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Ordinance 93-82
COLLIER COU~L~ ~DE~UATB PUBLX(~ F~CILXTIES ORDTi'~ANCB ORDINANCE NO, ~3- R2,. u~ ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY QUATE PUBLIC FACILITIES ORDINANCE, PROVIDING ~OR FINDINGSI PROVIDING FOR SHORT TITLE, AUTHORITY ~D APPLICABILITY I PROVIDING FOR INTENT AND PURPO~ ~ PROVIDING FOR DEFINITIONS~ PROVIDING FOR RULES ~F CONSTRUCTION~ PROVIDING FOR THE GENERAL REQUI~ THAT ADEQUATE PUBLIC FACILITIES BE AVAILABLE FOR ~ DEVELOPMENT ~ PROVIDING FOR MANAGEMENT AND MONITORING PROGRAM, ANNUAL INVENTORY UPDATE REPORT, ANNUAL CIE AND AMENDMENT, ANNUAL BUDGET! PROVIDING FOR THE REGULATORY PROGRAM TO ENSURE ADEQUATE PUBLIC FACILITIES ARE AVAILABLE ~ PROVIDING FOR LIBERAL CONSTRUCTION, SEVERABILITY, AND PENALTIES~ PROVIDING FOR EFFECT OF PRIOR REFERENCES TO PREVIOUS ADEQUATE PUBLIC FACILITIES ORDINANCE~ PROVIDING FOR THE REPEAL OF ORDINANCE 90-24, AS AMENDED, THE PREVIOUS ADEQUATE PUBLIC FACILITIES ORDINANCE~ PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: 1.1 Collier County, pursuant to Section 1.63.3161, Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter "the Act"), is required to prepare and adopt a Comprehensive Planl and 1.2 As part of that Comprehensive Plan, the County is required to prepare and adopt a Capital Improvement Element (CIE) which covers et least a five (5) year period and is designed to consider the need for and location of public facllities~ and 1.3 The CIE is required to: 1.3.1 establish a level of service to determine the adequacy of public facilities~ and 1.3.2 based upon the established level of service, estimate public facility needs both to correct existing deficiencies and accommodate needs projected by new growth and de~elopment~ and 1.3.3 based on public facility needs, project costs to provide the necessary public facilities and find realistic revenue sources to fund the public faciltties~ and 1.4 The Comprehensive Plan with the CIE is designed to ensure that adequate public facilities are available concurre,t with the impact of developmentl and 1.5 After adoption of the Comprehensive Plan, the Act mandates that Collier County adopt Land Development Regulations that implement the Comprehensive Plan~ and 1.6 Section 163.3177(10)(h), Florida Statutes, provides that public facilities and services needed to support development must be available concurrent with the ~mpacts of such development~ and 1.7 Section 163.3202(2) (g), Florida Statutes, also provides that not later than one (1) year after its due date established by the State land planning agency's rule for submission of local Comprehensive Plans, a local government shall ~lot issue a development order or permit which results in a reduction in the level of service for the affected public facilities below the level of service provided in the Comprehensive Plan and CIE~ and Doc. Ref: 6515 BO~K O~*P~£ 7~ '~'~;~: 1.8 Rule 9~-5.0055, Florida Ad~inistrative Code (F.A.C.) ~:!!~ requires that a concurrency manaqement system ~ust be implemented '!' after adoption of a Comprehensive Plan with its CIE to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development~ end 1.9 On January 10, 1989, Collier County adopted the Collier County Growth Management Plan including a CIE pursuant to the require- ments of Section 163.3161 e~. ~., Florida Statutes~ and 1.10 In March 1990, Collier County adopted its Adequate Public Facilities Ordinance (Ordinance No. 90-24) which implemented the Concurrency Management System of the Growth Management Plan~ and 1.11 In September 1990, certain provisions of the Adequate Public Facilities Ordinance regarding the implementation of concurrency were challenged pursuant to Section 163.3213, Florida Statutee~ and 1.12 On November 26, 1990, the Department of Community Affairs held a preliminary hearing pursuant to Section 163.3213(4), Florida Statutes, to determine whether or not the challenged portions of the Adequate Public Facilities Ordinance were consistent with the CIE of the Growth Management Plan~ and 1.13 On December 6, 1990, the Department of Community Affairs issued its Final Order determining that certain provisions of the Adequate Public Facilities Ordinance were inconsistent with the CIE of the Growth Management Plan~ and .~. 1.14 On February 6, 1991, the Department of Community Affairs ~):~ and others petitioned the Division of Administrative Hearings on the issue of consistency of certain provisions of the Adequate Public Facilities Ordinance with the CIE of the Crowth Management Plan pursuant to Section 163.3213(5)(b}, Florida Statutes~ and 1.15 An administrative hearing was conducted in Collier County between July 22 and July 26, 1991, wherein the Division of Administrative Hearings Hearing Officer heard testimony and received . evidence concerning the issue of the consistency of the Adequate Public Facilities Ordinance with the CIE of the Growth Management Plan~ and 1.16 On August 27, 1992, the Hearing Officer issued a final order finding certain of the challenged portions of the Adequate Public Facilities Ordinance inconsistent with the CIE of the Growth ¥' Management Plan and recommending the imposition of substantial sanctions upon Collier County es a result pursuant to Section 163.3213(6), Florida Statutes~ and 1.17 On March 16, 1993, the Board of County Commissioners of Collier County entered into a Stipulated Settlement Agreement with the Department of Community Affairs and the other parties to the Adequate Public Facilities Ordinance challenge in which it was agreed that Collier County would amend the Concurrency Management System of the CIE pursuant to Rule 0J-§.0055, F.A.C., and later amend certain portions of the Adequate Public Facilities Ordinance causing it to become consistent with the Concurrency Management System amendments to the CIE~ and 1.18 On April 13, 1993, the Administration Commission issued its Final Order Number AC-93-036, approving the Stipulated Settlement Agreement and directing Collier County to adopt the remedial amend- mentea to the Concurrency Management System of the CIE and amendments to the Adequate Public Facilities Ordinance (Ord. No. 90-24). 1.19 On July 27, 1993, the Board of County Commissioners of Collier County did take action in the manner prescribed by law~ did hold public hearings concerning the adoption of the remedial plan amendment and did adopt such amendment as Ordinance No. 93-41~ and Doc. Raf~ 6515 1.20 The Collier County Planning Commission and the Board of !* County Com~issioners find that this Ordinance is consistent with and furthers the Collier County Growth Management Planl and 1.21 It is the intent of the Board of County Commissioners o£ Collier County to implement the "concurrency requirements" of the Collier County Growth Management Plan, Section 163.3177(10)(h) and 163.3202(2)(g), Florida Statutes, and Rule 9J-5, F.A.C. SEC. 2. SHORT TITLE. AUTHORITY AND APPLICABILITY. 2.1 ~ This Ordinance shall be known and may be cited as the "Collier County Adequate Public Facilities Ordinance." 2.2 ~ The Board of County Commissioners of Collier County has the authority to adopt this Ordinance pursuant to Article VIII, Section l(f), Fla. Const., Section 125.01 et. sea., Florida Statutes, Section 163.3161 et~., Florida Statutes, Section 163.3161(8), Florida Statutes, Sections 163.3177(10)(h) and 163.3202(2)(g), Florida Statutes, and Rule 9J-5, F.A.C. '2.3 Applicability.. This Ordinance shall apply to all development in the total unincorporated area of Collier County, and to all public facilities owned by Collier County in the incorporated or u~incorporated areas, of Collier County, and to all privately-owned public facilities where the level of service has been established by the County. ~.i-' SEC.3. I~TENT AND PURPOSE 3.1 Intent. This Ordinance is intended to implement and be consistent with the Collier County Growth Management Plan, Section 163.3161 et. seq., Florida Statutes, and Rule 9J-5, F.A.C., by ensuring that all development in Collier County be served by adequate public facilities. 3.2 ~urp~ose. This objective is accomplished by (1) establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities · to service development, and (2) by establishing a regulatory program that ensures that each public facility is available to serve develop- ment concurrent with when the impacts of development occur on the public facilities. 3.3 ~inimum Reauirements. The provisions of this Ordinance An their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and ~.!. objectives of this Ordinance. 4.1 Annual Update and Inventory Report or AUIR means the County report on public facilities described in Section 7.2. 4.2 ~DDlication for Development Approval means an application submitted to Collier County requesting the approval of a development order. ," 4.3 Capital Drainaae Facilities mean the planning of, engineering for, acquisition of land for, or the construction of drainage and water management facilities necessary for proposed · development to meet the LOS for drainage facilities. 