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Resolution 2001-292 16A20 .~ 16A~J RESOLUTION NO. 2001--292 A RESOLUTION ADOPTING AN ADMINISTRA TlVE PROCEDURES MANUAL TO SERVE AS A GUIDE FOR COLLIER COUNTY STAFF AND THE LOCAL DEVELOPMENT COMMUNITY FOR THE IMPLEMENT A TION AND ADMINISTRATION OF THE COLLIER COUNTY CONSOI~IDATED IMPACT FEE ORDINANCE; AUTHORIZING THE USE OF THE MANUAL BY STAFF AND CUSTOMERS FROM THE DEVELOPMENT COMMUNITY; AND REPEALING AND RESCINDING PRIOR UNOFFICIAL ADMINISTRATIVE GUIDELINES OR PROCEDURES. WHEREAS, Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, codified as Section 74-503 of the Collier County Code of Ordinances, incorporates and references therein the currently existing administrative procedures manual(s) for the Public Facilities Impact Fee, except to the extent that it conflicts or varies the terms of the Ordinance; and WHEREAS, on August 3, 1999, the Board of County Commissioners approved a consulting contract for the consolidation of all of the County's impact fee ordinances into a single document and the development of a comprehensive administrative procedures manuaL and WHEREAS, since September 1, 1999, the County has implemented numerous management initiatives to enhance the accuracy and consistency of impact fee assessments and collections, including the creation of an Impact Fee Administration Section within the Community Development and Environmental Services Division, the implementation of redundant quality control measures, and the formation of an interdepartmental working group to address specific problem areas; and WHEREAS, the Board of County Commissioners desires for County staff to continue to take deliberate steps to upgrade and improve processes and procedures related to the calculation, assessment, and collection of impact fees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby adopts the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance (the Manual), attached hereto as Exhibit "A", and incorporates same by reference as if fully set forth herein; and authorizes the use of the guidelines and procedures contained within the Manual by County staff and customers from the Collier County development community; and further directs that the Manual shall be regularly reviewed by County ..---.,.----..----- -.- ------ staff and may be brought forth from time to time for the incorporation of corrective changes and improvements to its content, and directs that these future changes and improvements shall be presented for adoption by resolution of the Board of County Commissioners. BE IT FURTHER RESOLVED that, except for those documents expressly incorporated by reference into County codes or ordinances, any document, written or published by any agency under the jurisdiction of the Board of County Commissioners of Collier County, that has previously in any way served the purpose of complementing or augmenting County codes or ordinances relating to impact fees by promulgating administrative guidelines or procedures for the calculation, assessment, or collection of impact fees, is hereby repealed and rescinded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote favoring same. Done and effective the ~'/' day of ~ 2001; . ATTEST: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James D. Carter, Ph.D., Chairman 16 20 Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance Transportation, Water / Sewer, Parks and Recreation, Library Facilities, EMS, Educational Facilities, Correctional Facilities, and Fire Facilities FINAL REPORT June t, 2001 Prepared by: Tindale-Oliver and Associates, Inc. 1000 North Ashley Drive, Suite 100 Tampa, FL 33602 phone: (813) 224-8862 bwallace(~tindaleoliver, com In association with: Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A. TABLE OF CONTENTS 16A20 INTRODUCTION ................................................................................................................ 1 SECTION ONE: CONSOLIDATED IMPACT FEE ORDINANCE ................................................................ 3 Article I - General ....................................................................................... 3 Section 74-100 - Repeal of Ordinances ......................................... 3 Section Section Section Section Section Section Section Section 74-101 - Shod Title ........................................................... 4 74-101 - Authority ............................................................. 4 74-103 - Applicability ......................................................... 4 74-104 - Findings .............................................................. 5 74-105 - Purpose .............................................................. 5 74-106 -Adoption of Impact Fee Studies .......................... 5 74-107 - Rules of Construction ......................................... 7 74-108 - General Definitions ............................................. 8 Article II -Impact Fees .............................................................................. 9 Section 74-201 - Imposition of Impact Fees ................................... 9 A. General Requirements ........................................................ 9 B. Impact Fee Rates ................................................................ 9 C. Change of Size or Use ........................................................ 14 D. Exemptions ......................................................................... 16 E. Affordable Housing Waiver or Deferral ................................ 17 F. Fund Reimbursement .......................................................... 18 Section 74-202 - Payment ............................................................. 19 A., B., Co "Payment Required Prior to Building Permfl Issuance". ........................................................................... 19 Residential Land Uses Track ..................................... 20 Non-residential Land Uses Track ............................... 21 D., E., F. "Developments in Unincorporated vs. Incorporated Areas". ................................................................................ 23 G. "Payment Obligations Runs with the Land". ........................ 23 H. "Expiration of Building Permit Prior to Construction". ........... 24 I. "Payment of Fees for Phased Developments". .....................24 J. "Impact Fees to be Paid in Addition to Ail Other Fees". ........26 K. "Mixed Use Developments". ................................................ 26 L. "Nonstandard Impact Fee Use Categories". ......................... 27 Section 74-203 - Use of Funds ...................................................... 28 A. "Impact Fee Trust Accounts". .............................................. 28 B., C., D. "Eligible Uses". ......................................................... 28 E. Investment of Impact Fee Funds". ....................................... 29 F., G. "Refunds of Impact Fees Not Expended or Encumbered". ...................................................................... 30 Section 74-204- Alternative Fee Calculation ................................. 30 A. Conditions for Conducting Alternative Fee Calculation". ...... 30 B., C., D., E., F., G., H., I. "Requirements for an Alternative Fee Calculation". ................................................................. 32 Section 74-205 - Developer Contribution Credits ........................... 36 Tindale-Ofiver & Associates, Inc May 31, 2001 Collier County Consofidated Impact Fee Administrative Procedures Manual 16A20 A. "General Eligibility". ............................................................. 36 B. "Standards for Granting Impact Fee Credits". ...................... 36 C., D., E. "Submittal and Review of Proposed Plan for Dedications or Contributions". .............................................. 37 F., G. "Developer Contribution Agreement". ............................ 38 H., I., J., K., L. "Provisions for Road Impact Fee Credits". ....... 43 Annual Maximum Credit Budget ................................. 44 Cash Reimbursement in Lieu of Credits ..................... 45 Dedications and Contributions for Impact Fee Credits 45 Reimbursement Provisions ........................................ 45 M. Uniform Method of Determining Developer Contribution Credits". .......................................................... 46 N. "Assignment and Transferal of Impact Fee Credits". ........... 47 O. "Immediate Issuance of Building Permit with Fees Paid Under Protest". ................................................................... 47 P. "Credits in Excess of Impact Fee Amount". ......................... 48 Article III - Miscellaneous Provisions ......................................................... 49 Section 74-301 - Overview of Special Requirements ..................... 49 Section 74-302 - Special Requirements for Road Impact Fee ....... 49 B. Purpose ............................................................................... 49 E. Use of Funds ......................................... ' .............................. 50 F. Impact Fee Rates ................................................................ 50 Section 74-303 - Special Requirements for Water Impact Fee and/or Sewer Impact Fee ........................................................ 49 B. Purpose ............................................................................... 51 C. Limitation on Applicability .................................................... 51 D.. Payment .............................................................................. 52 F. Impact Fee Rates ................................................................ 52 Section 74-304 - Special Requirements for Parks and Recreation Impact Fee ................................................................... 51 F. Impact Fee Rates ................................................................ 53 Section 74-305 - Special Requirements for Library Impact Fee ..... 53 F. Impact Fee Rates ................................................................ 53 Section 74-306 - Special Requirements for Emergency Medical Services Impact Fee ....................................................................... 54 F. Impact Fee Rates ............................. '. .................................. 54 Section 74-307 - Special Requirements for Educational Facilities Impact Fee ..................................................................................... 54 F. Impact Fee Rates ................................................................ 55 Section 74-308 - Special Requirements for Correctional Impact Fee ..................................................................................... 55 F. Impact Fee Rates ................................................................ 55 Section 74-309 - Special Requirements for Fire Impact Fee .......... 56 C. Limitation on Applicability .................................................... 56 F. Impact Fee Rates ................................................................ 56 Article IV - Affordable Housing Impact Fee Waiver or Deferral .................. 58 Section 74.401 - Impact Fee Waiver or Deferral ............................ 58 Section 74.402 -Affordable Housing Definitions, Benefit Standards, and Limitations ............................................................. 61 Tindale-Oliver & Associates, Inc May 31, 2001 Collier County Consolidated Impact Fee ii Administrative Procedures Manual 16A20 Article V- Miscellaneous Provisions .......................................................... 62 Section 74-501 - Collection of Impact Fees in Default ................... 62 Section 74-502 - Update Requirement .......................................... 63 Section 74-503- Incorporation of Administrative Procedures Manual ........................................................................................... 64 Section 74-504 - Declaration of Exclusion from Administrative Procedures Act ............................................................................... 64 SECTION TWO: APPENDICES FOR IMPACT FEE RATE SCHEDULES AND BOUNDARIES ................. 65 SECTION THREE: CONFLICT AND SEVERABILITY .................................................................................... 66 SECTION FOUR: REPEAL OF ORDINANCES ............................................................................................. 67 SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES .................................................... 68 SECTION SlX: EFFECTIVE DATE ...................................................................................................... 69 Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: Figure 5A: Figure 6: LIST OF FIGURES Assessing, Processing, and Collection of Impact Fees Flowchart ................... ' 11 Application for Refund of Paid Impact Fees Flowchart ..................................... 25 Refund of Impact Fees Not Expended/Encumbered Flowchart ........................ 31 Alternative Fee Calculation Flowchart .............................................................. 34 Developer Contribution Agreement Flowchart ................................................. 40 Developer Contribution Agreement for Public Utilities Flowchart ..................... 41 Flow Chart showing the Waiver / Deferral of Impact Fees Under the SHIP Program ................................................................................................. 59 Appendix A: Appendix B: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Appendix C: LIST OF APPENDICES Collier County Consolidated Impact Fee Ordinance - Ordinance No. 2001-13 Sample Impact Fee Payment / Administration Forms Sample Fee Checklist Sample Impact Fee Calculation Sheet Sample Competed Impact Fee Credit Worksheet Sample Impact Fee Phased Installment Payment Agreement Land Use Cross-Reference Table Tindale-Oliver & Associates, /nc May 31, 200'/ iii Collier County Consolidated Impact Fee Administrative Procedures Manual Appendix D: 1Appendix E: Appendix F: Appendix G: Appendix H: Appendix I: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Appendix J Exhibit 1: Exhibit 2: Exhibit 3: Transportation Impact Fee Proposed Alternative Fee Calculation Methodology Emergency Medical Services and Correctional Facilities Impact Fees Proposed Alternative Fee Calculation Methodology Parks and Recreational Facilities and Library Facilities Proposed Alternative Fee Calculation Methodology Educational Facilities Proposed Alternative Fee Calculation Methodology Water and Sewer Facilities Proposed Alternative Fee Calculation Methodology Sample Impact Fee Credit and Developer Contribution Agreement Forms Sample Developer Contribution Agreement Fact Sheet Sample Road Impact Fee Developer Contribution Agreement Checklist for Standard Form of Agreement Sample Standard Form Collier County Contribution Agreement for Road Impact Fee Credits Sample Application for Road Impact Fee Credit Affordable Housing/State Housing Initiative Partnership (SHIP) Program Sample Affordable Housing / SHIP Application Package Sample Impact Fee Calculation Letters and Worksheets Sample Affordable Housing Impact Fee Waiver / Deferral Agreements G.'I0 7 312\docs\manual\rev T OC. doc Tindale-Oliver & Associates, Inc May 31, 2001 Collier County Consolidated Impact Fee iv Administrative Procedures Manual 16A20 COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE ADMINISTRATIVE PROCEDURES MANUAL INTRODUCTION Florida's growth management legislation requires local governments to plan and provide for capital infrastructure facilities. The implementation of impact fees to require future development to contribute its fair share of the cost of improvements and additions to the public facilities is an integral and vital element of the regulatory plan of growth management. Collier County currently assesses new development impact fees for eight public facilities, including roads, water and sewer facilities, parks and recreational facilities, libraries, emergency medical services, educational facilities, correctional facilities, and fire protection (for the Isles of Capri Fire District and the Ochopee Fire District). Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, consolidates all eight of these development impact fees into one ordinance, replacing the previous, individual public facility impact fee ordinances. This Administrative Procedures Manual is intended to serve as a guide for Coun. ty Staff and the development community in the implementation and administration of the Collier County Consolidated Impact Fee Ordinance. The sections in this Administrative Procedures Manual parallel the sections of the Consolidated Impact Fee Ordinance. As such, this Manual will include some overlap of the materials covered in the Ordinance. For the convenience of the user of this Manual, the Collier County Consolidated Impact Fee Ordinance is included herein as Appendix A, in its entirety. Users of this Manual are encouraged to reference the Consolidated impact Fee Ordinance for further clarification of each section discussed in the Manual. Each section of the Manual describes the corresponding section of the Consolidated Impact Fee Ordinance and provides further details regarding the actions that are taken in the implementation of that particular portion of the Ordinance. The major sections of the Ordinance that require specific actions by County Staff and applicants 'include the following: Tindale-Oliver and Associates, Inc. May 31, 2001 Coflier County Consolidated Impact Fee Administrative Procedures Manual 16A20 i · Imposition of Impact Fees for Residential and Non-residential Land Uses (Manual Page 9; Ordinance Section 74-201 .); · Changes of Size and Use (Manual Page 14, Ordinance Section 74-201.C.); · Impact Fee Exemptions (Manual Page 16, Ordinance Section 74-201.D.); · Affordable Housing Waivers and Deferrals (Manual Page 17, Ordinance Section 74-201.E.; Manual Page 51, Ordinance Section 74-401 .); · Payment of Impact Fees (Manual Page 19, Ordinance Section 74-202.); · Alternative Impact Fee Calculations (Manual Page 30; Ordinance Section 74-204.); and · Developer Contribution Credits and Agreements (Manual Page 36; Ordinance Section 74- 205.). For ease of navigation through the Administrative Procedures Manual, the page number in the Manual is referenced where each of the above sections is discussed. The section in the Consolidated Impact Fee Ordinance pertaining to each of the above areas is also referenced. In this Administrative Procedures Manual, an overview of each of these sections and all other sections of the Consolidated Impact Fee Ordinance is first provided, followed by a discussion of the actions required by Staff and development applicants in the administration of the Ordinance. Staff should be familiar with each section of the Consolidated Impact Fee Ordinance, regardless of whether or not the section requires specific actions by County staff or the applicant. All sections of the Consolidated Impact Fee Ordinance are, therefore, discussed in this Manual. When a section from the Ordinance requires a form to be completed by County Staff or the applicant, the form and the process flow of the form are discussed in the Administrative Procedures Manual "Staff/ Applicant Actions" section. Sample forms are also referenced in various appendices as "Exhibits." Similarly, notes are provided when a particular step in the process must be approved by County Staff. When forms and/or approval are not relevant to a particular section of the Consolidated Impact Fee Ordinance, such discussions are not included in this Manual. Tindale-Oliver and Associates, Inc. May 31, 2001 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 CONSOLIDATED IMPACT FEE ORDINANCE - SECTION ONE ARTICLE I - GENERAL Article I of Section One of the Consolidated Impact Fee Ordinance provides general information regarding the adoption and use of the Ordinance. The nine sections of Article I include: · Section 74-100. Repeal of Ordinances; · Section 74-101. Short Title; · Section 74-102. Authority; · Section 74-103. Applicability; · Section 74-104. Findings; · Section 74-105. Purpose; · Section 74-106. Adoption of Impact Fee Studies; · Section 74-107. Rules of Construction; and · Section 74-108. General Definitions. Each of the sections in Article I of the Ordinance is discussed below. Section 74-100. Repeal of Ordinances Overview This section identifies the Collier County ordinances that were repealed and superseded in their entirety, as of the effective date of the Consolidated Impact Fee Ordinance. These repealed and superseded ordinances are those that were in place for the administration of the eight individual public facility impact fees (e.g., roads, water and sewer facilities, parks and recreational facilities, libraries, emergency medical services, educational facilities, correctional facilities, fire protection). Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. The County Attorney's Office can answer questions concerning the differences between the Tindale-Oliver and Associates, Inc. May 31, 2001 3 Collier County Consolidated Impact Fee Administrative Procedures Manual Consolidated Impact Fee Ordinance and the prior ordinances for each of the public facility impact fees. Section 74-i0i 16/ 20 · Short Title Overview The Collier County Consolidated Impact Fee Ordinance, Ordinance Number 2001-13, is referred to as the "Collier County Consolidated Impact Fee Regulations" or the "Collier County Impact Fee Ordinance." Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. Section 74-102. Authority Overview This section of the Ordinance establishes the Collier County Board of County Commissioners' authority for adopting the Consolidated Impact Fee Ordinance. Staff I Applicant Actions No actions are required by County Staff or the applicant regarding this section. Section 74-103. Applicability Overview This section of the Ordinance establishes that the Ordinance applies to both the unincorporated and incorporated portions of Collier County. Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. However, County Staff can answer questions concerning impact fees that are assessed on new developments in both incorporated and unincorporated areas of the County. Tindale-Oliver and Associates, Inc. May 31, 2001 Collier County Consolidated Impact Fee Administrative Procedures Manual Section 74-104. Findings 16 20 Overview This section of the Consolidated Impact Fee Ordinance lists the findings that have been considered in the development of the Ordinance. The nine subjects discussed with regards to these findings can be reviewed in Section 74-104 of the Ordinance. Staff I Applicant Actions No actions are required by County Staff or the applicant regarding this section. The County Attorney's Office can answer any questions concerning the findings listed in the Ordinance as they apply to the legal standing of the County's Impact Fee Program. Section 74-105. Purpose Overview The Consolidated Impact Fee Ordinance is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users and new development. The five major purposes of the Ordinance can be reviewed in Section 74- 105 of the Ordinance. Staff I Applicant Actions No actions are required by County Staff or the applicant regarding this section. However, County Staff can answer questions concerning the purposes of the Ordinance as they relate to the benefits of the Impact Fee Program. Section 74-106. Adoption of Impact Fee Studies Overview Seven impact fee studies, one relating to each of the following: transportation facilities, water and sewer facilities, parks and recreational facilities, library facilities, emergency medical facilities, educational facilities, and correctional facilities, have been adopted by the Board of County Commissioners of Collier County. Section 74-106 of the Consolidated Impact Fee Ordinance incorporates these studies into the Ordinance. Tindale-Oliver and Associates, Inc. May 31, 2001 5 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 i Hard copies of these seven studies are located in the office of the Collier County Impact Fee Administrator and are listed below: Transportation Facilities: "Collier County Transportation Impact Fee - 1991 Update Study" dated April 1992 prepared by Tindale-Oliver & Associates, Inc., as supplemented by Collier County 1999 Transportation Impact Fee - Update Study (January 14, 2000)@ prepared by Tindale-Oliver & Associates, Inc.; Water and Sewer Facilities: Collier County Growth Management Plan, as amended (February, 1991); the Water Master Plan Update, prepared by Camp, Dresser & McKee, Inc. (1996), as amended; the 201 Facilities Plan Update, prepared by Camp, Dresser & McKee, Inc. (1997), as amended; the Water & Sewer Impact Fee Study, prepared by Agnoli, Barber & Brundage, Inc. (1997), as amended; Parks and Recreational Facilities: Impact Fees for Parks and Recreational Facilities for Collier County, Florida, prepared by Henderson, Young & Company (March 18, 1999); Library Facilities: Library Facilities and Items Development Impact Fee Update Study, Collier County, Florida, prepared by Growth Management Specialists, Inc. (June 27, 2000); Emergency Medical Services: Emergency Medical Services Development Impact Fee Updated Study, Collier County, Florida, prepared by Growth Management Analysts, Inc. (June 27, 2000); Educational Facilities: Impact Fees for Educational Facilities in Collier County, Florida, prepared by Henderson, Young & Company (May 13, 1992), as amended, and the Collier County School Board 5~Year Capital Outlay Summary; Tindale-Ofiver and Associates, Inc. May 31, 2001 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 i Correctional Facilities: Rate Study for Impact Fees for Correctional Facilities for Collier County, Florida, prepared by Henderson, Young & Company (April 26, 1999), as amended; and Fire Facilities: "Isle of Capri Fire District and Ochopee Fire District Fire Impact Fee Study dated July 30, 1997," prepared by Fishkind & Associates, Inc. (July 30, 1997), as amended. Staff I Applicant Actions No actions for the administration of the County's impact fee program are required by County Staff relative to this section. However, County Staff are familiar with the methodologies and inputs used to develop impact fees (as listed in the impact fee rate tables) for each public facility and is available to answer questions concerning the same. Copies of the studies may be purchased from the County. contact the Collier County Impact Fee Coordinator at the Development and Environmental Services Division. For more information, County's Community Section 74-i07. Rules of Construction Overview With regards to the administration and enforcement of the Consolidated Impact Fee Ordinance, this section establishes the rules to be followed when definitions, terms, tables, illustrations, etc. used therein are not completely consistent. Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. County Staff are familiar with the rules of construction and can answer the questions of development applicants and other interested parties. Tindale-Oliver and Associates, Inc. May 31, 2001 Coflier County Consofidated Impact Fee Administrative Procedures Manual Section 74-108. General Definitions Overview This section establishes the intended meanings of specific terms used in the Consolidated Impact Fee Ordinance. When used in this Manual or in the context of the Consolidated Impact Fee Ordinance, the terms shall have the meanings defined in Section 74-108 of the Ordinance, unless the context clearly states otherwise. Definitions are included in the Ordinance for 112 terms, most of which can be categorized as a term defining a land use type, a general administrative term, or a term used specifically in the context of the administration of impact fees. Staff / Applicant Actions County Staff understand the definitions used in the Ordinance and can effectively communicate the intended meanings of specific terms to development applicants and other interested parties. County Staff also keep track of any term whose use continually creates confusion in the application of the impact fee program. Undefined terms that County Staff feel may need to be clarified, interpreted, or defined in order to alleviate confusion and mitigate legal challenges to the application of the impact fee program will be referred to the County Attorney's Office for review and legal interpretation. Undefined terms that have been so interpreted may, if necessary, be added to the Administrative Procedures Manual as annotations and serve as aids to administering, applying, or implementing the Manual and the Consolidated Impact Fee Ordinance. As part of its routine review of the CIFO, if deemed necessary, the Board may add undefined, but annotated, terms as new definitions, except that no new definition shall be added to, or an existing term deleted from either the Administrative Procedures Manual or the CIFO without approval and adoption of an ordinance by the Board of County Commissioners. Tindale-Oliver and Associates May 31, 2001 8 Collier County Consolidated Impact Fee Administrative Procedures Manual ARTICLE II - IMPACT FEES 16A20 Article II of the Consolidated Impact Fee Ordinance provides information specific to the imposition of impact fees under the Ordinance. The five sections of Article II include: · Section 74-201. Imposition of Impact Fees; · Section 74-202. Payment; · Section 74-203. Use Of Funds; · Section 74-204 Alternative Fee Calculation; and · Section 74-205. Developer Contribution Credits. Each of the sections in Article II of the Ordinance is discussed below. Section 74-201. Imposition of Impact Fees A. General Requirements Overview 'This section requires that all new developments within the County, whether located in the unincorporated or incorporated portions of the County, which will generate additional impacts on County facilities, pay impact fees according to the eight impact fee schedules included with the Ordinance. Staff I Applicant Actions No actions are required by County Staff or the applicant regarding this section. B. Impact Fee Rates Overview This section establishes that impact fees will be imposed on new developments occurring in Collier County, according to the rates included in the eight impact fee schedules included as part of the Consolidated Impact Fee Ordinance. The eight impact fee schedules include the following: Tindale-Oliver and Associates, Inc. May 31, 2001 Collier County Consolidated Impact Fee Administrative Procedures Manual Schedule 1 - Schedule 2- Schedule 3- Schedule 4 - Schedule 5 - Schedule 6- Schedule 7 - Schedule 8 - Transportation Impact Fee Schedule; Water and Sewer Impact Fee Schedule; Parks and Recreational Facilities Impact Fee Schedule; Library Facilities Impact Fee Schedule; Emergency Medical Facilities Impact Fee Schedule; Educational Facilities Impact Fee Schedule; Correctional Facilities Impact Fee Schedule; and Fire Impact Fee Rate Schedule. Staff / Applicant Actions The Road, Parks and Recreational Facilities, Library Facilities, Emergency Medical Facilities, Educational Facilities, and Correctional Facilities Impact Fees are calculated by the office of the Impact Fee Coordinator, while the Water and Sewer Impact Fees are calculated by the Public Utilities Department. Impact fees are paid as part of the process to obtain a building permit for a proposed development project. There are two administrative paths or tracks for the calculation of impact fees as part of this permitting process. The first track is for impact fees that must be paid as part of an application for a building permit for single family or duplex residential lan(J uses. The second track is for impact fees that must be paid as part of an application for a building permit for multi- family residential land uses and non-residential land uses. Figure I illustrates the basic steps and process relating to the impact fees for residential and non-residential land uses. For single-family dwelling units and duplex dwelling units, the single-family Plans Reviewer staff person will identify and calculate all required impact fees. For single- family homes in excess of 5,000 square feet of living space, or with more than four bathrooms, the meter size will be reviewed by the Public Utilities Impact Fee Specialist. For non-residential land uses and multi-family residential land uses, the Structural Plans Reviewer staff person will complete the top portion of the Impact Fee Calculation Sheet and forward it to the Impact Fee Coordinator's Office for the initial calculation of all impact fees, except the Water and Sewer Impact Fee. Tindale-Oliver and Associates, Inc. May 31, 2001 10 Collier County Consolidated Impact Feu Administrative Procedures Manual Figure I - Part 1 Assessing, Processing and Collection of Impact Fees Residential Single Family . Application Forwarded to Single Family Plans Review Plans Reviewer Completes Fee Checklist and includes with Permit Package Plans Review is Completed Permit Clerk Prepares Package for Processing and Prints Payment Slip Applicant Notified Permit Package Ready for Pickup Residential Single Family Review Criteria a. size less than 5,000 Square Feet b. less than 4 baths c. less than or equal to 2 stories d. less than 400 amp electrical service e. not in Flood Zone All others permit requests will be reviewed through the Non-Residential Permit Process Customer Service Agent Issues Certificate of Adequacy (CEA) Customer Service Agent Forwards CeA to Permit Clerk for Inclusion In Permit Package - · IIII / II ..... .'"Health "~.. ../ Department Start F Applicant Obtains ! A ppliI nC~ tel rOmn aPt iaoCnk aDge; ~rom L, ,,, r'I, ,, .... 0I. Applicant Drops ffCompleted ~. _{_ uo Applicant Submits Completed Application Package to Customer 16/ 20 Yes County Staff Receives Application Package and Secures Application Check L Applicant Corrects Service Agent Application Customer Service No ....I.-"'"' Application Agent Sends Application to Health Department -" Yes Applicant's Application ' I Fee isAccepted and Residential,...,,,'""' '-~Non-Residential ' L Processed ' I .... ..' Health~ , ~---Yes-: Department ~-~Yes ,,-~ . · /"~.l~_Yes_~-t ~ Single Family Applicant Notified';~--i Non-Residential _~ No Deficiency or I _. Rejection ~ Application Forwarded to Plans Review Coordinator Yes /....i." .... '~ ./ Applicant · "" Corrects No i Applicant Withdraws Application L I Plans Reviewes Completes top Part of Impact Fee Calculation Sheet (IFCS) - Bill IFCS is Forwarded to Impact Fee Specialist Impact Fee Specialist ~ Checks for Credits, Stop Demolition and Exemption of Impact Fees Completes IFCS for I~ . -"' ' Impact Fee ....... 'i Exemption of'Fees and ~-¥es--~ Exemption? .... I pa p ' ' . .... . Completes Impact FeeCredit Worksheet (IFCW) ../Impact Fee Credit"-.... ,, ,, -Yes-----~ for Demolition or~ Impact Fee Specialist Completes IFCS Credit . Section and Signs Form . ..... .j Cont. On Next Page [G:107312.O0/DocslManual/Flaure l-Part I Figure I -Part 2 Assessing, Processing and Collection of Impact Fees Cont. Impact Fee Specialist Reviews and Corrects IFCS Forward IFCS Back to i Impact Fee Specialist for I Review and or Corrections ! Impact Fee Specialist !Calculates Fees and Enters on IFCS and CD+ System Impact Fee Specialist Verifies Water and Sewer and Fire Fees entered into CD+ System -No--:' All Fees Entered ' ..... Impact Fee Specialist Completes IFCS and Signs Form Impact Fee Specialist I i Forwards form to Impact Fee I Coordinator for Review and ! Signature I ...." Impact Fee .. Coordinator Completed form is Forwarded to Permitting to be Included into Permit Package Plans Review Coordinator I Forwards to Each I Discipline for Review I 16A20 Structural Review .....' '"'Approve' "--.~ No '= Yes ...- ......... --. , Plumbing/Mechanical I .. .... ~ )_.~....- "Approve ...... · Review ~ Yes , ,: Electrical Review i Fire Plans Review and i '~ Fire Impact Fee ~-- i Calculation I .i_,,, ,,,, .... Public Utilities Review I · I and Impact Fee Calculation [, ,,,,,, )_~.~..-" Approve .......... ITM I . ...--'Appro~ ....... No -~ Yes F ~ .?~ ........."-.... No . .-"~ Approve -.. IYes Approved Plans Forwarded to Plans Review Coordinator Applicant Corrects Deficiencies and 1. Resubmits Plans. Plans Review Coordinator Sends Letter of Deficiency Wait for Completed .. APpr°vaI..Plans All Reviews ,~,. Yes No Package Sent to Permit Clerk for Processing Permit Clerk Prepares Package for Permit Pickup and Prints Payment Slip 16 20 i Applicant Notified that Permit Package is Ready for Pickup Cont. On Next Page Figure I -Part 3 Assessing, Processing and Collection of Impact Fees Cont. Applicant Pays Amount Indicated on Payment Slip Cashier Processes Payment- Generates Receipt, Payment and Inspection Card ? Stop -~ No ~--No · No-- Applicant Picks up Permit Package and Payment Slip Applicant goes to Cashier to Pay for Perm it; Presents Payment Slip ' Applicant Pays --- .... 'L Impact Fee with Applicant Submits Notarized Application for Road, Water/Sewer or Other Impact Fee Credit (RIFC) Impact Fee Specialist Reviews Notarized RIFC Application Applicant has Curredt.... Developer Contribution ~'-... ~ Agreement (DCA)'?. rYes _ Cr~eck DCA Ledger for Avadaoie Credit Credit Available? Impact Fee Specialist Updates DCA Credit ledger and Makes Copy of Form for Ledger Files 16A20 Impact Fee Specialist Enters Credit Amount into CD+ System and Prints Revised Payment Slip for Applicant Applicant Confirms Revised Payment Slip and Provides Payment for Permit Cashier Processes Payment - Generates Receipt, Permit and Inspection Card 16420 Bounced Check Procedure Start Finance Department Receives Notification of Bounced Check I Finance Department / Traces Transaction land Determines Check was Related to Building Permit Finance Department Notifies Building Director of Bounced Check Building Director Issues Stop Work on i Permit and Suspends t Contractor License in County Contractor/Applicant Must Pay Bounced Check Fees and Check Amount with Cash or Cash Equivalent Contractor/Applicant Pays with Cash or Cash Equivalent ,l,:.e.s .............. sSut s p eWn d ekd "~ adh ,ractodr op or r er an License Reinstated 16A20 The Water and Sewer Impact Fee is calculated by the Public Utilities Department once the plumbing and mechanical plans review is completed and identifies the specific number of fixtures on which the impact fee and calculation of water and sewer generation is based. The number of fixtures determines the meter size, which, in turn, will determine the actual calculation of the impact fee. Once the impact fee is calculated, it is entered into the CD Plus Permitting System by Public Utilities Department staff. The Impact Fee Specialist will then calculate the amount of each impact fee due and enter this information on the Impact Fee Calculation Sheet. The Impact Fee Specialist (any staff person responsible for calculating impact fees and entering the calculated fees into the CD Plus Permitting System) will then enter the number of units of the applicable land uses for which the permit is being requested into the CD Plus system (except for Water / Sewer and Fire, which will have been entered by the Public Utilities Department and the Fire Plans Review Staff, respectively). The CD Plus system then calculates the impact fee for each impact fee program area. The completed Impact Fee Calculation Sheet is forwarded to the Permit Clerk, where it is included with the permit package. Impact fees must be paid by the applicant to obtain a building permit. Refer to Section 74-202. Payment of the Consolidated Impact Fee Ordinance for a discussion of the payment of impact fees. County Staff are familiar with the impact fee rate tables and how to determine the rate that a new development will be assessed using the tables. The impact fee rate tables were developed in the impact fee studies, referenced in Section 74-106. of the Ordinance and this Manual. C. Change of Size or Use Overview This section of the Ordinance establishes the provisions for the payment of impact fees when an existing land use, building, or dwelling unit is altered, expanded, or replaced. Tindale-Oliver and Associates, Inc. May 31, 200~ 14 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 Staff / Applicant Actions There are five conditions where impact fees shall be imposed for the alteration, expansion, or replacement of a land use, building, or dwelling unit, or the construction of an accessory building. Impact fees shall be imposed for these scenarios if such actions result in a land use that is determined to: 1) increase the number of dwelling units; or 2) increase the size or square footage of the building; or 3) increase the size of the use; or 4) intensify the use, so as to constitute an expansion of the same use category; or 5) create additional demand or impacts on any of the public facilities. If one of these conditions results from the change, then County Staff will calculate the impact fees due according to the guidelines listed in Section 74-201 .C.1., 2., or 3. of the Ordinance. The actual determination of the fee for the change will be calculated in the same manner as an original impact fee calculation, using the impact fee rate schedules discussed above and in Section 74-201. of the Ordinance. Impact fees will be calculated in accordance with the following guidelines. 1. If impact fees are calculated based on land use and not square footage, such as with a golf course development, County Staff will calculate the impact fees due by taking the difference between the impact fee due, based on the applicable rate schedule for the impact fee land use category resulting from the alteration, expansion, or replacement and the impact fee that would have been due based on the applicable rate schedule immediately prior to the change. 2. If only the square footage of a building is increased, County Staff will calculate the impact fees due only for the net increased square footage. 3. Staff will calculate the impact fees due for the addition of an accessory building based on the impact fee rate for the land use category of the primary building, unless the accessory building is specifically listed as a land use category in the impact fee schedule. 4. If the proposed changes to a building or land use will create additional impacts on a public facility, County Staff will calculate the impact fees due by assessing the Tindale-Oliver and Associates, Inc. May 3~, 200~ 15 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 difference between the any previously paid impact fees and the impact fees that would be charged for the proposed changes. Credits or offsets against previously paid impact fees are not payable to the development applicant in the event a proposed change results in lower net impacts on a public facility. Impact fee credits for a change of use will be recorded on the bottom section of the Impact Fee Calculation Sheet. More detail is provided on this topic in the Administrative Procedures Manual, below, in the discussion covering Section 74-202. of the Ordinance. D. Exemptions Overview This section of the Consolidated Impact Fee Ordinance establishes the conditions under which a development or improvement may be exempted from the payment of impact fees. Impact fee exemptions generally apply to six development types and changes of use, including: 1. the alteration, expansion, or replacement of a building or land use, for which the impact fee has been pal(J, provided the respective alteration, expansion, or replacement does not result in additional impacts on public facilities; 2. the construction of an accessory building or improvement which does not result in an additional impact on public facilities; 3. the construction of publicly-owned residential housing (excluding exemptions for water and sewer and educational impact fees); 4. the issuance of a tie-down permit for a mobile home for a site where applicable impact fees have previously been paid; 5. adult-only communities (only for the educational facilities impact fee), if they meet the specific requirements that govern their protective documents and establish their adult-only status; 6. developments for which the respective impact fee is then expressly prohibited by state or federal laws; and Tindale-Oliver and Associates, Inc. May 31, 2001 16 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 ACLFs (only for the educational facilities impact fee), if they are properly licensed and have filed a copy of their governing document or license with the Collier County Impact Fee Coordinator. Staff / Applicant Actions County Staff will apply the above guidelines and Section 74-201.D. of the Consolidated Impact Fee Ordinance to determine if an exemption should be allowed for the requested development. If an exemption is granted, it will be annotated on the Impact Fee Calculation Sheet. E. Affordable Housing Waiver or Deferral Overview This section of the Consolidated Impact Fee Ordinance establishes that the County will waive or defer the payment of impact fees for new owner-occupied or rental development which qualifies as Affordable Housing, as described in Article IV of the Ordinance. This section also establishes the requirement that applicants must file an application for waiver or deferral with the County Manager's office. The County's Housing and Urban Improvement DePartment administers all affordable housing impact fee waivers and deferrals on behalf of the County Manager. Specific requirements of the waiver or deferral process are discussed in Article IV, Affordable Housing Impact Fee Waiver or Deferral of the Consolidated Impact Fee Ordinance. When a proposed development meets the criteria of Article IV of the Ordinance, the County Manager enters into an impact fee waiver or deferral agreement with the owner or applicant. Finally, conditions for the County's interest in the impact fee waiver or deferral to be made subordinate to other security interests, such as first mortgages, are identified. Staff I Applicant Actions Staff in the County's Housing and Urban Improvement Department administer the general provisions of this section of the Ordinance, as well as the more specific provisions of Article IV of the Ordinance. Staff working with the Impact Fee Coordinator in the Community Development and Environmental Services Division are also familiar with these sections of the Consolidated Impact Fee Ordinance. See Article IV of the Tindale-Oliver and Associates, Inc. May 31, 2001 17 Collier County Consofidated Impact Fee Administrative Procedures Manual 16 20 Ordinance for more details on the topic of affordable housing waivers and deferrals, as well as the County's administration of the State Housing Initiative Partnership (SHIP) Program. F. Fund Reimbursement Overview This section of the Consolidated Impact Fee Ordinance establishes that water and sewer impact fee waivers or deferrals must, with some exceptions, be reimbursed with full payment made (by some other funding source) to the applicable Water or Sewer Trust Fund. Staff / Applicant Actions Housing and Urban Improvement Department Staff will identify the funding source to reimburse the Water or Sewer Trust Fund with\in 30 days of the execution of a water or sewer impact fee waiver or deferral agreement and will initiate the reimbursement that is to be prepared in duplicate (original to the Finance Department and a copy to the Public Utilities Division). Deferrals for a period of less than seven years for multi-family affordable housing rental units need not 'be reimbursed, unless such deferrals wqyld jeopardize the liquidity of the Water or Sewer Trust Fund accounts, thereby interfering with improvements to the Water and/or Sewer Systems. The Public Utilities Division Administrator will determine that such an adverse impact has occurred when either of the two Trust Funds reserve balance is in jeopardy of approaching a total of less than $600,000 of unencumbered funds. If such a determination is made, the total number of affordable housing rental units that may be approved for water or sewer impact fee deferrals in any fiscal year may not exceed 225 units. The Public Utilities Division Staff will maintain such an approval limit so long as the "determination of jeopardy" exists, except that any of the 225 units not approved by an agreement in any fiscal year where funds are in jeopardy may be rolled over from one year to the next, until such time that the jeopardy determination ends. Tindale-Oliver and Associates, Inc. May 31, 2001 18 Collier County Consolidated Impact Fee Administrative Procedures Manual Section 74-202. Payment A., B., C. "Payment Required Prior to Building Permit Issuance" 1 6/ 20: Overview Section 74-202.A of the Consolidated Impact Fee Ordinance establishes that, unless deferred or waived by written county agreement, each applicable impact fee is to be paid in full prior to the issuance of a building permit (if a building permit is required). Section 74-202.B of the Ordinance acknowledges that a conventional building permit may not be required for all types of development, such as in the case of a golf course, park, or change of use. For such cases, this section 'requires that applicable impact fees shall be due prior to the occurrence of any one of the following events: 1. the date when the first building permit has been issued for any building or structure accessory to the principal use or structure of the development; or 2. the date when the first building permit is issued for the first non-accessory building or non-accessory structure to be used by any part of the development; or 3. the date when a final development order, final development permit, or other final authorization is issued authorizing cOnstruction of a parking facility for any portion of the development; or 4. the date when a final development order, final development permit, or other final approval is issued for any part of the development in instances where no further building permit is required for that part of the development; or 5. the date when any part of the development opens or goes into use. Staff I Applicant Actions It is the applicant's responsibility to pay all applicable impact fees in full before a building permit will be issued by the Building and Permitting Department. County Staff will not issue building permits prior to receiving all applicable impact fees. Payment must be in the form of cash, personal check, cashier's check, or money order and made payable to the Collier County Board of County Commissioners. Tindale-Oliver and Associates, Inc. May 31, 2001 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 .20 To determine if applicable impact fees have been paid in a timely manner, County Staff are familiar with the types of development that do not require the issuance of a building permit and the events that will trigger the required payment of impact fees for such development. Golf course owners are required to submit to the County a legal description and certified surveyor's sketch of the course prior to the commencement of construction of the course. As previously discussed above (Section 74-201. Impact Fee Rates of the Ordinance), the Steps associated with the payment of impact fees follow two different tracks-- residential and non-residential. However, each track will have been initiated with the development applicant obtaining a Development Application Package from the information desk at the Community Development and Environmental Services Division Office and completing the Application For Building Permit included in the package. Residential Land Uses Track The responsibilities of County Staff and the applicant are fewer for residential developments, with the time for County review and approval of a satisfactorily completed application being approximately one month. When the County receives a completed Application For Building Permit for a r~sidential development, the Single- Family Plans Reviewer will complete a Fee Checklist. A sample Fee Checklist is included in this Administrative Procedures