Ordinance 2007-29
\'1-131415'6
Q" ~ ~
~ ~
0) ~
Cb . -- ~
" ,- Ill" fIM1 'i>
~ntjm B
<', \W ~
~Oe ~~
6Z~L1, AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 2001-13, AS AMENDED (THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE); AMENDING
ARTICLE TWO, IMPACT FEES, SECTION 74-202 PAYMENT
AND SECTION 74-203 USE OF FUNDS; AMENDING ARTICLE
THREE, SECTION 74-302 SPECIAL REQUIREMENTS FOR
ROAD IMPACT FEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 2007-..2..L
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance
No. 2001-13, establishing the Collier County Consolidated Impact Fee Ordinance; and
WHEREAS, on or about April 23, 2002, the Board of County Commissioners directed
county staff to prepare and publicly advertise a hearing on the Board's intent to consider
amending the aforementioned ordinance to further clarify the County's policy pertaining to the
allocation and utilization of road impact fees in adjacent Collier County Road Impact Fee
District(s) for roadway improvements reasonably related to impacts created by an adjacent
Impact Fee District(s); and
WHEREAS, on February 27, 2007, the Board of County Commissioners approved the
following proposed revisions to Ordinance No. 2001-13, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2001-13, as amended, is hereby amended to read as follows:
SECTION ONE:
Amendment to Article Two, Impact Fees: Section 74-202 Payment
and Section 74-203 Use of Funds.
Article Two, Sections 74-202 and 74-203, of Collier County Ordinance No. ~m-lg as
r-:;.p -.I
amended, are hereby amended to read as follows: ~~:::; ~ "
>- :-~! ::0 _
<nHi ' r
~ :z.: Ul
SECTION 74-202. Payment. ~Tl~;l ::0 m
." ." _'l:
(a) Unless deferred or waived by a written agreement with the county as ~part)N 0
AJ~ ..
thereto, or unless exempted, the impact fee shall be paid in full as a prerequisit~th~
issuance of a building permit for the development, and no building permit or any other
authorization to use the land included in the development shall be issued until each
applicable impact fee has been paid in full. Notwithstanding any other provision of
this section, staff shall not accept pre-payment (early payment) of impact fees prior to
submittal of the related and complete building permit application for the respective
development in all cases where issuance of a conventional building permit renders the
respective impact fees due and payable. In instances where a conventional building
permit is not required (e.g., golf course, park, change of use, etc.), staff shall not accept
1
Underlined Words are added; Struck Through words are deleted.
pre-payment (early payment) of impact fees prior to the (whichever occurs first) event
that renders such impact fees due and payable. Payment of estimated impact fees
prerequisite to issuance of a certificate of public facility adequacy (COA) is not
prohibited pre-payment, and pre-payment of estimated impact fees shall not
grandfather such estimated impact fees against impact fee increases, if any, that occur
subsequent to such pre-payment but before the respective estimated impact fees are
quantified and become finally due and payable.
(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 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
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.
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.
(2) 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 the same as if the
development were in unincorporated Collier eCounty.
(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
2
Underlined Words are added; Struck Through words are deleted.
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 fees and impact fees paid shall run
with the land. Assignment of impact fee credits from one parcel 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: (i) expires prior to
commencement of any part of the development for which the building permit was
issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the
permit's revision results in a reduction in the impact fees applicable for the
development, or (iv) results in the impact fees being overpaid due to an incorrect
application of the rate schedule, calculation error(s), or prior payment within the same
subject property, the then current owner/applicant may within 90 days of the expiration
of, cancellation of, overpayment for, or approved revision to the building permit, apply
for a reimbursement of a portion of or the entire impact fee, depending on the basis for
the request for reimbursement. All such requests for reimbursement shall be calculated
by applying the impact fee rate schedule that was in effect on the date of the respective
building permit application. Failure to make timely application for a reimbursement of
the impact fee shall waive any right to a reimbursement.