4.4 gaDital Park Facilities mean the planning of, engineering for, acquisition of land for, or construction of buildings and park equipment necessary to meet the LOS for park facilities. 4.5 Capital Road Facilities or Capital Road Improvement shall include transportation planning for, right-of-way acquisition for, engineering for, and construction of any project eligible for Doc. Ref: 6515 ~lnolusion as a road project in the road component of the CIB of the Collier County Growth Management Plan or the Five Year Florida Department of Transportation Plan. 4.6 Capital Potable Water Fac~litieS mean the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for potable water 4.7 Capital Sanitary Sews= Fac~lities mean the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. 4.8 Camital Solid Waste Facilit~e~ mean the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for solid waste facilities. 4.9 Comurehensive Plan means a plan that meets the require- ments of Sections 163.3177 and 163.3178, Florida Statutes, and shall mean the Collier County Growth Management Plan, where referenced in this Ordinance. 4.10 Deficient Road Segment means the following= 4.10.1 A County or State road segment on the Major Road Network System that either: 4.10.1.1 has an adopted LOS "C" peak season, peak hour, that has operated below LOS "C# peak season, peak hour, based on the Annual Update and Inventory Raper1: ("AUIR")I or. 4.10.1.2 has an adopted LOS "D" peak season, peak hour, that has operated below LOS "D" peak season, peak hour, for two (2) years or more based on the AUIR~ or 4.10.1.3 has an adopted LOS "Du peak season, peak hour, that is operating below LOS #Eu, peak season, peak hour, based on the AUIRI or 4.10.1.4 has an adopted LOS "E' peak season, peak hour, that is operating worse than LOS "E" peak season, peak hour, based on the AUIR. 4.10.2 In determining the capacity of a County road segment or a State road segment for the purpose of determining whether it is a deficient road segment, the County shall consider~ 4.10.2.1 any Capital Road Improvement currently in place~ 4.10.2.2 any Capital Road Improvement that is under construction~ 4.10.2.3 any Capital Road Improvement guaranteed ~n an enforceable development agreement that includes the provisions ~n subsections 4.10.2.1 and 4.10.2.2~ 4.10.2.4 the actual construction of the required Capital Road Improvement is included and is scheduled to commence in or before the third year of the State's Five (5) Year Work Program and the County's current five (5) year Capital Improvement Schedule adopted as part of the Growth Management Plan~ and 4.10.2.5 the Board of County Commissioners has made an express finding, after a public hearing, that the current five (5) year Capital Improvement Schedule is based on a realistic, financially feasible program of funding from existing revenue sources. Doe. Ref~ 6515 4,11 ~ means any person, including a govermnental agency, undertaking any development as defined in this Ordinance, 4.12 Develonment Aareement has the meaning contemplated in Section 163.3220 ~11 sea., Florida Statutes. 4.13 ~ has the meaning given it in Section 380.04, Florida Statutes. 4.14 DeveloDmen~ Order means any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, tempora~ use pe~it, tempora~ const~c~lon and d,velo~ent pe~t, sign pe~it, well pe~l~, spot su~ey~ elec~rical ~it, plying pe~lt, occupational license, boat dock pe~lt, ~AC pe~t, septic tank excavation pe~lt, const~c2ion approval for infrast~cture (including water, sewer, grading, paving), approved development of regional ~mpact (DRI), zoning ordinance amendment, comprehensive plan amen~ent, flood variance, coastal const~ction control line variance~ tree removal pe~its, site development plan approval, subdiv~sion approval (~ncluding plats, plans, variances, and amendments), rezon~ng, ~D amendment, certification, conditional use (provis~onal use), variance, or any other official action of Collier County hav~ng ~e effect of pe~itting development as defined In this Ordinance. 4.15 Final Develonment Order means a final local development order or a final DRX development order. 4.X6 Final DRI Develonment Order means a development order, ae amended from time to time, adopted by the Board of County Commissioners of Collier County and approved by the State pursuant to Section 380.06, Florida Statutes, notice of which is recorded pursuant to Section 380.06(15)(f), Florida Statutes. 4.17 Final Local Development OrdEr means any valid, unexpired building permit or mobile home tie-down permit issued by the County. 4.18 Growth Management Chief means the Growth Management _Chief or hie designee. 4.19 Growth Manaaement Pla~ or GMP means the most recently : , adopted and effective Comprehensive Plan of Collier County, as amended [:.:/ from time to time. 4.20 Land Develonment Reaulations mean Ordinances enacted by ;." Collier County pursuant to Section 163.3161 et. sea., Florida Statutes, for the regulation of development, and includes any zoning, subdivision, impact fee, building construction, or sign regulations, or any other regulations controlling the development of land. 4.21 Level of Service fLOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by a public facility based on and related to the operational characteristics of the public facility, as adopted in the Collier County Growth Management Plan. LOS shall indicate the capacity per unit of demand for each public facility. 4.21.1 Level of Service Calculations for Road~ mean calculations that are performed annually following the end of the calendar year by comparing average annual daily traffic counts to the annual average daily traffic service volume look-up tables in the Traffic Circulation Element. These tables are calculated to express the annual average daily traffic volumes based upon the 100th highest volume hour of the year, or peak season, peak hour. Annual average daily traffic (AADT)is generally calculated as the average of a dally 24-hour two-way volume, counted in each of the four seasons of the year. On some low volume roads, a single annual count may be taken and factored to the annual average daily traffic volume using a monthly or quarterly factor. 4.22 LOS for Capital Drainaae FacilitAem varies among 1) new or existing capital drainage facilities owned or operated by a local government or other public entity, 2) existing capital drainage facilities owned or operated by private persons, and 3) new capital drainage facilities owned or operated by private persons. For those capital drainage facilities (publicly or privately owned) that are in existence on the effective date of this Ordinance and for those new capital drainage facilities owned or operated by a local government or ©that public entity, the LOS is the existing LOS as identified (by ~eeign storm return frequency event) in the Collier County Water Management Master Plan. For new capital drainage facilities owned or operated by private persons, the LOS is identified in the Drainage ~lub-Element and Capital Improvement Element Policy 1.1.5.A.3 (present requirements are a 25-year, 3-day storm event) and is based on those ,tandards and requirements for renewal and approval of drainage and ntormwater management plans established in the Collier County Water }~anagement Policy Ordinance, Ordinance No. 74-50, as amended, and Ordinance No. 90-10 which are incorporated herein by reference. 4.23 LOS for Capital Park Facilities means 2.9412 acres per 1,000 persons for regional park land~ 1.2882 acres per/I,000 persons for community park land~ and $122 of capital investment per capita (at current cost) for recreational facilities. 4.24 LOS for Capital Potable Water Facilities varies between public water systems and private water systems. For public water systems, the LOS is 135 gallons per capita per day (gpcd), plus 21% for non-residential development (except in the Marco Water and Sewer District), making the LOS 163 gpcd. The LOS in the Marco Water and Sewer District ia 200 gpcd (with no 21% adjustment). For private potable water systems, the LOS is as follows, except that approved private wells ara exempt from these LOS requirements= Gallons Per ~., ~;TVDe of Establishment ._~ ......Airports (a) per passenger .~:.. '. (b) add per employee 20 Barber and beauty shops (per chair) 100 Bowling alleys (toilet wastes only per lane) 100 .- Cotmtry Club (a) per resident member 100 (b) per member present (c) per employee 20 Dentist Offices (a) per wet chair 200 (b) per non-wet chair 50 Do~ors offices (per doctor) 250 Fac~ories, exclusive of Industrial wastes (gallons per ' person par shift) (a) no showers provided 20 (b) showers provided 35 Food Service Operations (a) ordinary restaurant (per seat) 50 (b) 24 hour restaurant (per seat) 75 (c) single service articles only (per person) 25 (d) bar and cocktail lounge (per person) 30 (e) drive-in restaurant (per car space) 50 (f) carry out only 1. per 100 square feet of floor space 50 2. add per employee 20 (g) Institutions (per meal) 5 Motels and motels (a) regular (per room) 150 (b) resort hotels, camps, cottages (per p~rson) 75 (c) add for establishments with self service laundry facilities (per machine) 400 Office building (per employee per 8 hour shift) 20 Service stations (per water closet and per urinal) 250 Shopping centers without food or laundry (per square foot of floor space) 0.1 Doc.' Ref: 6515 ~;~e of EstaBlishment ~ ~.... Stadiums, race tracks, hall parks (per seat) 5 Stores per square foot of floor space 0.1 ~:. Theatres (a) indoor, auditoriums (per seat) 5 (h) outdoor, drive-ins (per space) 10 , Trailer/Mobile Home Park (per trailer space) 200 Travel trailer/recreational vehicle park (a) Travel trailer (over~ight), without water and sewer hookup (per trailer space) 75 (b) Travel trailer (overnight), with water and sewer hook-ups (per trailer space) 100 Swimming and bathing facilities, publio (per person) 10 Churches (per seat) 3 Hospitals (per bed) 200 Nursing, rest homes (per bed) 100 ,..