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Ordinance 92-033 ORDINANCE NO. 92-33 AN ORDINANCE TO BE KNOW~ AS THE COLLIER COUNTY EDUCATIONAL FACILITIES SYSTEM IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION A.ND FINDINGS; ADOPTING A CERTAIN IMPACT FEE STUDY; PROVIDING FOR IMPOSITION OF EDUCATIONAL FACILITIES SYSTEM IMPACT FEES ON ALL EDUCATIONAL FACILITIES SYSTEM IMPACT CONSTRUCTION OCCURRING WITHIN COLLIER COUNTY; PROVIDING FOR PAYMENT AND COLLECTION OF EDUCATIONAL FACILITIES SYSTEM IMPACT FE'~S: DEFINING THE TERM EDUCATIONAL ~'~ FACILITIES SYSTEM IMPACT CONSTRUCTION; PRO- VIDING FOR PAYMENT AND USE OF MONIES; PROVIDING FOR A~£ERNATIVE FEE CALCUbAT~N; PROVIDING FOR EX~%PTIONS AND VESTED RIGHTS IN CONNECTION WITH EDUCATIONAL FACILITIES SYSTEM IMPACT FEES; PROVIDING FOR AFFORD- ABLE HOUSING EXEMPTION AND AFFORDABLE HOUSING REIMBURSEMENT; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PRO- VIDING FOR REVIEW HF~INGS; REQUIRING PERIODIC REVIEW; DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR REPEAL OF ORDINANCE NO. 78-36; PRO- VIDING FOR INDIVIDUAL CALCULATION OF IMPACT FEES; PROVIDING FOR CONFLICT AND SEVER- ABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER coUNTy, FLORIDA, that: ]%RTICLE I ~ENERAL Section 1.0~. Definitions When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "Accessory Building or Structure" shall mean a detached, subordinate building, the use of which is clearly indicated and related to use of the principal Building or use of the land and which is located on the same lot as the principal Building. "Affordable Housing" shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standard set forth and established in Appendix A of this Ordinance. "Alternative Educational Facilities System Impact Fee" shall mean any alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.04 or Section 3.08. "Alternative Educational Facilities System Impact Fee Study" shall mean a study prepared by an Applicant or Owner and submitted to the County Manager pursuant to Section 2.04. "Appl~9~t,'shalli.~ean 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, ~llt for the ~pport, shelter or enclosure of Perspns, chattels or property of any kind, or any other improvement,i~s6, o~ stru~%hre which creates ur increases the potential demand on the Educational Facilities System. This term shall'include tents,' trailers,' mobile homes or any v icl.s s lng in%nY way th ' unction of a Building. This term shall'hot'include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit. .., ~Building Permit" shall mean an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. For purposes of this Ordinance, the term "Building Permit" shall also include tie-down permits for those structures or build- inge, such as a Mobile Home, that do not otherwise require a Building Permit in order to be occupied. "Collier County Sqhool Board 5-Year Capital Outlay Summary" shall mean the summary of proposed capital facilities adopted pursuant to Collier County School Board action as amended from time to time. "County" shall mean Collier County, a political sub- division of the State of Florida. "County Attorney" shall mean the Person appointed by the Board to serve as its counsel, or the designee of such Person. "County Educational Facilities System" shall mean the Buildings, land, facilities, additions and improvements operated by the School Board of Collier County. "County Manager" shall mean the chief administrative officer of the County, appointed by the Board or the designee of such Person. "Dwelling Unit~ shall mean a Building or portion of a Building designed for or whose primary PurPose is for resi- dential'occupancy, and which consists of one or more rooms which ere arranged, designed or used as living quarters for one or more persons. -"Eduoational Facilities System Impact Construction" shall mean'land development construction designed or intended to permit,.more Dwelling Units than'the existing use of land. ".~:'"Encumbered" shall mean'monies committed by contract or purchase order in a'manner that obligates the School Board to expend=the encumbered amount upon the delivery of goods, the rendering of'services or the conveyance of real property interests by a vendor, supplier, contractor or Owner. "Florida Local Government Development Agreement Act" shall mean the provisions of Sections 163.3220 through 163.3243, Florida Statutes (1989), as amended or supplemented, or its successor in function. '~Impact Fee" shall mean the fee imposed by the County p~rsuant to Section 2.01 of this Ordinance. "Impact Fee Study" shall mean the study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 3.09. ~ % "Local Government Comprehensive Planning and Land Development Regulation Act" shall mean the provisions of Part II, Chapter 163, Florida Statutes (1989), as amended or supplemented, or its successor in function. "Mobile Home" shall mean manufactured homes, trailers, campers or recreational vehicles. For the purpose of imposing impact fees relative to Travel Trailers, which are otherwise herein encompassed by the term "mobile home", Travel Trailer lots or spaces shall be classified in conformance with the definition of uss provided for in the County's zoning reg- ulations and Comprehensive Plan. .."Owner" shall mean the Person holding legal title to the real property upon which Educational Facilities System Impact Construction is to occur. ,Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other entity. "Residential" shall mean Apartments, Condominiums, Mobile Homms,~Singlm Family Detached Hou,~s or Adult Congregate Living Facilities, as that. term is' defined by Section 400.402, Florida Statutes; .' ;~.run~School Board" shall mean the School Board of Collier ~'~n~Singl~ Family'Detached House" shall mean a home on an lndiwidual lot. Beotiom 1.02. Rules of Construotion .-. For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of. construction shall apply: a. In case of any difference of meaning or im- plication between the text of this Ordinance and any caption, iljustration, appendix, summary table, or iljustrative table, the text shall control. b. The wor~ "sha~l" is always mandatory and not discretionary and the word "may" is permissive. c. Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. d. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." e. Unless the context clearly indicates the contrary, where a regulation involves two or more items, 373 conditions, provisions, or events connected by the conjunction "and," "or" or "either ...or," the conjunction shall be interpreted as follows= -. .... (.1) "And" indicates that all the connocted terms, conditions, provisions or events shall apply. (2) "Or" indicates that the connected terms, · .. conditions, provisions or events may apply singly or in any combination. ...; (3) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly; but not in combination. f. The word "includes" shall not limit a term to th9 specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.- Ssot~on 1.0~. Findings It is hereby ascertained,' determined and declared that~ a. Future growth represented by Educational Facilities System Impact Construction should contribute its fair share to the cost of improvements and additions to the County Educational Facilities System that are required to accommodate the use of such facilities by such growth. b. Implementation of the Impact Fee to require future Educational Faci~lties System Impact Construction to contribute its fair share of the cost of improvements and additions to the County Educational Facilities System is an integral and vital element of the regulatory plan of growth management incorporated in the School Board 5-Year Capital Outlay Summary.