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Agenda 08/27/2024 Item #17A (Ordinance - Amending Chapter 74 of the Collier County Code of Laws and Ordinances)08/27/2024 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for the incorporation by reference the “Water and Wastewater Impact Fee Study for the Collier County Water - Sewer District”, amending the water and wastewater system impact fee rate schedule, which is Schedule Two of Appendix A, as set forth in the impact fee update study; providing for updated definitions; providing for required changes to the provisions related to the adoption of Impact Fee studies in accordance with new statutory provisions; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for a delayed effective date of December 1, 2024, for Phase One, December 1, 2025, for Phase Two, and December 1, 2026, for Phase Three, in accordance with the 90 - day notice requirements set forth in Section 163.31801(4)(d), Florida Statutes. OBJECTIVE: To approve an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code) to provide for updates to the Water and Wastewater Impact Fees in a phased three -year approach. CONSIDERATIONS: At the July 23, 2024, Board of County Commissioners (Board) meeting, agenda item 11C, the Board voted to advertise an Ordinance to include a three-year phase in of water and wastewater impact fee rates based on the recommendation of proposed rates included in the Raftelis Impact Fee Rate Study dated January 19, 2024. The water and wastewater capacity expansion projects at the Golden Gate wastewater treatment plant site as well as on the northeast utility site are being constructed to provide capacity in the entire regional utility system. Capacity expansion projects anticipated in the 10-year capital planning horizon of the study include a 4 million gallon a day (MGD) water reclamation facility at the Golden Gate plant site, a 4 MGD water reclamation facility on the northeast utility site (NESA) and a 10 MGD potable water treatment plant co-located on the NESA site. Phase One 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) $3,382 $4,411 $3,314 $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 × $3,382 $4,411 (minimum value $3,382 $4,411) $3,314 $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. Basis of Fee ERC Factor Water Impact Wastewater 17.A Packet Pg. 1757 08/27/2024 Ft.) Fee Impact Fee 0 to 750 Per Unit 0.33 $1,116 $1,456 $1,093 $1,346 751 to 1,500 Per Unit 0.67 $2,265 $2,955 $2,220 $2,734 1,501 or More Per Unit 1.0 $3,382 $4,411 $3,314 $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. Phase Two 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 $5,441 $4,081 $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 × $4,411 $5,441 (minimum value $4,411 $5,441) $4,081 $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 $1,456 $1,795 $1,346 $1,599 751 to 1,500 Per Unit 0.67 $2,955 $3,644 $2,734 $3,247 1,501 or More Per Unit 1.0 $4,411 $5,441 $4,081 $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. Phase Three RESIDENTIAL - INDIVIDUALLY METERED Living Space (Sq. Ft.) ERC Factor Basis of Fee Water Impact Fee Wastewater Impact Fee Meter Size 17.A Packet Pg. 1758 08/27/2024 0 to 4,999 (And No More Than 4 Toilets) 1 Per ERC (fixed at 1 ERC) $5,441 $6,470 $4,847 $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 × $5,441 $6,470 (minimum value $5,441 $6,470) $4,847 $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 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 $2,135 $1,599 $1,852 751 to 1,500 Per Unit 0.67 $3,644 $4,334 $3,247 $3,761 1,501 or More Per Unit 1.0 $5,441 $6,470 $4,847 $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. Water and wastewater impact fees were last updated and approved by the Board on December 10, 2019 (agenda item 9C) with rates effective on March 20, 2020. Staff committed to closely monitor permitting activity and to return to the Board in one year to either accelerate the implementation plan or slow it down as business activity dictates. FISCAL IMPACT: Revenue projections related to the updating of individual impact fees depends heavily on permitting activity during the time period of an impact fee increase. Any changes in permitting activity and trends associated with residential product mix and/or commercial and other non-residential buildings being constructed in Collier County will directly affect the impact fee revenue stream. Any building permits that are in process via a complete building permit application submission are not subject to imposition of revised impact fees. In accordance with the 90-day notice requirement set forth in Section 163.31801(4)(d), Florida Statutes, the updated water and wastewater impact fees will apply to all residential and commercial permits submitted on or after December 1, 2024. These policies and requirements cause a significant delay in the recognition of the additional revenue associated with the increase in impact fees. As discussed above, the residential product mix as well as the intensity of the commercial and other non-residential land uses being permitted affect the revenue generated by a proposed increase in impact fees and there is not always a direct relationship between the percentage of rate increase and the actual increased dollar amount of collections. Therefore, any increase in impact fee rates does not immediately generate a similar increase in revenue. The fiscal year 2024 impact fee revenue budget was prepared using the currently approved impact fee rates. Current year budget for water impact fee revenues of $8,000,000 in the Water Impact Fee Fund (4011) and wastewater impact fee revenues of $8,000,000 in the Wastewater Impact Fee Fund (4013) are still forecasted in line with budget. Impact fees are restricted-use funds which may only be used to pay for growth-related capacity expansion and growth-related debt service. 17.A Packet Pg. 1759 08/27/2024 GROWTH MANAGEMENT IMPACT: This Study meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -SAA RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for the incorporation by reference the “Water and Wastewater Impact Fee Study for the Collier County Water -Sewer District”, amending the water and wastewater system impact fee rate schedule, which is Schedule Two of Appendix A, as set forth in the impact fee update study; providing for updated definitions; providing for required changes to the provisions related to the adoption of Impact Fee studies in accordance with new statutory provisions; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for a delayed effective date of December 1, 2024, for Phase One, December 1, 2025, for Phase Two, and December 1, 2026, for Phase Three, in accordance with the 90 -day notice requirements set forth in Section 163.31801(4)(d), Florida Statutes. Prepared by: Joseph Bellone, Director Utilities Finance ATTACHMENT(S) 1. Legal Ad - agenda ID 29529 - Water-Sewer Impact Fees (PDF) 2. Business Impact Estimate - agenda ID 29529 - Water Wastewater Impact Fees (PDF) 3. Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (PDF) 17.A Packet Pg. 1760 08/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 29529 Item Summary: Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for the incorporation by reference the “Water and Wastewater Impact Fee Study for the Collier County Water -Sewer District”, amending the water and wastewater system impact fee rate schedule, which is Schedule Two of Appendix A, as set forth in the impact fee update study; providing for updated definitions; providing for required changes to the provisions related to the adoption of Impact Fee studies in accordance with new statutory provisions; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for a delayed effective date of December 1, 2024, for Phase One, December 1, 2025, for Phase Two, and December 1, 2026, for Phase Three, in accordance with the 90 -day notice requirements set forth in Section 163.31801(4)(d), Florida Statutes. Meeting Date: 08/27/2024 Prepared by: Title: – Public Utilities Operations Support Name: Vincent Dominach 07/29/2024 8:13 AM Submitted by: Title: Division Director - Operations Support – Public Utilities Operations Support Name: Joseph Bellone 07/29/2024 8:13 AM Approved By: Review: County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/29/2024 8:17 AM Public Utilities Department Vincent Dominach Level 1 Department Review Completed 07/29/2024 8:43 AM Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 07/29/2024 9:16 AM Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 07/29/2024 10:12 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/07/2024 4:27 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/08/2024 8:46 AM Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 08/13/2024 12:00 PM Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 08/13/2024 2:59 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/14/2024 4:25 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/21/2024 3:10 PM Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM 17.A Packet Pg. 1761 17.A.a Packet Pg. 1762 Attachment: Legal Ad - agenda ID 29529 - Water-Sewer Impact Fees (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.a Packet Pg. 1763 Attachment: Legal Ad - agenda ID 29529 - Water-Sewer Impact Fees (29529 : Water and Wastewater Impact Fee Ordinance) 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County’s website by the time notice of the proposed ordinance is published. Published on County website by: August 7, 2024 Proposed ordinance’s Short Title: Amending Chapter 74 of the Collier County Code of Laws and Ordinances (the Collier County Consolidated Impact Fee Ordinance) for changes to the water and wastewater impact fees. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☒ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under Sections 163-3220- 163.3243; b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; 1 See Section 125.66(3)(c), Florida Statutes. 17.A.b Packet Pg. 1764 Attachment: Business Impact Estimate - agenda ID 29529 - Water Wastewater Impact Fees (29529 : Water and Wastewater Impact Fee 2 c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): To provide revenue for bond debt service necessary to provide incremental capacity to treat potable water and wastewater providing such services within the Water-Sewer District Service area required by the Special Act of the Florida Legislature, Chapter 2003-353 such that growth pays for growth. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the County’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. Builders will incur impact fees in effect at the date of permit application and make payment at issuance of certificate of occupancy. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: All builders permitted to build residential and commercial facilities in Collier County 4. Additional information the governing body deems useful (if any): Staff solicitated comment and approval from the Development Services Advisory Committee which unanimously accepted the Rate Study identifying fees required to construct new capacity to serve new customers. The proposed water and wastewater impact fees will be implemented in three phases and are proposed as follows: 17.A.b Packet Pg. 1765 Attachment: Business Impact Estimate - agenda ID 29529 - Water Wastewater Impact Fees (29529 : Water and Wastewater Impact Fee 3 Phase One 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) $3,382 $4,411 $3,314 $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 × $3,382 $4,411 (minimum value $3,382 $4,411) $3,314 $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 $1,116 $1,456 $1,093 $1,346 751 to 1,500 Per Unit 0.67 $2,265 $2,955 $2,220 $2,734 1,501 or More Per Unit 1.0 $3,382 $4,411 $3,314 $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. Phase Two 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 $5,441 $4,081 $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 × $4,411 $5,441 (minimum value $4,411 $5,441) $4,081 $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 17.A.b Packet Pg. 1766 Attachment: Business Impact Estimate - agenda ID 29529 - Water Wastewater Impact Fees (29529 : Water and Wastewater Impact Fee 4 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 $1,795 $1,346 $1,599 751 to 1,500 Per Unit 0.67 $2,955 $3,644 $2,734 $3,247 1,501 or More Per Unit 1.0 $4,411 $5,441 $4,081 $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. Phase Three 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 $6,470 $4,847 $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 × $5,441 $6,470 (minimum value $5,441 $6,470) $4,847 $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 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 $2,135 $1,599 $1,852 751 to 1,500 Per Unit 0.67 $3,644 $4,334 $3,247 $3,761 1,501 or More Per Unit 1.0 $5,441 $6,470 $4,847 $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. 17.A.b Packet Pg. 1767 Attachment: Business Impact Estimate - agenda ID 29529 - Water Wastewater Impact Fees (29529 : Water and Wastewater Impact Fee 17.A.c Packet Pg. 1768 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance)CAO Digitally signed by CAO Date: 2024.07.26 11:38:23 -04'00' 17.A.c Packet Pg. 1769 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1770 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1771 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1772 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1773 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1774 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1775 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1776 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1777 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1778 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1779 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1780 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1781 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1782 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1783 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1784 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance) 17.A.c Packet Pg. 1785 Attachment: Ordinance - Water Sewer Impact Fees 3 phases - FINAL (CAO) (29529 : Water and Wastewater Impact Fee Ordinance)