~..~ Parks, publio picnic .. (a) with toilets only (per person) 5 : (b) with bathhouse, showers and toilets (per person) 10 Public institutions other than schools and hospitals i'}, (per person) 100 ;~':. Schools (per student) (a) day-type 15 · (b) add for showers 5 :,. (o) add for cafeteria 5 (d) add for day school workers 15 -.i: , · : (e) boarding-type 75 "Work/Construction camps .... Sem~-permanent (per worker) 50 Residences :"/ (a) Single or multiple family (per dwelling unit) ~' I bedroom and 600 square feet or less heated or ? cooled area 150 · ;~ '.' 2 bedrooms and 601 - 1000 square feet heated or ,¢~. · cooled area 300 3 bedrooms and 1001 - 2000 square feet heated or cooled area 450 -. 4 or more bedrooms and more than 2000 square feet heated or cooled area 600 :..~ (b) Other (per occupant) 75 ~.:' 4.25 LOS for Capital Road Facil~ties on the Major Road Network System varies depending on the type of road, and is based on a !' defined peak season, peak hour. The LOS on the following County roads ~s LOS "E" peak season, peak hour: ' Road Seament ~.' Airport Road Pine Ridge Road to Golden Gate ~, Parkway ~' Golden Gate Parkway Airport Road to Santa Barbara Boulevard ~:.. Goodlette-Frank Road Pine Ridge Road to Golden Gate :. Parkway 'if':' Goodlette-Frank Road Golden Gate Parkway to U.S. 41 Pine R~dge Road Airport Road to 1-75. On all other County roads on the Major Road Network System, the LOS is "Dw peak season, peak hour~ however such a County road segment may operate at LOS #E," peak season, peak hour, for a period not to exceed two (2) fiscal years so as to provide Collier County time to make the Capital Road Improvements needed to restore the road to LOS "D" peak season, peak hour, or better. The LOS on State and Federal roads shall be as follows based on peak season, peak hour: Doo. Ref= 6515 Existing Transitioning Roa~ ~ Urbanized Ar~a ~ X-75 B . C C US 41 C D C SR-84 C D C ~' SR-951 - D ~ · SR-29 C - - SR-82 C - - 4.26 LOS for Capital Sanitorv Sewer Facilities varies between public sanitary sewer systems and private sanitary sewer systems. The LOS for public sanitary sewer systems is 100 gallons per capita per day (gpcd), plus 21% for non-residential development, making the LOS 121 gpcd. The LOS for private sanitary sewer systems is as required by the Stats of Florida in Chapter 10-D-6, F.A.C. These standards vary according to the type of land use. They are as follows, except that approved private septic systems are exempt from these LOS requirements~ Gallons Per TFoe of Establishment ~ '~"~,.....' (a) per passenger 5 ?~'..~'-'.-~" (b) add per employee 20 "Barber and beauty shops (per chair) 100 Bowling alleys (toilet wastes only per lane) 100 Country Club (a) per resident member 100 (b) per member present 25 (c) per employee 20 . Dentist Offices ':~':.. ' .'. (a) per wet chair 200 /...., %'/ (b) per non-wet chair 50 i?'? .~Doc~cors offices (per doctor) 250 :;!""' Factories, exclusive of industrial wastes (gallons per person per shift) (a) no showers provided 20 -- (b) showers provided 35 Food Service Operations (a) ordinary restaurant (per seat) 50 (b) 24 hour restaurant (per seat) 75 (c) single service articles only (per person) 25 (d) bar and cocktail lounge (per person) 30 (e) drive-in restaurant (per car space) 50 (f) carry out only 1. per 100 square feet of floor space 50 2. add per employee 20 Hotels and motels (a) regular (per room) 100 (b) resort hotels, camps, cottages (per person) 75 (c) add for establishments with self service laundry facilities (per machine) 400 Office building (per worker) 20 Service stations (per bay) 500 Shopping centers without food or laundry (per square foot of floor space) 0.1 Stadiums, race tracks, ball parks (per seat) 5 Stores (without food service) (a) private toilets, for employees only (per employee) 20 (b) public toilets (per square foot of floor 0.1 space) Theatres (a) indoor, auditoriums (per seat) 5 (b) outdoor, drive-ins (per space) 10 Trailer/Mobile Home Park (per trailer space) 200 Travel trailer/recreational vehicle park (a) Travel trailer (overnight), without water and Doc. Ref~ 6515 ~/, Gallons Per i~,:~v~e o~ Zstablishment sewer hookup (per trailer space) 50 (b) Travel trailer (overnight), with water and sewer hook-ups (per trailer space) 100 Swimming and bathing facilities, public (per person) 10 Churches (per seat) 3 Hospitals (per bed) 200 Nursing, rest homes (per person) 100 Parks, public picnic (a) with toilets only (per person) S (b) with bathhouse, showers and toilets (per person) 10 Public institutions other than schools and hospitals (per person) 100 Schools (per student) (a) day-type 15 (b) add for showers S (c) add for cafeteria S (d) add for day school workers 15 (e) boarding-type 75 wOrk/Construction camps ertl-permanent (per worker) SO Residences (a) single family (per bedroom) 1SO (b) apartment (per bedroom) 150 (c) mobile home not in a trailer park (per bedroom) 1S0 (d) other (per occupant) 75 4.27 LOS for Capital Solid Waste Facilities requires sufficient capital solid waste facilities to dispose of 1.39 tons of solid waste per capita per year. In addition, the LOS requires two (2) years of landfill lined cell disposal capacity at present fill rates and ten (10) years of landfill raw land capacity at present fill rates. 4.28 LOS .c" peak season, peak hour is in the range of stable flow, but marks the beginning of the range of flow in which the operation of individual users becomes significantly affected by inter- · actions with others in the traffic stream. The selection of speed is affected by the presence of others, and maneuvering within the traffic stream requires substantial vigilance on the part of the user. The general level of comfort and convenience declines noticeably at this level. LOS "C" peak season, peak hour, is based on the one hundredth (100th) highest hourly traffic volumes during a calendar year for the various types of Roads defined by Special Report 209, "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., 1985, or subsequent revisions thereto. 4.29 LOS "D" peak season, peak hour represents a high- density, but stable, flow. Speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level. LOS "D" peak season, peak hour, is based on the one hundredth (100th) highest hourly traffic volumes during a calendar year for the various types of Roads defined by ~oecial Report 209. "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., 1985, or subsequent revisions thereto. 4.29.1 LOS "E" Desk season. Desk hour represents operating conditions at or near capacity. All speeds are significantly reduced. Freedom to maneuver is difficult. Comfort and convenience is extremely poor, and motorist frustration is generally high. LOS "E" peak season, peak hour, is based on the one hundredth (100th) highest hourly traffic volumes during a calendar year for the various types of Roads defined by Special Reuort 209, "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., 1985, or subsequent revisions thereto. Doc. Ref: 6515 4.30 peak season. Desk hour is considered to be the 100th highest volume hour of the year, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the 1985 Hiahwav Capacity Manual (or its current edition). For planning and concurrency applications, peak season, peak hour conditions are converted to annual-average daily traffic (AADT) level of service maximum volumes and are presented in a series of look-up tables adopted in the Traffic Circulation Element of the Growth Management Plan. 4.31 Ma4or Road Network .~vstem means all arterial and collector roads within the total unincorporated Collier County. The Ma~or Road Network System is depicted in the Traffic Circulation Element of the Collier County Growth Management Plan. 4.32 Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a Joint or common interest, or any other entity, and its designated agents, successors or assigns. 