Ordinance 99-39~ ~\~ ORDINANCE NO. 9 9 - ~9
PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PARKS AND
RECREATIONAL FACILITIES IMPACT FEE ORDINANCE~ PROVIDING
DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS~ ADOPTING
A CERTAIN IMPACT FEE STUDY~ INCORPORATING BY REFERENCE
THE COMPREHENSIVE PLAN~ PROVIDING FOR THE IMPOSITION OF
PARK IMPACT FEES ON ALL PARKS AND RECREATIONAL FACILITIES
IMPACT CONSTRUCTION OCCURRING WITHIN COLLIER COUNTY~
DEFINING THE TERM PARKS AND RECREATIONAL FACILITIES
IMPACT CONSTRUCTION~ PROVIDING FOR THE PAYMENT AND
COLLECTION OF PARK IMPACT FEES~ PROVIDING FOR THE USE OF
PARK IMPACT FEES COLLECTED~ PROVIDING AN ALTERNATIVE
METHOD OF CALCULATION OF PARE IMPACT FEES~ PROVIDING FOR
EXEMPTIONS IN CONNECTION WITH PARK IMPACT FEES~ PROVIDING
FOR CHANGES IN SIZE AND USE OF A BUILDING OR DWELLING
UNIT~ PROVIDING FOR VESTED RIGHTS~ PROVIDING FOR
AFFORDABLE HOUSING WAIVER AND DEFERRALS~ PROVIDING AN
ALTERNATIVE COLLECTION METHOD FOR THE PARK IMPACT FEEW
PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTION~
PROVIDING FOR REVIEW HEARINGS~ REQUIRING REVIEW EVERY
THREE YEARS, DECLARATION OF EXCLUSION FROM ADMINISTRATIVE
PROCEDURES ACT~ PROVIDING FOR REPEAL OF COUNTY ORDINANCE
NO. 88-96, AS AMENDED~ PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES~ PROVIDING FOR SEVERABILITYX
PROVIDINGAN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
ARTICLE I
GENERAL
Section 1.01. Definitions.
When used in this Ordinance, the following terms shall have
the following meanings, unless the context clearly indicates
otherwise:
"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.
· 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 Appendix B of this
Ordinance.
.Alternative Park Impact Fee Study" shall mean a study
prepared by the Applicant and submitted to the County Manager
pursuant to Sections 2.05.
.Apartment" means a rental Dwelling Unit located within the
same Building as other Dwelling Units.
.Applicant" shall mean the Person who applies for a Building
Permit.
"Board" shall mean the Board of County Commissioners of
Collier County, Florida.
.Building" shall mean any structure, either temporary or
permanent, built for the support, shelter or enclosure of
Persons, chattels or property of any kind. This term shall
include tents, trailers, mobile homes or any vehicles serving in
any way the function of a Building. This term shall not include
temporary construction sheds or trailers erected to assist in
construction and maintained during the term of a Building Permit.
· Building Permit" shall mean an official document or
certificate issued by the authority having Jurisdiction,
authorizing the construction or siting of any Building. For
purposes of this Ordinance, the term "Building Permit" shall also
include tie-down permits for those structures or Buildings, such
as a mobile home, that do not require a Building Permit in order
to be occupied.
"Community Park. shall mean a Countywide network of parks and
recreational facilities which serve the residents of the
unincorporated area of Collier County.
· Comprehensive Plan" shall mean the comprehensive plan of the
County adopted and amended pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act.
.Condominium. means a single-family or time-sharing ownership
unit that has at least one other similar unit within the same
building structure. The term Condominium includes all fee simple
or titled multi-unit structures, including townhouses and
duplexes.
"County" shall mean Collier County, a political subdivision
of the State of Florida.
"County Attorney" shall mean the person appointed by the
Board of County Commissioners to serve as its counsel, or the
designee of such Person.
.County Manager" shall mean the chief administrative officer
of the County, appointed by the Board of County Commissioners, or
the designee of such Person.
.County Park System" or "Park System. shall include all
Community Parks and Regional Parks operated by the County.
· Dwelling Unit" shall mean a Building or portion of a
Building designed 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.
.Encumbered" shall mean monies committed by contract or
purchase order 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.
.Impact Fee Study" shall mean the study adopted pursuant to
Section 1.04, as amended and supplemented pursuant to Section
3.08.
.Local Government Comprehensive Planning and Land Development
Regulation Act" means the provisions of Part II, Chapter 163,
Florida Statutes (1999), as amended or supplemented, or its
successor in function.
"Mobile Home" means manufactured homes, trailers, campers or
recreational vehicles.
.Owner. shall mean the Person holding legal title to the real
property upon which Parks and Recreational Facilities Impact
Construction is to occur.
.Park Impact Fee" or .Impact Fee. shall mean the fee imposed
by the County pursuant to Section 2.01 or, if applicable, the
Alternative Park Impact Fee.
· Parks and Recreation Director" shall mean the Person
appointed by the Board or the County Manager to supervise the
administration, operation and acquisition of the County Park
System, or the designee of such Person.
.Parks and Recreational Facilities Impa~t Construction. shall
mean land development construction designed or intended to permit
more Dwelling Units than the existing use of land.
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"Person" shall mean an individual, a corporation, a
partnership, an incorporated association, or any other similar
entity.
"Regional Park" shall mean County parks and recreational
facilities designed to serve all residents of the County
including residents of the municipalities.
"Residential" means Apartments, Condominiums, Mobile Homes,
Single-Family Detached Houses or Assisted Living Facilities, as
that term is defined in Section 400.402, Florida Statutes.
"Single-Family Detached House" means a home on an individual
lot.
Section 1.02. Rules of Construction. For the purposes of
administration and enforcement of this Ordinance, unless
otherwise stated in this Ordinance, the following rules of
construction shall apply:
A. In case of any difference of meaning or implication
between the text of this Ordinance and any caption, iljustration,
summary table, or iljustrative table, the text shall control.
B. The word "shall" is always mandatory and not
discretionary and the word "may" is permissive.
C. Words used in the present tense shall include the
future; words used in the singular shall include the plural and
the plural the singular, unless the context clearly indicates the
contrary; and use of the masculine gender shall include the
feminine gender.
D. The phrase "used for" includes "arranged for," "designed
for," "maintained for," or "occupied for."
E. Unless the context clearly indicated the contrary, where
a regulation involves two or more items, conditions, provisions,
or events connected by the conjunction "and," "or" or
"either...or", the conjunction shall be interpreted as follows:
1. "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
2. "Or" indicates that the connected items,
conditions, provisions or events may apply singly or in any
combination.
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3. "Either...or" indicates that the connected items,
conditions, provisions or events shall apply singly but not
in combination.
F. The word "includes" shall not limit a term to the
specific example but is intended to extend its meaning to all
other instances or circumstances or like kind or character.
Section 1.03. Findings. It is hereby ascertained, determined
and declared:
A. Future growth represented by Parks and Recreational
Facilities Impact Construction should contribute its fair share
to the cost of improvements and additions to the County Park
System that are required to accommodate the use of such parks and
recreational facilities by such growth.
