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Chapter 74 - Impact Fee RegulationsChapter 74 IMPACT FEE REGULATIONS* Article I. General Secs. 74-1—74-100. Reserved. Sec. 74-101. Short title. Sec. 74-102. Authority. Sec. 74-103. Applicability. Sec. 74-104. Findings. Sec. 74-105. Purpose. Sec. 74-106. Adoption of impact fee studies. Sec. 74-107. Rules of construction. Sec. 74-108. General definitions. Secs. 74-109—74-200. Reserved. Article II. Impact Fees Sec. 74-201. Imposition of impact fees. Sec. 74-202. Payment. Sec. 74-203. Use of funds. Sec. 74-204. Alternative fee calculation. Sec. 74-205. Developer contribution credit. Secs. 74-206—74-300. Reserved. Article III. Special Requirements for Specific Types of Impact Fees Sec. 74-301. Overview of special requirements. Sec. 74-302. Special requirements for road impact fee. Sec. 74-303. Special requirements for water impact fee and/or sewer impact fee. Sec. 74-304. Same—Parks and recreation impact fee. Sec. 74-305. Same—Library impact fee. Sec. 74-306. Same—Emergency medical services impact fee. Sec. 74-307. Same—Educational facilities impact fee. Sec. 74-308. Same—Correctional impact fee. Sec. 74-309. Same—Fire impact fee. Sec. 74-310. Same—General government building impact fee. Sec. 74-311. Special requirements for law enforcement impact fee. Secs. 74-312—74-400. Reserved. *Editor’s note—Ord. No. 01-13, § 1, adopted March 13, 2001, with an effective date of March 19, 2001, repealed and superceded the following Collier County Ordinances in their entirety: Number 98-69, as amended, the Collier County Regional Water and/or Wastewater Systems Impact Fee Ordinance; Ord. No. 99-39, the Collier County Parks, Ord. No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Ord. No. 88-97, and Recreational Facilities Impact Fee Ordinance; Ord. No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Ord. No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Ord. No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ord. No. 99-52, as amended, the Collier County Correctional Facilities Ordinance; and Collier County Ord. No. 98-30, The Isles of Capri and Ochopee Fire Impact Fee Ordinance which comprised this chapter 74. Further, said ordinance set out provisions pertaining to similar subject matter, included as §§ 74-101—74-108, 74-201—74-205, 74-301—74-309, 74-401, 74-402, 74-501—74-504, appendix A and appendix B to read as herein set out. See the Code Comparative Table—Ordinance Disposition. Cross references—Buildings and building regulations, ch. 22; planning, ch. 106. State law reference—Impact fees encouraged, F.S. § 163.3203(3). CD74:1Supp. No. 118 Article IV. Affordable Housing Impact Fee Deferral Sec. 74-401. Impact fee deferral. Sec. 74-402. Affordable housing definitions. Secs. 74-403—74-500. Reserved. Article V. Miscellaneous Provisions Sec. 74-501. Collection of impact fees in default. Sec. 74-502. Update requirement. Sec. 74-503. Incorporation of administrative procedures manual. Sec. 74-504. Declaration of exclusion from Administrative Procedures Act. Appendix A Schedule One: Road Impact Fee Rate Schedule Phase 1 Schedule One: Road Impact Fee Rate Schedule Phase 2 Schedule One: Road Impact Fee Rate Schedule Phase 3 Schedule One: Road Impact Fee Rate Schedule Phase 4 Schedule Two: Phase 1 Water and Wastewater Impact Fee Rate Schedule Schedule Two: Phase 2 Water and Wastewater Impact Fee Rate Schedule Schedule Two: Phase 3 Water and Wastewater Impact Fee Rate Schedule Schedule Three: Parks and Recreation Impact Fee Rate Schedule Schedule Four: Phase 1 Correctional Facilities (Jail) Impact Fee Rate Schedule Schedule Four: Phase 2 Correctional Facilities (Jail) Impact Fee Rate Schedule Schedule Five: Fire Impact Fee Rate Schedule Schedule Six: Educational Facilities (School) Impact Fee Rate Schedule Schedule Seven: Emergency Medical Services (EMS) Impact Fee Rate Schedule COLLIER COUNTY CODE CD74:2Supp. No. 118 Schedule Eight: Library Impact Fee Rate Schedule Schedule Nine: Government Building Impact Fee Schedule Schedule Ten: Law Enforcement Impact Fee Schedule Appendix B. Road Impact Fee District Boundaries Legal Descriptions IMPACT FEE REGULATIONS CD74:3Supp. No. 118 ARTICLE I. GENERAL Secs. 74-1—74-100. Reserved. Sec. 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". (Ord. No. 01-13, § 1, 3-13-01) Sec. 74-102. Authority. The Board has authority to adopt this chapter pursuant to its home rule powers under Article VIII, Section 1(f), of the Florida Constitution, F.S. ch. 125, F.S. ch. 163, pt. II, subject to all requirements of applicable laws. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2006-26, § 1) Sec. 74-103. Applicability. This chapter shall apply to the unincorporated area of Collier County, Florida, and to all incorporated areas of the county to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution and as described herein or in any intergovernmental or interlocal agree- ments. (Ord. No. 01-13, § 1, 3-13-01) Sec. 74-104. Findings. It is hereby ascertained, determined and declared: (1) The Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities and services. (2) Development necessitates additional specified public facilities and such develop- ment must contribute its fair share toward the costs of funding improvements and additions to such specified public facili- ties. (3) 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 facili- ties is an integral and vital element of the regulatory plan of growth manage- ment by the county. (4) The level of service standards for the public facilities as adopted in the Collier County Comprehensive Plan, the Water Master or Wastewater Master Plan, or an adopted Impact Fee Study, as may hereafter be amended from time to time are controlling upon this chapter and are incorporated throughout this chapter. (5) Capital planning is an evolving process and the level of service standards for the public facilities constitutes a projection of anticipated need for public facilities, based upon present knowledge and judg- ment. Therefore, in recognition of chang- ing 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, pursu- ant 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. (6) 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. (7) 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, includ- ing throughout the unincorporated area and also within municipal boundaries to the extent specified in this chapter. (8) 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 develop- ment. § 74-104IMPACT FEE REGULATIONS CD74:5Supp. No. 118 (9) All improvements and additions to the specified public facilities needed to eliminate any deficiency between the exist- ing 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 derived 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. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 01-54, § 1, 10-9-01; Ord. No. 04-16, § 4) Sec. 74-105. Purpose. It is the purpose of this chapter: (1) To plan for the necessary capacity expan- sion of the public facilities; (2) To provide for the health, safety, welfare and economic well-being of the residents of, and visitors to, the county consistent with the mandated responsibility of the county pursuant to F.S. § 163.3161 et seq., the Florida Local Government Comprehensive Planning and Land Development Regulation Act, and F.S. § 125.01 et seq.; (3) To implement and be consistent with the county comprehensive plan and the Florida Local Government Comprehensive Planning and Land Development Regula- tion Act, F.S. § 163.3161 et seq.; (4) To require all development that places additional demand on the public facili- ties to contribute its proportionate share of the funds, land or public facilities to accommodate any impacts having a rational nexus to the proposed develop- ment and for which the need is reason- ably attributable to the proposed development; and (5) To ensure that no funds, land or public facilities are collected from new develop- ment in excess of the actual amount reasonably determined necessary to offset the demand on the public facilities gener- ated 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. (Ord. No. 01-13, § 1, 3-13-01) Sec. 74-106. Adoption of impact fee stud- ies. The board hereby adopts and incorporates by reference the following studies with regard to the respective public facilities: (1) Transportation facilities: "Collier County Road Impact Fee Update Study," prepared by Tindale-Oliver and Associates, Incorporated (October 14, 2019); (2) Water and wastewater facilities: "Water and Wastewater Impact Fee Study for Collier County Water-Sewer District" (January 19, 2024) prepared by Raftelis; (3) Parks and recreational facilities: "Collier County Parks and Recreation Impact Fee Update Study," prepared by Tindale- Oliver (September 25, 2015); (4) Library facilities: "Collier County Library Facilities and Items/Equipment Impact Fee Update," prepared by Tindale-Oliver and Associates, Inc. (September 6, 2016); (5) Emergency medical services: "Collier County Emergency Medical Services Impact Fee Update," prepared by Tindale- Oliver and Associates, Inc. (September 6, 2016); (6) Educational facilities: "Collier County School Impact Fee Update Study," prepared by Tindale-Oliver (June 23, 2015); (7) Correctional facilities: "Collier County Correctional Facilities Impact Fee Update Study," prepared by Tindale-Oliver & Associates, Inc. (January 13, 2015, cor- rected December 10, 2015); § 74-104 COLLIER COUNTY CODE CD74:6Supp. No. 118 (8) Fire facilities: "Collier County 2010 Fire/ Rescue Services Impact Fee Update Study - Ochopee and Isles of Capri Fire Control and Rescue Districts," prepared by Tin- dale-Oliver and Associates, Inc. (September 30, 2010); (9) General government facilities: "Collier County General Government Buildings Impact Fee Update Study" prepared by Tindale-Oliver and Associates, Inc. (July 8, 2016); (10) Law enforcement facilities: "Collier County Law Enforcement Impact Fee Update Study" prepared by Tindale-Oliver and Associates, Inc. (July 8, 2016); (11) Indexing: "Collier County Impact Fee Indexing Study", dated June 11, 2007, prepared by Tindale-Oliver and Associ- ates, Inc., in association with Robert W. Burchell, Ph.D., as amended by the "Col- lier County Indexing Methodology Study", dated March 11, 2009, to be updated annually. The foregoing studies are hereby adopted in their entirety, as well as any updates or supple- ments thereto, including the assumptions, conclu- sions and findings in such studies and their amendments. In accordance with the Florida Impact Fee Act, F.S. § 163.31801: (1) all updates or supplements thereto, and any new studies, must be based on the most recent and localized data; (2) notice of the new or amended impact fee must be provided no less than 90 days before the effective date of the ordinance or resolution imposing the new or amended impact fee; and (3) an impact fee may be increased only pursuant to a plan for the imposition, collection, and use of the increased impact fees which complies with F.S. 163.31801. (Ord. No. 01-13, § 1; Ord. No. 04-16, § 5; Ord. No. 04-21, § 1; Ord. No. 2005-33, § 1; Ord. No. 2005-47, § 1; Ord. No. 2005-28, § 4; Ord. No. 2005-66, § 1; Ord. No. 2006-09, § 1; Ord. No. 2006-10, § 2; Ord. No. 2006-11, § 1; Ord. No. 2006-18, § 1; Ord. No. 2006-19, § 1; Ord. No. 2006-21, § 1; Ord. No. 2006-25, § 1; Ord. No. 2006-26, § 2; Ord. No. 2006-40, § 1; Ord. No. 07-57, § 1; Ord. No. 2009-09, § 1; Ord. No. 2009-17, § 1; Ord. No. 2009-24, § 1; Ord. No. 2009-57, § 1; Ord. No. 2009-71, § 1; Ord. No. 2010-38, § 1; Ord. No. 2010-41, § 1; Ord. No. 2010-46, § 1; Ord. No. 2010-47, § 1; Ord. No. 2011-19, § 1; Ord. No. 2011-35, § 1; Ord. No. 2015-17, § 1; Ord. No. 2015-59, § 1; Ord. No. 2015-60, § 1; Ord. No. 2016-01, § 1; Ord. No. 2017-13, § 1; Ord. No. 2019-48, § 1; Ord. No. 2024-30, § 1) Sec. 74-107. Rules of construction. For the purposes of administration and enforce- ment of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply: (1) 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. (2) The word "shall" is always mandatory and not discretionary and the word "may" is always permissive. (3) 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. (4) The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". (5) 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: a. "And" means that all the connected terms, conditions, provisions or events shall apply. b. "Or" means that the connected items, conditions, provisions or events shall apply singly or in any combination. § 74-107IMPACT FEE REGULATIONS CD74:7Supp. No. 118 c. "Either . . . or" means that the con- nected items, conditions, provisions or events shall apply singly but not in combination. d. "And/or" means the referenced items, conditions, provisions or events may apply wholly independently of one another, or in combination. e. 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. (6) "Person who" means "entity that" if the person is not an adult individual. (7) Time periods, calculation of: All time periods throughout this chapter shall be calculated on a day-by-day basis, includ- ing 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. (8) In the event of a conflict between the general definitions section and the adopted impact fee rate schedules, the rate schedules shall control. (Ord. No. 01-13, § 1, 3-13-01) Sec. 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 improve- ments 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 only community shall mean a com- munity or development, or specific part(s) thereof, in which all residents must be older than 18 years of age as evidenced by permanent age restrictions recorded in the land records of the county, which restrictions shall run with the such geographic areas, an effective planned unit development document restricts the occupation/ residency of the subject property to persons older than 18 years of age or the type of licensing through the State of Florida restricts the occupa- tion/residency of the subject property to persons older than 18 years of age. 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. All suites hotel shall mean places of lodging that provide sleeping accommodations, a small restaurant and lounge and a small amount of meeting space. Each suite includes a bedroom; a sitting room and/or limited kitchen facilities may be provided within the suite. Alteration shall mean any change in size, shape, occupancy, character, or use of a building or structure. Alternative impact fee shall mean any reduc- tion in impact fee approved by the county manager pursuant to section 74-204. § 74-107 COLLIER COUNTY CODE CD74:8Supp. No. 118 Applicant shall mean the person who applies for a building permit, development order, develop- ment 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. Assisted living facility (ALF) shall mean residential facilities that provide housing, personal care services, and supportive services to older individuals and disabled individuals who are unable to live independently. To be eligible to live in an ALF, the individual must meet residency criteria, which are defined by then existing Florida Statutes(s) or regulations(s), or both. Before a facility can be classified as an ALF for purposes of calculating the impact fees applicable thereto, the county administrator must be provided with proof that the facility has then acquired (or unconditionally shall be able to acquire) all licenses then required by statute(s), regulation(s), or both, to operate the respective ALF facility. Automated car wash shall mean a use that allows for the mechanical cleaning of the exterior of vehicles. Manual cleaning and car detailing may also take place at these facilities. 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 that 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. Bay shall mean a space where a vehicle can be serviced. Board shall mean the Board of County Com- missioners of Collier County, Florida, including when acting in an ex-officio capacity. Boat berth shall mean a wet or dry space to dock or store vessels. 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 to create demand upon, or increase demand upon, one or more of the speci- fied 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 temporar- ily to assist in construction at the site. "Build- ing" excludes tents erected for less than approximately 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 docu- ment issued by the county which authorizes the construction or installation of a building on the site, including, but not limited to, by construc- tion 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 § 74-108IMPACT FEE REGULATIONS CD74:9Supp. No. 118 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. Bundled Golf shall mean golf courses built as part of a residential development where the membership to and use of the golf course is open only to the residents. Guests can use the golf course only when playing with a member who is a resident. 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 and used auto sales 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. Certificate of completion shall mean a certificate stating that materials and products meet speci- fied standards or that work was done in compli- ance with approved construction documents. A certificate of completion is evidence that the structure complies substantially with the plans and specifications that have been submitted to, and approved by, the local authority and allows for use, where occupancy is not needed. Certificate of occupancy shall mean a certificate providing evidence that the building complies substantially with the plans and specifications that have been submitted to, and approved by, the local authority and allows for occupancy. 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 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 Develop- ment Act as contained in F.S. ch. 163, pt. II, or its successor in function. Condominium shall mean an ownership unit that has at least one other owned unit within the same building structure. For the purposes of this chapter and assessment of impact fees, condominiums will be included under the appropriate Multifamily Housing category. Contribution shall mean the actual construc- tion, 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 24 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 § 74-108 COLLIER COUNTY CODE CD74:10Supp. No. 118 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. Dance studio/gym shall mean privately owned facilities that offer dance, gymnastics, ballet or similar activity classes. 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 occurs first. Day care shall mean an establishment which provides for the care, protection, and supervision of at least three children for a period of less than 24 hours a day on a regular basis, which supple- ments parental care, enrichment, and health supervision for the child, in accordance with 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 dona- tion 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 defini- tion of the Multifamily Housing (Low-Rise) category. 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 (private) 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 private 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 the 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, with regard to water and sewer service, the equivalent gallonage usage requirements of § 74-108IMPACT FEE REGULATIONS CD74:11Supp. No. 118 a single-family residential customer. For the purposes of this chapter an ERC will have an assigned value of 1.0. The ERC gallonage shall be based upon statistical data accepted by the county establishing an average residential use and it is recognized that the usage for 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 Agree- ment Act shall mean the provisions of F.S. §§ 613.3220—163.3243, as amended or supplemented, or its successor in function. Developer contribution agreements shall not be characterized as a development agreement under this Act. Fueling position shall mean the number of vehicles that can be fueled simultaneously at a service station. 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. Furniture store shall mean a full-service retail facility that specializes in the sale of furniture and often carpeting. Furniture stores are gener- ally large and may include storage areas. General light industrial shall mean facilities that generally employ fewer than 500 persons. They have an emphasis on activities other than manufacturing and typically have minimal office space. Typical light industrial activities include printing, material testing and assembly of data processing equipment. 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 oper- ated 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 accom- modation of friends or relatives of the occupant or the owner of the principal dwelling. The guesthouse/cottage may only be 40 percent 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 who 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). For the purposes of this chapter and assessment of impact fees, high-rise condominiums will be included under the appropriate Multifamily Hous- ing category. High-Rise Residential with First Floor Com- mercial shall mean development with first-floor commercial that are mixed-use multifamily hous- ing buildings that have more than 10 levels (floors) and include retail space that is open to the public on the first level. Home improvement superstore shall mean freestanding warehouse type facilities with off- street parking. Home improvement superstores generally offer a variety of customer services and centralized cashiering, and they specialize in the sale of home improvement merchandise. They typically maintain long 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, § 74-108 COLLIER COUNTY CODE CD74:12Supp. No. 118 lawn equipment, and garden plants and acces- sories. 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 gross floor area. Building 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, train- ing 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 rooms 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 fees are assessed using the rates in effect: (1) when the building permit application is submitted, or (2) at the time of the issuance of a certificate of occupancy or certificate of comple- tion for the development, whichever is less. 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. Infrastructure shall mean a fixed capital expenditure or fixed capital outlay, excluding the cost of repairs or maintenance, associated with the cost construction, reconstruction, or improve- ment of public facilities that have a life expectancy of at least 5 years; related land acquisition, land improvement, design, engineering, and permit- ting costs; and other related construction costs required to bring the public facility into service. The term also includes a fire department vehicle, an emergency medical service vehicle, a sheriffs office vehicle, a school bus as defined in F.S. § 1006.25, and the equipment necessary to outfit the vehicle or bus for its official use. Living area shall mean actual square footage of the housing unit. Excluded from the calcula- tion of the square footage are carports, attached garages, and porches that are not protected from weather. Both finished and unfinished base- ments are to be included. Local Government Comprehensive Planning and Land Development Regulation Act means the provisions of F.S. ch. 163, pt. II, (1999), as amended or supplemented, or its successor in function. Luxury auto sales shall mean a dealership that sells high-end luxury vehicles such as Lam- borghini, Ferrari, Maserati, Lotus, BMW and Jaguar. Hours of operation may be less than a typical auto dealership and inventory may be limited. This classification will be determined on a case-by-case basis. Manufacturing shall mean facilities where the primary activity is the conversion of raw materials or parts into finished products. § 74-108IMPACT FEE REGULATIONS CD74:13Supp. No. 118 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 that provides diagnoses and outpatient care on a routine basis generally operated by one or more private physicians or dentists. Mid-Rise Residential with First Floor Com- mercial shall mean development with first-floor commercial that are mixed-use multifamily hous- ing buildings that have between three and ten levels (floors) and include retail space on the first level. Middle school shall mean a school serving students who have completed elementary school and have not yet entered high school. Mine/commercial excavation shall mean a pit or excavation in the earth from which mineral substances, dirt, lime rock, coal, precious stones, geological materials, or other non-renewable resources are removed. Mini-warehouse shall 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 develop- ment 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 electri- cal 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 where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpack- ing and assembly operations, location on jacks or other temporary or permanent foundations, con- nection 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 for the purposes of assessing Road Impact Fees. 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 § 74-108 COLLIER COUNTY CODE CD74:14Supp. No. 118 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 refresh- ment stand. Multifamily Housing (High-Rise) shall mean apartments, townhouses and condominiums that have more than ten levels (floors). For the purpose of calculating water and/or sewer impact fee, the following shall be considered multiple- family dwelling units: guesthouse, servants' quarters, in-law apartment, townhouse and adult congregate living facility. Multifamily Housing (Low-Rise) shall mean apartments, townhouses and condominiums located within the same building with at least three other dwelling units and that have one or two levels (floors). For the purpose of this chapter and assessment of impact fees, duplexes will also be considered under this definition. For the purpose of calculating water and/or sewer impact fee, the following shall be considered multiple- family dwelling units: guesthouse, servants' quarters, in-law apartment, townhouse and adult congregate living facility. Multifamily Housing (Mid-Rise) shall mean apartments, townhouses and condominiums located within the same building with at least three other dwelling units and have between three and ten levels (floors). For the purpose of calculating water and/or sewer impact fee, the following shall be considered 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. Nonresidential 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 improve- ments 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 regula- tions, rules, or ordinances. Office shall mean a building or portion of a building wherein services are performed involv- ing 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 exclu- sion, a minimum 60 feet of dedicated right-of- way and sub-base, base and pavement required for two 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 corpora- tion, 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 § 74-108IMPACT FEE REGULATIONS CD74:15Supp. No. 118 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 services; (8) Fire systems, facilities and services; (9) General government systems, facilities and services; and (10) Law enforcement systems, equipment, and facilities. Public utilities administrator shall mean the individual appointed by the board or the county manager to supervise the administration, opera- tions and/or acquisitions of the county's regional sewer system and/or regional water system, the former 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 perform 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 gener- ally 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 con- nected to treatment facilities operated by the Collier County Water-Sewer District, or the county, or both. For the purposes of this chapter the term sewer and wastewater are interchangeable and have the same meaning. Regional water systems shall mean the potable water utility system directly connected to treat- ment facilities operated by the Collier County Water-Sewer District, or the county, or both. Residential shall mean apartments, condominiums, duplex dwellings, garden apart- ment 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 facili- ties (ALF) as that term is defined in F.S. § 400.402, unless treated otherwise by the adopted rate schedules. Restaurant (fast casual) shall mean a sit-down restaurant with no wait staff or table service. Customers typically order from a menu board, pay for food before the food is prepared and seat themselves. The menu generally contains higher quality made to order foods items with fewer frozen or processed ingredients than fast food restaurants. § 74-108 COLLIER COUNTY CODE CD74:16Supp. No. 118 Restaurant (fast-food w/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 (open for breakfast, lunch and dinner, some are open late at night or 24 hours); and high turnover rated for eat-in custom- ers. Restaurant (fast-food w/drive-thru [2 meals]) 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, but not open for breakfast, 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. 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 use 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 apart- ments, condominiums, or a self-contained vil- lage, which is restricted to adults or senior citizens who are self-sufficient. They may also contain special services such as medical facili- ties, dining facilities, and some limited, support- ing retail facilities. Road impact fee district shall mean one of the eight districts located within the county which are described in section 74-302 of this chapter. 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. Shopping center shall mean development consisting of eight or more retail businesses or service establishments containing a minimum total of 20,000 square feet of floor area. Some of the facilities included as part of a shopping center may include nonmerchandising facilities, such as movie theaters, restaurants, post offices, banks and health clubs. Shopping centers, in addition to the integrated unit of shops in one building, often include outparcels. These build- ings are typically drive-in banks, retail stores or restaurants. A marina, hotel or motel with acces- sory retail shops is not considered a shopping center. 