(1) The application for reimbursement 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,
cancellation or approval of the revision, as applicable;
f. Payment of a non-refundable "impact fee reimbursement processing
fee" equal to two percent of the total impact fees requested to be
reimbursed, except that the minimum processing fee shall be $25.00 and
the maximum processing fee will not exceed $500.00. Reimbursement
requests which are determined to arise from either an incorrect
application of the rate schedule or a calculation error by county staff
will not be required to pay the "impact fee reimbursement processing
fee. "
g. If the request is due to a revision to the building permit, a copy of the
approved revision including original and revised square footage,
3
Underlined Words are added; Struck Through words are deleted.
number of units, date of approval of the revision, and an explanation of
the nature of the revision (change of size, use, etc.);
h. If the request is due to an overpayment, receipts from prevIOus
payments, corresponding building permit numbers, and evidence of the
current square footage (area) and uses of existing structures must be
included in the application.
(2) After verifying that the building permit has expired or was cancelled before
the development had commenced or was revised and thereby required a
reduction in the impact fee assessed for the development, the county
manager shall forward the request for reimbursement of the impact fee to the
appropriate division staff for further processing as set forth below.
(3) If a building permit is subsequently issued for a development on the same
property, which was previously approved for a reimbursement, then the
impact fee in effect at that time must be paid.
(4) After verifying all information relating to the request for reimbursement,
staff shall forward the request to the applicable division administrator for
approval. The division administrator shall approve or deny the request and
forward all approved requests to the clerk of the circuit court's finance
department for processing.
(5) All reimbursement requests totaling $25,000.00 or more, cannot be approved
administratively and must be submitted to the Board of County
Commissioners.
(i) In the event the county or a municipality issues separate building permits for
a building or part of a building within a development which by design contemplates
phased (delayed) occupancy, the 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.
G) 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 applicable rate
schedule.
4
Underlined Words are added; Struck Through words are deleted.
(1) 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.
(m) All refunds not specifically addressed herein or in other sections shall follow
the procedurer s] set forth in the Collier County Administrative Procedures Manual for
Road Impact Fees.
SECTION 74-203. Use of funds.
(a) The board hereby establishes or reaffirms the establishment of separate impact
fee trust funds for each ofthe public facilities, designated as follows:
(1) Road: "Road Impact Fee Trust Fund;"t
(2) Water and sewer: "Water Impact Fee and/or Sewer Impact Fee Trust Funds";
The county hereby establishes or reaffirms the 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 service paid by development located in municipalities within the
county 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
the county will be deposited);
(4) Library: "Library Impact Fee Trust Fund;"t
(5) Emergency medical: "Emergency Medical Services Impact Fees Trust Fund;"t
(6) Educational: "Educational Impact Fee Trust Fund;"t
(7) Correctional: "Correctional Impact Fee Trust Fund;"t
(8) Fire:"Fire Impact Fee Trust Fund;"t
(9) General government: "General Government Impact Fee Trust Fund;"t
(10) Law Enforcement: "Law Enforcement Impact Fee Trust Fund."
Each of these impact fee trust funds shall be maintained separate and apart from each
other and from all other funds of the county. Each fund shall account for all collections,
revenues and expenditures, and shall be regularly reported to the board of county
commISSIOners. The portion of the impact fee allocated to each public facility under
sections 74-302 through 74-311, 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 74-311. No impact fee in any trust account shall be
5
Underlined Words are added; Struck Through words are deleted.
loaned to any other impact fee trust account. but may be utilized in adiacent districts as set
forth herein.
(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 or in that Road Impact Fee District or anyone or more adjacent Road Impact Fee
District for which the impact fee was assessed including, but not limited to the following:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Construction and design of public facilities;
(4) Land and materials acquisition, including costs of acquisition and condemnation;
(5) Right-of-way acquisition, including costs of acquisition and condemnation;
(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 project that increases
capacity. Other capital cost items, including the relocation, but not the upsizing
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, relocating the respective utility facilities
required by the county and additions to county utility facilities;
(9) Landscaping;
(10) Construction management and inspection;
(11) Surveying, soils and material testing;
(12) For the water impact fee only, development of raw water sources and supplies;
(13) Acquisition of capital equipment for public facilities;
(14) 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;
(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 F.S. SS 230.23 and 235.056, for education 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 chapter;
(17) Reimbursement of excess impact fees due pursuant to section 74-202 or section
74-205;
6
Underlined Words are added; Struck Through words are deleted.