~ c. Planning by the School Board of Collier County for the. County Educational Facilities System constitutes a balancing of anticipated need for facilities, based upon present knowledge and Judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamic nature of population growth, it is the intent of the Board and the School Board that the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.09, to insure that the Educational Facilities System,Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their'imposition. d. The imposition of the Educ:tional Facilities System Impact Fee. is designed and intended to pruvide a source of revenue to fund the construction or improvement of the~Educational Facilities System in conjunction with elements of anticipated growth as delineated in the School, Board 5-YearCapital Outlay. Summary. ~' . e..' .The. Board'spectfically finds that Educational Facilities benefit all residents of the County and, ,~::;therefore, Educational Facilities System Impact Fees shall be imposed in all areas of the County, including both the unincorporated area and within municipal boundaries. f. This Ordinance shall not be construed to permit the collection of Impact Fees from Educational Facilities System Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Educational Facilities System generated by the Educational Facilities System Impact Construction occurring subsequent to the effective date of this Ordinance. g. All improvements and additions to the Educational Facilities System needed to eliminate any deficiency shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Educational Facilities System Impact Fee shall be utilized only for the acquisition of improvements and additions to the Educational Facilities System which are necessitated by Educational Facilities System Impact Construction occur- ring subsequent to the effective date of this Ordinance. h. The Board recognizes that the School Board policy is that the improvements and additions to the Educational Facilities System, required to accommodate future, growth, shall be funded by the revenue derived from the. Educational Facilities System Impact Fees as well as by existing revenue sources. Therefore, credit shall be given for tax revenue sources which have been utili=ed in prior years for the funding of Educational Facilities System improvements or additions. In the event that this pol.lcy is altered by the subsequent action of the School Board~ or if'additional revenue is received and committed for growth-necessitated improvements and additions of the Educational Facilities System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section. 3.09 and credit shall be given for any revenue which has been utilized for growth-required improvements and additions to the Educational Facilities System. I. The provisions in this Ordinance relative to developer contribution credit represent an innovative land development regulation which the Local Government Comprehensive Planning and Land Development Regulation Act encourages local government to employ via its land development regulations. Section ~.04. Adoption of Impact Fee Study and Collier county School Board S-Year Capital Outlay S~mary The Board hereby adopts and incorporates by reference the study entitled "Impact Fees for Educational Facilities in Collier County, Florida" dated May 4, 1992, particularly the assumptions, conclusions and findings in the study as to the determination of anticipated costs of additions to the Educational Facilities System required to accommodate growth. In addition, the Board recognizes and adopts by reference the current Collier County School Board 5-Year Capital Outlay Summary. --7-- ' ARTICLE II EDUCATIONAL FACILITIES SYSTEM IMPACT FEE Section 2.01. Imposition a;-.All Educational Facilities System Impact Construction occurring within Collier County, including that which occurs within the boundaries of a municipality, shall pay an Educational Facilities System Impact Fee in accordance with the schedule shown on Appendix B of this Ordinance. b. The Board hereby adopts the Educational Facilities System Impact Fees incorporated within Appendix B which shall be imposed upon. all'Educational Facilities System Impact Construction occurring within the County. c~.::"The'Educational Facilities System Impact Fee shall be paid in' addition to all other fees, charges and assessments due for the'issuance of any Building Permit and is intended to provide funds only for growth-necessitated improvements and additions to the Educational Facilities System. Bection 2.02. Payment a. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit, an Applicant shall pay the appropriate Educational Facilities System Impact Fee as set forth in Section 2.01. (1) If the Educational Facilities System Impact Construction is located within the unincorporated area of the County, the E~ucational Facilities System Impact Fee shall be paid directly to the County. (2) If the Educational Facilities System Impact Construction is located within a municipality and the governing body of the municipality by interlocal agreement with the School Board or otherwise has agreed to require payment of the Impact Fee as a condition of the issuance by the municipality of a Building Permit, then such Impact Fee shall be paid to the City. (3) If the Educational Facilities System Impact Construction is located within a municipality and the governing body of the municipality has not agreed to require the 'payment of the Impact Fee Statement as a condition of the issuance of a Building Permit by the municipality, then the Impact Fees shall be paid as ..... provided in Section 3.06. ~ b. The. obligation for payment of the Educational Facilities System Impact Fee shall run with the land. c. In the event that a Building Permit issued for ~ducational. Faciliti~s Impact Construct]on expires prior to commencement of the Educational Facilities Impact Construction for.which'it was. iSsued,~the Applicant may, within ninety (90) days of the expiration of the Building Permit, apply for a refund of the Educational Facilities Impact Fee. Failure to timely apply'for a refund of the Impact Fee shall waive any right'.to a,~refund. 1. The application for refund shall be filed with the County Manager and contain the following: . .~: (a) The name and address of the Applicant; (b) The location of the property which was the subject of the Building Permit; (c) The date the Impact Fee was paid; (d) A copy of the receipt for payment of the Impact Fee; and (e) The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the Educational Facilities Impact Construction has not been commenced, the County Manager shall send a written request for refund of the Impact Fee paid for such Educational Facilities Impact Construction to the School Board. 3. A Building Permit which is subsequently issued for Educational Facilities Impact Construction on the same property which was the subject of a refund shall pay the Impact Fee as required by Section 2.01. ' Beotion 2.03, Uss of Honiss a. The Board understands that the School Board shall accept'the responsibility for establishing a separate trust account for the Educational Facilities System Impact Fees, to be designated as the "Educational Facilities System Impact Fee ~, Trust Account" which shall be maintained separate and apart from all.other accounts of the School Board. All Educational Facilities System Impact Fees shall be deposited into said trust account i~mcdiately upon receipt. ..... · ~b.~ The monies deposited into the Educational Facilities System Impact Fee trust account shall be used solely for the i?