Ordinance 92-029 ORDINANCE NO. 92- 29
~ AN ORDINANCE AMENDING COLLIER COUNTY
'.' ORDINANCE NO 88-96, AS AMENDED BY
ORDINANCE NO. 91-39, RELATING TO COLLIER.
COUNTY PARKS AND RECREATIONAL FACILITIES
~~ IMPACT FEE ORDINANCE; PROVIDING FOR ~ :~ ~ .
MODIFICATION OF PARTICULAR DEFINITIONS;
PROVIDING FOR ADDITIONAL USE OF TRUST FUND
· MONIES; PROVIDING FOR CONFLICT AND .-,., r< .'~
['~'~ SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE. .:"~' "
WHEREAS, the Board of County Commissioners of Collier
County on December 13, 1988, enacted Collier County Ordinanc,
No. 88-96, establishing a Parks and R,creationul Facilities
Impact Fee; and
WHEREAS, the Board of County Commissioners of Collier
County on May 22, 1991, enacted Collier County Ordinance No.
91-39, amending Ordinance No. 88-96, the Parks and Recreational
Facilities Impact Fee Ordinance; and
WHEREAS, the Board of County Commissioners of Collier
County desires to further amend the Ordinance in certain
respects.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section 1.01 of Collier County
Ordinance No. 88-96, as amended by Ordinance
No. 91-39
Section 1.01 of Collier County Ordinance N~. 88-96,as
amended, is hereby amended to read as follows:
SECTION 1.01. Definitions
When usud in this Ordinance, the following terms
shall have the following meanings, unless the context
clearly indicates otherwise:
"Accessory Building or Structure" shall mean a
detached, subordinate structure, the use of which is
clearly indicated and related to the use o~ the principal
Building or use of the land and whicb is located on the
same lot as the principal Building.
Words underlined are added; words s~ruck-~hreu~h are deleted.
"Affordable Housing" shall mean a Dwelling Onit which
izl offered for sale or rent for an amount which is within
the standards set forth and established in Appendix I of
this Ordinance.
"Alternative Community Park I~pact Fee" shall mean
any alternative fee calculated by the Applicant and
approved by the Board Pursuant to Section 3.03.
"Alternative Park= and R-creational Impact Fee Study"
shall mean a study prepared by the Applicant and submitted
to the County Manager pursuant to Sections 2.03 and 3.03.
"Alternative Regional Park Impact Fee" shall mean any
_.alternative fee calculated by an Applicant and approved by
the Board pursuant to Section 2.03.
"Apartment" means a rental Dwelling Unit located
within the same Building as other Dwelling Units.
".Applicant" shall mean the Person who applies for a
Building Permit.
"Board" shall mean the Board of County Commissioners
of Collier County, Florida.
"Building" shall mean any structure, either temporary
or permanent, built for the support, shelter or enclosure
of Persons, chattels or property of any kind. This term
shall include tents, trailers, mobile homes or any
Yehicles serving in any way the function of a Building.
This term shall not include temporary construction sheds
cr trailers erected to assist in construction and
=~aintained during the term of a Building Permit.
"Building Permit" shall mean an official document or
certificate issued by the authority having jurisdiction,
authorizing the construction or siting of any Building.
For purposes of this Ordinance, the term "Building Permit"
·hall also include tie-down permits for those structures
or Buildings, such as a mobile home, that do not require a
Words underlined are added; words s~ruek-~hreugh are deleted.
"Community Park" is a "drive-to" park designed to
serve the needs of various neighborhoods constituting a
community and are family recreational centers with
programs and facilities for all age groups.
"Community Park District" sha~l mean one of the three
(3) districts located within the County which are
described in Exhibits A, B and C, attached to this
Ordinance and incorporated herein, end within which a
separate Community Park ~mpact Fee io a~sessed.
· '. "Community' Park Impact Fee" shall mean the fee
imposed by the County pursuant to Section 3.01 or, if
applicable, the Alternative Community Park Impact Fee.
-"~omprehensive Plan" shall mean the comprehensive
plan or. the County~adopted and amended pursuant to the
Local Government Comprehensive Planning and Land
Development Regulation Act.
"Condominium" means'a single-family or time-sharing
ownership unit that has at least one other similar unit
'within the same building structure. The term Condomini~
includes all fee simple or titled multi-unit ~tructures,
including townhouses and duplexes.
"County" shall mean Collier County, & political
subdivision of the State of Florida.
"County Attorney" shall mean the Person appointed by
the Board of County Commissioners to serve as its counsel,
or the designee of such Person.