4.33 potentially Deficie~% Road Seament means the following: 4.33.1 A County or State road segment on the Major Road Network System whose adopted LOS standard ia LOS #C" or LOS "Dm, peak season, peak hour, that is presently operating at its adopted LOS, or whose adopted LOS is LOS "D" peak season, peak hour, and has operated at LOS mB" peak season, peak hour, for two (2) years or less, based on the AUIR. A potentially deficient road segment which has an adopted LOS ~D" peak season, peak hour, may operate at LOS "E", peak season, peak hour, for two (2) years before it shall become a deficient road segment~ 4.33.2 A County or State road segment on the Major Road Network System whose adopted LOS standard is "E", peak season, peak hour, that is presently operating at LOS "E" peak season, peak hour, based on the AUIR. 4.33.3 In determining the capacity of a County road segment or a State road segment for the purpose of determining whether - it is a potentially deficient road segment, the County shall consider: 4.33.3.1 any Capital Road Improvement currently in place~ 4.33.3.2 any Capital Road Improvement that is under construction~ 4.33.3.3 any Capital Road Improvement guaranteed in an enforceable development agreement that includes the provisions in Subsections 4.33.3.1 and 4.33.3.2~ 4.33.3.4 the actual construction of the required Capital Road Improvement Is included and is scheduled to commence in or before the third year of the State's Five (5) Year Work Program and the County's current five (5) year Capital Improvement Schedule adopted as part of the Growth Management Plan~ and 4.33.3.5 the Board of County Commissioners has made an express finding, after a public hearing, that the current five (5) year Capital Improvement Schedule is based on a realistic, financially feasible program of funding from existing revenue sources. 4.34 Public Facilit~s mean capital drainage facilities, capital park facilities, capital potable water facilities, capital road facilities, capital sanitary sewer facilities, and capital solid waste facilities. - 10 - DOC. Ref~ 6515 ~iSEC. S ~LES OF CONSTRUCTION. ~ In the construction of this Ordinance, the rules set out in this '~ section shall be observed unless such construction is inconsistent '.~' with the manifest intent of the Collier County Board of County Cc~missioners. The rules of construction and definitions set forth herein shall not be applied to any provisions which expressly exclude such construction, or where the subject matter, content or context of such provision would make such construction internally inconsistent or ' inconsistent with other provisions of this Ordinance. 5.1 GenerallY. Ail provisions, terms, phrases and expressions contained in this Ordinance shall be liberally construed in order that the true intent and meaning of the Collier County Board of County Commissioners may be fully carried out. Terms used in this Ordinance, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this State for the same terms. In the interpretation and application of any provision of this Ordinance it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Ordinance imposes greater restrictions upon the subject matter than a general provision imposed by the Growth Management Plan or another provision of this Ordinance, the provision imposing the greater restriction or regulation shall be deemed to be controlling. 5.2 Text. In case of any difference of meaning or implication between the text of this Ordinance and any figure, the text shall control. 5.3 Computation of tim~, ~"ne time within which an act is to be done shall be computed by excluding the first and including the last days if the last day is Saturday, Sunday or legal holiday, that day shall be excluded. 5.4 Day. The word "day" shall mean a calendar day, tmless "business" day is indicated. 5.5 Deleaation of Authority, Whenever a provision appears requiring the head of a department of some other County officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or some other County officer or employee to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. 5.6 Gender. Words importing the masculine gender shall be construed to include the feminine and neuter. 5.7 Month. The word "month" shall mean a calendar month. S.8 Non-technical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the lan91/age, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 5.9 Number. A word importing the singular number only, may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. 5.10 Shall. May. The word "shall" is mandatory; "may" is · permissive. 5.11 Tense. Words used in the past or present tense include the future as well as the past or present. 5.12 Wee~, The word "week" shall mean seven (?) calendar day.. 85 - ll - Doc. Rsf: $515 5.13 Written or In Wrlttn~L The term "written" or "in ~.~ writing- shall be construed to include any representation of words, ' letters, or figures whether by printing or other form or method of writing. 5.14 Year~ The word "year" shall mean a calendar year, unless a fiscal year is indicated or 365 calendar days is indicated. · SEC. 6. ESTABLISHMENT OF MANAGEMENT AND MONITORING PROGRAM AND REGULATORY PROGRAM: THE ANNUAL UPDATE AND INVENTORY REPORT (AUIR~. CIE AMENDMENTS. AND ANNUAL BUDGET. In order to implement the mandate of the Collier County Growth Management Plan to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available to accommodate development in Collier County concurrent with when the impacts of development occur on such public facilities, the Board of County Commissioners establishes, pursuant to the terms of this Ordinance, (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility, and (2) a regulatory program that ensures that each public facility is available to serve development concurrent with the impacts of that development prior to issuance of development orders which are subject to the provisions of this Ordinance. SEC. 7. }{ANAGEMENT AND MONITORING PROGRAM. 7.1 ~ In order to ensure that adequate Potable Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road Public Facilities ars available concurrent with when the impacts of develop- ment occur on such Public Facilities, the County shall establish the following management and monitoring practices. Their purpose is to evaluate and coordinate the timing, provision, and funding of Potable Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road Public Facilities (1) to ensure adequate planning and funding to maintain the LOS for the Public Facilities, and (2) to evaluate the capacity of the Public Facilities for use in the regulatory program to ensure that no development orders subject to concurrency regulation are issued unless · adequate public facilities are available to serve the development concurrent with when the impacts of that development occur. 7.2 Annual UPdate and Inventor~ Report on Public Facilities fAUIR). On or about August 1 of each year, the Growth Management Chief shall complete an Annual Update and Inventory Report on Public Facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all Capital Potable Water, Capital Sanitary Sewer, Capital Solid Waste, Capital Drainage, Capital Park, and Capital Road Public Facilities, determine and summarize the available capacity of these Capital Improvements (Public Facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the Five (5) Year Capital Improvement Schedule for each of the five (5) succeeding years, and ten (10) succeeding years, and identify new projects needed to maintain adopted LOS. The forecasts shall be based on the most recently updated SchedUle of Capital Improvements (Public Facilities) for each Public Facility. The AUIR shall be based on the most recent Bureau of Eoonoml~ and Business Research (BEBR) high-range population projections, updated Public Facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic count data. The findings of the AUIR shall form the basis for the preparation of the Annual Update and Amendment to the CIE, any projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of and issuance of development orders subject to the provisions of this Ordinance during the nex~ year. · - 12 - !" 'Doc, Ref: 6515 .: 7.2.1 Annual Determination of Adeauate "Cateao~v ~:, . Public Facilities (Concurrencv~. On or about August 1 of each year, the Growth Management Chief will present the AUIR report to the Board of County Commissioners identifying deficiencies or potential deficiencies in "Category A" Public Facilities and remedial action options including but not limited to the following: 1. Establishment of Areas of Significant Influence (ASI's); ~,.. 2. Public Facility project additions to the CIE; · 3. Deferral of development order issuance in affected areas pending= a. Lowering of LOS via Growth Management Plan Amendment~ b. Inclusion of necessary public facility projects in the T.~ adopted Annual Budget and Annual CIE Update and Amendment~ ~. c. Approval of new or increased revenue sources for needed Public Facility projects by the Board of County Commissioners, the State Legislature or the County voters. 