~' purpose of providing growth-necessitated construction improve- ~ mants~and additions, to the Educational Facilities System . including; but~not limited to: i~.' '::.": ~' (1) .... Design or construction plan preparation; (2) Permitting and fees; (3) Land and materials acquisition including any costs of acquisition or condemnation; (4) Construction and design of Educational Facilities System Buildings, facilities or improvements :' and additions thereto; (5) Design and'construction of drainage facilities required by the construction of Educational Facilities System Buildings, facilities or improvements and additions ~i' thereto; , ' (6) Relocating utilities required by the con- struction of Educational Facilities System Buildings, facilities or improvements and additions thereto; (7) Landscaping, incident to or necessitated by the expansion of the Educational Facilities System buildings, facilities or improvements and additions thereto; · (8) Construction management or inspection; (9) Surveying, soils and material testing; (10) Repayment of monies transferred or borrowed from any budgetary fund of the School Board, including monies borrowed subsequent to the adoption of this ordinance which were used to fund construction, acquisition of improvements and additions to the Educational Facilities -..System as herein provided; ....... (11) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness including Certificates of Participation in accordance with Sections 230.23 and 235.056, Florida Statutes issued by the School Board of Collier County to fund growth-impacted improvem, nte and additions to the - -~r{Educational Facilities'System; and · . .-. (12) Reimbursement of Educational Facilities System · ,'..t~Impact Fees due an Applicant pursuant to Section 3.05. .~ .... :' (13) To the extent provided by law, reimbursement or refund of costs incurred by-the County and the School Board in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09, and any other adminis- trative costs incurred by the County and the School Board. c. Funds on deposit in the Educational Facilities System Impact Fee trust account shall not be used for any expenditure that would be classified as a maintenance or repair expense. d. The monies deposited into the Educational Facilities System Impa6t Fee trust account shall be used solely to provide improvements and additions to the Educational Facilities System required by growth generated by Educational Facilities Impact Construction as identified in the Impact Fee Study. e. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the School Board. All income ~erived from such investments shall be deposited in the Educational Facilities System Impact Fee trust account and used as provided~.herein. f. The Educational Facilities System Impact Fee collected pursuant to this Ordinance shall be returned to the then current owner of the property on behalf of 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 annivs~ary of the date upon which such fee was paid. Refunds due under these circumstances shall be made only in accordance with the following procedure: · · ' (1) The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the Educational Facilities System Impact Fee. ' ~:',-"'(2)" The'petition for refund shall be submitted to the County Manager, on a form approved by the County Manager,'and shall contain: · . (a) A sworn statement that the petitioner is ?%; the then current Owner of the property on behalf of which the Impact Fee was paid; copy of 'th. dated r.oeip lesu.d 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 or other instrument evidencing title; a rep- resentation that the most recent recorded deed or other instrument reflects the exact names of all current legal owners; a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the School Board pursuant to the request of the County. (d) A copy of the most recent ad valorem tax bill. (3) Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the petitioner and the Board pursuant to the written verification received from the School Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within the 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 basil of the first fee An shall be the first fee out. g. Any Owner entitled to a refund who fails to file a timely-petition for a refund upon becoming eligible to do so shall bm deemed to have waived any claim for a refund, and the School Board shall be entitled to rQtain and apply the impact fees for growth-necessitated capital improvement3 and additions to the Educational Facilities System. Bection 2.04.. Alternative Fee Calculation a~ -In the event an Applicant or Owner believes that the impact to the Educationak Facilities System necessitated by his Educational Facilities System Impact Construction is less than the fee established in Section 2.01, such Applicant or Owner may, prior to issuance of a Building Permit for such Educational Facilities System Impact Construction, submit a calculation of an Alternative Educational Facilities System Impact Fee to the Office of the County Manager pursuant to the provisions of this Section. b. Upon timely submission of an Alternative Educational Facilities System Impact Fee calculation, the basis therefor as set forth in subparagraph "c" and receipt of the Alternative Educational Facilities,System Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the Alternative Educational Facilities System Impact Fee and shall provide the petitioner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Educational Facilities System Impact Fee was submitted. c. The Alternative Educational Facilities System Impact Fee calculation shall be based on data, information or assump- tions contained in this Ordinance and the Impact Fee Study or an independent source, provided that the independent source is a local study supported by a professionally prepared data base determined by the Board to be adequate for the conclusions contained in such study, performed according to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. d. fi, during a prior Alternative Foe calculation process, an acccptable Alternative Educational Facilitiem System Impact Fee Study substantially consistent with the criteria'required by this Section has been accepted by the Board, and if such study is determined by the Board to be now current and applicable, the Educational Facilities System impact of such previously approved Educational Facilities System Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Educational Facilities System .Impact Fee shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that such an impact study based upon an independent source conducted and acceptt~d by the Board more than two years earlier is invalid. e. If the Board, in conjunction with the School Board, determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Educational Facilities System Impact Fee complies with the requirements of this Section and that the Alternative Educational Facilities System Impact Fee was calculated by the use of a generally accepted methodology, then the Alternative Educational Facilities System Impact Fee shall be paid in lieu of the fee set forth in Section 2.01. f. If the Board, in conjunction with the School Board, determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Educational Facilities System Impact Fee does not comply with the require- ments of this Section or i~her~ not equitable or that the Alternative Educational Facilities System Impact Fee was no= calculated by the use of a generally accepted methodology, then the County shall provide to the Applicant by certified mall, return receipt requested, written notification of the rejection of the. Alternative Educational Facllities..System impact Fee and the reason therefor. .. g. At the sole discretion of the Board the alternative impact re&. review hearing may be adjourned or continued for up to.thirty (30) days to cau2e further study or scrutiny o~ any propo=ed Alternative Educational Facilities syutem Impact Fee or.'Alternative'Educational Facilities System Impact Fee Study by County staff, School Board staff, or outside consultants. The-final decision of the Board shall be in writing and issued within twenty (20) calendar days of the close of the review hearing.: .... "h. Any Applicant or Owner who has submitted a proposed AlternatiYe Educational Facilities System Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to, or at the time the proposed Alternative Educational Facilities System Impact Fee is submitted, the applicable Educational Facilities System Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid "under protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded by the School Board. ARTICLE III MISCELLANEOUS PROVISIONS Beotion 3.01. Exemptions The following shall be exempted from payment of Impact (a) Alterations or expansion of an existing Dwelling Unit where no additional Dwelling Units ars created. -15- (b) The construction of Accessory Buildings or structures which will not create additional Dwelling Units. .. (c) The replacement of a Dwelling Unit where no ..... additional Dwelling Units are created. (d) The construction of publicly owned Residential housing. (e) The issuance of a tie-down permit on a Mobile · Home on which applicable Educational Facllitie~ iyste~ .