B. Implementation of the Impact Fee to require future Parks
and Recreational Facilities Impact Construction to contribute its
fair share of the cost of improvements and additions to the
County Park System is an integral and vital element of the
regulatory plan of growth management incorporated in the
Comprehensive Plan.
C. The standard of service for the County Park System, as
determined in the Impact Fee Study, is hereby approved and
adopted by the County and found to be in conformity with the
Comprehensive Plan.
D. Capital planning is an evolving process and the standard
of service for the County Park System constitutes a projection of
anticipated need for parks and recreational facilities, based
upon present knowledge and judgment. Therefore, in recognition
of changing growth patterns and the dynamic nature of population
growth, it is the intent of the Board that the standard of
service for the County Park System and the Impact Fee imposed be
reviewed and adjusted periodically, pursuant to Section 3.08, to
insure that the Park Impact Fees are imposed equitably and
lawfully, based upon actual and anticipated growth at the time of
their imposition.
E. The imposition of the Park Impact Fee is to provide a
source of revenue to fund the construction or improvement of the
County Park System necessitated by growth as delineated in the
capital improvement element of the Comprehensive Plan.
F. The Board specifically finds that Regional Parks benefit
all residents of the County and, therefore, the Regional Parks
component of the Park Impact Fee shall be imposed in all areas of
the County, including both the unincorporated area and within
municipal boundaries.
G. The Community Parks within the County Park System
provide a real and substantial benefit to all residents of the
County, including those within the municipalities. In
recognition of the recreational facilities and activities which
are provided by the municipalities and which parallel the
Community Parks within the County Park System, the Community Park
component of the Park Impact Fee shall not be imposed within
municipal boundaries.
H. The Board specifically finds that Community Parks within
the County benefit all residents of the unincorporated area of
the County because the County provides an interrelated network of
Community Park programs and facilities which operate as a County-
wide resource.
I. This Ordinance shall not be construed to permit the
collection of Impact Fees from Parks and Recreational Facilities
Impact Construction in excess of the amount reasonably
anticipated to offset the demand on the County Park System
generated by the Parks and Recreational Facilities Impact
Construction occurring subsequent to the effective date of this
Ordinance.
J. All improvements and additions to the County Park System
needed to eliminate any deficiency between the existing Parks
System and the standard of service as adopted in the
Comprehensive Plan, shall be funded by revenues other than Impact
Fees. Therefore, the revenue derived from the Impact Fee shall
be utilized only for the acquisition of improvements and
additions to the County Park System which are necessitated by
Parks and Recreational Facilities Impact Construction occurring
subsequent to the effective date of this Ordinance.
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K. It is hereby declared to be the policy of the Board that
the improvements and additions to the County Park System,
required to accommodate future growth, shall be funded entirely
by the revenue derived from the Park Impact Fee. Therefore, no
credit shall be given for any tax revenue sources which may have
been utilized in prior years for the funding of Park System
improvements or additions. In the event that this policy is
altered by the subsequent action of the Board, or if additional
revenue is received and committed for growth necessitated
improvements and additions of the County Park System, the Impact
Fee shall be adjusted at the periodic review required pursuant to
Section 3.08 and credit shall be given for any tax revenue which
has been utilized for growth required improvements and additions
to the County Park System.
Section 1.04. Adoption of Impact Fee Study and Comprehensive
Plan. The Board hereby adopts and incorporates by reference the
study entitled "Rate Study for Impact Fees for Parks and
Recreational Facilities for Collier County, Florida," dated March
18, 1999 and any amendments, updates or supplements thereto
particularly the assumptions, conclusions and findings in such
study and its amendments as to the determination of anticipated
costs of additions to the County Park System required to
accommodate growth. The Board further incorporates by reference
the Comprehensive Plan and any amendments thereto as it relates
to the improvements and additions to the County Park System.
ARTICLE II
PARK IMPACT FEE
Section 2.01. Imposition.
A. All Parks and Recreational Facilities Impact
Construction within the County, both within the unincorporated
areas and within the boundaries of all municipalities, shall pay
the Park Impact Fee as set forth and established in Appendix A.
B. The Park Impact Fee shall be paid in addition to all
other fees, charges and assessments due for the issuance of a
building permit and is intended to provide funds only for growth
necessitated improvements and additions to the County Park System
within the County.
Section 2.02. Payment.
A. Except as otherwise provided in this Ordinance, prior to
the issuance of a Building Permit for a Parks and Recreational
Facilities Impact Construction, an Applicant shall pay the Park
Impact Fee as set forth in Section 2.01.
B. If the Parks and Recreational Facilities Impact
Construction is located within the unincorporated area of the
County, the Park Impact Fee shall be paid directly to the County.
C. If the Parks and Recreational Facilities Impact
Construction is located within a municipality, the Park Impact
Fee shall be paid as follows:
1. If the municipality has entered into an interlocal
agreement with the County providing for the collection of the
Park Impact Fee, such Impact Fees shall be paid and collected
in accordance with the provisions of the interlocal
agreement.
2. If the municipality has not entered into an
interlocal agreement with the County providing for the
collection of the Park Impact Fee, such Impact Fees shall be
paid directly to the County.
D. If the Parks and Recreational Facilities Impact
Construction is located within a municipality and the governing
body of the municipality has not agreed to require proof of
payment of the Park Impact Fees to the County prior to the
issuance of a Building Permit by the municipality or to require
additionally the payment of the Park Impact'Fee as a condition of
the issuance of a Building Permit by the municipality, the Impact
Fees shall be collected as provided in Section 3.05.
E. The obligation for payment of the Park Impact Fees
shall run with the land.
F. In the event that a Building Permit issued for a Parks
and Recreational Facilities Impact Construction expires prior to
completion of the Parks and Recreational Facilities Impact
Construction for which it was issued, the Applicant may within
ninety (90) days of the expiration of the Building Permit apply
for a refund of the Park Impact Fees. Failure to timely apply
for a refund of the Park Impact Fee shall waive any right to a
refund.
1. The application for refund shall be filed with the
County Manager and contain the following:
(a) The name and address of the Applicant;
(b) The location of the property which was the
subject of the Building Permit;
(c) The date the Park Impact Fee was paid;
(d) A copy of the receipt of payment for the
Impact Fee; and
(e) The date the Building Permit was issued and
the date of expiration.
2. After verifying that the Building Permit has
expired and that the Parks and Recreational Facilities Impact
Construction has not been completed, the County Manager shall
refund the Park Impact Fee paid for such Parks and
Recreational Facilities Impact Construction.
3. A Building Permit which is subsequently issued for
a Parks and Recreational Facilities Impact Construction on
the same property which was the subject of a refund shall pay
the Park Impact Fee as required by Section 2.01.
Section 2.03. Use of Monies for Regional Parks.