7.3 Recommendations on the Annual CIE Update and ~. Based upon the AUIR analysis, the Growth Management Chief shall propose to the Collier County Planning Commission and the Board of County Commissioners on or about October I of each year, the Annual Update and Amendment to the CIE as part of the Annual Growth Manage- ment Plan Amendment cycle transmittal public hearings. It will include the Public Facilities needed to maintain LOS as directed by the Board of County Commissioners upon presentation of the AUIR. The Annual Budget, which is to be adopted by October i of each year shall also include projects and funding as directed by the Board upon presentation of the AUIR. 7.4 Establishment of Area of Sianificant Influence (ASI% for · 7.4.1 Establishment of Area(s) of Sianificant Influenc~ ~u~ If the findings of the AUIR analysis identify additional road improvement projects needed to maintain adopted LOS, they may be included in the road component of the proposed Annual CIE Update and Amendment at the discretion of the Board. Based upon Board direction on inclusion of additional road projects, the Growth Management Chief, In conjunction with the MPO Chief and Transportation Services Administrator, may propose and identify one or more Areas of Significant Influence (ASI) around any deficient or potentially deficient road segment (except where such potentially deficient road segment is projected not to exceed its adopted LOS within the first t~ree (3) years of the five (5) year Schedule of Capital Improvements in the CIE Update and Amendment proposed for transmittal on or about October 1, and the estimated Annual Residual Capacity Trips that would be allocated to those applicants for Certificates of Public Facility Adequacy within the ASI encompassing such potentially deficient road segment during the next year does not exceed the remaining trip capacity). The boundaries of any ASI shall be established pursuant to the standards in Subsection 7.4.2 of this Ordinance along with the annual Residual Capacity Trips covering potentially deficient road segments for each ASI by September I of each year. No Residual Capacity Trips shall be allotted for development in an ASI encompassing a deficient road segment. 7.4.2 Standards in Establishina Area of Influence 7.4.2.1 General. The boundaries for an ASI shall be based upon an "envelope" that surrounds major road segments. In general, the ASI surrounding a road segment will radiate out from the ,oo 06 r _87 Doc. Ref: 6515 .~='!segnent a distance of one to three miles, depending upon natural or :'~ man-made features, roadway facility type. Additionally~ there may be an overlap of ASI's due to the affect of adjacent land uses upon a roadway segment or segments. 7.4.2.2 Standards In Determinina Area of Sianificant Influence CASI~, The Growth Management Chief in conjunction with the MPC Chief and Transportation Services Administrator aha11 examine traffic movement patterns and shall than prepare a map(s) that details the location of the proposed ASI(s). Such map(s) aha11 then be presented to the Board of County Commissioners at a regularly scheduled meeting for its review. The following standards shall guide the Growth ~. Management Chief, MPO Chief and Transportation Services Administrator ~.~ in developing these proposed ASI's= Tyne of Roadway Facility Scone Of ASI Principal Arterial Three (3) miles on each side of affected segment and three (3) miles from each end of affected segment. Minor Arterial Two (2) miles on each side of affected segment and two (2) miles from each end of affected segment. Collector One (1) mile on each side of affected segment and one (1) mile from each end of affected segment. Rural Minor Collector One (1) mile on each side of affected ~: segment and one (1) mile from each end of affected segment. Limited Access Facility One (1) mile from each side of the affected segment and three (3) miles from any access point and each segment end. 7.4.2.3 Determinina Annual Residual Capacity - TriPs. The Growth Management Chief in conjunction with the MPC Chief and Transportation Services Administrator aha11 complete a detailed conditions analysis of the deficient or potentially deficient road segment within each proposed ASI boundary prior to proposing the boundaries of the ASI. The analysis shall take into consideration characteristics of the road segment (such as traffic control, signal spacing, timing, and phasing) using procedures documented in the 1985 Hiahwav Canacitv Manual (or its current edition). The Annual Residual Capacity Trips for the proposed ASI covering the potentially deficient road segment shall be based upon up to one hundred percent (100%) of the potentially deficient road segment's remaining capacity, measured in peak hour, peak season trips. Thirty percent (30%) of the potentially deficient road segment's remaining capacity shall be reserved for only those land uses which generate one (1) peak hour trip per day or less, based on the most recent ITE Trip Generation Rate Manual. 7.4.3 Review and ADDroval by Board of County ~. After receipt of the proposed boundaries of a potential ASI and the proposed Residual Capacity Tripe of the ASI from the Growth Management Chief, the Board of County Commissioners, by October 1 of each year, shall hold a public hearing noticed pursuant to the requirements of Section 125.66(5), Florida Statutes, and after consideration of the proposal and public comment, approve the boundaries (including a map of the boundaries) and the Annual Residual Capacity Trips of the ASI, with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not potentially deficient and determine that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved boundaries and Annual Residual Capacity Trip Allotments for Doc. Ref= 6515 each ~sX will become effective on October I of each year if additional ~- road improvoments are not added to the Capital Xmprovemant Element at that time. 7.4.4 MaD of Areas of Sianificant Influence (ASIa. A Map showing the boundaries of each ASX established by the Board of County Commissioners shall be kept in the Office of the Growth Manage- ment Chief and the Office of the Clerk to the Board of County Commissioners for review and inspection by the public during normal business hours. 7.4.5 Duration of Established Area of Siani~ica~ Influence fASI~. Once the boundaries of an ASI are approved by the Board of County Commissioners, they are valid for one (1) year, unless otherwise dissolved. 7.4.6 Duration of Residual Capacity TriPs; Once the Road Facility Residual Capacity Trips are approved by the Board of County Commissioners, they are valid for one (1) year. 7.4.7 Dissolution of Area of Sianificant Influence (ASIa. If the additional needed road improvements identified in the AUIR are added to the CIE or funds are available for, and committed for construction of, the needed road improvements to eliminate the classification of a road as a deficient or potentially deficient road segment, then the Area of Significant Influence (ASI) established for that deficient or potentially deficient road segment shall be dissolved in the same manner in which it was established. SEC. 8 REGULATORY PROGRAM: REVIEW OF DEVELOPMENT TO ENSURE ADEOUATR PUBLIC FACILITIES ARE AVAILABLE. 8.1 General, In order to ensure that adequate Potable Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road Public Facilities are available concurrent with when the impacts of develop- ment occur on each Public Facility, Collier County shall establish the following development review procedures to ensure that no development orders eubJect to concurrency regulation are issued unless adequate Public Facilities are available to serve the proposed development. 8.2 ~ The following development orders and development shall be exempt from the terms of this Ordinancet 8.2.1 All valid, unexpired final Development of Regional Impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: 8.2.1.1 Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order; 8.2.1.2 Substantial deviations ara sought for a DRI development order, and then, this Ordinance shall apply only to those portions of the development for which the deviation is sought~ 8.2.1.3 An overriding concern for public health, lafety, or welfare exists~ 8.2.1.4 The County can demonstrate pursuant to Section 380.06, Florida Statutes, that substantial changes in the conditions underlying the approval of the development order have occurred or the development order was based on substantially inaccurate information provided by the developer or that the application of this Ordinance to the development order is clearly established to be essential to the public health, safety and welfare~ or ~'~ 15 - '' Doc. Reft 6515 8.2.1.5 The new requirements ~ould not so change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the develop- ment authorized by the DRI development order. 8.2.2 Construction of Public Facilities that are consistent with the Collier County Growth Management Plan. 8.2.3 Any development orders determined by the Growth Management Chief not to impact Public Facilities as evaluated against the standards contained in this Ordinance. 8.2.4 Original temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one (1) year. 8.2.5 Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the Growth Management Plan. 8.2.6 Original temporary use permits and any subsequent renewals not to exceed a cumulative period of one (1) year. 8.2.7 Any development order or development whose current owner is entitled to receive, and who properly obtains, a Determination of Vested Rights for Adequate Public Facilities ("APF") in accordance with the provisions of this Section 8.2.8. 