Manual as Exhibit 1 of Appendix B. The Plans Reviewer will review the building development plans and calculate impact fees according to the fee schedules listed in Section 74-201. of the Consolidated Impact Fee Ordinance and this Administrative Procedures Manual. The required fees will be recorded on the Fee Checklist. The completed Fee Checklist will then become part of the Building Permit Package. Once the Fee Checklist is completed and all other building permit reviews have been completed, the development applicant will be able to obtain a Payment Slip from the Permit Pick-up Section. With this Payment Slip, the development applicant may pay his impact fees, as well as all other fees associated with the Building Permit, at the Cashier's Office. Once paid, the applicant will receive an official receipt from the Board of County Commissioners, the Building Permit, and an Inspection Card to be posted at the development site. Tindale-Oliver and Associates, Inc. May 31, 2001 2O Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 The Public Utilities Impact Fee Specialist will review single-family homes in excess of 5,000 square feet of living space or with more than four bathrooms to determine the meter size. If the Development Applicant wishes to pay for all, or a portion of, the impact fees due through a Developer Contribution Agreement, a completed and notarized Application for all applicable Impact Fee Credit(s) must be submitted, along with the Payment Slip, to the Cashier's Office when paying all required fees. The specific requirements for completion and processing of an impact fee payment through a Developer Contribution Agreement credit is discussed in Section 74-205. Developer Contribution Agreement of the Consolidated Impact Fee Ordinance. Refer to the flowchart in Figure 1 for more details on this subject. /Vor~-resider~tia! I..ancl Uses Track Staff and applicant responsibilities associated with the Building Permit processing and payment of impact fees for non-residential developments are discussed next. When the County receives an Application For Building Permit from a development applicant, a E~uilding Plans Reviewer will complete the top section' of an Impact Fee Calculation Sheet. A sample Impact Fee Calculation Sheet is included as Exhibit 2 in Appendix B. This section of the worksheet contains general, descriptive information about the proposed development. Upon completion of this portion of the worksheet, the Plans Reviewer will submit the Impact Fee Calculation Sheet to the Impact Fee Specialist within the Community Development and Environmental Services Division of the County. The appropriate Impact Fee Specialist calculates the impact fees for all fees due. The remaining fees are calculated using the impact fee schedules listed in Section 74-201. of the Consolidated Impact Fee Ordinance and this Administrative Procedures Manual. The Impact Fee Specialist will record the calculated amount of each applicable impact fee on the middle section of the Impact Fee Calculation Sheet. Any applicable exemptions, along with an explanation of each, will also be recorded on the Impact Fee Calculation Sheet. The Impact Fee Specialist will then enter the impact fee information into the County's CD Plus Permit Tracking System. While entering information into the Tindale-Oliver and Associates, Inc. May 3f, 2001 21 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 CD Plus System, the Impact Fee Administration Specialist will review the fees entered for water/sewer and fire impact fees. In the event that any impact fee credits for a building demolition or change of use apply to the development application, the Impact Fee Specialist will record the appropriate information on the bottom section of the Impact Fee Calculation Sheet. All water and sewer impact fee credits will be reviewed by a Public Utilities Impact Fee Specialist. An Impact Fee Credit Worksheet is required to document the calculation of the impact fee credit. A sample completed Impact Fee Credit Worksheet is included as Exhibit 3 of Appendix B. When all three sections of the Impact Fee Calculation Sheet have been completed and appropriate supervisory staff members have approved and signed it, the completed and approved Impact Fee Calculation Sheet will be forwarded to the Permit Pick-up Section where it is filed with the Permit Package. When the Permit Review Process has been completed and the Building Permit is ready to be picked up by the development applicant, staff will generate a Payment Slip for the applicant. Staff will then notify the development applicant that his Building Permit has been processed and is ready to be paid for and picked up. The development applicant will then pick up the Payment Slip from the Permit Pick-up Section. With this Payment Slip, the development applicant may pay his impact fees, as well as all other fees Associated with the Building Permit, at the Cashier's Counter. Once paid, the applicant will receive an official receipt from the Board of County Commissioners, the Building Permit, and an Inspection Card to be posted at the development site. If the Development Applicant wishes to pay for all, or a portion of, the impact fees due through a Developer Contribution Agreement, a completed and notarized Application For Road, Water and Sewer, and/or all other applicable impact fees must be submitted, along with the Payment Slip, to the Cashier's Office when paying all required fees. The specific requirements for completion and processing of an impact fee payment through a Developer Contribution Agreement credit is discussed in Section 74-205. Developer Contribution Agreement of the Consolidated Impact Fee Ordinance. Refer to the flowchart in Figure 1 for more details on this subject. Tindale-Oliver and Associates, Inc. May 3~, 2001 22 Collier County Consolidated Impact Fee Administrative Procedures Manual D., E., F. "Developments in Unincorporated vs. Incorporated Areas" 16 20 Overview Section 74-202.D of the Ordinance establishes that developments located within the unincorporated areas of the County must pay their impact fees to the County. Section 74-202.E establishes that developments located within a municipality must pay their impact fees in accordance with the Florida Local Government Development Agreement, if the municipality has entered into such an agreement with the county, and directly to the County in the absence of such an agreement. Section 74-202.F establishes that impact fees shall be collected in accordance with Section 74-202.A when the development is located within a municipality and the governing body thereof does not require payment prior to the issuance of a building permit. This same section of the Ordinance also requires that delinquent impact fees be processed in accordance with Section 74-501 of the Ordinance. Staff / Applicant Actions County Staff are aware of conditions of Florida Local Government Development Agreements and any other related agreements between the County and municipalities within the'County to ensure that payments are made to the appro~3riate entity. G. "Payment Obligation Runs with the .Land" Overview Section 74-202.G of the Consolidated Impact Fee Ordinance establishes that the obligation for the payment of impact fees runs with the land and that the assignment of impact fee credits shall not be permitted except in accordance with Section 74-205. of the Ordinance, which covers Developer Contribution Credits. Staff I Applicant Actions See the discussion of Section 74-205.N. of the Consolidated Impact Fee Ordinance. H. "Expiration of Building Permit Prior to Completion" Tindale-Oliver and Associates, Inc. May 31, 2001 23 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 Overview This section of the Consolidated Impact Fee Ordinance establishes that an applicant may apply for a refund of the impact fees paid if the applicant's building permit expires prior to the commencement of construction of any part of the development. Staff / Applicant Actions In this situation, an applicant must submit a written request for an impact fee refund to the Impact Fee Coordinator within 90 days of the expiration of the building permit. This written request for refund must contain the items listed in Section 74-202.H of the Consolidated Impact Fee Ordinance. Figure 2 illustrates the basic steps and process relating to the refund of paid impact fees. The applicant is advised-that the failure on his part to provide a written request for an impact fee refund within 90 days of the expiration of the building permit will result in the waiver of the applicant's right to a refund. When the Impact Fee Coordinator receives a written request for impact fee refund, his staff shall verify that the building permit has expired and that the construction of the development has not commenced. If these conditions are met, the Division Administrator will authorize the refund of impact fees paid, via a recommendation by the Impact Fee Coordinator. In the event that another building permit is subsequently issued for a d~velopment on the same property that received an impact fee refund, the impact fee in effect at the time the subsequent building permit is issued must be paid, as required by Article II, Sections 74-201 and 74-202 of the Ordinance. I. "Payment of Fees for Phased Developments" Overview This section of the Consolidated Impact Fee Ordinance allows for the phased payment of impact fees when a project is to be similarly developed and occupied in phases and the County issues separate Building Permits for separate phases. Tindale-Oliver and Associates, Inc. May 31, 2001 24 Collier County Consolidated Impact Fee Administrative Procedures Manual Figure 2 1. 6 ,~ ~ 0 Application For Refund of Paid :Impact Fees Return to Applicant with Deficiencies Noted -No Forwarded Letter to Applicant Denying Refund with Explanation Why Start Applicant Submits Written Request for Impact Fee Refund within 90 Days of Building Permit Expiration or Cancelation Impact Fee Administration Forwards Request to Appropriate J Department/Divisions Appropriate Department/ J Divisions Review Request Yes No Yes Yes I 25 Stop Division Administrator Approves Refund Request Impact Fee Coordinator Approves Refund Request Approved Refund Request Processed by Finance Department L Refund Check Mailed to I Original Payer or Land I Owner, as Appropriate [G:]07312.00~Oocs/ManuaUFigure 2 16 20 Staff / Applicant Actions A development applicant may pay his impact fees on an installment basis for the portion of the development represented by unoccupied units or space only when the Board of County Commissioners and the applicant have entered into an agreement allowing such delayed payments. (In practice, Water and Sewer Impact Fees cannot be paid in installment payments). All impact fees due must be paid in full, per the provisions of Section 74-202. of the Ordinance, prior to the issuance of a certificate of occupancy for occupancy of any delayed-occupancy (phased) portion or the development. It is the development applicant's responsibility to initiate the Impact Fee Phased Installment Payment Agreement. A sample of the Impact Fee Phased Installment Payment Agreement is included as Exhibit 5 of Appendix B of this Administrative Procedures Manual. If an agreement is not executed for phased occupancy and payment, impact fees payable for all portions of the development, including the phased portion of the development, must be paid prior to the issuance of a building permit. J. "Impact Fees to be Paid in Addition to All Other Fees" Overview This Section of the Cor~solidated Impact Fee Ordinance states that the issua'nce of a building permit is contingent upon the payment of all applicable impact fees, in addition to any other fees, charges, and assessments that may apply. Staff / Applicant Actions It is the applicant's responsibility to pay all applicable impact fees, in addition to all other applicable fees, charges, and assessments. K. "Mixed Use Developments" Overview This section of the Consolidated Impact Fee Ordinance requires that for mixed-use developments, impact fees will be calculated separately for each land use of the proposed mixed-use development. Tindale-Ofiver and Associates, Inc. May 31, 2001 26 Collier County Consolidated Impact Fee Administrative Procedures Manual If a development includes mixed land uses, for example residential and non-residential land uses, County Staff will assess the impact fees for each use based on the fee schedule. The impact fees for each land use will be calculated according to the provisions of Article II, Sections 74-201 and 74-202 of the Consolidated Impact Fee Ordinance. The impact fees for each individual land use will then be added together, resulting in the total impact fees for the mixed-use development. There are no provisions in the Consolidated Impact Fee Ordinance for a reduction to account for internal trips between residential and non-residential land uses. However, the applicant has the option of completing an Alternative Fee Calculation, in accordance with the Consolidated Impact Fee Ordinance and this Manual. It is incumbent upon the applicant to provide documentation supporting a claim that the Development will be occupied by separate and identifiable enterprises, one not to subordinate or be dependent upon the other. Such documentation may include, but is not limited to, a lease agreement or detailed building plans. The Impact Fee Coordinator will determine the sufficiency of such documentation. L. "Nonstandard Impact Fee Land Use Categories" Overview This section of the Consolidated Impact Fee Ordinance establishes a procedure for calculating impact fees for cases where a development involves a land use that is not included in the impact fee schedules included in the Appendix A of the Consolidated Impact Fee Ordinance. Staff / Applicant Actions When impact fees cannot be calculated using the fee schedules included in the Ordinance, because the land use category of the subject development is not included in the fee schedules, County Staff will calculate applicable impact fees based on the methodologies included in the impact fee studies identified in Section 74-106 of the Ordinance. The impact fee rate calculation variables associated with the land use category from the impact fee schedule that is most similar to that of the subject development will be used to calculate the impact fees due. Appendix C provides an Tindale-Oliver and Associates, Inc. May 31, 2001 27 Collier County Consolidated Impact Fee Administrative Procedures Manual expanded list of land uses that cross-references the land use categories included in the Road Impact Fee Rate Schedule. County Staff will use this land use cross-reference table as an initial guide to determine which land use category (and associated impact fee variables) to use to calculate impact fees for development projects with land uses not included in the rate schedules that are provided in the Consolidated Impact Fee Ordinance. Section 74-203. Use Of Funds A. "Impact Fee Trust Accounts" Overview This section of the Ordinance establishes that separate Impact Fee Trust Accounts are to be maintained for each public facility impact fee for the deposit of impact fee funds from development applicants. It also establishes that each Trust Account may be further divided based upon benefit districts associated with each public facility impact fee. The eight Impact Fee Trust Accounts are listed in Section 74-203.A of the Consolidated Impact Fee Ordinance. Staff I Applicant Actions The Impact Fee Coordinator, in conjunction with the Clerk of Courts Finance Department, shall review, on an annual basis, the balances of the Impact Fee Trust Accounts. This review will be conducted in conjunction with the development of the County's annual Capital Improvements Program. The purpose of this review will be to ensure that impact fees collected are expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date the impact fees were originally paid. B., C., D. "Eligible Uses" Overview Sections 74-203.B., C., and D. of the Consolidated Impact Fee Ordinance establishes that the funds deposited into the Impact Fee Trust Accounts may only be used for Tindale-Oliver and Associates, Inc. May 31, 2001 28 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 providing growth-necessitated improvements and additions to the specific public facility for which the impact fee was assessed. These sections also identify uses for which the funds may not be expended. Staff / Applicant Actions County Staff are familiar with the provisions of Sections 74-203.B., C., and D. This ensures that impact fees collected and deposited into the Trust Accounts are expended in a manner that is consistent with the Consolidated Impact Fee Ordinance. Twenty-one eligible uses of impact fee funds are specifically listed in Section 74-203.B; this list is not exhaustive. Section 74-203.C of the Ordinance establishes that funds deposited into the Impact Fee Trust Accounts may not be used to fund maintenance or repair projects or any project not included in the Five Year Capital Improvements Element of the County's Comprehensive Plan. Finally, Section 74-203.D establishes that only public facility improvements required by growth, as projected in the Comprehensive Plan or in the Impact Fee Studies identified in Section 74-106 of the Ordinance, may be funded from Impact Fee Trust Account balances. E. "Investment of Impact Fee Funds" Overview Section 74-203.E of the Consolidated Impact Fee Ordinance requires that Impact Fee Trust Account funds that are not immediately expended shall be invested by the County. Interest income derived from such investments is also to be deposited into the appropriate Impact Fee Trust Accounts. Staff / Applicant Actions The Collier County Finance Department is responsible for investing (and maintaining) Impact Fee Trust Account balances not immediately needed for growth-necessitated improvements. Tindale-Oliver and Associates, Inc. May 31, 2001 29 Collier County Consolidated Impact Fee Administrative Procedures Manual Overview Sections 74-203.F. and G. of the Consolidated Impact Fee Ordinance establish that impact fees collected pursuant to the Ordinance will be returned to the then-current owner of the property if the fees have not been expended or encumbered within six years of the date the fees were originally paid. Staff / Applicant Actions In order for an impact fee to be refunded, pursuant to this section of the ordinance, the then-current owner of the property must petition the Board of County Commissioners prior to the end of the fiscal year immediately following the sixth anniversary of the date the impact fees were paid. The owner must submit the petition to the Board through the County Manager's office, where it is forwarded to the Impact Fee Coordinator. The information to be included in the petition is listed in Section 74-203.F. of the Ordinance. Once it is determined that all required information is included in the petition, the Impact Fee Coordinator and the responsible Division Administrator for the particular Impact Fee Program Area will review the petition to determine if the applicant's impact fees have been expended appropriately and in the ~ix-year time frame. If a refund is due the applicant, the Board of County Commissioners will authorize that the applicant's impact fees be refunded. Figure 3 illustrates the basic steps and process involved with the refund of impact fees that have not been encumbered/expended in a timely manner. Section 74-204 Alternative Fee Calculation A. "Conditions for Conducting Alternative Fee Calculation" Overview This section establishes the conditions under which an applicant may perform an alternative impact fee calculation (in lieu of payment of impact fees according to Section 74-201 or Section s 74-302 through 74-309 of the Consolidated Impact Fee Ordinance) to determine the amount of impact fees payable to the County. Tindale-Ofiver and Associates, Inc. May 31, 200~ 3O Collier County Conso#dated Impact Fee Administrative Procedures Manual Figure 3 Refund of Impact Fees Not Expended/Encumbered IApplicant Completes ~__ Required Information I and Resubmits Start Applicant Completes Petition Requesting Refund of Impact Fees Applicant Submits Written Refund Request to County Manager County Manager Forwards Request to Llmpact Fee Administration Impact Fee Administration Forwards Request to Appropriate Department/Divisions Appropriate Department/ Divisions Review Request Complete Review Within 90 Days of Complete Application $16A20 Impact Fee Coordinator Prepares Board Item Request foF AppFoval For Refund of Impact Fees County Manager Approves Board Item BCC Authorizes Impact Fee Refund Request Refund nt Refund Check Mailed to Original Payor or Owner, as Applicable Applicant Due a Refund? No Impact Fee Administration Sends Letter and Explanation of Why No Refund is Due Stop 31 [G:]07312.001Docs/Manual/Figure 3 16A20 Staff / Applicant Actions When an applicant believes the nature of his proposed development will be such that it will generate impacts that would cost less than the impact fees determined by the application of Section 74-201 of the Consolidated Impact Fee Ordinance or the rates that would be calculated through the application of the methodologies of the studies identified in Sections 74-302 through 74-309 of the Ordinance, the applicant may choose to conduct an alternative impact fee calculation. The applicant must follow specific procedures to be able to submit an alternative fee calculation. It would be preferable that the analysis be submitted and approved before the issuance of the building permit. Otherwise the applicant must pay the applicable impact fees in full, as determined by the impact fee rate schedules discussed in Sections 74-302 through 74-309 of the Ordinance. A non-refundable application fee of $2,500 (or the then-established application fee) is also required. With fees paid, the applicant begins the process by making a written request to the County Manager for a Pre-application Meeting to discuss the alternative fee calculation methodology. This request must be made within 90 days of the issuance of a building permit. Details of this process are provided in the remainder of Section 74-204 of the Ordinance. The applicant has 12 months from the date of issuance (~f the building permit to complete the alternative impact fee calculation study and submit it to the County Manager. One six- month extension is permitted, and others may be permitted, when requested, in writing, to the County Manager. B., C., D., E., F., G., H., I. "Requirements for an Alternative Fee Calculation" Overview These sections of the Consolidated Impact Fee Ordinance establish the requirements for conducting an alternative impact fee calculation, the submittal requirements, and the conditions for approval of the alternative fee calculation. _ Section 74-204.B of the Ordinance establishes the requirement that a Pre-application Meeting between the applicant and the County Manager or his designees be held prior to commencing the alternative fee calculation process. This meeting is required to Tindale-Oliver and Associates, Inc. May 31, 2001 32 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 discuss the requirements, procedures, and methodology for conducting the alternative fee calculation. Section 74-204.C. of the Ordinance provides the details of the timeliness of the County's review of the proposed methodology. Sections 74-204.D. and E. of the Ordinance establish the general guidelines by which the alternative fee calculation must be calculated. Technical details of the methodology and other matters relative to the alternative impact fee calculation are provided in Appendices D through H of this Manual. Sections 74-204.F. and G. of the Consolidated Impact Fee Ordinance establish the responsibilities of County Staff with regards to the determining if the applicant's alternative impact fee calculation study is complete; steps to be followed if it is determined that the study is deficient; and the County's responsibilities with regards to reviewing a completed study and the conclusions included therein. Section 74-204.H. of the Ordinance establishes that the condition by which the impact fees paid by the applicant may be reduced from the amount as established through the a~)plication of the impact fee schedules referenced in Se~;tions 74-302 through 74-309 to the amount determined through the alternative impact fee calculation study. If the County Manager denies the results of alternative impact fee calculation, Section 74- 204.1. provides an appeal process available to the applicant. Staff I Applicant Actions Figure 4 illustrates the basic steps and process relating to the Alternative Fee Calculation. It is the applicant's responsibility to arrange the Pre-application Meeting with the County Manager or his designated staff. Staff, as well as the applicant, must be familiar with the requirements of the Pre-application Meeting with _respect to the specific public service for which the alternative fee calculation is being conducted. It is the applicant's responsibility to submit the proposed approach to the alternative fee calculation study to the County Manager. The Impact Fee Coordinator and the Division Tindale-Oliver and Associates, Inc. May 31, 2001 33 Collier County Consolidated Impact Fee Administrative Procedures Manual Figure 4 Alternative Fee Calculation (AFC) No Inform Applicant Cannot File Request Because Time Limit Expired Start Applicant Requests Pre-Application Meeting; Pays Impact Fees; Pays Review Fee for Study Impact Fee Coordinator Reviews Request for AFC .... ·Filed within 90'"'--,~ <'"' Days of Building - Yes . Pre-Application Meeting ~1' _ . Data is Scheduled by Stop .,) Impact Fee Coordinator ........ ..... Conduct Pre-Application I Participants Meeting *Impact Fee Coordinator ....... Ir'= ~ ..... I'Representative of ResponsibleZ Impact Fee Program Area ----- .......... *Applicant i PP' ' i Approach to AFC Study County Manager Reviews ~ Approach Applicant Resubmits AFC I i AFC Apprc~ach ........... i i ......... ,,,,,, - Yes .. -, · " " AFC '"'-. . "F rst Applicant · ...... ' , '"-.. ".-~--N o--..' Approacn ' · -,,,. Resubmittal? ..,,~' "- N,o ~,,; Yes Applicant Requests Decision from County Manager on Previous ? AFC Methodology ~Yes .,.~pprove,~ Conduct Pre-Application l IVleeting l-' I Applican[ Documents Pre-Application Methodology Meeting ' Applicant Conducts AFC 16A20 Applicant Submits ..C°mpleted AFC Study .,.,....'""Applicant ~, -Yes< SCt :dmyp 'wil~it "> No ..~" Applicant has Yes · .."'" AFC Study ".~ No No County Reviews Study for Completeness within 30 Days Yes Applicant is Notified of Completed AFC Study Submittal within10 Days Review of Completed AFC Stucly by County Staff within 30 Working Days .No Request for AFC '~, ~,. Time Extension J / Applicant Requests Time Extension In Writting L ___i ........ ' .......... ...... ..",.__, County Reviews Request /.,'Time Extension"'".. <,~ yReceived within~ ear Study J I I Applicant Notified that No Extension Granted Extension Granted and Applicant Notified ~,pplicant Notified that Deadline Passed for AFC Study Submission 'Applicant is Notified of Deficiencies / No Further Action Required Until Deficiencies Corrected ! Applicant Corrects Deficiencies and Resubmits AFC Study P~cipants I *Impact Fee Coordinator I *Representative of Responsible I Impact Fee Program Area I *Applicant Study Review ........... Completed within 30 '~-No--~ Cont. On Next Page Yes Applicant Files Appeal to BCC within 30 Days of Notification County Staff Reviews ,,Filed Timely? Yes Figure 4 Alternative Fee Calculation (AFC) Cont. ~No Continued From Previous Page Notify APplicant of Results Applicant Elects to No Yes County Staff Completes Recommendations Concerning AFC Study -" Impact Fees ...... ,~' Reduced by !Notify Applicant of New Fees Division Administrator and Impact Fee Coordinator Determine Amount of Refund Due Applicant from Fees Paid Under Protest Stop ) Notify Applicant that Appeal Was Not Filed Timely I '.._22__9 No . Yes-- 16 20 Yes Item is PlaCedAgendaOn BCC BCC Obtain File Date for Study Review and Return to BCC '~'-'_~ii~i'iiii' ' i'i.~_.~'i-~'~_._-_' .'ii'i'i -- ~. County Staff Completes Review of AFC Study County Staff Completes Report Back to BCC and to Applicant BCC Sets Date to Review AFC Study and Staff Report Impact Fee ....... .. No Administrator responsible for the particular impact fee program being studied will review the proposed approach. The applicant must have approval of the County Manager to proceed with the study. Section 74-205. Developer Contribution Credits 16A20 A. "General Eligibility" Overview This Section of the Consolidated Impact Fee Ordinance establishes that applicants may be eligible for credits against impact fees due, pursuant to Section 74-201 for certain contributions, construction, or land dedication related to the same type of public facility. Credits may be given for projects or improvements whether or not they are required pursuant to a development order. Intermingling or cross-over of credits from one type of public facility to another is not allowed by the Consolidated Impact Fee Ordinance. Staff I Applicant Actions Developer contributions for impact fee credits must be an integral part of, and a necessary accommodation to, existing or contemplated public facilitieS. It is the County Manager's responsibility to approve any such impact fee credits for developer contributions. The process of reviewing impact fee credit agreements is discussed below. B. "Standards for Granting Impact Fee Credits" Overview Impact fee credits are subject to the standards outlined in Section 74-205.B of the Ordinance. There are five major concepts of this section. First, developer contributions in the form of land dedications, offsite improvements, and construction or installation improvements must be integral parts of, and necessary accommodations to, the County's official public facility infrastructure needs plans, as determined by the County at the time of the contribution or dedication. Second, there are specific requirements governing the conveyance and valuation of land to the County by the developer. Third, Tindale-Oliver and Associates, Inc. May 31, 200~ 36 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 there are guidelines for determining the final valuation of developer contributions of construction or installation of improvements versus the initial proposed cost associated with such contributions. Fourth, there are standards of conformity for all construction cost estimates, plans, specifications, and conveyances which are to be part of a developer's contribution. Finally, the value of any land, construction, or infrastructure improvement otherwise legally required to be built or transferred by/from the developer to the County may not be included in the value of a developer's contribution. Further, the value of a facility contribution for a particular public facility may not exceed the impact fee associated with the respective public facility, unless specifically made part of a Developer Contribution Agreement, as discussed in Section 74-205.P. Staff / Applicant Actions Questions concerning the provisions of this section should be directed to the County Attorney's Office and the Impact Fee Coordinator. C., D., E. "Submittal and Review of Proposed Plan for Dedications or Contributions" Overview Section 74-205.C ~f the Consolidated Impact Fee Ordinance defines the I~arameters of a developer's proposed plan for land dedication or contributions. Section 74-205.D. and E. outline the responsibility of the appropriate County Staff/Department for reviewing a developer proposal that has been submitted for review. These sections also present seven criteria that must be met for the County to enter into a Developer Contribution Agreement with the applicant. Staff / Applicant Actions The development applicant must follow the guidelines for the proposal found in this section of the Ordinance. Prior to the issuance of a building permit, it is the applicant's responsibility to submit a proposed plan for the_dedication of land or contribution to the Transportation Administrator, Public Utilities Administrator, or other appropriate Division or Department Administrator. Tindale-Oliver and Associates, Inc. May 31, 2001 37 Collier County Consolidated Impact Fee Administrative Procedures Manual 1 6 20 Upon receipt of a completed developer contribution proposal, it is the responsibility of the appropriate County Division or Department Administrator to schedule a meeting of the Board of County Commissioners. The Administrator must notify the applicant, in writing, of the time and place of the meeting. The purpose of the meeting will be to present the proposed plan to the board. If the seven criteria listed in Section 74-205.D of the Ordinance are met, the Board may authorize the County Attorney to enter into a Developer Contribution Agreement with the developer. Once approved by the Board, the Transportation Administrator, Public Utilities Administrator, other appropriate Division or Department Administrator, or County Manager will determine the amount of developer credits to be applied and the timetable for completion of construction or land dedication. The amount of the credit will be determined according to the standards of Section 74-205.B of the Ordinance: F., G. "Developer Contribution Agreement" Overview Sections 74-205.F. and G. of the Consolidated Impact Fee Ordinance provide details on the provisions of a Developer Contribution Agreement. As part of these provisions, the developer is responsibl~ for paying a processing, review, and audit fee of $2,5C~0, which is due the County once the contribution plan has been approved by the County and prior to the preparation of the Developer Contribution Agreement. A Developer Contribution Agreement may be granted only for the impact fee district where the development is located and only for the same public facility impact fee for which dedications or contributions are to be made. Staff / Applicant Actions Twenty-two specific provisions of a developer contribution are included in Section 74- 205.F. of the Ordinance. These provisions are not exhaustive, but rather provide the mi~nimum requirements of a Developer Contribution Agreement. Road impact fees represent a significant majority of the Developer Contribution Agreements entered into between developers and Collier County. Therefore, the following steps for entering into a Developer Contribution Agreement for road impact Tindale-Oliver and Associates, Inc. May 31, 2001 38 Collier County Consolidated Impact Fee Administrative Procedures Manual ! 6 20 fees are provided to add details to the process described in the preceding sections of the Administrative Procedures Manual. These steps are illustrated in Figure 5. Steps for Public Utilities are illustrated in Figure 5A. The steps for other public facility impact fees would be similar. The County's Transportation Division is responsible for the details associated with a Developer Contribution Agreement for Road Impact Fees, while the County's Public Utilities Division is responsible for the details associated with a Developer Contribution Agreement for Water and Sewer Impact Fees. Developer Contribution Agreements for other impact fees will be handled by the respective Division or Department Administrator. To initiate the process, the development applicant will go to the Transportation Division, Public Utilities Division, or other appropriate County Department or Division to request a meeting to discuss the specifics of his interests in obtaining impact fee credits and entering into a Developer Contribution Agreement. At this time, staff with the Transportation Division, Public Utilities Division, or other appropriate County Department or Division will begin filling out a Developer Contribution Agreement Information Fact Sheet. When completed, this Fact Sheet will include identifying information regarding the development and the value of any construction projects or land donations offered as part of a Developer ContribUtion Agreement. Any real estate appraisal report arid/or statement made, as to the value of a land dedication, that is received as part of the completed Fact Sheet will be forwarded to the Real Property Department's Review Appraiser for review and comment as part of the Developer Contribution Agreement review process. A sample Developer Contribution Agreement Fact Sheet is included as Exhibit 1 of Appendix I of this Administrative Procedures Manual. During the initial stages, the Transportation or Public Utilities Administrator (or the Administrator from the appropriate County Department or Division) and the development applicant will also review the items that must be provided by the applicant and included with a competed Developer Contribution Agreement. This review is conducted using a Road or Water and Sewer (or other appropriate public service) Impact Fee Developer Contribution Agreement Checklist For Standard Form ©f Agreement. A sample of this checklist is included as Exhibit 2 of Appendix I of this Administrative Procedures Manual. This checklist includes 30 items that must be agreed to as part of or provided with the Tindale-Oliver and Associates, Inc. May 31, 200~ 39 Collier County Consolidated Impact Fee Administrative Procedures Manual Figure 5A Developer Contribution Agreement (DCA) Other Than Public Utilities Applicant Requests Meeting to Discuss Impact Fee Credits and DCA Requirements with Transportation Division Transportation Division Initiates DCA Information Fact Sheet and Schedules Meeting Applicant Corrects Deficiencies and Provides Required Information Transportation Division Notifies Applicant of Deficiencies Review DCA Requirements and Checklist at Meeting Applicant Provides DCA Package, Exhibits and All Other Required Information Transportation Division Reviews Applicants DCA Package County Attorney's Office Notifies Transportation Division of Deficiencies ,.. Verify All DCA .... % Checklist Items ~ ........... s_ .......... Transportation Division Sends Complete Checklist to County Attorney's Office I County Attorney's Office Verifies "~DCA Checklist is I Yes ? County Attorney's Office Prepares DCA ano BCC Agenca ~tem Counti Attorney's Office Not;ties Applicant by Letter cf BCC Agenda Item Date BCC Reviews DCA__1 ,." BCCApproves DCA is Recorded in Collier County Official Records Recorded DCA is J Forwarded to Impact Fee J C°°rinat°r .... .i Impact Fee Specialist L No DCA Agreement J is Modified as J Per BCC J _ Directi_on ...... I T Yes BCC Recommends Modified Acceptable to 16A20 ~ (~Yes- No 1) DCA Related Documents 2) Approved Applications for Road Impact Fee Credits 3) Worksheet of DCA Balance Start Applicant May %.~pp.~~__ Appeal to Public Utilities ..... " Administrator Division I Administrator ~ Division~ No Recommend s Amending CIP Master Plan? Yes Staff Amends CIP Master Plan Stop I Applicant Corrects Deficiencies and Provides Required Information Public Utilities Division Notifies Applicant of ............ ~Defic~en~ Figure 5B Developer Contribution Agreement (DCA) For Public Utilities Applicant Requests Determination of Impact Fee Credit Eligibility from Public Utilities Engineering No Public Utilities" Engineering %Reviews Requests ~and Accepts J ~~Eligibility BCC Adopts / Amended CIP Master Plan J Applicant Provides DCA Package, Exhibits and All Other Required Information i Eng neer ng Revews ~.Applicant's DCA Package NO~ County Attorney's Office Notifies Transportation Division of Deficiencies Verify All DCA ,..~C hecklist Items ..~¢1~ Completed? ./ '"~ ~Yes Public Utilities Division Sends Complete Checklist to County Attorney's Office County Attorney's Office Verifies '%% DCA Checklist is j County Attorney's Office Prepares DCA and BCC Agenda Item County Attorney's Office Notifies Applicant by Letter of BCC Agenda Item Date BCC Reviews DCA 4' BCC Approves "~-. Nc ,) Yes DCA is Recorded in I Collier County Official I Records I Recorded DCA is Forwarded to Public Utilities Designee I Public Utilities Impact ~ Fee Specialist CreatesI-- DCA Ledger File DCA Agreement is Modified as Per BCC Direction Yes Stop 16A20 ~ ~ "' BCC Denies"",., v~. No BCC Recommends Modified Agreement Acceptable No Stop t 1) DCA Related Documents 2) Approved Applications for -- Water & Sewer Impact Fee Credits 3) Worksheet of DCA Balance [G:]07312.001DocslManual/Figure 5A-DCAPL 16 20 Developer Contribution Agreement. Numerous exhibits are also listed in the checklist for inclusion with the completed Developer Contribution Agreement. When all items on the Developer Contribution Agreement Checklist have been performed by the applicant, as appropriate, and have been approved by the respective Division or Department Administrator, the County Attorney's Office will prepare a draft Developer Contribution Agreement. A sample of this Standard Form Collier County Contribution Agreement For Road Impact Fee Credits is included as Exhibit 3 of Appendix I of this Administrative Procedures Manual. At this point, the County Attorney's Office will also prepare a letter to request that an item be placed on the Board of County Commissioners' agenda for the purpose of reviewing the draft Developer Contribution Agreement. A copy of this letter will be sent to the development applicant by the County Attorney's Office. At the Board of County Commissioners' meeting, the Board will review the Developer Contribution Agreement package and will approve, modify, or deny the Developer Contribution Agreement. If approved by the Board of County Commissioners, the Developer Contribution Agreement will be recorded in the official records of Collier County. Once an Developer Contribution Agreemer~t has been approved by the Board of County Commissioners, has been recorded, and a copy of the Developer Contribution Agreement has been received by the Collier County Impact Fee Coordinator, a Developer Contribution Agreement Ledger File will be created. Public Utilities will maintain a Developer Contribution Agreement Ledger File for Water and Sewer Impact Fee credits. The Developer Contribution Agreement Ledger File is used to track and document the running balance of developer credits as they are applied to the initial amount of the credit, as determined by the Developer Contribution Agreement. This file will include a copy of the approved Developer Contribution Agreement and all related amendments to the Agreement. Copies of all Applications For Road Impact Fee Credit (discussed. below) and/or documentation of any other adjustments are also maintained in this file, along with a copy of the worksheet that maintains a running balance of impact fee credits due the development applicant. Tindale-Oliver and Associates, Inc. May 3~, 2001 42 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 Impact fees for a development project for which there is a Developer Contribution Agreement in place will be calculated at the point in time when the development applicant initiates the process of pulling his first building permit. Then, for each occurrence when the applicant wishes to apply some of his (Road, Water and Sewer, or other applicable public facility) Impact Fee Credits, the applicant will be required to complete the Application For Impact Fee Credit Form. A sample of this form is included as Exhibit 4 of Appendix I of this Administrative Procedures Manual. The process of applying credits is initiated by the applicant. The applicant will take a completed Application For (Road, Water and Sewer, or other applicable public facility) Impact Fee Credit and a Payment Slip (obtained from the Building Permit Clerk) to the cashier's desk. At this point, the cashier will request that an Impact Fee Specialist, Public Utilities designee, or other appropriate review staff member review the Impact Fee Credit Ledger File to verify that impact fee credits are available for the subject development project. If it is confirmed that credits are available, they are applied at the current, adopted impact fee rates, and the Impact Fee Specialist will enter the credit amount into the CD Plus Permit Tracking System and prepare a new payment slip for the applicant. The development applicant will pay the net amount due (impact fees due minus any credits applied) by check to the Collier County Board of County Commissioners. At this point, the development applicant will receive an' official receipt from the Board of County Commissioners, the Building Permit, and the Inspection Card to post at the development site. As noted above, in each instance when credits are applied for, are confirmed available, and are used to pay an impact fee, the Impact Fee Specialist or, for Water and Sewer Impact Fees, the Public Utilities designee, will receive a copy of the Application For Impact Fee Credit and will update the Impact Fee Credit Ledger File, as appropriate. A copy of each Application for Impact Fee Credit will be kept in the Ledger File. H., I., J., K., L. "Provisions for Road Impact Eee Credits" Overview Sections 74-205.H., I., J., K., and L. of the Consolidated Impact Fee Ordinance establish additional provisions for 'developer credits specifically for road impact fees. Provisions Tindale-Oliver and Associates, Inc. May 31, 200~ 43 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 include consistency with the County's Adopted Roadway Needs Plan, Cost Feasible Plan, and Capital Improvements Element. There are also provisions that establish: 1) annual budget thresholds, determined by the Transportation Services Division, above which road impact fee credits may not be awarded; and 2) other developer compensation arrangements in the event that no road impact fee credits are available, given the annual budge threshold. Staff / Applicant Actions Annual Maximum Credit Budget Road impact fee credits will be granted to development applicants on an annual basis. The granting of impact fee credits will be from an allocation recommended and approved by the Board of County Commissioners. This budget will be established in the Transportation Service's Division annual budget. When the threshold amount in any one fiscal year has been reached, no more road impact fees will be granted in that fiscal year. However, the balance of any annual unexpended road impact fee credits may be carried over from one fiscal year to the next. The carryover will be considered and may I~e limited subject to the maximum budget allocation limit each year, as approved by the Board of County Commissioners. All such reimbursements made pursuant to a Developer Contribution Agreement shall not exceed a period of seven years from the date the Developer Contribution Agreement was recorded in the official records of Collier County. Furthermore, at the end of this seven-year period, any remaining reimbursement balance will be forfeited. The appropriate Division or Department Administrator shall maintain a credit ledger for the purposes of tracking the balance of the annual maximum credit budget. The amount of credits for each approved Developer Contribution Agreement will be subtracted from the current balance of the annual maximum credit budget until such time during the current fiscal year that the total credit budget is committed. Tindale-Oliver and Associates, Inc. May 31, 2001 44 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 Cash Reimbursement In Lieu of Credits If road impact fees are not available at the time a request is made by a development applicant, because the annual budgeted threshold amount has been reached, the County can otherwise compensate the applicant. This compensation may be a cash reimbursement under the following conditions. 1. If a phase(s) of the dedication or contribution, or both, is included in the County's five-year Capital Improvements Element, the County will compensate and may agree to reimburse the applicant for that phase(s) of off-site improvements at the time the funds are scheduled to become available in the five-year Capital Improvements Element. 