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 sig- nage 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 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 lanes § 74-108IMPACT FEE REGULATIONS CD74:17Supp. No. 118 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. Small medical office shall mean medical offices with 10,000 square feet or less that are occupied by medical doctors. Square footage shall mean the gross area measured in feet from the exterior faces or exterior walls or other exterior boundaries of the building including mezzanines, corridors and lobbies within the principal outside faces of the exterior walls, not including architectural setbacks or projections. For the calculation of road impact fees, square footage excludes areas within the interior of the building which are utilized for parking. State highway system shall mean those facili- ties in the county as defined by F.S. § 334.03(21), or its statutory 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. Timeshare shall be considered under the defini- tion of "All-suites hotel" for the purpose of this chapter and the assessment of impact fees. 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 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 purposes of this chapter and assessment of impact fees, a townhouse will be included under the appropriate Multifamily Hous- ing category. Transportation network shall mean the follow- ing: (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 subject 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 [March 19, 2001], 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/junior college (private) shall mean private two-year junior, community and techni- cal colleges as well as private four-year universi- ties and private colleges that may or may not offer graduate programs. 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. Warehouse shall mean facilities that are primar- ily devoted to the storage of materials. They may also include office and maintenance areas. Retail use may not exceed 20 percent of the building or facility. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 01-54, § 2, 10-9-01; Ord. No. 01-63, § 1, 11-13-01; Ord. No. § 74-108 COLLIER COUNTY CODE CD74:18Supp. No. 118 04-16, § 6; Ord. No. 2005-28, § 5; Ord. No. 2005-47, § 2; Ord. No. 2009-09, § 2; Ord. No. 2009-71, § 2; Ord. No. 2011-19, § 2; Ord. No. 2013-63, § 1; Ord. No. 2014-04, § 1; Ord. No. 2015-17, § 2; Ord. No. 2019-48, § 2; Ord. No. 2024-30, § 2) Secs. 74-109—74-200. Reserved. ARTICLE II. IMPACT FEES Sec. 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 74-311 (section 74-302— Special requirements for road impact fee; section 74-303—Special requirements for water impact fee and/or sewer impact fee; section 74-304— Special requirements for parks and recreational facilities impact fee; section 704-305—Special requirements for library facilities impact fee; section 74-306—Special requirements for emergency medical services impact fee; section 74-307—Special requirements for educational facilities impact fee; section 74-308—Special requirements for correctional facilities impact fee; section 74-309—Special requirements for fire facilities impact fee; section 74-310—Special requirements for general government impact fee; and section 74-311—Special requirements for law enforcement impact fee). (b) Impact fee rates. The board hereby adopts the impact fee rates incorporated by reference in sections 74-302 through 74-311, inclusive, and as set forth in Schedules 1 through 10, inclusive, appended hereto as Appendix A, which shall be imposed upon all development occurring within the county. These impact fee rates may be changed from time-to-time by board resolutions or by Collier County Ordinances provided, in every instance, the board advertises notice of a scheduled public hearing in a newspaper of general circulation in Collier County with regard to the then-proposed impact fee schedule amend- ments. (c) Change of size or use. Impact fees shall be imposed and calculated for net increase, altera- tion, expansion, or replacement of a use or a building, or part of a building (including dwell- ing 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) intensifica- tion 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 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 acces- sory building has its own impact fee rate. (4) If proposed changes to a lawfully existing building or then permitted use are deemed § 74-201IMPACT FEE REGULATIONS CD74:18.1Supp. No. 118 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 determined by the net increase in demand on those public facilities any lawfully existing building or land use that is expanded, replaced, or changed shall be required to pay impact fees based on the new or net additional demand placed upon one or more public facilities by applying the then applicable impact fee rate schedule. Therefore, impact fees will be assessed only for the net increase in square footage, number of unit(s), intensification of land use, or any other change resulting in increased available capacity. The burden of verifying the previous lawful land use, units and square footage, as applicable, shall be on the applicant. 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. (5) Impact Fee Program for Existing Com- mercial Redevelopment. Proposed develop- ments which meet the criteria set forth below shall not be assessed additional impact fees related to changes of use within the existing buildings. a. Development is proposed within a lawfully existing building which has had a Certificate of Occupancy issued for at least 3 years. Impact fees for the existing building must have been paid the then applicable impact fees at time of construction; and b. Proposed development is solely within the existing building and does not include the addition of any new square footage. c. Demolition and reconstruction projects are not eligible for this program. d. For the purposes of water and wastewater impact fees, projects that require an existing meter to be upsized are not eligible for this program. (d) Exemptions. 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 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 dwell- ing 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 of the respective public facil- ity. (2) New building(s) or addition to a build- ing(s) or an accessory building or structure that will not create additional net demand upon the public facility for which the exemption is sought over and above the then existing development impacts deemed to be created by the then lawful existing building(s), structures or uses. (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, or if the then existing development was not subject to the impact fee because the county's original applicable impact fee ordinance had not then become effective. (5) An "adults only community" shall be exempt from the educational facilities impact fee only if: (i) evidence of permanent age restrictions, which require all residents of the adults only com- munity to be older than 18 years of age, § 74-201 COLLIER COUNTY CODE CD74:18.2Supp. No. 118 are recorded in the land records of Col- lier County and run with the specified geographic area; (ii) an effective planned unit development document restricts the occupation/residency of the subject property to persons older than 18 years of age; or (iii) the type of licensing through the State of Florida restricts the occupa- tion/residency of the subject property to persons older than 18 years of age. (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. (7) Exemptions from road impact fees for specified airport leases. a. Placement of buildings upon the leasehold by or through the leasing subtenant or tenant within the then- existing boundaries of a county- owned airport are eligible for exemptions from road impact fees provided the airport leasing agree- ment was executed prior to March 13, 2001, and the lease, when executed, expressly provided that the county or the airport authority, not later than 29 years subsequent to the initial effective date of the leasing agreement, at no expense to the county or airport authority, will automatically acquire title to the respective buildings, or if the board or airport authority decides not to acquire title to such buildings, the subtenant (or tenant), at no expense to the county or the airport author- ity, shall promptly remove such build- ings and restore the leased (or subleased) premises to the physical conditions that existed as of the commencement date of the respec- tive leasing agreement. Eligibility for these exemptions shall be vested retroactively to the date of the original execution of the lease. b. These exemptions are to be granted by the county manager subject to an application for the requested exemp- tion being submitted to the county manager, which shall include a copy of the associated airport lease and a description of the associated airport leasehold development. Each such request must be submitted to the county manager not later than the date of the application to the county for the associated building permit(s) unless a time extension is granted by the county manager for good cause. (8) In the event that a development for which an exemption was previously applied changes use, ownership, or other circumstances occur whereby the previ- ously granted exemption no longer applies, impact fees shall be paid based on the existing land use and impact fee rate schedule in effect at the time of the change which caused the exemption to no longer apply. (e) Reserved. § 74-201IMPACT FEE REGULATIONS CD74:18.3Supp. No. 118 IMPACT FEE REGULATIONS §74-201 (f) Fund reimbursement. Every county ap- terprise Zone, which is United States proved deferral of a water or sewer impact fee Census Tracts numbers 112.04, 112.05, requires complete reimbursement and deposit of 113 and 114(the Immokalee Census Tract). the entire amount deferred into the applicable Such provisions will automatically sunset water or sewer trust fund(s)within 30 days of the three years from the effective date of the deferral or waiver agreement being signed on amendment establishing these provisions behalf of the county, except for deferrals of ten unless otherwise officially extended by years for multi-family affordable housing rental the Collier County Board of County Cora- units. However, deferrals of ten years for multi- missioners. family affordable housing rental units must not adversely impact the cash flow or liquidity of the (2) This deferral program will be funded by water and/or sewer impact fee trust fund accounts budgeted and appropriated funds from and thereby frustrate or interfere with the then- general revenue, subject to the availabil- planned or then-ongoing growth-necessitated cap- ity of funding, and from a portion of the ital improvements and additions to such water tax increment revenue generated by ad and/or sewer systems. Such an adverse impact valorem property taxes associated to the may be determined by the public utilities division qualifying development. All re-payments administrator whenever either of the two trust to satisfy liens, as well as any applicable fund's individual reserve balances is in jeopardy interest accrued due to default from the of approaching(or actually has reached)less than program, shall be paid back to general a total of $600,000.00 of unappropriated and revenue and the community redevelop- unencumbered funds. If the public utilities divi- ment area trust fund, as applicable to sion administrator determines that the unappro- each qualifying development. priated and unencumbered funds in either of these accounts is then in jeopardy of approaching (3) As used in this subsection, (g) of section 1.1 a level of less than $600,000.00, then the total 74-201, qualifying development, means an owner-occupied dwelling unit and its number of such multi-family affordable housing associated lot or land."Sale"includes each rental units that may be approved in any such and every voluntary and/or involuntary fiscal year (including the fiscal year when the sale of any part of the fee title to any part public utilities division administrator makes such of the real property that is subject to the a"funds in jeopardy"determination)for deferrals respective deferred impact fees (as de (i.e.,for ten years)shall not exceed 225 units.This scribed in the agreement). "Transfer" in unit number limitation will continue so long as a cludes each and every transfer,voluntary determination of "jeopardy" exists, except that any of the 225 units not approved by an agree- or involuntary(including transfer by court ment in any fiscal year where funds are in "jeop- ardy" may be accumulated and rolled-over from or administrative body, and including one fiscal year to the next fiscal year until such whether the transferee is a government or time as the "jeopardy" determination ends. The agency of a government, excepting only number of multi-family rental deferrals granted the following: Transfer of fee title of the in a fiscal year where funds are in"jeopardy"may property from one original tenant by the exceed 225 units,but only if an alternate funding entireties to the other original tenant by the entireties; transfer of any part of the source for the deferral is secured. fee title between (or among) the original (g) Immokalee Enterprise Zone Deferral Area. joint tenants, or between or among the original tenants in common. "Refinanc- (1) Pursuant to the provisions set forth in ing" includes any extension of the pay- this subsection the county shall defer the ment term or any increase in the amount payment of impact fees for all owner- financed, of any original mortgage(s) or occupied dwelling units within the geo- other financing document that has as se- graphic boundaries of the Immokalee En- curity for the payment obligation any fee l Supp.No.58 CD74:19 §74-201 COLLIER COUNTY CODE Lie title to the real property that is subject to e. Proof of qualifying income level,which the deferred impact fees. "Original"refers is less than or equal to $100,000.00 to the parties to the relevant document on annual household income from all the effective date of the applicable impact sources; and fee deferral agreement. Notwithstanding f. Payment of a non-refundable appli- anything in this subsection (g) of section cation filing fee in the amount of 74-201, the county manager may waive $300.00. the triggering of the obligation to pay deferred impact fees due to a sale, a (5) If the proposed qualifying development transfer or refinancing if,in the judgment meets the requirements for a deferral, as of the county manager, the respective listed above, the county manager may sale, transfer or refinancing is of such a enter into an impact fee deferral agree- nature as not to justify that the deferred ment with the owner. impact fees should become due and pay- able because of the sale, transfer, or refi- (6) The impact fee deferral agreement shall nancing. stand in lieu of payment of impact fees pursuant to section 74-202 of this article, (4) Any person seeking an impact fee deferral which impact fees would otherwise be due for a proposed owner—Occupied dwelling and payable as a prerequisite to the issu- unit,wholly within the Immokalee Enter- ance of the building permit(s) for that prise Zone, shall file an application for development but for the deferral agree- deferral with the county manager prior to ment. The deferral agreement must con- receiving a certificate of occupancy (CO) tain the following provisions: for any such proposed Development. The a. The name and address of the prop- application for deferral must contain the erty owner; and kospoi following: b. The correct legal description of the a. The name and address of the prop- affected property, which is the prop- erty owner; and erty that will be subject to lien and b. A current and complete legal descrip- be subject to foreclosure; and tion of the site upon which the qual- c. That such payment shall be without ifying development is proposed to be interest only if the agreement has located; and not been breached by the non-county party thereto at any time in the c. The qualifying development will be deferral period, but shall be subject owner-occupied and the homestead to interest retroactively to the effec- of the applicant; and tive date of the agreement if the d. A notarized affidavit affirming that agreement is breached by the non the maximum sale price of the pro county party thereto; and posed qualifying development will d. That the deferred impact fees shall not exceed $254,250.00. Should the be due and payable, and shall be maximum home sales price exceed paid to the county upon the first $254,250.00 for the qualifying new occurrence of any of the following: construction, the applicant may be when any part of the affected real subject to the collection provisions property is sold,or is transferred, or provided for in article V, section 74- is refinanced, and in any such event 501, including delinquency fees and the deferred impact fees shall be interest dating back to the effective paid in full to the county not later date of the deferral agreement; and then the closing of the sale, or not Supp.No.58 CD74:20 IMPACT FEE REGULATIONS § 74-201 later than the effective date of the sary documentation evidencing transfer, or before the refinancing satisfactory completion of the agree- becomes final; and ment, and any such lien shall e. That such impact fees shall terminate upon the recording of a automatically become a lien on the release or full satisfaction of lien in affected property (the property the public records of Collier County. described in the legal description Such release shall be recorded upon noted above), and shall be due and payment in full of the impact fees; payable(and may be foreclosed upon and by the county) if and when there is j. The agreement shall be binding upon any breach of the agreement by the the property owner's, its successors non-county party thereto; and and assigns; and f. That the qualifying development k. That the agreement shall be recorded must remain owner-occupied and in the official records of Collier homesteaded and any change in the County and the agreement shall not status of the occupation or loss of be effective until it is so recorded. homestead will constitute a breach 1. That if the noncounty party is in a in the agreement and impact fees non-curable default under the agree- will be considered to be in default ment, or if the default is curable and immediately due and payable, and the curable default is not cured including any applicable interest,in in full within 30 days after written accordance with this section and notice to do so provided to the owner the collection provisions set forth by by the county, the board may bring section 74-501 of this chapter; and a civil action to enforce the deferral �•- g. That the recorded agreement shall agreement and that the board shall serve as an obligation to pay the be entitled to recover all fees and deferred impact fees that runs with costs, including attorney's fees and the affected property and that such expenses incurred by the county in obligation shall terminate upon the enforcing the agreement,plus inter county recording in the public records est, at the then maximum statutory rate for of Collier County a release or full final judgments, calculated satisfaction of the lien, and that on a calendar day basis until paid in release or satisfaction will be full. In the event that interest should recorded by the county upon pay- begin to accrue because the non ment to the county in full of all of county party breaches the agree the deferred impact fees; and ment, such interest shall accrue retroactively back to the commence- h. That neither the deferred impact ment date of the respective impact fees nor the agreement providing fee deferral agreement. for the deferral of impact fees shall be transferred, assigned, credited, (7) Prior to the issuance of a certificate of encumbered, or conveyed from the occupancy for a qualifying dwelling unit property, and that the deferral of the applicant must also provide a copy of impact fees and the agreement shall the executed sales contract to the county run with the land; and manager demonstrating a qualifying sales price. A copy of the closing statement i. That upon satisfactory completion demonstrating a qualifying sales price of all requirements of the agree- will be provided to the county manager ment by the noncounty party thereto, within ten days of the closing of the sale the county shall record all neces- of each qualifying dwelling unit. `' Supp. No. 73 CD74:21 §74-201 COLLIER COUNTY CODE (8) Applicants entering into any other impact Collier County or provide a notarized fee deferral programs will not be eligible affidavit to the county administrator or for deferral of impact fees through the designee that they intend to participate provisions set forth by subsection (g). in the program which must include the (9) The county's interest in the impact fees following: will automatically be subordinated to the a. Name of project, legal description owner's first mortgage and/or any govern- and number assigned by Collier ment funded affordable housing loan such County to the development order; as a SAIL or HOME loan. b. Name of feepayer and owner; (h) Impact Fee Installment Payment Pilot c. Statement of intent that the owner Program. is current on property taxes on the (1) The purpose of this Program is to establish subject property and any other real an impact fee installment payment pilot property owned in Collier County,is program which is intended to provide the not in bankruptcy, and that the Board of County Commissioners of Col- subject property is not in foreclosure. Tier County,Florida,with the opportunity (4) The form of the agreement shall be to study whether the payment changes approved by the Board, and the agree- set forth below result in lower initial ment shall at a minimum provide: costs in housing and greater economic development. a. An acknowledgement by the fee- payer that the subject property is (2) As an alternative to paying impact fees specially benefited by the improve- in full as a prerequisite to the issuance of ments to the property and the install- a certificate of occupancy or certificate of ment payments shall be special completion for the development, a fee- assessments levied as non-ad payer may exercise the privilege of paying valorem assessments against the impact fees in installments rather than subject property pursuant to the in a lump sum at the time of issuance of Uniform Assessment Collection Act. the certificate of occupancy by entering For the purposes of this section, the into an impact fee installment payment term "Uniform Assessment Collec- program agreement with Collier County tion Act"shall mean F.S. §§ 197.3632 (hereinafter the"agreement")required in and 197.3635, as amended. this section. The county administrator or designee is hereby authorized to prepare b. The term of the agreement and the and execute the agreement on behalf of interest rate to be charged, which the County. terms shall be set by the Board of County Commissioners. In the event (3) Pursuant to Subsection 74-302(h) of the a feepayer enters into the agree- Collier County Code of Laws and ment after the deadline to place the Ordinances, a certificate of public facility assessment on the feepayer's upcom- adequacy (COA) shall be issued concur- ing tax bill for that year,the assess- rent with the approval of the next to ment will be placed on the feepayer's occur final local development order. In tax bill for the following year but order to obtain a certificate of adequate shall accrue interest from the effec- public facilities concurrently with the tive date of the agreement. issuance of the final site development c. Such other terms as deemed plan or plat, the feepayer and owner (if appropriate by the County Attorney. different than the feepayer) shall first enter into an approved impact fee install- (5) Each agreement shall be a covenant that ment payment program agreement with runs with the land and shall be recorded Supp. No. 73 CD74:22 IMPACT FEE REGULATIONS § 74-202 as a lien by county in the public records (10) As an alternative method to the repay- of Collier County, Florida, at the expense ment of impact fees by special assess- of the feepayer and shall be signed and ments under this section, the county notarized by the feepayer and owner (if administrator or designee may elect to different than the feepayer). lien the feepayer's property to secure repayment of impact fees paid under this (6) Any person seeking an agreement shall section and is authorized to take any file with the county manager an applica- necessary action, including the develop- tion and the agreement shall be fully ment of any rules, procedures, agree- executed and recorded prior to issuance ments and forms to effectuate this method, of a temporary or final certificate of at the same term and interest rate as set occupancy or payment of impact fees. by the Board of County Commissioners. (7) Prior to May 1 of each fiscal year, the (11) To prevent unintended consequence, the feepayer of a parcel assessed hereunder Board will annually review this Pilot shall have the right to pay the outstand- Program, with staff preparing regular ing and unpaid balance(s) owed without updated reports that any Commissioner a prepayment penalty. can review. (8) Pursuant to the Uniform Assessment (12) Prior to the third anniversary of this Collection Act, non ad-valorem assess- ordinance, the County Manager shall ments levied pursuant to this section prepare and present a report to the Board shall remain liens, coequal with the lien of County Commissioners detailing what of all state,county,district and municipal effect, if any, this program has had on taxes, superior in dignity to all other housing costs and economic develop- liens, titles and claims, until paid. ment, with a recommendation to the �- (9) For purposes of this subsection the fol Board of County Commissioners on lowing conditions shall apply: whether to amend,expand,or discontinue this pilot program. a. A feepayer must be the legal owner (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 01-54,§3, of the property, or designated agent 10-9-01; Ord. No. 02-34, § 1, 6-25-02; Ord. No. of the owner, and shall provide writ- 03-25, § 1, 5-27-03; Ord. No. 03-32, § 2, 6-24-03; ten and notarized proof of authoriza- Ord. No. 2003-63, § 1, 11-8-03; Ord. No. 04-16, tion from the owner when requesting § 7;Ord. No. 2005-08, § 1;Ord. No. 2005-28, § 6; to pay impact fees under this subsec- Ord. No. 2005-38, § 1; Ord. No. 2005-40, §§ 1, 2; tion; and Ord. No. 2006-09, § 2; Ord. No. 2006-26, § 3; Ord. No. 2009-09, § 3; Ord. No. 2009-14, § 1; b. The feepayer and/or owner must be Ord. No. 2010-22, § 1; Ord. No. 2013 63, § 2; current on property taxes on the Ord. No. 2015-17, § 3; Ord. No. 2017-13, § 3; subject property and any other real Ord. No. 2017-34, § 1) property owned in Collier County by feepayer and/or owner; and Sec. 74-202. Payment. c. The feepayer and/or owner cannot be in bankruptcy nor can the (a) Unless deferred or waived by a written property be an asset in any agreement with the county as a party thereto, or bankruptcy proceeding; and unless exempted, within the unincorporated county, the impact fee shall be paid in full as a d. The subject property cannot be in prerequisite to the issuance of a certificate of foreclosure and cannot have any occupancy or certificate of completion for the federal income tax lien, judgment development, and no building permit or any lien or similar liens encumbering other authorization to use the land included in the property. the development shall be issued a certificate of Supp. No. 73 CD74:22.1 §74-202 COLLIER COUNTY CODE occupancy or a certificate of completion until (5) The date when any part of the develop- each applicable impact fee has been paid in full. ment opens for business or goes into use. Notwithstanding any other provision of this section, staff shall not accept prepayment (early (c) Owners of all golf courses must submit to payment)of impact fees prior to submittal of the the county a certified legal description and a related and complete building permit application certified surveyors sketch(to scale)of the course for the respective development. In instances prepared by a professional engineer before the where a conventional building permit is not date the construction of the golf course com required (e.g., golf course, park, change of use, mences. etc.), staff shall not accept prepayment (early (d) If the development is located within the payment) of impact fees prior to the (whichever unincorporated area of the county,the impact fee occurs first) event that renders such impact fees shall be paid directly to the county. due and payable. Payment of estimated impact (e) If the development is located within a fees prerequisite to issuance of a certificate of municipality, the impact fee shall be paid as public facility adequacy (COA) is not prohibited follows: prepayment,and prepayment of estimated impact fees shall not grandfather such estimated impact (1) If the municipality has entered into a fees against impact fee increases, if any, that Florida Interlocal Cooperation Act, F.S. occur subsequent to such prepayment but before § 163.01 agreement with the county that the respective estimated impact fees are quanti- provides for the collection of the impact fled and become finally due and payable. fee, such impact fees shall be paid and collected in accordance with the provi- (b) If a conventional building permit for the sions of the agreement. development is not required (e.g., golf course, nark,change of use,etc.),then an applicant shall (2) If the municipality has not entered into a day the impact fee prior to the occurrence of any Florida Local Government Development AL_ of the following events, whichever occurs Agreement with the county providing for first: the collection of the impact fee, such impact fees shall be paid directly to the (1) The date when the first certificate of county. The time that such impact fees occupancy has been issued for any build- become due and payable shall be the ing or structure accessory to the principle same as if the development were in use or structure of the development; or unincorporated Collier County. (2) The date when the first certificate of (f) If the development is located within a occupancy is issued for the first nonac- municipality and the governing body of the cessory building or nonaccessory structure municipality has not agreed to require proof of to be used by any part of the develop- payment of the impact fee to the county prior to ment; or the issuance of a certificate of occupancy or certificate of completion by the municipality or (3) The date when a final development order, to require additionally the payment of the impact final development permit or other final fee as a condition of the final approval of a authorization is issued authorizing building permit by the municipality, the impact construction of a parking facility for any fees shall be collected as provided in subsections portion of the development; or 74-202(a) and(b), or,in the event of delinquency (4) The date when a final development order, in payment, pursuant to section 74-501. 