~ .~Impact Fees have previously been paid. Ssction-3~02. Changes of Size and Use 'Impact Fees shall be imposed and calculated for the alteration;=expansion or replacement of a Building or Dwelling Unit.or.the construction of an Accessory Building if the alteration, expansion or replacement of the Building or Dwelling Unit or the construction of an Accessory Building results in a land use determined to increase the number of Dwelling Units. Section 3.03. Vested Rights a. Any Owner of land which wag the subject of a devel- opment order prior to the effective date of this Ordinance may petition the Board for a Vested rights determination which may exempt the landowner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following criteria: (1) The existence of a valid, unexpired governmental act of the County authorizing the specific development for which a determination is sought; (2) Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this Ordinance. (3) Other factors that demonstrate it is inequitable to deny the Petitioner the opportunity to complete the previously approved development under the conditions of -16-' approval by requiring the Petitioners to comply with the requirements of this Ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the Petitioner the opportunity to complete the previously approved development: (a) Whether the injury suffered by the Petitiencr outweighs the public cost of allowing the development to go forward withcut payment of the .it Impact Fee required by this Ordinance; and ~:%::: (b)r-Whether. the expenses or obligations for the development were made or incurred subsequent to the ..r-r'r' ' effective date of. this Ordinance. .7.:'~ b.-_:The:County Attorney shell make a written deter- mina~ion-as to, whether the Owner has a vested right and, if so, whether the vested right may exempt the Owner from the pro- visions of this Ordinance. ¢. Any Owner aggrieved by a decision of the County Attorney may appeal said decision pursuant to Section 3.08 to the Board within thirty (30) days of the date of the written decision, by filing said appeal with the Clerk to the Board and filing a copy with the County Attorney. d. Any written agreement entered into prior to the effective date of this Ordinance between the Owner of any property and the County, which establishes, restricts or prohibits the imposition of Educational Facilities System Impact Fees by the County shall be binding upon the County and not subject to the provisions of this Ordinance. However, if such existing written agreement is amended to increase the amount of Educational Facilities System Impact Construction permitted on the property, such additional Educational Facilities System Impact Construction shall be required to pay the Educational Facilities System Impact Fee as provided by the Ordinance. ft. 52 386 Section 3.04. Interest to be Paid on Certain Refunds a. Monies refunded by the School Board in accordance with Subsection "f" of Section 2.03 shall be paid with interest. Interest paid pursuant to this Subsection shall be paid at the rata of five percent (5%) simple interest. b. Except as provided for in Subsection "a" of this Section, no interest shall be paid upon the return of Educational Facilities System Impact Fees. Seotion 3.05. Affordable Housing a. The County shall exempt from the payment of the Educational Facilities System Impact Fee any new Educational Facilities'System Impact Construction which qualifies as Affordable'Housing and which new Educational Facilities System Impact Construction is funded in whole or in part by money race~yed pursuant, to a direct grant or subsidy from the United States, Department of Housing and Urban Development, or from any direct grant or subsidy program of the State or County created to assist in the construction of Affordable Housing. (1) Any Person seeking an Affordable Housing E~emption for proposed Educational Facilities System Impact Construction shall file with the County Manager an Application for Exemption prior to receiving a Building Permit for the proposed Educational Facilities System Impact Construction. The Application for Exemption shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential Property upon which the Educational Facilities System Impact Construction shall be constructed; (c) The nature of the governmental grant or subsidy, including any terms, restrictions or conditions as to its use; (d) Documentation evidencing finalization of approval for the governmental grant or subsidy; (e) Proposed use of the governmental g=ant or subsidy; (f) The proposed selling price if the ..-.: ... Educational Facilities System Impact Construction will be offered for sale or the.proposed rental price if the Educational Facilities System Impact Construction will be offered for rent; and (g) The number of bedr~o~,s in each Dwelling ... Unit of the. Educational Facilities System construction. ~~,~." (2) If the proposed Educational Facilities System Construction meets the requirements for an Affordable .... .rHousing Exemption, then the County Manager shall issue an .,~zImpact'Fee Exemption and notify the School Board of the -%.~..issuance of-the exemption~ The Impact Fee Exemption shall '. be presented in lieu of payment of the Educational Facilities System Impact .Fee pursuant to Section 2.02. . . .b. The School Board shall reimburse to the Applicant the Educational Facilities System Impact Fee for any Educational Facilities System Impact Construction which will be sold or rented for an amount which qualifies as Affordable Housing. (1) Any Applicant seeking a reimbursement of the Educational Facilities System Impact Fee for a proposed Educational Facilities System Impact Construction shall file with the County Manager an Application for Reimbursement prior to receiving a Building Permit for the proposed Educational Facilities System Impact Construction. The Application for Reimbursement shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential Property upon which the Educational Facilities System Impact Construction shall be constructed; (c) The proposed selling price if the Educational Facilities System Impact Construction -19- will be offered for sale or the proposed rental price if the Educational Facilities system Impact Construction will be offered for rent; and ........ (d) The number of bedrooms in each Dwelling Unit of the Educational Facilities System Impact Construction. (2) If the proposed Educational Facilitie~ System Impact Construction meets t~e preliminary requirements for an Affordable Housing Reimbursement, then the County Manager shall issue an Authorization for Reimbursement to the Applicant'for the proposed Educational Faoilities System Impact Construction. nc -. (3)':'The Applicant for the Educational Facilities System Impact Construction who has received an Authori- zation for Reimbursement shall pay the Educational Facilities System Impact Fee due pursuant to Section 2.01 of this Ordinance. (4) If the Educational Facilities System Impact Construction is being offered for sale, the Applicant may obtain a reimbursement of the Educational Facilities System Impact Fee by presenting the Authorization for Reimbursement and documentation indicating the actual selling price of the Educational Facilities System Impact Construction to the County Manager. Such documentation shall be submitted within ninety (90) days of the sale of eaoh Dwelling Unit in the Educational Facilities System Impact Construction. Failure to submit such documentation within the time required shall be deemed a waiver of the right to reimbursement. After reviewing the documentation provided and determining that the requirements for Affordable Housing Reimbursement have been satisfied, the County shall request that the School Board reimburse the Educational Facilities System Impact Fee to the Applicant. (5) If the Educational Facilities System Impact Construction will be offered for rent, the Applicant may -20- obtain a reimbursement of the Educational Facilities System Impact Fee by presenting to the County Manager the Authorization for Reimbursement and documentation Indi- cating the total monthly rental received for the immediate past calendar year, or for that portion of the initial calendar year for which the Educational Facilities System Impact Construction is rented. Such documentation shall be submitted within ninety (90) days of the end of the calendar year. Failure to submit such documentation required shall be daemcd a the within the time waiver of right to reimbursement~" After reviewing the documentation and determining that the requirements for Affordable Housing Reimbursement have been satisfied, the County shall request that the School Board reimburse the Applicant an. amount equal to one-seventh (1/7) of the Educational Facilities System Impact Fee paid. (6) Such annual reimbursements may be received for seven (7) consecutive years. Failure to timely apply for reimbursement in any year or the failure to provide documentation that the total monthly rental received per Dwelling Unit for the entire calendar year was within the limits established shall waive the Applicant's right to reimbursement in that and any subsequent year. (7) The reimbursements of the Educational Facilities System Impact Fee shall be paid by the School Board within forty-five (45) days of submission of the Authorization for Reimbursement and proper accompanying documentation indicating the sales price or the total monthly rental for the immediate past calendar year. The School Board shall pay such reimbursement from the accumulated Educational Facilities System Impact Fees collected pursuant to Section 2.01. (8) The right to reimbursement shall be only available to the Applicant as stated on the Application for Reimbursement and may not be transferred, sold or assigned to any other Person. c. For an Educational Facilities System Impact Construction. project to receive an Affordable Housing Exemption or an~Affordable Housing Reimbursement, the amount for which the Educational Facilities System Impact Construction proJeot may bm'sold or rented must be restricted to an amount within the standards contained in Appendix A, as amended from time tu time by. Resolution of the Board, end such restriction must continue for a period of seven years from tho issuance of the Building Permit; · Such. restrictions must be contained within the deed for-the Educational Facilities System Impact Construction project'or within the provisions of an agreement entered into~between the County and both the Applicant and the Owner,.of the'Educational Facilities System Impact Construction project. No Affordable Housing Exemption or Affordable Housing Reimbursement shall be granted for an Educational Facilities System Impact Construction project which consists of a Mobile Nome.. d. In determining the total monthly rental charge for the purpose of determining eligibility for an Impact Fee Exemption or Authorization for Reimbursement, all payments which are required to be made by a tenant as a condition of residing at such Dwelling Unit shall be included. e. For an Educational Facilities System Impact Construction project which receives an Impact Fee Exemption or an Affordable Housing Reimbursement, the School Board shall pay into the Educational Facilities System Impact Fee trust account the amount of the Educational Facilities System Impact Fee from Capital Improvement Tax (CIT) funds or any other legal .ourc.. f. For the purposes of this Section, site acquisition, site development, site preparation and infrastructure con- struction required for an Educational Facilities System Impact Construction shall be part of the construction process. g. An Applicant who has been denied an Impact Fee Exemption or an Authorization for Reimbursement may request a review hearing on such decision pursuant to Section 3.08. Section:3.06. Alternative Collection Method In.the event the Educational Facilities System Impact Fee is not. paid prior to the issuance of a Building Permit or otherwise within ninety (90) days of the subject lands becoming characterized as Educational Facilities System Impact Construction, as determined by th- County Manager, the County shall.proceed to collect the Educational Facilities System Impact. Fee as. follows: -. ~ a. The County shall serve, by certified mail, return -- -receipt requested, a Notice of Impact Fee Statement upon ..-":rthe.Ovner:'.at the address appearing on the most recent ---'records maintained by the Property Appraiser of the County. If the Building is under construction, the County shall also serve, by certified mail, return receipt requested,, a Notice of Impact Fee Statement upon the Applicant at the address set forth in the application for Building Permit and make a diligent effort to also attach a copy of the Notice of Impact Fee Statement to the : Building Permit posted at the affected construction site. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the Applicant or the Owner, or, if the Building is under construction, the date said notice was attached to the Building Permit, whichever occurs first. The Notice of Impact Fee Statement shall contain a reasonable legal description of the property and shall advise the Applicant and the Owner that: (1) The amount due and the general purpose for which the Educational Facilities System Impact Fee was imposed; (2) A hearing pursuant to Section 3.08 may be requested within thirty (30) calendar days from the -23- effective date of service of the Notice of Impact Fee Statement, by making application to the Office of the County Manager. ....... (3).iThe Educational Facilities System Impact Fee shall be delinquent if not paid and received by the County within thirty (30) calendar days of the · . effective date of service of the Notice of Impact Fie Statement if a hearing ia not requaat~d pursuant to .. Sections 2.04 ur 3.07. · '(4) Upon becoming delinquent, the Educational Facilities System Impact Fee shall bear interest on the unpaid amount until paid. -~' (6) In the event the Educational Facilities System Impact Fee' becomes delinquent, a Notice of ": Claim of Lien against the property will be recorded in the Official Records of the County. b. The Educational .Facilities System Impact Fee shall be delinquent if, within thirty (30) calendar days from the effective date of service of the Notice of Impact Fee Statement, neither the Impact Fees have been paid and received by the County, nor has the Owner properly complied with the provisions of Section 2.04, nor has a review hearing been requested pursuant to Section 3.08. In the event a hearing is requested pursuant to Sections 2.04 or 3.08, the unpaid Impact Fees shall become delin- quent if not paid within thirty (30) days from the date the Board determines the amount of Impact Fees due upon the conclusion of such a hearing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said Notice of Impact Fee Statement or the date of the Board's decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business -24- day. Upon becoming delinquent, tho Impact Feas shall bear lntarest at the statutory rate for final Judgments calculated on a calendar day basis, until paid. o. Should.the Educational Facilities System Impact Fee become delinquent as set forth in Subsection "b," the County shall serve, by certified mail return receipt requested, a Notice of Lien upon the Applicant, if the Euilding is