A. The Board hereby establishes a separate trust account
for the Park Impact Fees paid by the municipalities located
within Collier County, to be designated as the "Regional Park
Impact Fee Trust Account" which shall be maintained separate and
apart from all other accounts of the County. All such Impact
Fees shall be deposited into such trust account immediately upon
receipt.
B. The monies deposited into the Regional Park Impact Fee
Trust Account shall be used solely for the purpose of providing
growth necessitated construction improvements and additions to
the Regional Parks within the County including, but not limited
to:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Land and materials acquisition including any costs
of acquisition or condemnation;
(4) Construction and design of improvements and
additions to Regional Parks;
(5) Design and construction of new drainage facilities
required by the construction of improvements and additions to
Regional Parks;
(6) Relocating utilities required by the construction
of improvements and additions to Regional Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment for Regional
Parks;
(11) Repayment of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which were used to fund any of the growth
impacted improvements or additions as herein provided;
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Regional Parks subsequent
to the adoption of this Ordinance;
(13) Reimbursement of excess Park Impact Fees due an
Applicant pursuant to Section 3.07;
(14) Design and construction of roadway improvements
required by Regional Park facilities and
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Study adopted pursuant to
Section 1.04 and any amendments or supplements adopted
pursuant to Section 3.08 and any other administrative costs
incurred by the County.
Funds on deposit in the Regional Park Impact Fee Trust Account
shall not be used for any expenditure that would be classified as
a maintenance or repair expense.
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C. The monies deposited into the Regional Park Impact Fee
Trust Account shall be used solely to finance improvements and
additions to the Regional Parks required by growth as projected
in the Impact Fee Study.
D. Any £unds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the Regional
Park Impact Fee Trust Account and used as provided herein. To
the extent permitted by law, any interest accrued on Park Impact
Fees which is not needed for improvements and additions to the
Regional Parks may, at the discretion of the Board, be used to
fund waivers or deferrals of Park Impact Fees pursuant to Section
3.04 of this Ordinance. In addition, to the extent permitted by
law, any accrued interest on Park Impact Fees which is not needed
for improvements and additions to the Regional Parks may, at the
discretion of the Board, be used to fund waivers of Park Impact
Fees if the Board makes the following findings by resolution:
a. The entity requesting a waiver is a not-for
profit corporation or business, or charitable
organization;
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates;
c. The County does not provide such services;
d. The provision of services provides substantial
benefits to the citizens of Collier County.
e. Sufficient funds in the Park Impact Fee accounts
exist to fund the waivers;
f. Funding for the waiver will only be used from the
fund for which the waiver is granted; and
g. The entity is a child care or similar support
facility which is included in the original site
development plans of an affordable housing
project and which project has qualified for an
affordable housing waiver or deferral. The
resolution adopted by the Board shall state such
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findings and authorize the payment, in whole or
in part, of the Park Impact Fee.
E. The Park Impact Fee collected pursuant to this
Ordinance shall be returned to the then current Owner of the
property for which such fee was paid if such fees have not been
expended or encumbered prior to the end of the fiscal year
immediately following the sixth anniversary of the date upon
which such fee was paid. Refunds shall be made only in
accordance with the following procedure:
(1) The then current Owner shall petition the Board for
the refund prior to the end of the fiscal year immediately
following the sixth anniversary of the date of the payment of
the Park Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property for
which the Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the status of the
Impact Fee requested for refund, and if such Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purposes of 'this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
F. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
County shall be entitled to retain and apply the Impact Fees for
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growth necessitated capital improvements and additions to the
County Park System.
Section 2.04. Use of Monies for Non-County-wide Facilities.
A. The Board hereby establishes a separate trust account
for the Park Impact Fees paid by the unincorporated area of
Collier County, to be designated as the "Unincorporated Park
Impact Fee Trust Account" which shall be maintained separate and
apart from all other accounts of the County. All such Impact
Fees shall be deposited into such trust account immediately upon
receipt.
B. The monies deposited into the Unincorporated Park Impact
Fee Trust Account shall be used for the purpose of providing
growth necessitated construction improvements and additions to
the Regional Parks or Community Parks within the County
including, but not limited to:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Land and materials acquisition including any costs
of acquisition or condemnation;
(4) Construction and design of improvements and
additions to Regional Parks or Community Parks;
(5) Design and construction of new drainage facilities
required by the construction of improvements and additions to
Regional Parks or Community Parks;
(6) Relocating utilities required by the construction
of improvements and additions to Regional Parks or Community
Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment for Regional Parks
or Community Parks;
(11) Repayment of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which were used to fund any of the growth
impacted improvements or additions as herein provided;
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Regional Parks or Community
Parks subsequent to the adoption of this Ordinance;
(13) Reimbursement of excess Park Impact Fees due an
Applicant pursuant to Section 3.07;
(14) Design and construction of roadway improvements
required by Regional Park facilities or Community Park
facilities; and
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Study adopted pursuant to
Section 1.04 and any amendments or supplements adopted
pursuant to Section 3.08 and any other administrative costs
incurred by the County.
Funds on deposit in the Unincorporated Park Impact Fee Trust
Account shall not be used for any expenditure that would be
classified as a maintenance or repair expense.
C. The monies deposited into the Unincorporated Park Impact
Fee Trust Account shall be used to finance improvements and
additions to the Regional Parks or Community Parks required by
growth as projected in the Impact Fee Study. If monies deposited
in the Unincorporated Park Impact Fee Trust Account are used
solely for Community Parks, then the Parks and Recreation
Director shall ensure that other funding sources from the
unincorporated area are used for Regional Parks to ensure that
the level of service set forth in the Impact Fee Study for
Regional Parks is met.
D. Any funds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the
Unincorporated Park Impact Fee Trust Account and used as provided
herein. To the extent permitted by law, any interest accrued on
Park Impact Fees which is not needed for improvements and
additions to the Regional Parks or Community Parks may, at the
discretion of the Board, be used to fund waivers or deferrals of
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Park Impact Fees pursuant to Section 3.04 of this Ordinance. In
addition, to the extent permitted by law, any accrued interest on
Park Impact Fees which is not needed for improvements and
additions to the Regional Parks or Community Parks may, at the
discretion of the Board, be used to fund waivers of Park Impact
Fees if the Board makes the following findings by resolution:
a. The entity requesting a waiver is a not-forprofit
corporation or business, or charitable
organization;
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates;
c. The County does not provide such services;
d. The provision of services provides substantial
benefits to the citizens of Collier County.
e. Sufficient funds in the Park Impact Fee accounts
exist to fund the waivers;
f. Funding for the waiver will only be used from the
fund for which the waiver is granted; and
g. The entity is a child care or similar support
facility which is included in the original site
development plans of an affordable housing
project and which project has qualified for an
affordable housing waiver or deferral. The
resolution adopted by the Board shall state such
findings and authorize the payment, in whole or
in part, of the Park Impact Fee.