"County Manager" shall mean the chief administrative
officer of the County, appointed by the Board of County
Commissioners, or the designee of such Person.
"County Park System" or "Park System" shall include
all Community Parks and Regional Parks operated .by the
County.
"Dwelling Unit" shall mean a Building or portion of a
Building designed for or whose primary purpose is for
057 309
Words underlined are added; words s~ruek-threu~h are deleted.
residential occupancy, and which consists of one or moro
rooms which are arranged, designed or used as living
quarters for one or more persons.
~ .~Encumbered, shall mean monies committed by contract
or purchase order'in a manner that%"obligates the County to
expend'.'the.encumbered amount upon delivery of goods,
rendering of services or th~ conveyance of real property
provided by a vendor, supplier, contractor or Owner.
"Impact Fee" shall mean collectively the RQgional
Park Impact Fee and the'Co~u~unity Park Impact Fee.
"Impact Fee Study" shall mean the study adopted
pursuant to Section 1.04, as.amended and supplemented
pursuant~to~Section 4.09.
.... ~Local Government Comprehensive Planning and Land
DevelopmentRegulation'Act" means the provisions of Part
II,'Chapter 163,.Florida Statutes (1987), as amended or
supplemented, or its successor in function.
"Mobile Home"' means manufactured homes, trailers,
campers or recreational vehicles.
.. "Owner" shall mean the Person holding legal title to
the real property upon which Parks and Recreational
Facilities Impact Construction is to occur.
"Parks and Recreation Director" shall mean the Person
appointed by the Board or the County Manager to supervise
the administration, operation and acquisition of the
County Park System, or the designee of such Person.
"Parks and Recreational Facilities Impact
Construction" shall mean land development construction
designed or intended to peri, it more Dwelling Units than
the existing use of land.
"Person" shall mean an individual, a corporation,
partnership, an incorporated association, or any other
similar entity.
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Words underlined are added; words s~u=k-~h=ou~h are deleted.
"Regional Parks" are parks designed for diversified
recreational and passive use by large numbers of people
throughout the County. Such parks and facilities provide
a variety'of recreational activities and serve an area of
approximately 60 miles radius. Regional Parks shall
includ~ sites where three ~3~ or more reaulation-size
recreational faciliti,s are located and intended as a
regional recreational complex for use by the uublic~
"RQsidential" means Apartments, Condominiums, Mobile
Homes, Single-Family Detached Houses or Adult Congregate
Living Facilities, as that term is defincd by Section
400.402, Florida Statutes.
'' '."Single-Family Detached House" means a home on an
SECTION TWO: Amendment to Section 2.02 of Collier County
Ordinance No. 88-96, as amended by Ordinance No.
Section 2.02 of Collier County Ordinance No. 88-96, as
amended, is hereby amended to read as follows:
Section 2.02.''Uss of Monies
a. The Board hereby establishes a separate trust
account for the Regional Park Impact Fees, to be desig-
nated as the "Regional Park Impact Fee Trust Account"
which shall be maintained separate and apart from all
other accounts of the County. Ail Regional Park Impact
Fees shall be deposited into such trust account immedi-
ately upon receipt.
b. The monies deposited into the Regional Park
Impact Fee Trust Account shall be used solely for the
purpose of providing growth-necessitated capital im-
provements and additions to the Regional Parks within the
County, including, but not limited to:
1. Design and construction plan preparation;
2. Permitting and fees;
Words underlined are added; words struck-th=such are deleted.
3. Land and materials acquisition, including
any costs of acquisition or condemnation;
..... 4. Construction and design of improvements and
';~additions to Regional Parks;
:."':r:"::~.:.' 5. Design and construction of new drainage
3.,-',.,facilities, required, by the construction of im-
.provements and additions.to Regional Parks;
6. Relocating utilities required by the
construction of improvemonts and addition~ to
....... Regional' Parks;
7. Landscaping;
8. Construction management an~ inspection;
9. Surveying, soils and material testing;
· :. 10. Acquisition of capital equipment for
Regional Parks;
11. Repayment of monies transferred or borrowed
from any budgetary 'fund of the County subsequent to
the adoption of this Ordinance, which were used to
fund any of the growth-impacted improvements or
additions as herein provided;
12. Payment of principal and interest, neces-
sary reserves and costs of issuance under any bonds
or other indebtedness issued by the County to fund
growth-impacted improvements and additions to the
Regional Parks subsequent to the adoption of this
Ordinance; and
13. Reimbursement of excess Regional Park
Impact Fees due an Applicant pursuant to Section 4.08
or Impact Fees paid on Affordable Housing pursuant to
Section 4.05.