under construction at th, address indicated in th- application for the Buildinq Permit, and upon the dalinquent Owner at the address apDearing on the most recant'records maintained by the Property Apprais~r of the County. The Notice of Lien shall serve to notify the delinquent Applicant and Owner, as the case may bu, that failure, to pay the Educational Facilities System Impact Fee has caused the County to file a Notice of Claim of Lien with the Clerk of the Circuit Court. d. Upon mailing of'a Notice of Lien, the County Manager shall file a Notice of Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Notice of Claim of Lien shall contain the Owner's name, the legal description of the property, the amount of the delinquent Impact Fees and the date of their imposition. Thereafter, without further direction of the Board, staff shall proceed to eM?edi- tiously collect, foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. e. The County Manager shall file a Notice of Satisfaction of Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records upon receipt of full payment for a delinquent Educational Facilities System Impact Fee, interest due, and any recording expenses. Said Notice of Satisfaction of Claim of Lien shall reflect the appropriate recording infor- mation shown on the previously recorded Notice of Claim of -25- ~- f. After the expiration of one year from the date of ~7 recording of the Notice of Claim of Lien as provided ~: herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set !' forth, in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth h.r.in ? verbatim. ~, r .... ~.":The~liens: for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state', county, district and municipal taxes, superior to ~ . the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other Person except the lien ;~. of County taxes and shall be on a parity with the lien of any such County taxes until paid as provided herein. · h. The collection and enforcement procedures set forth in this Section shall be cumulative with, supple- i~' mental to and in addition to, any applicable procedures provided in any other ordinances or administrative '~ " regulations of the County or any applicable law ~,z administrative regulation of the State of Florida. ~: Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any ordinance or administrative regula- ~ .' tion of the County or any applicable law or administrative ~ regulation of the State of Florida. ~ i. The School Board shall reimburse the Board for ~. all reasonable costs of enforcement of this Section. i~ 8eetio~ 3.07, Developer contributiom Credit a. The County, pursuant to a recommendation contained in ~" a formally adopted Resolution of the School Board of Collier County, may enter into a contribution agreement with a devel- oper which grants a credit for Educational Facilities System Xmpact Fees imposed by Section 2.01 in exchange for certain donations of land, facilities and improvements or for the construction or installation of certain Educational Facilities System.Buildings, facilities or improvements and additions thereto. .Such land donation, constructio~, and improvement shall be subject to the approval of the Board and shall be an integral part of and a necessary accommodation to an existing or contemplated Educational Facilities System expansion pursuant to the adopted School Board Resolution., b. .The amount of developer contribution credit to be applied shall be determined according to the following stan- dards.'of valuation: ~':;' (1)'" Tho value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. (2) The cost of anticipated construction to the Educational Facilities System shall be based upon pro- fessional opinions of probable cost certified by a professional architect or engineer acceptable to the County. (3) In the case of contributions of construction, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions to the Educational Facilities System identified in a contribution agreement between the Owner and the Board. Upon adjustment of the value of the developer's con- tribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more -27- than seventy five percent (75%) of the initial as:imate of costs for contributions to the Educational Facill:ies System identified in the contribution agreement shall be actually applied or used in the calculation of available 'credit against Educational Facilities System Impa¢~ Fees. (4) The value of facilities and improvements shall be based on the actual cost. (5) No credit whatsoever for lands, easemen=s, .construction or infrastructure otherwise required to be built or .transferred to the County or the School Board by ._:.~aw, ordinance'or any other rule or regulation shall be considered or included in the value of any developer's contribution. · c.:' .All' construction cost estimates shall be based upon, and ~'construction plans, specifications and conveyances shall~be in conformity with, the construction standards and procedures of the School Board of Collier County. All plans and specifications shall be approved by the School Board of Collier County prior to commencement of construction. d. Prior to issuance of a Building Permit the Applicant shall submit to the School Board of Collier County and the County Manager a proposed plan and estimate of costs for contributions to the Educational Facilities System. The proposed plan and estimates shall include: (1) A designation and description of the Educational Facilities System Impact Construction for which the proposed plan is being submitted; (2) A legal description of any land proposed to be donated and a written appraisal prepared in conformity with Subsection "b"(1) of this Section; (3) Initial professional opinions of probable construction costs for the proposed construction provided by a professional architect or engineer; -28- (4) A proposed time schedule for completion of the proposed plan prepared by a professional architect or engineer; and :' . (5) A list of the contemplated Educational Facilities System improvements and facilities sought to be donated. (6) A written statement of the actual cost for any improvements and facilities sought to be donated. .... (7) A ~enty-F~ve Hundred Dollar ($2,500) pro- ' csssing, review and audit fee payable $1,250 to the County and $1,250~to the School Board. e. .Upon favorable review and recommendation of the School-Board of the proposed plan, the County Manager shall schedule a presentation before the Board at a regularly scheduled~meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the pre- sentation. ..f. .The Board shall authorize the County Attorney to prepare a contribution agreement with the Owner only if: (1) Such proposed plan is in conformity with contemplated improvements and additions to the Educational Facilities System; (2) Such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Educational Facilities System Impact Fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the Educational Facilities System; and (3) The proposed plan is consistent with the public interest; and (4) The proposed time schedule for completion of the plan is consistent with the most recently adopted Collier County School Board 5-Year Capital Outlay Summary. -29-' 052. 398 g. The processing, review and audit fee shall be returned to the Applicant if either the County Manager, the Board or the School Board determines that the proposed plan is not acceptable. The processing, review and audit fee shall become-non-refundable once the Board authorizes the County Attorney to prepare a contribution agreement. h. Any contribution agreement shall at a minimum include and provide for: (1) Identification of the parties including a representation from the Owner that he is the sol~ record owner of the real property described in the contribution agreement. If requested by the County Attorney, the '.';:Applicant or Owner shall provide to the County Attorney, :i .... '.at.no cost. to the County, an attorney's opinion idanti- :.