E. The Park Impact Fee collected pursuant to this
Ordinance shall be returned to the then current Owner of the
property for which such fee was paid if such fees have not been
expended or encumbered prior to the end of the fiscal year
immediately following the sixth anniversary of the date upon
which such fee was paid. Refunds shall be made only in
accordance with the following procedure:
(1) The then current Owner shall petition the Board for
the refund prior to the end of the fiscal year immediately
following the sixth anniversary of the date of the payment of
the Park Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property for
A which the Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the status of the
Impact Fee requested for refund, and if such Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purposes of this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
F. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
County shall be entitled to retain and apply the Impact Fees for
growth necessitated capital improvements and additions to the
County Park System.
Section 2.05. Alternative Fee Calculation.
A. In the event an Applicant believes that the impact to
County Park System resulting from his Parks and Recreational
"' Facilities Impact Construction is less than the fee established
in Section 2.01, such Applicant may, prior to issuance of a
Building Permit for such Parks and Recreational Facilities Impact
Construction, submit a calculation of an Alternative Park Impact
Fee to the office of the County Manager pursuant to the
provisions of this Section. Upon receipt of the Alternative Park
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Impact Fee, the County Manager shall schedule a hearing before
the Board at a regularly scheduled meeting or a special meeting
called for the purpose of reviewing the Alternative Park Impact
Fee and shall provide the Applicant written notice of the time
and place of the hearing. Such hearing shall be held within
thirty (30) days of the date the Alternative Park Impact Fee was
submitted.
B. The Alternative Park Impact Fee calculations shall be
based on data, information or assumptions contained in this
Ordinance and the Impact Fee Study or an independent source,
provided that the independent source is a local study supported
by a data base adequate for the conclusions contained in such
study performed pursuant to a generally accepted methodology and
based upon generally accepted standard sources of information
relating to facilities planning, cost analysis and demographics.
C. If a previously approved Parks and Recreational
Facilities Impact Construction project submitted, during its
approval process, an Alternative Park Impact Study substantially
consistent with the criteria required by this Section, and if
such study is determined by the Board to be current, the parks
and recreational impact of such previously approved Parks and
Recreational Facilities Impact Construction shall be presumed to
be as described in the prior study. In such circumstances, an
Alternative Park Impact Fee shall be established reflecting the
impact described in the prior study. There shall be a rebuttable
presumption that an Alternative Park Impact Study conducted more
than two years earlier is invalid.
D. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the
Alternative Park Impact Fee complies with the requirements of
this SeCtion and that the Alternative Park Impact Fee was
calculated by the use of a generally accepted methodology, the
Alternative Park Impact Fee shall be paid in lieu of the fee set
forth in Section 2.01.
E. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the
Alternative Park Impact Fee does not comply with the requirements
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of this Section or that the Alternative Regional Park Impact Fee
was not calculated by a generally accepted methodology, then the
County shall provide to the Applicant by certified mail, return
receipt requested, written notification of the rejection of the
Alternative Park Impact Fee and the reason therefor.
F. The decision of the Board shall be in writing and issued
within ten (10) working days of the review.
G. Any Applicant or Owner who has submitted a proposed
Alternative Park Impact Fee pursuant to this Section and desires
the immediate issuance of a Building Permit shall pay prior to or
at the time the request for hearing is filed the applicable Park
Impact Fee pursuant to Section 2.01. Said payment shall be
deemed paid under "Protest" and shall not be construed as a
waiver of any right of review. Any difference between the amount
paid and the amount due, as determined by the Board, shall be
refunded to the Applicant or Owner.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01. Exemptions.
A. The following shall be exempted from payment of the Park
Impact Fees:
1. Alterations or expansion of an existing Dwelling
Unit where no additional Dwelling Units are created.
2. The construction of Accessory Buildings or
Structures which will not create additional Dwelling Units.
3. The replacement of a Dwelling Unit where no
additional Dwelling Units are created.
4. The construction of publicly owned Residential
housing.
5. The issuance of a tie-down permit on a Mobile Home
on which applicable Park Impact Fees have previously been
paid.
Section 3.02. Changes of Size and Use.
Impact Fees shall be imposed and calculated for the
alteration, expansion or replacement of a Building or Dwelling
Unit or the construction of an Accessory Building if the
alteration, expansion or replacement of the Building or Dwelling
]8
Unit or the construction of an Accessory Building results in a
land use determined to increase the number of Dwelling Units.
The Impact Fee imposed shall be upon each additional Dwelling
Unit created by the alteration, expansion or replacement of the
Building or Dwelling Unit or the construction of an Accessory
Building.
Section 3.03. Vested Rights.
A. Any Owner of land which was the subject of a development
order prior to the effective date of this Ordinance may petition
the Board for a Vested Rights determination which would exempt
the landowner from the provisions of this Ordinance. Such
petition shall be evaluated by the County Attorney and a decision
made based on the following criteria:
1. The existence of a valid, unexpired governmental
act of the County authorizing the specific development for
which a determination is sought;
2. Expenditures or obligations made or incurred in
reliance upon the authorizing governmental act that are
reasonably equivalent to the fees required by this Ordinance;
3. Other factors that demonstrate it is inequitable to
deny the Petitioner the opportunity to complete the
previously approved development under the conditions of
approval by requiring the Petitioners to comply with the
requirements of this Ordinance. For the purposes of this
paragraph, the following factors shall be considered in
determining whether it is inequitable to deny the Petitioner
the opportunity to complete the previously approved
development:
(a) Whether the injury suffered by the Petitioner
outweighs the public cost of allowing the development to
go forward without payment of the Impact Fee required by
this Ordinance; and
(b) Whether the expenses or obligations for the
development were made or incurred subsequent to the
effective date of this Ordinance.
B. The County Attorney shall make a written determination
as to whether the Owner has established a vested right in the
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Parks and Recreational Facilities Impact Construction and, if so,
whether the development would exempt the Owner from the
provisions of this Ordinance.
C. Any Owner aggrieved by a decision of the County Attorney
pursuant to this Section may request a review hearing on such
decision pursuant to Section 3.07.
Section 3.04. Affordable Housing.
A. Pursuant to the 9uidelines established in this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of the Impact Fee for any new owner-occupied or rental
Parks and Recreational Facilities Impact Construction which
qualifies as Affordable Housing under Appendix B of this
Ordinance.
(1) Any person seeking an Affordable Housing waiver or
deferral for proposed Parks and Recreational Facilities
Impact Construction shall file with the County Manager an
Application for waiver or deferral, prior to receiving a
Building Permit for the proposed Parks and Recreational
Facilities Impact Construction. The Application for waiver
or deferral shall contain the following:
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Parks and Recreational
Facilities Impact Construction shall be constructed;
(c) The income level of the Owner or if the Owner
is a builder, the income level of the household to which
the Dwelling Unit will be sold or rented;
(d) The number of bedrooms in each Dwelling Unit
of the Parks and Recreational Facilities Impact
Construction.
(2) If the proposed Parks and Recreational Facilities
Impact Construction meets the requirements for an Affordable
Housing waiver or deferral as set forth in this Section, then
the County Manager shall issue an Impact Fee waiver or
deferral, as applicable, to the Owner or Applicant. The
Impact Fee waiver or deferral shall be presented in lieu of
payment of the Impact Fee pursuant to Section 2.02.
