Ordinance 97-43 ?",c~. ...~ ~, ./
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AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
90-87, AS AMENDED, BY AMENDING APPENDIX C TO SAID
ORDINANCE, TO EXCLUDE CERTAIN ADDITIONAL AREAS FROM
THE IMPOSITION OF SEWER IMPACT FEES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR THE INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County on November 27,
1990 enacted Collier County Ordinance No. 90-87, establishing a Collier County Regional
Sewer Systems Impact Fee Ordinance; and
WHEREAS, the Board of County Commissioners on November I0, 1992 enacted
Collier County Ordinance No. 92-92, amending Appendix C to Collier County Ordinance No.
90-87 addressing excluded areas from the imposition of sewer impact fees; and
WHEREAS, the Board of County Commissioners has alternative, cumulative and
supplemental authority to plan for and provide water and sewer systems under the Laws of the
State of Florida, including but not limited to Chapters 125, 153 Part I1, 163, and 380, Florida
Statutes; Chapters 67-1246, 78-489 and 88-499, Laws of Florida; and Article VIII of the
Constitution of the State of Florida; and
WHEREAS, the Board of County Commissioners determines that it is in the best
interests of the County to amend Appendix C of Collier County Ordinance No. 90-87, as
amended, to exclude certain other areas of the County from the collection of sewer impact fees
the County is not presently planning to provide sewer service to these areas.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Section One: Appendix C of Collier County Ordinance No. 90-87, as anzended, is hereby
amended to read as follows: ~ ,.-.
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APPENDIX C
AREAS GENERALLY EXCLUDED FROM IMPOSITION OF SEWER IMPACT FEES
Lands within Collier County generally excluded from the definition of Sewer System
Impact Development as defined in the Collier County Regional Sewer System Impact Fee
Ordinance, Collier County Ordinance No. 90-87, as amended:
A. Those areas lying within the Marco Water and Sewer District. Exclusion of the
Marco Water and Sewer District recognizes this area is not presently planned to be served by
treatment capabilities of the Regional Sewer System.
B. Those areas lying within the Goodland Water District. Exclusion of the Goodland
Water District recognizes that this area is not presently planned to be served by the treatment
capabilities of the Regional Sewer System.
C. Golden Gate Estates, Unit No. !, Plat Book 4, Page 73, Public Records of Collier
County, Florida.
D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public Records of Collier
County, Florida.
E. Golden Gate Estates, Unit No. 3, Plat Book 4, Page 77, Public Records of Collier
County, Florida.
F. Golden Gate Estates, Unit No. 4, Plat Book 4, Page 79, Public Records of Collier
County, Florida.
G. Golden Gate Estates, Unit No. 26, Plat Book 7. Page 15, Public Records of Collier
County, Florida.
H. Golden Gate Estates, Unit No. 27, Plat Book 7, Page 17, Public Records of Collier
County, Florida.
1. Golden Gate Estates, Unit No. 28, Plat Book 7. Page 19, Public Records of Collier
County, Florida.
J. Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier
County, Florida.
K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier
County, Florida. This subdivisign iS now part of Flp~da Citi¢~ Water Cgmpany'~s certi~cated area.
I.. Golden Gate Estates, Unit No. 3 I, Plat Book 7, Page 59, Public Records of Collier
County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area.
M. Golden Gate Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier
County, Florida.
N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier
County, Florida.
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Words underlined are added; works ~truck~hrou~ are deleted.
O. Golden Gate Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier
County, Florida.
P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier
County, Florida.
Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier
County, Florida.
R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier
County, Florida.
S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier
County, Florida.
Exclusion of the above-referenced platted areas in Golden Gate Estates recognizes that the
nature of the previous development, r~latting of these areas primarily into large residential tracts, the
present zoning and constraints of the Comprehensive Plan have severely limited the density and use
of these areas in such a way as to make it impractical to serve most of these areas in the foreseeable
future via the Regional Sewer System or any other centralized sewer utility.