14. DesiGn and construction of roadway im-
provements reGuired bv ReGional Park Facilitie~
15. To the extent provided by law. reim-
bursement or refund of costs incurred bv th~ Coun~
underline~ are added; words s~r~ek-~hre~h are deleted.
in the preparation of any update to the Impact
study adopted pursuant to Section 2,04 and anv
amendments or supplements adopted pursuant to Sec%ion
4,09. and any other administrativ~ ~o~ts incurred by
the County,
Funds on. deposit in the Regional Park Impact Fee Trust
Account shall not b~ used for any expenditure that would
be classified as a maintenance ow repair expense,
c. The monies depo~ited into tho Regional Park
Impact Fee Trust Account shall b. used solely to finance
improvements and additions to Regional parks required by
growth as projected in the Impact Fee Study.
d. Any funds on deposit which are not immediately
necessary for expenditure shall be invested by the County.
All income derived from such investments shall be depos-
ited in the Regional Park Impact Fee Trust Account and
used as provided herein.'
e. The R~gional Park Impsct Fee collected pursuant
to this Ordinance shall be returned to the then curren~
Owner of the property en-beha}~-e~-for which such fee was
paid if such fees have not been expended or encumbered
prior to the end of the fiscal year immediately following
the sixth anniversary of the date upon which such fees
were paid. Refunds shall be made only in accordance with
the following procedure:
1. The then current Owner must petition the
Board for the refund prior to the end of the fiscal
year immediately following the sixth anniversary of
the date of the payment of the Regional Park Impact
Fee.
2. The petition for refund shall be.submitted
to the Parks and.Recreation Director and shall
contain:
Words underlined are added; words s%~ck-~h~eu~h are deleted.
a) A notarized sworn statement that the
.Petitioner is the then current Owner of the
.' prope=ty on-Beha~-e~-wh~ch-for which the Impact
Fee Was. paid;
.,. b) A copy of the dated receipt issued for
payment of such'fee, or such other record as
would, indicate payment of such fee;
c) A certified copy of the latest
rmcorded de~d; and
-~.-, -. d) A copy of the most recent ad valorem
tax bill.
3. Within three (3) months from the date of
receipt of.a petition for refund, the Parks and
..~...~Recreation~Director.will advise the Petitioner and
the Board of the status of the Impact Fee rec~ested
for refund, and if such Impact Fee has not been
expended or encumbered within its applicable time
period, then it shall be returned to the Petitioner.
For the purposes of this Section, fees collected
shall be deemed to be spent or encumbered on th~
basis of the first fee in shall be the first fee out.
SECTION T}{REE: Amendment to Section 3.02 of Collier County
Ordinance No. 88-96, as amended by Ordinance
No. 91-39
Section 3.02 of Collier County Ordinance No. 88-96, es
amended, is hereby amended to read as follows:
Section 3.02. Use of Monies
a. The Board hereby establishes separate trust
accounts for the Community Park Impact Fees, to be
designated as the "Immokalee Community Park Impact Fee
Trust Account, "Marco Community Park Impact Fee Trust
Account, "and the "Naples and Urban Collier County
Community Park Impact Fee Trust Account" which shall each
be maintained separate and apart from all other accounts
of the County. All Community Park Impact Fees shall be
Words underlined are added; words s2ruek-~hre~h are deleted.
deposited into the respective Community Park Impact Fee
Trust Account immediately upon receipt.
b. The' monies, deposited ·into the respective
Community Park Impact Fee Trust Accounts shall be used
solely for the purpose of providin~ growth-necessitated
capital improvements and additions to the Community Parks
within that Community Park District, including, but not
limited to~
1. Design and construction plan preparation;
2. Permitting and fees;
3. Land and materials acquisition, including
any costs of acquisition or condemnation:
4. Construction and design of improvements and
additions to. Community Parks;
· 5. Design and construction of new drainage
~ facilities required by the construction of im-
"-' provemsnts and additions to Community Parks;
,,.~ 6. Relocating utilities required by the
construction of improvements and additions to
Community Parks;
7. Landscaping;
~' 8. Construction management and inspection;
,.- 9. Surveying, soils and material testing;
.. 10. Acquisition of capital equipment for
Community Parks;
11. Repayment of monies transferred or borrowed
from any budgetary fund of the County subsequent to
the adoption of this Ordinance, which were used to
fund growth-impacted improvements or additions as
herein provided;
iii;: 12. Payment of principal and interest, nsc-
essary reserves and costs of issuance under any bonds
' or other indebtedness issued by the County to fund
growth-impacted improvements and additions to
Words underlined are added; words s~ruek-~hre~h are deleted.