2. If the County has a budget for advanced right-of-way acquisition, the County may reimburse the applicant for the value of the right-of-way, up to the level of the remaining budget. Dedications and Contributions for Impact Fee Credits If a development applicant wishes to dedicate right-of-way in return for impact fee credits, the Impact Fee Coordinator will confirm with the Transportation Services Division Administrator (or other appropriate Division or ~)epartment Administrator) that the property being offered for dedication is consistent with the Adopted Needs Plan. This requirement must be met for the right-of-way dedication to be eligible for impact fee credits. If a development applicant wishes to dedicate right-of-way and/or make a roadway contribution in return for impact fee credits, the dedication or contribution must be in the County's Cost Feasible Plan of the Transportation Network at the time of the request for impact fee credits. The Impact Fee Coordinator will confirm with the Transportation Services Division Administrator that the requested dedication or contribution is included in the Cost Feasible Plan, as required. Reimbursement Provisions The County may only grant impact fee credits for contributions for projects that meet one of the following two requirements: Tindale-Oliver and Associates, Inc. May 31, 2001 45 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 1. the right-of-way or contribution request for reimbursement must be included in the County's Five-Year Capital Improvements Element; or 2. when credits are available in the annual maximum credit budget, as discussed above. The Transportation Services Division Staff will review all road improvement projects for which a development applicant wishes to receive impact fee credits. This review will be conducted to ensure that all such road improvement projects are included in the County's Five-Year Capital Improvements Element. Staff for other County Divisions or Departments will conduct similar reviews of projects for which development applicants wish to receive impact fee credits. M. "Uniform Method of Determining Developer Contribution Credits" Overview Section 74-205.M of the Ordinance establishes a uniform, countywide method of determining developer credit amounts against impact fees in order to maintain the proportionate share purpose of the Consolidated Impact Fee Ordinance. Staff / Applicant Actions To determine impact fee credit amounts, County Staff will apply the standards established by Section 74-205 of the Consolidated Impact Fee Ordinance for the unincorporated areas of Collier County to all developments located in all areas of the County--both unincorporated and incorporated. With specific regard to road improvements, impact fee credits will not be awarded for the dedication of the minimum local road widths. This is intended to put the unincorporated areas of the County in the same posture as the incorporated areas, thereby maintaining the proportionate share purpose of the Ordinance. Tindale-Oliver and Associates, Inc. May 3~, 2001 46 Collier County Consolidated Impact Fee Administrative Procedures Manual N. "Assignment and Transferal of Impact Fee Credits" 16A20 Overview Section 74-205.N. establishes the conditions whereby assigned/transferred from one development to another. impact fee credits may be Staff / Applicant Actions The County will initiate the agreement between the County and an applicant that allows for the assignment of impact fee credits. The assignment of impact fee credits must be consistent with the credit agreement. Furthermore, any future assignee or successor to the subject development will be bound by the provisions of that agreement. Impact fee credits can only be assigned or transferred by a written and executed agreement between the County and the development applicant. Credits can only be transferred from one development to another development that is owned by the same developer and is within the same impact fee district for the same type of public facility. For example, impact fee credits for road impact fees may not be assigned to another development for payment of fire impact fees or any other impact fee. O. "Immediate Issuance of Building Permit with Fees Paid Under 15rotest'' Overview Section 74-205.O. establishes that the County may immediately issue a building permit to an applicant if he submits a proposed credit agreement and pays the impact fees due, as determined by the Ordinance. Fees will be considered paid by the applicant under protest. Differences between the amount paid and the amount due, as determined by the County Manager will be refunded to the applicant. Staff / Applicant Actions In the event a development applicant wishes to expedite receiving a Building Permit by paying impact fees under protest, the impact fees must be paid according to the provisions of Section 74-202. of the Ordinance. County Staff will proceed with the review of the applicant's proposed credit agreement according to the other provisions of Section 74-205. of the Ordinance. Tindale-Oliver and Associates, Inc. May 31, 2001 47 Collier County Consolidated Impact Fee Administrative Procedures Manual P. "Credits in Excess of Impact Fee Amount" 16 20 Overview This section of the Ordinance establishes the parameters under which impact fee credits for a particular public facility may exceed the total amount of the calculated impact fee and the manner in which credits will be distributed to the developer. Staff / Applicant Actions The development applicant will initiate a request of reimbursement for excess impact fee credits. Such reimbursement must be consistent with the provisions of the Developer Contribution Agreement. County Staff will review the Developer Contribution Agreement to verify that the Agreement allows for the payment of excess impact fee credits and any other provisions relative to the reimbursement of impact fee credits. County Staff will prepare a five-year schedule for reimbursement of the excess impact fees. Tindale-Oliver and Associates, Inc. May 31, 2001 48 Collier County Consolidated Impact Fee Administrative Procedures Manual 16/120 ARTICLE III - SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Section 74-301. Overview of Special Requirements Overview Since the Consolidated Impact Fee Ordinance combines the impact fee regulations for eight different types of public facilities, this Article is included in the Ordinance to provide additional provisions, requirements, and limitations that apply to the imposition of only impact fees for a specific public facility. Each of the following eight sections of the Ordinance provides specific information for the eight public facilities covered by the Consolidated Impact Fee Ordinance. When the provisions of these eight sections conflict with the general provisions of the Ordinance, the information in Article III will control. The Staff / Applicant Actions Staff should be familiar with the sections of the Ordinance discussed below (Section 74- 302 through 74-309) as these sections apply to staff members areas of expertise and responsibility. For purposes of reviewing these sections of the Ordinance in this Administrative Procedures Manual, only a brief summary of certain se(~tions will be provided. The user of this Manual is encouraged to familiarize himself with all sections of the Consolidated Impact Fee Ordinance; which is included in its entirety as Appendix A of this Administrative Procedures Manual. Section 74-302. Special Requirements for Road Impact Fee B. Purpose Overview This section of the Consolidated Impact Fee Ordinance provides further details on the purpose of the Ordinance, as it specifically relates to Road Impact Fees. It discusses the relationship between developer impact fees for the provision of growth related road improvements and their benefits to all Collier County residents. Tindale-Oliver and Associates, Inc. May 31, 2001 49 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 Staff I Applicant Actions No actions are required by County Staff or .the applicant regarding this section. However, Staff should be familiar with the purposes of the Ordinance as they relate to the benefits of the Road Impact Fee Program so that they may communicate these purposes to development applicants and other interested parties. Applicants will gain an in depth understanding of the importance of the Road Impact Fee Program by reviewing this section of the Ordinance. E. Use of Funds Overview This section of the Consolidated Impact Fee Ordinance establishes that road impact fees will only be used to fund off-site improvements within the same district where the subject development is located. Exceptions may be granted for improvements to roads that extend into one or more adjacent districts. This section also defines the boundaries of the County's eight Road Impact Fee Districts and establishes eight separate trust funds for the purposes of maintaining impact fees collected in each district. Staff / Applicant Actior~s Staff will need to be familiar with the provisions covering the use of funds for Road Impact Fees, as detailed in Section 74-302. of the Ordinance. F. Impact Fee Rates Overview This section of the Ordinance adopts the Road Impact Fee Rate Schedule included as Schedule One in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as requ_ired by the Consolidated Impact Fee Ordinance Staff / Applicant Actions Staff will use the Road Impact Fee Rate Schedule referenced in this section of the Ordinance to assess Road Impact Fees. Development applicants may wish to Tindale-Oliver and Associates, Inc. May 31, 2001 5O Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 familiarize themselves with the schedule to be able to prepare an estimate of the Road Impact Fees that must be paid prior to obtaining a building permit for their development project. Section 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee B. Purpose Overview This section of the Consolidated Impact Fee Ordinance provides further details on the purpose of the Ordinance, as it specifically relates to Water and Sewer Impact Fees. It discusses the authority to impose water and sewer impact fees and establishes that connections to the regional water and/or sewer system is required when such services become available in a particular district of the County. Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. However, Staff should be familiar with the purposes of the Ordinance as they relate to the purpose of the Water an~l Sewer Impact Fee Program, as well as the authority o~ the County to impose Water and Sewer Impact Fees, so that they may communicate these issues to development applicants and other interested parties. C. Limitation on Applicability Overview This section of the Consolidated Impact Fee Ordinance applies limitations on the imposition of the Water and Sewer Impact Fee. Generally, this impact fee applies only to development within the Collier County Water-Sewer District. Specific areas within the County that are excluded from paying Water and Sewer Impact Fees are listed in this section of the Ordinance. Separate limitations apply to Water and Sewer Impact Fees. ~ndale-OliverandAssociates, lnc. May 31, 2001 51 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 Staff / Applicant Actions Staff involved with the administration of the Water / Sewer Impact Fee Program must be familiar with the specific limitations on applicability listed in this section of the Ordinance. Development applicants may wish to familiarize themselves with this section in order to determine whether or not they will be required to pay Water / Sewer Impact Fees. D. Payment Overview This section of the Consolidated Impact Fee Ordinance establishes specific requirements for the timing of payment of Water and Sewer Impact Fees. It also establishes the provision whereby the County may, under certain circumstances and with certain authority given to the Public Utilities Administrator, offer installment payment options for the payment of Water and Sewer Impact Fees for a period of up to seven years. Staff / Applicant Actions This section of the Ordinance includes detailed information regarding the payment of Water and Sewer Impact Fees, ~specially when they are payable in installments. Staff' involved with the imposition of Water and Sewer Impact Fees must pay close attention to the provisions of this section of the Ordinance to ensure proper administration. F. Impact Fee Rates Overview This section of the Ordinance adopts the Water and Sewer Impact Fee Rate Schedule included as Schedule Two in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as required by the Consolidated Impact Fee Ordinance. Staff / Applicant Actions Staff will use the Water and Sewer Impact Fee Rate Schedule referenced in this section of the Ordinance to assess Water and Sewer Impact Fees. Development applicants Tindale-Oliver and Associates, Inc. May 31, 200~ 52 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 may wish to familiarize themselves with the schedule to be able to prepare an estimate of Water and Sewer Impact Fees that must be paid prior to obtaining a building permit for their development project. Section 74-304. Special Requirements for Parks and Recreation Impact Fee F. Impact Fee Rates Overview This section of the Ordinance adopts the Parks and Recreation Impact Fee Rate Schedule included as Schedule Three in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as required by the Consolidated Impact Fee Ordinance Staff / Applicant Actions Staff will use the Parks and Recreation Impact Fee Rate Schedule referenced in this section of the Ordinance to assess Parks and Recreation Impact Fees. Development applicants may wish to familiarize themselves with the schedule to be able to prepare an estimate of Parks and Recreation I~pact Fees that must be paid prior to obtaining a building permit for their development project. Section 74-305. Special Requirements for Library Impact Fee F. Impact Fee Rates Overview This section of the Ordinance adopts the Library Impact Fee Rate Schedule included as Schedule Four in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as required by the Consolidated Impact Fee Ordinance. Tindale-Oliver and Associates, Inc. May 3'I, 2001 53 Collier County Consolidated Impact Fee Administrative Procedures Manual Staff will use the Library Impact Fee Rate Schedule referenced in this section of the Ordinance to assess Library Impact Fees. Development applicants may wish to familiarize themselves with the schedule to be able to prepare an estimate of Library Impact Fees that must be paid prior to obtaining a building permit for their development project. Section 74-306. Special Requirements for Emer.clency Medical Services Impact Fee F. Impact Fee Rates Overview This section of the Ordinance adopts the EMS Impact Fee Rate Schedule included as Schedule Five in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as required by the Consolidated Impact Fee Ordinance. Staff I Applicant Actions Staff will use the EMS Impact Fee Rat~ Schedule referenced in this section of the Ordinance to assess of EMS Impact Fees. Development applicants may wish to familiarize themselves with the schedule to be able to prepare an estimate of EMS Impact Fees that must be paid prior to obtaining a building permit for their development project. Section 74-307. Special Requirements for Educational Facilities Impact Fee Overview In addition to tailoring the general requirements of the Consolidated Impact Fee Ordinance to the specific requirements of Educational Facilities Impact Fees, this section also recognizes that credits will be given for tax revenue sources that been utilized in prior years for funding improvements to educational facilities. Tind~le-Oliver and Associates, Inc. May 31, 2001 54 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 Staff / Applicant Actions Staff should be familiar with the provisions of this section of the Ordinance that provide for adjustments to impact fees payable due to tax revenue sources paid in prior years. F. Impact Fee Rates Overview This section of the Ordinance adopts the Educational Facilities Impact Fee Rate Schedule included as Schedule Six in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as required by the Consolidated Impact Fee Ordinance. This section also establishes that the Educational Facilities Impact Fee will be imposed on sites in a recreational vehicle park at the same rate that applies to mobile home sites, unless the Educational Facilities Impact Fee Rate Schedule provides otherwise. Staff / Applicant Actions Staff will use the Educational Facilities Impact Fee Rate Schedule referenced in this section of the Ordinance to assess Educational Facilities Impact Fees. Development applicants may wish to familiarize themselves ~ith the schedule to be able to prepare an estimate of Educational Facilities Impact Fees that must be paid prior to obtaining a building permit for their development project. Section 74-308. Special Requirements for Correctional Impact Fee F. Impact Fee Rates Overview This section of the Ordinance adopts the Correctional Facilities Impact Fee Rate Schedule included as Schedule Seven in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as required by the Consolidated Impact Fee Ordinance. Tindale-Oliver and Associates, Inc. May 3~, 2001 55 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 Staff I Applicant Actions Staff will use the Correctional Facilities Impact Fee Rate Schedule referenced in this section of the Ordinance to assess Correctional Facilities Impact Fees. Development applicants may wish to familiarize themselves with the schedule to be able to prepare an estimate of Correctional Facilities Impact Fees that must be paid prior to obtaining a building permit for their development project. Section 74-309. Special Requirements for Fire Impact Fee C. Limitation on Applicability Overview This section of the Ordinance places limitations on the implementation of the Fire Impact Fee such that the Fire Impact Fee will be assessed only on developments within the Isles of Capri Fire District and the Ochopee Fire District within Collier County, the boundaries of which are described in this section of the Ordinance. Staff I Applicant Actions Staff will assess Fire Impact Fees in accordance v~ith the Fire Districts described in this Section of the Ordinance. The County will use funds generated from Fire Impact Fees only for off-site improvements to fire facilities within the same Fire Impact Fee where the development is located. High-rise developments will be interpreted to mean developments of three or more stories. F. Impact Fee Rates Overview This section of the Ordinance adopts the Fire Impact Fee Rate Schedule included as Schedule Seven in Appendix A of the Ordinance and imposes the impact fees of the schedule on all new development, according to the appropriate land use category, as required by the Consolidated Impact Fee Ordinance. Tindale-Ofiver and Associates, Inc. May 31, 2001 56 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 Staff / Applicant Actions Staff will use the Fire Impact Fee Rate Schedule referenced in this section of the Ordinance to assess Fire Impact Fees. Development applicants may wish to familiarize themselves with the schedule to be able to prepare an estimate of Fire Impact Fees that must be paid prior to obtaining a building permit for their development project, Tindale-Oliver and Associates, Inc. May 31, 2001 57 Collier County Consolidated Impact Fee Administrative Procedures Manual ARTICLE IV - AFFORDABLE HOUSING IMPACT FEE WAIVER OR DEFERRAL Section 74-401. Impact Fee Waiver or Deferral 16 20 Overview This section of the Consolidated Impact Fee Ordinance establishes the conditions under which the County may waive or defer impact fees for new owner-occupied or rental developments that qualify as affordable housing. This topic is introduced in Section 74- 201 .E. of the Ordinance and this Administrative Procedures Manual. In that section, it is noted that the applicant or owner will initiate the process of an affordable housing waiver or deferral by completing and submitting an application to the County Manager's office. Details of the process are provided below, and Figure 6 outlines the basic steps involved with processing a waiver or deferral of impact fees under the SHIP Program. Staff / Applicant Actions The applicant/owner seeking an Affordable Housing Waiver or Deferral of Impact Fees must file a completed SHIP Impact Fee Waiver / Deferral Application package with the County Manager. All forms in the package must be completed and returned to the SHIP Coordinator in the County's Department of Housing and Urban Improvement for review. A copy of the application package is included in this Manual as Exhibit 1 of Appendix J. If the application package is deficient, it will be mailed to the applicant with a letter identifying the deficiencies that need to be corrected before the review can be completed by the Department of Housing and Urban Improvement. It is imperative that all information in the package be completed, as this information is used by the Department of Housing and Urban Improvement to determine the level of assistance that will be available to the applicant/owner. Once the application package is sufficiently completed, the SHIP Coordinator will send letters and impa~ct_fee _calculation worksheets to both the homebuilder and the mqrtgage company or bank providing the financing. Both of these parties will perform a calculation of the applicable impact fees and return the calculation to the Ship Coordinator. Samples of these letters and worksheets are included as Exhibit 2 of Tindale-Oliver and Associates, Inc. May 31, 2001 58 Collier County Consolidated Impact Fee Administrative Procedures Manual Figure 6 Z 6 ,~ 2 0 Ship Program Impact Fee Credit/Waiver For Single Family Residential Document Deficiencies Applicant Applies for Start '~ Building Permit Receive Impact Fee i v~lrie Applicant Provides All Waiver/Deferral Missing Information, Application Including Permit # Review Application; Apphcabon Determine Level of Assistance No llication Deficiencies? No ,, C re ate Appropriate WaivedDeferral Agreement County Manager Reviews and Signs off on Agreement ~- Agreement is Recorded in Records of L c°luer,c°unty i Applicant;'!: Plans Agreement Single Copy Reviewer Family Provides of to Agreement Types * 100% Waiver * 75% Deferral * 50% Waiver, 50% Deferral J, Applicant NotifiedDeficiencies ~ of ~ i Il[ MS ~rn'bd'L/Impact g aL;ett~°tr~ ~aU~ ~ eJ it&h Fee Form Calculation ~-' ~~e~- -~ A ,Rev,'e.w Imp.a~ ._ ~ [ Impact Fee ! I L;a~cu~auons et uu~laer ~ I Ca cu at on I I Bank; Perform Verifying L ' I l Calculation and Send to , I ' /Impact Fee Coordinator l Calculation / ~mpact Fee Coordinator ~ Verifies and Adjusts ~ Calculation, as ....... F Appropriate L I Impact Fee Coordinator Sends Verified I Calculation Back to Ship Program 59 [G :]07312.00/DocslM anual/Figure 6 16 20 Appendix J. Upon the return of these items to the Department of Housing and Urban Improvement, the SHIP Coordinator wil'l also perform a calculation of impact fees due. The SHIP Coordinator will send these calculations to the County Impact Fee Coordinator for review, verification, and modification, as appropriate. When completed, the verification or modification will be sent back to the SHIP Coordinator for a final review. While the above review process is taking place, the applicant/owner should also be completing his Building Permit Application Package to obtain a building permit. Two sets of criteria will be reviewed, depending on whether the dwelling units will be owner-occupied or offered for rent. There are four criteria that must be met for an owner-occupied dwelling unit to qualify for an affordable housing impact fee waiver or deferral. These criteria are listed in Article IV, Section 74-401.A. of the Consolidated Impact Fee Ordinance. On the other hand, there are two criteria that must be met for a dwelling unit offered for rent to qualify for an affordable housing impact fee waiver or deferral. These criteria are listed in Article IV, Section 74-401.B. of the Consolidated Impact Fee Ordinance. If the Housing and Urban Improvement Department deems that the proposed development meets the requirements for an affordable housing waiver or deferral, the SHIP Coordinator will develop the appropriate Affordable Housing Impact Fee Waiver or Deferral Agreement. The County Manager will enter into the impact fee waiver or deferral agreement, as appropriate, with the owner or applicant. The minimum requirements and provisions of the Agreement are detailed in Section 74-401.H. of the Ordinance. These include topics such as the affordable housing waiver or deferral eligibility period, eligibility for third parties through the sale of a house for which impact fee waivers or deferrals were granted, and continued eligibility (after the actual waiver or deferral has been issued). Further provisions and limitations to an Affordable Housing Impact Fee Waiver or Deferral Agreement are listed in Sections 74-401 .I. through M. Tindale-Oliver and Associates, Inc. May 3~, 200~ 6O Collier County Consolidated Impact Fee Administrative Procedures Manual Section 74-402. Affordable Housing Definitions, Benefit Standards, and Limitations Overview As discussed abQve, 16 20 the SHIP Coordinator will develop the appropriate Affordable Housing Impact Fee Waiver or Deferral Agreement for the applicant. Essentially, the type of Agreement developed will be determined by income criteria, as established by Section 74-402. of the Consolidated Impact Fee Ordinance. Staff / Applicant Actions To determine eligibility for impact fee waivers and deferrals, the Housing and Urban Improvement Staff must be familiar with the applicable definitions and benefit standards. The definitions of "affordable" and "affordable housing income groups" (i.e., very Iow income families, Iow income.families, moderate income families) are listed in Section 74- 402 of the Ordinance. The benefit standards, which establish the percentage of the impact fee that may be waived or deferred, are also listed in that section of the Ordinance. The benefit standards correlate to the four types of Affordable Housing Impact Fee Waiver or Deferral Agreements that are available, which include: · 100% Impact Fee Waiver; · 50% Impact Fee Deferral and 50% Impact Fee Waiver; · 75% Impact Fee Deferral; · and 100% Impact Fee Waiver for homes constructed and owned by Habitat for Humanity of Collier County. Samples of each of the above Agreements are included in this Administrative Procedures Manual as Exhibits 3 through 6 of Appendix J. To finalize the Impact Fee Waiver or Deferral Agreement, the applicant/owner wilt sign theAgreemenL the Agreement wi!! be notarized, and the County Manager will approve and sign the Agreement. The Agreement is then recorded in the Official Records of Collier County, with a recorded copy of the Agreement mailed to the homebuilder. The homebuilder will present the recorded copy of the Agreement at the Permit Pick-up Section to obtain his building permit. Tindale-Oliver and Associates, Inc. May 31, 2001 Collier County Consolidated Impact Fee Administrative Procedures Manual v_ 16A20 Article V of the Consolidated Impact Fee Ordinance discusses miscellaneous provisions of the Ordinance, several of which are purely administrative and legal issues of the Ordinance and do not require any actions by County staff for the implementation of the County's impact fee program. Such issues include Section 3.04. - Declaration of Exclusion from Administrative Procedures Actl Section 3.05. - Inclusion in code of Laws and Ordinances; Section 3.06. - Severabilityl and Section 3.07. - Effective Date. The remaining sections of Article III are discussed below. Section 74-501. Collection of Impact Fees in Default Overview This section of the Ordinance presents the provisions by which the County will collect impact fees in the event that the fees were not paid prior to the issuance of a building permit. Staff I Applicant Actions When impact fees are not paid prior to the issuance of a building permit, County staff will issue a "Notice of Impact Fee Statement" to both the development applicant and the property owner. The Notice will be sent to the applicant at the address listed on the building permit application and to the owner at the address listed in the County Property Appraiser's records. Both Notices must be sent via certified mail, with return receipt requested. Staff will also attach a copy of the Notice to the building permit posted at the development site if the project is under construction. The information to be included in the Notice is listed in Section 74-501 .A. of the Ordinance. If the payment for impact fees has not been received within 30 days and a request for a review hearing, pursuant to Section 74-501. of the Ordinance, has not been received, County staff will consider the impact fees as delinquent. If this occurs, staff will serve a "Notice of Lien" upon the development applicant and the property owner (at the same Tindale-Oliver and Associates, Inc. May 31, 200~ 62 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 locations described above). Upon becoming delinquent, a delinquency fee of ten percent of the impact fee imposed will be assessed by the County. Interest will be applied to the total of the impact fees due and the delinquency fee, as detailed in Section 74-501. of the Ordinance. In the event that a lien is placed on the property for delinquency, County staff will contact the County Attorney's office, which will file a Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of Collier County. The County Attorney's office will then proceed to collect, foreclose, or otherwise enforce the lien. Further details relating to the alternative collection method and the placement of liens are included in Section 74-501. of the Ordinance and should be reviewed closely by County staff involved with these procedures. Section 74-502. Update Requirement Overview This section of the Ordinance requires that the Consolidated Impact Fee Ordinance and the impact fee studies for each public service impact fee (listed in Section 1.06) be reviewed at least every three years. Staff / Applicant Actions These reviews provide the opportunity to evaluate and revise, as necessary, the impact fee calculations in impact fee rate schedules discussed in Section 74-201. of the Ordinance. This will help to ensure that the fee calculations do not exceed the reasonably anticipated costs associated with the improvements and additions necessary to offset the demand generated by developments on the County's public facilities. The Impact Fee Coordinator and his staff should participate in these reviews, given their routine involvement with the implementation of the impact fee program. The general requirements of these reviews are highlighted in Section 74-502 of the Ordinance. Tindale-Oliver and Associates, Inc. May 31, 200~ 63 Collier County Consolidated Impact Fee Administrative Procedures Manual Section 74-503. incorporation of Administrative Procedures Manual Overview This Section of the Consolidated Impact Fee Ordinance 16 20 establishes that this Administrative Procedures Manual is incorporated into the Ordinance, except to the extent that the Manual conflicts or varies the terms of the Ordinance. Staff / Applicant Actions Staff and development applicants should be aware that this Administrative Procedures Manual is made part of the Consolidated Impact Fee Ordinance by reference. Section 74-504. Declaration of Exclusion from Administrative Procedures Act Overview This section of the Consolidated Impact Fee Ordinance establishes that neither the County, nor the municipalities and districts within the County, shall be subject to the Application of the Administrative Procedures Act in Chapter 120 of the Florida Statutes. Staff I Applicant Actions No actions are required by County Staff or the applicant regarding this section. Tindale-Oliver and Associates, Inc. May 31, 200~ 64 Collier County Consolidated Impact Fee Administrative Procedures Manual APPENDICES FOR IMPACT FEE RATE SCHEDULES AND DISTRICT BOUNDARIES - SECTION TWO ! 6 20 Overview This section of the Ordinance establishes that the impact fee schedules and the Road Impact Fee District Boundaries referenced in Sections 74-201.B. and 74-302.E., respectively, are included as appendices to the Ordinance and are made part of the Ordinance. Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. However, Staff will use the impact fee rate schedules included in the appendices of the Consolidated Impact Fee Ordinance to determine applicable impact fees due for development applicants, as discussed in Section 74-201. of Ordinance and should be familiar with the Road Impact Fee District Boundaries to ensure proper imposition of the Road Impact Fee. Tindale-Oliver and Associates, Inc. May 31, 2001 65 Collier County Consolidated Impact Fee Administrative Procedures Manual CONFLICT AND SEVERABILITY - SECTION THREE 1 6 20 Overview This section of the Consolidated Impact Fee Ordinance establishes that if a portion of the Ordinance is found unconstitutional or invalid, all remaining sections will remain in full force and effect and be valid. It also establishes that if the County is found by a court to not possess the power or authority to impose impact fees within the municipal areas of the County or such imposition is found to be unconstitutional or invalid, the imposition of impact fees within the unincorporated areas of the County will remain valid and in force. Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. Tindale-Oliver and Associates, Inc. May 31, 2001 66 Collier County Consolidated Impact Fee Administrative Procedures Manual REPEAL OF ORDINANCES - SECTION FOUR 16 20 Overview This section of the Consolidated impact Fee Ordinance repeals and supercedes the prior Collier County impact fee ordinances. Staff / Applicant Actions No actions are required by County Staff or the applicant regarding this section. Tindale-Oliver and Associates, Inc. May 31, 2001 67 Collier County Consolidated Impact Fee Administrative Procedures Manual INCLUSION IN CODE OF LAWS AND ORDINANCES - SECTION FIVE 16 20 Overview This section of the Consolidated Impact Fee Ordinance establishes that the provisions of the Ordinance will become a part of the Code of Laws and Ordinances of Collier County. Staff I Applicant Actions No actions are required by County Staff or the applicant regarding this section. Tindale-Oliver and Associates, Inc. May 31, 2001 68 Collier County Consolidated Impact Fee Administrative Procedures Manual EFFECTIVE DATE - SECTION SIX Overview 1 6~ 20 This section of the Consolidated Impact Fee Ordinance establishes the effective date of the Ordinance as March 19, 2001, when it was filed with the Department of State. Staff I Applicant Actions No actions are required by County Staff or the applicant regarding this section. G:\O7312~docs\admniprocman~FINAL REPORT. doc Tindale-Oliver and Associates, Inc. May 31, 2001 69 Collier County Consolidated Impact Fee Administrative Procedures Manual 16~20 Appendix A Collier County Consolidated Impact Fee Ordinance Ordinance No. 2001-13 co U . COU.TY ORDINANCE NO. 2001 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA; PROVIDING FOR A SHORT TITLE, AUTHORITY, APPLICABILITY, FINDINGS, PURPOSE, ADOPTION OF IMPACT FEE STUDIES' RULES OF 1 6j~i[ 20 CONSTRUCTION AND GENERAL DEFINITIONS; PROVIDING FOR IMPOSITION OF IMPACT FEES, INCLUDING GENERAL REQUIREMENTS, IMPACT FEE RATES, IMPOSITION OF IMPACT FEES BASED ON CHANGES IN SIZE AND USE OF A BUILDING OR DWELLING UNIT, EXEMPTIONS FROM IMPACT FEES, PROVIDING GENERALLY FOR WAIVER AND DEFERRAL OF IMPACT FEES FOR AFFORDABLE HOUSING, AND FOR REIMBURSEMENT OF CERTAIN DEFERRED OR WAIVED FEES; PROVIDING FOR THE PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR USE OF FUNDS, INCLUDING PROVIDING FOR SEPARATE IMPACT FEE TRUST FUNDS AND THE USE OF IMPACT FEES COLLECTED; PROVIDING FOR ALTERNATIVE IMPACT FEE CALCULATION PROCEDURES; ..PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT PROCEDURES; pROVIDING FOR SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES, INCLUDING AN OVERVIEW, AND SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY, PAYMENT, USE OF FUNDS, AND IMPACT FEE RATES, AND ESTABLISHING OR REAFFIRMING IMPACT FEE DISTRICTS, AS APPLICABLE, FOR: ROAD, WATER AND SEWER, PARKS AND RECREATIONAL, LIBRARY, EMERGENCY MEDICAL SERVICES, EDUCATIONAL, CORRECTIONAL AND FIRE FACILITIES IMPACT FEES; PROVIDING FOR AFFORDABLE HOUSING IMPACT FEE WAIVERS OR DEFERRALS, INCLUDING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS; PROVIDING FOR COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR PERIODIC REVIEW AND UPDATE; PROVIDING FOR INCORPORATION OF ADMINISTRATIVE PROCEDURES MANUAL; PROVIDING FoR . DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SCHEDULES & DISTRICT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT.AND SEVERABILITY; PROVIDING FOR REPEAL OF SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that reads as follows: ARTICLE I GENERAL Section~?4-1 through?4-99. Reserved. Section 74-100. Repeal of Ordinances. .. . . On the effective date of this Ordinance the following Collier County Ordioar~ce~.were repealed and superceded in their entirety: Number 98-69, as amende~''t'he Collier County Regional Water and/or Wastewater Systems Impact Fee Ordinance; Ordinance 99-39, the Collier County Parks No, 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Ordinance No. and Recreational Facilities Impact Fee Ordinance; Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Ordinance No. 92-33, as amended, the Collier County Educational Facilities Syslem Impact Fee Ordinance; and Collier County Ordinance No. 99-52, as amended, the Collier County Correctional Facilities Ordinance; and Collier County Ordinance No. 98-30, The Isles of Capri and Ochopee Fire Impact Fee Ordinance. 1 6A20 Section 74-101. Short Title. This chapter shall be known and may be cited as the "Collier County Consolidated Impact Fee Ordinance" or the "Collier County Impact Fee Regulations." Section 74-102. Authority. The Board has authority to adopt this chapter pursuant to its home rule powers under Article VIII, Section l(f), of the Florida Constitution, Chapter 125, Florida Statutes, Chapter 163, 15art II, Florida Statutes, and the County's Comprehensive Land Use Rlan. Section 74-103. Applicability. This chapter shall apply to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section l(f) of the Florida Constitution and as described herein or in any intergovernmental or interlocal agreements. Section 74-104. Findings. It is hereby ascertained, determined and declared: A. The Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities and services. B. Development necessitates additional specified Public Facilities and such Development must contribute its fair share toward the costs of funding improvements and additions to such specified Public Facilities. C. Implementation of the Impact Fee to require future Development to contribute its fair share of the cost of improvements and additions to the specified Public Facilities is an integral and vital element of the regulatory plan of growth management by the County. D. The level of service standards for the Public Facilities as adopted in the Collier County Comprehensive Plan, and as may hereafter be amended from time to time, are controlling upon this chapter and are incorporated throughout this chapter. E; Capital planning is an evolving process and the level of service stand~ for the Public Facilities constitutes a projection of anticipated need for Public Facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the Board that the level of service standards for the Public Facilities and the Impact Fee imposed should be reviewed and adjusted periodically, pursuant to Section 74-502 herein, to try to insure that the Impact Fees are Imposed equitably and lawfully and are based upon actual and anticipated growth at the time of their imposition. · . 16/120 - F. The imposition of the Impact Fee is to provide a source of revenue to fund the construction or improvement of the Public Facilities necessitated by growth. G. The Board finds that the specified Public Facilities benefit all residents of the County and, therefore, the Impact Fee shall be imposed in all areas of the County, including throughout the unincorporated area and also within municipal boundaries to the extent,specified in this chapter. H. This chapter is not intended to, and shall not be construed to, permit the collection of Impact Fees from Development in excess of the amount reasonably anticipated to offset the reasonably allocated demand on each of the specified Public Facilities generated by the respective Development. I. All improvements and additions to the specified Public Facilities needed to eliminate any deficiency between the existing level of service of the specified Public Facilities and the adopted level of service standards, shall be funded by revenues other than Impact Fees. Therefore, the revenue dedved from the Impact Fee shall be utilized only for capital improvements and additions to the Public Facilities which are reasonably determined to be caused by the impacts of new Development. Section 74-105. Purpose. It is the purpose of this chapter (1) to plan for the necessary capacity expansion of the Public Facilities; (2) to provide for the health, safety, welfare and economic well- being of the residents of, and visitors to, Collier County consistent with the mandated responsibility of the County pursuant to Section 163.3161, e_.t seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, and Section 125.01 et seq., Florida Statutes; (3) to implement and be consistent with the Collier County Comprehensive Plan and the Florida Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161, et seq., Florida Statutes; (4) to require all Development that places additional demand on the Public Facilities to contribute its proportionate share of the funds, land or Public Facilities to accommodate any impacts having a rational nexus to the proposed Development and for which the need is reasonably attributable to the proposed Development; and (5) to ensure that no funds, land or Public Facilities are collected from new Development in excess of the actual amount reasonably determined necessary to offset the demand on the Public Facilities generated by new Development. This chapter is intended to be consistent with the principles applied to allocate a fair share of the cost of new Public Facilities to new users and new Development as established in Florida Statutes or applicable Judicial decisions, or both. Section 74-106. Adoption of Impact Fee Studies. The Board hereby adopts and_ ..... incorporates by reference the following studies with regard to the respective Public Facilities: A. Transportation Facilities: "Collier County Transportation I~npact Fee - 1991 Update Study" dated April 1992 prepared by Tindale-Oliver & Associates, Inc., as supplemented by "Collier County 1999 Transportation Impact Fee - Update Study (January 14, 2000)" prepared by Tindale-Oliver & Associates, Inc.; -- .~ 16 20 B. Water and Sewer Facilities: "Collier County Growth Management Plan," as amended (February, 1991); "The Water Master Plan Update" prepared by Camp, Dresser & McKee, Inc. (1996), as amended; "The 201 Facilities Plan Update" prepared by Camp, Dresser & McKee, Inc. (1997), as amended; "Water & Sewer Impact Fee Study" prepared by Agnoli, Barber & Brundage, Inc. (1997), as amended; C. Parks and Recreational Facilities: "Impact Fees for Parks and Recreational Facilities for Collier County, Florida," prepared by Henderson, Young & Company (March 18, 1999); D. Library Facilities: "Library Facilities and Items Development Impact Fee Update Study,' Collier County, Florida," prepared by Growth Management Specialists, Inc. (June 27, 2000); E. Emergency Medical Services: ,'Emergency Medical Services Development Impact Fee Updated Study, Collier County, Florida," prepared by Growth Management Analysts, Inc. (June 27, 2000); .F. Educational Facilities: "Impact Fees for Educational Facilities in Collier County, Florida," prepared by Henderson, Young & Company (May 13, 1992), as amended, and the "Collier County School Board 5-Year Capital Outlay Summary"; G. Correctional Facilities: "Rate Study for Impact Fees for Correctional Facilities for Collier County, Florida," prepared by Henderson, Young & Company (April 26, 1999), as amended; and H. Fire Facilities: "Isle of Capri Fire District and Ochopee Fire District Fire Impact Fee Study dated July 30, 1997," prepared by Fishkind & Associates, Inc. (July 30, 1997), as amended. The foregoing studies are hereby adopted in their entirety, as well as any upda:tes or supplements thereto, including the assumptions, conclusions and findings in such studies and their amendments. Section 74-107. Rules of Construction. For the purposes .of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply: A. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control. B. The word "shall" is always mandatory and not discretionary and the word "may" is always permissive. C. Words used In the present tense shall Include the future; words used in the singular shall Include the plural and the plural, the singular, unless the context clearly Indicates no such Intention; and use of the masculine gender shall include the feminine gender, D. The phrase "used for~ includes "arranged for," "designed for," "maintained for," or "occupied for." E. Unless the context clearly Indicated the contrary, where a regulation involves two or more Items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows: 4 16 20 1. "And" means that all the connected terms, conditions, provisions or events shall apply. 2. ,,Or" means that the connected items, conditions, provisions or events shall apply singly or in any combination. 3. ,,Either...or" means that the connected items, conditions, provisions or events shall apply singly but not in combination. 4. ,,And/or" means the referenced items, conditions, provisions or events may apply wholly independently of one another, or in combination. 5. The word "includes" shall not limit a term to the specific example(s) but is intended to extend its meaning to all other instances or circumstances of like kind or character. F. "Person who" means "entity that" if the Person is not an adult individual. G. Time Periods, calculation of: All time periods throughout this Chapter shall be calculated on a day-by-day basis, including Saturdays, Sundays and holidays. The date of receipt of any "notice" or the date of the Board's decision shall be excluded from the calculation and in the event that the controlling due date falls on a Saturday, Sunday or a legal holiday, the due date shall automatically be extended to 5:00 p.m. of the County's next business day. H. In the event of a conflict between the General Definitions section and the adopted Impact Fee Rate Schedules, the Rate Schedules shall control. Section 74-108. General Definitions. When used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Terms contained in Article III or the Rate Schedules supercede these general definitions to the extent 'of any conflict(s). ,,Access Improvements" shall mean improvements designed and constructed to provide safe and adequate ingress and/or egress to and/or from the respective Development, which include, but are not limited to, rights-of-way, easements, paving of adjacent or connecting roadways, turn lanes, deceleration and/or acceleration lanes, traffic control devices, signage and markings, drainage facilities, and utility facilities. An access improvement is a site related improvement. ,,Accessory Building or Structure" shall mean a detached, subordinate structure, the use of which is clearly indicated and related to the use of the principal Building or use of the land and which is located on the same lot as the principal Building. Plumbing in the Accessory building or structure may render same to be subject to water and/or sewer Impact Fees. ,,Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF)" shall mean facilities that consist of one or more (not limited to multi-'unit buildings) multi- unit buildings designed for elderly living. They may also contain dining rooms, medical facilities, and recreational facilities. The primary characteristics that distinguish ACLF's from Nursing Homes is the ability of the residents to care for themselves. ACLF's may · include private homes, boarding homes and other places that undertake to provide, for 1b 20 a period exceeding twenty-four (24) hours at a time, food and other personal services for four or more adults not related to the owner, who require such services and may provide limited nursing services, when specifically licensed to do so pursuant to section 400.407, Florida Statutes. "Adults Only Community" shall mean a community or development in which the residents can only be above the age of eighteen years and is evidenced by recorded permanent age restrictions which cannot be changed by a simple vote of the residents. ,,Affordable Housing" shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standards set forth and established in Article IV of this chapter. ,,Agriculture" shall mean a land use resulting in products that require little or no processing after the production or harvest stage in order to ready the product for sale, including but not limited to produce, fruits, trees, shrubs, ornamental plants, honey and nuts. ,. "Alteration" shall mean any change in size, shape, occupancy, character, or use of a building or structure. "Alternative Impact Fee" shall mean any reduction in Impact Fee approved by the County Manager pursuant to Section 74-204. ',Applicant" shall mean the Person who applies for a Building Permit, Development Order, Development Permit, or other approval, permission or authorization for Development. "Appraisal" shall mean a real estate appraisal prepared in accordance with the "Uniform Standards of Professional Appraisal Practice" (published by the Appraisal Standards Board of The Appraisal Foundation) by an MAI-certified appraiser authorized to practice in the State of Florida. "Auto Repair/Body Shop/Automobile Care Center" shall mean an establishment that houses numerous businesses that provide automobile related services, such as repair and servicing, stereo installation, and seat covering upholstering. "Average Trip Length/Trip Length" shall mean the average daily trip length for the applicable Trip generation Land Use Category on the Collector or Arterial road system. "Bank/Savings (drive-thru)" shall mean drive-in banks which provide banking facilities for the motorist while in a vehicle and may also serve patrons who walk into the building. The drive-in lanes may or may not provide automatic teller machines. "Bank/Savings (walk-in)" shall mean free-standing buildings with their own parking lots and which do not have drive-in windows. These banks' may or may not contain automatic teller machines (ATMs). "Bar/Lounge" shall mean a drinking place thai contains a bar where alcoholic beverages are served or consumed, and possibly provides some type of entertainment such as music, television screens, video games, or pool tables. 16 20 "Board" shall mean the Board of County Commissioners of Collier County, Florida, including when acting in an ex-officio capacity. ,,Building" shall mean any tangible thing, with or without walls, constructed on the site, installed on the site, or placed on the site, to support, shelter or enclose Persons and/or support, shelter or enclose tangible property, and the use of the "Building'; is deemed Io create demand upon, or increase demand upon, one or more of the specified Public Facilities. "Building" includes parking lots and other foundations, permanent and semi-permanent tents, sheds, trailers, mobile homes, and vehicles that shall in any way function as a Building. Except in regard to water and/or sewer Impact Fees, "Building" excludes temporary construction sheds that are to be used temporarily to assist in construction at the site. "Building" excludes tents erected for less than approximately sixty (60) days for the temporary selling of seasonal items such as Christmas trees or Fourth of July fireworks. "Building" includes additions to a Building, such as adding a new room, or enlargement of a then existing room. ,. ,,Building Permit" shall mean an official document issued by the County which authorizes the construction or installation of a Building on the site, including, but not limited to, by construction or installation occurring on the site and including, but not limited to, an item that is complete or substantially complete prior to its being placed on the site, such as a manufactured home or a communications tower that was substantially constructed elsewhere. For purposes of this chapter, "Building Permit" shall include tie-down permits for Buildings, such as for a mobile home, or other approvals that do not require any other type of permit before the respective item may lawfully be occupied, used or operated. "Building Permit" when used in the context of the use of land (or water) and in situations where a typical, conventional permit is not issued by the County for the respective improvement or use, such as for a golf course, means whatever is the last written approval or permission issued by the County to authorize the respective improvement. ,,Business Park': shall mean a group of flex-type or incubator one or two-story buildings served by a common roadWay system. The tenant space is flexible and lends itself to a variety of uses; a garage door usually serves the rear side of the building. Tenants may be start-up companies or small mature companies that require a variety of spaces. The space may include offices; retail and wholesale stores; restaurants; recreational areas; and warehousing, manufacturing, light industrial, or scientific research functions. The average mix is 20 to 30 percent office/commercial and 70 to 80 percent industrial/warehousing. ,,Car Dealerships/New & Used Auto Sates" shall mean a land use providing for automobile mechanical services, automobile body repair, parts and sales. Used car sales, leasing options and truck sales and servicing may also be available. ,,Church" shall mean an institution that people regularly attend to participate in or hold religious services and other related religious activities. Other religious activities that may be conducted by churches or places of religious worship include on-site child · care for use during religious services, and studies involving religious instruction, but 7 16 20 occum first, shall not include schools, temporary or permanent dwellings, or other activities not directly related to religious practices. ,,Collier County Water-Sewer District" shall mean a political subdivision of the State of Florida, whose governing body is Ex-Officio The Board of County Commissioners of Collier County, Florida. "COllier County Water-Sewer District Meter Size" shall mean the water meter size as determined pursuant to any County ordinance. ,,Comprehensive Plan" shall mean the Comprehensive Plan of the County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Act as contained in Part II of Chapter 163, Florida Statutes, or its successor in function. · ,Condominium" shall mean a single-family or time-sharing ownership unit that has at least one other similar unit within the same building structure. The term Condominium includes all fee simple or title multi-unit structures, including townhouses and duplexes. ,,Contribution" shall mean the actual construction, installation or improvement of a Public Facility or portion thereof or addition thereto for the benefit of the County, such as a road or a sewer or water facility. ,,Convenience Store" shall mean a store open a minimum of 15 hours per day and which sells convenience foods, newspapers, magazines and often beer and wine and does not have gasoline pumps. · ,Convenience Store with Gas Pumps" shall mean convenience store which sells gasoline, convenience foods, newspapers, magazines, and often beer and wine. This land use includes convenience markets with gasoline pumps where the primary business is the selling of convenience items, not the fueling of motor vehicles. This includes a service station with a convenience store that sells gasoline and convenience store items, with or without a car wash. ,,County" shall mean Collier County, a political subdivision of the State of Florida, and shall include any Utility District and any other County Dependent District that now or hereafter assesses any Impact Fee. ,,County Attorney" shall mean the individual appointed by the Board of County Commissioners to serve as its counsel, or the designee of such Attorney. ,,County Manager" shall mean the chief administrative officer of the County, appointed by the Board of County Commissioners, or the designee of such officer. ,,Date of Value" shall mean, for purposes of determining a developer contribution credit, the market value of the contribution as of the date of the contribution; date of commencement of construction; date of land. dedication; or, for dedications, the day before the development order approval (zoning' amendment, site plan approval, PUD approval, or other development order approval) wherein the contribution, construction or land dedication was proffered or required; whichever ! 