(18) Design and construction of public facilities necessitated by the construction ofthe
specific 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
pursuant 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.
(c) 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-year ClEo
(d) 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, the
comprehensive plan, or in the county's then current water or sewer master plan provided the
project in the respective master plan is consistent with the comprehensive plan.
(e) All funds on deposit which are not then immediately necessary for expenditures
shall be invested by the county in compound-interest bearing trust fund(s). All income
derived from such investments shall be deposited in the specific impact fee trust fund from
which the invested funds came. To the extent not prohibited by law, rule, regulation or
contract (including bond covenants), interest then accrued in the respective trust fund shall
be used to fully fund "not-for-profit" charitable entity impact fees waivers. Accrued interest
in one trust fund shall not be loaned to, transferred to, or otherwise be treated to the credit of
any other trust fund or any other account. Impact fee waivers granted by the board shall be
paid from accrued interest from each trust fund affected by the waivers. In the event the
administrator of a respective trust fund is of the opinion that then accrued interest in the
respective impact fee trust fund is insufficient to fund the then pending requested waivers,
the manager of each such trust fund shall notify the county manager in writing of the factual
and legal bases for those opinions. Accrued interest shall be deemed to "be available" to
fund these "not-for-profit, charitable entity" waivers unless there then exists an actual legal
prohibition whereby that accrued interest cannot legally be used to fund the requested
walvers.
(f) 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 which fees have not been
expanded 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:
7
Underlined Words are added; Struck Through words are deleted.
(1) The then current owner shall petition 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
d. A copy of the most recent ad valorem tax bill.
(3) Within 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 impact 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 (e)
shall be paid with interest accrued to the principal being refunded but not to
exceed the rate of five percent simple interest. Except as provided for in this
subsection (e), no interest shall be paid upon the return or refund of impact fees.
(g) 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. All refunds not specifically addressed herein or in other sections
shall follow the procedure(s) set forth in the Collier County Administrative Procedures
Manual for Road Impact Fees.
(h) Notwithstanding any other proVISIOns 111 this section or 111 any other county
ordinance, the provisions in subsection (D) of section 19, Chapter 88-499, Laws of Florida,
a Florida Special Act applicable to the county's water-sewer district, specify the
requirements for eligibility for refunds of water and sewer impact fees when the structure on
the property is not authorized to connect into the county's respective utility system within
ten years of the date of payment of the related impact fees. The administrator of the public
utilities division is authorized to grant such refunds without further approval from the board
subject to the refund applicant complying with all then applicable refund requirements.
(i) Impact fee waivers or deferrals available to charitable organizations and
charitable trusts. These impact fees waivers are available only to eligible to not-for-profit,
charitable entities as specified herein. The cumulative total of all not-for-profit waivers in
each of the county's fiscal years shall not exceed $200,000.00. If the total amount of
impact fees waived pursuant to these provisions in a fiscal year is less than $200,000.00 (or
is less than the higher total in the funding account for that fiscal year because of prior cash
8
Underlined Words are added; Struck Through words are deleted.
carrying-forward) some or all of the sum of money not waived can be carried forward and
thereby added to the $200,000.00, to a maximum balance of $500,000.00 funding for the
next fiscal year. Neither impact fees collected by the county for educational facilities nor
fire impact fees shall be waived under these provisions.