Community Parks subsequent to the adoption of this
Ordinance; and
13. 'Reimbursement of excess Community Park
,:'.' Impact Fees'due an Applicant pursuant to Section 4.08
~ ' :. or'Impact Fees paid oh"Affordable Housing pursuant to
:. Ssction"4~05.' ,.
14..Design a~d construction of roadway improve-
~ ments required by Re~:na~-ena-Community Park
" Facilities,
15, To the extent urovlded by law. reimburse~
" ment or refund of costs incurred ~y the County in the
preparation of any update to the Imoact Fee Study
~; adooted pursuant'to Section 1.04 and any amendmentl
'~ or'suDDlements adopted pursuant to ~ection 4.09, and
any other administrative costs incurred by the.
County,
Funds on deposit in the respective Community Park Impact
Fee ~rust Accounts shall not be used for any expenditure
that would be' classified as a maintenance or repair
expense.
c. The money deposited into a Community Park Impact
Fee Trust Account shall be used solely to provide improve-
merits or additions to Community Parks within the Community
Park District from which it was collected and which is
required by growth as provided in the Impact Fee Study.
d. Any funds on deposit which are not immediately
necessary for expenditure shall be invested by the County.
Ail income derived from such investments shall be depos-
/ ired in the respective Community Park Impact Fee Trust
Accounts and used as provided herein.
i.~ e. The Community Park Impact Fee collected pursuant
"'i to this Ordinance shall be returned to the then current
Owner of the property en-beha~-o~-for which such fee was
paid if such fees have not been expended or encumbered
-lO-
Words underlined are added; words e~r~ek-%hreuph are deleted.
prior to the end of the fiscal year immediately following
the sixth anniversary of the date upon which such fees
were paid.. Refunds shall be made only in accordance with
~he following procedure:
1. The then current OwHsr must petition the
Board for the refund prioF to the end of the fiscal
year immediately ~ollowing the sixth anniversary of
the date of the payment of the Community Park Impac~
Tee.
2. Th~ petition for refund shall be submitted
to.the.Parks and. Recreation Director and shall.
cpntain: ........
~--~.__lla ...... A.notarizedsworn statement that the
. '-.~__.=Petitionerl.is the. then current Owner.of. the..
_ property en-behe~f-e~-for which the Impact Fee
was paid;
b. A copy of the dated receipt issued for
payment of such fee, or such other record as
would, indicate payment of such fee;
c. A certified copy of the latest
recorded deed; and
d. A copy of the most recent ad valorem
tax bill.
3. Within three (3) months from the date of
receipt of a petition for refund, the Parks and
Recreation Director will advise the Petitioner and
the Board of the status of the Impact Fee requested
for refund, and if such Impact Fee has not been
expended or encumbered within its applicable time
period, then it shall be returned to the Petitioner.
For the purposes of this Section, fees collected
shall be deemed to be spent or encumbered on the
basis of the first fee in shall be the first fee out.
Words underlined are added; words s~uek-~hreu~h are deleted.
SECTION FOUR: Conflict and Severability
The provisions of this ordinance shall be liberally
construe4 to effectively carry out its purposes in the interest
of public health, safety, welfare and convenience. If any
section, phrase, sentence or portion oft this Ordinance is for
any reason held invalid or unconstitutional by any court of
competmnt Jurisdiction, such portien cheil bm dammed a
smparatm, distinct and ind,pmndent provision, and such holding
shall not affect the validity of the remaining portions
thereof.
SECTION FIVE: Effective Date
This Ordinance shall become effective upon receipt of
acknowledgment 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
Commissioners of Collier County, Florida, this ~th day of
May ., 1992.
· .:.~ATT~ESTf':". BOARD OF COUNTY COM~ISSION~RS
Clerk COLLIER CO~NTY, FLORIDA
By: °
chairman
Approved as to form and
legal sufficiency:
e. tory of.~tat,'$
Assistant County Attorney c ,'] OCkmOw!~ge~]~) fhOt
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Words underlined are added; words s~ruek-~hrou~h are deleted.
~ STATE OF FLORIDA )
~ COUNTY. OF COLLIER
I0 ~AMES C. GILES, Clerk of Courts In and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
:t
Ordinance No. 92-29
which was adopted by ~he Board of County Oo~issloners on
the 6th day of May, 1992, during Special Session.
~. WITNESS my hand and ~he off~cial, seal of ~he Board of
'~ County Oo~ies~oners of Collier County, Florida, ~his 7~h
day of May, 1992.
By: /s/Ellte ~offman '?~"~ '
Deputy Clerk