6 ,20 -Day Care" shall mean an establishment which provides for the care, protection, and supervision of at least three (3) children for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance wilh his individual needs, and for which a payment, fee or grant is made for care. The facility generally includes classrooms, offices, eating areas, and a playground. The definition includes such terms as day nurseries, day care service, day care agency, nursery school, or play school. The term does not include summer camps or family day care homes. · 'Dedication" shall mean the conveyance or donation of land or an interest in land to the County. -Development" shall mean any installation, siting, construction, use of land, or other activity or improvement, or any additional square footage (area) of a then existing Building or use, or any net increase in the size or use of a then existing Building or land, in a manner that is deemed to increase the demand for, or impact upon, any Public Facility. -Duplex" shall mean a single, free-standing, conventional Building on a.single lot which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership. For the purpose of this chapter and assessment of impact fees a duplex will be considered under the definition of Condominium. A duplex may also be referred to as a Single-family attached dwelling. Please refer to definition of Condominium. "Dwelling Unit" shall mean a Building or portion of a Building designated for or whose .primary purpose is for residential occupancy, and which consists of one Or more rooms which are arranged, designed or used as living quarters for one or more persons. A Dwelling Unit must contain, as an integral part therein, sleeping quarters, toilet/bathing facilities and a primary kitchen. ,,Elementary School" shall mean a school typically serving students attending kindergarten through the fifth or sixth grade. Elementary schools are usually centrally located in residential communities in order to facilitate student access, and they have no student drivers. This land use consists of public schools where bus .service is usually provided to students living beyond a specified distance from the school. "Encumbered" shall mean monies committed by law, contract or purchase order, or any impact fees pledged for bond repayment, or otherwise pledged or committed in a manner that obligates lhe County to expend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property provided by a vendor, supplier, contractor, or Owner. "Equivalent Residential Connection (ERC)" shall mean, v~ith regard to water and sewer service, the equivalent gallonage usage requirements of a single-family residential customer. For the purposes of this chapter an ERC will have an assigned value of 1.O. The ERC gallonage shall be based upon slatlstical data accepted by the County establishing an average residential use and it is recognized that the usage for ! 6A20 some types of residential units may be greater or smaller than the average assumed for this calculation and the ERC may change from time to time based upon the rates calculated in the most recent Impact Fee Study. ,,External Trips" shall mean any trip, which either has its origins from, or its destination to the Development and which impacts the Transportation Network. ,,Florida Local Government Development Agreement Act" shall mean the provisions of Sections 613.3220--163.3243, Florida Statutes, as amended or supplemented, or its successor in function. Developer Contribution Agreements shall nol be characterized as a development agreement under this act. ,,Functional Resident Population" shall mean the number of full-time equivalent people in a geographic area or site. Such populations can be measured on a 24-hour basis (24 hours each day, seven days each week) or on a daytime basis (16 hours each day, seven days each week). Functional residents allow one to (a) measure the level of service on an area-wide basis and/or (b) estimate demands for facilities generated by a particular land use. ,,General Industrial/Industrial" shall mean a use for the purpose of basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use for the purpose of the storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions; also a use for the purpose of the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. · ,Golf Course" shall mean the geographic area designed and/or used for playing the game of golf, including fairways, greens, tees, and clubhouse with or without bar and banquet facilities. ,,Government/Public Building" shall mean a local, state and/or federally owned or leased and operated government facility. · ,Guesthouse or Cottage" shall mean a dwelling unit which might or might not include cooking facilities, which is incorporated, attached to, or detached from a principal dwelling; and which is used exclusively for the noncommercial accommodation of friends or relatives of the occupant or the owner of the principal dwelling. The guesthouse/cottage may only be forty percent (40%) of the living area (under air) of the primary dwelling. For the purpose of assessing water and/or sewer impact fees guesthouse or cottage shall be assessed at multi-family rate unless the rate schedule expressly provides otherwise. ,,High School" shall mean a school which serves students ~ho have completed middle school or junior high. · ,High-rise Condominium" shall mean residential condominiums or townhouses that are located in buildings with three or more levels (floors). 10 APPENDIX A SCHEDULE SEVEN 16A20 EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE (CONTINUED) Office 100,001 - 200,000 Sq. Ft. Office 200,001 - 400,000 Sq. Ft. Office greater than 400,000 Sq. Ft. Medical Office Retail ( Gross Leasable Area ): Specialty Retail Retail 50,000 Sq. Ft. or less Retail 50,001 - 100,000 Sq. Ft. Retail 100,001 - 150,000 Sq. Ft. Retail 150,001 -200,000 Sq. Ft. Retail 200,001 - 400,000 Sq. Ft. Retail 400,001 - 600,000 Sq. Ft. Retail 600,001 - 1,000,000 Sq. Ft. Retail over 1,000,000 Sq. Ft. Pharmacy/Drug Store w/Drive-Thru Home Improvement Superstore Quality Restaurant High-Turnover Restaurant Fast Food Rest w/Drive-Thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Convenience Store/Gas/Fast Food Auto Repair Tire Store New and Used Car Sales Self Service Car Wash Bank/Savings Walk-in B ank/S avings Drive-in Industrial: General Industrial Business Park Mini-warehouse $60.00 per 1,000 Sq. Ft. $51.00 per 1,000 Sq. Ft. $47.00 per 1,000 Sq. Ft $104.00 per 1,000 Sq. Ft. $197.00 per 1,000 Sq. Ft. $210.00 per 1,000 Sq. Ft. $197.00 per 1,000 Sq. Ft. $213.00 per 1,000 Sq. Ft. $200.00 per 1,000 Sq. Ft. $173.00 per 1,000 Sq. Ft. $179.00 per 1,000 Sq. Ft. $177.00 per 1,000 Sq. Ft. $156.00 per 1,000 Sq. Ft. $154.00 per 1,000 Sq. Ft. $185.00 per 1,000 Sq. Ft. $528.00 per 1,000 Sq. Ft. $572.00 per 1,000 Sq. Ft. $731.00 per 1,000 Sq. Ft. $162.00 per Fuel Position $75.00 per Service Bay $209.00 per 1,000 Sq. Ft. $319.00 per 1,000 Sq. Ft. $335.00 per Fuel Pump $471.00 per 1,000 Sq. Ft. $260.00 per 1,000 Sq. Ft. $356.00 per Service Bay $141.00 per 1,000 $129.00 per Service Bay $121.00 per 1,000 $106.00 per 1,000 Sq. Ft. Sq. Ft. Sq. Ft. $41.00 per 1,000 Sq. Ft. $98.00 per 1,000 Sq. Ft. $5.00 per 1,000 Sq. Ft. A-10 16 20 -Home improvement Superstore" shall mean freestanding warehouse type facilities with off street parking. Home improvement superstores 9enerally offer a variety of customer services and centralized cashiering, and they specialize in the sale of home improvement merchandise. They typically maintain Ion9 store hours seven days a week. Examples of items sold in these stores include lumber, tools, paint, lighting, wallpaper and paneling, kitchen and bathroom fixtures, lawn equipment, and cjarden plants and accessories. The stores included in this data are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center. Home Improvement Superstores are also sometimes found as separate parcels within a retail complex with their own dedicated parking. The buildings contained in this land use usually range in size from 25,000 to 150,000 square feet of 9ross floor area. Buildin9 materials and lumber store is a related field. · ,Hospital" shall mean a building or group of buildings having facilities for overnight care of one or more human patients, providing services to inpatients and medical care to the sick and injured, or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, and which may include as related facilities: laboratories, outpatient services, training facilities, central service facilities, and staff facilities; provided, however, that any related facility shall be incidental and subordinate to principal hospital or medical center use and operation. ,Hotel~' shall mean a facility offering transient lodging accommodations normally on a daily rate to the general public and typically providing accessory uses, such as: restaurants, meeting moms and recreational facilities. Hotels are different than motels in that each room does not have a separate entry directly from the outside of the building but rather entry is gained through the interior of the building through a' lobby. For the purposes of calculating water and sewer impact fees, a hotel and resort hotel are considered to be non-residential uses. -Impact Fee" shall mean the fee imposed by the County pursuant to Section 74-201 or, if applicable, the Alternative Impact Fee. ,,Impact Fee Rate" shall 'mean the formula or calculation that when applied to the respective Development determines the applicable Impact Fee that results because of the impacts deemed by this chapter to be applicable to the respective Public Facility caused by particular Development. ,,Impact Fee Study" shall mean a report of the findings of research and analysis conducted to develop fees assessed on new development that represent the fair share cost of the expansion of public facility infrastructure made necessary by that new development. The report describes the methodology used to develop the fees and presents the formulas, variables and data used as the basis of the fees. ,,Junior/Community College" shall mean two-year ibnior colleges or community colleges which are generally separated from other land uses and have exclusive access points and parking facilities. 11 ,,Living Area,, shall mean actual square footage which could be air concln~~tj~ 20 or heated spaces contained under roof, or areas under roof, except garages, that are normally protected against exterior elements. ,,Local Government Comprehensive Planning and Land Development Regulation Act!' means the provisions of Chapter 163, Part II, Florida Statutes (1999), as amended or supplemented, or its successor in function. ,,Market Value" shall mean the most probable price for which a given property would sell, given adequate exposure in an open and competitive market, where both buyer and seller were knowledgeable, prudent and acting in their own self interests, With neither party being under undue stimulus to act, nor having an affiliation with one another, where payment is made in terms of cash in United States dollars (or in terms of financial arrangements comparable thereto), and where the price is unaffected by special or creative financing or sales concessions granted by any party associated with the sale. ,. ,,Marina" shall mean a non-residential boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Minor boat, rigging and motor repair which is incidental to the principal marina use is generally permitted, but no boat construction or reconstruction is permitted. A boat sales lot is not a marina. ,,Medical Office" shall mean office space utilized for administering human medical and health related services, including outpatient clinics incidental to such offices. Medical office uses shall include medical doctors, dentists, psych'iatrists, optometrists, osteopaths, chiropractors, naturopaths, nurse practitioners, health maintenance organizations and similar professional and group practices, which are regulated by the State of Florida. · ,Middle School~'' shall mean a school serving students who have completed elementary school and have not yet entered high school. ,,Mini-warehouse" shale mean buildings in which a number of storage 'units or vaults are rented for the storage of goods. Each unit is physically separated from other units, and access is usually provided through an overhead door or other common access point. · ,Mixed Use Development" shall mean a Development in which more than one impact fee land use category is contemplated with each category constituting a separate and identifiable enterprise not subordinate to, or dependent on, other enterprises within the Development. · ,Mobile Home" shall mean a detached dwelling unit with' all of the following characteristics: (a) designed for occupancy and containing sleeping accommodations, a flush toilet, a tub or shower and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation · . after fabrication on streets or highways on its own wheels; and (c) arriving at the site 16 20 where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. Although a travel trailer, recreational vehicle, or park model is not generally considered a mobile home, the applicable Impact Fee in some instances, may be the same as for a mobile home. For the purposes of computing the Impact Fee, a mobile home on a single-family lot (i.e., not located in a mobile home or similar park) shall be considered a Single Family Detached House. ,,Modular Home" shall mean a dwelling unit, constructed as a total entity or in parts of a total entity, which is constructed other than on the Building Site which is then moved to and erected on the Building Site. A mobile home is not considered a modular home unless its maker's name appears on the approved listing of such construction in the State of Florida. For the purposes of computing the Impact Fee, a modular home shall be considered a Single-Family Detached House. .. ,,Motel" shall mean a facility offering transient lodging accommodations normally on a daily basis and at a daily rate for automobile travelers and typically providing parking adjacent to each sleeping room. Accessory uses may be provided, such as: restaurants, meeting rooms and recreational facilities. Motels are different than hotels, in that each motel room has a separate entry directly from the outside of the building while hotel guests gain entry to their room through the interior of the building through a lobby. For the purpose of calculating water and sewer impact fees, a Motel is considered a non-residential use. ,,Movie Theater" shall mean a building with an area of audience seating, single or multiple screens and auditoriums, a lobby, and a refreshment stand. ,,Multiple Family Dwelling Units" shall mean a group of two or more Dwelling Units within a single conventional building, attached side by side or one above the other, or both, and wherein each Dwelling Unit may be individually owned or leased mutually on land which is under common or single ownership. For purposes of determining whether a lot is in multiple family uses, the following considerations shall apply: A. Multiple-Family Dwelling uses may involve Dwelling Units intended to be rented and maintained under central ownership and management, or cooperative apartments. It may include the fee ownership of land beneath each Dwelling Unit following development from a common base of ownership. B. Any Multiple-Family Dwelling in which Dwelling Units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel or hotel, as the case may be. C. For the purpose of calculating water and/or Sewer Impact. Fee, the following shall be considered to be multiple family dwelling units: guesthouse, servants' quarters, in-law apartment, townhouse and adult congregate living facility. ,,Net New Trip" shall mean the average daily External Trip, as adjusted by the . applicable Impact Fee Study. 13 16A20 "Non-Residential" means commercial, motel/hotel, or any other development that does not qualify as "Residential." Nursing homes are considered to be non- residential unless a Rate Schedule expressly provides otherwise. ,,Nursing Home" shall mean a facility whose primary function is to care for persons who are unable to care for themselves, including rest homes (primarily for the aged) and chronic and convalescent homes. · ,Off-site Improvements" shall mean improvements located outside of the boundaries of a Development, except for those Public Facilities that are located within the boundaries of the development that are owned and maintained by the County, which may be required by the County and includes on-site roadways that are part of the five-year Capital Improvement Element or dedicated right-of-way in excess of providing on-site improvements required by local regulations, rules or ordinances. ,,Office" shall mean a building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations. It is a characteristic that retail or wholesale goods are not shown to or delivered from the premises to customers. ,,On-site Transportation Improvements" shall mean, for purposes of contribution credit exclusion, a minimum sixty (60) feet of dedicated right-of-way and sub-base, base and pavement required for two (2) lanes constructed to local standards in an urban configuration. ,,Owner" shall mean the Person(s) who, or that, owns legal title to the real property upon which development is proposed to occur. Owner includes every co- owner; such as property owned in tenancy by the entireties, joint-tenancy, tenants in common, or by more than one trustee. ,,Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust or any other similar entity. An "individual" means a human being. ,,Pharmacy or Drug Store" shall mean retail facilities that primarily sell prescription and non-prescription drugs. These facilities may also sell cosmetics, toiletries, medications, stationary, personal care products, limited food products, and general merchandise. The drug stores in this category may contain drive-through windows. ,,Professional Engineer" shall mean one who is licensed by the State of Florida as a professional engineer. · ,Public Facilities" shall mean the following publicly-owned facilities and services provided by Collier County or pursuant to an interlocal agreement with Collier County: (1) 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 service; and (8) Fire systems, facilities and services. "Publlo Utilities Administrator" shall mean the individual appointed by the Board or the County Manager to supervise the administration, operations and/or 14 ! 6 20 acquisitions of the County's Regional Sewer System and/or Regional Water System, the Goodland Water System, the Collier County Water-Sewer District, and/or any other similar Utility system owned by the County and which now or in the future assesses any Utility Impact Fee. ,,Quick Lube" shall mean a quick lubrication vehicle shop is a business where the primary activity is to pedorm oil change services for vehicles. Other ancillary services provided may include preventative maintenance, such as fluid and filter changes. Automobile repair service is generally not provided. ,,Recreational Vehicle (RV) Park" shall mean a facility for the siting of recreational vehicles, travel trailers, or park models and which may have common facilities such as recreational rooms, swimming pools and laundry facilities. ,,Recreational Vehicle (RV)/Travel Trailer/Park Model" shall mean a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling. Although travel trailer, recreational vehicle or park model is not generally considered a mobile home, the applicable Impact Fee in some instances may be the same as for a mobile home. "Regional Sewer Systems" shall mean the wastewater or sewer utility system directly connected to treatment facilities operated by the Collier County Water-Sewer District, or Collier County, or both. "Regional Water Systems" shall mean the potable water utility system directly connected to treatment facilities operated by the Collier County Water-Sewer District, or Collier County, or both. ,,Residential" shall mean Apartments, Condominiums, Duplex Dwellings, Garden Apartment Dwellings, 'Modular Home Dwellings, Multiple-Family Dwellings, Townhouse Dwellings, Mobile Homes, Single-family Attached Houses, Single-Family Detached Houses, Adult Congregate Living Facilities (ACLF), or Assisted Living Facilities (ALF) as that term is defined in Section 400.402, Florida Statutes, unless treated otherwise by the adopted rate schedules. ,,Resort Hotel" shall mean land uses that are similar to hotels in that they provide sleeping accommodations, restaurants, cocktail lounges, retail shops., and guest services. The primary difference is that resort hotels cater to the tourist and vacation business, often providing a variety of recreational facilities, rather than convention and meeting business. Resorl hotels are normally located in suburban or outlying locations on larger sites than conventional hotels. ,,Restaurant (Drive-Thru)" shall mean a land use including fast-food restaurants with drive-through windows. This type of restaurant is characterized by a large carryout clientele; long hours of service (some are open for breakfast, all are open for lunch and dinner, some are open late at night or 24 hours); and high turnover rated for eat-in customers. ,,Restaurant (High Turnover)" shall mean a land use consisting of sit-down eating establishments with turnover rates of approximately one hour or less. This type of restaurant is usually moderately priced and frequently belongs to a restaurant chain. 15 16 20 Generally these restaurants serve lunch and dinner; they may also be open for breakfast and are sometimes open 24 hours a day. Some facilities contained within this land use may also contain a bar for serving food and alcoholic drinks. ,,Restaurant (Low Turnover)" shall mean a land use consisting of eating establishments of high quality and with turnover rates usually of at least one hour or longer. Generally, quality restaurants do not serve breakfast; some do not serve lunch; all serve dinner. Often the restaurants In this land bse are not a chain and reservations are required. ,,Retail" shall mean one or more establishments devoted to selling merchandise goods and products to consumers. -Retirement Home or Community" shall mean one or more dwelling units consisting of apartments, condominiums, or a self-contained village, which is restricted to adults or senior citizens who are self-sufficient They may also contain special services such as medical facilities, dining facilities, and some limited, supporting retail facilities. ,,School" shall mean a facility that provides a curriculum of elementary or secondary academic instruction (kindergartens, elementary, junior high schools and high schools) that meets academic standards as provided by the State of Florida. A public school is one operated by any governmental organization for the benefit of the general public. All other schools are private or commercial schools. ,,Self-Service Car Wash" shall mean a land use that allows the manual cleaning of vehicles by providing stalls for the driver to park and wash the vehicle. ,,Service Station" shall mean a land use generally located at intersections or freeway interchanges and having facilities, such as gas pumps, for fueling' motor vehicles. They may also have facilities for servicing and repairing motor vehicles. This land use includes service stations without convenience stores or car washes. ,,Single-Family Attached House" shall mean a duplex. ,,Single-Family Detached House" shall mean a home on an individual lot or parcel of land intended, designed, used and/or occupied by no more than one family. ,,Site Related Improvements" shall include but not be limited to the construCtion of the driveway connection to a public road, acceleration and deceleration lanes, left-turn and right-turn lanes required for site access, signalization, and signage and striping. If the construction of an off-site access road is required to provide access from an existing paved public roadway to the site, those access improvements Including the dedication of minimum of a sixty (60) foot right-of-way and the configuration shall not be impact fee creditable. Only that portion above sub-base, base and pavement required for two (2) lanes constructed to local standards in an urban and beyond as described in On-Site Transportation Improvements, In Excess of Local Regulations shall be eligible for impact fee credits. ,,Specialty Retail" shall mean small strip shopping centers that contain a variety of retail shops and specialize in quality, apparel; hard goods; and services such as real estate offices, dance studios, florists and small restaurants. ,,Square Footage" shall mean the gross area measured'in feet from faces or exterior walls or other exterior boundaries of the Building, excluding areas within the interior of the building which are utilized for parking. ,,State Highway System" shall mean those facilities in the County as defined by Section 334.03(21), Florida Statutes, or its slatutory successor in function. ,,Supermarket" shall mean a departmentalized self-service retail market, which primarily sells food items, but also may sell household items, personal items and other merchandise. A supermarket is to be distinguished from a grocery store on the basis of scale, being usually 20,000 square feet or larger in size, and the broader mix of goods and services. ,,Tire Store" shall mean a land use primarily involved in the business of sales and marketing of tires for automotive vehicles. Services offered by these stores usually include tire installation and repair, as well as other automotive maintenance or repair services and customer assistance. These stores generally do not contain large storage or warehouse areas. ,,Townhouse" shall mean a group of three (3) or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and each unit is completely separated from any other(s) by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit may or may not be on a separate lot under separate ownership. For the purpose of assessment of impact fees a townhouse will be considered a condominium. Please refer to the definition of condominium. ,,Road Impact Fee District" shall mean one of the eight (8) districts located within the County which are described in Section 74-302 of this chapter. ,,Transportation Network" shall mean the following: (1) the County road system, excluding all local roads; (2) all facilities on the State Highway System located within the County; and (3) all collector roads within the city street system, provided that the improvement of such roads (a) will directly benefit arterial or collector roads within the County, and (b) is first subiect to approval by the County. ,,Trip" shall mean one-way movement of vehicular traffic from an origin to a destination. ,,Trip Generation Land Use Category" shall mean the Trip Generation Land Use Category established in the Trip Generation report published by the Institute of Transportation Engineers and the current edition on the effective date of this chapter, to be superceded by the most current edition of the effective date of any revisions to the relevant Impact Fee Study. ,,Trip Generation or Trip Generator Rate" shall mean the average daily Trip Generation rates for the applicable Trip Generation Land Use CategOry, as adjusted by the relevant Impact Fee Study. ,'University" shall mean four-year and graduate educational institutions. t~e ex~erio~r120 17 16 ,20 · ,Vehicle Miles of Travel (VMT)" shall mean the average new travel added to the road system by the Development, computed by multiplying the New Net Trips generated by Development by the Average Trip Length. ARTICLE II Impact Fees 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 74-309 (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 & Recreational Facilities Impact Fee; Section 74-305 - 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; and Section 74-309 - Special Requirements for Fire Facilities Impact Fee. B. Impact Fee Rates. The Board hereby adopts the Impact Fee Rates incorporated by reference in Sections 74-302 through 74-309, inclusive, and as set forth in Schedules 1 through 8, inclusive, appended hereto as Appendix A, which shall be imposed upon all Development occurring within the County. These rates may be changed from time-to-time by Resolutions of the Board, provided the Board holds a public hearing with regard to the Schedule amendments. C. Change of Size or Use. Impact Fees shall be imposed and calculated for net increase, alteration, expansion, or replacement of a use or a Building, or part of a Building (including Dwelling Unit), and each accessory or non-accessory Building, provided such net increase, alteration, expansion, or replacement of the use, Building, or part thereof or therein, by applying this chapter results in: (1) a net increase in the number of Dwelling Units; (2) a net increase in the size or square footage of a Building; -(3) a net increase in the size of the use; or (4) intensification of the use so as to constitute an expansion of the same use category or result in a change to a higher Impact Fee land use category; or (5) otherwise create additional demand or additional impacts on any of the Public Facilities. The Impact Fee imposed under the applicable' Impact Fee Rate shall be calculated as follows: 1. If the Impact-.Fee is calculated based on land use and not square footage, such as a golf course, the Impact Fee imposed shall be the Impact Fee due under the applicable Impact Fee Rate for the Impact Fee land use category resulting from the alteration, expansion or replacement minus the Impact Fee that would be 18 16 20 imposed under the applicable Impact Fee Rate for the Impact Fee land use category immediately prior to the new alteration, expansion or replacement. 2. In the event only the square footage of a use or Building is increased, the Impact Fee shall be calculated only for the net increased square footage. 3. The Impact Fee imposed for any Accessory Buildings shall be that applicable under the Impact Fee Rate for the land use for the primary Building unless the Accessory Building has its own Impact Fee Rate. 4. If proposed changes to a lawfully existing Building or then permitted use are deemed to create any additional impact on one or more Public Facilities, then the Impact Fee that will be due and payable to the County for such proposed changes will be the monetary difference between any previously paid and applicable Impact Fees and the Impact Fees which would then otherwise be charged for the proposed changes. _Any proposed changes under this section which would result in lower net impacts upon one or more Public Facilities are not entitled to a downward adjustment, off-set, or credit, against any previously paid Impact Fees. D. Exemption.s.. The following Development or change in use shall be exempted from paying additional Impact Fees: 1. Alteration, expansion or replacement of a Building, structure, Dwelling Unit, or use for which the impact fee has been paid provided the respective alteration, expansion or replacement: (1) will not create any additional net increase in the size or square footage of the respective Development, including number of Dwelling Units; (2) will not result in a net increase of the intensity of use(s); or (3) will not otherwise create any additional net demand on the respective Public Facility. Lawful Buildings, structures and/or uses that are not in actual use at the time of the submittal of an application to the County for Development approval and issuance of that Building Permit (or other development approval) and that would otherwise result in an obligation to pay the new (additional) Impact Fees shall be eligible for this exemption, but the Impact Fee off-set or credit shall never exceed the dollar amount of the Impact Fee previously paid to the County for the respective then existing lawful Building and/or use. 2. New Building(s) or addition to a Building(s) or an Accessory Building that will not create additional net demand upon on the Public Facility for which the exemption is sought over and above the then existing Development impacts deemed to be created by the then lawfully existing Building(s) or use(s). 3. Construction or expansion of publicly owned residential housing; however this exemption shall not apply to the applicable Impact Fees for Water and/or Sewer Public Facilities, or for the applicable Impact Fees for Educational Public Facilities. 4. Lots, pads, sites, foundations or spaces for a single mobile home, recreational vehicle, travel trailer, or park model, when the applicable Impact Fee has been previously paid. 5. An "Adults Only Community" shall be exempt only from the Educational Facilities Impact Fee. 19 6. Development for which the respective Impact Fee is then expressly prohibited by Florida law, rule or regulation, or by Federal law, rule or regulation.E. Affordable Housing Waiver or Deferral. 1 6A20 1. Pursuant to the requirements eslablished in this section and Article IV, the County shall waive or defer, as applicable, the payment of the Impact Fee for any new'owner-occupied or rental Development which qualifies as Affordable Housing under Article IV of this chapter. a. Any Person seeking an Affordable Housing waiver or deferral for proposed Developmenl shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Development. The Application for waiver or deferral shall contain the following: (1) The name and address of the Owner; (2) An up to date, complete legal description of the site upon which the Development is proposed to be located; ,. (3) The maximum income level of the Owner, or if the Owner is a developer or builder, the income level of the household to which the Dwelling Unit is to be sold or provided for occupancy; (4) The number of bedrooms in each Dwelling Unit of the Development. b. If the proposed Development meets the requirements for an Affordable Housing waiver or deferral as set forth in Article IV, the County Manager should enter into an Impact Fee waiver or deferral agreement, as applicable, with the Owner or Applicant. The Impact Fee waiver or deferral agreement shall be in lieu of prompt payment of the Impact Fee that would then be due and payable but'for the agreement. 2. With regard to any detached single-family residences or duplexes that are subject to Impact Fee waiver or deferral, the County's interest in the Impact Fee may be subordinated to all first mortgages or other co-equal security interests. Impact fee waivers and/or deferrals for only single family, detached residences, or duplexes, as owner occupied dwelling units will automatically be subordinate to the owner's previously recorded first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. 3. Impact fee waivers or deferrals may also be similarly subordinated in the case of rental Multi-Family Dwelling Units, but only if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash e~tuivalent financial instruments which will yield the fulr amount of the deferred impact fees when they may become due and payable. F. Fund Reimbursement. Every county approved deferral or waiver of a water or sewer Impact Fee requires complete reimbursement and deposit of the entire amount deferred or waived into the applicable Water or Sewer Trust Fund(s) within thirty (30) days of the deferral or waiver agreement being signed on behalf of the county, except for deferrals of less than seven (7) years for multi-family affordable housing rental units. However, deferrals of less than seven (7) years for multi-family 20 affordable housing rental units must not adversely impact the cash flow or liquidiiy of the Water and/or Sewer Impact Fee Trust Fund accounts and thereby frustrate or interfere with the then planned or lhen ongoing growth-necessitated capital improvements and additions to such Water and/or Sewer Systems. Such an adverse impact may be determined by the Public Utilities Division Administrator whenever either of the two (2) Trust Fund's individual reserve balances is in jeopardy of approaching (or actually has reached) less than a total of $600,000 of unappropriated and unencumbered funds. If the Public Utilities Division Administrator determines that the unappropriated and unencumbered funds in either of these accounts is then in jeopardy of approaching a level of less than $600,000, then the lotal number of such multi-family affordable housing rental units that may be approved in any such fiscal year (including the fiscal year when the Public Utilities Division Administrator makes such a "funds in jeopardy" determination) for deferrals (i.e., for less than seven (7) years) shall not exceed two hundred and twenty-five (225) units. This unit number limitation will continue so long as a determination of "jeopardy" exists, except that any of the 225 units not approved by an agreement in any fiscal year where funds are in "jeopardy" may be accumulated and rolled-over from one fiscal year to the next fiscal year until such time as the "jeopardy" determination ends. Section 74-202. Payment. A. Unless deferred or waived by a written Agreement with the County as a party thereto, the Impact Fee shall be paid in full prior 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. B. If the issuance of a conventional Building Permit for the Development is not required (e.g., golf course, park, change of use, etc.), then an applicant shall pay the Impact Fee prior to the occurrence of any one of the following events, whichever occurs first: 1. The date when the first Building Permit has been issued for any Building or structure accessory to the principle use or structure of the Development; or 2. The date when the first Building Permit is issued for the .first non- accessory building or non-accessory structure to be used by any part of the Development; or 3. The date when a final development order, final development permit or other final authorization is issued authorizing construction of a parking facility for any portion of the Development; or 4. The date when a final development order, final development permit or other final approval is issued for any part of the Development in .instances where no further Building Permit is required for that part of the Development; or 5. The date when any part of the Development opens for business or goes into use. C. Owners of all golf courses must submit to the County a certified legal description and a certified surveyors sketch (to scale) of the course prepared by a 21 16 20 Professional Engineer before the date the construction of the golf course commences. D. If the Development is located within the unincorporated area of 'the County, the Impact Fee shall be paid directly to the County. E. If the Development is located within a municipality, the Impact Fee shall be paid as follows: .. 1. If the municipality has entered into a Florida Interlocal Cooperation Act, F.S. 163.01 Agreement with the County that provides for the collection of the Impact Fee, such Impact Fees shall be paid and collected in accordance with the provisions of the Agreement. 21 If the municipality has not entered into a Florida Local Government Development Agreement with the County providing for the collection of the Impact Fee, such Impact Fees shall be paid directly to the County. The time that such Impact Fees become due and payable shall be Ihe same as if the Development were in unincorporated Collier County. F. If the Development is located within a municipality and the governing body of the municipality has not agreed to require proof of payment of the Impact Fee to the County prior to the issuance of a Building Permit by the municipality or to require additionally the payment of the Impact Fee as a condition of the issuance of a Building Permit by the municipality, the Impact Fees shall be collected as provided in Section 74-202.A. and B, or, in the event of delinquency in payment, pursuant to Section 74- 501. G. The obligation for payment of the Impact Fee shall run with the land. Assignment of Impact Fee credits from one parcel of land to another parcel of land shall not be permitted except in accordance with the requirements of Section 74-205.. H. In the event a Building Permit issued for a Development expires prior to commencement of any part of the Development for which the Building Permit was issued, the Applicant may, within ninety (90) days of the expiration of the Building Permit, apply for a refund of the entire Impact Fee. Failure to timely apply for a refund of the Impact Fee shall waive any right to a refund 1. The application for refund shall be filed with the County Manager and shall contain the following: a. The name and address of the Applicant; b. The location of the property upon which the respective Development was authorized by the respective Building Permit; c, The date the Impact Fee was paid; d. A copy of the receipt of payment for the Impact Fee; and e. The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has .expired before the Development had commenced, the County Manager shall refund the Impact Fee. 3. If a Building Permit is subsequently issued for a Development on the same property, which was the subject of a refund, the Impact Fee in effect at that time must be paid. I. In the event the County or a municipality issues separate Building Permits 22 · . 16 20 for a Building or part of a Building within a Development which by design contemplates phased (delayed) occupancy, lhe Board and the Applicant may enter into an agreement for the phased (installment) payment of the Impact Fee applicable to that portion of the Development represented by such unoccupied units or space; provided, however, that all Impact Fees due shall be paid in full prior to issuance of a certificate of occupancy for occupancy of any delayed occupancy portion of the Building. In the event no agreement is executed for such phased (delayed) occupancy, the Impact Fees applicable to that portion of the Development represented by such Building shall be paid prior to the issuance of a Building Permit. J. 'The Impact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of a Building Permit. K. In the event a Development is a Mixed Use Development, the County Manager shall calculate each Impact Fee based upon each separate Impact fee land use category included in the proposed Mixed Use Development as set forth in the appli,cable Rate Schedule. L. In the event a development involves a land use not contemplated under the impact fee land use categories set forth in the rate schedules in Appendix A, the County Manager shall calculate the appropriate impact fees utilizing the methodologies contained in the impact fees adopted by section 74-106. The County Manager shall utilize as standards in his determination the impact fee rate calculation variables applicable to the most similar land use categories in the applicable impact fee rate schedules. 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: 1. Road: "Road Impact Fee Trust Fund"; 2. Water and Sewer: "Water Impact Fee and/or Sewer Impact Fee Trust funds": The County hereby establishes or reaffirms lhe establishment of two separate trust Funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; 3. Parks and Recreational: The County hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust Fund" (into which the portion of the Impact Fee allocated to Parks and Recreational Services paid by Development located in municipalities within Collier Counly will be deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into which the portion of the Impact Fee allocated to Parks and Recreational services paid by Development located in the unincorporated areas of Collier County will be deposited); 4. Library: "Library Impact Fee Trust Fund"; 5. Emergency Medical: "Emergency Medical Services Impact Fee Trust Fund"; 6. Educational: "Educational Impact Fee Trust Fund"; 7. Correctional: "Correctional Impact Fee Trust Fund"; 23 3. 4. condemnation; 5. condemnation; 8. Fire: "Fire lmpact Fee Trust Fund." 1 6A 20 Each of these Impact Fee Trust Funds shall 'be maintained separate and apart from each other and from all other funds of the County. The portion of the Impact Fee allocated to each Public Facility under Sections 74-302 through 74-309, inclusive, shall be deposited into the corresponding Impact Fee Trust Fund immediately upon receipt. Each of,the foregoing Impact Fee Trust Funds shall be further separated or divided based upon benefit districts established pursuant to the respective Sections 74-302 through 74-309. No Impact Fee in any Trusl Account shall be loaned to any other Impact Fee Trust Account. B. The funds deposited into each Impact Fee Trust Fund shall be used solely for the purpose of providing growth necessitated improvements and additions to the specific Public Facility for which the Impact Fee was assessed including, but not limited to the following: Design and construction plan preparation; Permitting and fees; Construction and design of Public Facilities; Land and materials acquisition, including costs of acquisition and Right of way acquisition, including costs of acquisition and 10. 11. 12. supplies; 13. 14. 6. For the Road Impact Fee only, construction of new through lanes, new turn lanes, new bridges, bike lanes, sidewalks, street lights, and new traffic signalization. However, Impact Fee funds shall not be used to fund bike lanes or sidewalks unless they are constructed concurrently as part of a road projec.t that increases capacity. Other capital cost ilems, including the relocation, but not the up- sizing of, water and/or sewer utility facilities, may be included subject to such cost being contemplated in the then-applicable Road Impact Fee Study. 7. Design and construction of new drainage facilities required by the construction of Public Facilities; 8. For water and/or sewer Impact Fees, reloc, ating the respective utility facilities required by the County and additions to County utility facilities; 9. Landscaping; Construction management and inspection; Surveying, soils and material testing; For the Water Impact Fee only, development of raw water sources and Acquisition of capital equipment for Public Facilities; Acquisition of apparatus, equipment or furniture necessary to expand the Public Facilities; 15. Repayment of monies transferred or borrowed from any budgetary fund of the County, or the School Board in the case of Educational Facilities Impact Fee, subsequent to the adoption of this Chapter, which were used to fund construction, acquisition and/or improvements to Public Facilities; 24 · ! 6 20 16, Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness (including Certificates of Participation in accordance with Sections 230.23 and 235.056, Florida Statutes, for Educational Facilities Impact Fees) issued by the County, or the School Board in the case of Educational Facilities Impact Fee, to fund growth impacted Public Facilities subsequent to the adoption of this (~hapter; 17. Reimbursement of excess Impact Fees due pursuant to Section 74-202 or Section 74-205; 18. Design and construction of Public Facilities necessitated by the construction Of the specific Public Facility for which the Impact Fee was assessed; 19. To the extent provided by law, reimbursement or refund of costs incurred by the County, or the School Board in the case of Educational Facilities Impact Fee, in the preparation of this Chapter, of any update to the Impact Fee Studies adopted .pursuant to Section 74-106, and any amendments or supplements adopted pursqant to Section 74-502 and any other administrative costs incurred by the County; 20. Administration for the specific Public Facility for which the funds were collected directly relating to this chapter; and 21. Any other expenditures of the respective Impact Fees as then allowed by Law. A. Impact Fee Trust Funds shall not be used for any expenditure that would be classified as a maintenance or repair expense, nor shall they be used on improvement projects not included in the County's five (5) year CIE. B. The monies deposited into the Impact Fee Trust Fund shall be used solely to finance Public Facilities required by growth as projected in the Impact Fee Studies or the Comprehensive Plan. C. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the specific Impact Fee Trust Fund from which the invested funds came. D. The Impact Fee collected pursuant to this Chapter (including all predecessor Ordinances that are hereby being consolidated into this Chapter) shall be returned to the then current Owner of the property for which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date when the respective Impact Fee was paid. Refunds shall be made only in accordance with the following procedure: 1. The then current Owner shall petltion the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the respective Impact Fee. 2, The petition for refund shall be submitted to the County Manager, and shall contain: a. A notarized sworn statement that the petitioner is the then current Owner of the property for which the Impact Fee was paid; b. A copy of the dated receipt issued for payment of such fee or such other record as would clearly indicate payment of such fee; c. A certified copy of the latest recorded deed; and 1 6A 20 d. A copy of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of a complete petition for refund, the County Manager will advise the Owner of the status of the Impacl Fee requested for refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then it shall be returned to the then current Owner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. Such funds may be encumbered 'by contract, bond, Resolution, Ordinance, or otherwise. 4. Impact Fee monies refunded by the Board in accordance with this Subsection F shall be paid with interest accrued to the principal being refunded but not to exceed the rate of five percent (5%) simple interest. Except as provided for in this Subsection F, no interest shall be paid upon the return or refund of Impact Fees. E. Failure to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fee for growth necessitated capital improvements and additions to the respective Public Facilities. Section 74-204. Alternative Fee Calculation. A. The Impact Fee may be determined by an Alternative Fee Calculation of the fiscal impact of the Development on the Public Facilities if: 1. Any Person commencing a Development which increases demand on any Public Facility chooses to have the Impact Fee for that Public Facility determined by the Alternative Fee Calculation and pays to the County in full the Impact Fee calculated pursuant to the applicable Impact Fee Rate Schedule and a non-refundable Alternative Fee Calculation review fee of two thousand five hundred dollars ($2,500.00) or any other review fee amount then established by. the Board by ordinance or resolution; and '. 