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 Supp. No. 73 CD74:22.2 IMPACT FEE REGULATIONS §74-202 (g) The obligation for payment of the impact the maximum processing fee will not fees and impact fees paid shall run with the land. exceed $500.00. Reimbursement re- Assignment of impact fee credits from one parcel quests which are determined to arise to another parcel of land shall not be permitted from either an incorrect application except in accordance with the requirements of of the rate schedule or a calculation section 74-205. error by county staff will not be (h) In the event a building permit: (i) expires required to pay the"impact fee reim- prior to commencement of any part of the Bevel- bursement processing fee"; opment for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after g If the request is due to a revision to the building permit, a copy of the payment of impact fees and the permit's revision approved revision including original results in a reduction in the impact fees applica and revised square footage, number ble for the development, or (iv) results in the impact fees being overpaid due to an incorrect of units,date of approval of the revi application of the rate schedule, calculation er sion, and an explanation of the na- ror(s), or prior payment within the same subject ture of the revision (change of size, property,the then-current owner may,within four use, etc.); years of payment, apply for a reimbursement of a h. If the request is due to an overpay portion of or the entire impact fee, depending on ment, receipts from previous pay the basis for the request for reimbursement. All such requests for reimbursement shall be calcu ments, corresponding building per lated by applying the impact fee rate schedule mit numbers, and evidence of the that was in effect on the date of the respective current square footage (area) and building permit application.Failure to make timely uses of existing structures must be application for a reimbursement of the impact fee included in the application. shall waive any right to a reimbursement. (2) After verifying that the building permit (1) The application for reimbursement shall has expired or was cancelled before the be filed with the county manager and development had commenced or was re- shall contain the following: vised and thereby required a reduction in a. The name and address of the owner; the impact fee assessed for the develop- b. The location of the property upon ment, the county manager shall forward which the respective development the request for reimbursement of the im- was authorized by the respective pact fee to the appropriate division staff building permit; for further processing as set forth below. c. The date the impact fee was paid; (3) If a building permit is subsequently ap- d. A copy of the receipt of payment for proved for a development on the same the impact fee; property, which was previously approved for a reimbursement, then the impact fee e. The date the building permit was in effect at that time must be paid. issued and the date of expiration, cancellation or approval of the revi- (4) After verifying all information relating to sion, as applicable; the request for reimbursement,staff shall f. Payment of a non-refundable "im- forward the request to the applicable di- pact fee reimbursement processing vision administrator for approval. The fee" equal to two percent of the total division administrator shall approve or impact fees requested to be reim- deny the request and forward all ap- bursed, except that the minimum proved requests to the clerk of the circuit processing fee shall be $25.00 and court's finance department for processing. Supp.No.54 CD74:23 §74-202 COLLIER COUNTY CODE (5) All reimbursement requests totaling (into which the portion of the impact fee $25,000.00 or more, cannot be approved allocated to parks and recreational ser- administratively and must be submitted vices paid by development located in mu- to board of county commissioners. nicipalities within the county will be de- (i) The impact fee shall be paid in addition to posited), and a second entitled all other fees, charges and assessments due for "Unincorporated Park Impact Fee Trust the building permit. Fund" (into which the portion of the im- pact fee allocated to parks and recre- (j) In the event a development is a mixed use ational services paid by development lo- development, the county manager shall calculate cated in the unincorporated areas of the each impact fee based upon each separate impact county will be deposited); fee land use category included in the proposed mixed use development as set forth in the appli- (4) Library:"Library Impact Fee Trust Fund"; cable rate schedule. (5) Emergency medical: "Emergency Medical (k) In the event a development involves a land Services Impact Fee Trust Fund"; use not contemplated under the impact fee land use categories set forth in the rate schedules in (6) Correctional: "Correctional Impact Fee appendix A, the county manager shall calculate Trust Fund"; the appropriate impact fees utilizing the method- ologies contained in the impact fees adopted by (7) Fire: "Fire Impact Fee Trust Fund"; section 74-106. The county manager shall utilize as standards in his determination the impact fee (8) General government: "General Govern- rate calculation variables applicable to the most ment Impact Fee Trust Fund"; similar land use categories in the applicable im- pact fee rate schedules. (9) Law Enforcement: "Law Enforcement Im- (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 01-54, § 5, pact Fee Trust Fund". 10-9-01; Ord. No. 02-44, § 1, 7-31-02; Ord. No. 03-32,§ 1,6-24-03;Ord.No.2006-43,§ 1;Ord.No. Each of these impact fee trust funds shall be 2007-29, § 1; Ord. No. 2009-09, § 4; Ord. No. maintained separate and apart from each other 2013-63, § 3; Ord. No. 2014-04, § 2) and from all other funds of the county. Each fund shall account for all collections, revenues and Sec. 74-203. Use of funds. expenditures, and shall be regularly reported to the board of county commissioners.The portion of (a) The board hereby establishes or reaffirms the impact fee allocated to each p public facility the establishment of separate impact fee trust under sections 74-302 through 74-311, inclusive, funds for each of the public facilities, designated shall be deposited into the corresponding impact as follows: fee trust fund immediately upon receipt. Each of (1) Road: "Road Impact Fee Trust Fund"; the foregoing impact fee trust funds shall be further separated or divided based upon benefit (2) Water and sewer:"Water Impact Fee and/or districts established pursuant to the respective Sewer Impact Fee Trust Funds": The sections 74-302 through 74-311. No impact fee in county hereby establishes or reaffirms the any trust account shall be loaned to any other establishment of two separate trust funds, impact fee trust account, but may be utilized in one entitled"Water Impact Fee Trust Fund" adjacent districts as set forth herein. for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; (b) The funds deposited into each impact fee (3) Parks and recreational:The county hereby trust fund shall be used solely for the purpose of establishes or reaffirms the establishment providing growth necessitated improvements and of two separate trust funds, one entitled additions to the specific public facility or in that "Regional Park Impact Fee Trust Fund" road impact fee district or any one or more adja- Supp.No.54 CD74:24 Loi IMPACT FEE REGULATIONS §74-203 cent road impact fee district for which the impact (15) Repayment of monies transferred or bor- fee was assessed including, but not limited to the rowed from any budgetary fund of the following: county, or the school board in the case of (1) Design and construction plan prepara educational facilities impact fee, subse- tion; quent to the adoption of this chapter, which were used to fund construction, (2) Permitting and fees; acquisition and/or improvements to pub- (3) Construction and design of public facili- ties; (16) Payment of principal and interest, neces- (4) Land and materials acquisition,including sary reserves and costs of issuance under costs of acquisition and condemnation; any bonds or other indebtedness (includ- (5) Right-of-way acquisition, including costs ing certificates of participation in actor of acquisition and condemnation; dance with F.S.§§230.23 and 235.056,for educational facilities impact fees) issued (6) For the road impact fee only, construction by the county, or the school board in the of new through lanes, new turn lanes, case of educational facilities impact fee,to new bridges,bike lanes,sidewalks, street fund growth impacted public facilities sub- lights,and new traffic signalization.How- sequent to the adoption of this chapter; ever,impact fee funds shall not be used to fund bike lanes or sidewalks unless they (17) Reimbursement of excess impact fees due are constructed concurrently as part of a pursuant to section 74-202 or section 74- road project that increases capacity.Other 205; capital cost items, including the reloca- tion,but not the upsizing of,water and/or (18) Design and construction of public facili- sewer utility facilities, may be included ties necessitated by the construction of subject to such cost being contemplated in the specific public facility for which the the then-applicable road impact fee study. impact fee was assessed; (7) Design and construction of new drainage (19) To the extent provided by law,reimburse- facilities required by the construction of ment or refund of costs incurred by the public facilities; county, or the school board in the case of (8) For water and/or sewer impact fees, relo educational facilities impact fee, in the Gating the respective utility facilities re preparation of this chapter, of any update quired by the county and additions to to the impact fee studies adopted pursu ant to section 74-106, and any amend- county utility facilities; ments or supplements adopted pursuant (9) Landscaping; to section 74-502 and any other actual (10) Construction management and inspec administrative costs incurred by the tion; county; (11) Surveying, soils and material testing; (20) Administration for the specific public fa- cility for which the funds were collected (12) For the water impact fee only, develop- directly relating to this chapter; and ment of raw water sources and supplies; (13) Acquisition of capital equipment for pub- (21) Any other expenditures of the respective lit facilities; impact fees as then allowed by law. (14) Acquisition of apparatus, equipment or (c) Impact fee trust funds shall not be used for furniture necessary to expand the public any expenditure that would be classified as a facilities; maintenance or repair expense. Supp.No.54 CD74:25 kaPof §74-203 COLLIER COUNTY CODE (d) The monies deposited into the impact fee applicable time period, then it shall be trust fund shall be used solely to finance public returned to the then current owner. For facilities required by growth as projected in the the purposes of this section,fees collected impact fee studies,the comprehensive plan, or in shall be deemed to be spent or encum- the county's then current water or sewer master bered on the basis of the first fee in shall plan provided the project in the respective master be the first fee out. Such funds may be plan is consistent with the comprehensive plan. encumbered by contract,bond,resolution, (e) All funds on deposit which are not then ordinance, or otherwise. immediately necessary for expenditures shall be invested by the county in compound-interest bear- (4) Impact fee monies refunded by the board ing trust fund(s). in accordance with this subsection(f)shall be paid with interest accrued to the prin- (f) The impact fee collected pursuant to this cipal being refunded but not to exceed the chapter(including all predecessor ordinances that rate of five percent simple interest. Ex- are hereby being consolidated into this chapter) cept as provided for in this subsection(f), shall be returned to the then current owner of the no interest shall be paid upon the return property for which such fee was paid if which fees or refund of impact fees. have not been expended or encumbered prior to the end of the fiscal year immediately following (g) Failure to file a timely petition for a refund the sixth anniversary of the date when the respec- upon becoming eligible to do so shall be deemed to tive impact fee was paid. Refunds shall be made have waived any claim for a refund, and the only in accordance with the following procedure: county shall be entitled to retain and apply the (1) The then current owner shall petition the impact fee for growth necessitated capital improve- board for the refund prior to the end of the ments and additions to the respective public fa- fiscal year immediately following the tenth cilities. anniversary of the date of the payment of the respective impact fee. (h) Notwithstanding any other provisions in (2) The petition for refund shall be submitted this section or in any other county ordinance, the to the county manager, and shall contain: provisions in subsection(D)of section 19,Chapter 88-499, Laws of Florida, a Florida Special Act a. A notarized sworn statement that applicable to the county's water-sewer district, the petitioner is the then current specify the requirements for eligibility for refunds owner of the property for which the of water and sewer impact fees when the struc- impact fee was paid; ture on the property is not authorized to connect b. A copy of the dated receipt issued for into the county's respective utility system within payment of such fee or such other ten years of the date of payment of the related record as would clearly indicate pay- impact fees. The administrator of the public util- ment of such fee; ities division is authorized to grant such refunds c. A certified copy of the latest recorded without further approval from the board subject deed; and to the refund applicant complying with all then applicable refund requirements. d. A copy of the most recent ad valorem tax bill. (i) Impact fee deferrals available to charitable (3) Within 90 days from the date of receipt of organizations and charitable trusts.These impact a complete petition for refund,the county fees deferrals are available only to eligible not-for- manager will advise the owner of the profit, charitable entities as specified herein. The status of the impact fee requested for cumulative total of all not-for-profit deferrals in refund, and if such impact fee has not each of the county's fiscal years shall not exceed been expended or encumbered within its $200,000.00. Impact fees collected by the county Supp.No.54 CD74:26 IMPACT FEE REGULATIONS §74-203 for water, wastewater, educational facilities and instances when the Collier County fire impact fees shall not be deferred under these building permit that authorized the provisions. respective eligible development was (1) Entities eligible for deferrals. These defer- issued after September 7, 2001 and rals are available only to charitable, not before October 13, 2001 and the de for-profit entities that provide services of velopment paid the applicable in- substantial benefit to low-income or very pact fees in full. The applicant can low-income residents of the county at no avoid payment of impact fees (up to charge or at reasonable, reduced rates, the maximum amount of impact fees and no part of the net earnings of the that may possibly be deferred for entity shall inure to the benefit of any that applicant) only when it is pos private shareholder or individual, with sible that the board may grant the proof of the entity's not-for-profit status requested deferral before the respec and eligibility established to the county's tive impact fees become due and sole satisfaction. Deferrals are available payable to the county. The written only to entities that solely provide ser- request must prove all of the appli vices to citizens of the United States, or cable above specified elements that legal aliens that permanently reside in render the entity eligible for the re the United States. Proof of such must be quested deferrals, including the re established to the county's sole satisfac quired tax exemption(s). The county tion. manager may request additional in- formation deemed appropriate to as- (2) Amount of deferrals available to appli- certain the applicant's eligibility for ( cants. Subject to not exceeding the amount the requested deferrals,including cri- of�•/ impact fees paid (or to be paid) by the teria noted in F.S. §§ 196.195 and/or applicant to the county,the applicant may 196.196. request deferrals of all impact fees that are eligible for deferral under these pro- b. The county manager shall review visions,but no applicant shall be granted each written request to determine more than $100,000.00 of not-for-profit eligibility for the requested defer- deferrals. rals. Within 30 days after receipt of the request,the county manager shall (3) No construction that has obtained an af- inform the applicant in writing fordable housing deferral under this arti- whether the request is complete. If cle shall be eligible for any deferral under the request is incomplete, the appli- these provisions. No construction that has cant,shall be notified in writing why been granted a deferral under these pro- the written request fails to prove visions shall be eligible for any county that the entity is eligible for the affordable housing deferrals. requested deferrals. After receipt of (4) Requests for deferrals pursuant to this such notice,the applicant shall have section 74-203. an additional 30 days to re-submit an amended request.Failure to meet a. Except as specified in this subpara- this deadline shall void the appli- graph a., the applicant must file a cant's eligibility for the requested written request for deferral to the deferrals unless an extension is county manager not later than con- granted for good cause at the county currently with payment of the respec- manager's discretion. tive impact fees. The county shall not accept any such requests after c. After a written request is deter- the respective impact fees have been mined by the county manager to paid to the county except in those meet the above-specified minimum Supp.No.54 CD74:27 §74-203 COLLIER COUNTY CODE filing requirements,the county man- with the county. At the conclusion of the ager shall promptly place the re- deferral period the subject impact fees for quest on the county's manager por- the then-current use are due and payable tion of the board's agenda.The fiscal and upon payment in full of the impact year in which the deferral is granted fees the lien will then be satisfied. or denied by the board shall be the (6) The county manager may adopt addi- fiscal year that applies to the re tional generally applicable procedural rules quest. The executive summary shall with regard to requests provided those specify the criteria deemed by the rules apply to all similarly situated appli- county manager to render the appli- cants and do not impose additional man- cant eligible (or ineligible) for the datory eligibility requirements upon any requested deferrals, and shall in- clude the county manager's recom- applicant. mendations whether the board should (7) No construction that has applied for or grant the request in whole or in part, obtained fee payment assistance funding or should deny the request, along under chapter 49 of the Collier County with a proposed agreement that may Code of Laws and Ordinances shall be be executed by the board. No agree- eligible for any deferral under these pro- ment shall apply to more than one visions. No construction that has been applicant. The agreement shall be granted a deferral under these provisions prepared by the county attorney's shall be eligible for any county fee pay- office consistent with this chapter. ment assistance funding. (5) Not-for-profit deferrals are discretionary (Ord. No. 01-13, § 1; Ord. No. 01-54, §§ 4, 6-8; i and the board's decisions are final.Impact Ord. No. 01-63, § 2; Ord. No. 02-06, § 1; Ord. No. u fee deferrals granted under this program 04-16, § 8; Ord. No. 2005-28, § 7; Ord. No. 2005- will be secured as a lien on the subject 31, § 1; Ord. No. 2005-40, § 3; Ord. No. 2006-26, property for the term of the deferral. The § 4; Ord. No. 2006-40, § 2; Ord. No. 2007-29, § 1; term of the deferral shall in all events be Ord. No. 07-57, § 2; Ord. No. 08-23, § 1; Ord. No. due and payable not later than ten years 08-31, § 1; Ord. No. 2009-09, § 5; Ord. No. 2010- after the execution of the impact fee 22, § 2; Ord. No. 2013-63, § 4) de- ferral agreement by the county, unless Sec. 74-204. Alternative fee calculation. otherwise extended by the board of county commissioners. Such fees shall be accel- (a) The impact fee may be determined by an erated and automatically be due and pay- alternative fee calculation of the fiscal impact of able prior to that time period if there is the development on the public facilities if: any breach of the subject impact fee de- ferral agreement by the noncounty party. (1) Any person commencing a development In the event that an entity that is the which increases demand on any public recipient of an impact fee deferral during facility chooses to have the impact fee for the term of the deferral is required,due to that public facility determined by the al a new state or federal mandate,to provide ternative fee calculation and pays to the services to persons that are not legally county in full the impact fee calculated residing in the United States, the entity pursuant to the applicable impact fee rate will notify the county manager in writing schedule and a non-refundable alterna- of the new requirement within 30 days of tive fee calculation review fee of$2,500.00 the effective date of such change, how- or any other review fee amount then es ever, having to provide such services pur- suant to a new state or federal mandate resolution; and shall not be deemed a violation of this (2) The applicant believes that the nature, section or breach of any lien agreement timing or location of the proposed devel- L Supp.No.54 CD74:28 1/4140, IMPACT FEE REGULATIONS §74-204 opment makes it likely to generate im- manager concurs with the proposed approach,the pacts costing less than the amount of the applicant will be notified to proceed with the impact fee generated by application of alternative fee calculation.If the county manager section 74-201 and the impact fee rate disagrees with the proposed approach,the county calculations in sections 74-302 through manager shall identify the problem areas for the 74-309, as applicable for the public facili- applicant to incorporate and address in its ties at issue; and resubmittal to the county. The applicant shall be (3) The applicant commences the alternative required to receive approval from the county fee calculation process by requesting in manager prior to proceeding with the alternative writing to the county manager, and at- fee calculation. If the county manager has not tends with the county manager,the preap- approved the applicant's proposed approach after plication meeting described in subsection one resubmittal, the applicant may request a 74-204(b) within 90 days of the issuance decision from the county manager whereupon the of a certificate of occupancy or certificate county manager shall either approve, approve of completion for the development; and with conditions, or deny the proposed approach. (4) The applicant submits to the county man- ager a completed alternative fee calcula- (d) The alternative fee calculation shall be tion study as described in this section undertaken through the submission of an impact within 12 months of the issuance of the analysis for the public facilities at issue, which certificate of occupancy or certificate of shall be based on data,information, methodology completion for the development. Prior to and assumptions contained in this chapter and/or expiration of the foregoing 12-month pe- the impact fee studies incorporated herein, or an riod,the applicant may request in writing independent source, including local studies for to the county manager up to a six-month alternative impact fee calculations performed by extension of time to submit the completed others within the immediately preceding three alternative fee calculation study. Such ex- years, provided that the independent source is a tension request may be granted by the local study supported by a data base adequate for county manager for good cause shown for the conclusions contained in such study per- extending the time period in which the formed pursuant to a methodology generally ac- study is to be completed.Other extensions cepted by professionals in the field of expertise for of time timely requested by the applicant the public facilities at issue and based upon in writing may be granted. standard sources of information relating to facil- ities planning, cost analysis and demographics (b) Prior to commencing the alternative fee and generally accepted by professionals in the calculation, the applicant shall arrange and at field of expertise for the public facilities at issue. tend a pre application meeting with the county Technical details of approach, methodology, pro- manager to discuss the requirements,procedures cedures and other matters relating to the alter and methodology of the alternative fee calcula- native fee calculation may be addressed in an tion. The pre application meeting will normally administrative procedures manual developed by cover the following topics: (1) proposed previous the county manager and approved by resolution of studies; (2) credits; (3) proposed study sites; (4) the board. study data elements; (5) proposed data collection methodology; and (6)report format. (e) The alternative fee calculation shall be (c) Subsequent to the pre-application meeting, submitted by the applicant for the proposed de- the applicant shall submit three copies of the velopment and shall be prepared and certified as proposed approach to the alternative fee calcula- accurate by persons accepted by the county as tion to the county manager. The county manager qualified professionals in the field of expertise for shall have 30 county working days to respond in the public facilities at issue, and shall be submit- writing to the proposed approach. If the county ted to the county manager. Supp.No.54 CD74:29 §74-204 COLLIER COUNTY CODE (f) Within 30 county working days of receipt of construction or land dedication conveyed to, ac- an alternative fee calculation, the county man- cepted and received by the county for that same ager shall determine if it is complete. If the type of public facility. The county may grant a county manager determines the application is not credit against the impact fee imposed against a complete,he shall send a written statement spec- development pursuant to section 74-201, for the ifying the deficiencies to the person submitting construction, installation or contribution of any the application at the address set forth in the public facilities, or improvements and additions application. The county manager will not be re- thereto, or land dedication related thereto, re- quired to take any further action on the alterna- quired pursuant to a development order for the tive fee calculation until all specified deficiencies development, or not required by such develop- have been corrected. ment order. Such construction, contribution or (g) After the county manager determines that land dedication shall be subject to the approval of the alternative fee calculation is complete, he the county manager and the board as described shall notify the applicant of its completion within herein and shall be an integral part of, and a ten days, and he shall,within 30 county working necessary accommodation to, existing or contem- days,complete a review of the data,analysis, and plated public facilities. Anything to the contrary conclusions asserted in the alternative fee calcu- notwithstanding, a contribution or dedication re- lation.If this review is not completed within these lated to a specific type of public facility shall be time frames, and if requested by the applicant, available as a credit only against the impact fee the item will be scheduled for the next available for the same type of public facility and there shall board meeting. be no intermingling or cross-over of credits from (h) If the county manager determines that in one type of public facility to another type of public the alternative fee calculation the county's cost to facility. accommodate the proposed development is statis- tically significantly different than the impact fee (b) A credit granted against the applicable established pursuant to section 74-201 and the impact fee for certain dedications of land or for applicable