~.::~:.fying'the. record owner, his authority to enter into the · ~contribution agreement and identify any lienholders having a lien or encumbrance on the real property which is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record owner, holds title, each lien or encumbrance, and cite appropriate recording information and lncor~.orate by reference a copy of all such referenced instruments. (2) A finding that the contributions contemplated by the agreement are consistent with the School Board 5-Year Capital Outlay Summary. (3) A legal description of the Educational Facilities System Impact Construction lands subject to the agreement. (4) The duration of the agreement, which shall not be for a period in excess of five years from the date of substantial completion of the approved plan of construc- tion or from the date of donation, but in no event shall the duration exceed seven years, exclusive of any mora- toria, from the date of recording in the Official Records. -30- (5) A description of the contributions to the Educational Facilities System to be made pursuant to the agreement. ~.~: .(6) An acknowledgment that the contributions ' contemplated under the agreement sha~l be construed and characterized as work done and property rights acquired by the School Board. (7) An acknowledgment that the contribution agree- ment shall not be construed or ch~racterized as a devel- opment agreement under the Florida Local Government Development'Agreement Act. ? .- (8) Adoption of an approved time schedule for completion of the proposed improvements. .' (9) .Determination of the amount of credit based upon the standard of valuation identified in Subsection "b" of this Section. (10) A requirement ~hat the Owner retain and provide adequate records and supporting documentation which concern or reflect total project cost of construction or installation of the improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five years from the termina- tion of the contribution agreement. (11) A requirement that the credit for impact fees identified in the contribution agreement shall run with the subject Educational Facilities System Impact Construction lands and shall be reduced by the entire amount of the Educational Facilities System Impact Fee due on the first Building Permit issued thereon and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. (12) That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall inure to, ell successors in interest to the parties to the contribution agreement. (13) An acknowledgment that the failure of the contribution agreement to address any permit, condition, term, or restriction shall not relieve either the Applicant or Owner, or their successors, of the nec(issity of complying with any law, ordinance, rule or regulation governing said permitting rsquire~nts, conditions, terms or restrictions. :.' (14) Compliance with the risk management guidelines which.may, be established by the County's Risk Management Department from time to time, including but not limited to insurance and indemnification language acceptable to the County end the.School Board. ~'~ :(15)'.Annual review and audit of performance under the contribution agreement to determine whether or not there has been demonstrated goOd faith compliance with the terms of.the contribution agreement and to report the credit applied toward payment of Educational Facilities System Impact Fees and the balance of available and unused credit. If the Board and the School Board of Collier County find, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. (16) Modification or revocation of the contribution agreement as is necessary to comply with relevant state or federal laws, if state or federal laws are enacted after the execution of the contribution agreement which are applicable to and preclude the parties' compliance with the terms of the contribution agreement. (17) Amendment or cancellation by mutual consent of the parties, or by their successors in interest, to the contribution agreement. ,oo, fl52 , 401 -32- (18) Recording of the contribution agreement in the Official Records within fourteen (14} days after the County enters into the contribution agreement. ~'' (19) The ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of the contribution agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcum~nt of the agreement. i. In the cvent the amount of developer contribution pursuant to an approved plan of construction exceeds the total amount'.o~ Impact Fees. possibly due from the Applicant based upon the~contemplated improvements to the Educational Facilities'System proposed by'the Applicant, the contribution agreement may provide for future reimbursement to the Applicant or Owner of.the.excess of such contribution credit from future receipts by the County of Educational Facilities System Impact Fees. Such agreement of reimbursement shall not be for a period in excess of five years from the date of recording the contribution agreement in the Official Records and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five-year period. J. In the event the amount of developer contribution pursuant to an approved plan of construction or donation of land exceeds the total amount of Impact Fee credits used on the benefiting Educational Facilities System Impact Construction lands identified in a contribution agreement, the contribution agreement may provide for the reimbursement of up to one-half (1/2) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from Educational Facilities System Impact Fees collected during the fiscal year immediately following the'fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, from the date of recording the contribution agreement in the Official Records, whichever shall first occur. Should the -33-' source of funds for reimbursement as described in this para- graph not be available within the time frames described herein, the remaining balance of any impact fee credits shall be forfeited. k. Any Applicant or Owner who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the proposed plan is submitted the applicable Educational Facilities SystemImpaot Fee pursuant to Section 2.01. Said payment shall be deemed paid "under protest" and shall not be construed as'a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the Board~ shall be refunded to the Applicant or Owner. Scot,om 3.08. ReVieW Hearings .' .'a'. An Applicant or Owner who is required to pay an Educational Facilities System Impact Fee pursuant to Section 2.01, shall have the right to request a review hearing. b. Such hearing shall be limited to the review of the following: (1) The. application of the Educational Facilities System Impact Fee pursuant to Section 2.01. (2) A denial of an Affordable Housing Exemption or Authorization for Reimbursement pursuant to Section 3.05. (3) The failure to grant or the granting of an insufficient Alternative Educational Facilities System Impact Fee pursuant to Section 2.04. (4) The granting of insufficient credits for the donation of land, facilities and improvements or con- struction of improvements and/or additions pursuant to Section 3.07. c. Except as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner within thirty (30) days, including Sundays and legal holidays, of the date of first receipt of whichever of the following is appli- -34- (1) Receipt of a Notice of Impact Fee Statement; (2) The denial of an Impact Fee Exemption or 'Authorization for Reimbursement; (3) Receipt of a Vested eights determination pursuant to Section 3°03; and · (4) The notification of the determination of any Alternative Impact Fee. Failure to request a hearing within the time provided snell be.'deem-d a wal¥.r of such right. ~d. The request for hearing shall be filed with the Offi=e of the County Manager and shall contain the following: (1) The name and address of the Applicant and Owner; (2) The legal description of the property in .~oqusstion; .. .