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T. Those areas lying within the Pine Ridge Subdivision as included in Plat Book 3, Page
24, Public Records of Collier County, Florida.
U. Pine Ridge Extension, PJat Book 3, Page 5 l, Public Records of Collier County, Florida.
V. Pine Ridge Subdivision, Plat Book 4, Page :29, Public Records of Collier County,
Florida.
W. Pine Ridge Extension, Plat Book 10, Page 86, Public Records of Collier County,
Florida.
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Words underlined are added; works struck throuEh are deleted.
X. Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier
County, Florida.
Exclusion of the platted areas in the Pine Ridge Subdivision recognizes that the nature of
the previous development, platting of these areas primarily into large residential tracts, the present
zoning and constraints of the Comprehensive Plan have severely limited the density and use of these
areas in such a way as to make it impractical to serve most of these areas in the foreseeable future via
the Regional Sewer System or any other centralized sewer utility.
Y. Those areas lying within the Marco Shores S'a"...dai':i:i0n. Unit I, within Sections 26 and
27, Township 52 South, Range 26 East and recorded in Plat BOOk 14. page ~34 of the Public Records
of Collier County. Florida. Exclusion of the Marco Shores S'.:'M!';i:i.~n Unit I, recognizes that this
area is not presently planned to be served by treatment capabilities of the l~egional Sewer System.
Z. Ridize Farms Subdivision fnot t~latted) - Begin at Sou~ea.St Comer of SectiOn 6,
TOwnship 49 South. Range 26 East, Collier County, Florida; thence north 88 degrees ~0 minute;
15 seconds .east along the south line of said Section 6; thence north 0 degrees 13 min. ute; 20
Seconds west along the east line of Section 6 a distance Of 3044,40 feet to the east quarter comer;
thence continuing nO.rth ...along said line, a distance of 428.84 fe.et; thence le.aving said east line
n, orth 88..degrees 40 .min.utes 58 seconds wei~, a distance of 1285 80 feet: thence south I destree
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Words ~nderlined are added; works struck throu~ are deleted.
10 minutes 35 seconds cast, a dila~nce of 523.35 feet: ~cnce south 0 degrees O0 minutes O0
seconds east. a distance of 137,19 feet; thence north 88 degrees 41 minutes 53 seconds west. a
distance of;~959.46 feet to the east line ofafo.resaid Section 6; thenc~ south 0 deuces O0 minutes
00 seconds east along said east line a distance of ;t038.77 feet tO the POint Of beginning: said
~l{~l~cribed tract containimz 371.460 acres. more or less. Mor~ generally described as tho~
properties adjacent to Or abutting; Hunters Road, Livingston Road, and Daniels Road,
AA. Areas North of Radio Road - located within Section 31. Township 49 South. Range
26 East, COllier County, Florida, more specifically described as those prQp~.rties adjacent to or
abutting; San Marco B!vd., St Clair Shores Road. Owen..Lane, and Family Circle Lane.
BB. CocQnut Creek, Unit I., according to Plat Book 1, page I08, Public Records. Of
COllier County, Florida; Coconut Creek. Unit 2. Plat Book 3. Pa_~e 4. Public Record of Collier
COunty, Florida; Coconut Creek, .Jnit 3, Plat Book ;1, Page 4.8,. public RecOrds of Collier
County, Florida; Westview Plaza, Plat Book 1;1, Page. 50, Public Records of Collier County,
Florida; more .specifically described as those properties ariaCent 19 or abutting; Lorraine Road,
Kathy Street, Gall BIrd., Esther Street, D.o. nna.ROad, Westview Drive, and North Road.