sections 74-302 through 74-309, the the contributions of off site improvements to the amount of the impact fee shall be reduced to a transportation network,contributions of construc- dollar amount consistent with the amount deter- tion or installation of regional water and/or re- mined by the alternative fee calculation, subject gional sewer systems, buildings, facilities and/or to the board's approval. improvements and/or additions thereto, made to (i) In the event the applicant disagrees with a the regional water and sewer systems,or for other decision of the county manager that effectively authorized contributions or dedications for other results in a denial of the alternative fee calcula- public facilities authorized in this chapter,whether tion, the applicant may file a written appeal required to be made pursuant to a development petition with the board not later than 30 days order by the county or not, shall be subject to the after receipt of notice of such a decision by the following standards: county manager. In reviewing the decision, the board shall use the standards established herein. (1) The dedicated land shall be an integral The appeal petition must advise the board of all part of, and a necessary accommodation issues and shall explain the precise basis the to,contemplated off site improvements to applicant asserts that the decision(s)of the county the adopted needs plan transportation manager is/are alleged to be incorrect. network, or the county's regional water (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2014-04, and regional sewer systems needs,whether § 3) on-site or off-site, or the county's other public facility needs,as determined by the Sec. 74-205. Developer contribution credit. county; (a) A person may apply for a credit against any impact fee owed pursuant to section 74-201 for a (2) The road off-site improvements to be con- specific type of public facility for any contribution, tributed shall be an integral part of,and a Supp.No.54 CD74:30 IMPACT FEE REGULATIONS §74-205 necessary accommodation to,the adopted appropriate. However, in no event shall cost feasible plan for the transportation any upward adjustment in the credit network; amount as set forth in the developer con- (3) Except as provided in subsections 74- tribution agreement between the owner 205(b)(1) and (b)(2), no other dedications and the county exceed 15 percent above of land, contributions of off-site improve the initial certified estimate of costs for ments, contributions of construction or contributions as provided by the profes- installation of improvements shall be en- sional engineer or architect, as appropri- titled to developer contribution credit from ate. Upon adjustment of the value of the the impact fee; developer's contribution, the contribution credit shall be adjusted accordingly; (4) All dedicated land for road right-of-way shall be conveyed in fee to the county by (7) Until the contribution credit is finally statutory warranty deed. Other convey- adjusted upon completion of construction, ances to the county, including right-of- no more than 75 percent of the initial way or easements required by the county estimate of costs for contributions to the shall be conveyed to the county pursuant regional water and/or sewer systems iden- to ordinances, resolutions, guidelines or tified in the contribution agreement shall regulations then in effect and in form of be actually applied or used in the calcula- conveyance acceptable to the county attor- tions of available credit against water ney; and/or sewer systems impact fees; (5) The credit for a dedication of land shall (8) No credit whatsoever for lands, ease- not exceed the fair market value of the ments,construction or infrastructure oth- erwise dedication as based upon a written erwise required to be built or transferred appraisal by a qualified and professional to the county by law, ordinance or any appraiser acceptable to the county, based other rule or regulation shall be consid- upon comparable sales of similar property ered or included in the determination of between unrelated parties in a bargaining transaction as of the date of the contribu- value of any developer's contribution; tion;the date of the commencement of the (9) All construction cost estimates shall be construction; the date of the land dedica based upon, and all construction plans, tion;or for dedications,the day before the specifications and conveyances shall be in date of the issuance of the development conformity with, the construction stan- order approval (zoning amendment, site dards and procedures of the county as plan approval, PUD approval, or other development order approval)wherein the then adopted by ordinance.All plans and contribution, construction or land dedica- specifications must be approved by the tion was proffered or required;whichever county manager, transportation adminis- occurs first; trator, public utilities administrator or appropriate division or department admin- (6) In the case of contributions of construe- istrator,and other appropriate governmen- tion or installation of improvements, the tal entity prior to commencement of con- value of the proposed contribution shall struction.A determination of the amount be adjusted upon completion of the con- of credit or reimbursement shall be made struction to reflect the actual costs of prior to consideration by the board; construction or installation of improve- ments contributed by the developer. The (10) No credit for a particular type of public actual cost of construction for the contri- facility shall exceed the impact fee for bution shall be based upon costs certified that type of public facility for the pro- by a professional engineer or architect,as posed development imposed by this chap- Supp.No.54 CD74:31 L §74-205 COLLIER COUNTY CODE ter, unless a credit (developer's) agree- plated improvements and additions to the ment has been completed pursuant to the regional water and/or sewer systems, or requirements of this section. otherwise in compliance with subsections (c) An applicant who desires to make a dedica- 74 205(b)(1) and (b)(2) for other public tion of land or contribution for impact fee credits facilities; shall, prior to issuance of a certificate of occu- pancy or certificate of completion, submit to the (3) There is sufficient funding remaining in county a proposed plan for the dedication of land the adopted road impact fee annual credit or for the contribution. The proposed plan of threshold budget, or any threshold that construction or dedication shall include: may be established for other public facil- ities,to cover the request for such credits; (1) A designation and legal description of the development for which the plan is being (4) Such proposed plan, viewed in conjunc- submitted; tion with other existing or proposed plans, (2) A list of the contemplated improvements; will not create a detrimental imbalance between the treatment and transmission (3) A legal description of any land or interest capabilities of the regional water and/or in land proposed to be dedicated and a sewer systems; written appraisal prepared in conformity with the requirements of this section; (5) The transportation administrator or pub- lic utility administrator or county man- (4) An estimate of proposed construction costs ager has determined that the proposal certified by a professional engineer or furthers the development of the applica- architect, as appropriate; and ble component of the public facilities and (5) A proposed time schedule for completion the proposed plan is,in the opinion of the of the proposed plan of construction or board of county commissioners,consistent dedication prepared by a professional en- with the public interest; gineer or architect, as appropriate. (6) Such proposed plan, viewed in conjunc- (d) Upon submission of a complete plan, the tion with other existing or proposed plans, transportation administrator or the public utili- will not adversely impact the cash flow or ties administrator, or appropriate division or de- liquidity of the applicable public facility partment administrator,shall present to the board impact fee trust account in such a way as at a regularly scheduled meeting or a special to frustrate or interfere with other planned meeting called for the purpose of reviewing the or ongoing growth necessitated capital proposed plan and shall provide the applicant or improvements and additions to such pub- owner written notice of the time and place of the lic facility systems; and presentation.The board shall authorize the county attorney to prepare a contribution agreement (7) The proposed time schedule for comple- with the owner only if: tion of the plan is consistent with the (1) There is a finding that the dedications or then-most recently adopted five-year cap- contributions contemplated by the agree- ital improvement program for the appli- ment are consistent with the comprehen- cable public facility. sive plan and the requirements of this section; (e) Upon approval of a proposed plan of dedi- cation or contribution,the transportation admin- (2) Such proposed plan is in conformity with istrator or public utilities administrator or county contemplated improvements and addi- manager shall determine the amount of developer tions to the transportation network in credit and shall approve the timetable for comple- compliance with the requirements of sub- tion of construction. The amount of developer sections 74-205(b)(1) and(b)(2)or contem- credit to be applied against the applicable public Supp. No.54 CD74:32 IMPACT FEE REGULATIONS §74-205 facility impact fee shall be determined according (4) Impact fee credits shall run with the land to the standards of valuation described in subsec- in perpetuity, interest free, until used or tion 74-205(b). assigned. (f) Upon approval of a plan for the dedication (5) A graphic drawing or rendering and a or contribution, a developer contribution agree- legal description of the dedication or con- ment shall be entered into between the county tribution to be made pursuant to the and the owner. A non-refundable processing, re- agreement. view and audit fee of$2,500.00 shall be due once (6) An acknowledgement that the dedications the voluntary plan has been approved and prior to or contributions contemplated under the the preparation of a contribution agreement by agreement shall be construed and charac- the county attorney. The processing, review and terized as work done and property rights audit fee shall be returned to the applicant if acquired by a highway or road agency for either the county manager, the authorized divi- sion or department administrator, or the board the improvement of a road within the determines the proposed plan is not acceptable. boundaries of a right-of-way, or by the county, a utility, or other persons or enti- The processing,review and audit fee shall become ties engaged in the distribution and trans- non-refundable when the board authorizes the mission of water and/or collection or trans- county attorney to prepare a contribution agree- mission of sewerage for the purpose of ment. The contribution agreement shall, at a constructing or installing on established minimum, provide for and include, but not be rights-of-way,mains,pipes,cables,utility limited to: infrastructure or the like. (1) Identification of the parties including a (7) acknowledgement that the contribu- tion agreement shall not be construed and disclosing who are the record owners of characterized as a development agree- the real property described in the contri- ment under the Florida Local Govern- bution agreement. If requested by the ment Development Agreement Act,as then county attorney, the applicant or owner amended, or otherwise. shall provide to the county attorney,at no cost to the county, an attorney's opinion (8) Adoption of the approved time schedule identifying the record owner, his author- for completion of the plan. ity to enter into the contribution agree- (9) Determination of the dollar value amount ment and identify any lien holders having of credit based upon the standard of val- a lien or encumbrance on the real prop uation as set forth in subsections 74- erty that is the subject of the agreement. 205(b)(1) and (2). Said opinion shall specifically describe each of the recorded instruments under (10) A written appraisal for any land dedica- which the record owner holds title, each tion. lien or encumbrance,and cite appropriate recording information and incorporate by (11) The initial professional opinion of proba- reference a copy of all such referenced ble construction costs, if any, provided by instruments. a professional engineer or professional architect, as appropriate. (2) A finding that the contributions and ded- ications contemplated by the agreement (12) A requirement that the owner keeps or are consistent with the comprehensive provides for retention of adequate records plan. and supporting documentation that con- cern or reflect total project cost of the (3) A legal description of all lands included in improvements to be contributed. This in- the development subject to the agree- formation shall be available to the county, ( ment. or its duty authorized agent or represen- \/ Supp.No.54 CD74:33 §74-205 COLLIER COUNTY CODE tative,for audit,inspection or copying,for performance under,the contribution agree- a minimum of five years after the termi- ment,including whether or not there has nation of the contribution agreement. been demonstrated good faith compliance (13) A requirement that the credit for impact with the terms of the contribution agree fees for the specific public facility identi- ment and to report the credit applied fled in the contribution agreement shall toward payment of impact fees and the run with the land of the subject develop- balance of available and unused credit. If ment and shall be reduced by the entire the board finds, on the basis of substan- amount of the impact fee for that public tial competent evidence, that there has facility due for each building permit until been a failure to comply with the terms of the development project is either corn- the contribution agreement, the agree- pleted or the credits are exhausted or are ment may be revoked or modified by the no longer available,or have been assigned county. by operation of or pursuant to an assign- ment agreement with the county. The (18) A provision that mandates modification or foregoing reduction in the impact fee credit revocation of the contribution agreement shall be calculated based on the amount as may thereafter be necessary to comply of the impact fees for that public facility with then-applicable and relevant state in effect at the time of the building permit and federal laws, if state or federal laws application. The credit shall specify the are enacted after the execution of the specific type of public facility impact fee to contribution agreement which are appli- which it shall apply (e.g., roads, sewer, cable to and which preclude the parties' water, etc.) and shall not apply to any compliance with the terms of the contri- other type of public facility impact fee. bution agreement. (14) That the burdens of the contribution agree- ment shall be binding upon, and the ben- (19) Amendment or cancellation by mutual efits of the agreement shall inure to, all consent of the parties to the contribution successors in interest to the parties to the agreement or by their successors in inter- contribution agreement. est. (15) An acknowledgment that the failure of (20) Recording of the contribution agreement the contribution agreement to address in the official records within 14 days after any permit,condition,term,or restriction the county enters into the contribution shall not relieve either the applicant or agreement.All costs of recording and con- owner,or their successors,of the necessity veyance shall be paid by the applicant or of complying with any law, ordinances, owner. rule or regulation governing said permit- ting requirements, conditions, terms or (21) The ability to file an action for injunctive restrictions. relief in the circuit court of the county to (16) Compliance with the then-applicable risk enforce the terms of the contribution agree- management guidelines which may be ment, said remedy being cumulative with established by the county's risk manage- any and all other remedies available to ment department from time to time, in- the parties for enforcement of the agree cluding but not limited to insurance and ment. indemnification language acceptable to the (22) An acknowledgment that the contribution county for any contribution or dedication. agreement shall not be construed or char- (17) Annual examination and audit of compli- acterized as a development agreement ance performed by an independent audi- under the Florida Local Government De- tor to determine compliance with, and velopment Agreement Act. Supp.No.54 CD74:34 Jime IMPACT FEE REGULATIONS §74-205 (g) Any developer contribution credit granted pensate and may agree to reimburse for from the specific type of public facility impact fee that phase or phases of off site improve- shall only be for those dedications or contribu- ments at the time the funds are scheduled tions made to accommodate growth, within the to become available in the five-year CIE; respective impact fee district where the develop- and ment is located, or an adjacent district (for the (2) If the county has a budget for advanced purposes of road impact fees), and for the same right-of-way acquisition, the county may type of public facility impact fee for which the reimburse for the value of the right-of- dedications or contribution has been made. way, up to the level of the remaining (h) All road impact fee credits shall be awarded budget for such land acquisition. on an annual basis from an allocation established each fiscal year of the county based upon the (1) The county shall not reimburse for contri recommended annual budget threshold amount butions that are not included in the five-year CIE as established in the budget of the transportation or that exceed the amount of credits established services division.No road impact fee credits greater in the threshold level budgeted. than this annual allocated sum shall be allowed (m) In order to maintain the pro-rata or pro- in any fiscal year. The balance of any annual portionate share purpose of this chapter, it is unexpended road impact fee credits may be car- necessary that a uniform method be used ried over from one fiscal year to the next fiscal countywide in determining credit against the im- year, subject to the allocation limit each fiscal pact fee. Therefore, the county,when considering year,until expended. Should Developer be unable compensation or credit, shall apply the then- to commence Development as originally contem- applicable standards it has established in the plated in the contribution agreement,the parties unincorporated areas throughout the entire incor- may enter into a reimbursement agreement, sub- porated and unincorporated county, i.e., with re- ject to annual appropriation,provided such agree- gard to roads, the dedication of the minimum ment for reimbursement shall not be for a period local road widths is non-compensable, thus put- in excess of seven years from the date of recording ting the unincorporated areas and the incorpo- the contribution agreement in the official records rated areas in the same posture and thereby of the county, and shall provide for a forfeiture of maintaining the integrity of the pro-rata or pro- any remaining reimbursement balance at the end portionate share concept. of such time period. (i) All right-of-way dedications must be consis (n) Impact fee credits shall not be assigned or tent with the county's adopted needs plan in order otherwise transferred from one development to to be eligible for road impact fee credits at the another development except by written agree- ment executed by the county,and then, shall only time of the request. be transferable from one development to another (j) Any dedication or contribution for which a development within the same or adjacent impact road impact fee credit is requested must be in the fee district for the same type of public facility county's cost feasible plan of the transportation impact fee.This assignment or transfer may be to network at the time of the request. commercial and/or residential developments. Im- (k) If road impact fee credits are not available pact fee credits will be accomplished only through at the time of request, the county shall otherwise the operation of a credit agreement. Should an assignment of credit be approved by the county compensate and may award a cash reimburse through execution of such an agreement, the ment subject to conformity to all other require assignee shall take the agreement as is and shall ments for credit eligibility and subject to the be bound by all of the terms and conditions of the following additional conditions: agreement as originally executed by the assignor (1) If a phase or phases of the contribution and other parties. No assignee (or transferee) of and dedication, or either, are included in any such agreement shall have the right to any the five-year CIE, the county shall com- review procedure under this chapter except to the Supp.No.54 CD74:35 bowl §74-205 COLLIER COUNTY CODE extent expressly granted in the agreement. The between the general provisions of this chapter provisions of this paragraph shall apply to subse- and the specific provisions set forth in this article quent purchasers or successors in title to the III, the terms and provisions of article III shall owner. control. (o) Any applicant who submits a proposed credit (Ord. No. 01-13, § 1, 3-13-01) agreement pursuant to this chapter and desires the immediate issuance of a certificate of occu- pancy or certificate of completion for a building impact fee. permit shall pay the impact fee. Said payment (a) Short name. This section may be known as shall be deemed paid "under protest" and shall "Special Requirements for Road Impact Fee". not be construed as a waiver of any review rights. Any difference between the amount paid and the (b) Purpose. It is hereby ascertained, deter- amount due, as determined by the county man- mined and declared: ager, shall be refunded to the applicant or owner. (1) Both existing development and develop- (p) In the event the amount of impact fee ment necessitated by the growth contem- credit for a specific type of public facility, pursu- plated in the comprehensive plan will ant to an approved contribution or dedication, require improvements and additions to exceeds the total amount of impact fee for that the transportation network to accommo- same type of public facility imposed upon the date and maintain traffic at the level of development, the contribution agreement may service adopted by the county. Future provide for the future reimbursement to the owner growth, as represented by new develop- of the excess of such contribution credit from ment, should contribute to the cost of Lfuture receipts by the county of impact fees. improvements and additions to the trans- i However, no reimbursement shall be paid until portation network required to accommo- such time as all development at the location date and traffic generated by such growth which was subject to the credit has been corn- as contemplated in the comprehensive pleted. Such reimbursement shall be made over a plan. period of five years from the date of completion of (2) The required improvement and additions the development as determined by the county. to the transportation network needed to (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2010-22, accommodate existing traffic at the level § 3; Ord. No. 2011-19, § 3; Ord. No. 2013-63, § 5; of service adopted by the county shall be Ord. No. 2014-04, § 4) financed by revenue sources of the county other than road impact fee. Secs. 74-206-74-300. Reserved. (3) Implementation of a road impact fee to require future development to contribute ARTICLE III. SPECIAL REQUIREMENTS the cost of required transportation capital FOR SPECIFIC TYPES OF IMPACT FEES improvements and additions is an inte- gral and vital element of the regulatory Sec. 74-301. Overview of special require- plan of growth management incorporated ments. in the comprehensive plan of the county. Because this chapter is a consolidation of im- (4) Future growth as represented by new pact fee regulations for different types of public development requires capacity additions facilities, this article III shall establish and pro- to roads within the state highway system, vide additional or different provisions, require- the county road system and the city street ments and limitations that apply only to a partic- system. The provision of these growth ular type of public facility. A separate section necessitated capacity additions to the state within this chapter has been included for each highway system and certain portions of type of public facility. In the event of a conflict the city street system directly benefits all Supp.No.54 CD74:36 IMPACT FEE REGULATIONS §74-302 residents of the county and is interrelated This chapter shall not be construed to with the provision of growth necessitated permit the collection of road impact fees improvements to the county road system. from development in excess of the amount In recognition of these findings and the reasonably anticipated to offset the de- interconnections between the various road mand on the transportation network gen- systems, it is the intent of the board to erated by such development. impose an impact fee on development (9) This chapter shall not be construed to occurring within the county and to utilize permit the expending or encumbering of the proceeds to construct or acquire con any monies collected through road impact templated improvements and capacity ad fees for the construction of improvements ditions to the transportation network. or additions to roads which are not con- (5) The board expressly finds that improve- tained within the transportation network. ments and additions to the transportation network provide a benefit to all develop- (c) Limitation on applicability. See section 74 103. ment within the county in excess of the road impact fee. (d) Payment. See section 74-202. (6) In recognition that transportation plan- (e) Use of funds. ping is an evolving process,it is the intent (1) The road impact fee shall provide funds of the board that improvements and addi- only for off-site growth necessitated im- tions to the transportation network be provements or addition(s) to transporta- reviewed and adjusted periodically to in- tion network roads within the same road sure that road impact fees are imposed impact fee district where the respective l equitably and lawfully and are utilized development is located or for arterial or 16 effectively based upon actual and antici- collector roadways of any one or more pated growth needs at the time of their adjacent districts. Road impact fees from imposition. each such road impact fee district may be (7) The county has a responsibility to provide used in the respective adjacent district(s) and maintain certain roads in the county provided that: in both the unincorporated areas and a. The improvement to be made in the within incorporated areas of the county. adjacent district is part of the trans- Placing a fair share of the burden of the portation network that will directly cost of providing the improvements and benefit development in the district additions to the transportation network from which the road impact fees are required by development within incorpo- generated; and rated areas constitutes a county purpose. b. The expenditure of road impact fees Construction occurring within incorpo- within the respective adjacent road rated areas impacts the county road sys- impact fee district is reasonably re- tem and state highway system within the lated to the benefit derived by the county. In recognition of these findings,it district wherein the road impact fees is the intent of the board to impose the are collected. road impact fee on all development occur- ring within the county, including areas (2) Prior to the expenditure of road impact within municipal boundaries. fees for a capital improvement or addition located in a road impact fee district other (8) The purpose of this section is to require than where the impact fees were derived, the development within the county to a professional engineer shall provide a provide for capital improvements and ad- specific determination of benefit and dem- ditions to the transportation network which onstrate compliance with the require- are necessitated by such development. ments of this section for the proposed Supp.No.54 CD74:37 01.111 §74-302 COLLIER COUNTY CODE expenditure. Expenditure of road impact schedule incorporated in schedule 1 fees in a road impact fee district other is hereby adopted and the road im- than from where the impact fees were pact fees established in such road derived shall require approval from the impact fee rate schedule are hereby board and the board shall support the imposed on all development located approval by a specific finding of benefit. within road impact fee district num- ber 2 at a rate established under the (3) Access improvements, including required applicable impact fee land use cate- right-of-way dedications, shall be pro- gories. vided by the applicant in accordance with all other applicable ordinances of the c. Road impact fee district number 3 is county. hereby created or affirmed to include the boundaries set forth and estab- (4) Road impact fee district boundaries(where lished as described and depicted in a road right-of-way is used to define road appendix B, attached hereto and in- district boundaries, that portion of the corporated by reference. Road im- road right-of-way demarcating the bound- pact fee district number 3 shall in- ary may be considered as part of either dude all areas previously included district that it bounds). within district number 4 created by a. Road impact fee district number 1 is Ordinance No. 85-55, as amended. hereby created or affirmed to include The road impact fee rate schedule the boundaries set forth and estab- incorporated in schedule 1 is hereby lished as