8.2.7.1 ADDlicatig~, An application for Determination of Vested Rights for APF shall be submitted in the form established by the Growth Management Chief. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: 8.2.7.1.1 Name, address, and telephone number of the owner and authorized applicant if other than the owner~ 8.2.7.1.2 Street address, legal description, - and acreage of the property~ and 8.2.7.1.3 All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in Section 8.2.7.7. 8.2.7.2 Determination of Completeness. After receipt of an Application for Determination of Vested Rights for APF, the Growth Management Chief shall determine whether the application submitted is complete. If he determines that the application is not complete, the Growth Management Chief shall notify the applicant in writing of the deficiencies. The Growth Management Chief shall take no further steps to process the application until the deficiencies have been remedied. 8.2.7.3 Review and Determination or Recommendation by Growth Mana=ement Chief and County Attorney. After receipt of a completed Application for Determination of Vested Rights for APF, the Growth Management Chief and the County Attorney shall review and evaluate the application in light of all of the criteria in Section 8.2.7.7. Based on the review and evaluation, the Growth Management Chief and the County Attorney shall prepare a written recommendation to the Hearing Officer that the application should be denied, granted or granted with conditions by the Hearing Officer. Such recommendation shall include findings of fact for each of the criteria established in Section 8.2.7.7 to the extent that information is presented or obtained or inclusion is feasible or applicable. If the Growth Management Chief and the County Attorney agree based on the review and evaluation that the Application for Determination of Vested Rights for APF so clearly should be granted or granted with conditions, then they may enter into a written Stipulated Doc. Ref= 6515 Determination of Vested Rights for APF with the owner, in lieu of the written recommendation to the Hearing Officer and the provisions in Sections 8.2.7.4, 8.2.7.5 and 8.2.7.6. However, any such Stipulated Determination shall be in writing, signed by the Growth Management Chief, the County Attorney and the owner, and shall include findings of fact based on the criteria established in Section 8.2.7.7, conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 8.2.7.4 Review and Determination of Vested Riahts Determination for APF by Hearing Officer. Upon receipt by the Hearing officer of the Application for Determination of Vested Rights for APF and the written recommendation of the Growth Management Chief and the County Attorney, the Hearing Officer shall hold a public hearing on the application. At the hearing, the Hearing Officer shall take evidence and sworn testimony in regard to the criteria set forth in Section 8..2.7.7, and shall follow the rules of procedure set forth in Section 120.57(1)(b), 4, 6, 7, and 8. Florida Statutes, and Section 120.58(1)(a),(d) and (f), Florida Statutes, and Section 120.58(1)(b), Florida Statutes, only to the extent that the Hearing Officer is empowered to swear witnesses and take testimony under oath. The Hearing Officer shall follow the procedures established for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, Florida Administrative Code except as expressly set forth herein. The parties before the Hearing Officer shall include the County, the owner or applicant, and the public. Testimony shall be limited to the matters directly relating to the standards set forth in Section 8.2.7.7. The County Attorney shall represent the County, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the Hearing Officer at the public hearing zhall be as follows: 1) the County's summary of the application, written recommendation, witnesses and other evidence~ 2) owner or applicant witnesses and evidence~ 3) public witnesses and evidence~ 4) County rebuttal, if any; and 5) applicant rebuttal, if any. 8.2.7.5 Issuance of Vested Rights Determination for APF ~? Hearing Officer. Within fifteen (15) working days after the completion of the public hearing under Section 8.2.7.4, the Hearing Officer shall consider the Application for Determination of Vested Rights for APF, the recommendation of the Growth Management Chief and the County Attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in Section 8.2.7.7, and shall deny, grant, or grant with conditions the Application for Determination of Vested Rights for APF for the propurty or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in Section 8.2.7.7, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 8.2.7.6 Appeal to the Board of County Commissioners. Within thirty (30) days after issuance of the Hearing Officer's written determination of vested rights for APF, the County Attorney, the Growth Management Chief, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for APF of the Hearing Officer to the Board of County Commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the Hearing Officer's determination of vested rights for APF, with or without modifications or conditions, or reject the Hearing Officer's determination of vested rights for APF. The Board of County Commissioners shall not be authorized to modify or reject the Hearing Officer's determination of vested rights for APF unless the Board of Doc. Reft 6515 County Commissioners finds that the Hearing Officer's determi~ation is not supported by substantial competent evidence in the record of the Hearing Officer's public hearing or that the Hearing Officer's determination of vested rights for APF is contrary to the criteria established in Section 8.2.7.7. 8.2.7.7 Criteria for Vested Rights. This section is intended to strictly adhere to and implement existing case law and statutory law as they relate to the doctrine of vested rights and equitable estoppel as applied to a local government exercising its authority and powers in zoning, the provision of adequate public facilities concurrent with development (concurrency), and related matters. It is the express intent of Collier County to require application of the provisions of this Ordinance to as much development and property in the unincorporated areas of the County as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory law, particularly Section 163.3167(8), Florida Statutes. The criteria herein provided shall be considered in rendering a vested rights determination under this section. It is intended that each case be decided on e case by case factual analysis. An owner shall be entitled to e positive determination of vested rights for APF only if he demonstrates by substantial competent evidence that he is entitled to complete his development without regard to the otherwise applicable provisions of this Ordinance based on the provisions of Section 163.3167(8), Florida Statutes, or all three of the following require- ments of the three-part test under Florida common law: 1) Upon some act or omission of the County, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired. 8.2.7.8 Limitation on Determination of Vested Rlahts for APF. A Determination of Vested Rights for APF which grants an application for determination of vested rights for APF shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site - development plan, within two (2) years after the issuance of the 'determination of vested rights for APF under this Section 8.2.7, or unless substantial permanent buildings have been, or ere being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within two (2) years after issuance of the determination of vested rights for APF under this Section 8.2.7., and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned two (2) year time limitation on the determination of vested rights for APF shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this Ordinance. 8.3 Certificate of Public Facility Adeauacv. 8.3.1 General. 8.3.1.1 A valid, unexpired Certificate of Public Facility Adequacy shall be obtained et the filing for the earliest or nex~c to occur of final subdivision plat, final site development plan or building permit, provided however, any development orders except a final local development order may be approved or issued provided they are expressly conditioned on the issuance of a Certificate of Public Facility Adequacy prior to building permit approval and provided the owner and applicant proceed at their own risk and expressly waive and release the County in writing from any and all future claims of vested rights and equitable estoppel resulting from such conditional approval or actions relying thereon. Doc. Ref: 6515 8.3.1.2 At the applicant's request, the County shall review and approve, or deny, an Application for a Certificate of ~Ablic Facility Adequacy prior to the consideration of an Application 'for Development Approval for any development order needed for a proposed development prior to receipt of a final subdivision plat approval, final site development plan approval, or building permit approval. 