CC. All of Section 8, Township 50 South. Range 26 East (exCluding Falling Waters);
Part~. of Section 9, Towns. hip 50 South, R. ang. e 26 East; Parts of .Section 16, Township 50 South,
Range 26. Eas. t; P..art of Section 17, TOwnship 50 South, Range 26 East; and p.art of Section 7,
Township 50 South, Range 26 .East all of Collier County, Florida; more sp~ci.~caliy described as
those properties adjacent.tO or abutting: Heritage Trail. Unity Way. CODe Lane, Crews ROad,
County Barn Road, Sheddon Lane, Whittaker Road, Sunset BIvd., Sandy Lane, AdkinS Avenue,
Everett Street, Polly Ave.,. W. endy Lane, Landsdale Lane and Cynthia Way~
DD. Those areas Iyi.ng within the Key MarCo Community Development DistriCt.
li~xcltmion of the Key Marco Community Development District recognizes t.hat this area is
outside the Collier County Water-Sewer District.
EE. All those areas lying within the COllier County .Water and Wastewater AuthOri~
certificated areas of Florida Cities Water Comp.any, ,and FlOrida Water Services (;orporation
(formerly known as Southern States Utilities, Inc.), or their successo. rS or assigns. located withiB
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Words underlined are added; works $~ruck thrcuih are deleted.
Collier County. Florida. The only cxcentions to this PrOvision to provide service within
certi~cated areas may exist when all oarties enter into a written a~ecrnent for sewer service.
FF. ThOse areaS located within the City of Naples servic~ areaS a~ descried in the
October. 1977 City/County Av. reement and amer~dment$ thereto,
GG. Area of CR951 and US4I; one mile sections that run west of the Collier Cottaw
Water-Sewer District Boundary as described: All of Section 36. Township 49 South. Pxl~l~e 26
East: All of SectiOns 1.11, 14, 23, 26 and 35, TownShip 50 South, Range 26 East; All of Section
2. TOwnship 51 South, Range 26 East; Parts of Sections I. 11. and 12. Township 51 South,
Range 26 East; Pans of SectiOns 7, 8, 16, 17, 18, 20, 21,22. and 27, TOwnShip 51 South, Range
27 East all of Collier County, Florida.
I-IH. Four Seasons. accordim~ to Plat Book 10. Pa~ze 95. Public RecOrds Of Collier
County, Florida; Four Seasons Unit 2, according to Plat Book 12. Page 6, Public RecOrdS of
Collier County. Florida.
l I. Quail Woods, previously known as Edgewild, according to Plat Book 13, Page 44,
Public Records of Collier County, Florida; more specifically described as all single family lots
adjacent to Or abutting; The Lane.
Jj. Tall Pines, according to Plat Book 12, Page 70, Public Record of Collier County,
Florida.
However, all of the above exclusions are not absolute and lands lying within the excluded
areas which either are required to or request connection to the Regional Sewer System, or
otherwise create a growth necessitated demand tO expand the RegiOnal Sewer SyStem, shall be
subiect to the imoQ$itiOn of impact fee~; under Section 2.01 of the Collier County Regional Sewer
System Impact Fee Ordinance in the Same manner as if Said lands were characterized as Sewer
System Impact Development.
Section Two: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held
invalid or unconstitutional by any court of cotnpetent jurisdiction, such portion shall be deemed a
Words U~,d_e_[~i_n_~d are added; works Gtruck through are deleted.
separate, distinct and independent provision and such holding shall not affect the validity of ~e
remaining portion.
Section Three. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be r~nurnbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
Section Four. Effective Date.
This Ordinance shall become effective upon filing this Ordinance with the Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this FTgbday ~, 1997.
~T D. BROW_, Clerk BOARD OF COUNTY COMMISSIONERS
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~' ' T~is ordinonce ~ '~H with the
Approved as to form and Secretary of Sto,,,", Of/ice the
legal sufficiency: /;,~'day o~ -~(~----, / '* ~Z
and ocknowledgem'~t of that
filing ceived this ~ ck~y
Assistant County Anomey
Words underlined are added; works ctrack ......... are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
e Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-43
Which was adopted by the Board of County Commissioners on the 9th day
of September, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of September,
1997.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of E '.. ~ [:f ' -...,..
County Commissioners
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By: /s/Susan Barbireit~
Deputy Clerk ~
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