2. The Applicant believes that the nature, timing or location of the proposed Development makes it likely to generate impacts costing less than the amount of the Impact Fee generated by application of Section 74-201 and the Impact Fee Rate calculations in Sections 74-302 through 74-309, as applicable for the Public Facilities at issue; and 3. The Applicant commences the Alternative Fee Calculation process by requesting in writing to the County Manager, and attends with the County Manager, the preapplication meeting described in Section 74-204(B) within ninety (90) days of the issuance of the Building Permit for the Development; and 4. The Applicant .submits to the County Mana. ger a completed Alternative Fee Calculation Study as described in this Section within twelve (12) months of the issuance of the Building Permit for the Development. Prior to expiration of the foregoing twelve (12) month period, the Applicant may request in writing to the County Manager up to a six (6) month extension of time to submit the completed Alternative Fee Calculation Study. Such extension request may be granted by the County 26 ! 6 20 Manager for good cause shown for extending the time period in which the study is to be completed. Other extensions of time timely requested by the Applicant in writing may be granted. B. Prior to commencing the Alternative Fee Calculation, the Applicant shall arrange and attend a pre-application meeting with the County Manager to discuss the requirements, procedures and methodology of the Alternative Fee Calculation. The pre-application meeting will normally cover the following topics: (1) proposed previous studies; (2) credits; (3) proposed study sites; (4) study data elements; (5) proposed data collection methodology; and (6) report format. C. 'Subsequent to the pre-application meeting, the Applicant shall submit three (3) copies of the proposed approach to the Alternative Fee Calculation to the County Manager. The County Manager shall have thirty (30) County working days to respond in writing to the proposed approach. If the County Manager concurs with the proposed approach, the Applicant will be notified to proceed with lhe Alternative Fee Calcp. lation. If the County Manager disagrees with the proposed approach, the County Manager shall identify the problem areas for the Applicant to incorporate and address in its resubmittal to the County. The Applicant shall be required to receive approval from the County Manager prior to proceeding with the Alternative Fee Calculation. If the County Manager has not approved the Applicant's proposed approach after one (1) resubmittal, the Applicant may request a decision from the County Manager whereupon the County Manager shall either approve, approve with conditions, or deny the proposed approach. D. The Alternalive Fee Calculation shall be undertaken through the submission of an impact analysis for the Public Facilities at issue, which shall be based on data, informalion, methodology and assumptions contained in this chapter and/or the Impact Fee Studies incorporated herein, or an independent source, including local studies for alternative impact fee calculations performed by others within the immediately preceding-three years, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a methodology generally accepted by professionals in the field of expertise for the Public Facilities at issue and based upon standard sources of information relating to facilities planning, cost analysis and demographics and generally accepted by professionals in the field of expertise for the Public Facilities at issue. Technical details of approach, methodology, procedures and other matters relating to the Alternative Fee Calculation may be addressed in an Administrative Procedures Manual developed by the County Manager and approved by Resolution of the Board. E. The Alternative Fee Calculation shall be submitted by the Applicant for the proposed Development and shall be prepared and certified as accurate by persons accepted by the County as qualified professionals in the field of expertise for the Public Facilities at Issue, and shall be submitted to the County Manager. F. Within thirty (30) County working days of receipt of an Alternative Fee Calculation, the County Manager shall determine if it is complete. If the Counly Manager delermines the application is not complete, he shall send a written statement 27 1 6 20 specifying the deficiencies to the person submitting the application at the address set forth in the application. The County Manager will not be required to take any further action on the Alternative Fee Calculation until all specified deficiencies have been corrected. G. After the County Manager determines that the Alternative Fee Calculation is complete, he shall notify the Applicant of its completion within ten (10) days, and he shall, within thirty (30) County working days, complete a review of the data, analysis, and conclusions asserted in the Alternative Fee Calculation. If this review is not completed within these time frames, and if requested by the Applicant, the item will be scheduled for the next available Board meeting. H. If the County Manager determines that in the Alternative Fee Calculation the County's cost to accommodate the proposed Development is statistically significantly different than the Impact Fee established pursuant to Section 74-201 and the applicable Sections 74-302 through 74-309, the amount of the Impact Fee shall be reduced to a dollar amount consistent with the amount determined by the Alternative Fee Calculation, subject to the Board's approval. I. In the event the Applicant disagrees with a decision of the County Manager thai effectively results in a denial of the Alternative Fee Calculation, the applicant may file a written Appeal Petition with the Board not later than thirty (30) days after receipt of notice of such a decision by the County Manager. In reviewing the decision, the Board shall use the standards established herein. The Appeal Petition must advise the Board of all issues and shall explain the precise basis the Applicant asserts that the decision(s) of the County Manager is/are alleged to be incorrect. Section 74-205. Developer Contribution Credit. A. A person may apply for a credit against any Impact Fee owed pursuant to Section 74-201 for a specific type of Public Facility for any contribution, construction or land dedication conveyed to, accepted and received by the County for that same type of Public Facility. The'County may grant a credit against the Impact Fee imposed against a Development pursuant to Section 74-201, for the construction, installation or contribution of any Public Facilities, or improvements and additions thereto,, or land dedication related thereto, required pursuant to a developmeht order for the Development, or not required by such development order. Such construction, contribution or land dedication shall be subject to the approval of the County Manager and lhe Board as described herein and shall be an integral part 'of, and a necessary accommodation to, existing or contemplated Public Facilities. Anything to the contrary notwithstanding, a contribution or dedication related to a specific type of Public Faclli[y shall be available as a credit only against the Impact Fee for the same type of Public Facility and there shall be no intermingling or cross-over of credits from one type of Public Facility to another type of Public Facility. B. A credit granted against the applicable Impact Fee for certain dedications of land or for the contributions of Off-site Improvements to the Transportation Network, contributions of construction or Installation of regional water and/or regional sewerTM systems, buildings, facilities and/or improvements and/or additions thereto, made to the 28 · ' 16 20 regional water and sewer systems, or for other authorized contributions or dedications for other Public Facilities authorized in this Chapter, whether required to be made pursuant to a development order by the County or not, shall be subject to the following standards: 1. The dedicated land shall be an integral part of, and a necessary accommodation to, contemplated off-site Improvements to the Adopted Needs Plan Transportation Network, or the County's Regional Water and Regional Sewer Systems needs, whether on-site or off-site, or the Counly's other Public Facility needs, as determined by the County; 2. The road off-site Improvements to be contributed shall be an integral part of, and a necessary accommodation to, the adopted Cost Feasible Plan for the Transportation Network; 3. Except as provided in Sections 74-205.B.1 and B.2, no other dedications of land, contributions of off-site Improvements, contributions of construction or installation of improvements shall be entitled to developer contribution credit from the Impact Fee; 4. All dedicated land for road right-of-way shall be conveyed in fee to the County by statutory warranty deed. Other conveyances to the County, including right- of~way or easements required by the County shall be conveyed to the County pursuant to ordinances, resolutions, guidelines or regulations then in effect and in a form of conveyance acceptable to the County Attorney. 5. The credit for a dedication of land shall not exceed the fair markel value of the land dedication as based upon a written appraisal by a qualified and professional appraiser acceptable to the county, based upon comparable sales of similar property between unrelated parties in a bargaining transaction as of the date of the contribution; lhe date of the commencement of the construction; the date of the land dedication; or for dedications, the day before the date of the issuance of the development order approval (zoning amendment, site plan approval, PUD approval, or other development order approval) wherein the contribution, construction or land dedication was proffered or required; whichever occurs first. 6. In the case of contributions of construction or installation of improvements, the value of the proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. The actual cost of construction for the contribution shall be based upon costs certified by a Professional Engineer or architect, as appropriate. However, In no event shall any upward adjustment in the credit amount as set forth in the developer contribution agreement between the owner and the County exceed 15 percent above the Initial certified estimate of costs .for contributions as provided by the Professional Engineer or architect, as appropriate. Upon adjustment of the value of the developer's contribution, the contribution credit shall be adjusted accordingly. 7, Until the contribution credit Is finally adjusted upon completion of construction, no more than seventy-five percent of the initial estimate of costs for 1 6 20 contributions to the regional water and/or sewer systems identified in the contribution . agreement shall be actually, applied or used In the calculations of available credit against water and/or sewer systems Impact Fees. 8. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the determination of any value of any developer's contribution. 9. All construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with, the construction standards and procedures of the County as then adopted by ordinance. All plans and specifications must be approved by the County Manager, Transportation Administrator, Public Utilities Administrator or appropriate division or department administrator, and other appropriate governmental entity prior to commencement of construction. A determination of the amount of credit or reimbursement shall be made Prior to consideration by the Board. 10. No credit for a particular type of Public Facility shall exceed the Impact Fee for that type of Public Facility for the proposed Development imposed by this Ordinance, unless a credit (developer's) agreement has been completed pursuant to the requirements of this section. C. An applicant who desires to make a dedication of land or contribution for Impact Fee credits shall, prior to issuance of a Building Permit, submit to the County a proposed plan for the dedication of land or for the contribution. The proposed plan of construction or dedication shall include: 1. A designation and legal description of the Development for which the plan is being submitted; 2. A list of the contemplated Improvements; 3. A legal description of any land or interest in land proposed to be dedicated and a written appraisal prepared in conformity with the requirements of this section; 4. An estimate of proposed construction costs certified by a Professional Engineer or architect, as appropriate; and 5. A proposed time schedule for completion of the proposed plan of construction or dedication prepared by a Professional Engineer or architect, as appropriate; D. Upon submission of a complete plan, the Transportation Administrator or the Public Utilities Admlnistretor, or appropriate division or department admtnts~&~o~, shall present to the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the applicant or owner written notice of the time and place of the presentation. The Board shall authorize the County Attorney to prepare a contribution agreement with the owner only if: 1. There Is a finding that the dedications or contributions contemplated by the agreement are consistent with the Comprehensive Plan and the requirements of this section; 30 · . 16/ 20 2. Such proposed plan is in conformity with contemplated improvements and additions to the Transportation Network in compliance with the requirements of Sections 74-205.B.1 and B,2 or contemplaled improvements and additions to the regional water and/or sewer systems, or otherwise in compliance with Sections 74- 205.B.1 and B.2 for other Public Facilities; ,, 3. There is sufficient funding remaining in the adopted Road Impact Fee annual credit threshold budget, or any threshold that may be established for other Public Facilities, to cover the request for such credits; and 4. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the treatment and transmission capabilities of the regional water and/or sewer systems; and 5. The Transportation Administrator or Public Utility Administrator or County Manager has determined that the proposal furthers the development of the applicable component of the Public Facilities and the proposed plan is, in the opinion of the Board of County Commissioners, consistent with the public interest. 6. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the applicable Public Facility Impact Fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to such Public Facility Systems; and 7. The proposed time schedule for completion of the plan is consistent with the then most recently adopted five-year capital improvement program for the applicable Public Facility. E. Upon approval of a proposed plan of dedication or contributio,n, the Transportation Administrator or Public Utilities Administrator or County Manager shall determine the amount of developer credit and shall approve the timetable for completion of construction. The amount of developer credit to be applied against the applicable Public Facility Impact Fee shall be determined according to the standards of valuation described in Section 74-205.B. F. Upon approval of a plan for the dedication or contribution, a developer contribution agreement shall be entered into between the County and the owner. A nonrefundable processing, review and audit fee of $2,500.00 shall be due once the voluntary plan has been approved and prior to the preparation of a contribution agreement by the County Attorney. The processing, review and audit fee shall be returned to the applicant if either the County Manager, the authorized division or department administrator, or the Board determines the proposed plan Is not acceptable; The processing, review and audit fee shall become non-refundable when the Board authorizes the County Attorney to prepare a contribution agreement. The contribution agreement shall, at a minimum, provide for and include, but not be limited to: 1. Identification of the parties including a representation from the owner or owners disclosing who are the record' owners of the real property described in the contribution agreement. If requested by the County Attorney, the applicant or owner shall provide to the County Attorney, at no cost to the County, an attorney's opinion 31 identifying the record owner, his authority to enter into the contribution agreement and identity any lien holders having a lien or encumbrance on the real property that is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 2. A finding that the contributions and dedications contemplated by the agreement are consistent with the Comprehensive Plan. 3. A legal description of all lands included in the Development subject to the agreement. 4. The duration of the agreement, which shall not be for a period in excess of five (5) years from the date the County acknowledges completion of the approVed contribution or from the actual date of dedication, but in no event shall the duration exceed seven (7) years, exclusive of any controlling moratoria, from the date of recording in the official records. 5. A graphic drawing or rendering and a legal description of the dedication or contribution to be made pursuant to the agreement. 6. An acknowledgment that the dedications or contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a right-of-way, or by the county, a utility, or other persons or entities engaged in the distribution and transmission of water and/or collection or transmission of sewerage for the purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastructure or the like. 7. An acknowledgment that the contribution agreement shall not be construed and characterized as a development agreement under the Florida Local Government Development Agreement Act, as then amended, or otherwise. 8. Adoption of the approved time schedule for completion of the plan. 9. Determination of the dollar value amount of credit based upon the standard of valuation as set forth in Section 74-205.B.1 and 2. 10. A written appraisal for any land dedication. 11. The initial professional opinion of probable Construction costs, if any, provided by a Professional Engineer or Professional Architect, as appropriate. 12. A requirement that the owner keeps or provides for retention of adequate records and supporting documentation that concern or reflect total project cost of the ~mprovements to be contributed. This Information shall be available to the County, or its duty authorized agent or representative, for audit, inspection or copying, for a minimum of five (5) years after the termination of the contribution agreement.. 13. A requirement that the credit for Impact Fees for the specific Public Facility Identil~led in the contribution agreement shall run with the land of the subiect Development and shall be reduced by the entire amount of the Impact Fee for that Public Facillly due for each Building Permit issued thereon until the Development project is either completed or lhe credits are exhausted or are no longer available, or 32 1 6 20 16 20 have been assigned by operation of or pursuant to an assignment agreement with the County. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that Public Facility in effect at the time the Building Permit is issued. The credit shall specify the specific type of Public Facility Impact Fee to which it shall apply (e.g., roads, sewer, water, etc.) and shall not apply to any other type of Public Facility Impact Fee. 14. That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors In interest to the parties to the contribution agreement. 15. An acknowledgment that the failure of the contribution agreement to address any permit, condition, term, or restriction shall not relieve either lhe applicant or owner, or their successors, of the necessity of complying with any law, ordinances, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 16. Compliance with the then applicable risk management guidelines which may, be established by the County's risk management department from time to time, including but not .limited to insurance and indemnification language acceptable to the County for any contribution or dedication. 17. Annual examination and audit of compliance performed by an independent auditor to determine compliance with, and performance under, the contribution agreement, including whether or not there has been demonstrated good faith compliance with the terms of the contribution agreement and to report the credit applied toward payment of Impact Fees and the balance of available and unused credit. If the Board finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. 18. A provision that mandates modification or revocation of the contribution agreement as may thereafter be necessary to comply with then-applicable and relevant state and federal laws; if state or federal laws are enacted after the execution of the contribution agreement which are applicable to and which preclude the parties' compliance with the terms of the contribution agreement. 19. Amendment or cancellation by mutual consent of the parties 'to the contribution agreement or by their successors in interest. 20. Recording of the contribution agreement in the official records within fourteen (14) days after the County enters into the contribution agreement. All costs of recording and conveyance shall be paid by the applicant or owner. 21. The ability to file an action for Injunctive relief tn the Circutt Court of the County to enfome the terms of the contribution agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the agreement. 22. An acknowledgment that the contribution agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. G. Any developer contribution credit granted from the specific type of Public 33 16 20 Facility Impact Fee shall only be for those dedications or contributions made to accommodate growth, within the respective Impact Fee district where the development is located, and for the same type of Public Facility Impact Fee for which the dedications or contribution has been made. H. All Road Impact Fee credits shall be awarded on an annual basis from an allocation established each fiscal year of the County based upon the recommended annual budget threshold amount as established in the budget of the Transportation Services Division. No Road Impact Fee credits greater than this annual allocated sum shall be allowed in any fiscal year. The balance of any annual unexpended Road Impact Fee Credits may be carried over from one fiscal year to the next fiscal year, subject to the allocation limit each fiscal year, until expended, provided such agreement for reimbursement shall not be for a period in excess of seven (7) years from the date of recording the contribution agreement in the official records of Collier County, and shall provide for a forfeiture of any remaining reimbursement balance at the end of such time.period. I. All right-of-way dedications must be consistent with the County's adopted Needs Plan in order to be eligible for Road Impact Fee credits at the time of the request. J. Any dedication or contribution for which a Road Impact Fee Credit is requested must be in the County's Cost Feasible Plan of the Transportation Network at the time of lhe request. K. If Road Impact Fee credits are not available at the time of request, the County shall otherwise compensate and may award a cash reimbursement subject to conformity to all other requirements for credit eligibility and subject to the following additional conditions: 1. If a phase or phases of the contribution and dedication, or either, are included in the five-year CIE, the County shall compensate and may agree to reimburse for that phase or phases of Off-site Improvements at the time the funds are scheduled to become available in the five-year CIE; and 2. If the County has a budget for advanced right-of-way acquis!tion, the County may reimburse for the value of the right-of-way, up to the level of the remaining budget for such land acquisition. L. The County shall not reimburse for contributions that are not included in the five-year CIE or that exceed lhe amount of credits established in the threshold level budgeted. M. In order to maintain the pro-rata or proportionate share purpose of this~ Chapter, it is necessary that a uniform method be used countywide in determining credit against the Impact Fee. Therefore, lhe County, when considering compensation or credit, shall apply the then-applicable standards it has established in the unincorporated areas throughout the entire incorporated and unincorporated County, i.e., with regard to roads, the dedication of the minimum local road widths is non-compensable, thus putting the unincorporated areas and the Incorporated areas in the same posture and ' thereby maintaining the integrity of the pro-rata or proportionate share concept. 34 · . ! 6 20 N. Impact Fee credits shall not be assigned or otherwise transferred from one Development to another Development except by written agreement executed by the County, and then, shall only be transferable from one Development to another Development owned by the same Developer within the same Impact Fee District for the same type of Public Facility Impact Fee. No such assignment or transfer of Impact Fee credits shall be allowed until lhe original Development has been completed. Impact Fee credits will be accomplished only through the operation of a credit agreement. Should an assignment of credit be approved by the County through execution of such an agreement, the assignee shall take the agreement as is and shall be bound by all of the terms and conditions of lhe agreement as originally executed by the assignor and other parties. No assignee (or transferee) of any such Agreement shall have the right to any review procedure under this Chapter except to the extent expressly granted in the agreement. The provisions of this paragraph shall apply to subsequent purchasers or successors in title to the owner. O. Any Applicant who submits a proposed credit agreement pursuant to this Chapter and desires the immediate issuance of a Building Permit shall pay the Impact Fee prior to or at the time of the application for the building permit. Said payment shall be deemed paid "under protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the Counly Manager, shall be refunded to the Applicant or Owner. P. In the event the amount of Impact Fee credit for a specific type of Public Facility, pursuant to an approved contribution or dedication, exceeds the total amount of Impact Fee for that same type of Public Facility imposed upon the Development, the contribution agreement may provide for the future reimbursement to the owner ,of the excess of such contribution credit from future receipts by the county of Impact Fees. However, no reimbursement shall be paid until such time as all development at the location which was subject to the credit has been completed. Such reimbursement shall be made over a· .period of five (5) years from the date of completion of the development as determined by the County, ARTICLE III SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Section 74- 301. Overview of Special Requlremente. Because this Chapter is a consolidation of Impact Fee regulations for different types of Public Facilities, this Article III shall establish and provide additional or different provisions, requirements and limitations that apply only to a particular type of Public Facility. A separate section within this Chapter has been included for each type of Public Facility. In the event of a conflict between the general provisions of this chapter and the specific provisions set forth In this Article III, the terms and provisions of Article III shall control. 35 Section 74-302. Special Requirements For Road Impact Fee. A. Short Name. This section may be known as "Special Requirements for Road impact Fee." .. ,u.,o,,. 1 6/i20 It is hereby ascertained, determined and declared: .. 1. Both existing development and development necessitated by the growth contemplated in the Comprehensive Plan will require improvements and additions to the Transportation Network to accommodate and maintain traffic at the level of service adopted by the County. Future growth, as represented by new Development, should contribute I° lhe cost of improvements and additions to the Transportation Network required to accommodate and traffic generated by such growth as contemplated in the Comprehensive Plan. 2. The required improvement and additions to the Transportation Network needed to accommodate existing traffic at the level of service adopted by the County shal! be financed by revenue sources of the County other than Road Impact Fee. 3. Implementation of a Road Impact Fee to require future Development to contribute the cost of required transportation capital improvements and additions is an integral and vital element of the regulatory plan of growth management incorporated in the Comprehensive Plan of the County. 4. Future growth as represented by new Development requires capacity additions to roads wilhin the State Highway System, lhe County Road System and the City Street System. The provision of these growth necessitated capacity additions to the State Highway System and certain portions of the city street system directly benefits all residents of the County and is interrelated with the provision of growth necessitated improvements to the County Road System. In recognition of these findings and the interconnections belween the various road systems, it is the intent of the Board to impose an Impact Fee on Development occurring within the County and to utilize the proceeds to construct or acquire contemplated improvements and capacity additions to the Transportation Network. 5. The Board expressly finds that improvements and additions to the Transportation Network provide a benefit to all Development within the County in excess of the Road Impact Fee. 6. In recognition that transportation planning is an evolving process, it is the intent of the Board that improvements and additions to the Transportation Network be reviewed and adjusted periodically to insure that Road Impact Fees are imposed equltably and lawfully and are utilized effectively based upon actual and anticipated growth needs at the time of their imposition. 7, The County has a responsibility to provide and maintain certain roads in the County in both the unincorporated areas and within incorporated areas of the County. Placing a fair share of the burden of the cost of providing the improvements and additions to the Transportation Network required by Development within Incorporated areas constitutes a County purpose. Construction occurring within incorporated areas impacts the County Road System and State Highway System within 3{5 1 6 20 Collier County. In recognition of these findings, it is the intent of he Board to impose the Road Impact Fee on all Development occurring within the County, including areas within municipal boundaries. 8. The purpose of this Section is to require the Development within the County to provide for capital improvements and additions to the Transportation Network which are necessitated by such Development, This chapter shall not be construed Io permit the collection of Road Impact Fees from Development in exCess of the amount reasonably anticipated to offset the demand on the Transportation Network generated by such Development. 9.'This chapter shall not be construed to permit the expending or encumbering of any monies collected through Road Impact Fees for the construction of improvements or additions to roads which are not contained within the Transportation Network. C. Limitation on Applicability. See Section 74-103. ,. D. Payment. See Section 74-202. E. Use of Funds. 1. The Road Impact Fee shall provide funds only for Off-site Improvements to Transportation Network roads within the same Road Impact Fee District where the respective Development is located. An exception is permitted where a growth necessitated improvement or addition(s) thereto is to be constructed to a portion of an arterial road within a single Road Impact Fee District and the arterial road to be improved extends into one or more other adjacent Districts. Road Impact Fees from each such Road Impact Fee District may be used in the respective adjacent District(s) provided that: a, The improvement to be made in the adjacent District will directly benefit Development in the District from which the Road Impact Fees are generated; and b. ' The expenditure of Road Impact Fees within the respective adjacent Road Impact Fee District is proportional to the benefit derived by the District wherein the Road impact Fees are collected. 2. Prior to the expenditure of Road Impact Fees for a capital improvement or addition located in a Road Impact Fee District other than where the Impact Fees were derived, a professional engineer shall provide a specific determination of benefit and demonstrate compliance with the requirements of this Section for the proposed expenditure. Expenditure of Road Impact Fees in a Road impact Fee District other than from where the Impact Fees were derived shall require approval from the Boa~ and the Board shall support the approval by a specific finding of benefit. 3. Access Improvements, including required right-of-wa.y dedications, shall be provided by the Applicant in accordance with all other applicable ordinances of the County. 4. Road Impact Fee District boundaries (where a road right-of-way is used to define Road District boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of either District that it bounds): 37 ., a. Road Impact Fee District Number 1 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in Appendix B, attached hereto and incorporated by reference. Road Impact Fee District Number 1 shall include all areas previously included within District Numbers 1 and 2 created by ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in Schedule 1 is hereby adopted and the Road Impact Fees established in the Road Impact Fee Rate Schedule are hereby imposed on all Development located within Road Impact Fee District Number 1 at a rate established under the applicable Impact Fee Land Use Categories. b. Road Impact Fee District Number 2 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in Appendix B, attached hereto and incorporated by reference. Road Impact Fee District Number 2 shall include ail areas previously included within District Numbers 3 and 5 created by ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in Schedule 1 is hereby adopted and the Road Impact Fees established in such Road Impact Fee Rate Schedule are hereby imposed on all Development located within Road Impact Fee District Number 2 at a rate established under the applicable Impact Fee Land Use Categories. c. Road Impact Fee District Number 3 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in Appendix B, attached hereto and incorporated by reference. Road Impact Fee District Number 3 shall include all areas previously included within District Number .4 created by ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in Schedule I is hereby adopted and the Road Impact Fees established in such. Road Impact Fee Rate Schedule are hereby imposed on all Development located within Road Impact Fee District Number 3 at a rate established .under the applicable Impact Fee Land Use Categories. d. Road Impact Fee District Number 4 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in Appendix B, attached hereto and incorporated by reference. Road Impact Fee District Number 4 shall include all areas previously included within District: Number 6 created by Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in Schedule I is hereby adopted and the Road Impact Fees established in such Road Impact Fee Rate Schedule are hereby imposed on all Development located within Road Impact Fee District Number 4 at a rate established under the applicable Impact Fee Land Use Categories. e. Road Impact Fee District Number 5 is hereby created or affirmed to include the boundaries set. forth and established as described and dePicted in Appendix .B, attached hereto and incorporated by reference. Road Impact Fee District Number 5 shall include all areas previously included within District Number 9 created by. Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in Schedule I is hereby adopted and the Road Impact Fees established In such Road Impact Fee Rate Schedule are hereby imposed on all Development located within Road 38 16 20 Impact Fee District Number 5 at a rate established under the applicable Impact Fee Land Use Categories. f. Road Impact Fee District Number 6 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in Appendix B, attached hereto and incorporated by reference. Road Impact Fee District Number 6 shall include all areas previously included within District Number 8 created by Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in Schedule 1 is hereby adopted and the Road Impact Fees established in such Road Impact Fee Rate Schedule are hereby imposed on all Development located within Road Impact Fee District Number 6 at a rate established under the applicable Impact Fee Land Use Categories. g. Road Impact Fee District Number 7 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in Appendix B, attached hereto and incorporated by reference. Road Impact Fee District Number 7 shall include all areas previously included within District Number 11 created by Ordinance 85-55, as amended. No Road Impact Fee shall be initially imposed upon Development located within Road Impact Fee District Number 7. h. Road Impact Fee District Number_8 is hereby created or affirmed to include the boundaries set forth and established as described and depicted In Appendix. B, attached hereto and incorporated by reference. Road Impact Fee District Number 8 shall include all areas previously included within District Numbers 7 and 10 created by Ordinance 85-55, as amended. No Road Impact Fee shall be initially imposed upon Development located within Road Impact Fee District Number 8. 5. The Board of County Commissioners hereby establishes (or affirms) eight (8) separate trust funds for the Road Impact Fees to be designated as the "District Number 1 Road Impacl Fee Trust Fund," "District Number 2 Road Impact Fee Trust Fund", "District Number 3 Road Impact Fee Trust Fund," "District Number 4 Road Impact Fee Trust Fund," "District Number 5 Road Impact Fee Trust Fund," "District Number 6 Road Impact Fee Trust Fund", "District Number 7 Road Impact Fee Trust Fund, and District Number 8 Road Impact Fee Trust Fund." 6. The monies deposited into the respective Road Impact Fee Trust Funds shall be used solely to provide additions and improvement to the Transportation Network required to accommodate traffic generated by growth. F. Impact Fee Rates, The Road Impact Fee Rate Schedule incorporated in Schedule 1 is hereby adopted and the Road Impact Fees established in the Road 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. Section 74-303. Special Requirements For Water Impact.Fee and/or Sewer Impact Fee. A. Short Name. This section may be known as "Special Requirements for Water Impact Fee and/or Sewer Impact Fee." B. Purpose. The purpose of this section is to tailor the general common 39 requirements of this chapter to the specific requirements of Water and Sewer Impact Fees. In addition, the Board finds that the Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities such as water and sewer systems.. The Board has alternative, cumulative and supplemental authority to plan for and provide water and sewer systems under the laws of the State of Florida, including, but not limited to chapter 125, Part II of chapter 153, chapter 164, and chapter 380, Florida Statutes; chapters 78-489 and 88-499, Laws of Florida, and Article 8 of the Constitution of the State of Florida. Collier County Land Development Regulations and Policies require persons to install, use, operate or employ interim water and/or sewer treatment facilities when such persons choose to develop lands in advance of the expansion of the regional sewer system within the district. Collier County Land Development Regulations and Policies require thai owners of land connected to interim sewer facilities disconnect from such facilities and connect to the regional water and/or sewer system whenever the regional sewer system becomes available within the district. The Board specifically finds that future growth within the non-excluded areas (as described in Section 74-303.C.) should contribute its fair share to the cost of improvements and additions to the water and sewer facilities that are required to accommodate the use of such facilities within the non-excluded areas. 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. Shall not apply within the geographic areas expressly excluded by this Ordinance from the imposition of Water and Sewer. Impact Fees: For purposes .of the water and/or sewer service, Development shall include only Development on lands within the Collier County Water-Sewer District, exclusive of lands encompassed by the geographic areas described hereunder. Lands within Collier County generally excluded from the generally applicable definition of "Development" as it relates to the water and/or sewer service 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 sublect to the imposition of impact fees in accordance with this Chapter in the same manner as if said lands were not within an excluded geographic area: a. Those areas lying within the boundaries of the former Marco Water and Sewer DistriCt. Exclusion of the Marco Water and Sewer District recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Water and/or Regional Sewer Systems. b. Those areas lying within the boundaries of the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area Is not presently planned to be served by the treatment capabilities of the Regional Water and/or Regional Sewer Systems. c. The following exclusion of the geographic areas in Golden Gate 4O · . 16 20 Estates recognize that the nature of the previous development, the platting of these areas primarily into large residential tracts and the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a manner as to make it economically impractical to serve most of these areas in the foreseeable future via the Regional Water and/or Regional Sewer Systems or any other centralized water and/or sewer utility. (1) Golden Gate Estates Unit No. 1, Plat Book 4, Page 73, Public Records of Collier County, Florida. (2) Golden Gate Estates Unit No. 2, Plat Book 4, Page 75, Public Records of Collier County, Florida. (3) Golden Gates Estates Unit No. 3, Plat Book 4, Page 77, Public Records of Collier County, Florida. (4) Golden Gates Estates Unit No. 4, Plat Book 4, Page 79, Public Records of Collier County, Florida. ,. (5) Golden Gates Estates Unit No, 26, Plat Book 7, Page 15, Public Records of Collier County, Florida. (6) Golden Gates Estates Unit No. 27, Plat Book 7, Page 17, Public Records of Collier County, Florida. (7) Golden Gates Estates Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida. (8) Golden Gates Estates Unit No. 29, Plat Book 7, Page 57, Public Records of Collier County, Florida. (9) Golden Gates Estates Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. (10) Golden Gates Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. (11) Golden Gates Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier County, Florida. (12) Golden Gates Estates Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida. (13) Golden Gates Estates Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida. (14) Golden Gates Estates Unit No. 35, Plat Book 7, Page 85, Public - Records of Collier County, Flortda. (15) Golden Gates Estates Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. (16) Golden Gates Estates Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. (17) Golden Gates Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Colller County, Florida. d. Those areas lying within the Marco Shores, Unit 1, Sections 26 and 4! 16 20 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page 34 of the Public Records of Collier County, Florida. Exclusion of the Marco Shores, Unit 1, recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Water and/or Regional Sewer Systems. e. Ridge Farms Subdivision (not platted) described as follows: Begin at Southeast corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence north 88 degrees 50 minutes 15 seconds east along the south line of said Section 6; thence north 0 degrees 13 minutes 20 seconds west along the east line of Section 6 a distance of 3044.40 feet to the east quarter corner; thence continuing north along said line a distance of 428.84 feet; thence leaving said east line north 88 degrees 40 minutes 58 seconds west, a distance of 1285,80 feet; thence south 1 degree 10 minutes 35 seconds east, a distance of 523.35 feet; thence south 0 degrees 00 minutes 00 seconds east, a distance of 137.19 feet; thence north 88 degrees 41 minutes 53 seconds west, a distance of 3959.46 feet to the east line of aforesaid Section 6; thence south 0 degrees O0 minutes 00 seconds east along said east line a distance of 3038.77 feet to the point of beginning. Said described tract contains 371.460 acres, more or less. More generally described as those properties adjacent to or abutting Hunters Road, Livingston Road, and Daniels Road. f. Areas North of Radio Road - located within Section 31, Township 49 South, Range 26 East, Collier County, Florida, generally described as those properties adjacent to or abutting San Marco Boulevard, St. Clair Shores Road, Owen Lane, and Family Circle Lane. g. All of Section 8, Township 50 South, Range 26 East (excluding Falling Waters); Parts of Section 9, Township 50 South, Range 26 East; Parts of. Section 16, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; and Part of Section 7, Township 50 South, Range 26 East all of Collier County, Florida; more specifically described as those properties adjacent to or abutting Heritage Trail, Unity Way, Cope Lane; Crews Road, County Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd., Sandy Lane Adkins Avenue, Everett Street, Polly Ave., Wendy Lane, Landsdale Lane and Cynthia Way. h. Those areas lying within the Key Marco Community Development District. Exclusion of the Key Marco Community Development District recognizes that this area is outside the Collier County Water-Sewer District. i. All those areas lying within the Collier County Water and Wastewater Authority certificated areas of Florida Cities Water Company, and F~oHda Water Services Corporation (formerly known as Southern States Utilities, Inc.), or their successors or assigns, located within Collier County, Florida. (The only exceptions to this provision to provide service within these certificated areas may exist when the parties enter into a written agreement for water service to be provided by the County.) J. All those areas located within the City of Naples service areas as described in the October, 1977 City/County Agreement and amendments thereto, or other geographic areas within the City of Naples that are not served by the County with 42 ! 6 20 the respective water and/or waste water service. k. Area of CR951 and US41: one mile sections that run west of the Collier County Water-Sewer District Boundary described as follows: All of Section 36, Township 49 Soulh, Range 26 East; All of Sections 1, 11, 14, 23, 26 and 35, Township 50 South, Range 26 East All of Section 2, Township 51 South, Range 28 East; Parts of Sections .1, 11, and 12, Township 51 South, Range 26 East; Parts of Sections 7, 8, 16, 17, 18, 20, 21, 22, and 27, Township 51 South, Range 27 East, all of Collier County, Florida. I. Parker Hammock Subdivision (not platted) as described as follows: located within Section 16, Township 50 South, Range 26 East, Collier County, Florida, generally described as those properties adjacent to or abutting the north side of Rattlesnake Hammock Road, east of Shadow Wood Villas and west of Huntington Woods; shown on property appraiser tax map as Lot 13 through Lot 44. 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; Lands 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: a. Those areas lying within the Pine Ridge Subdivision as shown in Plat Book 3, Page 24, Public Records of Collier County, Florida. b. Exclusion of the following areas in Pine Ridge Subdivision, Pine Ridge Extension, and Pine Ridge Second Extension recognizes that the nature ,of the previous development, the platting of these areas primarily into large residential tracts and the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make it economically impractical to serve most of these areas in the foreseeable future via the Regional Water and/or Regional Sewer Systems or any other centralized water or centralized sewer utility. (1) Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida, (2) Pine Ridge Extension, Plat Book 4, Page 29, Public Records of Collier County, Florida, (3) Pine Ridge Second Extension, Plat Book 10, Page 86, Public Recordsef Collier County, Florida. (4) Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier County, Florida. c. Coconut Creek, Unit 1, according to Plat Book 1, Page 108, Public Records of Collier County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public Record of collier County, Florida; Coconut Creek, Unit 3, Plat Book 3, Page 48, Public Records of Collier County, Florida; Westvlew Plaza, Plat Book 13, Page 50, Public Records of Collier County, Florida; more specifically described as those properties 43 16 20 adjacent to or abutting Lorraine Road, Kathy Street, Gall Boulevard, Esther Street, Donna Road, Westview Drive, and on North Road. d. Four Seasons, according to Plat Book 10, Page 95, Public Records of Collier County, Florida; and Four Seasons Unit 2, according to Plat Book 12, Page 6, Public Records of Collier County, Florida. .. e. Quail Woods (previously known as Edgewild), according to Plat Book 13, page 44, Public Records of Collier County, Florida; more specifically described as all single family lots adjacent to or abutting "The Lane." f. Tall Pines, according to Plat Book 12, Page 70, Public Record of Collier County,' Florida; 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 County, Florida; Isle of Capri Business Section, according to Plal Book 3, Page 52, Public Records of Collier County, Florida. D. Payment. 1. For purposes of the Water and Sewer Impact Fees, Development shall be subject to the payment of Impact Fees under this Section 74-303, upon the first occurrence of any of the following: a. Subject to Subsection 74-201.D.4, whenever any Building or use which has not previously paid the applicable Water and/or Sewer Impact Fees under this Chapter, or any predecessor Ordinance in function, connects to the Regional Sewer System and/or the Regional Water System; b. Any Building or use is connected, or interim water and/or sewer systems, is connected either directly or indirectly, to the Regional Water System and/or Regional Sewer System; or c. Whenever (i) any person applies for a Building Permit to construct (or place or install) a Building or utilize a use or Development improvement within the boundaries of the Collier County Water-Sewer District, even though the subject lands are then receiving (or may in future receive) interim water and/or sewer services from a soume other than the Collier County Water-Sewer District, or (ii) do not then request any such service but are located in a place where it is physically possible to effect a physical interconnection with the respective Regional Water-Sewer District's facilities. This last provision is to preclude the possibility of unauthorized interconneclions without first paying to the County all then applicable Water and/or Sewer Impact Fees. d. Whenever a person applies for a Building Permit to alter an Building, use or applicable Improvement then connected to the Regional Water System and/or Regional Sewer System, if such alterations increase the demand or the potential demand on the Regional Water System and/or Regional Sewer System. 