8.3.1.3 Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this Ordinance, a Certificate of Public Facility Adequacy shall be obtained prior to approval of the next development order required for the proposed development. 8.3.1.4 All applicable impact fees and s[stem development fees for a development shall be paid into the Impact Fee Escrow Trust Fund in the amount estimated to be due upon issuance of the building permit(s) for the development upon or prior to issuance of a Certificate of Public Facility Adequacy for the development, except in the instance of a simultaneous application for a building permit(s) and a Certificate of Public Facility Adequacy in which case(s) all applicable impact fees and system development fees will be paid directly into the appropriate impact fee fund at the time the building permit(s) and Certificate are picked up by the applicant. The payment of the estimated impact and system development fees into the Impact Fee Escrow Trust Fund shall be applied as a credit towards the impact and system development fees calculated and due upon issuance of the building permit(s) for the development. Impact and system development fees paid into the Impact Fee Escrow Trust Fund shall be refundable upon written request to the Growth Management Chief accompanied by the surrender of the original Certificate of Publio Facility Adequacy obtained prior to issuance of building permit(s) for the development. Fees paid upon issuance of building permit(e) in accordance with the applicable impact fee or system development fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the Finance Director, Clerk of Courts. 8.3.2. Rules of General Applicability for Certificate of .-Public Facility Adequacy. 8.3.2.1 Timing. An Application for a Certificate of Public Facility Adequacy may be submitted at any time, subject to Section 8.3.1.1. 8.3.2.2 Consolidated Application. A building permit, final subdivision plat or final site development plan shall receive final approval only to the extent to which the proposed development receives a Certificate of Public Facility Adequacy. The Application for a Certificate of Public Facility Adequacy may be submitted with an Application for Development Approval, where appropriate under this Ordinance. 8.3.2.3 Assianabilitv and Transferability. A Certificate of Public Facility Adequacy shall run with the land, shall be assignable within a proposed development, and shall not be assignable or transferable to other development. 8.3.2.4 Expiration. A Certificate of Public Facility Adequacy shall expire three (3) years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the Certificate is approved, and the proposed development is then completed pursuant to the terms of the Collier County Building Code, provided: 8.3.2.4.1 For development comprised of more than five hundred (500) residential dwelling units, or for a phased increment of development comprised of more than one hundred and fifty (150) residential dwelling units, or for a commercial/industrial development of more than 100,000 square feet of gross leasable area, a Doc. Ref; 6515 · ~" Certificate of Public Facility Adequacy shall expire five (5) years {,~ from the date of Its approval except to the extent that building permits have been issued for the proposed development for which the ;:~.' Certificate is approved, and the proposed development is then ~'~" completed pursuant to the terms of the Collier County Building Code, · '~ provided the certificate holder: 8.3.2.4.1.1 Obtains approval of its Final Subdivision Plat and Final Site Development Plan, whichever is applicable, within twelve (12) months from the date of issuance of the Certificate of Public Facility Adequacy; and 8.3.2.4.1.2 Commences construction of the infrastructure for the Final Subdivision Plat and Final Site Development Plan, whichever is applicable, within twenty-four (24) months from the date of issuance of the Certificate of Public Facility Adequacy; and 8.3.2.4.1.3 Completes the construc- tion of the infrastructure for the Final Subdivision Plat and Final Site Development Plan, whichever is applicable, and records the Final Su~ivision Plat tn the public records of Collier County, if applicable, within thirty-six (36) months from the date of issuance of the Certificate of Public Facility Adequacy. 8.3.2.4.2 For purposes of determining the expiration of a Certificate of Public Facility Adequacy for a mixed use development, the size of the mixed use development shall be determined by aggregating the percentage of the threshold for each land use component identified in Section 8.3.2.4.1 that is proposed for the mixed use development. · 8.3.2.5 ~ Issuance of a Certificate of " lh/blic Facility Adequacy shall demonstrate proof of adequate public · facilities to serve the development approved tn the development order, ~ subject to the conditions in the development order. A subsequent Application for Development Approval for development approved in a development order for which a Certificate of Public Facility Adequacy has been approved shall be determined to have adequate public · facilities as long as the Certificate of Public Facility Adequacy is valid and unexpired. When a Certificate of Public Facility Adequacy expires, any subsequent Application for Development Approval shall require a new Certificate of Public Facility Adequacy to be issued pursuant to the terms of this section prior to approval of any subsequent development order for the proposed development. 8.3.2.6 Anything in this Ordinance to the contrary notwithstanding, all Certificates of Public Facility Adequacy approved or issued from the date that the Growth Management Chief presents the proposed ASI boundary maps to the Board of County Commissioners, as provided by Section 7.4.2.3, through the date that the boundaries and the Annual Residual Capacity Trip Allotments for each ASI are approved by the Board shall be expressly conditioned upon any and all restrictions, limitations, provisions, boundaries and allotments adopted by the Board of County Commissioners pursuant to Section 7.4.3. 8.3.3 Effect of Development Aareement in Condunction w~th a Cert~ficate of Public Facility Adeuuacv. Upon approval by the Board of County Commissioners, any applicant may enter into a Develop- ment Agreement with Collier County pursuant to the provisions of Section 163.3220-3242, Florida Statutes, in conjunction with the approval of a development order and/or a Certificate of Public Facility Adequacy. The effect of the Development Agreement shall be to bind the parties pursuant to the terms and conditions of the Development Agreement and the Certificate of Public Facility Adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities. Development Agreements may address conditional development order approvals and conditions for Doc° ~ef; 6515 renewal cf the Certificate of Public Facility Adequacy beyond five (5) years, however, the duration of any Certificate of Public Facility Adequacy shall not exceed five (5) years. Development Agreements may also provide for private provision of public facilities or for a Joint endeavor between the private sector and Collier County to provide public facilities. Any public facility in the Five (5) Year Schedule of Capital Xmprovements in the CIE on which such a Certificate of Adequate ~lic Facilities is made in conjunction with the approval of a development order and a Development Agreement shall not be delayed, deferred, or removed from the Five (5) Year Schedule of Improvements in the CIE. 8.3.4 Procedure for Review of ADDlication. 8.3.4.1 Submission of Application and Fee. An Application for a Certificate of Public Facility Adequacy shall be submitted to the Growth Management Chief. An application shall be submitted, at the filing of the earliest or next to occur of final subdivision plat, final site development plan, or building permit. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. 8.3.4.2 Aomlication Contents. The form and contents for the Application for Public Facility Adequacy shall be established by the Growth Management Chief and shall be published and made available to the general public. 8.3.4.3 Determination of Completeness and Review. After receipt of an Application for Certificate of Public Facility Adequacy, the Growth Management Chief shall determine whether it is complete within three (3) business days. If it is determined that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Growth Management Chief shall take no further action on the application unless the deficiencies are remedied. Within five (5) business days after the application is determined to be complete, the Growth Management Chief shall review and grant, or deny each public facility component in the application pursuant to the standards established in Section 8.3.5. 8.3.4.4 ADDeal to Public Facilities Determination Appeal Committee. Within thirty (30) days after issuance of the determination of the Growth Management Chief on the Application for a Certificate of Public Facility Adequacy,the applicant may appeal the determination of the Growth Management Chief on the Application for a Certificate of Public Facility Adequacy to the Public Facilities Determination Appeal Committee. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. The Public Facilities Determination Appeal Committee shall hold a hearing on the appeal and shall consider the determination of the Growth Management Chief and public testimony in light of all the criteria set forth in Section 8.3.5 of this Ordinance. The Public Facilities Determination Appeal Committee shall adopt the Growth Management Chief's determination on the Application for a Certificate of Public Facility Adequacy with or without modifications or conditions, or reject the Growth Management Chief's determination. The Public Facilities Determination Appeal Committee shall not be authorized to modify or reject the Growth Management Chief's determination unless the Public Facilities Determination Appeal Committee finds that the determination is not supported by substantial competent evidence or that the Growth Management Chief's determination is contrary to the criteria established in Section 8.3.5 of this Ordinance. The decision of the Public Facilities Determination Appeal Committee shall include findings of fact for each of the criteria. 8.3.4.4.1 Composition of Public FacilitieR Determination Appeal Committee. The Public Facilities Determination Appeal Committee shall be comprised of three (3) members= the Office of Capital Projects Management Director, or his designee; Metropolitan Doc. Ref: 6515 Planning Organization (MPO) Coordinator, or his designee~ and the Project Review Services Manager, or his designee. 8.3.4.5 Cancellation of Certificates._ Upon notification by the Growth Management Chief, or his designee, that an application for a Certificate of Public Facility Adequacy has been approved and a Certificate issued, the applicant shall have thirty (30) calendar days to pick up the Certificate and pay all applicable impact and system development fees. If the applicant fails to pick up the Certificate and pay the appropriate fees within twenty (20) calendar days of notification of approval, a second notification of pending cancellation of the Certificate will be sent to the applicant by certified mall. If the applicant does not pick up the Certificate and pay all applicable fees within ten (10) calendar days of notification by certified mail, the Certificate will be voided. In such a case, the applicant shall then be required to apply for issuance of a new Certificate. Certificates issued simultaneously with building permits shall be voided if the applicant fails to pick up the building permit and fails to pay all applicable fees within the time period during which such building permit(s) remain(s) valid. 8.3.5 Standards for Review of APplication. The following standards shall be used in the determination of whether to grant or deny a Certificate of Public Facility Adequacy. Before issuance of a Certificate of Public Facility Adequacy, the application shall fulfill the standards for each Public Facility component (Potable Water, Sanitary Sewer, Solid Waste, Drainage, Parks and Roads). 8.3.5.1 Potable Water Facilities. 8.3.5.1.1 The Potable Water component shall be granted if any of the following conditions are met: 8.3.5.1.1.1 The required Public Facilities are in place at the time a building permit is issued. 8.3.5.1.1.2 The required Public Facilities are under construction at the time a building permit is -.issued. 8.3.5.1.1.3 The required Public Facilities are guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3.5.1.1.1 and 8.3.5.1.1.2. 8.3.5.2 Sanitary Sewer Facilitip~, 8.3.5.2.1 The Sanitary Sewer component shall be granted if any of the following conditions are met: 8.3.5.2.1.1 The required Public Facilities are in place at the time a building permit is issued. 8.3.5.2.1.2 The required Public Facilities are under construction at the time a building permit is issued. 8.3.5.2.1.3 The required Public Facilities are guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3 5.2.1.1 and 8.3.5.2.1.2. 8.3.5.3 Solid Waste Faciliti~$, 8.3.5.3.1 The solid waste component shall be granted if any of the following conditions are met: 8.3.5.3.1.1 The required Public Facilities are in place at the time a building permit is issued. Doc. Ref: 6515 8.3.5.3.1.2 The required Public Facilities are under construction at the time a building permit is issued. 8.3.5.3.1,3 The required Public Facilities are guaranteed in an enforceable development that includes the provisions of Subsections 8.3.5.3.1.1 and 8.3.5.3.1.2. 8.3.5.4 DrainaGe Facilities. The Drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the Environmental Services Division that meets the LOS for Capital Drainage Facilities defined in Subsection 4.22. 8.3.5.5 Park and Recreation Facilities. 8.3.5.5.1 The Parks and Recreation component shall be.granted if any of the following conditions are met: 8.3.5.5.1.1 The required Public Facilities are in place at the time a building permit is issued. 8.3.5.5.1.2 The required Public Facilities are under construction at the time a building permit is issued. 8.3.5.5.1.3 The required Public Facilities are the subject of a binding contract executed for the construction of those Public Facilities which provides for commencement of actual construction within one year of issuance of a building permit. 8.3.5.5.1.4 The required ~/blic Facilities are guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3.5.5.1.1, 8.3.5.5.1.2 and 8.3.5.5.1.3. 8.3.5.6 Road Facilities. The Road component shall be considered based upon whether the proposed development is outside a -designated ASI or within a designated ASI. 8.3.5.6.1 Development Outside DesiGnated Area of SiGnificant Influence CASI)or Where No ASI Exists. For development outside a designated ASI, or where no ASI exists, the Road component shall be granted. 8.3.5.6.2 Development Within DesiGnated Area of ~ianificant Influence {ASI). For development within a designated ASI covering a potentially deficient road segment, the Road component shall be approved, subject to available capacity, if it is demonstrated the proposed development will not make the potentially 6eficient road segment within the ASIa deficient road segment. In the instance where the proposed development will create a deficient road segment, a Certificate of Public Facility Adequacy for the road component shall be approved only for that portion of the development that does not create the deficient road segment. For development within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the development that does not increase the net trips on the deficient road segment and does not further degrade the LOS of the deficient road segment. SEC. 9 LIBERAL CONSTRUCTION. SEVERABILITY. AND PENALTY PROVISION. 9.1 The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. 9.2 If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, Doc. Ref: 6515 -?'!., distinct, and Independent provision, and such holding shall not effect ~' the validity of the remaining portion. - 9.3 A violation of this Ordinance shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, Collier County shall have the power to sue in civil court to enforce the provisions of this Ordinance. SEC. 10. EFFECT OF PRIOR REFERENCES TO PREVIOUS ADEOUATE PUBLIC FACILITIES ORDINANCE. All references in any documents whatsoever to the previous Adequate Public Facilities Ordinance (Ordinance 90-24, as amended), superceded and repealed hereby, shall constitute a reference to this Ordinance. SEC.' 11. REP~%L OF PREVIOUS ADEOUATE PUBLIC FACILITIES ORDINAN~q~, Ordinance Number 90-24, as amended, known as the Adequate Public Facilities Ordinance, adopted on March 21, 1990, by the Board of County Commissioners of Collier County is hereby repealed; provided however, as set forth in Section 10 above, any references to such prior Ordinance shall be deemed a reference to this ordinance. SEC. 12 EFFECTIVE DATE. This ordinance shall become effective upon receipt of notice from the Secretary of State that this ordinance has been filed with the Secretary of State. · ~'~:; PASSED AND DULY ADOPTED by the Board of County ~ommtssionere of .<~ Collier County, Florida, this .3rd..:. day of 51-r~=m~=~' , 1993. ·A':~.~.~]'~')'?.~,,':. BOARD OF COUNTY COMMISSIONERS . ?'~I~IG~t~6~; ~;~ERK COLLIER COUNTY, FLORIDA BURT L. SAUNDERS "i..: leg £~1 S~ffi'~iency: · ~'?~ "~'- MarJ~ie M. Student /~o}~,~ ~:/:-c Assistant County Attorney t.'. Doc. Ref: 6515 .-~ '- STATE OF Fr. ORIDA ) "' ' I, DWIGHT E. BROCK, Clerk of Courts in and for the ' ' Twentieth Judicial Circuit, Collier Count~, Florida, do ? . hereb~ certify that the foregoing is a true copy of: ~" '~ Ordinance No. 93-82 ~h~ch was adopted by the Board of County Commissioners on the Srd day of November, 199S, durtn~ Special Ses~'~on. '.:.,~ ' WIT~SS my hand and the off/c/a/ seal of the Board of County Commissioners of Collier County, Florida, th~s 9th ,~--'- da~ of November, 1993. ...... ~ DWIGHT E. BROCK ,~.' Clerk of Courts and Cie.. ~.,~ .~ .,... .. , ..fr.. ~ .' By: /s/Ell~e ~offman ?.~ .' Deputy Clerk