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B. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
(1) The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
level, at the time of issuance of the Impact Fee waiver or
deferral, as those terms are defined in Appendix B, and the
monthly payment to purchase the unit must be within the
Affordable Housing guidelines established in Appendix B. A
Dwelling Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effect at the date of issuance
of the Impact Fee waiver or deferral or within thirty (30)
days thereof, and within twenty-four (24) months from the
date of issuance of the certificate of occupancy or the
execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the purchaser
takes ownership of the Dwelling Unit. If the purchaser fails
to purchase the Dwelling Unit within the twenty-four (24)
month period, then the waived or deferred Impact Fee must be
immediately repaid unless the Dwelling Unit is sold to
another qualifying Owner.
(2) The Owner, or if there is more than one Owner, one
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 (3) years.
(3) The Dwelling Unit must be the homestead of the
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the Impact
Fee is repaid to the County.
C. To qualify for an Impact Fee deferral, a Dwelling Unit
offered for rent must meet all of the following criteria:
(1) The household renting the Dwelling Unit must have
a very low or low income level, at the commencement of the
leasehold and during the duration thereof, as those terms are
defined in Appendix B and the amount of rent must be within
the Affordable Housing guidelines established in Appendix B.
(2) The Dwelling Unit must be the household's
permanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Units at the time the Building Permit was issued shall become due
and payable and shall be immediately repaid to the County upon
the sale of the Dwelling Unit to a non-qualified purchaser;
provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing trust fund.
For purposes of this Section 3.04, a non-qualified purchaser is a
Person who does not satisfy the Affordable Housing criteria set
forth in subsection B above or a Person who does not agree to the
terms of the waiver or deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
shall be immediately repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen (15)
years from the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Any Impact Fees waived for an owner-occupied Dwelling
Unit at the time a Building Permit was issued shall become due
and payable and shall be immediately repaid to the County if the
Dwelling Unit is sold or transferred to a non-qualified purchaser
during the fifteen (15) year period after the certificate of
occupancy is issued for the Dwelling Unit. If the Impact Fee
waiver was paid with State Housing Initiatives Partnership [SHIP]
Program funds, repayment will be made to the Collier County
affordable housing trust fund. If the Dwelling Unit is used as
Affordable Housing in compliance with Section 3.04 of this
Ordinance for fifteen (15) years after the date the certificate
of occupancy is issued for the Dwelling Unit, the Impact Fees are
no longer due and the lien on the Dwelling Unit shall be
released.
G. The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an owner-occupied
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or rental Affordable Housing Dwelling Unit shall be the
percentage set forth in Appendix B. The Impact Fees waived or
deferred shall be a lien on the property until all requirements
under this Section have been satisfied.
H. (1) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of compliance
with the criteria set forth in this Section. An affidavit must
be filed within thirty (30) days of the anniversary date of the
issuance of a certificate of occupancy. If the income of any
unit renter which originally qualified as very low or low income
level as defined in Appendix B exceeds the Affordable Housing
benefit standards set forth in Appendix B by more than forty
percent (40%), then the deferred Impact Fee shall become
immediately due and payable by the Owner or, in the alternative,
the Owner shall have ninety (90) days to comply with the
Affordable Housin9 standards set forth in Appendix B.
(2) If the household income of the qualified owner-occupied
Dwelling Unit rises above the benefit standards for waivers and
deferrals set forth in Appendix B, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
outstanding impact Fees waived or deferred shall be repaid in
full upon sale or transfer of the Dwelling Unit to a
non-qualified purchaser, except for waived Impact Fees where the
Owner has complied with the Affordable Housing criteria set forth
in Section 3.04 for fifteen (15) years after issuance of the
certificate of occupancy.
I. The Owner receiving an Impact Fee waiver or deferral
shall enter into an impact fee agreement with the County which
agreement shall provide for, at a minimum, the following and
shall further include such provisions deemed necessary by the
Board to effectuate the provisions of this Section:
(1) The legal description of the Dwelling Unit.
(2) Where an Impact Fee waiver or deferral is given to
an Owner who will be selling or renting the Dwelling Unit to
a subsequent purchaser or tenter, the Parks and Recreational
Facilities Impact Construction must be sold. or rented to
households meeting the criteria set forth in this Section in
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order to maintain the waiver or deferral. Impact Fee waivers
or deferrals paid for with State Housing Initiatives
Partnership [SHIP] Program funds will only be granted
directly to buyers meeting Appendix B qualifications and
approval prior to Building Permit issuance. A Dwelling Unit
shall qualify as owner-occupied if a lease-purchase agreement
is in effect at the date of issuance of the Impact Fee waiver
or deferral or within thirty days thereof, and within
twenty-four (24) months from the date of issuance of the
certificate of occupancy or the execution of the
lease-purchase agreement, whichever is later, the option to
purchase is exercised and the purchaser takes ownership of
the Dwelling Unit. If the purchaser fails to purchase the
Dwelling Unit within the twenty-four (24) month period, then
the waived or deferred Impact Fee must be repaid immediately
unless the Dwelling Unit is sold to another qualifying Owner.
(3) For owner-occupied Dwelling Units, the amount of
Impact Fees deferred shall be repaid to the County upon the
sale or transfer to a non-qualified purchaser. If Impact
Fees were paid with State Housing Initiatives Partnership
[SHIP] Program funds, repayment will be made to the Collier
County Affordable Housing Trust Fund. For rental units, the
Impact Fees deferred shall be repaid upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen
(15) years from the issuance of a certificate of occupancy,
whichever occurs first.
(4) For owner-occupied Dwelling Units where Impact
Fees have been waived, the Dwelling Unit must be utilized by
the original qualifying Owner, or subsequent qualifying
purchaser, as Affordable Housing in compliance with Section
3.04 of this Ordinance for a fifteen (15) year period after
the certificate of occupancy is issued and if the Dwelling
Unit is sold to a non-qualifying purchaser, the Impact Fees
shall be repaid to the County. If Impact Fees were paid with
State Housing Initiatives Partnership [SHIP] Program funds,
repayment will be made to the Collier County affordable
housing trust fund.
34
(5) The deferred and/or waived Impact Fees shall be a
lien on the property which lien may be foreclosed upon in the
event of non-compliance with the requirements of the
agreement. The agreement described herein shall operate as a
lien against the Dwelling Unit. The lien shall terminate
upon the recording of a release or satisfaction of lien in
the public records of Collier County. In the case of a
waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or upon
repayment. In the case of a deferral, such release shall be
recorded upon repayment.
(6) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of
compliance with the criteria set forth in this Section. An
affidavit must be filed within thirty (30) days of the
anniversary date of the issuance of a certificate of
occupancy. If the income of any unit renter which originally
qualified as very low or low income level as defined in
Appendix B exceeds the Affordable Housing benefit standards
set forth in Appendix B by more than forty percent (40%),
then the deferred Impact Fee shall become immediately due and
payable by the Owner or, in the alternative, the Owner shall
have ninety (90) days to comply with the Affordable Housing
standards set forth in Appendix B.