described and depicted in adopted and the road impact fees appendix B, attached hereto and in established in such road impact fee corporated by reference. Road im- rate schedule are hereby imposed on pact fee district number 1 shall in- all development located within road dude all areas previously included impact fee district number 3 at a within district numbers 1 and 2 ere rate established under the applica- ated by Ordinance No. 85-55, as ble impact fee land use categories. amended. The road impact fee rate d. Road impact fee district number 4 is schedule incorporated in schedule 1 hereby created or affirmed to include is hereby adopted and the road im- the boundaries set forth and estab- pact fees established in the road lished as described and depicted in impact fee rate schedule are hereby appendix B, attached hereto and in- imposed on all development located corporated by reference. Road im- within road impact fee district num- pact fee district number 4 shall in- ber 1 at a rate established under the dude all areas previously included applicable impact fee land use cate- within district number 6 created by gories. Ordinance No. 85-55, as amended. The road impact fee rate schedule b. Road impact fee district number 2 is incorporated in schedule 1 is hereby hereby created or affirmed to include adopted and the road impact fees the boundaries set forth and estab- lished as described and depicted in established in such road impact fee appendix B, attached hereto and in- rate schedule are hereby imposed on corporated by reference. Road im- all development located within road pact fee district number 2 shall in impact fee district number 4 at a elude all areas previously included rate established under the applica- within district numbers 3 and 5 cre- ble impact fee land use categories. ated by Ordinance No. 85-55, as e. Road impact fee district number 5 is amended. The road impact fee rate hereby created or affirmed to include Supp.No.54 CD74:38 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 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 develop- ment 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 improve- ment to the transportation network required to accommodate traffic gener- ated 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) Payment of road impact fees to obtain a certificate of adequate public facilities. (1) A certificate of public facility adequacy (COA) shall be issued concurrent with § 74-302IMPACT FEE REGULATIONS CD74:39Supp. No. 118 the approval of the next to occur final local development order. Final calcula- tion of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application submittal, such that additional impact fees may be due prior to issuance of a certificate of occupancy or certificate of completion for the building permit(s). (2) Offsets for road impact fees assessed to building permits for impact fees paid in accordance with this subsection, will be applied equally to units or square footage and will run with the subject land. (3) This provision is to be read in conjunc- tion with Section 10.02.07 of the Collier County Land Development Code. To the extent this provision conflicts with this or with any other Collier County ordinance, rule or regulation, the provi- sions of this section shall control. (4) The provisions of this subsection apply to final local development orders approved prior to July 1, 2019. Final local develop- ment orders approved on or after July 1, 2019 are required to obtain a COA in accordance with the provisions of 10.02.07 of the Collier County Land Development Code but are not required to pay road impact fees to obtain the COA, in accordance with the provisions of F.S. § 163.31801. (h) Payment of road impact fees related to mines/commercial excavation. (1) The payment of impact fees related to mines/commercial excavation may be paid annually over a five-year period with the first payment due upon issuance of the excavation permit for the subject site. (2) The first payment shall be calculated based on the volume of material to be excavated, as indicated on the excavation permit or site plan, times the adopted road impact fee rate for mines/com- mercial excavation in effect at the time of the application for the Conditional Use that was granted by the Board of County Commissioners, divided by five. Materi- als utilized for on-site purposes shall not be included in the calculation as they are not subject to the impact fee assessment. The remaining four payments shall be due annually within 5 business days of the anniversary of the first payment date. (3) Concurrent with the first payment, a temporary five-year certificate of public facility adequacy (COA) will be issued for the proposed excavation site. Upon pay- ment of the full amount of impact fees calculated for the excavation permit the certificate will be issued in perpetuity. (4) Failure to submit payment in accordance with the provisions of this subsection will result in the matter being referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances, the temporary certificate of public facility adequacy (COA) shall be revoked. Revocation of the temporary certificate of public facil- ity adequacy shall also result in revoca- tion of the excavation permit or site plan approval for the subject site. (5) At any time prior to the final payment and issuance of the certificate of public facility adequacy (COA) in perpetuity, the applicant may provide documenta- tion demonstrating that the actual volume of material to be transported from the site is less than the permitted amount. The documentation shall include signed and sealed volumetric drawings and back-up information that justifies the reduction to the sole satisfaction of the County. Upon approval by the county manager, the excavation permit or site plan will be modified by the applicant in accordance with the revised volume of material to be transported on the public roadway network. The impact fee calcula- tion for the remaining payments will also § 74-302 COLLIER COUNTY CODE CD74:40Supp. No. 118 be revised to reflect the revised volume of material to be transported from the site. (Ord. No. 01-13, § 1; Ord. No. 02-66, § 1; Ord. No. 2006-19, § 2; Ord. No. 2007-29, § 2; Ord. No. 07-57, § 3; Ord. No. 2009-09, § 6; Ord. No. 2009-71, § 3; Ord. No. 2011-20, § 1; Ord. No. 2014-04, § 5; Ord. No. 2019-48, § 3; Ord. No. 2024-30, § 3) Sec. 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 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 F.S. ch. 125, pt. II of Chapter 153, Chapter 164, and Chapter 380; 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 Poli- cies 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 that 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 subsection 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 accom- modate the use of such facilities within the nonexcluded areas. (c) Limitation on Applicability. Notwithstand- ing the general applicability provisions set forth in this chapter, water and sewer impact fees shall be limited as follows: (1) The imposition of water and sewer impact fees shall include only development on lands within the county water sewer district. The imposition and collection of water and sewer impact fees on geographic areas within the county water sewer district shall not take place until such time when connection to the regional water and/or sewer system is made. Lands required to connect or request connection to the regional water and/or sewer system, or which otherwise create a growth neces- sitated demand upon the regional water and/or sewer system shall be subject to the imposition of impact fees in accordance with this chapter. The following areas are provided exclusion from water and/or sewer impact fees since they are not served by the existing treatment capabili- ties of the regional water and/or regional sewer system: a. Those areas lying within the boundaries of the former Goodland Water District. Exclusion of those areas within the boundaries of the former Goodland Water District recognizes that this area is not pres- ently planned to be served by the treatment capabilities of the regional water and/or regional sewer systems. b. Those areas lying within the Macro Shores, Unit 1, Sections 26 and 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. § 74-303IMPACT FEE REGULATIONS CD74:41Supp. No. 118 c. Those areas lying within the Key Marco Community Development District not planned to be served by treatment capabilities of the regional water and/or regional sewer systems. (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 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 source other than the county water- sewer district, or (ii) do not then request any such service but are located in a place where it is physi- cally possible to effect a physical interconnection with the respective regional water-sewer district's facili- ties. This last provision is to preclude the possibility of unauthorized interconnections 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 existing building, use or applicable improve- ment 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 years with owners of then- existing buildings, structures or applicable improvements which are mandated to connect to the regional water and/or regional sewer systems. Prior to the county 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 rela- tive to providing extended payment and the cost of such funds, including all expenses and costs incidental to obtain- ing or providing same, including interest at the interest rate that the board or the public utilities administrator will employ in offering extended payment with inter- est, and a reasonable estimation of the administrative costs of expenses associ- ated 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 con- nect 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 provid- ing an extended payment alterna- tive, shall be paid in equal monthly payments with an annual interest § 74-303 COLLIER COUNTY CODE CD74:42Supp. No. 118 rate 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 (cur- rently Ordinance No. 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 $6,000.00, the board hereby delegates to the public utilities administrator the power and author- ity 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 associ- ated 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 aggrega- tion of related agreements, to extend payment of impact fees and associ- ated costs with a face amount in excess of $6,000.00, the county shall require the procedure and documentation for extending pay- ments to substantially and reason- ably conform to generally accepted and reasonably applicable com- mercial 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 inter- est 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 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 the 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 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 § 74-303IMPACT FEE REGULATIONS CD74:43Supp. No. 118 persons, to pass through entirely and on the same terms all the benefits of any extended payment of the impact fees to the affected 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. (g) Annual mid-cycle water and sewer impact fee rate indexing. Beginning January 1, 2005, the county shall commence a three-year water and sewer (wastewater) impact fee update cycle pursu- ant to subsections 74-201(b) and 74-502(a) of this article. In each of the two mid-cycle years (between the formal three-year updates) the county shall implement indexing adjustments to each water and sewer impact fee amount by the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the index stated in the board resolution (or ordinance) that implements that indexing. Water and sewer impact fees shall be increased by indexing only to the extent that increases resulting from index- ing exceed the assumed inflation rate used to calculate the then applicable impact fees. (Ord. No. 01-13, § 1; Ord. No. 01-54, § 9; Ord. No. 04-79, § 1; Ord. No. 2006-26, § 5; Ord. No. 07-52, § 1; Ord. No. 07-57, § 4; Ord. No. 2009-64, § 1; Ord. No. 2012-03, § 1; Ord. No. 2013-63, § 6; Ord. No. 2014-05, § 1; Ord. No. 2015-17, § 4) Sec. 74-304. Same—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 parks 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. (Ord. No. 01-13, § 1; Ord. No. 02-66, § 2; Ord. No. 2006-10, § 2; Ord. No. 07-57, § 5; Ord. No. 2024-30, § 4) Sec. 74-305. Same—Library impact fee. (a) Short name. This section may be known as "Special Requirements for Library Impact Fee". (b) Purpose. The purpose of this section is to tailor the general common requirements of the chapter to the specific requirements of library 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 library impact fee rate schedule incorporated in schedule eight is hereby adopted 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. (Ord. No. 01-13, § 1; Ord. No. 04-21, § 2; Ord. No. 2006-18, § 2; Ord. No. 07-57, § 6; Ord. No. 2024-30, § 5) § 74-303 COLLIER COUNTY CODE CD74:44Supp. No. 118 Sec. 74-306. Same—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 7 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. (Ord. No. 01-13, § 1; Ord. No. 2006-09, § 3; Ord. No. 07-57, § 7; Ord. No. 2024-30, § 6) Sec. 74-307. Same—Educational facilities impact fee. (a) Short name. This section may be known as "Special Requirements for Educational [Facili- ties] Impact Fee". (b) Purpose. The purpose of this section is 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 improve- ments 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 improve- ments or additions. In the event 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. (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 educational facilities impact 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 the 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. (Ord. No. 01-13, § 1; Ord. No. 2006-21, § 2; Ord. No. 07-57, § 8; Ord. No. 2024-30, § 7) Sec. 74-308. Same—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 the general common requirements of this chapter to the specific requirements of cor- rectional 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 4 is hereby adopted and the correctional impact fees § 74-308IMPACT FEE REGULATIONS CD74:45Supp. No. 118 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. (Ord. No. 01-13, § 1; Ord. No. 2005-47, § 4; Ord. No. 2006-15, § 1; Ord. No. 07-57, § 9; Ord. No. 2024-30, § 8) Sec. 74-309. Same—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 cost of improvements and additions to the fire facilities that are required to accommodate the use of such facilities within the districts. (c) Limitation on applicability. Notwithstand- ing 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 develop- ment 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: a. 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. b. Ochopee Fire District: All of Town- ship 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; Town- ship 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; Town- ship 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; Town- ship 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) Use of funds. See section 74-203. § 74-308 COLLIER COUNTY CODE CD74:46Supp. No. 118 (f) Impact fee rates. The fire impact fee rate schedule incorporated in schedule 5 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. (Ord. No. 01-13, § 1; Ord. No. 2006-10, § 3; Ord. No. 07-57, § 10; Ord. No. 2024-30, § 9) Sec. 74-310. Same—General government building impact fee. (a) Short name. This section may be known as "special requirements for the general govern- ment building impact fee." (b) Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of general government building 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 general government building impact fee rate schedule incorporated in Schedule Nine is hereby adopted and the general government building impact fees established in the general government building 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 subject to the following limitations: (1) That for one-year from [the effective date of this ordinance] the rates set forth in the then currently adopted general govern- ment building impact fee rate schedule shall be applied at 75 percent of the then applicable rate; (2) That for one year following the one-year period in (1) above, the fee to be applied will be 85 percent of the then applicable rate; and (3) That at the end of the time period set forth in (2) above, and thereafter, the rate to be applied will be 100 percent of the then applicable rate. (Ord. No. 04-16, § 9; Ord. No. 2006-40, § 3; Ord. No. 07-57, § 11; Ord. No. 2024-30, § 10) Sec. 74-311. Special requirements for law enforcement impact fee. (a) Short name. This section may be known as "Special Requirements for Law Enforcement Impact Fee." (b) Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of law enforce- ment impact fees. (c) Limitation on applicability. The collection and expenditure of law enforcement impact fees shall be limited to the unincorporated area of Collier County and the incorporated area of the City of Everglades. (d) Payment. See section 74-202. (e) Use of funds. See section 74-203. (f) Impact fee rates. The law enforcement impact fee rate schedule incorporated in schedule ten is hereby adopted and the law enforcement impact fees established in the law enforcement impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories. (Ord. No. 2005-28, § 8; Ord. No. 07-57, § 12; Ord. No. 2024-30, § 11) Secs. 74-312—74-400. Reserved. ARTICLE IV. AFFORDABLE HOUSING IMPACT FEE DEFERRAL* Sec. 74-401. Impact fee deferral. (a) Applicability. (1) Pursuant to the requirements established in this section and article IV, the county *Editor’s note—Section 4 of Ord. No. 2005-40 renamed art. IV to read as herein set out. Formerly, art. IV was entitled "Affordable Housing Impact Fee Waiver or Deferral." § 74-401IMPACT FEE REGULATIONS CD74:47Supp. No. 118 shall defer the payment of the impact fee for any new owner-occupied or rental dwelling unit which qualifies as afford- able housing under this article. (2) Any person seeking an affordable hous- ing deferral for a proposed dwelling unit shall file with the county manager an application for deferral and the deferral shall be fully executed and recorded prior to issuance of a temporary or final certificate of occupancy or payment of impact fees. The application for deferral shall contain the following: a. The name and address of the applicant; b. An up to date, complete legal descrip- tion of the site upon which the dwelling unit is proposed to be located; c. The maximum income level of the proposed owner or tenant, or if the owner is a developer or builder, the income level of the household to which the dwelling unit it is to be sold or provided for occupancy; d. The square footage and number of bedrooms in each dwelling unit of the development. (3) If the proposed development meets the requirements for an affordable housing deferral as set forth in this article, the county manager may, but is not required to, enter into an impact fee deferral agreement and is authorized to execute such deferral agreements along with any corresponding tri-party agreement intended to further define repayment obligations, as may be applicable, with the owner or applicant. The impact fee deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agree- ment. (4) Unless specifically provided to the contrary by majority action of the board, such as by an agreement or condition of development, water and sewer impact fees are fully exempt from all rental impact fee deferral programs. (b) Qualifying owner-occupied dwelling. To qualify for an affordable housing impact fee 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 an extremely low, very low, low, or moderate-income level, at the time of final execution by the county of a deferral agreement as those income level terms are defined in section 74-402. (2) The monthly mortgage payment, includ- ing taxes and insurance, must not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the applicable household category as indicated in sec- tion 74-402. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. (3) A dwelling unit shall qualify as "owner- occupied" if: a. written affirmation from the developer to the county guarantees that the requisite affordable hous- ing units will be constructed, and b. the affirmation is in effect at the date of execution of the impact fee deferral agreement by the county, and c. within six months from the date of issuance of the certificate of occupancy, any option to purchase is exercised and the qualifying purchaser takes ownership of the dwelling unit. § 74-401 COLLIER COUNTY CODE CD74:48Supp. No. 118 (4) If the qualifying purchaser fails to purchase the dwelling unit within the six-month period, then: a. the deferred impact fee is considered in default as of the date that the fee would have been due without the deferral; and b. the applicant shall pay all of the impact fees, including delinquency fees and interest dating back to the date that the fees would have been assessed but for the deferral as provided in section 74-501. (5) The owner, or if there is more than one owner, 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 three years. (6) The dwelling unit must be the homestead of the owner(s). The owner(s) of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States or be a legal alien who permanently resides in the United States. Proof of United States Citizenship or permanent legal residency must be established to the county's sole satisfac- tion. The dwelling unit must be granted a homestead tax exemption pursuant to F.S. ch. 196. (7) No more than 50 deferral agreements are permitted at any single time for an individual developer, or for any develop- ments that are under common owner- ship. For purposes of this subsection, "common ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, enti- ties, or unincorporated associations, in which a stockbroker, partner, or associ- ate, or a member of his family owns an interest in each corporation, firm, partner- ship, entity, or unincorporated associa- tion. (c) Qualifying rental dwelling unit. (1) To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of the following criteria: a. The household renting the dwelling unit, including any rental multifam- ily dwelling unit, must have an extremely low, very low, low, or moderate income level, at the com- mencement of the leasehold and during the duration thereof, as those terms are defined in section 74-402. b. The dwelling unit must be and must remain the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States or be a legal alien who permanently resides in the United States. c. 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. (d) Repayment for owner-occupied units. (1) All impact fees deferred for owner- occupied dwelling units shall become due and payable and shall be immediately paid in full to the county upon: a. The sale of the dwelling; or b. Refinancing of the purchase mortgage or loans secured by senior real property security instruments; or c. A loss of the homestead exemption under Section 4, Article X of the State Constitution; d. The first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be § 74-401IMPACT FEE REGULATIONS CD74:49Supp. No. 118 paid in full to the county not later than the closing of the sale, or not later than the effective date of the transfer. (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent per annum, but in no event shall it exceed 25 percent of the total fee amount. (3) Notwithstanding anything in subsection (d)(1) of this section 74-401, the director of the Community and Human Services Division of the Public Services Depart- ment may waive the triggering of the obligation to pay deferred impact fees due to a refinancing if the director determines that the refinancing is for improvements or repairs to the dwelling that will enhance the value of the dwell- ing, and is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, transfer, or refinancing. (e) Reserved. (f) Repayment obligations. (1) Generally. The impact fees deferred shall be a lien on the property until all require- ments under this article and the agree- ment have been satisfied. (2) Rentals. a. Annually, the owner (i.e., lessor) of a rental dwelling unit, including any multi-family rental 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 30 days of the anniversary date of the issuance of a certificate of occupancy, or at another mutu- ally agreed on date. If the affidavit is not filed on time the affiant shall pay to the county a $50.00 late fee. b. If the income of any unit renter which originally qualified as very low, low, or moderate income level as defined in section 74-402, below, exceeds the standards set forth in subsection (c) by more than 40 percent, then the deferred impact fee shall become immediately due and payable by the owner or, in the alternative, the owner shall have 90 days to comply with the affordable housing standards set forth in this section. Developments which are then monitored by the Florida Hous- ing Finance Corporation, or any other state or federal agency, will not be required to file this separate affidavit of compliance with the county manager. The applicant shall provide a true copy of these monitor- ing reports to the Community and Human Services Division. (3) Owner-occupied dwelling units. If the household income of the qualified owner- occupied dwelling unit rises above the standards for deferrals set forth in subsec- tion (b) of this section, the owner shall maintain the deferral. Notwithstanding the foregoing, all outstanding impact fees deferred shall be paid in full upon sale or transfer of the dwelling unit. (g) Deferral agreements. The owner receiving an impact fee deferral shall enter into a deferral agreement of impact fee agreement with the county. A separate deferral agreement shall be executed for each qualifying owner-occupied dwell- ing or qualifying rental development. While applicants are required to enter into a deferral agreement in order to receive a deferral of impact fees, nothing in this section requires the county to enter into a deferral agreements. The deferral 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 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 § 74-401 COLLIER COUNTY CODE CD74:50Supp. No. 118 meeting the criteria set forth in this article in order to maintain the deferral. (3) For each such owner-occupied dwelling unit, the amount of impact fees deferred shall be paid to the county in full upon sale. For rental units, including any multifamily dwelling unit, the impact fees deferred shall in all events be due and payable no later than ten years after the execution by the county of the impact fee deferral agreement. Payment of deferred impact fees for qualifying rental multifamily units may be extended beyond 10 years on a case-by-case basis with majority approval by the Board of County Commissioners. Such fees shall be acceler- ated 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 noncounty party. (4) The deferred impact fees shall be a lien on the property. The lien may be foreclosed upon in the event of noncompliance with the requirements of the agreement. The agreement described herein shall oper- ate as a lien against the dwelling unit. The lien shall terminate upon the record- ing of a release or satisfaction of lien in the public records of the county. Such release shall be recorded upon payment in full or completion of the terms. Neither the deferred impact fees nor the agree- ment providing for the deferral of impact fees shall be transferred, assigned, credited or otherwise conveyed from the dwelling unit. The deferrals of impact fees and the agreement thereto shall run with the land. (5) Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documenta- tion evidencing same, including, but not limited to, a release of lien. (6) In the event the owner is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may at its sole option collect the impact fee amounts in default as set forth by article V, section 74-501, or bring a civil action to enforce the agreement or declare that the deferred impact fees are then in default and immediately due and pay- able. 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. (7) The agreement shall be binding upon the owner's successors and assigns. (8) The agreement shall be recorded in the official records of the county at no cost to the county. (h) Ceiling on deferrals. (1) The aggregate amount of impact fee owner occupied deferrals granted pursuant to subsection (b) of this section shall be limited, in total, to an amount not exceed- ing three percent of the previous years' total impact fee collections, not including water and wastewater impact fees with no roll over in funding. (2) Deferrals shall be available on a first- come, first-served basis. If the requests for deferrals exceed the number of defer- rals available, the county manager may allocate deferrals based on the extent to which the deferrals implement the comprehensive plan, or other criteria based on policies and procedures that may be adopted by the board of county commissioners. (3) The county manager shall maintain a tracking system to ensure that the aggregate amount of impact fee deferrals do not exceed the deferral ceilings established in this subsection. (4) The aggregate amount of impact fee rental deferrals granted pursuant to subsection (c) of this section shall be limited, in total, to 225 units per fiscal year with no rollover of units. The 225-unit limit may § 74-401IMPACT FEE REGULATIONS CD74:51Supp. No. 118 be exceeded on a case-by-case basis with majority approval by the Board of County Commissioners. (i) Amendments. Any changes or amendments to this article or the minimum funding require- ments adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. (j) Eligible dwelling unit categories. Agree- ments for the deferral of impact fees for afford- able 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 condominium, townhouse or duplex structure, or (3) Rental (leased) multifamily dwelling units. (4) Rental modular homes that meet, as a minimum, the then current standards of F.S. ch. 553, for homeownership or rental, and that bear the department of com- munity affairs insignia seal certifying that the structure is in compliance with the Florida Manufactured Buildings Act of 1979, as amended or superseded. (5) Rental mobile homes that are constructed to then applicable standards promulgated by the United States Department of Hous- ing and Urban Development (HUD) and that bear a two inch by four inch metal, rectangular red and silver certification label on each section of the home certify- ing that the home has been inspected in accordance with HUD requirements, and that have been constructed in conformance with federal manufactured home construc- tion and safety standards in effect on the date of manufacture. (k) Apartment complexes/multifamily dwell- ing units. 