2. Subject to availability of funds, the County may enter into agreements to extend payment (offer Installment payments) of Water and/or Sewer Systems Impact Fees and associated costs over a period not to exceed seven (7) years with Owners of then existing Buildings, structures or applicable improvements which are mandated to 44 connect to the Regional Water and/or Regional Sewer Systems. entering into any agreements to extend payments, and from time-to-time thereafter, the Board shall identify a specific source of funds to be used relative to providing extended payment and the cost of such funds, including all expenses and costs incidental to obtaining or providing same, including interest at the interest rate that the Board or the Public Utilities Administrator will employ in offering extended payment with interest, and a reasonable estimation of the administrative costs of expenses associated with administering the extended payment alternative to the respective land(s), a. The County shall only enter into agreements to extend installment payment of the Water and/or Sewer Systems Impact Fees and associated costs with Owners of then existing buildings, structures or applicable improvements, mandated to connect to the Regional Water and/or Regional Sewer Systems. b. The amount of payment, including any title verification expenses and a reasonable estimation of the cost and expense associated with providing an extended payment alternative, shall be paid in equal monthly payments with an annual interest rats as determined by the State Comptroller's Office. State document stamp and recording fees will be upfront costs borne by the owner and shall be paid in full at the time the extended payment agreement is executed. The interest rate charged shall be representative of the County's cost of funds, including all expenses or costs incidental to obtaining or providing same, if any. The interest charged should be adjusted during January of any calendar year in accordance with the then applicable ordinance (currently Ordinance Nos. 96-17 and No. 96-18) and shall be based on the County's cost of funds for the immediately preceding .fiscal year. Failure to make such an adjustment in any given January shall not preclude retroactive adjustments of such interest rates. c. With the exception of the approval and execution of agreements, or an aggregation of related agreements, with a face amount in excess of $6,000, the Board hereby delegates to the Public Utilities Administrator the power and authority to enter into, modify, and release such extended payment agreements in conformance with the provisions of this chapter. The Standard Form agreement, and any other associated documentation, shall be in a form approved by the Board and acceptable to the County Attorney. No such Standard Form Agreement shall be modified unless, in the opinion of the County Attorney, there then exists a compelling reason to do so. Each such agreement shall be recorded in the Official Records upon approval of the Public Utilities Administrator. d. For an agreement, or an aggregation of related agreements, to .... extend Payment of Impact fees and associated coste with a face amount in exce-~-~ of $6,000, the County shall require the procedure and documentation for extending payments to substantially and reasonably conform to generally accept,ed and reasonably applicable commercial lending practices, including but not limited to the requirement for acceptable personal guarantees from one or all of the Owners (or individuals owning a beneficial interest therein. At its sole option the County may contract with outside counsel or a servicing agent to prepare such documentation and to advise the County relative to conformance with generally accepted commercial lending practices and the 45 16 20 costs of same shall be borne by the Owner. e. Upon satisfactory payment of all principal, interest, and associated costs under an extended payment agreement, the County shall execute a Satisfaction of Lien and record same in the Official Records of Collier County, A copy of the recorded Satisfaction of Lien will be mailed (to the mailing address provided to the County by the other contracting party) by regular U.S. mail to the record Owner within sixty (60) days from receipt of full payment. f. In recognition that the payment of the Water and/or Sewer Systems Impact Fees for then existing mobile home park or rental housing will generally, in some manner, be passed thrOugh to the occupants by an Owner, and in recognition that if such pro-rata Impact Fee pass-through is collected as one single payment by the Owner, that such a pass-through may cause financial hardship on these occupants, the Board, in its sole discretion, may require the Owner to covenant and agree, for the benefit of all affected persons, to pass through entirely and on the same terms all the benefits of any extended payment of the Impact Fees to the offected persons, E. Use of Funds. See Section 74-203. F, Impact Fee Rates, The Water and Sewer Impact Fee Rate Schedule incorporated in Schedule 2 is hereby adopted and the Water and Sewer Impact Fees established in the Water and Sewer 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. Section 74-304. Special Requirements For Parks and Recreation Impact'Fee. A, Short Name, This section may be known as "Special Requirements for Parks and Recreation Impact Fee." B. Purpose.' · The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Parks and Recreation Impact Fees. C. Limitation'on Applicability. See Section 74-103. D. Payment. See Section 74-202. E. Use of Funds, See Section 74-203. F. Impact Fee Rates. The Parks and Recreation Impact Fee Rate Schedule incorporated in Schedule 3 is hereby adopted and the Parka and Recreation Impact Fees established in the Parks and Recreation 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. Section 74-305, Special Requirements For Library Impact Fee. A. Short Name. This section may be known as "Special Requirements for Library Impact 46 · ' 16A20 Purpose. The purpose of this section is to tailor the general common requirements of the Ordinance to the specific requirements of Library Impact Fees. C. Limitation on Applicability. See Section 74-103, DJ, Payment. See Section 74-202. E. Use of Funds. See Section 74-203. F. Impact Fee Rates. The Library Impact Fee Rate Schedule incorporated in Schedule 4 is hereby adopt*ed and the Library Impact Fees established in the Library 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. Section 74-306. Special Requirements For Emergency Medical Services Impact Fee. , A. Short Name. This section may be known as "Special Requirements for Emergency Medical Services Impact Fee." B. Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Emergency Medical Services Impact Fees, C. Limitation on Applicability. See Section 74-103. D. Payment. See Section 74-202. E. Use of Funds. See Section 74-203. F. Impact Fee Rates. The Emergency Medical Services Impact Fee Rate Schedule incorporated in Schedule 5 is hereby adopted and the Emergency Medical Services Impact Fees established in the Emergency Medical Services 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. Section 74-307. Special Requirements For Educational Facilities Impact Fee. A. Short Name. This section may be known as "Special Requirements for Educational Impact Fee." B. Purpoae. The purpose of thls section ts 'to tailor the general common requirements of this chapter to the specific requirements of Educational Impact Fees. In addition, the Board recognizes that the School Board Policy Is that the Improvements and additions to the Educational system required to accommodate future growth shall be funded by the revenue derived from the Impact Fees as well as by existing revenue sources, therefore credit shall be given for tax revenue sources which have been utilized in prior years for the funding of Educational System improvements or additions. In the event 47 that this policy is altered by the subsequent action of the School Board, or if additional revenue is received and committed to necessitated improvements and additions of the Educational system, the Impact Fee shall be adjusted at the periodic review required herein and credit shall be given for any revenue which has been utilized for growth- required improvements and additions to the Educational system. Limitation on Applicability. See Section 74-103. D. Payment. See Section 74-202. E. Use of Funds. See Section 74-203. F. Impact Fee Rates. The Educational Facilities Impact 16A20 Fee Rate Schedule (Schedule) established in Schedule 6 is hereby adopted by reference to the Schedule. The Educational Impact Fee rate to be imposed on any Development is lhe rate established in the then adopted Schedule as such rate may be set forth for a certain Impact Fee Land Use Category, and as such rate in the Schedule may, from time to time, be amended. Notwithstanding any other provision of this chapter, Educational Impact Fees will be imposed on individual sites in Recreational Vehicle Parks at the same rate as may then apply to Mobile Home sites, unless the Schedule, as now adopted, or as may hereafter be amended, provides otherwise. Section 74-308. Special Requirements For Correctional Impact Fee. A. Short Name. This section may be known as "Special Requirements for Correctional Impact Fee," B. Purpose, The purpose of this section is to tailor lhe general common requirements of this chapter to the specific requirements of Correctional Impact Fees. C. Limitation on Applicability. See Section 74-103. D. Payment. See Section 74-202. E. Use of Funds. See Section 74-203. F. Impact Fee Rates. The Correctional Impact Fee Rate Schedule incorporated in Schedule 7 is hereby adopted and the Correctional Impact Fees established in the Correctional 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. Section 74-309. Special Requirements For Fire Impact Fee. A. Short Name. This section may be known as "Special Requirements for Fire Impact Fee." B. Purpose. 1, The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Fire Impact Fees. 2. The Board specifically finds that future growth within the Isles of Capri Fire District and the Ochopee Fire District should contribute its fair share to the 48 cost of improvements and additions to the fire facilities that are required to accommodate the use of such facilities within the Districts. 1 6A20 C. Limitation on Applicability. Notwithstanding the General Applicability provisions set forth in Section 74-103, Fire Impact Fees shall be limited as follows: ,. 1. For purposes of the Fire Impact Fees, Development shall include only Development on lands within the Isles of Capri Fire District and the Ochopee Fire District as described below. 2. The Fire Impact Fee shall provide funds only for Off-site Improvements to fire facilities within the Fire Impact Fee District where the Development is located. 3. The Board of County Commissioners hereby establishes the following Fire Impact Fee Districts: Isles of Capri Fire District: Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34 of Township 51 South, Range 26 East, and those portions of Sections 4, 5, and 6 of Township 52 South, Range 26 East, which lie north of the Marco River. Ochopee Fire District: All of Township 50S of Range 34E; Township 51S of Range 34E; Township 52S of Range 34E; Township 53S of Range 34E; Township 50S of Range 33E; Township 51S of Range 33E; Township 52S of Range 33E; Township 53S of Range 33E; Township 50S of Range 32E; Township 51S of Range 32E; Township 52S of Range 32E; Township 53S of Range 32E; Township 50S of Range 31E; Township 51S of Range 31E; Township 52S of Range 31E; Township 53S of Range 31E; Township 50S of Range 30E; Township 51S, Range 30E; Township 52S, Range 30E; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and that portion of Chokoloskee Island contained in Sections 30 and 31, Township 53S,' Range 30E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, Township 52S, Range 29E; Sections 1, 2, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 35, and 36, Township 52S, Range 29E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and 36, Township 53S, Range 29E; including the incorporated area of the city of everglades being more particularly described as the Town of Everglades as described in Plat Book 1, pages 87-95 of the Public Records of Collier County, Florida; and including Sections 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, and 24, Township 52S, Range 28E; Sections 35 and 36 and all that area south and east of State Road 92 within Section 34, Township 51S, Range 27E; Section 1, Township 52S, Range 27E. D. Payment. See'Section 74-202. E. Uae of Funds. See Section 74-203. F. Impact Fee Rates. The Fire Impact Fee Rate Schedule incorporated in Schedule 8 is hereby adopted and the Fire Impact Fees established in the Fire Impact. Fee Rate Schedule are hereby imposed on all Development as required in this Ordinance at a rate established under the applicable Impact Fee Land Use Categories. "High rise development" is intended to mean three stories and higher. 49 16A20 ARTICLE IV AFFORDABLE HOUSING IMPACT FEE WAIVER OR DEFERRAL Section 74-401. Impact Fee Waiver or Deferral. A. To qualify for an Affordable Housing Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: 1. The Owner(s) or anticipated Owner(s) of Dwelling Unit must have a very Iow, Iow, or moderate income level, at the time of final execution by the County of waiver or deferral agreement as those income level terms are defined in Section 4.02, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Section 4.02, A Dwelling Unit shall qualify as "owner- occupied" if a written affirmation from the developer to the County-guarantees the requisite affordable housing units will be constructed, and the affirmation is in effect at the date of execution of the Impact Fee waiver or deferral agreement by the County and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the-affirmation whichever is later, any option to purchase is exercised d the purchaser takes ownership of Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be immediately paid unless the Dwelling Unit is sold to another qualifying Owner. 2. The Owner, or if there is more than one Owner, c,~,c both of the Owners, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not have had an ownership interest in his/her primary residence in the past lhree (3) years. 3. The Dwelling Unit must be the homestead of the Owner(s). 4. The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit, unless the Impact fee is paid in full to the County. B. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: 1. The household renting the Dwelling Unit, including any Multi-family Dwelling Unit, must have a very Iow or Iow income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in Section 74-402 and the amount of rent must be within the Affordable Housing guidelines established in Section 74-402, 2. The Dwelling Unit must be the household's permanent residence. C. All Impact Fees deferred for owner-occupied Dwelling Unit at the time the Building Permit was issued shall become due and payable and sh~ll be immediately paid in full to the County upon the sale of the Dwelling Unit to a non-qualified purchaser; provlded, however, If the Impact Fee deferral was paid with State Housing Initiatives Partnership (SHIP) Program funds, payment will be made to the Collier County affordable housing trust fund. For purposes of this Article, a non-qualified 50 .. 16A20 purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection A above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. D. Deferred Impact Fees for rental dwelling units, including any Multi-family Dwelling Units, shall in all events be due and payable not later than six (6) years and nine (9) months after the execution of the impact fee deferral agreement by the County. Such fees shall be accelerated and automatically be due and payable prior to that time period if there is any breach of the subject Impact Fee Deferral Agreement by the non- County party. E. 'Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately paid to the County if the Dwelling Unit is sold or transferred to a non-qualified purchaser dudng the fifteen (15) year period after the certificate of occupancy was issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partr)ership (SHIP) Program funds, payment will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with this Article for fifteen (15) years after the date the certificate of occupancy was issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the subject property shall be released. F. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit, including any Multi-family Dwelling Unit, shall be the percentage set forth in Section 4.02 below. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Article and the Agreement have been satisfied. , , G, Rentals & Owner Occupied Dwelling Units. 1. Annually, the Owner (i.e., Lessor) of a rental Dwelling Unit, including any Multi-family Dwelling Unit, shall provide to the County Manager an affidavit of compliance .with the criteria set forth in this Section. The affidavit must be filed within thirty (30) days of the anniversary date of the Issuance of a certificate of occupancy. If the affidavit is not filed on time the Affiant shall pay to the County a fifty dollar late fee, If the income of any unit renter which originally qualified as very Iow or Iow income level as defined in Section 74-402 below exceeds the Affordable Housing benefit standards set forth in Section 74-402 by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Houeing etandarde eet forth in Section 74-402 below. Developments which are_then monitored by the Florida Housing Finance Corporation, or any other state or federal agency, will not be required to file this separate affidavit of complian.ce with the County Manager. 2. If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Section 74- 402 below, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be paid in full upon 51 16A20 sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Waiver or Deferral Agreement and the Affordable Housing criteria set forth in this Article for fifteen ('15) years after issuance of the certificate of occupancy. H. The Owner receiving an Impact Fee waiver or deferral shall enter into a Waiver or Deferral Agreement of Impact Fee Agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Article: 1. The legal description of the Dwelling Unit. '2. Where an Impact Fee waiver or deferral is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Development must be sold or rented to households meeting the criteria set forth in this Article in order to maintain the waiver or deferral. Impact Fee waivers or deferrals paid for with State Housing Initiatives Partnership (SHIP) Program funds will only be gran. ted directly to buyers meeting Section 74-402's qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as "owner-occupied" if a written affirmation by the developer to the County guarantees the requisite affordable housing units will be constructed, and the affirmation is in effect at the date of execution by the County of the Impact Fee Waiver or Deferral Agreement and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the affirmation, whichever is later, any option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be paid immediately unless the subject property is sold to ar)other qualifying Owner. 3. For each such owner-occupied Dwelling Unit, the amount of Impact Fees deferred shall be paid to the County in full upon the sale or transfer to a non- qualified purchaser. If Impact Fees were paid with State Housing Initiatives partnership (SHIP) Program funds, payment in full will be made to the Collier County Affordable Housing Trust Fund. For rental units, including any Multi-family Dwelling Unit, the Impact Fees deferred shall in all events be due and payable no later than six (6) years and nine (9) months after the execution by the County of the impact fee deferral Agreement. Such fees shall be accelerated and thereby be automatically due and payable prior to that time period if there is any breach in the-subject Impact Fee Deferral Agreement by the non-County party. 4. For owner-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Units must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with this Article for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Impact Fees shall be paid in full . to the County before the closing becomes final. If not so paid, the obligation shall be a lien on the dwelling unit under the following subsection. If Impact Fees were paid with 16 20 State Housing Initiatives Partnership (SHIP) Program funds, repayment will be made to the Collier County affordable housing trust fund. 5. The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the Agreement. The Agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the Agreement or upon payment in full. In the case of a deferral, such release shall be recorded upon payment in full. Neither the deferred and/or waived Impact Fees nor the Agreement providing for the waiver and/or deferral of Impact Fees shall be transferred, assigned, credited or otherwise conveyed from the Dwelling Unit. The deferrals and/or waivers of Impact Fees and the Agreement thereto shall run with the land. 6. Annually, the Owner of a rental Dwelling Unit, including any Multi- family Dwelling Unit, shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Article. The affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the affidavit is not filed on time the Affiant shall pay to the County a fifty dollar late fee. If the income of any home renter or duplex unit renter which originally qualified as very Iow or Iow income level as defined in Section 74-402 below exceeds the Affordable Housing benefit standards set forth in Section 74-402 by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Section 74-402 below. Developments which are monitored by the Florida Housing Finance Corporation or similarly monitored by any other state, or federal agency will not be required to file this separate affidavit of compliance with the County Manager. 7. Upon satisfactory completion of the Agreement's requirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. 8. In the event the Owner is in default under the Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement or declare that the waived or deferred Impact Fees are then immediately due and payable. The Board shall be entitled to recover all fees and costs, Including attorney's fees and costs, incurred by the County in enforcing the Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 9. The Agreement shall be binding upon the Owner's successors and assigns. 10. The Agreement shall be recorded in the Official Records of Collier County at no cost to the County. I. The amount of Impact Fee waivers and deferrals granted pursuant to this 53 " appropriated-by~eJ~oar~d Q its final Article shall be limited, in lotal, to the amount public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by chapter 114, article III of this Code. Fees waived or deferred shall be paid by the Board into the appropriate Impact Fee Trust Account within six (6) years and nine (9) months from the date of the award of a waiver and/or deferral as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the appropriate Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years and nine (9) months from the date of such waiver, or deferral, but in no event, later than the time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the appropriate Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years and nine .(9) months from the date of such waiver, or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or deferrals must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Dwelling Units serving the very Iow and Iow income levels. J. Any changes or amendments to this Article or the minimum funding requirements adopted in this Article must occur as an ordinance amendment at a public hearing of the Board of County Commissioners, K. Agreements for the waiver or deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: 1. single family residences that are fully detached, and either owner- occupied or rental dwelling units, or 2. owner-occupied or rental dwelling units in a residential duplex, or 3. rental (leased) multi-family dwelling units. Owner-occupied multi-family dwelling units are not eligible for the deferral or waiver of any impact fee. L. Notwithstanding any provisions elsewhere in this Chapter to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in whole or part of Multi-family Dwelling Units serving very Iow and/or Iow Income levels and meeting all requirements, and subject to all conditions, of this Article shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Multi-family Dwelling Units serving very Iow and/or Iow income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years and nine (9) months_from the date such Impact Fees are deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under this Article) for a minimum of 15 years. M. Impact fee waivers or deferrals for only single family, detached 54 .. 16A20 residences, or duplexes, as owner occupied dwelling units, will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee waivers or deferrals may also be similarly subordinated in the case of rental Dwelling Units, including any Multi-family Dwelling Units, but only if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. Section 74-402. Affordable Housing Definitions, Benefit Standards and Limitations. A. The following sets forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fees waivers and deferrals (herein referred to as "benefits"). 1. Definitions of Affordable Housing Income Groups. a. "Very Iow Income families" means families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. b. "Low Income families" means families whose incomes are more than fifty percent (50%) but do not exceed sixty percent (60%) of the median income for the area by the Secretary of the U.S. Department of Housing and Urban Development. c. "Moderate Income families" means families whose incomes are more than sixty percent (60%) but do not exceed eighty percent (80%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Corporation for rents adjusted to bedroom size in projects assisted under the, Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. 2. Benefit Standards. a. Affordable Housing owner-occupied Dwelling Units which exclusively serve very Iow income families and which are the owner's homestead shall have one hundred pement (100%) of the applicable Impact Fee waived pursuant to the terms hereof. b. Affordable Houslng rental Dwelling Units which exclusively serve very Iow or Iow income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms hereof. c. Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income families and which are the owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact Fee deferred pursuant to the terms hereof. 1 6A20 d. Affordable Housing owner-occupied Dwelling Units shall exclusively serve moderate income families and which are the owner's homestead shall be required to pay twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five percent {75%) of the applicable Impact Fee deferred pursuant to the terms hereof. e. Development which meets the criteria set forth in Section 74-401.A and 74-401,B constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the terms hereof. ARTICLE V MISCELLANEOUS PROVISIONS Section 74-501. Collection of Impact Fees in Default. Whenever the County determines that an Impact Fee was not paid prior to the issuance of a Building Permit for the affected Development, the County shall proceed to collect the Impact Fee as follows: A. The County shall serve, by certified mail, return receipt requested, or by any other then lawful means of delivery, a "Notice of impact Fee Statement" upon the Applicant at the address set forth in the application for Building Permit, and the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The County shall also attach a copy of the "Notice of Impact Fee Statement" to the Building Permit posted at the affected Development site .if the Building is under construction. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the App!icant or the Owner or the date said notice was attached to the Building Permit, whichever occurs first, or by any other evidence of the date that the "Notice" was received by the addressee. The "Notice of Impact Fee Statement" shall contain a description of the property and shall advise the Applicant and the Owner as follows: 1. The amounts due as calculated under Section 74-201 and each of Sections 74-302 through 74-309, inclusive, and the general purpose for which the Impact Fee was imposed; 2. The date that the Impact Fee became delinquent, and that as of that date the unpaid Impact Fee became subject to the delinquency fee, and that interest began to accrue on that date, and that such interest will continue to accrue thereafter until all amounts due are paid in full; 3. That in the event the Impact Fee and the delinquency, fee are paid in full within thirty (30) ;lays after receipt of the "Notice," all interest that would have otherwise accrued will be waived; 4. That in the event the Impact Fee is not paid in full within thirty (30) day;i after receipt of the "Notice", a lien against the property for which the Building Permit was secured may be recorded in the Official Records Book of the County for all 56 B. Upon becoming delinquent, a delinquency fee equal to 10% of the total Impact Fee imposed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments calculated on a calendar day basis, until paid in full, as required in 74-501 A. 3. or 4., above. C. Should the Impact Fee not be paid promptly as set forth in Section 74- 501 .B, the County shall serve, by certified mail return receipt requested, or by any other then lawful means of delivery, a "Notice of Lien" upon the delinquent Applicant, if the Building is under construction at the address indicated in the application for the Building Permit, and upon the delinquent Owner or Trustee at the address appearing on the most recent records maintained by the Property Appraiser of the County. The Notice of Lien shall notify the delinquent Applicant and delinquent Owner or Trustee that due to their failure to pay the Impact Fee, the County may file a Claim of Lien with the Clerk of the Circuit Court. D. In the event the recipient of a Notice of Delinquency or Claim of Lien disputes any material aspect of either Notice, the applicant, upon paying the impact fee amounts set forth in the respective Notice, may file a written Appeal Petition with the Board not later than thirty (30) days after receipt of such Notice. In reviewing the decision, the Board shall use the standards established herein. The Appeal Petition must advise the Board of all disputed issues regarding the amount due and shall explain the precise basis the Applicant asserts that the Notice is incorrect. E. If the total Impact Fees have not been received by the County within thidy (30) days of the posting of the Notice of Claim of Lien (or receipt of the Notice by the Owner or Trustee), the County Attorney may then, regardless of the filing of any Appeal Petition, request the Board to approve, at a regularly scheduled public meeting, the filing of a Claim of Lien with the Clerk of the Circuit Court and recording same in the Official Records of the .County. The recorded Claim of Lien shall contain the legal description of the property, the amount of the delinquent Impact Fee, plus the delinquency fee and interest, and the date lhe impact fee became due. Once recorded, the Claim of Lien shall constitute a lien against the property described therein. The County Attorney may proceed expeditiously to collect, foreclose, or otherwise enforce said lien. F. After the expiration of thirty (30) days from the date of recording of the Claim of Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity w;ih the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, as then amended, which provi.sions are hereby Incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. G. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. 57 " H. The foregoing paragraphs of this Section notwithstanding, all Impact Fees not paid to the County in full when due shall automatically become "delinquent." Moreover, when any Impact Fees becomes delinquent anywhere throughout the unified whole of the respective Development, the County is authorized to withhold every Ihen unissued development order(s) applied for by, or on behalf of, the landowner or the developer, and In addition apply any and all of the civil penalties and remedies set forth in the Enforcement Division of the Collier County Land Development Code until all such delinquent Impact Fees have been paid to the County in full. "Development Order" shall mean each item included in the definition of "Development Order" as then defined in Collier County's "Adequate Public Facilities Ordinance" and/or as then defined in Section 163.3614, Florida Statutes, (as may then be renumbered). In this context, 'phases in phased developments shall be disregarded. I. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, all other applicable procedures provided in any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of Florida. Section 74-502. Update Requirement, A. This chapter and the Impact Fee Studies shall be reviewed by the Board initially in connection with its approval of the capital improvements element of its Comprehensive Plan as then, and to the extent, required by Section 163.3177, Florida Statutes. This Chapter and the Impact Fee Studies should be reviewed at least .every lhree (3) years. All reviews shall consider new estimates of population and other socioeconomic data; changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions or findings set forth in the studies adopted by Section 74-106. The purpose of this review is to evaluate and revise, if assure that they do not exceed the reasonably anticipated costs associated with the improvements and additions necessary to offset the demand on the Public Facilities generated by Development. In the event the review of this Chapter alters or changes the assumptions, conclusions and findings of the studies adopted by reference in Section 74.106, revises or changes the Public Facilities, or alters or changes the amount of Impact Fees, the studies adopted by reference in Section 74-106 shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews; also Section 74-106 shall be amended to adopt by reference such updated studies. B. Simultaneous with the review of the Impact Fee Studies required in Subsection A of this Section, the Board shall review the capital improvements element to determine the availability and adequacy of revenue sources to construct Improvements and additions to the Public Facilities determined in the Impact Fee Study to be required to accommodate existing development. Section 74-503. Incorporation of Administrative Procedures Manual. The currently existing administrative procedures manual(s) for 'the Public 58 16 20 Facilities Impact Fee are incorporated and referenced herein except to the extent that it conflicts or varies the terms of this chapter. Such administrative procedures manual(s) shall continue to be incorporated and referenced herein until such time as amended by resolution or other action of the Board. Section 74-$04. Declaration of Exclusion from Administrative Procedures Act. Nothing contained in this Chapter shall be construed or interpreted to include the County or any municipality in the County in the definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject the County, any municipality, District, or other entity in the County to the application of the Administrative Procedures Act, to wit: Chapter'120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Chapter including specifically, but not limited to, consideration of a determination of entitlement to an Impact Fee Waiver or Authorization for Deferral pursuant to Section 74-202. , SECTION TWO. APPENDICES FOR IMPACT FEE RATE SCHEDULES & DISTRICT BOUNDARIES. The Impact Fee Rate Schedules referenced in Section 74-201.B., of this Ordinance are hereby included as Appendix A, attached hereto, and the Road Impact Fee District boundaries referenced in Section 74-302.E., of this Ordinance are hereby included as Appendix B, attached hereto, and both appendices are a part of this Ordinance as if set forth fully herein. SECTION THREE. CONFLICT AND SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the event it is held or construed by any court of competent jurisdiction 'that the County does not possess the power or authority to impose the Impact Fee within municipal areas or that the imposition of the Impact Fees within municipal areas is declared invalid or unconstitutional for any purpose, such declaration of unconstitutionality of the imposition of the Impact Fee in the unincorporated area of the County and it is the intent of the County, in such event, that such imposition of Impact Fees in the unincorporated areas remain valid and in force. SECTION FOUR. REPEAL OF ORDINANCES. This Ordinance repeals and supercedes in their entirety the following Ordinances: Collier County Ordinances: Ordinance No. 98-69, the C .oilier County Water and/or Wastewater Systems Impact Fee Ordinance; Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Ordinance No. 99- 39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance;. Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services 16 20 System Impact Fee Ordinance; Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Ordinance; and Collier County Ordinance No. 98-30, The Isles of Capri and Ochopee Fire Impact Fee Ordinance. SECTION FIVE, INCLUSION IN CODE OF LAWS AND ORDINANCES, The provisions of this Ordinance, including the Appendices, shall become and 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 Department of State. THIS ORDINANCE WAS DULY ADOPTED in regular session, this 13~h day of Mar.c,h, 200.!. · :.~:~:.¢,~t.,!~t~'4.., ~. . · . ?, I~1.~ ,,,Fl.~'. '/.'. ~ /'~" ~ DWIG HTE .' ~OC~ qLERK /. C. '. C · · '. " '. ' ' '~ % ~. : '::, %; "' ~.Depuly cTerk, ;... ;i~ ~.:. Approved ~8'to form and legal sufficien~ I Thomas G. ~almor -. ~s~istant Gollior Goun~ ~tom~y Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~ JAMES.. CARTER, Ph.D.,CHAIRMAN This ordinance filed wltfl ~'e Secretary of State's Office the /~ day of/3'h°~')'. ~K) 0 t and acknowledgemen~t of that filing_~recelv~d thll ~ day 6O 16A20 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. 2001-13 Which was adopted by the Board of County Commissioners on the 13th day of March, 2001, during Regular Session. , WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16TH day of March, 2001. DWIGHT E. BROCK Clerk of Courts Ex-officio to County Commi s s~i.~.~! APPENDIX A SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE 16 20 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 Congregate Care Facility (ACLF) Condominium/Townhouse Mobile Home Retirement Home High-Rise Condominium Hotel Motel Resort Hotel RV Park Recreation Golf Course Movie Theaters Marina Institutional Hospital Nursing Home Church Elementary School Middle School __ High School Jr./Community College University Day Care $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 Unit $1,053.00 Dwelling Unit $1,012.00 Dwelling Unit $1,079.00 Dwelling Unit $1,762.00 Per Room $892.00 Per Room $1,550.00 Per Room $1,065.00 Dwelling Unit $156,334.00 18 Holes $10,571.00 Per Screen $862.00 Boat Berth $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 A-1 16A20 APPENDIX A SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Office_ Office 50,000Sq Ft or less Office 50,001-100,000Sq Ft or less Office 100,001-200,000Sq Ft or less Office 200,001-400,000Sq Ft or less Office Greater than 400,000Sq Ft Medical Office Retail Specialty Retail Retail 50,000Sq Ft. or less Retail 50,001-100,000Sq Ft Retail 100,001-150,000Sq Ft Retail 150,001-200,000Sq Ft Retail 200,001-400,000Sq Ft Retail 400,001-600,000Sq Ft Retail 600,001-1,000,000Sq Ft Retail greater than 1,000,000Sq Ft Pharmacy/Drug Store w/Drive-Thru Home Improvement Superstore Restaurant: High Turnover Restaurant: Low Turnover Restaurant: Drive-in Service Station Supermarket Quick Lube Convenience Store Convenience Store w/Gas Pumps Convenience Store/Gas/Fast Food Services Auto Repair/Body Shop Tire Store New/Used Auto Sales B ank/S avings: W alk-in $3,947.00 1000 Sq. Ft. $3,361.00 1000 Sq. Ft. $2,861.00 1000 Sq. Ft. $2,436.00 1000 Sq. Ft. $2,218.00 1000 Sq. Ft. $7,266.00 1000 Sq. Ft. $6,110.00 1000 Sq. Ft. $3,358.00 1000 Sq. Ft. $3,838.00 1000 Sq. Ft. $3,911.00 1000 Sq. Ft. $4,032.00 1000 Sq. Ft. $4,514.00 1000 Sq. Ft. $4,750.00 1000 Sq. Ft. $4,984.00 1000 Sq. Ft. $5,051.00 1000 Sq. Ft. $3,589.00 1000 Sq. Ft. $4,354.00 1000 Sq. Ft. $10,575.00 1000 Sq. Ft. $9,310.00 1000 Sq. Ft. $21,161.00 1000 Sq. Ft. $2,405.00 Per Pump $4,418.00 1000 Sq. Ft. $4,570.00 Per Bay $11,468.00 1000 Sq. Ft. $6,913.00 Per Pump $13,182.00 1000 Sq. Ft. $4,456.00 1000 Sq. Ft. $3,268.00 Per Bay $8,093.00 1000 Sq. Ft. $6,636.00 1000 Sq. Ft. A-2 APPENDIX A SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) 16A20 B ank/S avings: D rive-in Car Wash $11,125.00 1000 Sq. Ft. $10,017.00 Per Bay Industrial and Aericulmral. General Industrial Business Park (Flex-space) Mini-Warehouse $2,279.00 1000 Sq. Ft. $4,385.00 1000 Sq. Ft. $567.00 1000 Sq. Ft. A-3 APPENDIX A SCHEDULE TWO WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE 16 ,20 RESIDENTIAL LIVING BASIS OF FEE METER ERC WATER SPACE ALLOCATION SIZE IMPACT (Sq. Ft.) FEE SINGLE FAMILY 0 to 4,999 Per Unit (No more than Sq. Ft. 4 Bathrooms) SINGLE FAMILY (More than 4 Bathrooms) MULTI-FAMILY DUPLEX MOBILE HOME TRAVEL TRAILER/ R.V. (TTRV) MULTI-FAMILY UPLEX iOBILE HOME MULTI-FAMILY DUPLEX MOBILE HOME 3A" 1.0 $1,275.00 Over 5,000 Meter Size/ Per n/a Based on Sq. Ft. Per Unit Ordinance Meter Size 0 to 750 Per Unit Per Sq. Ft. Per Unit Ordinance Per Unit or Space Per Unit or Space 751 to 1,500 Per Unit Per Sq. Ft. Per Unit Ordinance Per Unit or Space 1,501 or More Per Unit Per Sq. Ft. Per Unit Ordinance Per Unit or Space WATER METER SIZE NON-RESIDENTIAL: SEWER IMPACT FEE $1,575.00 $1,575.00 .33 $ 420.00 $ 520.00 .67 $ 855.00 $1,055.00 1.0 $1,275.00 $1,575.00 WATER SEWER IMPACT IMPACT FEE FEE $ 1,275.00 $ 1,575.00 1 11/2 2 3 4 6 8 10 12 $ 3,188.00 $ 3.938.00 $ 6,375.00 $ 7,875.00 $ 10,200.00 $ 12,600.00 $ 20,400.00 $ 25,200.00 $ 31,875.00 $ 39,375.00 $ 63,750.00 $ 78,375.00 $114,750.00 $141,750.00 $184,875.00 $228,375.00 $274,125.oo $338,625.00 A-4 16/ 20 SCHEDULE THREE PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE -Location of Development Regional Parks Community TotalParks (Residential Construction Impact Fee Parks Impact Impact Fee Unincorpo r at~fll~)ollier $249.82 $5~e02 $820.84 CLt~t.gNaples $249.82 $0.00 $249.82 City of Marco Island $249.82 $0.00 $249.82 ~ity of Everglades City $249.82 $0.00 $249.82 A-5 APPENDIX A SCHEDULE FOUR CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE 1 6, 20 Land Use Residential: Non-Residential: Lodging Hotel/Motel Nursing Home/Institution Miscellaneous Residential Medical Hospital Commercial Office Retail Restaurant/Bar/Lounge Industrial/Manufacturing Leisure/Outdoor Other Miscellaneous Institutions Church School/College Government/Public Buildings Correctional Facilities Impact Fee Per Dwelling Unit or Square Footage $117.98 per dwelling unit 0.2340 per square foot 0.0390 per square foot 0.3237 per square foot 0.4914 per square foot 1.3230 per square foot 1.0920 per square foot 1.7043 per square foot 0.0312 per square foot 0.5616 per square foot 1.4664 per square foot 0.1170 per square foot 0.1599 per square foot 0.6708 per square foot A-6 APPENDIX A SCHEDULE FIVE FIRE IMPACT FEE RATE SCHEDULE 16A20 Residential: $288.97 per dwelling unit Commercial: Additional Impact Fee for High-rise Development (Three or More Floors): $0.60 per square foot $157.27 per dwelling unit A-7 APPENDIX A SCHEDULE SIX 1 6~20 EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Impact Fees Single Family $1,778.00 Multi-Family $ 827.00 Mobile Home $1,234.00 A-8 APPENDIX A SCHEDULE SEVEN 1 6/ 20 EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE Impact Fee Land Use Category Residential: 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, ACLF 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 $104.00 $130.00 per Dwelling Unit per Dwelling Unit 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 APPENDIX A SCHEDULE EIGHT 1 6 ,20 LIBRARY SYSTEM IMPACT FEE RATE SCHEDULE Land Use Cate~or_v Impact Fee Rate Residential: Less than 1,500 square feet 1,500 to 2,499 square feet 2,500 square feet or larger $214.00 per dwelling unit $238.00 per dwelling unit $299.00 per dwelling unit A-11 ! 6 20 ROAD IMPACT FEE DISTRICT BOUNDARIES LEGAL DESCRIPTIONS (a) (b) (c) Road Impact Fee District 1. Begin at the intersection of County Road 951 and Pine Ridge Road; thence along Pine Ridge Road and Seagate Drive, westerly to Gulf of Mexico; thence along the Gulf of Mexico, northerly to the Lee County line; thence along the Collier County-Lee County line, easterly, southerly and easterly to the northerly extension of County Road 951; thence along County Road 951 and its northerly extension, southerly to the point of beginning. Road Impact Fee District 2. Begin at the point of intersection of County Road 951 and Pine Ridge Road (C.R. 896); thence run southerly along County Road 951 to the intersection of Interstate 75 (S.R. 93); thence southeasterly and easterly along Interstate 75 to the northeast corner of Section 5. Township 50 South, Range 27 East; thence southerly along the east line of Sections 5.8 and 17 to the southeast corner of Section 17, said Township and Range; thence easterly along the south line of Sections 17 and 18 to the southeast corner of Section 13. Township 50 South, Range 26 East; thence westerly along the south line of Sections 13, 14, 15, 16, 17 and 18, Township 50 South, Range 26 East; to the northwest corner of Section 19, Township 50 South, Range 26 East; thence southerly along the west line of Sections 19, 30 and 31 to the southeast corner of Section 36, Township 50 South, Range 25 East; thence westerly along the south line of said Section 36 to the southwest corner of Section 36; thence northerly along the west line of said Section 36 to the northeast corner of Section 35, Township 50 South, Range 25 East; thence westerly along the north line of said Sections 35 and 34 to the mean high water line of the Gulf of Mexico; thence meander northwesterly along said mean high water line to the westerly prolongation of Seagate Drive; thence easterly along Seagate Drive and Pine Ridge Road to the point of beginning. Less and except all lands lying within the municipal boundaries of the City of Naples. Road Impact Fee District 3. All of that land within the municipal boundaries of the City of Naples, Florida. B-1 1 6 20 ROAD IMPACT FEE DISTRICT BOUNDARIES LEGAL DESCRIPTIONS (CONTINUED) (d) Road Impact Fee District 4. Begin at the point of intersection of the north line of Section 34. Township 50 South, Range 25 East, Collier County, Florida and the mean high water line of the Gulf of Mexico; thence run easterly along the north line of said Section 34 and Section 35 said Township and Range to the northeast corner of said Section 35; thence southerly along the east line of said Section 35 to the southwest corner of Section 36, Township 50 South, Range 25 East; thence easterly along the south line of Section 36 to the southeast corner of Section 36; thence northerly along the east lines of Sections 36, 25, and 24 to the northwest corner of Section 19, Township 50 South, Range 26 East; thence easterly along the north lines of Sections 19, 20, 21, 22, 23, and 24, Township 50 South, Range 26 East to the northwest corner of Section 19, Township 50 South, Range 27 East; thence easterly along the north line of Sections 19 and 20 to the northeast corner of said Section 20; thence southerly along the east line of said Section 20 to the northwest corner of Section 28; thence easterly along the north line of said Section 28 to the northeast corner of Section 28; thence southerly along the east line of Section 28 to the northwest corner of Section 34; thence easterly along the north line of Section 34 to the northeast corner of Section 34; thence southerly along the east line of Section 34 to the northwest corner of Section 2, Township 51 South, Range 27 East; thence easterly along the north line of said Section 2 to the northeast corner of Section 2; thence southerly along the east line of Section 2 to the southwest corner of Section 1; thence easterly along the south line of Section 1, Township 51 South, Range 27 East to the northwest corner of Section 7, Township 51 South, Range 28 East; thence easterly along the north line of said Section 7 to the northeast corner of Section 7; thence southerly along the east line of Section 7 to the northeast corner of Section 18; thence continue southerly along the east line of Section 18 to the northeast corner of Section 19, Township 51 South, Range 28 East; thence westerly along the north line of said Section 19 to the northwest corner of Section 19; thence southerly alOng the west line of Section 19 to t~e northeast corner of Section 25; Township 51 South, Range 27 East; thence westerly along the north line of said Section 25 to the northwest corner of Section 25; thence southerly along the west line of Section 25 to the southeast corner of Section 26; thence westerly along the south line of Section 26 to the centerline B-2 of State Road 90 (U.S. 41); thence northwesterly along said centerline of State Road 90 to the point of intersection of State Road 92; thence southwesterly along the centerline of State Road 92 to the centerline of the Big 16/i20 ROAD IMPACT FEE DISTRICT BOUNDARIES LEGAL DESCRIPTIONS (CONTINUED) (e) Marco River; thence meander southeasterly along the centerline of the Big Marco River to the southern tip of Cape Romano; thence meander northwesterly along the mean high water line of the Gulf of Mexico to the point of beginning. Road Impact Fee District 5. Begin at the intersection of County Road 858 (Oil Well Road) and the west line of Hendry County; thence along County Road 858, westerly to Oil Well Grade Road; thence along Oil Well Grade Road, northerly to County Road 846 (Immokalee Road); thence along County Road 846, westerly and southerly to the southeast corner of Section 34, Township 47 South, Range 27 East, Collier County, Florida; thence along the south line of Sections 34, 33, 32 and 31, said township and range, westerly to the Lee County line; thence along the Collier County-Lee County line, northerly, easterly and northerly to the Hendry County line; thence along the Collier County - Hendry County line, easterly and southerly to the point of beginning. (0 Road Impact Fee District 6. Begin at the intersection of County Road 951 and Interstate Highway 75; thence along County Road 951 and its northerly extension, northerly to the Lee County line; thence along the Collier County-Lee County line, easterly and northerly to the southwest corner of Section 31, Township 47 South, Range 27 East, Collier County, Florida; thence along the south line of Sections 31, 32, 33 and 34 to County Road 846 (Immokalee Road); thence along County Road 846, northerly and easterly to Oil Well Grade Road; thence along Oil Well Grade Road, southerly to County Road 858 (Oil Well Road); thence along County Road 858, easterly to the east line of Range 28 East; thence along said east line, southerly to State Road 84 (Alligator Alley); thence along State Road 84 and Interstate Highway 75, westerly to the point of beginning. (g) Road Impact Fee District 7. B-3 All of that land within the municipal boundaries of Everglades City, Florida. APPENDIX B 16A20 ROAD IMPACT FEE DISTRICT BOUNDARIES LEGAL DESCRIPTIONS (CONTINUED) (h) Road Impact Fee District & Begin at the point of intersection of Oil Well Road (C.R. 858) and the west line of Hendry County; thence southerly, easterly and southerly along Collier/Hendry County line; to the west line of Dade County; thence southerly along the Collier/Dade County line to the Monroe County line; thence westerly along the Collier/Monroe County line to the mean high water line of the Gulf of Mexico; thence northwesterly to the southern tip of Cape Romano; thence northeasterly to the centerline of the Big Marco River; thence meander northeasterly along the centerline of the Big Marco River to the centerline of State Road 92; thence northeasterly along the centerline of State Road 92 to State Road 90 (U.S. 41); thence southeasterly along State Road 90 to the southwest corner of Section 26. Township 51 South, Range 27 East; thence easterly along the south line of Section 26 to the southeast corner of Section 26; thence northerly along the east line of Section 26 to the northwest corner of Section 25, Township 51 South, Range 27 East; thence easterly along the north line of Section 25 to the southeast corner of Section 24, Township 51 South, Range 27 East; thence northerly along the east line of Section 24 to the northwest corner of Section 19, Township 51 South, Range 28 East; thence easterly along the north line of Section 19 to the southeast corner of Section 18, Township 51 South, Range 28 East; thence northerly along the east line of Section 18 and Section 7, Township 51 South, Range 28 East to the northeast corner of said Section 7; thence westerly along the north line of said Section 7 to the to the northeast corner of Section 12, Township 51 South, Range 27 east; thence continue westerly along the north of said Section 12 to the southeast corner of Section 2, Township 51 South, Range 27 East; thence northerly along the east line of said Section 2 to the southeast corner of Section 35, Township 50 South, Range 27 East; thence westerly along the south line of said Section 35 to the southeast cornerof Section 34, Township 50 South, Range 27 East; thence northerly along the east line of said Section 34 to the southeast corner of Section 27, Township 50 South, Range 27 East; thence westerly along the north line of Section 27 to the southeast corner of Section 28; thence northerly along the east line of said B-4 Section 28 to the northeast corner of Section 28; thence westerly along the north line of Section 28 to the southeast corner of Section 20, Township 50 South, Range 27 East; thence northerly along the east lines of Sections 20, 17, 8 and 5 of Township 50 South, Range 27 East, to the centerline of Interstate 75 (S.K. 93); thence easterly along the centerline of Interstate 75 to the east line of Range 28; thence northerly along the east line of said Range 28 to the centerline of aforesaid Oil Well Road (C.R.858); thence easterly along the centerline of said Oil Well Road to the point of beginning. APPENDIX B ROAD IMPACT FEE DISTRICT BOUNDARIES LEGAL DESCRIPTIONS (CONTINUED) Less and except all lands lying within the municipal boundaries of Everglades City. B-5 1 6~20 Appendix B Sample Impact Fee Payment I Administration Forms 16A20 Exhibit 1 Sample Fee Checklist DATE AMOUNT BUILDING ELECTRIC PLUMBING MECILANICAL GAS BCA! RADON POOL/SPA SEPTIC FIHE RIGHT OF WAY WATER M NGT MICROFILM _FEE CHECKLIST.., (750.