(1) Entities eligible for waivers. These waivers are available only to charitable, not-
for-profit entities that provide services of substantial benefit to low income or
very low income residents of the county at no charge or at reasonable, reduced
rates, and no part of the net earnings of the entity shall inure to the benefit of any
private shareholder or individual, and the entity complies with at least one of the
following:
a. The entity is described in subsection 50l(C)(3) of Chapter 26 of the United
States Internal Revenue Code as a corporation, a community chest, a fund, or
a foundation, organized and operated exclusively for charitable purposes, or
for prevention of cruelty to children, and is then exempt from taxes under
Section 50l(a) therein; or
b. The entity is described in Subsections 50l(C)(4)(A) and (B) of Chapter 26 of
the United States Internal Revenue Code as either a Civic League or an
organization not organized for profit, is operated exclusively for the
promotion of social welfare, and is exempt from taxes under Section 50l(a),
therein; or
c. The entity is described in Subsection 50l(C)(20) of Chapter 26 of the United
States Internal Revenue Code as an organization or trust, the exclusive
function of which is to form part of a qualified group legal services plan or
plans within the meaning of Section 120 as referenced therein; or
d. The entity is a hospital, a cooperative hospital service organization, a medical
research organization, or similar organization under any provision within (or
referenced) in Section 501 of Chapter 26 of the United States Internal
Revenue Code and the entity is exempt from federal income taxation; or
e. The entity is then exempt from Florida's annual and nonrecurring intangible
taxes pursuant to F.S. S 199.185(4), as a "Charitable Trust" and at least 95
percent of its income is paid to one or more of the above-listed federal tax
exempt entities.
(2) Amount of waivers available to applicants. Subject to not exceeding the amount
of impact fees paid (or to be paid) by the applicant to the county, the applicant
may request waivers of all impact fees that are waivable under these provisions,
but no applicant shall be granted more than $7,500.00 of not- for-profit waivers.
(3) No construction that has obtained an affordable housing deferral under this article
shall be eligible for any waiver under these provisions. No construction that has
been granted a waiver under these provisions shall be eligible for any county
affordable housing deferrals.
(4) Applications for waivers pursuant to this section 74-203.
9
Underlined Words are added; Struck Through words are deleted.
a. Except as specified in this subparagraph a., the applicant must file a written
waiver request application to the county manager not later than concurrently
with payment of the respective impact fees. The county shall not accept any
such applications after the respective impact fees have been paid to the county
except in those instance when the Collier County building permit that
authorized the respective waiver eligible development was issued after
September 7, 2001 and before October 13,2001 and the development paid the
applicable impact fees in full. The applicant can avoid payment of impact
fees (up to the maximum amount of impact fees that may possibly be waived
for that applicant) only when it is possible that the board may grant the
requested waiver before the respective impact fees become due and payable to
the county. The application must prove all of the applicable above-specified
elements that render the entity eligible for the requested waivers, including the
required tax exemptions(s). The county manager may request additional
information deemed appropriate to ascertain the applicant's eligibility for the
requested waivers, including criteria noted in F.S SS 196.195 and/or 196.196.
b. No priority shall be given to any application based on any "first come, first
served" basis. The county manager shall review each application to determine
eligibility for the requested waivers. Within 30 days after receipt of the
application, the county manager should inform the applicant in writing
whether the application is complete. If the application is incomplete, the
application may be returned to the applicant, specifying in writing why the
application fails to prove that the entity is eligible for the requested waivers.
After receipt of such notice, the applicant shall have an additional 30 days to
re-submit an amended application. Failure to meet this deadline shall void the
applicant's eligibility for the requested waivers unless an extension is granted
for good cause at the county manager's discretion.
c. After an application is determined by the county manager to meet the above
specified minimum filing requirements, the county manager shall promptly
place the application request on the county's manager portion of the board's
agenda. The fiscal year in which the waiver application is granted or denied
by the board shall be the fiscal year that applies to the application. The
executive summary shall specify the criteria deemed by the county manager to
render the applicant eligible (or ineligible) for the requested waivers, and shall
include the county manager's recommendations whether the board should
grant the request in whole or in part, or should deny the request, along with a
proposed resolution that may be adopted by the board that contains specific
findings that the applicant is (or is not) eligible for the requested waivers. No
resolution shall apply to more than one applicant. Waivers granted shall be
final and vested immediately upon adoption of the resolution.