(7) Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited to,
a release of lien.
(8) In the event the Owner is in default under this
agreement, and the default is not cured within thirty (30)
days after written notice is provided to the Owner, the Board
may bring a civil action to enforce the agreement. The Board
shall be entitled to recover all fees and costs, including
attorney's fees and costs, incurred by the Board in enforcing
this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
(9) The agreement shall be binding upon the Owner's
successors and assigns.
(10) The agreement shall be recorded in the Official
Records of Collier County.
J. The amount of Impact Fee waivers and deferrals granted
pursuant to this Section shall be limited, in total, to the
amount appropriated by the Board at its final public hearing
regarding the adoption of the annual County budget and the amount
allocated to Impact Fee waivers or deferrals in the Collier
County Housing Assistance Plan, as established by County
Ordinance No. 93-19. All Impact Fees waived or deferred shall be
paid by the Board into the appropriate parks and recreational
facilities impact fee trust account within six (6) years from the
date of the award of a waiver and/or deferral as provided herein,
but in no event, later than that time when that amount is needed
for a project funded by those Impact Fees waived or deferred.
The Board shall pay into the appropriate parks and recreational
facilities impact fee trust account such amounts equal to any
Impact Fees previously waived or deferred by the Board, within
six (6) years from the date of such waiver, or deferral, but in
no event, later than the time such amounts are needed for a
project funded by those Impact Fees waived or deferred. Waivers
and deferrals shall be issued in the order that completed
qualifying applications are received by the County Manager. At
least forty percent (40%) of the amount budgeted for Impact Fee
waivers and/or deferrals must be utilized to fund Impact Fee
waivers and/or deferrals for single family owner-occupied
Dwelling Units serving the very low and low income levels.
K. Any changes or amendments to Appendix B or the minimum
funding' requirements adopted in this' Section must occur as an
ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or deferral shall be
granted for a Parks and Recreational Facilities Impact
Construction project which consists of a Mobile Home.
M. Notwithstanding any provisions elsewhere in this
Ordinance to the contrary, any Owner that develops an Affordable
Housing rental apartment complex consisting in whole or part of
Dwelling Units serving very low and/or low income levels and
meeting all requirements, and subject to all conditions, of
Section 3.04 shall be entitled to defer one hundred percent
(100%) of the Impact Fees applicable only to such rental Dwelling
Units serving very low and/or low income levels if: (i) all such
deferred Impact Fees are paid on or before the end of six (6)
years from the date such Impact Fees are deferred; and (ii) the
rental apartment development shall remain Affordable Housing
qualified (under Section 3.04 of this Ordinance) for a minimum of
15 years.
N. The Board, in its discretion, may agree by Resolution to
subordinate its lien for Impact Fees to a primary lender and/or
government funded affordable housing loan such as SAIL or HOME
loan if Owner can demonstrate that a subordination is necessary
to obtain financing and, in the case of rental Dwelling Units, if
the Owner provides additional security satisfactory to the County
such as additional or substitute collateral in the form of cash
or cash equivalent financial instruments which will yield the
full amount of the deferred impact fees at the expiration of the
period of the deferral.
Section 3.05. Alternative Collection Method.
In the event the Park Impact Fees are not paid prior to the
issuance of a Building Permit for the affected Parks and
Recreational Facilities Impact Construction, the County shall
proceed to collect the Park Impact Fees as follows:
A. The County shall serve, by certified mail, return
receipt requested, 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 Parks and Recreational Facilities Impact Construction
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
27
date said notice was attached to the Building Permit, whichever
occurs first. The "Notice of Impact Fee Statement" shall contain
the legal description of the property and shall advise the
Applicant and the Owner as follows:
1. The amount due and the general purpose for which
the Park Impact Fees were imposed;
2. That a hearing pursuant to Section 3.07 may be
requested within 30 calendar days from the effective date of
service of the Notice of Impact Fee Statement, by making
application to the Office of the County Manager.
3. That the Park Impact Fees shall be delinquent if
not paid and received by the County within 30 calendar days
of the effective date of service of the Notice of Impact Fee
Statement, excluding the date of receipt or if a hearing is
not requested pursuant to Section 3.07, and, upon becoming
delinquent, shall be subject to the imposition of a
delinquent fee and interest on the unpaid amount until paid;
and
4. That in the event the Park Impact Fees become
delinquent, a lien against the property for which the
Building Permit was secured shall be recorded in the Official
Records Book of the County.
B. The Park Impact Fees shall be delinquent if, within 30
calendar days from the effective date of service of the Notice of
Impact Fee Statement, neither the Impact Fees have been paid and
received by the County, nor a hearing is requested pursuant to
Section 3.07. In the event a hearing is requested pursuant to
Section 3.07, the Impact Fees shall become delinquent if not paid
within 30 days from the date the Board determines the amount of
Impact Fees due upon the conclusion o~ such hearing. All time
periods contained within this Ordinance shall be calculated on a
calendar day basis, including Sundays and legal holidays, but
excluding the effective date of service of the Notice of Impact
Fee Statement, or the date of the Board's decision in the event
of an appeal. In the event the due date falls on a Sunday or
legal holiday, the last due date prior to becoming delinquent,
shall, be the next business day. Upon becoming delinquent, a
delinquency fee equal to 10% of the total Impact Fee imposed
shall be assessed. Such total Impact Fee, plus delinquency fee,
shall bear interest at the statutory rate, for final judgments
calculated on a calendar day basis, until paid.
C. Should the Park Impact Fees become delinquent as set
forth in Subsection B, the County shall serve, by certified mail
return receipt requested, 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 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 that due to their failure to pay the Park Impact
Fees, the County shall file a Claim of Lien with the Clerk of the
Circuit Court.
D. Upon the mailing of the Notice of 'Lien, the County
Attorney shall file a Claim of Lien with the Clerk of the Circuit
Court for recording in the Official Records of the County. The
Claim of Lien shall contain the legal description of the
property, the amount of the delinquent Impact Fee and the date of
its imposition. Once recorded, the Claim of Lien shall
constitute a lien against the property described therein. The
County Attorney shall proceed expeditiously to collect, foreclose
or otherwise enforce said lien.
E. After the expiration of one year 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 Chapter 173~ Florida Statutes, which
provisions are hereby incorporated herein in their entirety to
the same extent as if such provisions were set forth herein
verbatim.
F. 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.
29
G. The collection and enforcement procedures set forth in
the Section shall be cumulative with, supplemental to and in
addition to, all other applicable procedures provided in any
other ordinances or administrative regulations of the County or
any applicable law or administrative regulation of the State of
Florida. Failure of the County to follow the procedure set forth
in this Section shall not constitute a waiver of its rights to
proceed under any other ordinances or administrative regulations
of the County or any applicable law or administrative regulation
of the State of Florida.
Section 3.06. Developer Contribution Credit.