- 4,999.99) iS,000 - 49,~99,99) {S0,00e - I MIL) (I Mt.+) (Mobile Home - Single) (Mobile Home - Double) (Mobile Home - Triple) R.V. AMPS # Both,. Tons [:] Privolc I-1 Public Fire Plan Review Fire Inspection (Initial) (Public) COMMUNITY PARK REGIONAL FARE( LIBRARY FIRE KOAD 16A20 (Single Family) (Multi-Family) (Mobile Rome) (Er/Travel Trailer) (CommercioD KMS SCHOOL WATER SEWER METER CHARGE HEALTH DEPARTMENT REQUIRED: YES NO UTILITIES WATER CONNECTION FEE~ REQUIRED: NO UTILITIES SEWER CONNEXION FE~ R~UIRED NO COPY OF TEMPO~RY USE A~ACHED: YES. NO [] 099 Notice of Commencement 0 !00 Footings [] 10! Pile Caps I"] 102 Grade l:~.am [] !03 Slab [] 104Tie Beam f-] 105 Shear Wall 1-1 106 Columns [] 107 Sheathing Fascia Metal ["1 log Framing [] 109 Insulation [] Ii0 tie Down [] I1 i Roofing Ill Progress [] il2 Flood proof [] !13 Fin Fir Elevation [] ii4 ElevntorCert ["1 il5 Final Building r'l i!6 Steel Building f=:] 117 Final Thresllhold Letter [] IlS Lintel Beam f-I 119 Fill Cells [] 120 Flood Vent Relief [] 121 Concrete Deck [] 122 Spot Survey - 10 Days [] 124 Steel in Stair/Columns O t25 Elevator Pit [] 126 V-Zone Cert [] 127 Elevation Cert [] 12g Break Away Wall [] 129 Engineerinl~ Cert [] I30 T/~ Framing [] 131 T/S Drywall · [] 132 T/S Insulation [] 133 Monolithic Slab [] 134 Final Roofinl~ r'l 200 Plumbl-ng Rough [] 201 Plumbing Tubset n 202 Plumbing Stack Test f-I 203 Sewer Tap [] 204 Final Plumbing I-'1 205 Irrigation Final [] 300 Mechanical Rough A/C [] 301 Final Mechnnical AJC GAS. [] 400 Gas Rough [] 401 Final Gas ~ 402 Tnnk Tie Down _ELECTRICAL [] 500 Electrical T Pole F'I 501 Electrical Rough. [] S02 Final Eleclrical I-~ 503 Scrvice Change [] 504 Tempornry Power [] 505 Tug [] 506 U G [] 507 Electrical Sub Req. [] 618 Finnl Fire [] 619 Pollution Control [] 621 L.P. Tie Down po___o_L_Ss [] 700 Pools Steel & Groun~ [] 701 Final Pool [] 702 Pool Deck [] 800 Right of Way [] g01 Storm Water Mngmt [] 802 l,nndscape [] 803 Pnrkinr/LlnndJcap O 804 Well [] SOS Septic r'l 81o Exotic Veg. Removal FIRE DEPARTMENT [] 900 Marco Mre [] 901 East Naples Fire [] 902 North Naples ~re [] 903 Golden Gate Fire [3 905 Ochopee Fire [] 906 Immokalee ~-I 907 Big Corb4crew 0 99990 No Charge [] 99993 SW Di~t. 2/2. Unit [] 99994 SW Dist. 2/! Unit [] 99997 SW Dist. I/2 Unit [] 99998 SW Dist. Ill Unit [-I 99988 SW Dist. 2/i Imm Dis [] 99989 SW Dist. I/NVM1/Co [] 98 City of Naples 16A20 Exhibit 2 Sample Impact Fee Calculation Sheet Permit # Address:_ ._.Classification of Occupan~ Impact Fee Calculation Sheet Section Township Range . aescription of Project Number of Units Square Footage (living)_ Change of Land Use? Yes["] No[-] Number of Occupants_ .,(non-living) Comment~ (total square footage) 16 20 INITIALS OF PLAN REVIEWER DATE Exemptions: Explanation: Comm. Parks $ Ycs['-] No[-'] p.~g. parks $ Yes[-] No[-] Library $ Yesl-~ No[-] Road (# ) $ Yes[-] No[-] EMS $ Yes[--] NoCI · School $ Yes[-'] No["'] ~il $ Y~s[-] Nol--] ~Vatcr/Sewer $ Yes['-] No['-] Fire $ Yes[-'] No[-] Applicable Credits.: Amount: . Explanation: Comm. Park $ Reg. Park Library Road (# ) $ EMS School $ Jail Water/Sewer ,ign Off- Impact Fee Staff Initials/Date Phil Tioflall, Impact Fee Coordinator Amy Gesdorf, Fiscal Analyst I Other Authorized Signature 1~20 Exhibit 3 Sample Completed Impact Fee Credit Worksheet IMPACT FEE CREDIT WORKSHEET Permit # 2000061432 (original) Permit # 2000061432 (revision) Address: 6400 Davis Boulevard 16 20 Classification of previous occupancy: (shell building) Auto Repair/retail Classification of new occupancy: Medical office Square footage: 4381 square feet (original permit) 1549. square feet (revision permit) 5930 square feet (total) Table 1 -Im ,act Fees mid on shell building Type of Fee Rate Calculation $ Amount (credit) Road $4,456.00 per 1000 $4,456.00 x 5.930 $26,424.08 Auto Repair rate square feet EMS $210.00 per 1000 $210.00 x 5.930 $1,245.30 Retail rate square feet Jail $1.0920 per square $1.0920 x 5930 $6,475.56 Retail rate foot Im ct Fees assessed for a Medical Office (5930 square feet) Type of Fee Rate Calculation $- Amount Road $7,266.00 per 1000 $7,266.00 x 5.930 $43,087.38 Medical Office rate square feet EMS $1,500.00 per 1000 $1,500.00x 5.930 $ 8,895.00 Medical Office rate square feet Jail $1.3260 per square $1.3260 x 5930 $ 7,863.18 Office rate foot Im ~ct Fees for change of land use (Assessed fees less credited fees) Type of Fee Assessed amount Credit amount Net Fee Road $43,087.38 $26,424.08 $16,663.30 EMS $ 8,895.00 $ 1,245.30 $ 7,649.70 Jail $ 7,863.18 $6,475.56 $ 1,387.62 16 20 Impact fees were paid on the original build-out permit #2000061432, before square footage was added by way of a revision to the permit, at the rates applicable at the time. the shell building was permitted. The fees paid are reflected below. Table 4 ~f Fee --'---[ Amount Paid ! $10,076.30 [Road / $ 5,993.21 [-E -MS / $ 1,025.16 [ Jail After the additional impact fees (shown in Table 4) were paid, a revision of the square footage was submitted. This added 1,549 square feet of space, which also required the assessment of additional impact fees. Upon review, staff found that the credit for the original permitted use of the building should have been calculated at the rate in effect at the time of the application for the tenant build-out (June 2000), rather than the rate that was effective at the time of the application for the permit for the shell building (October 1999). Please refer to above Tables # 1, 2, and 3. Staff concluded that a CO Hold was necessary to collect the impact fees for the additional square footage as well as the additional amounts resulting from the corrected calculations. Table 5 reflects the total impact fees assessed based on the revised square footage less the impact fees paid on the permit prior to the revision (posted 10/05/00). The impact fees that must be paid before the CO can be issued total $8,605.95. Table 5 -Type of Fee Net Fee Assessed . Impact Fees Paid Net Impact Fees (old) (10/05/00) Due (new)- Amount of CO Hold Road $16,663.30 $10,076.30 $6,587.00 EMS $ 7,649.70 $ 5,993.21 $1,656.49 jail $ 1,387.62 $ 1,025.16 $ 362.46 _ ~ ~ $ 8.605.95 [Total Impact Fees Due: 16~20 Exhibit 4 Sample Impact Fee Phased Installment Payment Agreement 16A20 Appendix C -"Land Use Cross-Reference Table Appendix C Land Development Code Land Uses 161120 Residential Lodging/ Transient/ Assisted Group ~.ecreation A. Less than 1,500 Sq. Ft. B. 1,500 to 2,499 Sq. Ft, C. 2,500 Sq. Ft. or larger D. Multi-Family 1-2 stories E. Multi-Family 3-9 stories F. Multi-Family 10 stories or more G. Mobile Home Park H. Congregate Care Facility ACLF) I. Retirement Home J. Condominium / Townhouse K. High-rise Condominium A. Hotel B. Resort Hotel C. Motel D. RV Park A. Marina B. Golf Course C. Movie Theaters Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit Room RV site/ Campsite Berth 18 Holes Screen 1. Single family detached 2. Manufactured homes 3. Single Mobile Home on acreage (single family lot) Apar[ments 1. Apartments : 210 327 327 1. Apartments 327 240 1. Mobile homes in mobile home subdivisions/parks 1. Adult Care Living Facility 2. Retirement facilities where occupancy is restricted by covenants Condominium 2. Duplexes 1. Condominium 1. Hotel 2. All Suites Hotel 3. Business Hotel 1. Resort Hotel 1. Motel Budget Style Motel 1. RV Park 2. Campground Marina Executive golf course Golf driving range Par-60 golf course Regulation golf course 1. Movie theaters with I matinee 12. Movie theaters without I matinee 252 250 230 232 310, 311, 312 32O 416 42O 430 443, 444 C-1 Appendix C Land Development Code Land Uses ! 6, 20 )ffice ~,etail I ~,etail ervices General - 50,000 Sq. Ft. or Less B. General - 50,001 - 100,000 Sq. Ft. C. General- 100,001 - 200,000 Sq. Ft. D. General - 200,001 - 400,000 Sq. Ft. E. General - Greater than 400,000 Sq. Ft. F. Medical Office A. Specialty Retail B. General- Less than 50,000 Sq. Ft. GLA C. General - 50,001 - 100,000 Sq. Ft. GLA D. General- 100,001 - 150,000 Sq. Ft. GLA E. General- 150,001 - 200,000 Sq. Ft. GLA F. General - 200,001 - 400,000 Sq. Ft. GLA 1,000 Sq. Ft. 1. General Office BIdgs 710 1,000 Sq. Ft. 1,000 Sq. Ft. 1,000 Sq. Ft. 2. Attorneys 3. Accountants 4. Corporate Offices 5. Engineering 6. Financial institutions 7. Veterinary Clinic/Office 1. Chiropodists 2. Chiropractors 3. Dentists 4. Oculists/lens grinders 5. Optometrists 6. Osteopathic physicians 7. Outpatient clinics 8. Physicians/Surgeons 9. Podiatrists 10. Christian Science )ractitioners 1. Dieticians 12. Naturopaths 13. Nurses .14. Nutritionists 5. Occupational therapists 6. Pediatricians 17. Physiotherapists 18. Psychiatrists 19. Psychoanalysts 20. Psychologists 21. Psychotherapists · Community shopping ~nter I. "Strip Mall" Shopping Center 2. Neighborhood Shopping Center (with major anchor tenant, such as Publix, Wal- Mart) 3. Regional Shopping Mall 720 814 820,820 C-3 Appendix C Land Development Code Land Uses 16 20 ~dustrial Z. Bank/Savings Drive-in BB. Furniture Store A. General Industrial 1,000 Sq. Ft. 1. Bank/Savings Wdrive-in 1,000 Sq. Ft. 1121 Furniture Store Antique Shop 3. Carpet Store 1. Light industrial 2. Assembly plants 3. Fabricating plants 4. Food processing and packing plants 5. Laundry / cleaning plant B. Business Park (Flex Space) 67 Printing plant i Airplane hangars 1. Industrial Park 914 890 110 770 2. Business Park 3. Research Park C. Mini-warehouse 1. Mini-warehouse 151 2. Self storage D. Manufacturing 1,000 Sq. Ft. 1. Manufacturing 140 2. Mining 3. Heavy industrial E. Warehouse 1,000 Sq. Ft. 150 1. Storage warehouse 2. Motor freight transportation centers 3. Distribution centers 30\DOCS\MANU~ G:\07312 i4. Airplane Hangars ~L\appendices~Appendix C RevisedLUTABLE.XLS C-5 1~20 Appendix D ' Transportation Impact Fee Proposed Alternative Fee Calculation Methodology ! 6 20 Alternative Fee Calculation Methodology for Road Impact Fee This section of the appendix presents a proposed methodology for conducting an Alternative Fee Calculation for transportation impact fees. It contains the requirements, procedures and methodology for preparation, performance, and submission of an Alternative Fee Calculation Study. Pre-application Meeting. Before beginning the Alternative Fee Calculation, the applicant or applicant's representative shall arrange and attend a pre-application meeting jointly with the Impact Fee Coordinator and the Transportation Services Division Administrator to discuss the requirements, procedures, and methodology of the Alternative Fee- Calculation. The pre-application meeting will normally cover the following topics: a. Proposed Previous Studies If the applicant proposes relying on the results of any previous studies originally submitted as part of the zoning approval process, he should provide a copy of the other report(s). The County will review previous studies for sufficiency and applicability to the proposed new development. b. Credits If an applicant proposes reducing his impact fee through use of a credit, either for prior use of the property, right-of-way dedication, or road improvement, this issue shall be reviewed at the pre-application conference. If a Developer Contribution Agreement exists, the applicant shall provide a copy of such agreement at the pre-application conference. c. Proposed Study Sites The applicant will identify a minimum of three comparable sites to be' studied. The site description should include the specific location, the character of the location (CBD, urban, suburban, or rural urbanized or rural areas), and the land use(s) at the location (including ITE code and classification). The applicant should include an explanation of why the proposed sites are similar to the proposed new development. The explanation should address pertinent characteristics, such as land use, adjacent area, and demographics. Tindale-Oliver and Associates, Inc. June 1, 2001 D-1 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 The applicant should include a map showing the location of the proposed new development and the proposed study sites. County staff will review the proposed study sites for applicability to the proposed new development. d. Study Data Elements Study data elements will include the impact fee formula demand component variables. These are the trip generation rate, trip length and percent new trips factor. Each of these components is discussed below: (1) Trip Generation Rate The trip generation rate is normally determined by machine counts. The applicant should provide documentation depicting the proposed machine counter sites and locations within the site. County staff will'review the proposed sites for suitability of equipment, hose/loop detector configurations, and the dates of counting. The County staff will specify the level of detail to be included in the study report. (2) Trip Length and Percent New Trips These two data items are normally determined by an origin/destination survey, consisting of motorist interviews. County staff will re~/iew the proposed location of interviewers, interview forms, dates and times of day for conducting interviews. The applicant should identify any portions of trips to be excluded from trip lengths, such as travel on the local, interstate, and/or toll road systems. (3) Other Data Items County staff will specify any other data items the applicant will be required to collect for the proposed study. e. Proposed Data Collection Methodology County staff will review the applicant's proposed methodology for analyzing the data collected in the study. This methodology shall follow Section 3, Guidelines. f. Report Format The County staff will discuss the required format for submitting the study Tindale-Oliver and Associates, Inc. June 1, 2001 D-2 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 report. The applicant should compile the study findings into a report structured as follows: · Table of Contents · Letter of Transmittal · Findings of the Report - Trip generation rate - Trip length - Percent new trips · Impact Fee Calculations · Appendices - Trip generation rate summary - Trip length worksheet - Percent new trips worksheet - Trip generation data - Interview forms Subsequent to the pre-application meeting, the applicant shall submit three copies of the proposed approach to the study to the Collier County Office of Transportation Services. The County staff has five (5) working days to respond in writing to the proposed approach. If County Staff concur with the proposed approach, the applicant will be notified to proceed with the study. If County staff disagrees with the proposed approach, County staff will identify the problem areas for the applicant. The applicant should receive approval from County staff before proceeding with the study. Methodology. The Alternative Fee Calculation shall follow the prescribed methodologies and formats in the Consolidated Impact Fee Ordinance. The results of the Alternative Fee Calculation shall be submitted to both the Impact Fee Coordinator and Transportation Services Division. The following guidelines shall be followed when conducting an Alternative Fee Calculation: a. Collecting Trip Generation Data The applicant will be required to place the machine counters at project driveways, for a minimum of three consecutive weekdays of 24-hour machine counting, on days representative of typical traffic patterns at that site (not during a holiday, for example). The traffic counts should occur during the same days which the collection of trip length and percent new trips data is conducted. The data to be collected includes: · Date and times of counts; · A summary of counts by 15-minute increments (entering, exiting, and Tindale-Oliver and Associates, Inc. June 1, 2001 D-3 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 Average daily volume', and Volume during the a.m. and p.m. peak hours of the adjacent street. The applicant must verify the correct operation of the machine counters by manually observing their proper data recording for at least fifteen minutes on at least two occasions. The verifications may be performed at the start and finish of the counting period. This manual verification must be documented in the study report. The applicant will include the machine count data in the study report. All data are subject to review and acceptance by County staff, based on currently accepted traffic engineering practice. County staff may visit the study site to observe the placement and operation of the machine counters. If the applicant is unable to obtain machine counts according to the above requirements, he may repeat the entire count or may elect to submit an explanation in writing to the County staff. The County staff will review the explanation and then may accept the data as is, approve a partial recount, or require an entire recount. The County staff will provide this response verbally within five (5) working days and in writing within ten working days. b. Coflecting Trip Length and Percent New Trips Data ' The origin/destination survey will collect the following i~formation: · Date of the interview; · Location of the interview; · Name of the interviewer; · Time of day of the interview; · Origin of the interviewee's trip, · Destination of the interviewee's trip, and · Trip purpose. The place of origin or destination should be identified as accurately as possible. The origin and destination should be determined with one of the following methods (listed from most preferred method to least preferred method): · The specific name and address of the origin and destination; · The specific name of the origin and destination (mall, town, bank, supermarket, subdivision, school, etc.) · The intersection nearest to the origin and destination; or · The major intersection nearest to the origin and destination. Tindale-Oliver and Associates, Inc. June l, 200~ D-4 Collier County Consolidated Impact Fee Administrative Procedures Manual 16/120 The applicant will find it helpful for interviewers to have a good prior knowledge of the places and major intersections in the community that are most likely to be named by interviewees so the interviewers can quickly recognize and record these responses when interviewees give them, or solicit further detail in the response. In some cases, places named by interviewees cannot later be pinpointed when the interview forms are tabulated, disqualifying those interviews as observations. For that reason, the applicant is prudent to conduct a quantity of interviews in excess of the minimum required sample size. The applicant will use an interview form to record the interview responses. This form will be used to record the information identified above. The applicant should include copies of the completed interview forms in the study report. Samples of acceptable interview forms are included at the end of this appendix. These samples include fields to record the data items listed above, as well as fields for calculating the trip length (at a later time), and fields for quality control. The applicant should include copies of the completed interview forms in the study report. It is not acceptable to record the trip length as estimated by the interviewee. The proper method to determine a trip length is to use a scaled map to measure the shortest route between the site and the reported places of origin and' destination, or by using a geographic Information system to measure the distance directly using a vehicle odometer. Acceptable procedures to determine if a trip is classified as Primary, Secondary, Diverted, or Captured, and to compute the assessable trip length are described in "Measuring Travel Characteristics for Transportation Impact Fees", W.E. Oliver, (ITE Journal, April 1991). The applicant should also include in the study report: · The number of observations (useable interview responses); · The average trip length, rounded off to 0.1 mile; and · The percent new trips. c. Number of Interviews to Conduct In determining a reasonable estimate of the trip length and percent new trips, the applicant will perform surveys at each of the three sites for a minimum of 10 hours per site. The specific time period to be covered will be governed by the type of land use being surveyed and its typical daily operations. A minimum of 50 valid observations must be obtained at each site. An observation shall be considered valid if its origin and destination are specific enough from which the trip length and type of trip Tindale-Oliver and Associates, Inc. June l, 200~ D-5 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 can be determined. The specific required number of valid surveys is the number of surveys required to meet a 90% level of confidence at a plus/minus 15% level of accuracy, or at least a total of 150 usable surveys for the study land use. The number of required surveys can be determined by: N = C2 x Z2 E~ Where: N is the required sample size for the specific level of confidence at the desired accuracy level; C is the coefficient of variation as calculated by dividing the sample mean trip length into the standard deviation of the sample trip length; Z is the normal distribution value statistic at the specific level of confidence; and E is the specific margin of error or level of accuracy. The above formula is based on a methodology developed by Michael E. Smith in "Design of Small-Sample Home Interview Travel Surveys", Transportation Research Board 701, 1979. Guidelines. The applicant will use the information derived from the traffic study to calculate an ~lternative impact fee. The applicant should complete the Alternate Impact Fee Worksheet, included at the end of this appendix. The results of the Alternative Fee Calculation study shall be submitted to both the Impact Fee Coordinator and the Transportation Services Division. Submitting the Study Report The applicant shall submit five (5) copies of the study report to the Collier County Office of Transportation Services. The study must be certified by a Professional Engineer registered in the State of Florida. Sufficiency Determination. The Impact Fee Coordinator and Transportation Services Division Administrator will review the Alternative Fee Calculation for sufficiency methodology, technical accuracy and findings and will make recommendations concerning the amount of the impact fee to the Impact Fee Coordinator. 6. Determination of Fee. The Impact Fee Transportation Services Division Administrator determination of the impact fee amount. G : \O 7312\docs\appendices\apndxd. doc Coordinator and the will make the final Tindale-Oliver and Associates, Inc. June 1, 2001 D-6 Collier County Consolidated Impact Fee Administrative Procedures Manual 16 20 Appendix E Emergency Medical Services and Correctional Facilities Impact Fees Proposed Alternative Fee Calculation Methodology Appendix E Alternative Fee Calculation Methodology for Emergency Medical Services Impact Fee, Correctional Services Impact Fee, and Fire Impact Fee 16 20 This section of the appendix presents a proposed methodology for conducting an Alternative Fee Calculation Study for EMS, Correctional Services, and Fire Impact Fees. The Emergency Medical Services, Correctional Services, and the Fire Impact Fees all apply to both residential and nonresidential land uses, and each of these fees can be developed using the functional population approach. As such the guidelines below apply to all three impact fee areas. Proposed Previous Studies. If the applicant proposes relying on the results of any previous studies originally submitted as part of the zoning approval process, he should provide a copy of the other report(s). The County will review previous studies for sufficiency and applicability to the proposed new development. Pre-application Meeting. Before beginning the AIterative Fee Calculation Study, the applicant shall attend a pre-application meeting jointly with the Impact Fee Coordinator and the Division Director responsible for the particular impact fee program area / public facility to discuss procedures and methodology. The pre- application meeting will normally cover the following topics: a. Credits If an applicant proposes reducing his impact fee through use of a credit, either for prior use of the property or road improvement, this issue shall be reviewed at the pre-application conference. b. Proposed Study Sites The applicant will identify a minimum of three comparable sites to be studied. The site description should include the specific location, the character of the location (CBD, urban, suburban, or rural urbanized or rural areas), and the land use(s) at the location. The applicant should include an explanation of why the proposed sites are similar to the proposed new development. The explanation should address pertinent characteristics, such as land use, adjacent area, and demographics: The applicant should include a map showing the location of the proposed new development and the proposed study sites. The County staff will review the proposed study sites for applicability to the Tindale-Oliver and Associates, Inc. April 2001 Collier County Consolidated Impact Fee DRAFT Administrative Procedures Manual proposed new development. c. Study Data Elements 16A20 Study data elements will include the impact fee formula demand component variables. These are the trip generation rate, persons per household, visitor hours per trip, and other factors necessary to determine the functional population. Each of these components is discussed below: (1) Trip Generation Rate Trip generation data is used as an input to determine the number of persons visiting a particular land use in a given 24-hour period, which is used to develop functional population estimates. For more information on trip generation rates, see the discussion on Alternative Fee Calculation methodology for Road Impact Fee in this appendix. (2) Persons per Household Persons per household information was taken from the U.S. Bureau of the Census, Public Use Microsample for Collier County, 1990. More refined census data may be developed or field studies conducted to determine site-specific persons per household data. The County staff will specify the level of detail to be included in the study report. (3) Visitor Hours per Trip Visitor hours per trip have been assigned based on the development of prior impact fees around the country and on professional judgement. Development parameters and land use mix could influence visitor hours per trip. Existing developments with land use characteristics similar to the applicant's proposed development could provide more refined visitor hours per trip data. This data could be obtained through field surveys. County staff will specify the level of detail to be included in the report. (4) Other Data Items to Determine Functional Population The County staff will specify any other data items the applicant will be required to collect for the proposed study. This could include items such as vacancy factors, trips per worker, workers per unit, and occupants per trip, etc. as necessary to properly conduct the study. Tindale-Ofiver and Associates, Inc. April 200~ Collier County Consolidated Impact Fee DRAFT Administrative Procedures Manual Proposed Data Coflection Methodology 1 6 20 The County staff will review the applicant's proposed methodology for analyzing the data collected in the study. This methodology shall be consistent with Section 3, Guidelines. e. Report Format The County staff will discuss the required format for submitting the study report. The applicant should compile the study findings into a report structured as follows: · Table of Contents · Letter of Transmittal · Findings of the Report - Trip generation rate - Persons per household - Employee hours per trip - Visitor hours per trip -Other findings required of study, as determined by County staff · Impact Fee Calculations Guidelines. The Alternative Fee Calculation shall follow the prescribed methodologies and formats in the Ordinance. The results of the Alternative Fee Calculation shall be submitted to both the Impact Fee Coordinator and the responsible Division Director. The following guidelines shall be followed when conducting an Alternative Fee Calculation: a. Determining Persons per Household When an applicant believes that unique household size data (persons per household) will apply to the subject development, and would impact the functional population calculations that are used to determine impact fees, appropriate documentation must be provided. This documentation could include projections of the anticipated socioeconomic makeup (average age, average income) of the subject development that would indicate unique household size conditions, such as in the case of a retirement community. If it can be documented that an existing development has similar residential development parameters and demographic makeup than the subject development, persons per household data from the existing development can be submitted for consideration as a basis of comparison with the proposed development. Tindale-Oliver and Associates, Inc. April 2001 E-3 Collier County Consolidated Impact Fee DRAFT Administrative Procedures Manual b. Determining Visitor Hours per Trip (Duration of Visit) The duration of visit survey will collect the following information: · Date of the interview; · Location of the interview; · Name of the interviewer; · Time of day of the interview · Identification of interviewee (i.e., employer, visitor/patron) purpose (e.g., work, visit, shop, personal business) · Duration of time spent at the site. 16/ 20 or trip The applicant will use an interview form to record the interview responses. This form will be used to record the information identified above. The applicant should include copies of the completed interview forms in the study report. The applicant should also include in the study report: · The number of observations (useable interview responses); and · The average time spent in the subject land use. c. Number of Interviews to Conduct In determining a reasonable estimate of the Employee ~ours per Trip and Visitor Hours per Trip, the applicant will perform surveys at each of the three sites for a minimum of 10 hours per site. The specific time period to be covered will be governed by the type of land use being surveyed and its typical daily operations. A minimum of 100 valid observations must be obtained at each site. An observation shall be considered valid if the length of stay at the site is documented on the survey form. The specific required number of valid surveys is the number of surveys required to meet a 90% level of confidence at a plus/minus 15% level of accuracy, or at least a total of 150 usable surveys for the study land use. The number of required surveys can be determined by the following formula: N = C2 x Z2 E~ Where: N = Is the required sample size for the specific level of confidence at the desired accuracy level; C = Is the coefficient of variation as calculated by dividing the sample mean hours per trip into the standard deviation of the sample hours per trip; Tindale-Oliver and Associates, Inc. April 2001 E-4 Collier County Consofidated Impact Fee DRAFT Administrative Procedures Manual 16/ 20 Z = Is the normal distribution value statistic at the specific level of confidence; and E - Is the specific margin of error or level of accuracy. The above formula is based on a methodology developed by Michael E. Smith in "Design of Small-Sample Home Interview Travel Surveys", Transportation Research Board 701, 1979. Sufficiency Determination. The Director of the Division responsible for implementing the particular public facility will review the Alternative Fee Calculation for sufficiency of methodology, technical accuracy, and findings and will make recommendations concerning the amount of the impact fee to the Impact Fee Coordinator. Determination of Fee. The final determination of the amount of the impact fee shall be made by the Impact Fee Coordinator based on the recommendations of the responsible Division Director. G:tO7312~Docs~Manual~appendices~apndxe. doc Tindale-Oliver and Associates, Inc. April 200~ E-5 Collier County Consolidated/mpact Fee DRAFT Administrative Procedures Manual 16~20 Appendix F Parks and Recreational Facilities and Library. Facilities Proposed Alternative Fee Calculation Methodology 16A20 Appendix F Alternative Fee Calculation Methodology for Parks and Recreational Services Impact Fee and Library Services Impact Fee Both the Parks and Recreational Services and Library Services Impact Fees apply only to residential land uses. As such, Alternative Fee Calculations for these two fees are discussed together in this Appendix. When the Parks and Recreational Services Impact Fee or Library ServiCes Impact Fee, cannot be assessed in accordance with Section D or E, the amount of the Collier County Impact Fee assessed for each shall be established as detailed below: Proposed Previous Studies. If the applicant proposes relying on the results of any previous studies originally submitted as part of the zoning approval process, he should provide a copy of the other report(s). The County will review previous studies for sufficiency and applicability to the proposed new development. Pre-application Meeting. Before beginning the Alternative Fee Calculation , the applicant shall attend a pre-application meeting jointly with the Impact Fee Coordinator and the Division Director responsible for the particular impact fee program area / public facility to discuss procedures and methodology. The pre- application meeting will normally cover the following topics: a. Credits If an applicant proposes reducing his impact fee through use of a credit, either for prior use of the property or road improvement, this issue shall be reviewed at the pre-application conference. b. Proposed Study Sites The applicant will identify a minimum of three comparable sites to be studied. The site description should include the specific location, the character of the location (CBD, urban, suburban, or rural urbanized or rural areas), and the land use(s) at the location. The applicant should include an explanation of why the proposed sites are similar to the proposed new development. The explanation should- - address pertinent characteristics, such as land use, adjacent area, and demographics. The applicant should include a map showing the location of the proposed new development and the proposed study sites. Tindale-Oliver and Associates, Inc. April 2001 F-1 Collier County Consolidated Impact Fee DRAFT Administrative Procedures Manual 16A20 The County staff will review the proposed study sites for applicability to the proposed new development. c. Study Data Elements Study data elements will include the impact fee formula demand component variables. These are the persons per household and other factors necessary to determine the functional population. Each of these components is discussed below: (1) Persons per Household Persons per household information was taken from the U.S. Bureau of the Census, Public Use Microsample for Collier County, 1990. More refined census data may be developed or field studies conducted to determine site specific persons per household data. The County staff will specify the level of detail to be included in the study report. (2) Other Data Items to Determine Functional Population The County staff will specify any other data items the applicant will 'be required to collect for the proposed study. This could include items such as vacancy factors, trips per worker, workers per unit, and occupants per trip, etc. as necessary to properly conduct the · study. d. Proposed Data Collection Methodology The County staff will review the applicant's proposed methodology for analyzing the data collected in the study. This methodology shall be consistent with Section 3, Guidelines. e. Report Format The County staff will discuss the required format for submitting the study report. The applicant should compile the study findings into a report structured as follows: · Table of Contents · Letter of Transmittal ' - · Findings of the Report -Persons per household -Other findings required of study, as determined by County staff · Impact Fee Calculations · Appendices Tindale-Oliver and Associates, Inc. April 2001 F-2 Collier County Consolidated Impact Fee DRAFT Administrative Procedures Manual o o 1 6 20 Guidelines: The Alternative Fee Calculation shall follow the prescribed methodologies and formats in the Consolidated Impact Fee Ordinance. The results of the Alternative Fee Calculation shall be submitted to both the Impact Fee Coordinator Department and the responsible Division Director. The following guidelines shall be followed when conducting an Alternative Fee Calculation: a. Determining Persons per Household When an applicant believes that unique household size data (persons per household) will apply to the subject development, and would impact the functional population calculations that are used to determine impact fees, appropriate documentation must be provided. This d°cumentation could include projections of the anticipated socioeconomic makeup (average age, average income) of the subject development that would indicate unique household size conditions, such as in the case of a retirement community. If it can be documented that an existing development has similar residential development parameters and demographic makeup than the subject development, persons per household data from the existing development can be submitted for consideration as a basis of comparison with the proposed development. Sufficiency Determination. The Division Administrator will review the Alternative Fee Calculation for sufficiency of methodology, technical accuracy and findings and will make recommendations concerning the amount of the impact fee to the Impact Fee Coordinator. Determination of Fee. The final determination of the amount of the impact fee shall be made by the Impact Fee Coordinator, based on the recommendations of the Division Administrator. G:\07312\Docs\Maual\appendices\apndxF.d°c Tindale-Oliver and Associates, Inc. April 2001 F-3 Collier County Consolidated Impact Fee DRAFT Administrative Procedures Manual 16A20 Appendix G Educational Facilities Proposed Alternative Fee Calculation Methodology Appendix G Alternative Fee Calculation Methodology Educational Facilities Impact Fee 16 20 This section of the appendix presents a proposed methodology for conducting an Alternative Fee Calculation for Educational Facilities Impact Fees. It contains the requirements, procedures and methodology for preparation, performance, and submission of an Alternative Fee Calculation Study. Pre-application Meeting - Before beginning the Alternative Fee Calculation Study, the applicant or applicant's representative shall arrange and attend a pre-application meeting with the Impact Fee Coordinator, in cooperation with the Collier County School District, to discuss the requirements, procedures, and methodology of the Alternative Fee Calculation. Subsequent to the pre-application meeting, the applicant shall submit three copies of the proposed approach to the study to the Impact Fee Coordinator. County staff has five (5) working days to respond in writing to the proposed approach. This will be done in cooperation with the Collier County School District. If County Staff concurs with the proposed approach, the applicant will be notified to proceed with the study. If County staff disagrees with the proposed approach, County staff will identify the problem areas for the applicant. The applicant must receive approval from County staff before proceeding with the study. Methodology - The Alternative Fee Calculation shall follow the prescribed methodologies and formats of the report titled, Impact Fees for Educational Facilities in Collier County, Florida, prepared by Henderson, Young, and Company (May 13, 1992), the Consolidated Impact Fee Ordinance and the Administrative Procedures Manual. The results of the Alternative Fee Calculation shall be submitted to both the Impact Fee Coordinator and Collier County School District. The Alternative Educational Facilities Impact Fee calculations shall be based on data, information, or assumptions included in the Educational Facilities Impact Fee Study identified above and as agreed upon at the Pre-application Meeting. Guidelines - The applicant will use the information derived from the study to calculate an alternative impact fee. The results of the Alternative Fee Calculation study shall be submitted to both the Impact Fee Coordinator and the Collier County School District. Submitting the Study Report - The applicant shall submit five (5) copies of the study report to the Impact Fee Coordinator. The study must be certified by a Professional Engineer who is registered in the State of Florida. Tindale~Oliver and Associates, Inc. June l, 200~ G-1 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 Sufficiency Determination - The Impact Fee Coordinator, in cooperation with the Collier County School District, will review the Alternative Fee Calculation for sufficiency methodology, technical accuracy, and findings and will make recommendations concerning the amount of the impact fee to the Impact Fee Coordinator. 6. Determination of Fee - The Impact Fee Coordinator, in cooperation with the Collier County School District, will determine the final impact fee amount. G.'~07312~Docs~Manual\appendices~apndxg. doc Tindale-Oliver and Associates, Inc. June 1, 2001 G-2 Collier County Consolidated Impact Fee Administrative Procedures Manual 16~20 Appendix H Water and Sewer Facilities Proposed Alternative Fee Calculation Methodology Appendix H Alternative Fee Calculation Methodology Water and Sewer Impact Fee 16 20 This section of the appendix presents a proposed methodology for conducting an Alternative Fee Calculation for Water and Sewer Impact Fees. It contains the requirements, procedures and methodology for preparation, performance, and submission of an Alternative Fee Calculation Study. Pre-application Meeting - Before beginning the Alternative Fee Calculation Study, the applicant or applicant's representative shall arrange and attend a pre-application meeting jointly with the Impact Fee Coordinator and the Public Utilities Department Administrator to discuss the requirements, procedures, and methodology of the Alternative Fee Calculation. Subsequent to the pre-application meeting, the applicant shall submit three copies of the proposed approach to the study to the Collier County Public Utilities Department Administrator. County staff has five (5) working days to respond in writing to the proposed approach. If County Staff concurs with the proposed approach, the applicant will be notified to proceed with the study. If County staff disagrees with the proposed approach, County staff will identify the problem areas for the applicant. The applicant must receive approval from County staff before proceeding with the study. MethodologY - The Alternative Fee Calculation shall follow the prescribed methodologies and formats of the Water and Sewer Impact Fee Study, prepared by Agnoli, Barber, and Brundage, Inc. (1997), as amended, the Consolidated Impact Fee Ordinance, and the Administrative Procedures Manual. The results of the Alternative Fee Calculation shall be submitted to both the Impact Fee Coordinator and Public Utilities Department. The Alternative Water and/or Sewer Systems Impact Fee calculations shall be based on data, information, or assumptions included in the Water and Sewer Impact Fee Study (identified above) and as agreed upon at the Pre-application Meeting. Guidelines - The applicant will use the information derived from the study to calculate an alternative impact fee. The results of the Alternative Fee Calculation study shall be submitted to both the Impact Fee Coordinator and the Public Utilities Department. Submitt ng the Study Report - The applicant shall submit five (5) copies of the study report to the Collier County Public Utilities Department Administrator. The study must be certified by a Professional Engineer who is registered in the State of Florida. Tindale-Oliver and Associates, Inc. June l, 200'I H-1 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 o Sufficiency Determination - The Impact Fee Coordinator and the Public Utilities Department Administrator will review the Alternative Fee Calculation for sufficiency methodology, technical .accuracy, and findings and will make recommendations concerning the amount of the impact fee to the Impact Fee Coordinator. Determination of Fee - The Public Utilities Department Administrator and the Impact Fee Coordinator will make the final determination of the impact fee amount. G:\07312~docs~manual~appendices\apndxh. doc Tindale-Oliver and Associates, Inc. June 1, 2001 H-2 Collier County Consolidated Impact Fee Administrative Procedures Manual 16A20 Appendix I' Sample Impact Fee Credit and Developer Contribution Agreement Forms 16~20 Exhibit 1 Sample Developer Contribution Agreement Fact Sheet 16 20 DEVELOPER CONTRIBUTION AGREEMENT INFORMATION FACT SHEET CONTRACT NAME: WCI Communities,Inc - Livingston Road and Goodlette:Frank. CENTRAL FILE NUMBER: 2000-001-TK-WCI-Livingston Road Developer: WCI Communities, Inc. Development: Contact Name: Pelican Marsh PUD Tom Conrecode Tel: 851 - i431 / Vivian Hastings, Es'q.: Tel. 498 - 8213 Signatory on Contract: James P. Dietz, Senior vice-President Contact Phone Number: 947 - 2600 Execution Date: January 23, 2001 ' Expiration Date: January 23, 2006 Recordation Date of Agreement: Date of Zoning Change: 1995 Road Impact District: One Appraised Value'of Land Donation for road impact fee credits: Based upon the average of two appraisals minus easement land amount Total: $ 2,336,687.50 Certified Construction Cost Estimate: $3,376,437.72 (owed by developer for cost of expanding Goodlette-Frank Golf Cart Overpass to 6 lanes) TOTAL CONTRIBUTION ESTIMATE: Minus $1,039,750.22 (owed by developer) Actual Value of Land Donation: Actual Construction Cost: Date Road Impact Fees Become Available: ACTUAL 'CONTRIBUTION TOTAL: $2,336,687.50 N.A. N.A. 16A20 Total Amount of Road Impact Fee Credits: Zero. Developer owes County $1,039,750.22 in cash or from accrued road impact fee credits within Road Impact Fee District One within ninety (90) days from January 23, 2001. Date paid: Payment Received by: Amendment # Date amended $ Value of Amendment Actual certified costs available upon .completion of the construction and receipt, by the County, of the certified actual construction cost, certified by a professional engineer, registered in the State of Florida, as being true and correct. Prepared by: Jacqueline Hubbard Robinson, Assistant County Attorney Date: February 14, 2001 16A20 Exhibit 2 Sample Road Impact Fee Developer Contribution Agreement Checklist for Standard Form of Agreement 16A20 Road Impact Fee Developer Contribution ~greement Check List for Standard Form Of Agreement Name of Project: Road Impact Fee Area: Name of Developer or Owner: This checklist has been prepared by the County Attorney's Office in order to insure uniformity and ease of review. Ne____cessaW terms for developer contribution agreements_.' -All road impact fee plans must be first approved by the Transportation Administrator prior to the execution of a written agreement -Please attach a copy of this checklist to the proposed contribution agreement under revie~v- -Please initial each item that has been verified. · -Any item unchecked requires an explanatiOn and the approval of the County Attorney prior to presentation of the agreement to the Collier County Board of County. Commissioners. -Any amendments or changes to this form agreement mu'st be clearly identified and added to the Addendum Section of the agreement. -Any provisions not utilized must be identified as such by crossing through the standard form. _Upon approval by the Transportation Administrator and the Board of County Commissioners of a plan for road impact fee credits for a land donation or contribution of off-site improvements, a contribution agreement must be entered into which shall include at least the provisions in the itemized checklist that follows: Itemized Checklist: 1) 2) 3) 4) 5) 6) ¸8) 9) 10) 12) 13) 16A20 A determination of the amount of the credit to be granted. A review to insure that all donations and contributions are consistent with the County's Comprehensive Plan. A legal description of the "road impact construction lands" subject to the agreement" attached as an exhibit to the agreement. The duration of the agreement which shall not exceed five (5) years from the date of substantial completion, or from the actual date of donation, but in no event in excess of seven (7) years from the date of recording in the official records. A description of the donations or contributions to be made under the agreement. Identification of the owner, including a representation that he or she is the sole owner, with an attorneY's opinion of tide and no liens. Requirement of adequate records of costs to be kept available for audit or inspection by the County. A requirement that credits shall run with the "road impact construction lands" A statement that the donated land is an intregal part of and a necessary accommodation of contemp]ated off-site improvements to the transportation network. Verification that the off-site improvement to be contributed is an intregal part of and a necessary accommodation to the transportation network. Verification that the off-site improvement excludes access improvements, as defined by th.e transportation administrator. Confirmation that the transportation administrator has determined that the proposed impact fee credit plan is consistent with the public i nte rest. An attorney's opinion identifying the record owner, his authority to enter into the contribution agreement and the identification of any lien holders having a lien or encumbrance on the real property, if requested by the County Attorney. 