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 rental multifamily dwelling units serving extremely low, very low, low, and/or moderate- income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multifamily dwell- ing units serving extremely low, very low, low and/or moderate-income levels if: (i) all such deferred impact fees are paid on or before the end of ten years 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 30 years from initial occupancy. Payment of deferred impact fees for qualifying rental multifamily units may be extended beyond 10 years on a case-by-case basis with majority approval by the Board of County Commissioners. (l) Subordination. Impact fee deferrals for all owner-occupied dwelling units, will automati- cally be subordinate to the owner's first mortgage and/or any government funded affordable hous- ing loan such as SAIL or HOME loan. Impact fee deferrals may also be similarly subordinated in the case of rental dwelling units, but only if the owner provides additional cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. (m) Timing of payment. Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of a certificate of occupancy or certificate of completion for the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, the applicant shall first enter into an approved deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal description and number assigned by Collier County to the development order; § 74-401 COLLIER COUNTY CODE CD74:52Supp. No. 118 (2) Name of applicant and owner, if differ- ent; (3) Number of dwelling units; (4) Statement of intent that the subject dwell- ing unit sales price will meet the afford- ability guidelines of the Florida Housing Finance Corporation for Collier County. (n) Certificate of occupancy requirements on filing of affidavit. Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. (o) Violations. Failure to adhere to the require- ments set forth by this section may result in the impact fees becoming immediately due and pay- able and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74-501, includ- ing payment of delinquency fees and interest. (p) Transitional provisions. The following provi- sions apply to any impact fee deferrals or reimbursements that were granted prior to August 1, 2005: (1) Any deferral agreement that was executed prior to August 1, 2005, shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral agreement was executed. (2) If reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housing Initiatives Partnership (SHIP) Program funds, pay- ment will be made to the county afford- able housing trust fund. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 02-34, § 2, 6-25-02; Ord. No. 02-58, § 1, 11-5-02; Ord. No. 03-25, §§ 2, 3, 5-27-03; Ord. No. 2005-40, § 4; Ord. No. 2006-40, § 4; Ord. No. 07-84, § 1; Ord. No. 2014-04, § 6; Ord. No. 2016-18, § 2; Ord. No. 2016-30, § 1; Ord. No. 2018-28, § 1) Sec. 74-402. Affordable housing defini- tions. The following sets forth the applicable defini- tions for affordable housing dwelling units: (a) Extremely low income households means households whose incomes do not exceed 30 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (b) Very low income households means households whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (c) Low income households means households whose incomes are more than 50 percent but do not exceed 80 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (d) Moderate income households means whose incomes are more than 80 percent but do not exceed 120 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 02-34, § 3, 6-25-02; Ord. No. 2005-40, § 4; Ord. No. 2018- 28, § 2) Secs. 74-403—74-500. Reserved. § 74-500IMPACT FEE REGULATIONS CD74:52.1Supp. No. 118 ARTICLE V. MISCELLANEOUS PROVISIONS Sec. 74-501. Collection of impact fees in default. Whenever the county determines that an impact fee was not paid for a building permit for the affected development, the county shall proceed to collect the impact fee as follows: (1) 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 applicant 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: a. 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; b. 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; c. That in the event the impact fee and the delinquency fee are paid in full within 30 days after receipt of the "notice," all interest that would have otherwise accrued will be waived; d. That in the event the impact fee is not paid in full within 30 days 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 amounts then due after approval by the board. (2) Upon becoming delinquent, a delinquency fee equal to ten percent 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 subsections 74-501(1)c. or d., above. (3) Should the impact fee not be paid promptly as set forth in subsection 74-501(2), 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. (4) 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 30 days after § 74-501 COLLIER COUNTY CODE CD74:52.2Supp. No. 118 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 incor- rect. (5) If the total impact fees have not been received by the county within 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 the 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. (6) After the expiration of 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 with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. ch. 173, as then amended, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. (7) 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. (8) 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 uni- fied whole of the respective development, the county is authorized to withhold every then unissued development order(s) applied for by, or on behalf of, the landowner or the developer, and in addi- tion apply any and all of the civil penal- ties and remedies set forth in the enforcement division of the 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 the County's "Adequate Public Facilities Ordinance" and/or as then defined in F.S. § 163.3614, (as may then be renumbered). In this context, phases in phased develop- ments shall be disregarded. (9) The collection and enforcement procedures set forth in this section shall be cumula- tive with, supplemental to and in addi- tion 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 regula- tions of the county or any applicable law or administrative regulation of the State of Florida. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2014-04, § 7) Sec. 74-502. Update requirement. (a) This chapter and the impact fee studies shall be reviewed by the board initially in con- nection with its approval of the capital improve- ments element of its comprehensive plan as then, and to the extent, required by F.S. § 163.3177. This chapter and the impact fee § 74-502IMPACT FEE REGULATIONS CD74:52.3Supp. No. 118 studies should be reviewed at least every three 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 assump- tions, 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 find- ings 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 find- ings 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 improve- ments element to determine the availability and adequacy of revenue sources to construct improve- ments and additions to the public facilities determined in the impact fee study to be required to accommodate existing development. (Ord. No. 01-13, § 1, 3-13-01) Sec. 74-503. Incorporation of administra- tive procedures manual. The currently existing administrative procedures manual(s) for the public 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. (Ord. No. 01-13, § 1, 3-13-01) Sec. 74-504. 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 F.S. § 120.52, 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: F.S. ch. 120. This declaration of intent and exclusion shall apply to all proceed- ings 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. (Ord. No. 01-13, § 1, 3-13-01) § 74-502 COLLIER COUNTY CODE CD74:52.4Supp. No. 118 IMPACT FEE REGULATIONS Ch. 74,App. A APPENDIX A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 1 -Effective November 13,2019 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $805.19 Per Dwelling Unit Condo/Townhouse(1-2 Stories) $4,844.91 Per Dwelling Unit High-Rise Condominium(3+Stories) $3,510.36 Per Dwelling Unit Mobile Home $3,146.48 Per Dwelling Unit Multi-Family(Apartments) 1-10 Stories $5,541.89 Per Dwelling Unit Multi-Family(Apartments)>10 Stories $3,531.57 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $2,787.92 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $7,443.99 Per Dwelling Unit 4,000 sq. ft. or larger $8,958.89 Per Dwelling Unit Non-Residential Auto Sales-Luxury $10,946.92 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings: Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $9,988.97 Per 1,000 sq. ft. Car Wash-Automatic $33,397.71 Per 1,000 sq. ft. Car Wash-Self-Service $10,395.28 Per Service Bay Church $286.00 Per Seat College/University(Private) <7,501 Students _$1,748.28 Per Student >7,500 Students $1,311.21 Per Student Convenience Store(24 hours) $69,707.46 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $8,203.56 Per 1,000 sq. ft. Day Care $1,025.84 Per Student Furniture Store $2,706.23 Per 1,000 sq. ft. Gasoline/Service Station $5,432.62 Per Fuel Position General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $7,483.24 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,900.37 Per Room Manufacturing $3,122.08 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $8.49 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $33,271.47 Per Screen Supp. No. 86 CD74:53 Ch. 74,App. A COLLIER COUNTY CODE Im•a i.1 ><zT:M 11144;;104 Nursing Home $1,031.15 Per Bed Office 6,000 sq. ft. or less $8,605.00 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $7,344.27 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $6,665.33 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $28,313.05 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $19,443.28 Per 1,000 sq. ft. Pharmacy/Drug Store $10,165.07 Per 1,000 sq. ft. Quick Lube $10,696.56 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $96,567.14 Per 1,000 sq. ft. Restaurant-High Turnover $1,757.83 Per Seat Restaurant-Low Turnover $1,129.81 Per Seat Retail 6,000 sq. ft. or less $5,696.77 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $13,743.32 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $12,989.06 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $12,802.35 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $13,351.87 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $13,597.99 Per 1,000 sq. ft. RV Park $1,226.34 Per Site School-Elementary(Private) $728.80 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $19,163.21 Per 1,000 sq. ft. Tire Store $8,178.10 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 01-13, § 1, 3-13-01;Ord. No. 01-63, §3, 11-13-01;Ord. No. 2006-19,App. A;Ord. No. 07-57, App. A;Ord. No. 2009-09,App. A;Ord. No. 2009-17, § 2;Ord. No. 2009-71, §4;Ord. No. 2010-38, § 2; Ord. No. 2011-05, § 1;Ord. No. 2011-19, §4;Ord. No. 2011-44,§ 1;Ord. No. 2015-17,App. A;Ord. No. 2019-48, § 4(Att.)) LSupp. No. 86 CD74:54 IMPACT FEE REGULATIONS Ch. 74,App. A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 2 -Effective March 30,2020 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $831.86 Per Bed Condo/Townhouse(1-2 Stories) $5,539.59 Per Dwelling Unit High-Rise Condominium(3+Stories) $4,059.36 Per Dwelling Unit Mobile Home $3,288.22 Per Dwelling Unit Multi-Family Housing(Low-Rise 1-2 Floors) $6,006.56 Per Dwelling Unit Multi-Family Housing(Mid-Rise,3-10 Floors) $5,174.00 Per Dwelling Unit Multi-Family Housing(High-Rise>10 Floors) $3,762.05 Per Dwelling Unit Mid-Rise Residential w/lst Floor Commercial $3,265.00 Per Dwelling Unit High-Rise Residential w/lst Floor Commercial $1,903.00 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $3,037.10 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $7,657.17 Per Dwelling Unit 4,000 sq. ft. or larger $9,257.57 Per Dwelling Unit 'Non-Residential Auto Sales-Luxury $11,419.84 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings:Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $10,421.94 Per 1,000 sq. ft. Car Wash-Automatic $35,016.46 Per 1,000 sq. ft. Car Wash-Self-Service $10,874.68 Per Service Bay Church $286.00 Per Seat College/University(Private) <7,501 Students $1,822.44 Per Student >7,500 Students $1,367.90 Per Student Convenience Store(24 hours) $73,820.10 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $8,573.64 Per 1,000 sq. ft. Day Care $1,049.32 Per Student Furniture Store $3,025.59 Per 1,000 sq. ft. General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $7,823.39 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,924.67 Per Room Manufacturing $3,289.37 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $10.31 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $35,784.59 Per Screen Nursing Home $1,111.95 Per Bed �,/ Supp. No. 86 CD74:55 Ch. 74,App. A COLLIER COUNTY CODE Im•act F Y3 :ilcgvj.•` Office 6,000 sq. ft. or less $8,605.00 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $7,760.31 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $7,305.42 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $29,346.27 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $20,272.15 Per 1,000 sq. ft. Pharmacy/Drug Store $10,974.54 Per 1,000 sq. ft. Quick Lube $11,192.04 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $99,109.75 Per 1,000 sq. ft. Restaurant-High Turnover $1,776.37 Per Seat Restaurant-Low Turnover $1,140.76 Per Seat Restaurant-Fast Casual $68,107.00 Per 1,000 sq. ft. Restaurant-Fast-Food w/Drive-Thru(2 meals) $95,762.00 Per 1,000 sq. ft. Retail 6,000 sq. ft. or less $5,710.05 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $13,753.45 Retail 200,001-400,000 sq. ft. $13,248.09 Retail 400,001-600,000 sq. ft. $13,122.99 Retail 600,001-1,000,000 sq. ft. $13,491.17 Retail>1,000,000 sq. ft. $13,656.07 RV Park $1,278.04 Per Site School-Elementary(Private) $757.25 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $20,287.12 Per 1,000 sq. ft. Tire Store $8,554.27 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 2015-17, App. A; Ord. No. 2017-14, § 1; Ord. No. 2019-48, § 4(Att.)) Supp. No. 86 CD74:56 IMPACT FEE REGULATIONS Ch. 74,App. A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 3 -Effective March 30,2021 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $858.52 Per Bed Condo/Townhouse(1-2 Stories) $6,234.27 Per Dwelling Unit High-Rise Condominium(3+Stories) $4,608.36 Per Dwelling Unit Mobile Home $3,429.96 Per Dwelling Unit Multi-Family Housing(Low-Rise, 1-2 Floors) $6,471.24 Per Dwelling Unit Multi-Family Housing(Mid-Rise,3-10 floors) $5,174.00 Per Dwelling Unit Multi-Family Housing(High-Rise,>10 Stories) $3,992.53 Per Dwelling Unit Mid-Rise Residential w/lst Floor Commercial $3,265.00 Per Dwelling Unit High-Rise Residential w/lst Floor Commercial $1,903.00 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $3,286.27 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $7,870.36 Per Dwelling Unit 4,000 sq. ft. or larger $9,556.26 Per Dwelling Unit Non-Residential Auto Sales-Luxury $11,892.75 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings:Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $10,854.91 Per 1,000 sq. ft. Car Wash-Automatic $36,635.20 Per 1,000 sq. ft. ` Car Wash-Self-Service $11,354.07 Per Service Bay �/ Church $286.00 Per Seat College/University(Private) <7,501 Students $1,896.60 Per Student >7,500 Students $1,424.59 Per Student Convenience Store(24 hours) $77,932.74 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $8,943.71 Per 1,000 sq. ft. Day Care $1,072.81 Per Student Furniture Store $3,344.96 Per 1,000 sq. ft. General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $8,163.54 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,948.96 Per Room Manufacturing $3,456.65 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $12.13 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $38,297.72 Per Screen Nursing Home $1,192.75 Per Bed lar/ Supp. No. 86 CD74:57 Ch. 74,App. A COLLIER COUNTY CODE Im.act Fee Land Use Cate o `. Office 6,000 sq. ft. or less $8,605.00 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $8,176.35 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $7,945.51 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $30,379.48 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $21,101.01 Per 1,000 sq. ft. Pharmacy/Drug Store $11,784.01 Per 1,000 sq. ft. Quick Lube $11,687.51 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $101,652.35 Per 1,000 sq. ft. Restaurant-High Turnover $1,794.90 Per Seat Restaurant-Low Turnover $1,151.71 Per Seat Restaurant-Fast Casual $68,107.00 Per 1,000 sq. ft. Restaurant-Fast-Food w/Drive-Thru(2 meals) $95,762.00 Per 1,000 sq. ft. Retail 6,000 sq. ft. or less $5,723.32 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $13,763.57 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $13,507.12 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $13,443.64 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $13,630.48 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $13,714.16 Per 1,000 sq. ft. RV Park $1,329.74 Per Site Li School-Elementary(Private) $785.69 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $21,411.03 Per 1,000 sq. ft. Tire Store $8,930.43 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 2019-48, § 4(Att.)) Supp. No. 86 CD74:58 IMPACT FEE REGULATIONS Ch. 74,App. A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 4-Effective March 30,2022 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $886.00 Per Bed Mobile Home $3,576.00 Per Dwelling Unit Multi-Family Housing(Low-Rise, 1-2 floors) $6,950.00 Per Dwelling Unit Multi-Family Housing(Mid-Rise,3-10 floors) $5,174.00 Per Dwelling Unit Multi-Family Housing(High-Rise,>10 floors) $4,230.00 Per Dwelling Unit Mid-Rise Residential w/lst Floor Commercial $3,265.00 Per Dwelling Unit High-Rise Residential w/lst Floor Commercial $1,903.00 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $3,543.00 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $8,090.00 Per Dwelling Unit 4,000 sq. ft. or larger $9,864.00 Per Dwelling Unit Non-Residential Auto Sales -Luxury $12,380.00 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings:Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $11,301.00 Per 1,000 sq. ft. Car Wash-Automatic $38,303.00 Per 1,000 sq. ft. Car Wash-Self-Service $11,848.00 Per Service Bay Church $286.00 Per Seat College/University(Private) <7,501 Students $1,973.00 Per Student >7,500 Students $1,483.00 Per Student Convenience Store(24 hours) $82,170.00 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $9,325.00 Per 1,000 sq. ft. Day Care $1,097.00 Per Student Furniture Store $3,674.00 Per 1,000 sq. ft. General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $8,514.00 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,974.00 Per Room Manufacturing $3,629.00 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $14.00 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $40,887.00 Per Screen Nursing Home $1,276.00 Per Bed Office-General $8,605.00 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $31,444.00 Per 1,000 sq. ft. `/ Supp. No. 86 CD74:58.1 Ch. 74,App. A COLLIER COUNTY CODE Ito'act Fee Land Use Cate!o Office-Medical 10,000 sq. ft. or less $21,955.00 Per 1,000 sq. ft. Pharmacy/Drug Store $12,618.00 Per 1,000 sq. ft. Quick Lube $12,198.00 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $104,272.00 Per 1,000 sq. ft. Restaurant-High Turnover $1,814.00 Per Seat Restaurant-Low Turnover $1,163.00 Per Seat Restaurant-Fast Casual $68,107.00 Per 1,000 sq. ft. Restaurant-Fast-Food w/Drive-Thru(2 meals) $95,762.00 Per 1,000 sq. ft. Retail 6,000 sq. ft. or less $5,737.00 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail>_25,000 sq. ft. $13,774.00 Per 1,000 sq. ft. RV Park $1,383.00 Per Site School-Elementary(Private) $815.00 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $22,569.00 Per 1,000 sq. ft. Tire Store $9,318.00 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 2019-48, § 4(Att.)) fir" 1/4„,„,/Supp. No. 86 CD74:58.2 SCHEDULE TWO: PHASE 1 WATER AND WASTEWATER IMPACT FEE RATE SCHEDULE Effective December 1, 2024 ERC = Equivalent Residential Connection ADF = Average Daily Flow RESIDENTIAL - INDIVIDUALLY METERED Living Space (Sq. Ft.) ERC Factor Basis of Fee Water Impact Fee Wastewater Impact Fee Meter Size 0 to 4,999 (And No More Than 4 Toilets) 1 Per ERC (fixed at 1 ERC) $4,411 $4,081 3/4" 5,000 Or More (Or More Than 4 Toilets) Varies (minimum value of 1) Per ERC (based on ADF Formula) ERC value × $4,411 (minimum value $4,411) $4,081 Varies (Reference Meter Size Note) Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. ERC with ADF Formula When ADF is in Gallons Per Minute (GPM) then use the formula [(ADF-30)/30]+1 MULTI-FAMILY - MASTER METERED Living Space (Sq. Ft.) Basis of Fee ERC Factor Water Impact Fee Wastewater Impact Fee 0 to 750 Per Unit 0.33 $1,456 $1,346 751 to 1,500 Per Unit 0.67 $2,955 $2,734 1,501 or More Per Unit 1.0 $4,411 $4,081 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. NON-RESIDENTIAL Type Basis of Fee All Non-Residential Impact fees are determined by meter size. Water and/or wastewater impact fees for alterations, expansions or replacements are imposed only if the meter size is increased as a result of the alteration, expansion, or replacement. Meter Size ERC Factor (1) Water Impact Fee Wastewater Impact Fee 3/4 inch 1.00 $4,411 $4,081 1 inch 1.67 $7,366 $6,814 1-1/2 inch 3.33 $14,690 $13,588 2 inch 5.33 $23,512 $21,749 3 inch 15.00 $66,170 $61,210 4 inch 33.33 $147,030 $136,008 6 inch 66.67 $294,103 $272,058 8 inch 116.67 $514,669 $476,091 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. App. AIMPACT FEE REGULATIONS CD74:58.3Supp. No. 118 ERC Factors by Meter Size for Non-Residential Customers Meter Size Rated Capacity (gallons per minute) ERC Factor [2] 3/4"30 1.00 1"50 1.67 1-1/2"100 3.33 2"160 5.33 3"450 15.00 4"1,000 33.33 6"2,000 66.67 8"3,500 116.67 [1] Based on the rated capacities per technical specifications of meters used by the county. [2] Reflects rated hydraulic capacity of meter divided by 30 gal- lons per minute based on the rated capacity of smallest meter size. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2006-26, App. A, § 6; Ord. No. 07-57, App. A; Ord. No. 2015-17, App. A; Ord. No. 2017-13, § 2; Ord. No. 2019-48, § 4(Att.); Ord. No. 2024-30, § 12) SCHEDULE TWO: PHASE 2 WATER AND WASTEWATER IMPACT FEE RATE SCHEDULE Effective December 1, 2025 ERC = Equivalent Residential Connection ADF = Average Daily Flow RESIDENTIAL - INDIVIDUALLY METERED Living Space (Sq. Ft.) ERC Factor Basis of Fee Water Impact Fee Wastewater Impact Fee Meter Size 0 to 4,999 (And No More Than 4 Toilets) 1 Per ERC (fixed at 1 ERC) $5,441 $4,847 3/4" 5,000 Or More (Or More Than 4 Toilets) Varies (minimum value of 1) Per ERC (based on ADF Formula) ERC value × $5,441 (minimum value $5,441) $4,847 Varies (Reference Meter Size Note) Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. ERC with ADF Formula When ADF is in Gallons Per Minute (GPM) then use the formula [(ADF-30)/30]+1 MULTI-FAMILY - MASTER METERED Living Space (Sq. Ft.) Basis of Fee ERC Factor Water Impact Fee Wastewater Impact Fee 0 to 750 Per Unit 0.33 $1,795 $1,599 751 to 1,500 Per Unit 0.67 $3,644 $3,247 1,501 or More Per Unit 1.0 $5,441 $4,847 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. App. A COLLIER COUNTY CODE CD74:58.4Supp. No. 118 NON-RESIDENTIAL Type Basis of Fee All Non-Residential Impact fees are determined by meter size. Water and/or wastewater impact fees for alterations, expansions or replacements are imposed only if the meter size is increased as a result of the alteration, expansion, or replacement. Meter Size ERC Factor (1) Water Impact Fee Wastewater Impact Fee 3/4 inch 1.00 $5,441 $4,847 1 inch 1.67 $9,085 $8,095 1-1/2 inch 3.33 $18,117 $16,141 2 inch 5.33 $28,999 $25,836 3 inch 15.00 $81,610 $72,710 4 inch 33.33 $181,337 $161,561 6 inch 66.67 $362,728 $323,171 8 inch 116.67 $634,762 $565,538 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. ERC Factors by Meter Size for Non-Residential Customers Meter Size Rated Capacity (gallons per minute) ERC Factor [2] 3/4"30 1.00 1"50 1.67 1-1/2"100 3.33 2"160 5.33 3"450 15.00 4"1,000 33.33 6"2,000 66.67 8"3,500 116.67 [1] Based on the rated capacities per technical specifications of meters used by the county. [2] Reflects rated hydraulic capacity of meter divided by 30 gal- lons per minute based on the rated capacity of smallest meter size. (Ord. No. 2024-30, § 12) SCHEDULE TWO: PHASE 3 WATER AND WASTEWATER IMPACT FEE RATE SCHEDULE Effective December 1, 2026 ERC = Equivalent Residential Connection ADF = Average Daily Flow RESIDENTIAL - INDIVIDUALLY METERED Living Space (Sq. Ft.) ERC Factor Basis of Fee Water Impact Fee Wastewater Impact Fee Meter Size 0 to 4,999 (And No More Than 4 Toilets) 1 Per ERC (fixed at 1 ERC) $6,470 $5,614 3/4" 5,000 Or More (Or More Than 4 Toilets) Varies (minimum value of 1) Per ERC (based on ADF Formula) ERC value × $6,470 (minimum value $6,470) $5,614 Varies (Reference Meter Size Note) Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. ERC with ADF Formula When ADF is in Gallons Per Minute (GPM) then use the formula [(ADF-30)/30]+1 App. AIMPACT FEE REGULATIONS CD74:58.5Supp. No. 118 MULTI-FAMILY - MASTER METERED Living Space (Sq. Ft.) Basis of Fee ERC Factor Water Impact Fee Wastewater Impact Fee 0 to 750 Per Unit 0.33 $2,135 $1,852 751 to 1,500 Per Unit 0.67 $4,334 $3,761 1,501 or More Per Unit 1.0 $6,470 $5,614 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. NON-RESIDENTIAL Type Basis of Fee All Non-Residential Impact fees are determined by meter size. Water and/or wastewater impact fees for alterations, expansions or replacements are imposed only if the meter size is increased as a result of the alteration, expansion, or replacement. Meter Size ERC Factor (1) Water Impact Fee Wastewater Impact Fee 3/4 inch 1.00 $6,470 $5,614 1 inch 1.67 $10,804 $9,375 1-1/2 inch 3.33 $21,545 $18,694 2 inch 5.33 $34,485 $29,922 3 inch 15.00 $97,050 $84,210 4 inch 33.33 $215,645 $187,114 6 inch 66.67 $431,354 $374,285 8 inch 116.67 $754,854 $654,985 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. ERC Factors by Meter Size for Non-Residential Customers Meter Size Rated Capacity (gallons per minute) ERC Factor [2] 3/4"30 1.00 1"50 1.67 1-1/2"100 3.33 2"160 5.33 3"450 15.00 4"1,000 33.33 6"2,000 66.67 8"3,500 116.67 [1] Based on the rated capacities per technical specifications of meters used by the county. [2] Reflects rated hydraulic capacity of meter divided by 30 gal- lons per minute based on the rated capacity of smallest meter size. (Ord. No. 2024-30, § 12) App. A COLLIER COUNTY CODE CD74:58.6Supp. No. 118 IMPACT FEE REGULATIONS App. A SCHEDULE THREE: PARKS AND RECREATION IMPACT FEE RATE SCHEDULE Community Parks - Effective July 24, 2017 Impact Fee Land Use Category Rate Mobile Home/RV Park (Tied Down) $716.28 Per Unit/Site Multi-Family $455.20 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $933.83 Per Dwelling Unit 4,000 sq. ft. or larger $1,067.72 Per Dwelling Unit Regional Parks - Effective July 24, 2017 Impact Fee Land Use Category Rate Mobile Home/RV Park(Tied Down) $2,145.29 Per Unit/Site Multi-Family $1,230.24 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $2,694.32 Per Dwelling Unit 4,000 sq. ft. or larger $3,080.67 Per Dwelling Unit (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 2006-10,App. A;Ord. No. 07-57,App. A;Ord. No. 2009-17, §2; Ord. No. 2009-57, § 2; Ord. No. 2010-38, § 2; Ord. No. 2011-44, § 1; Ord. No. 2015-59, § 2; Ord. No. 2017-14, § 1) La./ Supp. No. 72 CD74:59 App. A COLLIER COUNTY CODE SCHEDULE FOUR: CORRECTIONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULE Phase 1 -Effective February 17,2015 Impact Fee Land Use Category Rate Residential Assi,ted Living Facility $209.03 Per Dwelling Unit Condo/Townhouse(1-2 Stories) $245.32 Per Dwelling Unit High-Rise Condomimium(3+Stories) $245.32 Per Dwelling Unit Mobile Home/RV tie-down $372.18 Per Dwelling Unit/Site Multi-Family $216.61 Per Dwelling Unit Multi-Family-More than 10 Stories $216.61 Per Dwelling Unit Single-Family Less than 1,500 sq. ft. $443.23 Per Dwelling Unit 1,500 to 2,499 sq. ft. $488.30 Per Dwelling Unit 2,500 sq. ft. or larger $535.89 Per Dwelling Unit Non-Residential Auto Sales(Luxury) $268.81 Per 1,000 sq. ft. Auto Sales(New/Used) $383.64 Per 1,000 sq. ft. Bank/Savings:Drive-In $595.03 Per 1,000 sq. ft. Bank/Savings:Walk-In $581.99 Per 1,000 sq. ft. Business Park $250.54 Per 1,000 sq. ft. Car Wash-Self-Service $155.50 Per Service Bay Car Wash-Automated $410.42 Per 1,000 sq. ft. Church $145.30 Per 1,000 sq. ft. College/University(Private) <7,501 $25.49 Per Student >7,500 $17.84 Per Student Convenience Store(24 hours) $1,394.43 Per 1,000 sq. ft. Convenience Store w/Gas Pumps 4 or less Fuel Positions $1,135.26 Per Fuel Position 5-6 Fuel Positions $965.63 Per Fuel Position 7-8 Fuel Positions $858.62 Per Fuel Position 9- 10 Fuel Positions $767.28 Per Fuel Position 11- 12 Fuel Positions $717.70 Per Fuel Position _ 13 or more Fuel Positions $675.94 Per Fuel Position Dance Studio/Gyms $579.38 Per 1,000 sq. ft. Day Care $12.75 Per Student Furniture Store $61.17 Per 1,000 sq. ft. Gasoline/Service Station $498.47 Per Fuel Position Golf Course $4,955.70 Per 18 Holes Golf Course-Bundled $1,521.51 Per 18 Holes Home Improvement Store $453.76 Per 1,000 sq. ft. Hospital $357.54 Per 1,000 sq. ft. Hotel $201.39 Per Room Industrial-General Light $175.90 Per 1,000 sq. ft. Manufacturing $130.49 Per 1,000 sq. ft. Marina $48.43 Per Berth Mini-Warehouse $15.66 Per 1,000 sq. ft. Motel $191.19 Per Room Movie Theater $1,524.44 Per Screen Nursing Home $183.54 Per Bed _ Office 6,000 sq. ft. or less $260.98 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $310.57 Per 1,000 sq. ft. Supp. No. 72 CD74:60 ` IMPACT FEE REGULATIONS App. A Impact Pee Land Use Category V " Rate Office 100,001-200,000 sq. ft. $263.59 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $221.83 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $200.95 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $433.23 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $297.52 Per 1,000 sq. ft. Pharmacy/Drug Store $492.00 Per 1,000 sq. ft. Quick Lube $295.71 Per Service Bay RV Park $130.49 Per Site Restaurant-Fast-Food w/Drive-In $2,296.85 Per 1,000 sq. ft. Restaurant-High Turnover $68.82 Per Seat Restaurant-Low Turnover $56.08 Per Seat Retail 50,000 sq. ft. or Less $624.55 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $642.01 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $587.21 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $717.70 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $610.69 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $636.79 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $631.57 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $545.45 Per 1,000 sq. ft. Retail-Specialty $430.82 Per 1,000 sq. ft. School-Elementary(Private) $15.29 Per Student School- Middle(Private) $17.84 Per Student School-High School(Private) $20.39 Per Student Supermarket $522.59 Per 1,000 sq. ft. Tire Store $341.59 Per Service Bay Warehouse $73.07 Per 1,000 sq. ft. (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 2005-47,§4;Ord. No. 07-57,App. A;Ord. No. 2008-01,§ 1;Ord. No. 2009-17,§2;Ord. No. 2009-24,§2;Ord. No. 2009-38, § 1;Ord. No. 2011-44,§ 1;Ord. No. 2015-17, App. A) Supp. No. 72 CD74:61 App• A COLLIER COUNTY CODE SCH.EDU.LE FOUR: CORRECTIONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULE Effective July 24,2017 Impact Fee Land Use Category Rate' Residential Assisted Living Facility $23L67 Per Dwelling Unit Condo/Townhouse(1-2 Stories) $259.25 Per Dwelling Unit High-Rise Condominium(3+Stories) $259.25 Per Dwelling Unit Mobile Home $397.15 Per Dwelling Unit/Site Multi-Family $228.91 Per Dwelling Unit Multi-Family-More than 10 Stories $228.91 Per Dwelling Unit Retirement Community $215.12 Per Dwelling Unit Single-Family Less than 4,000 sq. ft. $499.19 Per Dwelling Unit 4,000 sq. ft. or larger $570.90 Per Dwelling Unit Non-Residential Auto Sales(Luxury) $284.07 Per 1,000 sq. ft. Auto Sales(New/Used) $405.42 Per 1,000 sq. ft. Bank/Savings:Drive-In $628.82 Per 1,000 sq. ft. Bank/Savings:Walk-In $615.04 Per 1,000 sq. ft. Business Park $264.77 Per 1,000 sq. ft. Car Wash-Self-Service $239.94 Per Service Bay Car Wash-Automated $485.40 Per 1,000 sq. ft. Church $8.27 Per seat College/University(Private) <7,501 $27.58 Per Student j >7,500 $19.31 Per Student v Convenience Store(24 hours) $1,508.62 Per 1,000 sq. ft. Convenience Store w/Gas Pumps 4 or less Fuel Positions $1,199.72 Per Fuel Position 5-6 Fuel Positions $1,020.46 Per Fuel Position 7-8 Fuel Positions $907.37 Per Fuel Position 9- 10 Fuel Positions $810.85 Per Fuel Position 11- 12 Fuel Positions $758.45 Per Fuel Position 13 or more Fuel Positions $714.32 Per Fuel Position Dance Studio/Gyms $612.28 Per 1,000 sq. ft. Day Care $13.79 Per Student Furniture Store $66.20 Per 1,000 sq. ft. Gasoline/Service Station $526.77 Per Fuel Position Golf Course $5,361.52 Per 18 Holes Golf Course-Bundled $1,607.90 Per 18 Holes Home Improvement Store $499.19 Per 1,000 sq. ft. _ Hospital $377.84 Per 1,000 sq. ft. Hotel $220.63 Per Room Industrial-General Light $190.30 Per 1,000 sq. ft. Manufacturing $137.90 Per 1,000 sq. ft. Marina $52.41 Per Berth Mini-Warehouse $16.55 Per 1,000 sq. ft. Motel $209.60 Per Room Movie Theater $1,649.27 Per Screen Nursing Home $248.22 Per Bed Office 6,000 sq. ft. or less $275.80 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $328.20 Per 1,000 sq. ft. Supp. No. 72 CD74:62 IMPACT FEE REGULATIONS App. A Impact Fee Land Use Category � � r Office 100,001-200,000 sq. ft. $278.56 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $234.43 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $212.36 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $457.83 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $314.41 Per 1,000 sq. ft. Pharmacy/Drug Store $540.56 Per 1,000 sq. ft. Quick Lube $319.93 Per Service Bay RV Park $137.90 Per Site Restaurant-Fast-Food w/Drive-In $2,454.60 Per 1,000 sq. ft. Restaurant-High Turnover $74.46 Per seat Restaurant-Low Turnover $60.68 Per seat Retail 6,000 sq. ft. or less $675.71 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $675.71 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $675.71 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $678.46 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $620.55 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $758.45 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $645.36 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $672.95 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $667.43 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $576.42 Per 1,000 sq. ft. Retail-Specialty $466.10 Per 1,000 sq. ft. School-Elementary(Private) $16.55 Per Student School-Middle(Private) $19.31 Per Student School-High School(Private) $22.07 Per Student l Supermarket $565.39 Per 1,000 sq. ft. Y Tire Store $369.57 Per Service Bay Warehouse $77.22 Per 1,000 sq. ft. (Ord. No. 2015-17, App. A; Ord. No. 2016-01, § 2; Ord. No. 2016-18, § 1; Ord. No. 2017-14, § 1) SCHEDULE FIVE: FIRE IMPACT FEE RATE SCHEDULE Effective January 24,2011 Impact Fee Land Use Category Rate Isles of Capri Residential(4,000 sq. ft. max. per unit) $0.12 Per sq. ft. under roof Non-residential $0.90 Per sq. ft. under roof Ochopee Residential(4,000 sq. ft. max. per unit) $0.60 Per sq. ft. under roof Non-residential $0.68 Per sq. ft. under roof (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 2006-10,App. A;Ord. No. 07-57,App. A;Ord. No. 2009-17, §2; Ord. No. 2010-41, § 2) Supp. No. 72 CD74:63 App. A COLLIER COUNTY CODE SCHEDULE SIX: EDUCATIONAL FACILITIES (SCHOOL) IMPACT F.EE RATE SCHEDULE Phase 1 Effective February 8, 2016 Impact Fee Land Use Category Rate Mobile Home/RV Park $4,567.13 Per Unit/Site Multi-Family $2,033.33 Per Dwelling Unit Single-Family Detached House $6,424.33 Per Dwelling Unit (Ord. No. 01-13, § 1,3-13-01;Ord. No. 2006-21,App. A;Ord. No. 07-57,App. A;Ord. No. 2009-17, § 2; Ord. No. 2010-39, § 1; Ord. No. 2015-60, § 2) SCHEDULE SIX: EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE SCHEDULE Phase 2 Indexing Effective July 24,2017 Impact Fee Land Use Category Rate Mobile Home/RV Park(Tied Down) $5,975.87 Per Unit/Site Multi-Family $2,471.29 Per Dwelling Unit Single-Family Detached House $7,709.72 Per Dwelling Unit (Ord. No. 2015-60, § 2; Ord. No. 2017-14, § 1) SCHEDULE S.IX: EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE SCHEDULE Phase 3 Effective February 8,2018 Impact Fee Land Use Category Rate Mobile Home/RV Park(Tied Down) $7,238.45 Per Unit/Site Multi-Family $2,844.19 Per Dwelling Unit Single-Family Detached House $8,789.54 Per Dwelling Unit (Ord. No. 2015-60, § 2; Ord. No. 2017-14, § 1) Supp. No. 72 CD74:64 IMPACT FEE REGULATIONS App. A SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES (EMS) IMPACT FEE RATE SCHEDULE Effective July 24, 2017 Impact Fee Land Use Category Rate Residential Assisted Living Facility $79.27 Per Dwelling Unit Mobile Home $113.81 Per Dwelling Unit Multi-Family $67.50 Per Dwelling Unit Retirement Community $62.01 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $142.07 Per Dwelling Unit 4,000 sq. ft. or greater $159.33 Per Dwelling Unit Non-Residential Auto Sales-Luxury $80.84 Per 1,000 sq. ft. Auto Sales-New/Used $115.38 Per 1,000 sq. ft. Bank/Savings: Drive-In $178.96 Per 1,000 sq. ft. Bank/Savings:Walk-In $175.03 Per 1,000 sq. ft. Business Park $75.35 Per 1,000 sq. ft. Car Wash-Self-Service $68.29 Per Service Bay Car Wash-Automated $138.14 Per 1,000 sq. ft. Church $2.35 Per Seat College/University(Private) 7,500 students or less $7.85 Per Student More than 7,500 students $5.49 Per Student Convenience Store(24 hours) $429.34 Per 1,000 sq. ft. Convenience Store w/Gas Pumps 4 or less fuel positions $341,43 Per Fuel Position 5-6 fuel positions $290.41 Per Fuel Position 7-8 fuel positions $258.23 Per Fuel Position 9- 10 fuel positions $230.76 Per Fuel Position 11- 12 fuel positions $215.85 Per Fuel Position 13 or more fuel positions $203.29 Per Fuel Position Furniture Store $18.84 Per 1,000 sq. ft. Dance Studio/Gyms $174.25 Per 1,000 sq. ft. Day Care $3.92 Per Student Gasoline/Service Station $149.92 Per Fuel Position General Light Industrial $54.16 Per 1,000 sq. ft. Golf Course $1,525.85 Per 18 Holes Golf Course-Bundled $457.60 Per 18 Holes Home Improvement Store $142.07 Per 1,000 sq. ft. Hospital $107.53 Per 1,000 sq. ft. Hotel $63.58 Per Room Marina $14.91 Per Berth Manufacturing $39.25 Per 1,000 sq. ft. Mini-Warehouse $4.71 Per 1,000 sq. ft. Motel $59.65 Per Room Movie Theater $469.37 Per Screen Nursing Home $82.41 Per Bed Office 6,000 sq. ft. or less $78.49 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $93.40 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $79.27 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $66.72 Per 1,000 sq. ft. %re Supp. No. 72 CD74:64.1 App. A COLLIER COUNTY CODE Imact Fee Land Use Cate:a Office Greater than 400,000 sq. ft. $60.44 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $89.48 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $130.29 Per 1,000 sq. ft. Pharmacy/Drug Store $153.84 Per 1,000 sq. ft. Quick Lube $91.05 Per Service Bay Restaurant-Fast-Food w/Drive-In $698.56 Per 1,000 sq. ft. Restaurant-High Turnover $21.19 Per seat Restaurant-Low Turnover $17.27 Per seat Retail 6,000 sq. ft. or less $192.30 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $187.59 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $183.67 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $182.10 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $170.32 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $164.04 Per 1,000 sq. ft. Retail-Specialty $132.65 Per 1,000 sq. ft. RV Park $39.25 Per Site School-Elementary(Private) $4.71 Per Student School-Middle(Private) $5.49 Per Student School-High School(Private) $6.28 Per Student Supermarket $160.90 Per 1,000 sq. ft. Tire Store $105.18 Per Service Bay Warehouse $21.98 Per 1,000 sq. ft. (Ord. No. 01-13, § 1, 3-13-01;Ord. No. 01-63,§3, 11-13-01;Ord. No. 2006-09,App. A;Ord. No. 07-57, App. A; Ord. No. 2009-17, § 2; Ord. No. 2010-41, § 2; Ord. No. 2011-44, § 1; Ord. No. 2017-13, § 2) SCHEDULE EIGHT: LIBRARY IMPACT FEE RATE SCHEDULE Effective July 24, 2017 Impact Fee Land Use Category Rate Mobile HomefR.V Park(Tied Down) $270.11 Per Dwelling Unit Multi-Family $159.78 Per Dwelling Unit Retirement Community $145.83 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $336.05 Per Dwelling Unit 4,000 sq. ft. or greater $376.63 Per Dwelling Unit (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 04-21,§2;Ord. No. 2005-33,§2;Ord. No. 2006-18,App. A;Ord. No. 2009-17, § 2; Ord. No. 2010-46, § 2; Ord. No. 2011-44, § 1; Ord. No. 2017-13, § 2) Le/Supp. No. 72 CD74:64.2 IMPACT FEE REGULATIONS App. A SCHEDULE NINE: GOVERNMENT BUILDING IMPACT FEE SCHEDULE Effective July 24,2017 Impact Fee Land Use Category [Rate Residential Assisted Living Facility $525.81 Per Dwelling Unit Mobile Home - $748.50 Per Dwelling Unit Multi-Family $443.94 Per Dwelling Unit Retirement Community $407.81 Per Dwelling Unit Single-Family Detached Less than 4,000 sq. ft. $934.34 Per Dwelling Unit 4,000 sq. ft. or greater $1,047.91 Per Dwelling Unit Non-Residential Auto Sales-Luxury $536.22 Per 1,000 sq. ft. Auto Sales-New/Used $765.28 Per 1,000 sq. ft. Bank/Savings: Drive-In $1,186.97 Per 1,000 sq. ft. Bank/Savings:Walk-In $1,160.94 Per 1,000 sq. ft. Business Park $499.78 Per 1,000 sq. ft. Car Wash-Automated $916.26 Per 1,000 sq. ft. Car Wash-Self-Service $452.92 Per Service Bay Church $15.62 Per Seat College/University(Private) 7,500 students or less $52.06 Per Student More than 7,500 students $36.44 Per Student Convenience Store(24 hours) $2,847.68 Per 1,000 sq. ft. Convenience Store w/Gas Pumps Per Fuel Position 4 or less fuel positions $2,264.61 Per Fuel Position 5 6 fuel positions $1,926.22 Per Fuel Position 7-8 fuel positions $1,712.77 Per Fuel Position 9- 10 fuel positions $1,530.56 Per Fuel Position 11- 12 fuel positions $1,431.65 Per Fuel Position 13 or more fuel positions $1,348.35 Per Fuel Position Dance Studio/Gyms $1,155.73 Per 1,000 sq. ft. Day Care $26.03 Per Student Furniture Store $124.94 Per 1,000 sq. ft. Gasoline/Service Station $994.35 Per Fuel Position Golf Course $10,120.46 Per 18 Holes Golf Course Bundled $3,035.10 Per 18 Holes Home Improvement Store $942.29 Per 1,000 sq. ft. Hospital $713.22 Per 1,000 sq. ft. Hotel $421.69 Per Room Industrial-General Light $359.21 Per 1,000 sq. ft. Manufacturing $260.30 Per 1,000 sq. ft. Marina $98.91 Per Berth Mini-Warehouse $31.24 Per 1,000 sq. ft. Motel $395.66 Per Room Movie Theater $3,113.19 Per Screen Nursing Home $546.63 Per Bed _Office 6,000 sq. ft. or less $520.60 Per 1,000 sq. ft. _ Office 6,001-100,000 sq. ft. $619.51 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $525.81 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $442.51 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $400.86 Per 1,000 sq. ft. Supp. No. 72 CD74:64.3 L App. A COLLIER COUNTY CODE Impact Fee Laud Use Category Rate Office-Medical 10,000 sq. ft. or less $593.48 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $864.20 Per 1,000 sq. ft. Pharmacy/Drug Store $1,020.38 Per 1,000 sq. ft. Quick Lube $603.90 Per Service Bay Restaurant-Fast-Food w/Drive-In $4,633.34 Per 1,000 sq. ft. Restaurant-High Turnover $140.56 Per seat Restaurant-Low Turnover $114.53 Per seat Retail 6,000 sq. ft. or less $1,275.47 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $1,244.23 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $1,218.20 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $1,207.79 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $1,129.70 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $1,088.05 Per 1,000 sq. ft. _ Retail-Specialty $879.81 Per 1,000 sq. ft. __— RV Park $260.30 Per Site School-Elementary(Private) $31.24 Per Student School-Middle(Private) $36.44 Per Student School-High School(Private) $41.65 Per Student Supermarket $1,067.23 Per 1,000 sq. ft. Tire Store $697.60 Per Service Bay Warehouse $145.77 Per 1,000 sq. ft. L (Ord. No. 04-16,§3(Exh. B);Ord. No. 07-57,App. A;Ord. No. 2009-17,§2;Ord. No. 2010-46,§2;Ord. No. 2011-44, § 1; Ord. No. 2017-13, § 2) Supp. No. 72 CD74:64.4 IMPACT FEE REGULATIONS Ch. 74,App.A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE - PHASE I Effective December 20, 2010 Impact Fee Land Use Category Rate Residential Assisted Living Facilty $115.31 Per Dwelling Unit Mobile Home $191.75 Per Dwelling Unit/Site Multi-Family $145.11 Per Dwelling Unit Single-Family Less than 1,500 sq. ft. $247.47 Per Dwelling Unit 1,500 to 2,499 sq. ft. $269.50 Per Dwelling Unit 2,500 sq. ft. or larger $298.00 Per Dwelling Unit Non-Residential Auto Sales (Luxury) $143.81 Per 1,000 sq. ft. Auto Sales (New/Used) $221.56 Per 1,000 sq. ft. Bank/Savings; Drive-In $295.40 Per 1,000 sq. ft. Bank/Savings;Walk-In $332.98 Per 1,000 sq_ft_ Business Park $128.27 Per 1,000 sq. ft. Car Wash -Automated $208.60 Per 1,000 sq. ft. Car Wash - Self-Service $79.03 Per Service Bay Church $73.85 Per 1,000 sq. ft. College/University 7,500 students or fewer $12.95 Per Student Greater than 7,500 students $9.07 Per Student Convenience Store (24 hours) $708.71 Per 1,000 sq. ft. - Convenience Store w/Gas Pumps $563.60 Per Fuel Position Day Care $6.48 Per Student Furniture Store $31.10 Per 1,000 sq. ft. Gasoline/Service Station $256.54 Per Fuel Position _ Golf Course $2,518.72 Per 18 Holes Home Improvement Store $230.62 Per 1,000 sq. ft. Hospital $200.83 Per 1,000 sq. ft. Hotel $95.88 Per Room Industrial - General Light $89.40 Per 1,000 sq. ft. Marina $24.62 Per Berth Mini-Warehouse $9.07 Per 1,000 sq. ft. Motel $89.40 Per Room Movie Theater $774.79 Per Screen Nursing Home $93.29 Per Bed Office 50,000 sq. ft. or less $183.98 Per 1,000 sq. ft. Office 50,001-100,000 sq. ft. $156.77 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $133.45 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $114.02 Per 1,000 sq. ft. -- Office Greater than 400,000 sq. ft. $103.65 Per 1,000 sq. ft. Office - Medical $222.85 Per 1,000 sq. ft. Pharmacy/Drug Store $250.06 Per 1,000 sift. Quick Lube $150.29 Per Service Bay _Restaurant - Fast-Food w/Drive-In $1,167.37 Per 1,000 sq. ft. Restaurant - High Turnover $34.98 Per Seat Restaurant - Quality $28.51 Per Seat Retail 50,000 sq. ft. or Less $317.43 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $318.73 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $291.52 Per 1,000 sq. ft. Supp. No. 34 CD74:65 �.. 74,App.A COLLIER COUNTY CODE Impact Fee Land Use Category Rate Retail 150,001-200,000 sq. ft. $356.30 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $303.18 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $316.13 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $313.54 Per 1,000 sq. ft. Retail >1,000,000 sift. $270.79 Per 1,000 sq ft. Retail - Specialty $218.96 Per 1,000 sq. ft. RV Park $69.97 Per Site School-Elementary(Private) $7.78 Per Student School - Middle (Private) $9.07 Per Student School - High School (Private) $10.37 Per Student Supermarket $265.61 Per 1,000 sq. ft. Tire Store $173.62 Per Service Bay (Ord. No. 2005-28, § 3(Exh. B); Ord. No. 2005-66, § 2; Ord. No. 2006-25,App.A; Ord. No. 07-57,App.A; Ord. No. 2009-17, § 2; Ord. No. 2010-47, § 2) Loi Supp.No. 34 CD74:66 IMPACT FEE REGULATIONS Ch.74,App.A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE - PHASE II Effective December 20, 2011 Impact Fee Land Use Category Rate Residential Assisted Living Facilty $153.75 Per Dwelling Unit Mobile Home $255.67 Per Dwelling Unit/Site Multi-Family $193.48 Per Dwelli_Unit Single-Family Less than 1,500 sq. ft. $329.96 Per Dwelling Unit 1,500 to 2,499 sq. ft. $359.33 Per Dwelling Unit 2,500 sq. ft. or larger $397.33 Per Dwelling Unit Non-Residential Auto Sales (Luxury) $191.75 Per 1,000 sq. ft. Auto Sales (New/Used) $295.41 Per 1,000 sq. ft. Bank/Savings; Drive-In $393.87 Per 1,000 sq. ft. Bank/Savings;Walk-In $443.98 Per 1,000 sq. ft. Business Park $171.02 Per 1,000 sq. ft. Car Wash -Automated $278.13 Per 1,000 sq. ft. Car Wash -Self-Service $105.38 Per Service Bay Church $98.47 Per 1,000 sq. ft. College/University 7,500 students or fewer $17.27 Per Student Greater than 7,500 students $12.10 Per Student Convenience Store (24 hours) $944.95 Per 1,000 sq. ft. Convenience Store w/Gas Pumps _ $751.47 Per Fuel Position Day Care -$8.64 Per Student Furniture Store $41.46 Per 1,000 sq. ft. Gasoline/Service Station $342.05 Per Fuel Position Golf Course $3,358.30 Per 18 Holes Home Improvement Store $307.50 Per 1,000 sq. ft. Hospital $267.77 Per 1,000 sq. ft. Hotel $127.84 Per Room Industrial - General Light $119.20 Per 1,000 sq. ft. Marina $32.82 Per Berth Mini-Warehouse $12.10 Per 1,000 sq. ft. Motel $119.20 Per Room Movie Theater $1,033.06 Per Screen Nursing Home $124.38 Per Bed Office 50,000 sq. ft. or less $245.30 Per 1,000 sq. ft. Office 50,001-100,000 sq. ft. $209.03 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $177.94 Per 1,000 sq. ft_ Office 200,001-400,000 sq. ft. $152.02 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $138.20 Per 1,000 sq. ft. Office - Medical $297.14 Per 1,000 sq. ft. Pharmacy/Drug Store $333.41 Per 1,000 sq. ft. Quick Lube $200.39 Per Service Bay Restaurant - Fast-Food w/Drive-In $1,556.50 Per 1,000 sq. ft. Restaurant - High Turnover $46.64 Per Seat Restaurant- Quality $38.01 Per Seat Retail 50,000 sq. ft. or Less $423.24 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $424.97 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $388.70 Per 1,000 sq. ft. Supp. No. 34 CD74:67 74,AvvA COLLIER COUNTY CODE Impact Fee Land Use Category Rate Retail 150.001-200.000 ��f. $475.07 Per 1,000mq. ft. Retail 2OO.0Ol-4O0.0OOsq. ft. *404.24Pe, 1,000vq. ft. Retail 4OO.00l----6UV.0OOag, ft. $421.51 Per 1.000sg. ft. Retail 6VO.00l--l.0O0'000eq, ft. $41.8.06Por 1.000 "q, #. Retail l O00000 ft $361.05 Per 1,000 sq. ft. Retuil Specialty $29z.95 Per l.O0Osq. ft. RV Park $9329 Per Site School Elementary(Private) $l0.3? Per Student School Middle(Private) *l2.l0 Per Stodeut 8dz" - Bi�b8obvvl [7+ive) *l8.82porG�dvut' ---------- � � Supermarket $354.14Per l.00Oag, ft. Tire Store *23l.49 Per Service guy (0rd. No, 20l0'47. # 3) � � 0 6.e ao»p No. o^ CD74:68 IMPACT FEE REGULATIONS App. A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE-PHASE III Effective July 24,2017 pact Fee Land Use Category Rate _Residential _ Assisted Living Facility $340.34 Per Dwelling Unit Mobile Home/RV(Tied Down) $457.20 Per Dwelling Unit Multi-Family _$296.56 Per Dwelling Unit Retirement Community $265.67 Per Dwelling Unit Single-Family Detached House Per Dwelling Unit Less than 4,000 sq. ft. _$586.95 Per Dwelling Unit 4,000 sq. ft. or greater $661.09 Per Dwelling Unit Non-Residential Auto Sales-Luxury $321.61 Per 1,000 sq. ft. Auto Sales-New/Used $458.99 Per 1,000 sq. ft. Bank/Savings:Drive-In $711.91 Per 1,000 sq. ft. Bank/Savings:Walk-In $696.30 Per 1,000 sq. ft. Business Park _$299.75 Per 1,000 sq. ft. Car Wash-Automated _$549.54 Per 1,000 sq. ft. Car Wash-Self-Service $271.65 Per Service Bay Church $9.37 Per Seat College/University(Private) 7,500 students or less $31.22 Per Student More than 7,500 students $21.86 Per Student Convenience Store(24 hours) $1,707.95 Per 1,000 sq. ft. Convenience Store w/Gas Pumps Per Fuel Position 4 or less fuel positions $1,358.24 Per Fuel Position 5-6 fuel positions $1,155.29 Per Fuel Position 7-8 fuel positions $1,027.27 Per Fuel Position 9- 10 fuel positions $917.99 Per Fuel Position 11- 12 fuel positions $858.66 Per Fuel Position 13 or more fuel positions $808.70 Per Fuel Position Dance Studio/Gyms $693.17 Per 1,000 sq. ft. Day Care $15.61 Per Student Furniture Store $74.94 Per 1,000 sq. ft. Gasoline/Service Station $596.38 Per Fuel Position Golf Course $6,069.95 Per 18 Holes Golf Course Bundled $1,820.36 Per 18 Holes Home Improvement Store $565.15 Per 1,000 sq. ft. Hospital $427.77 Per 1,000 sq. ft. Hotel $252.91 Per Room Industrial-General Light $215.45 Per 1,000 sq. ft. _ Manufacturing $156.12 Per 1,000 sq. ft. Marina $59.33 Per Berth Mini-Warehouse $18.73 Per 1,000 sq. ft. Motel $237.30 Per Room Movie Theater $1,867.20 Per Screen Nursing Home $327.85 Per Bed Office 6,000 sq. ft. or less $312.24 Per 1,000 sq. ft. _ Office 6,001-100,000 sq. ft. 371.57 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $315.36 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $265.40 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $240.42 Per 1,000 sq. ft. Supp. No. 72 CD74:69 App. A COLLIER COUNTY CODE Impact Fee Land Use Category Rate Office-Medical 10,000 sq. ft. or less $355.95 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $518.32 Per 1,000 sq. ft. Pharmacy/Drug Store $611.99 Per 1,000 sq. ft. Quick Lube $362.20 Per Service Bay Restaurant-Fast-Food w/Drive-In $2,778.94 Per 1,000 sq. ft. Restaurant-High Turnover $84.30 Per seat Restaurant-Low Turnover $68.69 Per seat Retail 6,000 sq. ft. or less $764.99 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $746.25 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $730.64 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $724.40 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $677.56 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $652.58 Per 1,000 sq. ft. Retail-Specialty $527.69 Per 1,000 sq. ft. RV Park $156.12 Per Site School-Elementary(Private) $18.73 Per Student School-Middle(Private) $21.86 Per Student School-High School(Private) $24.98 Per Student Supermarket $640.09 Per 1,000 sq. ft. Tire Store $418.40 Per Service Bay Warehouse $87.43 Per 1,000 sq. ft. (Ord. No. 2010-47, § 2; Ord. No. 2017-13, § 2) Supp. No. 72 CD74:70 f IMPACT FEE REGULATIONS Ch. 74,App. B APPENDIX B (c) Road Impact Fee District 3. All of that land ROAD IMPACT FEE DISTRICT within the municipal boundaries of the City of BOUNDARIES LEGAL DESCRIPTIONS Naples, Florida. (a) Road Impact Fee District 1. Begin at the (d) Road Impact Fee District 4. Begin at the intersection of County Road 951 and Pine Ridge point of intersection of the north line of Section Road; thence along Pine Ridge Road and Seagate 34, Township 50 South, Range 25 East, Collier Drive, westerly to Gulf of Mexico; thence along County, Florida and the mean high water line of the Gulf of Mexico, northerly to the Lee County the Gulf of Mexico; thence run easterly along the line;thence along the Collier County—Lee County north line of said Section 34 and Section 35 said line,easterly, southerly and easterly to the north- Township and Range to the northeast corner of erly extension of County Road 951; thence along said Section 35; thence southerly along the east County Road 951 and its northerly extension, line of said Section 35 to the southwest corner of southerly to the point of beginning. Section 36, Township 50 South, Range 25 East; thence easterly along the south line of Section 36 (b) Road Impact Fee District 2. Begin at the to the southeast corner of Section 36; thence point of intersection of County Road 951 and Pine northerly along the east lines of Sections 36, 25, Ridge Road(C.R.896);thence run southerly along and 24 to the northwest corner of Section 19, County Road 951 to the intersection of Interstate Township 50 South, Range 26 East; thence east- 75 (S.R. 93); thence southeasterly and easterly erly along the north lines of Sections 19, 20, 21, along Interstate 75 to the northeast corner of 22, 23, and 24, Township 50 South, Range 27 Section 5, Township 50 South, Range 27 East; East; thence easterly along the north line of thence southerly along the east line of Sections 5, Sections 19 and 20 to the northeast corner of said 8 and 17 to the southeast corner of Section 17, Section 20;thence southerly along the east line of said Township and Range; thence easterly along said Section 20 to the northwest corner of Section the south line of Sections 17 and 18 to the 28; thence easterly along the north line of said southeast corner of Section 13,Township 50 South, Section 28 to the northeast corner of Section 28; thence southerly along the east line of Section 28 Range 26 East; thence westerly along the south to the northwest corner of Section 34; thence line of Sections 13, 14, 15, 16, 17 and 18, Town- easterly along the north line of Section 34 to the ship 50 South, Range 26 East; to the northwest northeast corner of Section 34; thence southerly corner of Section 19, Township 50 South, Range along the east line of Section 34 to the northwest 26 East; thence southerly along the west line of corner of Section 2,Township 51 South, Range 27 Sections 19, 30 and 31 to the southeast corner of East; thence easterly along the north line of said Section 36, Township 50 South, Range 25 East; Section 2 to the northeast corner of Section 2; thence westerly along the south line of said Sec- thence southerly along the east line of Section 2 to tion 36 to the southwest corner of Section 36; the southwest corner of Section 1;thence easterly thence northerly along the west line of said Sec- along the south line of Section 1, Township 51 tion 36 to the northeast corner of Section 35, South, Range 27 East to the northwest corner of Township 50 South, Range 25 East; thence west- Section 7, Township 51 South, Range 28 East; erly along the north line of said Sections 35 and thence easterly along the north line of said Sec- 34 to the mean high water line of the Gulf of tion 7 to the northeast corner of Section 7; thence Mexico;thence meander northwesterly along said southerly along the east line of Section 7 to the mean high water line to the westerly prolongation northeast corner of Section 18; thence continue of Seagate Drive; thence easterly along Seagate southerly along the east line of Section 18 to the Drive and Pine Ridge Road to the point of begin- northeast corner of Section 19,Township 51 South, ning. Range 28 East; thence westerly along the north line of said Section 19 to the northwest corner of Less and except all lands lying within the Section 19;thence southerly along the west line of municipal boundaries of the City of Naples. Section 19 to the northeast corner of Section 25; Supp. No. 34 CD74:71 . 