(5) Not-for-profit waivers are discretionary and the board's decisions are final.
10
Underlined Words are added; Struck Through words are deleted.
(6) The county manager may adopt additional generally applicable procedural rules
with regard to application requests provided those rules apply to all similarly
situated applicants and do not impose additional mandatory eligibility
requirements upon any applicant.
(7) No construction that has applied for or obtained Fee Payment Assistance
Funding under Chapter 49 of the Collier County Code of Laws and Ordinances
shall be eligible for any waiver under these provisions. No construction that has
been granted a waiver under these provisions shall be eligible for any county fee
payment assistance funding.
SECTION TWO: Amendment to Article Three, Section 74-302, Special Requirements for
Road Impact Fees.
Article Three, Section 74-302, Special Requirements for Road Impact Fees of Collier
County Ordinance No. 2001-37, as amended, is hereby amended to read as follows:
Sec. 74-302. Special requirements for road impact fee.
(a) Short name. This section may be known as "Special Requirements for Road Impact
Fee."
(b) Purpose. 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 to the 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 shall 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
within the state highway system, the 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 between
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 equitably and
11
Underlined Words are added; Struck Through words are deleted.
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 the county. In recognition of these
findings, it is the intent of the 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 to 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 offunds.
(1) The road impact fee shall provide funds only for off-site growth necessitated
improvements or addition(s) to transportation network roads within the same road
impact fee district where the respective development is located or for arterial or
collector roadways of anyone or more adjacent districts. ,^J1 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 f~e district and the artorial 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 is part of the transportation
network that 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 reasonably related 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 board and the board shall
support the approval by a specific finding of benefit.
(3) Access improvements, including required right-of-way 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).
12
Underlined Words are added; Struck Through words are deleted.
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 No. 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 all areas previously included within district numbers 3 and 5 created
by Ordinance No. 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 No. 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 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 No. 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 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 No. 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 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 No. 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
13
Underlined Words are added; Struck Through words are deleted.
shall include all areas previously included within district number 11 created by
Ordinance No. 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 No. 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 separate trust
funds for the road impact fees to be designated as the "District Number 1 Road Impact
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.
(g) Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the
county shall commence a three-year road impact fee update cycle pursuant to subsections 74-
20l(b) and 74-502(a) of this chapter. On or about November 1, of each of the two mid-years
between updates, the county shall implement indexed adjustments to the cost components of
design, utilities, mitigation, interchange, carrying cost, construction, engineering, inspection and
the non-land components of right-of-way acquisition costs based on the Florida Department of
Transportation Price Trends Index based on the three-year historical trend, weighted as 25
percent of the index. The index adjustment to the land value component of rights-of-way costs
shall be based on the ten-year historical trend in total just values for all property as updated
annually by the Collier County Property Appraiser, weighted as 75 percent of the index. The
annual increases in the total just values for all property shall be capped at 25 percent for any
given year included in the average. Mid-cycle indexed rate change adjustments shall be adopted
by a resolution of the board pursuant to subsection 74-210(b) of this chapter.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance 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.
14
Underlined Words are added; Struck Through words are deleted.
SECTION FIVE: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this 2ih day of February, 2007.
r":j r-..'
A TTJ;:ST: 1,
PWXGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
L,," ,
7h~J/:
:=":':I~l~
Approved as to form and
]~~"R ,~
Scott R. Teach,
Assistant County Attorney
.'1.,
'...-'..
JX S COLETTA, CHAIRMAN
This ordinance filed with the
Se.E[etory of State's Office the
.22:2 day of fYl4rch , 2.lX>1
and acknowledgement/J that
f;lin~W:d ~~. day
of ~ u. ~
15 By o.>#cf}
Underlined Words are added; Struck Through words are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-29
Which was adopted by the Board of County Commissioners
on the 27th day of February, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County C~l11mi~s'iqners
'.
~~,~,. .
By: Martha ve~~
Dep1,l~y Cle:!:,k