A. The County shall grant a credit against the Park Impact
Fees imposed pursuant to Section 2.01, for the donation of land
or for the construction of any park or recreational facilities or
improvements and additions thereto made to the County Park System
required pursuant to a development order or made voluntarily in
connection with Parks and Recreational Facilities Impact
Construction. Such land donation and construction and
improvement shall be subject to the approval of the Board and
shall be an integral part of and a necessary accommodation to an
existing or contemplated Community or Regional Park.
B. The amount of Developer Contribution Credit to be
applied shall be determined at the time that the Park Impact Fees
are paid according to the following standards of valuation:
1. The value of the credit due to the developer as a
result of a donation to Collier County of an
easement or a fee simple estate in land shall be
calculated in accordance with Section 2.7.2.8.1,
Collier County Land Development Code, entitled
"Dedication of the public facilities and
development of prescribed amenities", as it may be
amended from time to time, or its successor
provision; and
2. The cost of anticipated construction of parks and
recreational facilities improvements to the County
Park System shall be based upon cost estimates
certified by a professional architect or engineer.
30
C. Prior to issuance of a building permit the Applicant
shall submit to the County Manager a proposed plan and estimate
of costs for contributions to the County Park System. The
proposed plan and estimate shall include:
1. A designation of the Parks and Recreational
Facilities Impact Construction for which the
proposed plan is being submitted;
2. A legal description of any land proposed to be
donated and a written appraisal prepared in
conformity with subsection B.1. of this Section;
3. A list of the contemplated park and recreational
facilities improvements contained within the plan;
4. An estimate of proposed construction costs
certified by a professional architect or engineer;
and
5. A proposed time schedule for completion of the
proposed plan.
D. Upon receipt of the proposed plan, the County Manager
shall schedule a hearing before the Board at a regularly
scheduled meeting or a special meeting called for the purpose of
reviewing the proposed plan and shall provide the Applicant or
Owner written notice of the time and place of the hearing. Such
hearing shall be held within thirty (30) days of the date the
proposed plan was submitted.
E. The Board shall determine:
1. If such proposed plan of construction is in
conformity with contemplated parks and recreational
facilities additions to the County Park System;
2. If the proposed plan is consistent with the public
interest; and
3. If the proposed construction time schedule for the
completion of the plan is consistent with the
County's capital improvement program for the County
Parks System.
The decision of the Board as to whether to accept the
proposed plan of donation or construction shall be in
writing and issued within ten (10) working days of the
3!
review. A copy shall be provided to the Applicant.
Upon approval of a proposed plan of construction, the
Board shall determine the amount of construction credit
based upon the above standards of valuation and shall
approve the timetable for completion of construction.
F. All construction cost estimates shall be based upon, and
all construction plans and specifications shall be in conformity
with the parks and recreational facilities construction standards
of the County. All plans and specifications shall be approved by
the Parks and Recreation Director prior to commencement of
construction.
G. Any Developer Contribution Credit granted from the
regional park component of the Impact Fee shall only be for those
donations or contributions made to a Regional Park.
H. Any Developer Contribution Credit granted from the
Community Park component of the Impact Fee shall only be for
those donations or contributions made to a Community Park.
I. Any Applicant who submits a proposed plan pursuant to
this Section and desires the immediate issuance of a Building
Permit shall pay prior to or at the time the request for hearing
is filed the applicable Park Impact Fees. Said payment shall be
deemed paid under "Protest" and shall not be construed as a
waiver of any review rights. Any difference between the amount
paid and the amount due, as determined by the Board, shall be
refunded to the Applicant or Owner.
J. In the event the amount of developer contribution
determined to be applicable by the Board pursuant to an approved
plan of construction exceeds the total amount of Impact Fees due
by the Applicant based upon the contemplated improvements to the
County Park System proposed by the Applicant, the County shall
execute with the Applicant an agreement for future reimbursement
of the excess of such contribution credit from future receipts by
the County of the Impact Fees. Such agreement of reimbursement
shall not be for a period in excess of five years from the date
of completion of the approved plan of construction and shall
provide for a forfeiture of any remaining reimbursement balance
at the end of such five year period.
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Section 3.07. Review Hearings.
A. An Applicant or Owner who is required to pay a Park
Impact Fee pursuant to Section 2.01, shall have the right to
request a review hearing.
B. Such hearing shall be limited to the review of the
following:
1. The application of the Park Impact Fee pursuant to
Section 2.01.
2. A Vested Rights determination under Section 3.03.
3. The denial of an Affordable Waiver or Authorization
for Deferral pursuant to Section 3.04.
C. Such hearing shall be requested by the Applicant or
Owner within thirty (30) days of the date of first receipt of the
following:
1. Notice of Impact Fee Statement;
2. A Vested Rights determination;
3. The denial of an Affordable Housing Waiver or
Authorization for Deferral.
Failure to request a hearing within the time provided shall be
deemed a waiver of such right.
D. The request for hearing shall be filed with the Office
of County Manager and shall contain the following:
1. The name and address of the Applicant or Owner;
2. The legal description of the property in question;
3. If issued, the date the Building Permit was issued;
4. A brief description of the nature of the
construction being undertaken pursuant to the
Building Permit;
5.If paid, the date the Park Impact Fee was paid; and
6. A statement of the reasons why the Applicant or
Owner is requesting the hearing.
E. Upon receipt of such request, the County Manager shall
schedule a hearing before the Board at the regularly scheduled
meeting or a special meeting called for the purpose of conducting
33
the hearing and shall provide the Applicant or Owner written
notice of the time and place of the hearing. Such hearing shall
be held within forty-five (45) days of the date the request for
hearing was filed.
F. Such hearing shall be before the Board and shall be
conducted in a manner designed to obtain all information and
evidence relevant to the requested hearing. Formal rules of
civil procedure and evidence shall not be applicable; however,
the hearing shall be conducted in a fair and impartial manner
with each party having an opportunity to be heard and to present
information and evidence.
G. Any Applicant or Owner who requests a hearing pursuant
to this Section and desires the immediate issuance of a Building
Permit, or if a Building permit has been issued without the
payment of the Park Impact Fee, shall pay prior to or at the time
the request for hearing is filed the applicable Impact Fees
pursuant to Section 2.01. Said payment shall be deemed paid
under "Protest" and shall not be construed as a waiver of any
review rights.
H. An Applicant or Owner may request a hearing under this
Section without paying the applicable Impact Fee but no Building
Permit shall be issued until such Impact Fees are paid in the
amount initially calculated or the amount approved upon
completion of the review provided in this Section.
Section 3.08. Review Requirement.