2 14) 15) 16) 17) 18) 19') 20) 21) 22) 16A20 An acknowledgment that the donations or contributions are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a right-of-way. An acknowledgment that the contribution agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. A paragraph indicating adoption of the approved time schedule for completion of the plan as set forth by the transportation administrator. A requirement that the owner shall keep or provide adequate records and supporting documentation which reflect total project costs of the off-site improvements to be contributed. Such information to be available to the County or its duly authorized agent or representative for audit, inspection or copying, for a period of at least five (5) years from the termination of the contribution agreement. A statement th'at the road impact fee credits identified in the agreement shall run with the subject road impact construction lands and shall be reduced by the entire amount of the road impact fee due, for each building permit issued thereon, until the development project is either completed or the credits are exhausted or no longer available. A provision that the burdens of the contribution agreement shall be binding upon and the benefits of the agreement shall inure to, all successors in interest to the parties to the contribution agreement. An acknowledgment that the. failure of the contribution agreement to address any pertinent, condition, term, or restriction shall not relieve either the applicant or owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. A statement that the Developer shall comply with the risk management guidelines of the County, which may be established from time to time, including but not limited to insurance and indemnification language acceptable to the County. A statement that the parties agree to an annual review and audit of performance under the contribution agreement to determine whether or not there has been good faith compliance and to report the amount 23) 24) 25) 26) 16A20 " of the credit applied toward payment of road impact fees' and the balance of available and unused impact fee credits. A provision that allows for modification or revocation of the contribution agreement as is necessary to comply with relevant state or federal iaws, in the event state or federal laws are enacted after the execution of the agreement which are applicable to and preclude the parties compliance with the terms of the contribution agreement. A provision to allow amendment or cancellation by mutual consent of the parties or by their successors in interest. A provision permitting the parties to file an action for injunctive relief in the Circuit Court of the County to enforce the terms of the contribution agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the agreement. A provision stating there will be future reimbursement to the owner of the excess of such ~ontribution credit from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as that word is defined by the transportation administrator, at the location which was subject to the credit has been compieted. Such agreement for reimbursement shall be made over a period of five (5) years from the completion of the development. 27) A statement that the road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. 28) A statement that the value of donated land is based upon a written appraisal of fair market value by a qualified and professionai appraiser acceptable to the County, ba. sed upon comparabie sales of similar property between unrelated parties in a bargaining transaction with a copy of the appraisal or other statement of value. 29) A statement that the actual cost of construction of off-site improvements is based upon costs certified by a professional engineer with a copy of the certification. 30) Copies of the following Exhibits: A - A description of the land area of the development B _ A copy of the written appraisal 16/ 20 C - The Certificate of Probable Cost D - A description of the Land Donation and/or Contribution E - A Description of the Timeline for Construction F - A description of the impact Fee Construction Lands G - The Current Risk Management Guidelines H - An Attorney's Opinion of Title and other matters Prepared By: Date Completed: Signature: Department: Telephone number/e-mail address: 1 6~20 Exhibit 3 Sample Standard Form Collier County Contribution Agreement for Road Impact Fee Credits 16A20 STANDARD ~ORM COLLIER CouNTY CONTRIBUTION AGREEMENT FOR ROM) IMPACT FEE CREDITS. December 13~ 2000_ THIS cONTRIBUTION AGREEMENT is made and entered into this ~ of company duly --, 2000, by and' between_ . A[n] organized and authorized to 'conduct business in the State of Florida, hereinafter .referred to as _, who has been duly Developer, by and through_ authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF coUNTY COMMISSION-ERS OF COLLIER COUNTY, FLORIDA AS THE "County" GOVERNING BODY OF COLLIEP-- coUNTY, hereinafter referred to as · RE C I T A L S__2'- WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off-site improvements and/or land donations to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and ,. , wled e the valtie of the donated land, if any, is based upon · enWaapEREAS, the parties ackno g ........ r~.~....o~ ~,,n iser accel>table to the a writt praisal of fair market value by a quannect ana p~m~o. ...... r~ra -- in a County and based upon comparable sales of similar property between unrelated parties bargaining transaction, a copy of said appraisal being attached hereto as Exhibit '~," and WHEREAS, the ,p_arties acknowledge that the valuation of eligible anticipated construction to the County s transportation network is based upon professional opinions of total project probable costs certified by a professional architect or engineer attached hereto as Exhibit "C," and WHEREAS, the parties acknowledge, in the case Of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed twenty (20) per cent of the estimated probable costs; and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and 16fi20 wHEREAS, the Transportation Administrator has recommended to the Board of County .Commissioners that the proposed plan for donation and/or contribution is in conformity with contemplated improvements and additions to the County's transp°rtation network and that it will be advantageous to the public for Developer to donate and/or contribute certain land and/or off- site improvements as described herein and in Exhibit "D" which are composed of, among other things, facilities that are required to be made pursuant to a development order or voluntarily made in connection with road impact construction. WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey the contribution or land donation to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREA[S, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding and that: . a. The subject Proposed Plan is in conformity with the contemplated improvements additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or prop(~sed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted fiYe-year capital improvement program for the county's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, Developer agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution, nor shall this Contribution Agreement be effective unless Developer's legal counsel shall satisfactorily advise the County Attorney in writing prior to time of recordation of this Contribution Agreement as required herein, that 16A20 Developer has all funds necessary to complete the contribution available and under its control; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Govenunent Development Agreement Act. WITNE S SETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: The above recitals are true and correct and shall be incorporated herein. 1. In exchange for the contributions identified and contemplated in this Contribution Agreement as set forth in Exhibit "D," Developer'shall be entitled to a cash reimbursement or a credit for road impact fees as more particularly described herein. 2. The amount of cash reimbursement and credit from road impact 'fees shall be determined according to the following standards of valuation: a. The value of any donated land shall be based upon a current appraisal of fair market value prepared by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. A copy of said appraisal or other acceptable means of valuation is attached hereto as Exhibit "13." b. In the case of contributions of construction or installation of improvements, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "C". c. · A narrative description of the contribution which is the subject of this Agreement together with initial' professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Proposed Plan, if applicable, prepared by a professional architect or engineer, are attached hereto as composite and Exhibit "D," which is incorporated herein by reference. 3. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and 3 16A20 shall not be considered or included in the value of any Developer's contribution unless agreed to by the County. 4. The credit for road impact fees identified'herein shall run with the subject Road Impact Construction Lands, as described in Exhibit "E" and shall be reduced by the entire amount of each road impact fee due on the first building permit issued thereon and each successive building permit until the project is either completed or the cr_edits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits shall be freely assignable throughout the road impact fee construction lands and as set forth in the area described in exhibit "F. 5. If more than one developer or parcel is to benefit from the impact fee credits under the Agreement, then Exhibit "A" shall describe each parcel and identify the owner thereof and shall assign and describe the proportion and/or initial dollar amount of the total credit available to each parcel. In such circumstance, the credit available to each parcel shall be reduced by the entire amount of the road impact fees due on the first building permit issued on each respective parcel and each successive building permit issued thereon until each respe6tive parcel is completely developed or the respective credit amounts available are exhausted for each parcel or otherwise no longer available. As well, and in all other respects relative to determining available credit or reimbursement under this Agreement, each parcel shall be treated in a manner proportionate to the credit available to it as indicated in Exhibit "A." 6. The impact fee credit available Under this Contribution Agreement may be used to evidence payment of road impact fees, provided such use will not cause an undue or unreasonable burden upon the administrative, accounting or audit resources of the road impact fee area. 7. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the. terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. 8. The duration or availability of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction or from the date of donation of land, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this agreement, the date of substantial completion shall be the date of final acceptance by the County. 4 16A20 9. In the event the amount of Developer's contribution pursuant to the approved plan of construction exceeds the total amount of impact fees imposed or used on the subject Road Impact Construction Lands, Developer shall be eTttitled to the return of the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from road impact fees collected. I0. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total proj oct cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. The failure of this Contribution Agreement to address any permit, condition, term, 11.restriction shall not relieve either the Developer or its successors, of the necessity of or complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant state or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 12. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 13. The burdens of this Contribution Agreement shall be 'binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 14. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit" G" attached hereto and incorporated herein by reference. 15. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the i:ecorded document will be provided to Developer. 16. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 17. Developer certifies, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 5 29. 16A20 18. Developer certifies, by virtue of entering into this agreement, that Developer is the sole owner of the road impact construction lands. An attorney's opinion of title and a statement' of Developer's authority to enter into this agreement are provided by Developer and are attached hereto as Composite Exhibit "H." 19. The parties acknowledge that the land donation made pursuant to this agreement is an integral part of and a necessary accommodation to the Collier County transportation network. 20. The Developer certifies, by virtue of entering into this agreement, that the off-site improvements contributed, if any, are an integral part of and a necessary accommodation to the County's transportation network. 21. The off-site improvements, if any, exclude access improvements. 22. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. 23. Developer has provided an attorney's opinion' identifying any lienholders having a lien or encumbrance on the donated land or other contribution or provided a certificate of no liens. Said opinion is attached hereto as Exhibit" H." 24. Developer has provided, in Exhibit "H"., an attorney's opinion setting forth the legal authority and validity of any business entity utilized by the developer in the execution of this agreement~ including an a{fidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 25. The parties acknowledge that the donation and/or contribution is characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 26. The parties adopt the approved time schedule for completion of the plan as set forth and attached hereto as Exhibit "E." 27. The amount of the road impact fee credit to be granted under this agreement is $ The failure of the contribution agreement to address any pertinent condition, term or restriction of any regulatory permit shall not relieve either the applicant or owner, or their successors of the necessity of complying with any law, ordinance, rule or regulati0n governing any permit requirements, conditions, terms or restrictions. 30. This agreement shall be modified or revoked as is necessary to comply with relevant .state or federal laws, in the event state or federal laws are enacted after the 16A20 execution o'f the agreement which are applicable to and preclude the parties compliance with the terms of the contribution agreement. 31. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. 32. The road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. SPECIAL CONDITIONS AS TO cOUNTY: Attest: Dated: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDMSI0N OF THE STATE OF FLORIDA By:_ By: JAM~S D. CARTER, Ph.D., Chairman WITNESSES: Print Name: By: Signature Print Name: Title: Signature 16 20 STATB OF FLORIDA COUNTY OF LEE The foregoing instrument was. acknowledged before me this day of_ ,2000, by _, on behalf of ~ a(n) Corporation/Company. On behalf of the corporation anct limited liability company. He/She is [ ] personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (sEAL) (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson, Assistant County Attorney EXtlIBITS TO BE ATTACHED TO AGREEMENT Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" _ _ Description of Land _ - Written Appraisal . _ Certification of Probable Cost _ - Description of Land Donation and/or Contribution _ - Description and Timeline for Construction JHPJStandard D~velop~r Agreement 16A20 Exhibit "F" - - Impact Fee Construction Lands Exhibit "G" - Risk Management 'Guidelines Exhibit "H" - AttorneY~s Opinion of Title 16~20 Exhibit 4 Sample Application for Road Impact Fee Credit APPLICATION FOR ROAD IMPACT FEE CREDIT 16 20 (as stated in Developer Contribution Agreement) DATE Road Impact Fee Credit Amount Applicant's Name Address Status of Construction Site Location: Lot Block Site Address Telephone # Bldg. Permit # Subd & Unit # Name of Developer Agent for Developer Signature STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this date, before men, an office duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ~ personally known to me or produced - as identification and he acknowledged executing the same under authority duly vest in him. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2000. SEAL Signature of Notary 16~20 Appendix J Affordable Housing i State Housing Initiative Partnership (SHIP) Program 1 6~,20 Exhibit 1 Sample Affordable Housing I SHIP Application Package ~ 6~20 S.H.I.P. .IMPACT FEE WAIVER/DEFERRAL APPLICATION HOUSING AND URBAN IMPROVEMENT COLLIER COUNTY GOVERNMENT 3050 NORTH HORSESHOE DR. #145 NAPLES FLORIDA 34104 PHONE 403-2330 g/Lmpactfcesappl rev. 2/00 16 20 COLLIER COUNTY s.H.I.P. I1VIPACT FEE WAIVER/DEFERRAL PROGRAM APPLICANT NAMF~: SUBMITTAL DATE: · REQUIRED DOCUMENTATION - ALL FORMS MUST BE FILLED OUT COMPLETELY AND SIGNED. 1) Application for' Waiver/Deferral of Impact Fees 2) Resident Income Certification- Home Owner 3) 'Certification of Parfidpant (to be completed by mortgage lender) · 4) Verification of Empl0ymcnt 5) Unemployment Affidavit (if applicable) 6) Copy of Property Appraisal or Building Inspection . 7) Warranty Deed ofthe Property 8) Construction Contract 9) Site Plan __10) Copy of Completed Approved Mortgage Loan Application __11) Copy of last three years Income Tax Returns · 2~23/00 1 6A20 COLLIER COUNTY HOUSING AND URBAN IMPROVEMENT DEPT. S.H.I.P. IMPACT FEE WAIVER AND DEFERRAL ASSISTANCE The First Time Home buyers Impact Fee Waiver and Deferral Assistance Program is funded by the State Housing Initiative Partnership Isms! Program being administered by the Collier County Department of Housing and Urban Improvement. It provides interest-free, deferred or waived impact fees. Interested? Then read on for answers to some commonly asked questions about this loan program. 1. How do I qualify for this waiver or deferral? Your annual gross household income cannot exceed the maximum income limits based on your family size of: 100% Impact Fee Waiver - ][r~come Limits: 1 Person $20,700 3 Persons $26,600 2 Persons $23,650 4 Persons $29,550 5 Persons $31,900 6 Persons $34,300 7 Persons $36,650 8 Persons $39,000 50% Waiver/50% Deferral of Impact Fee - Income Limits: 1 Person $24,800 3 Persons $31,900 5 Persons $38,300 2 Persona $28,400 4 Persons $35,500 6 Persons $41, 100 7 Persons $44,000 8 Persons $46,800 25% Paid/75% Deferral of Impact Fees - Income Limits: 1 Person $33,100 3 Persons $42,550 5 Persons $ 51,050 2 Persons $37,800 4 Persons $47,300 6 Persons $54,850 7 Persons $58,650 8 Persons $62,400 2. What is a first time home buyer? You have not owned a home for at least the last three (3) years. 3. Are there any restrictions concerning the location of the property? No. The only criteria is that the property must be located in Collier County. '4. Are there residency requirements? No. 5. What can I use this money for? The money must be used to pay impact fees on new construction. Can I apply for the deferral/waiver program now? Yes, you may apply now at Collier County Housing and Urban Improvement. Funds are available on a first come, f~rst served basis, and are limited by the amount of money that is available through the SHIP program. So what's the catch? The "catch" is that you must occupy the home as your permanent residence. The impact fee amount waived or deferred is placed as a lien on the home by the County. You pay back the lien for deferred impact fees when you sell or re£mance your home. Liens for waived impact fees are forgiven after 15 years. 8. Are there limits on the price of the home? Yes. The maximum price of a new home is $106,365. What should I take to the Collier County Department of Housing and Urban Improvement when I apply for my waiver or deferral? You must have a building and financial commitment contingent upon receiving an impact fee waiver or deferral, or building plans to be able to secure a building permit, and the financial resources to be able to secure a mortgage loan commitment, or Financial resources to be able to complete the house. 10. Are rent to own homes included? Yes, as long as the title will pass within 24 months. 11. What other information should I be aware of?. All assisted property must procure and continue to be homesteaded. 12. Who do I call if I have questions about the impact fee waiver or deferral program? Collier County Department of Housing and Urban Improvement 3050 North Horseshoe Drive, Suite 145 Naples, Florida 34104, Phone (941) 403-2330 Impact Fee Wavier and Deferral Assistance Page 1 of 3 1 6A20 Collier County. Government Services HOUSING & URBAN IMPROVEMENT Community Development & Environ-mental Services HUI Home Paqe Back to Housing S.H.I.P. IMPACT FEE WAIVER AND DEFERRAL ASSISTANCE The First Time Homebuyers Impact Fee Waiver and Deferral Assistance Program is funded by the State Housing Initiative Partnership [SHIP] Program being administered by the Collier County Department of Housing and Urban Improvement. It provides interest-free, deferred or waived impact fees. Interested? Then read on for answers to some commonly asked questions about this loan program. 1. How do I qualify for this waiver or deferral? Your annual gross'household income cannot exceed the maximum income limitg based on your family size of: 100% Impact Fee Waiver - Income Limits: I Person - $22,750 2 Persons - $26,000 3 Persons - $29,250 4 Persons - $32,500 5 Persons - $35,100 6 Persons - $37,700 7 Persons - $40,300 8 Persons - $42,900 50% Waiver/50% Deferral of Impact Fee - Income Limits: 1 Person - $27,300 2 Persons - $31,200 3 Persons - $35,100 4 Persons - $39,000 5 Persons - $42,100 6 Persons - $45,200 7 Persons - $48,400 8 Persons - $51,500 25% Paid/75% Deferral of Impact Fees - Income Limits: Impact Fee Wavier and Deferral Assistance 1 Person - $36,400 2 Persons - $41,600 3 Persons - $46,800 4 Persons - $52,000 16 20 5 Persons - $56,150 6 Persons - $60,300 7 Persons - $64,500 8 Persons - $68,650 Page 2 of 3 2. What is a first time home buyer? You have not owned a home for at least the last three (3) years. 3. Are there any restrictions concerning the location of the property? No. The only criteria is that the property must be located in Collier County. 4. Are' there residency requirements? No: 5. What .can I use this money for? The money must be used to pay impact fees on new construction. 6. Can I apply for the deferral/waiver program now? Yes, you may apply now at Collier County Housing and Urban Improvement. Funds are available on a first come, first served basis, and are limited by the amount of money that is available through the SHIP program. 7. So what's the catch? The "catch" is that you. must occupy the home as your permanent residence. 8. Are there limits on the pr!ce of the home? Yes. The maximum price of a new home is $106,365. 9. What should I take to the Collier County Department of Housing and Urban Improvement when I apply for my waiver or deferral? You must have a building and financial commitment contingent upon receiving an impact fee waiver or deferral, or building plans to be able to secure a building permit, and the financial resources to be able to secure a mortgage loan commitment, or financial resources to be able to complete the house. 10. Are rent to own homes included? Yes, as long as the title will pass within 24 months. 11. What other information should I be aware of?. All assisted property must procure and continue to be homesteaded. 12. Who do I call ifI have questions about the impact fee waiver or deferral program? II Contact the Collier County Housing m~d Urban hnprovement Office: 941-403-2338, o'r send your e-mail to: LaurenBeard(d2coiliergov.net [Back to Home Pagel, Back to Housing, or Go To Top of Page c/factsheets/impfees Last Revised: {}4/18/{}1 08:53 AM 16 20 APPLICATION FOR WAIVER/DEFERRAL OF IMPACT FEES An applicant seeking WAIVER/DEFERRAL of impact fees for proposed construction shall file an "APPLICATION FOR WAIVER/DEFERRAL OF IMPACT FEES" with the Department of' Housing and Urban Improvement prior to receiving a building permit for the proposed construction. A. Name and address of Owner: B. Location and legal description of the property on which the construction shall take place: C. Family income level: D. Number of persons in the family: Owner must be a first time home buyer or must not have owned a home in the past three years. Yes I have owned a home in the last three years. __ No I have not owned a home in the last three years. F. The proposed construction price of the residential property (including the house, proper~y and excluding the impact fees): $ G. Do you have any assets, i.e.. savings, bonds, equity real property, or other form 6{ c. apital investment, etc. (do not include necessary items such as furniture or automobiles)? Yes No .. If yes, enter the total value of all assets owned by all persons: $ My signature certifies that all information given is true to the best of my knowledge, and that any misstatement could result in impact fees not being waived/deferred. Owner Date: Witness Date Witness Date Owner Date Witness Date Witness Date FLORIDA HOUSING FINANCE CORPORATION ! 6 20 227 North Bronough Street, Suite 5000 = Tallahassee, Florida 32301-1329 (850} 488-4197 · Fax (850) 410-2510 RESIDENT INCOME CERTIFICATION - HOME OWNER State Housing Initiatives Partnership .(SHIP) Program Effective Date: Allocation Year: Recipient Information (select one) a. Current homeowner b. Home buyer: Existing Dwelling Newly Constructed Dwelling B. Subsidy Use (check all that apply) Down Payment Assistance Principal Buy Down Closing Costs Rehabilitation Interest Subsidy Emergency Repair Loan Guarantee Other Co Household Information Member Names - All Household Members Relationship Age 1 2 3. 4 5 6 7 ~.ssets: All ~ousehotd members including minors Income from Member Asset Description Cash Value Assets 1 2 3 4 5 6 Total Cash Value of Assets Total Income from Assets D(b) If line D(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0 %) and enter results in D(c). otherwise leave blank. D(c) $ SHIP-RIC (Owner) Rev. 04/1999 ! 6 20 E. Antici )ated Annual Income: Includes unearned income and support paid on behalf o[ minors. Wages I Salaries (include tips, commission, Benefits I Public Member bonuses and Pensions Assistance Other Income Asset Income 1 (Enter the 2 greater of 3 box D(b) 4 or box D(c), 5 above, in box E(e) 6 7 below) (a) (b) (c) (d) (e) Totals $ $ $ $ $ Enter total of items E(a) through E(e). I This amount is the Annual Anticipated Household Income Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item C, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given, under penalty of perjury. WARNING: Florida Statute 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S 775.082 or 775.83. Signature of Head of Household Date Signaiure of Spouse or Co-Head of Household Date SHIP-RIC (Owner) Rev 04/1999 16A20 SHIP Administrator Statement: Based on the representations herein, and upon the proofs and documentation submitted pursuant to item F. hereof, the family or individual(s) named in item C of this Resident Income Certification is/are eligible under the provisions of Chapter 420, Part V, Florida Statutes, the family or individual(s) constitute(s) a: (check one) Very Low Income (VLI) Household means individuals or families whose annual income does not exceed 50% of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size (maximum Income Limit $ )- Low Income (LI) Household means individuals or families whose annual income does not exceed 80% of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size (maximum Income Limit $ )- Moderate Income (MI) Household means individuals or families whose annual income does not exceed 120% of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size (maximum Income Limit $ )- Based upon th~ (year) income limits for Metropolitan Statistical Area (MSA) or County, Florida. Signature of the SHIP Administrator or His/Her Designated Representative: {Signature) Name (Print or type name) Title Date H. HouSehold Data (to be complel, ed by Administrator or designee) Number of Persons By Age By Race I Ethnicity ,~, White Black Hispanic /~i~n India~ Oih~ 0 - 25 ~ - 40 41 - 61 62 + Special Target I Special Needs (Check all that appty) NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information unles-s he or she desires to do so, and refusal to give such information will not affect any right he or she has as an occupant. SHiP-RIC (Owner) ~v N411999 16/ 20 CERTIFICATION OF PARTICIPANT I, , duly authorized and acting officer of ., the participant originating both the mortgage loan and the Collier County SHIP program, do hereby depose and say, for and on behalf of the participant that: (1) To the best of the participant's knowledge, the foregoing information is true and correct and that the income limit established by HUD is for the county in which the residence being acquired is located; (2) The participant is not aware of any facts or circumstances that would cause it to question the truth or completeness of any portion of the foregoing borrower profile; (3) In the course of processing the loan documents concerning the mortgagor(s) , each investigation undertaken by the participant has provided no information which would lead the participant to believe that the results of such investigation are in any way false or misleading. (4) The processing fees and closing costs paid by the mortgagor(s) are reasonable and customary and: (5) All loan funds will be applied to the impact fees and the mortgagor(s) will not receive any portion of the loan funds in cash. Authorized Signature Title STATE OF COUNTY OF (Please Type or Print Name) Date The foregoing certification was acknowledged before me this day of 2000 by who is personally known to me or who has produced as identification. (Notary Seal) Signature of person taking acknowledgement Print or Type Name of Acknowledger CERTIFICATION OF FINANCIAL INSTITUTION I, , duly authorized and acting officer of the above named financial institution, do hereby certify that to the best of my knowledge the foregoing information is true and correct and that the current annual family income of the applicant(s) is less than the HUD income limit established by Collier County in which the residence being acquired is located. Authorized Signature (Please type or print name) Title (Please print or type) Date VERIFICATION OF EMPLOYMENT ! 6 20 The applicant identified below has applied for an impact fee waiver/deferral offered by the Collier County Housing and Urban Improvement Department. Our regulations require that in order for the individual/family to be eligible, sources of income and employment must be verified. The individual below has authorized your release of the information requested on this form. The information you provide will be used only for the purpose of determining the individual/family's eligibility for the program.. The Housing and Urban Improvement Department and the applicant are required to complete the application process in a short period and would appreciate your prompt response. A self-address envelope is enclosed with this request for your convenience. If you have any questions, please feel free to contact the Housing and Urban Improvement Department at 403-2330. Thank you for your cooperation. PART 1. APPLICANT INFORMATION. (To be completed by applicant) Nanle: Address: PART 2. EMPLOYER INFORMATION. (To be completed by applicant) Employer Name: Address: PART 3. EMPLOYMENT INFORMATION. (To be completed by employer) a) · b) c) d) e) 0 g) h) i) J) k) m) n) Date of employment: Date of termination: Current rate of regular pay $ Current rate of overtime pay $ Do you anticipate any change in the employee rate of pay in the near future? Yes No Number of hours a week employee normally works Do you anticipate any change in the number of hours the employee works? Yes No Anticipated average amount of overtime per week Gross annual earnings you anticipate for this employee '~r the next twelve months. (include all tips, bonuses, overtime, commission) $ Does this employee receive sick leave pay? Yes __ No __ Does this employee receive vacation with pay? Yes ~ No __ If employee' s work is seasonal or sporadic, indicate lay-off period. Does employee receive an earned income tax credit? Yes ~ No __ If yes indicate amount included in pay check $ Additional comments: Completed by: Signature Title Date (to be completed if applicable) UNEMPLOYED AFFIDAVIT 1 6A20 BEFORE ME THIS DAY OF , 1999, PERSONALLY APPEARED WHO, BEING DULY SWORN, DEPOSES AND SAYS: 1. I have made application for an Impact Fee Waiver/Deferral from the Collier County Housing and Urban Improvement Department. 2. Check (a) or Co) as applicable: (a) I am not presently employed but anticipate becoming employed within the next twelve months. I am not presently employed and do not anticipate becoming employed with the next twelve months. Based on my past work experience, skills, and income history as reflected in my income tax retain for. the most recent tax year (copy attached) and with adjustments to reflect circumstances anticipated within the next twelve months, I expect to earn $ per year when I become employed. Signature Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999 by (name of person acknowledging), who is personally known to me or who has produced '-~ (type of identification) as identification. Signature or Person Taking Acknowledgment Name of Acknowledger Typed or Printed NOTARY SEAL 16~20 Exhibit 2' Sample Impact Fee Calculation Letters and Worksheets 16A20 Apfill9,2001 Melva Northstar Mortgage Fax#: 417-9111 Re: Applicant: Jesus and Dulce Rodriguez Collier County Impact Fee - 75% Deferral of Impact Fees Dea~ Melva, This serves as verification that Jesus and Dulce Rodriguez qualify for a 75% deferral of Collier County impact fees. Please have your client contact me to make arrangements for them to come to this office and sign the Agreement for 75% Deferral of Collier County Impact Fees. I am attaching a form that needs to be completed regarding the amount of Impact Fees to be waived. Please have completed and fax back to me at 403-2331. These amounts are needed in order to complete the Agreement. The amount of the Impact fees waived and/or deferred will need to be shown on the settlement statement as a credit OR an addendum to the contract lowering the purchase price by the amount of the waived/deferred impact fees, signed by ali parties. There are still tWo forms that need to be completed. They are: the Certification of Participant and the site plan. Showing the location of the house and driveway. The Agreement will be forwarded to the County Attorney for review and then to the County Manager for approval after the borrower has signed the Agreement. If you have any questions regarding the above, please contact me. Sincerely, Lauren J. Beard Planner I, Housing and Urban Improvement 16/ 20 April 13, 2001 Golden Dream Homes Fax #: 352-9300 Re: Applicant: Enrique Munoz and. Iboyne Alvarez Collier County Impact Fee - 75% Deferral of Impact Fees Dear veronica, This serves as verification that Enrique Munoz and Iboyne Alvarez qualify £or a 75% deferral o£ Collier County impact fees. I am attaching a form that needs to be completed regarding the amount of Impact Fees to be waived. Please have completed and fax back to me at 403-2331. These amounts are needed in order to complete the Agreement. There are still two items that need in order to complete the file. They are: current Warranty Deed ~nd Site Plan. Please have your client contact me to make arrangements for them to come to this office and sign the Agreement for 75% Deferral of Collier County Impact Fees once the above forms have been completed and returned to me. The amount of the Impact fees waived and/or deferred will need to be shown on the settlement statement as a credit OR an addendum to the contract lowering the purchase price by the amount of the waived/deferred impact fees, signed by all parties. The Agreement will'be forwarded to the County Attorney for review and then to the County Manager for approval after the borrower has signed the Agreement. Please note: To receive the impact fee waiver/deferral you must have the recorded Impact Fee Agreement with you when you apply for permitting. If you have any questions regarding the above, please contact me. Sincerely, Lauren J.' Beard Planner I, Housing and Urban Improvement 16 20 IMPACT FEE SCHEDULE B orr ower: Property Address: Legal Description: Alexi Campos & Maria Hemandez 530 20th Street NE., Naples, FL 34120 the S 75' ofthe N 150' of Tract 83, Golden Gate Estates, Unit 50 Folio Number: 39328880009 Squ.are Footage Under Air: 1,325 Single Family Home Impact Fees Library System Road Parks Impact Fees Correctional Facilities Educational Facilities Emergency Medical Water (City/County)* Sewer (City/County)* Amount $ s-'n~.o~ ~- $ $ I~-x~. ~ $ $ ---. $~ * Please circle to determine whether City of County Fee. The Waived/Deferred Impact Fees will need to be shown as a · credit on the settlement statement OR an addendum to the 1 6~20 Exhibit 3 Sample Affordable Housing Impact Fee Waiver I Deferral Agreements ! 6 20 AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES FOR NON-MULTI-FAMILY DWELLINGS This Agreement for the Waiver of Impact Fees entered into this day of , 2001 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Orlando & Yolanda Moreno, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the oftice of Housing and Urban Improvement Department; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 100% waiver of impact fees as established in the Impact Fee Ordinance; and ! 6A20 WItEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of impact fees for OWNER, and WI-IEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, TI-[EREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by r6ference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; 16A20 The Dwelling Unit shall be the homestead of owner; c. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and d. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,698.82 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver q.ualiftcation criteria detailed in the Impact Fee Ordinance. A list of the various waived impact fees is attached hereto as Exhibit "B." 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the amount of the waived impact fees shall immediately be paid to the COUNTY in full. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement, however, are to be considered junior, inferior and subordinate to the first mortgage loan. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the 16A20 cOUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gif~ of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien for the waived impact fees against the Dwelling Unit until the provisions of Section $ are satisfied, regardless of any foreclosure on the fn'st mortgage or other security interest. 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement (1) 3vhere OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance, except that any foreclosure by a first mortgage holder or other holder of a security interest will not accelerate payment of any outstanding impact fees that have been waived. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 1 6/ 20 Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until pM.d_. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNER: Print Name Orlando Moreno Print Name Yolanda Moreno STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this 2001, by Orlando & Yolanda Moreno. She is personally .(type of identification) day of known to me or produced identification. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment 16A20 BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By. THOMAS W. OLLIFF, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this __ 2000, by Thomas W. Olliff. He is personally known to me or produced identification) as identification. day of (type of [NOTARIAL SEAL] Signature of Person Taking Acknowledgment Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney Revised 12/4/00 16A20 EXHIBIT 'A ' LEGAL DISCRIPTION ORLANDO & YOLANDA MORENO RESIDENCE LOT 10, BLOCK 12, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. IMPACT FEE BREAKDOWN EXHIBIT "B" B, C. D. E. F. G. H. Library Impact Fee $ Road Impact Fee Parks Impact Fee: EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee 214.00 1,825.00 820.84 93.00 1,778.00 1,275.00 $1,575.00 117.98 TOTAL IMPACT FEES $7,698.82 16 20 AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR NON-MULTI-FAMILY DWELLINGS This Agreement for the Waiver of Impact Fees entered into this day of , 2001 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and AAA, hereinafter referred to as. "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 8g-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 9g-69, the Kcgional Water and/or Sewer Systems Impact Fee Ordinance; as they may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and 16 20 WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of' impact fees for OWNER, and ~E'P~AS, iiie' l~-pa'ct-Fee Ordinance. requires that' the OWNER enter' into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accOrdance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices' to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time homebuyer; o The Dwelling Unit shall be the homestead of owner; 16A20 c. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and d. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of / pursuant to the Impact Fee Ordinance. In return for the 50% waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, the amount of the waived/deferred impact fees shall immediately be paid to the COUNTY in full. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement,however, are to be considered junior, inferior and subordinate to the first mortgage loan. 16A20 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon full payment of the waived impact fees; and upon full payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien for the waived/deferred impact fees against the Dwelling Unit until the provisions of Section 8 are satisfied, regardless of any foreclosure n the first mortgage or other security interest. 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. I 1. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 16A20 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance, except that any foreclosure by a first mortgage holder or the other holder of a security interest will not accelerate payment of any outstanding impact fees that have been waived/deferred. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 13. Except as set forth in paragraph 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County .taxes. Should the OWNER be in default of this Agree.merit, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other fight or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed Waiver/Deferral of Impact Fees on the date and year first above written. this Agreement for Witnesses: OWNER: 16 20 Print Name Print Name STATE OF ) COUNTY OF ,) The foregoing instrument was acknowledged before me this 2001, by AAA. They are personally known to me or produced identification) as identification. day of .(type of NOTARY PUBLIC BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By THOMAS W. OLLIFF, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ~ day of Thomas W. Olliff, County Manager for Collier County. He is personally known to me. ., 20 , by NOTARY PUBLIC Approved as to form and legal sufficiency Thomas C. Palmer, Assistant County Attorney EXHIBIT 'A' LEGAL DISCRIPTION 16A20 AAA THE WEST 150 FEET OF TRACT 118, GOLDEN GATE ESTATES, UNIT 74, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT 'B' IMPACT FEE BREAKDO~VN A. Library Impact Fee $ ~. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Correctional Facilities Impact Fee G. Water Impact Fee H. Sewer Impact Fee 214.00 ,/ 25.oo 820.$4 93.00 1,778.00 117.98 N/A N/A TOTAL IMPACT FEES $4,848.82 ! 6A20 AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR NON-MULTI-FAMILY DWELLINGS This Agreement for the 75% Deferral of Impact Fees entered into this __ day of _, 2001 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and I hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational 'Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems Impact Fee Ordinance; as they may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral and 16A20 WHEREAS, by signing this Agreement, the County Manager has approved a deferral of impact fees for OWNER, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for ~ale in accordance with the standards set forth in 'the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. bo Owner maintains a household with a moderate income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 16A20 Co The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $II pursuant to the Impact Fee Ordinance. In return for the 75% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance. Twenty-five percent (25%) of the impact fees shall be paid to the County upon issuance of the building permit.. A list of the various impact fees is attached hereto as Exhibit "B." 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, the amount of the waived impact fees shall immediately be paid to the COUNTY in full. ..... 7~- LIEN. The deferred impact fees Shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement, however, are to be considered junior, inferior and subordinate to the first mortgage loan. 16 20 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien for the deferred impact fees against the Dwelling Unit until the provisions of paragraph 8 are satisfied, regardless of any foreclosure on the first mortgage or other security interest. 10. RECORDING, This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail t° comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full by OWNER within 30 days of said non-compliance, except that any foreclosure by a first mortgage holder or the other holder of a security interest will 1 6A20 not accelerate payment of any outstanding impact fees that have been deferred. OWNER agrees that the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until paid. Except as set forth in paragraph 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written nOtice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in. enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Deferral of Impact Fees on the date and year first above written. Witnesses: OWNER: Print Name Print Name OWNER: STATE OF ) COUNTY OF ) 1 6 20 The foregoing instrument was acknowledged before me this ~ 2001, by ~. They are personally known to me or produced identification) as'identification. day of (type [NOTARIAL SEAL] Signature of Person Taking Acknowledgment BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By'. THOMAS W. OLLIFF, COUNTY MANAGER STATE OF 'FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2001, by Thomas W. Olliff, County Manager. He is personally known to .(type of identification) as me or produced identification. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney 16A20 EXHIBIT 'A' LEGAL DISCRIPTION THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 83, GOLDEN GATE ESTATES, UNIT 50, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 82 AND 83, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPACT FEE BREAKDOWN Ao B. C. D. E. F. G. H. Library Impact Fee $ Road Impact Fee Parks Impact Fee: EMS Impact Fee Educational Facilities System Impact Fee Correctional Facilities Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES 214.00 1,825.00 820.84 93.00 1,778.00 117.98 n/a n/a $4,848.82 DEFERRED IMPACT FEES $3,636.61 1_ 61 20 16AZO AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of~ 2000, by the County manager on behalf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County .Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers Of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNEI~, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: - 1 - incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendic.~s to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,698.82 p. ursuant to the Impact Fee Ordinance. In return for the waiver of the. impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. A list of the various waived impact fees is attached hereto as Exhibit "B." 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen y_ears after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the County Manager, 1 I. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (I 5) days .after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise chromed by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 3 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. 1 6A20 Witnesses: OWNERS: HABITAT FOR HUMANITY OF Print Name COLLIER COUNTY, INC. Print Name BY: Samuel J. Durso, M.D., President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ~ day of ,2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Primed or Stamped BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: THOMAS W. OLLIFF, COUNTY MANAGER STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ~. day of by Thomas W. Olliff, the County Manager. He is personally known to me. ,2000 [NOTARIAL SEAL] Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION 16A20 EXHIBIT "B" IMPACT FEE BREAKDOWN B. C. D. E. F. O. H. Library Impact Fee $ Road Impact Fee Parks Impact Fee: EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee 214.00 1,825.00 820.84 93.00 1,778.00 1,275.00 $1,575.00 117.98 TOTAL IMPACT FEES $7,698.82 - 5