74, App. B COLLIER COUNTY CODE Township 51 South, Range 27 East; thence west- line, southerly to State Road 84 (Alligator Alley); erly along the north line of said Section 25 to the thence along State Road 84 and Interstate High- northwest corner of Section 25; thence southerly way 75, westerly to the point of beginning. along the west line of Section 25 to the southeast corner of Section 26; thence westerly along the (g) Road Impact Fee District 7. All of that land south line of Section 26 to the centerline of State within the municipal boundaries of Everglades Road 90 (U.S. 41); thence northwesterly along City, Florida. said centerline of State Road 90 to the point of (h) Road Impact Fee District 8. Begin at the intersection of State Road 92; thence southwest- point of intersection of Oil Well Road (C.R. 858) erly along the centerline of State Road 92 to the and the west line of Hendry County; thence centerline of the Big Marco River; thence mean- southerly, easterly and southerly along Collier/ der southeasterly along the centerline of the Big Hendry County line; to the west line of Dade Marco River to the southern tip of Cape Romano; County; thence southerly along the Collier/Dade thence meander northwesterly along the mean County line to the Monroe County line; thence high water line of the Gulf of Mexico to the point westerly along the Collier/Monroe County line to of beginning. the mean high water line of the Gulf of Mexico; thence northwesterly to the southern tip of Cape (e) Road Impact Fee District 5. Begin at the Romano;thence northeasterly to the centerline of intersection of County Road 858 (Oil Well Road) the Big Marco River; thence meander northeast- and the west line of Hendry County;thence along erly along the centerline of the Big Marco River to County Road 858, westerly to Oil Well Grade the centerline of State Road 92;thence northeast- Road; thence along Oil Well Grade Road, north- erly along the centerline of State Road 92 to State ly to County Road 846(Immokalee Road);thence Road 90 (U.S. 41); thence southeasterly along %�ong County Road 846,westerly and southerly to State Road 90 to the southwest corner of Section the southeast corner of Section 34, Township 47 26, Township 51 South, Range 27 East; thence South, Range 27 East, Collier County, Florida; easterly along the south line of Section 26 to the thence along the south line of Sections 34, 33, 32 southeast corner of Section 26; thence northerly along the east line of Section 26 to the northwest and 31, said township and range, westerly to the corner of Section 25, Township 51 South, Range Lee County line;thence along the Collier County— 27 East; thence easterly along the north line of Lee County line,northerly,easterly and northerly Section 25 to the southeast corner of Section 24, to the Hendry County line; thence along the Township 51 South,Range 27 East;thence north- Collier County Hendry County line, easterly and erly along the east line of Section 24 to the southerly to the point of beginning. northwest corner of Section 19,Township 51 South, Range 28 East; thence easterly along the north (f) Road Impact Fee District 6. Begin at the line of Section 19 to the southeast corner of intersection of County Road 951 and Interstate Section 18, Township 51 South, Range 28 East; Highway 75; thence along County Road 951 and thence northerly along the east line of Section 18 its northerly extension,northerly to the Lee County and Section 7,Township 51 South,Range 28 East line;thence along the Collier County—Lee County to the northeast corner of said Section 7; thence line, easterly and northerly to the southwest westerly along the north line of said Section 7 to corner of Section 31, Township 47 South, Range the to the northeast corner of Section 12, Town- 27 East, Collier County,Florida;thence along the ship 51 South, Range 27 east; thence continue south line of Sections 31, 32, 33 and 34 to County westerly along the north of said Section 12 to the Road 846(Immokalee Road);thence along County southeast corner of Section 2,Township 51 South, Road 846, northerly and easterly to Oil Well Range 27 East; thence northerly along the east Grade Road; thence along Oil Well Grade Road, line of said Section 2 to the southeast corner of southerly to County Road 858 (Oil Well Road); Section 35, Township 50 South, Range 27 East; thence along County Road 858, easterly to the thence westerly along the south line of said Sec- 1st line of Range 28 East;thence along said east tion 35 to the southeast corner of Section 34, Supp.No.34 CD74:72 bspi IMPACT FEE REGULATIONS Ch. 74,App. B Township 50 South,Range 27 East;thence north- erly 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 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.R. 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. Less and except all lands lying within the municipal boundaries of Everglades City. (Ord. No. 01-13, § 1, 3-13-01) Supp. No. 34 CD74:73 Chapter 75 PROPORTIONATE FAIR-SHARE PROGRAM Article I. General Secs. 75-1-75-99. Reserved. Sec. 75-101. Short title. Sec. 75-102. Purpose and authority. Sec. 75-103. General definitions and abbreviations. Sec. 75-104. Applicability. Sec. 75-105. Findings. Article II. Applicability Sec. 75-201. General requirements. Sec. 75-202. Application process. Sec. 75-203. Determining proportionate fair-share obligation. Sec. 75-204. Impact fee credit for proportionate fair-share mitigation. Sec. 75-205. Proportionate fair-share agreements. Sec. 75-206. Appropriation of fair-share revenues. Sec. 75-207. Intergovernmental coordination. Sec. 75-208. Alternative agreements. Supp.No.23 CD75:1 PROPORTIONATE FAIR-SHARE PROGRAM § 75-104 ARTICLE I. GENERAL SIS means the Florida Strategic Intermodal System as described in F.S. § 339.61, (2005). Secs. 75-1-75-99. Reserved. TIS means Transportation Impact State- ment. Sec. 75-101. Short title. (Ord. No. 06-51, § 1) This chapter shall be known and may be cited as the "Collier County Proportionate Fair-Share Sec. 75-104. Applicability. Program." (Ord. No. 06-51, § 1) (a) This chapter shall apply to the unincorpo- rated area of Collier County, Florida, and to all Sec. 75-102. Purpose and authority. incorporated areas of the county to the greatest extent authorized by the Florida Constitution or The board is adopting this chapter in order to in any intergovernmental or interlocal agree- implement the legislative mandate of F.S. ments. § 163.3180(16), which was intended by the legis- (b) The proportionate fair-share program shall lature to "provide a method by which the impacts of development on transportation facilities can be only apply to the extent as mandated by F.S. mitigated by the cooperative efforts of the public § 163.3180(16),which provides in part as follows: and private sectors." "In its transportation concurrency management (Ord. No. 06-51, § 1) system, a local government shall, by December 1, 2006, include methodologies that will be applied Sec. 75-103. General definitions and abbre- to calculate proportionate fair-share mitigation.A viations. developer may choose to satisfy all transportation concurrency requirements by contributing or pay- When used in this chapter,the following terms ing proportionate fair-share mitigation if trans- shall have the following meanings, unless the portation facilities or facility segments identified context clearly indicates otherwise. as mitigation for traffic impacts are specifically Board shall mean the Board of County Com- identified for funding in the five-year schedule of missioners of Collier County, Florida. capital improvements in the capital improve- ments element of the local plan or the long-term CIE refers to the Capital Improvement Ele- concurrency management system or if such con- ment of the Comprehensive Plan. tributions or payments to such facilities or seg- CMS refers to the Collier County Transpor ments are reflected in the five-year schedule of tation Concurrency Management System. capital improvements in the next regularly sched- uled update of the capital improvements ele- Comprehensive Plan shall mean the Compre- ment."The proportionate fair-share program does hensive Plan of the County adopted and not apply to developments of regional impact amended pursuant to the Local Government (DRIs) using proportionate fair-share under F.S. Comprehensive Planning and Land Develop- § 163.3180(12), or to developments otherwise ex- ment Act as contained in F.S. ch. 163, pt. II, or empted from concurrency. its successor in function. (c) The proportionate fair-share program is County shall mean Collier County,a political intended to apply to and include existing roadway subdivision of the State of Florida. link deficiencies. If an intersection deficiency is Developer shall have the same meaning as identified in the concurrency denial determina- defined in F.S. § 163.3164 (2005). tion and the improvements required to remedy Development shall have the same meaning that insufficiency can be incorporated into a link as F.S. § 380.04, h(2005). improvement for which a proportionate fair-share is being calculated under section 75-203, then FDOT means the Florida Department of such costs may be included in the proportionate Transportation. fair-share calculation. The county may consider Supp.No.23 CD75:3 §75-104 COLLIER COUNTY CODE and approve major intersection improvements d. Maximizes the use of public funds such as grade separations, interchanges, intelli- for adequate transportation facili- gent traffic management systems, and through ties to serve future growth, and may, movement capacity improvements as eligible for in certain circumstances, allow the the proportionate fair-share program. county to expedite transportation im- provements by supplementing the (d) Notwithstanding the above requirements, funds currently allocated for trans- upon the presentation of evidence by the county portation improvements in the CIE; manager or designee, and finding by the board, and that the proposed project, if approved, would compromise public health, safety or welfare by e. Is consistent with F.S.§163.3180(16), allowing operational deficiencies to exist prior to and supports the policies of the Col the construction phase of fully funded improve- Tier County Growth Management ments identified in the five-year CIE, the propor Plan and Land Development Code. tionate fair-share eligibility may be denied unless (Ord. No. 06 51, § 1) the applicant cures the operational deficiencies prior to commencing development. ARTICLE II. APPLICABILITY (Ord. No. 06-51, § 1) Sec. 75-201. General requirements. Sec. 75-105. Findings. Provided that a proposed development is oth- The county, adopting the findings of the Model erwise fully consistent with the comprehensive Ordinance for Proportionate Fair-Share Mitiga- plan and all applicable land development regula- tion on Development Impacts On Transportation tions, a developer may choose to satisfy all trans- Corridors (Final Edition—February 14, 2006), portation concurrency requirements by contribut- finds as follows: ing or paying proportionate fair-share mitigation (1) The county finds and determines that if transportation facilities or facility segments transportation capacity has a value to identified as mitigation for traffic impacts are both the public and private sectors and specifically identified for funding in the five-year that the county proportionate fair share schedule of capital improvements in the capital improvements element of the Comprehensive Plan program: or the long-term concurrency management sys- a. Provides a method by which the im- tem or if such contributions or payments to such pacts of development on transporta- facilities or segments are reflected in the five-year tion facilities can be mitigated by the schedule of capital improvements in the next cooperative efforts of the public and regularly scheduled update of the capital improve- private sectors; ments element. The proposed project must be b. Allows developers to proceed under fully funded and financially feasible to qualify for certain conditions, notwithstanding the proportionate fair share program. the failure of transportation concur- (Ord. No. 06-51, § 1) rency, by contributing their propor Sec. 75-202. Application process. tionate fair-share of the cost of a transportation facility; (a) Upon notification of a lack of capacity to c. Contributes to the provision of ade satisfy transportation concurrency, the applicant quate public facilities for future shall also be notified in writing of the opportunity growth and promotes a commitment to satisfy transportation concurrency through the to comprehensive facilities planning, proportionate fair share program. thereby reducing the potential for (b) Prior to submitting an application for a moratoria or unacceptable levels of proportionate fair-share agreement("agreement"), traffic congestion; a pre-application meeting shall be held to discuss Supp.No.23 CD75:4 PROPORTIONATE FAIR-SHARE PROGRAM §75-202 eligibility,application submittal requirements,po- insufficient, incomplete or inconsistent with the tential mitigation options, and related issues. If general requirements of the proportionate fair- the impacted facility is on the SIS, then FDOT share program as set forth herein,then the appli- will be notified and invited to participate in the cant will be notified in writing of the reasons for pre-application meeting. such deficiencies within 20 business days of sub- (c) Eligible applicants shall submit an applica- mittal of the application. If such deficiencies are tion to the county that includes the requisite not remedied by the applicant within 60 business application fee and the following: days of receipt of the written notification, then the application will be deemed abandoned. The (1) Name,address and phone number of own- county may, in its discretion, grant an extension er(s), developer and agent; of time not to exceed 60 business days to cure (2) Property location,including parcel identi- such deficiencies,provided that the applicant has fication numbers; shown good cause for the extension and has taken (3) Legal description and certified survey of reasonable steps to effect a cure. property; (e) Pursuant to F.S. § 163.3180(16)(e), pro- (4) Project description, including type, inten- posed proportionate fair-share mitigation for de- sity, density and amount of development; velopment impacts to facilities on the SIS re- (5) Traffic impact study performed in accor- quires the concurrence of FDOT. The applicant dance to the county's adopted TIS proce- shall submit evidence of an agreement between dures; the applicant and FDOT for inclusion in the (6) Phasing schedule, if applicable; proportionate fair-share agreement. (7) Roadway safety audit of significantly im- (f) When an application is deemed complete pacted roadway segments and intersec- and sufficient for analysis, the applicant shall be tions as outlined in the Collier County advised in writing of eligibility for the program.If TIS guidelines and procedures; eligible,a proposed proportionate fair-share agree- (8) Approved abutters list and impacted stake ment will be prepared by the county attorney, holders list; which agreement will be delivered to the appro- priate parties for review, including a copy to (9) List of all "vested developments" that FDOT for any proposed proportionate fair-share impacts the segment that the proportion- mitigation on a SIS facility. ate share is being applied for; (10) Analysis showing that all "vested traffic" (g) Approval of a proportionate fair-share agree- is included in the remaining roadway ca- ment shall require the completion of a public pacity calculation when the additional involvement and notification process that shall capacity is considered from the capital include notification of potentially impacted par- project being considered for proportionate ties to participate in a public workshop which share; must be conducted in the same manner as a neighborhood information meeting. The public (11) Description of requested proportionate fair- workshop will review the project impacts, the share mitigation method(s); roadway safety audit, and identify improvements (12) Copy of concurrency application; and that may be needed to address any health, safety (13) Such other information and data that the and welfare operational improvements that need county deems necessary. to be completed prior to commencement of devel- opment. The applicant shall be responsible for all (d) The county shall review the application costs associated with the public involvement and and determine whether the application is suffi- notification process, including county profes- cient and complete within 15 business days from sional staff time,legal advertisements,and rental submittal. If an application is determined to be of facilities. Supp.No.23 CD75:5 §75-202 COLLIER COUNTY CODE (h) Once finalized by the parties, the agree- (c) The methodology used to calculate an ment will be brought before the Collier County applicant's proportionate fair-share obligation shall Planning Commission for its review and recom- be as provided for in F.S. § 163.3180(12), which mendations. The agreement and recommenda- states as follows: tions of the planning commission will then be forwarded to the Board for final consideration "The cumulative number of trips from the during a regularly scheduled board meeting. No proposed development expected to reach road proportionate fair-share agreement will be effec ways during the peak hour from the complete tive until approved by the board. build out of a stage or phase being approved, divided by the change in the peak hour maxi- mum service volume of roadways resulting (i) Any documents, plans or other information from construction of an improvement neces- provided to the county as part of an application or sary to maintain the adopted level of service, agreement for proportionate share,including,but multiplied by the construction cost, at the time not limited to,design plans,shall at no cost to the of developer payment, of the improvement nec- county become the property of the county,regard- essary to maintain the adopted level of ser- less of whether the application is approved or vice." "Construction cost" includes all associ- denied. ated costs of the improvement. (Ord. No. 06-51, § 1) More specifically: Sec. 75-203. Determining proportionate fair- Proportionate Fair Share = E [(Development share obligation. Trips;)/(SV Increased x Cost,' Where: (a) As provided in F.S. § 163.3180(16)(c), "Pro- Development Trips, = Those total project trips portionate fair-share mitigation for concurrency from the stage or phase of Development under impacts includes, without limitation, separately review that are assigned to roadway segment or collectively,private funds,contributions of land, "i". Note: Total project trips from the cumula- and construction and contribution of facilities." tive impacts of all phases of Development shall Such mitigation must relate to: (a) Transporta- be used to determine impacted roadway seg- tion facilities or facility segments specifically iden- ments, however mitigation will only be re- tified for funding in the five-year schedule of quired from those trips which have not previ- capital improvements in the capital improve- ously obtained concurrency. ments element of the local plan; (b) transporta- tion facilities or facility segments specifically iden- The total development trips on a segment may tified for funding in the long-term concurrency exclude project trips for previous phases of a management system, should the county elect, in project if: the future, to adopt a long-term concurrency (1) A final certificate of concurrency was management system; or (c) those facilities or issued for that phase of development segments specifically reflected in the five-year prior to the effective date of the schedule of capital improvements in the next proportionate fair-share program;and regularly scheduled update of the capital improve- ments element. (2) The project trips for the previously approved phase(s) significantly im- pacted the segment and were re- (b) As provided in F.S. § 163.3180(16)(c), a served in the concurrency manage- development shall not be required to pay more ment system on the roadway segment. than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation SV Increase; = Service volume increase pro- for the impacted facilities shall not differ regard- vided by the eligible improvement to roadway less of the method of mitigation. segment "i"; Supp.No.23 CD75:6 PROPORTIONATE FAIR-SHARE PROGRAM § 75-204 Cost; = Adjusted cost of the improvement to estimate will be consistent with unit bid segment "i". Cost shall include all improve- costs of recent similar unit bid items for ments and associated costs, such as design, public projects,within Collier County,and right-of-way acquisition, planning, engineer- within the last 12 months. In the absence ing, inspection, utilities, mitigation, project fi- of a comparable Collier County project nancing and physical development costs di- within the last 12 months, the county rectly associated with construction at the may elect to accept bid costs from an anticipated cost in the year it will be incurred, adjacent county or FDOT project. An in- including a 25 percent contingency.As set forth flation factor consistent with the average below, costs will be adjusted to reflect the localized increases reported within the actual cost at time of permitting. last three years will be added to the base (d) For the purposes of determining proportion- costs carried forward to the anticipated ate fair-share obligations, the county will accept construction year. This cost estimate will improvement costs based upon one of the follow- be reviewed for reasonableness and ap- ing methods: proved/disapproved by the county. If dis- approved,the grounds for the disapproval (1) Improvement costs based upon a certified will be indicated to the applicant so that a and sealed engineer's cost estimate based revised cost estimate may be resubmitted. on the county's approved 60 percent plans. Such cost estimate will be consistent with the unit bid costs of recent similar unit (e) If the county has accepted right-of-way bid items for public projects, within Col- dedication for all or part of the proportionate lier County,and within the last 12 months. fair-share payment,credit for the dedication shall In the absence of a comparable Collier be valued at the appraised fair market value as of County project within the last 12 months, the date of the application. Right-of-way that has ��— the county may elect to accept bid costs been dedicated as part of the mitigation for site from an adjacent county or FDOT project. access operational impacts shall not be credited An inflation factor consistent with the for fair-share calculations. The developer shall average localized increases reported within reimburse the county its full expense in acquiring the last three years will be added to the the requisite independent appraisals, together base costs carried forward to the antici with all expenses associated with the dedication, pated construction year. This cost esti including but not limited to surveying,legal,title mate will be reviewed for reasonableness and recording expenses. and approved/disapproved by the county. If disapproved,the grounds for the disap- proval (f) If the proposed development applying for will be indicated to the applicant proportionate fair-share significantly impacts one so that a revised cost estimate may be or more deficient segments in a Transportation resubmitted. Concurrency Management Area(TCMA), and the TCMA does not meet the adopted level of service (2) Improvement costs based upon a certified standard,the method to calculate the proportion- and sealed engineer's cost estimate simi- ate fair-share shall be consistent with this sec- lar to the development of "60 percent tion. plans" for a project defined in a propor- (Ord. No. 06-51, § 1) tionate fair-share agreement. The devel- opment of the estimate will follow the same procedures the county would follow Sec. 75-204. Impact fee credit for proportion- in the process of obtaining 60 percent ate fair-share mitigation. plans including but not limited to plan- ning, design, right-of-way determination, (a) Proportionate fair-share contributions shall mitigation, environmental permitting re- be applied as a credit against impact fees to the view and public involvement. Such cost extent that all or a portion of the proportionate Supp.No.23 CD75:7 §75-204 COLLIER COUNTY CODE fair-share mitigation is used to address the same the county,failing which the county may withhold capital infrastructure improvements contem- further development orders, including permits plated by the county's impact fee ordinance. and certificates of occupancy, for the develop- ment. This obligation shall run with the land. (b) Impact fee credits for the proportionate (Ord. No. 06-51, § 1) fair-share contribution will be determined when the transportation impact fee obligation is calcu- lated for the proposed development. Impact fees Sec. 75-205. Proportionate fair-share agree- owed by the applicant will be reduced per the ments. proportionate fair-share agreement as they be- come due per the county impact fee ordinance. If (a) Upon execution of a proportionate fair- the applicant's proportionate fair-share obliga- share agreement and receipt of payment, the tion is less than the development's anticipated applicant shall receive a county certificate of road impact fee for the specific stage or phase of concurrency approval. development under review, then the applicant or its successor must pay the remaining impact fee (b) Unless expressly set forth otherwise in the amount to the county pursuant to the require- agreement, payment of the proportionate fair- ments of the county impact fee ordinance. share contribution is due in full within 90 calen- dar days from the county's approval of the agree- (c) The proportionate fair-share obligation is ment, failing which on county's written notice to intended to mitigate the transportation impacts developer, the agreement shall be deemed termi- of a proposed development at a specific location. nated in all respects. Developer has no right to As a result, any road impact fee credit based upon cure this breach. proportionate fair-share contributions for a pro- posed development cannot be transferred to any (c) The agreement shall require the payment other location unless provided for within the of the actual costs of improvements. Should con- impact fee ordinance. struction associated with the proportionate fair- (d) If the actual costs associated with the im share agreement not occur within one year of the provement identified in the proportionate fair- adoption of the agreement, the applicant on re share agreement are less than that paid by the quest shall provide sufficient surety in the form of developer, developer shall be given a correspond- a bond or letter of credit that shall be held until ing impact fee credit. If the number of units set all actual costs have been determined and the forth in the county certificate of concurrency facility is substantially completed. approval issued pursuant to the proportionate fair-share agreement for the development are (d) All developer site related and off-site re- substantially completed, such that giving addi- lated improvements authorized under this chap- tional impact fee credits would be insufficient,the ter must be completed prior to commencing devel- county will refund this difference to the developer. opment. If the actual costs associated with the improve- ment identified in the proportionate fair-share (e) Dedication of necessary right-of-way for agreement are greater than that paid by the facility improvements pursuant to an agreement developer, then that difference will be deducted must be completed prior to issuance of the final against any impact fee credits previously granted development order or recording of the final plat. for the development. If the actual costs exceed the impact fee credits previously granted for the (f) Any requested change to a development development, or if impact fee credits have been project subsequent to a development order may be utilized such that the remaining credits are insuf- subject to additional proportionate fair-share con- ficient to meet the increased actual costs, then tributions to the extent the change would gener- developer shall have 90 calendar days from writ- ate additional traffic that would require mitiga- --� ten demand by the county to pay the difference to tion. Supp.No.23 CD75:8 PROPORTIONATE FAIR-SHARE PROGRAM §75-208 (g) Applicants may submit a letter to with- ment, offer in writing that the county instead draw from the agreement at any time prior to the consider entering into: (a) A development agree- execution of the agreement. The application fee ment pursuant to the Florida Local Government and any associated costs to the county, including Development Act; (b) a Developer Contribution advertising, will be nonrefundable. Agreement as set forth in section 74-205 of the (Ord. No. 06-51, § 1) Collier County Code of Laws and Ordinances; or (c)a developer agreement pursuant to the County's Sec. 75-206. Appropriation of fair-share rev- Home Rule authority. The county shall have ten enues. business days from receipt of this offer to respond. Nothing set forth herein shall preclude developer (a) Proportionate fair-share revenues shall be from initiating a proportionate fair-share pro- placed in the appropriate project account for fund- gram application should the parties for any rea- ing of scheduled improvements in the county CIE, son fail to enter into one of these alternative or as otherwise established in the terms of the agreements. agreement. At the discretion of the county, pro- portionate fair-share revenues may be used for (b) Should the parties agree to enter into a operational improvements prior to construction of development agreement pursuant to the Florida the capacity project from which the proportionate Local Government Development Act, they shall fair-share revenues were derived. Proportionate follow the process and procedure set forth in fair-share revenues may also be used as the 50 Article IV of Chapter 106 of the Collier County percent local match for funding under the FDOT Code of Laws and Ordinances,with the exception Transportation Regional Incentive Program(TRIP). that the development agreement pursuant to this chapter may encompass all matters authorized by (b) In the event a scheduled facility improve- F.S. §§ 163.3220-163.3243,known as the Florida ment is removed from the CIE,then the revenues Local Government Development Agreement Act. collected for its construction may be applied to- (Ord. No. 06-51, § 1) ward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development. (Ord. No. 06-51, § 1) Sec. 75-207. Intergovernmental coordina- tion. Pursuant to policies in the Intergovernmental Coordination Element of the County Comprehen- sive Plan and applicable policies in Southwest Florida Regional Planning Council, the county shall coordinate with affected jurisdictions,includ- ing FDOT,regarding mitigation to impacted facil- ities not under the jurisdiction of the local gov- ernment receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdic- tions for this purpose. (Ord. No. 06-51, § 1) Sec. 75-208. Alternative agreements. (a) A developer who otherwise qualifies for the proportionate fair-share program may, in lieu of entering into a proportionate fair-share agree- Supp. No. 23 CD75:9 Chapters 76, 77 RESERVED Supp. No.23 CD76:1