A. This Ordinance and the Impact Fee Study shall be
reviewed by the Board initially in connection with its approval
of the capital improvements element of its Comprehensive Plan as
required by Section 163.3177, Florida Statutes. Thereafter, this
Ordinance and the Impact Fee Study shall be reviewed at least
every three years. The initial and each review shall consider
new estimates of population and other socioeconomic data; changes
in construction, land acquisition and related costs and
adjustments to the assumptions, conclusions or findings set forth
in the study adopted by Section 1.04. The purpose of this review
is to evaluate and revise, if necessary, the Park Impact Fee to
assure that they do not exceed the reasonably anticipated costs
34
associated with the improvements and additions necessary to
offset the demand generated by the Parks and Recreational
Facilities Impact Construction on the County Park System. In the
event the review of the Ordinance required by this Section alters
or changes the assumptions, conclusions and findings of the study
adopted by reference in Section 1.04, revises or changes the
County Park System or alters or changes the amount of Impact
Fees, the study adopted by reference in Section 1.04 shall be
amended and updated to reflect the assumptions, conclusions and
findings of such reviews and Section 1.04 shall be amended to
adopt by reference such updated studies.
B. Simultaneous with the review of the Impact Fee Study
required in Subsection A of this Section, the Board shall review
the capital improvements element of the availability and adequacy
of revenue sources to construct improvements and additions to the
County Park System determined in the Impact Fee Study to be
required to accommodate existing development.
Section 3.09. Declaration of Exclusion from Administrative
Procedures Act.
Nothing contained in this Ordinance shall be construed or
interpreted to include the County or any municipality in the
County in the definition of Agency contained in Section 120.52,
Florida Statutes, or to otherwise subject the county or any
municipality in the County to the application of the
Administrative Procedures Act, Chapter 120, Florida Statutes.
This declaration of intent and exclusion shall apply to all
proceedings taken as a result of or pursuant to this Ordinance
including specifically, but not limited to, consideration of a
petition for Vested Rights determination under Section 3.03, a
determination of entitlement to an Impact Fee Waiver or
Authorization for Deferral pursuant to Section 3.04, and a review
hearing under Section 3.07.
Section 3.10. Repeal of County Ordinances.
Collier County Ordinance No. 88-96, as amended by Ordinance
No. 91-39, as amended by Ordinance No. 92-29, as amended by
Ordinance No. 92-97, as amended by Ordinance No. 93-52, as
amended by Ordinance No. 94-6, as amended by Ordinance No. 94-17,
35
as amended by Ordinance No. 94-50, as amended by Ordinance No.
95-23, as amended by Ordinance No. 96-19, as amended by Ordinance
No. 99-23, is hereby repealed in its entirety.
Section 3.11. Inclusion in Code of laws and Ordinances.
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
Section 3.12. Severability.
If any clause, section or provision of this Ordinance shall
be declared unconstitutional or invalid for any reason or cause,
the remaining portion of said Ordinance shall be in full force
and effect and be valid as if such invalid portion thereof had
not been incorporated herein. In the event it is held or
construed by any court of competent jurisdiction that the County
does not possess the power or authority to impose the Park Impact
Fee within municipal areas or that the imposition of the Park
Impact Fees within municipal areas is declared invalid or
unconstitutional for any purpose, such declaration of
unconstitutionality or invalidity shall not affect the validity
or constitutionality of the imposition of the Park Impact Fee in
the unincorporated area of the County and it is the intent of the
County, in such event, that such imposition of Impact Fees in the
unincorporated areas remain valid and in force.
36
Section 3.13. Effective Date.
This Ordinance shall become effective upon filing with the
Florida Department of State.
DULY ADOPTED in regular session, this~ day of
~ , 1999.
__ ATTEST: BOARD OF COUNTY COMMISSIONERS
P man
. ,,.. ,..,.~,.% ...~,..., ~ ~.
Heidi F. Ashton
Assistant County Attorney
h:p~li~/hg/hfa/ord/5/99 Impact Fees - Parks and ~ecreation ~tion 1
This ordinc, mc~ (; ~'~. width the
Secreta,y c.f [,clI:="s C:([]ca the
end od<nowz7:: ~:--'n~:~ of l'nc]t
filing rec,.dve{:~ ~ht: f~day
37
Section 3.13. Effective Date.
This Ordinance shall become effective upon filing with the
Florida Department of State.
DULY ADOPTED in regular session, this~ day of
~ , 1999.
__ ATTEST: BOARD OF COUNTY COMMISSIONERS
P man
. ,,.. ,..,.~,.% ...~,..., ~ ~.
Heidi F. Ashton
Assistant County Attorney
h:p~li~/hg/hfa/ord/5/99 Impact Fees - Parks and ~ecreation ~tion 1
This ordinc, mc~ (; ~'~. width the
Secreta,y c.f [,clI:="s C:([]ca the
end od<nowz7:: ~:--'n~:~ of l'nc]t
filing rec,.dve{:~ ~ht: f~day
37
AFFORDABLE HOUSING DEFINITIONS. BENEFIT
STANDARDS. AND LIMITATIONS
The following set forth the applicable definitions and benefit standards for
Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee
waivers and deferrals (herein referred to as "benefits").
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
a) Very low income families means those families whose incomes do not exceed
fifty percent (50%) of the median income for the area as determined by the Secretary of
the U.S. Department of Housing and Urban Development (area median income).
b) Low income families means those families whose incomes are more than fifty
percent (50%) and do not exceed sixty percent (60%) of the area median income as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
c) Moderate income families means those families whose incomes are more than
sixty percent (60%) and do not exceed eighty percent (80%) of the area median income as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly
mortgage payment, including property taxes and insurance shall not be in excess of thirty
percent (30%) of the families household income. In no instance will rental limits exceed
the rental limits established by the Florida Housing Finance Agency for rents adjusted to
bedroom size in projects assisted under the SAIL Loan Program or the Low Income
Housing Tax Credit Program based on unit size.
II. BENEFIT STANDARDS
a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very
low income families and which are the owner's homestead shall have one hundred percent
(100%) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee
Ordinance.
b) Affordable Housing rental Dwelling Units which exclusively serve very low
income families shall have one hundred percent (100%) of the applicable Impact Fee
deferred pursuant to the terms of the Impact Fee Ordinance.
c) Affordable Housing owner-occupied Dwelling Units which exclusively serve
low-income families and which are the owner's homestead shall have fifty percent (50%) of
the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact
Fee deferred pursuant to the terms of the Impact Fee Ordinance.
d) Affordable Housing rental Dwelling Units which exclusively serve low income
families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty
percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact
Fee Ordinance.
e) Affordable Housing owner-occupied Dwelling Units which exclusively serve
moderate income families and which are the owners homestead shall be required to pay
twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five
percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact
Fee Ordinance.
f) Parks and Recreational Facilities Impact Construction which meets the cdteria
set forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier
County or by an Independent Governmental Agency pursuant to an interlocal agreement
with Collier County and which construction is one hundred percent (100%) government
funded shall have one hundred percent (100%) of the Impact Fees for that construction
waived, pursuant to the terms of the Impact Fee Ordinance.
NOTE: An Amendment to the Appendix shall require a public hearing of the Board of
County Commissioners occurring after 5:00 p.m.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
.ORDINANCE NO. 99-39
Which was adopted by the Board of County Commissioners on the
25th day of May, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 25th day of May,
1999.
Clerk of'Courts
By: Lisa Steel~e',~='=h'~