(3~ If.'issued, the date the Building Permit was 'issued; (4) A brief description of the nature of the improvements on the property or the construction being undertaken pursuant to a Building Permit; (5) If paid, the date the Educational Facilities System Impact Fee was paid; and, (6) A statement of the reasons why the Applicant or Owner is requesting the hearing. e. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner and th· School Board of Collier County written notice of the time and place of the hearing. The hearing shall be held within thirty (30) days of the date the request for hearing was filed. f. Such hearing shall be before the Board and shall be conducted in & manner designed to obtain all information and evidence relevant to the request for the hearing. Formal rules of civil procedure and evidence shall not be applicable; -35- however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. g. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of & Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Educational Facilities System Impact Fee pursuant to Section 2.01. Said paym.nt shall be deemed paid "under prot-st" and shall not bo construed ~o e waiver of any review rights. :.¥::h. An Applicant.or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fee is paid in the amount approved upon completion of the review provided in this Section. ... Section 3.09. Review Rscruirsment a. This Ordinance and the Impact Faa Study shall be reviewed from time to time by the Board in connection with the Collier County School Board 5-Year Capital Outlay Summary. The review shall consider new estimates of population and other socioeconomic data and changes in construction, land ac.~ui- : sition and related costs and adjustments to the assumptions, conclusions and findings set forth in the study adopted by Section 1.04. The purpose of this review is to ensure that the Educational Fa~ilities System Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by Educational Facilities System Impact Construction. In the event the review Of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings adopted by reference in Section 1.04, revises or changes the Educational Facilities System or alters or changes the amount of Impact Fees, the study adopted by reference in Section 1.04 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt by reference such updated studies. b. In conjunction with the periodic review of the Impact Fee Study required in Subsection "a" of this Section, the Board in conjunction with, and pursuant to, the.recommendation of the School Board of Collier County shall review the availability and adequacy of revenue sources to construct improvements and additions to the Educational Facilities System determined in the. Impact Fee Study to be required ~o accommodate existing . development. Section 3.10. 'Repeal of Ordinance Number 7a-3S Ordinance Number 78-36 is hereby expressly repealed upon the. passage'of this Ordinance. Section 3;X1. Declaration of Exclusion from Administrative Procedures Act Nothing contained in this Ordinance shall be construed or interpreted to include the County or any municipality in the County in the definition of Agency contained in Section 120.52, Florida Statutes, or to otherwise subject the County to the apPl~ati°n of the Administrative Procedure Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion . sha~l apply to all proceedings taken as a result of or pursuant to this Ordinance including, but not limited to, consideration of an Alternative Educational Facilities System Impact Fee calculation under Section 2.04, a determination of entitlement to an Impact Fee Exemption or Authorization for Reimbursement pursuant to Section 3.05, the proposed plan for a developer contribution under Section 3.07, or a review hearing under Section 3.08. Bection 3.12. Beverabllity If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the event it is held or construed by any court of competent jurisdiction that i~ the county does not possess the power or authority to impose :~ the Educational Facilities System Impac~ Fee within any municipal areas er that the lmDosition of the Impact Fee within !~ such. areas ~s declared invalid or unconstitutional for an~ ~' purpose, such declaration of unconstitutionality or invalidity shall-.not aff~o~ ~h~ validity or con~titu=ionali=y of the .~. ~mposit~on of th~ Educational Fa~ili~i~ System Impac~ F~ In ~m unincorporated area of the County and It Is the ~ntmnt of ~.? ~e..County, in such event, that ~uch imposition of Impac~ Fees inral~"other areas, remain valid and in force. Be~tion 3.13. Effe~tive DA~t :-= :A:.certified copy of ~is Ordinance shall be filed with ~e ;: Depar~ent of State by ~e Clerk of the Board within ten (10) 'V~ days after enactment by the Board and shall take effect on Smpte~r 10, 1992. D~Y ~O~ED ~n reeler Session this 13th day of May, ~ ,9' :'~'~'.~ ~}~' l.'~-', ~, Chai~an ~ Approved as to fo~ and ':: legal sufficiency: .: ~ A~sistant County Attorney ~ ~~. ~ APPENDIX A AFFORDABLE HOUSING STANDARDS ~e following shall qualify as Affordable Housing for the purposes of receiving an Affordable ~oustng Exemption and Affordable Housing Rmimbursementl 1. A Dwelling Uni% which is offered for sale for a total amount not greater then: a. $36,000 for one bedroom Dwelling Unit. b. 845,000 for a two bedroom Dwelling Unit. c. $52,250 for a three bedroom Dwelling Unit. d. $60,000 for a four bedroom Dwelling Unit. 2. The Dwelling Unit which is offered for rent for a total monthly rental amount not greater than: a. $310 for a one bedroom Dwelling Unit. b. $390 for a two bedroom Dwelling Unit. c. $450 for a three bedroom Dwelling Unit. d. $520 for a four bedroom Dwelling Unit. APPE~:DIX B IM~At',' FEE ~ATES Collier County Public Impact Fees Single Family $1,778 Multi Family 827 Mobile Homes 1,234 IMPACT FEES FOR EDUCATIONAL FACILITIES IN COLLIER COUNT~, FLORIDA 2 Compon~ TABLE OF CONTENTS ~ 1. Introduction ....................... 1 ~{~, 2. Formulas Used to Devulop Impact Fees · for Educational Facilities ............... 6 3. Nexus of Benefits of Eduuatiol~al Facilities ........ 22 4% Calculation of Impact Fees for Educational Facilities... 30 LIST OF TABLES Table lz Costs of New Schools-- ............. Table 2z Standards for Students'Per School ......... 12 Table 3~ Public School Students per Household ....... 16 Table 4~ Enrollment and Capacity 1991/92 .......... 23 Table 5~ Enrollment Forecast ................ 24 Table 65 New Schools Required for Enrollment Growth .... 25 Table 7~ Educational Facility Costs per Student ...... 30 Table 8~ Calculated Enrollment ............... 31 Table 9~ Adjusted Multipliers ................ 32 Table 10~ Public School Cost per Dwelling Unit ....... 33 Table 11~ 5-Year Cost of New Educational Facilities ..... 36 Table 12~ Impact Fee Rates ................. 37 Henderson, Young & Company, 1992 1. INTRODUCTION Impact fe~s are charges paid by new d~velopment to reimburse local governments and school boards for the capital cost of public facilities that are needed to serve new development and the people who occupy the new development. Local governments and school boards charge impact fees on either of two bases. First, as a matter of policy and legislative discretion, they may want new development to pay the full cost of its share of new public facilities because that portion of the facilities would not be needed except to serve the new development. In this case, the new development is required to pay for all the cost of its share of new public facilities. On the other hand, local governments and school boards may use other sources of revenue to pay for the new public facilities that are required to serve new development. If, however, such revenues are not sufficient to cover the entire costs of new facilities necessitatef by ~ew development, the new development may be required to pay an impact fee in an amount equal to the difference between the total cost and the other sources of revenue. New development is synonymous with "growth." For some impact fees, new development includes new residential, retail, office, commercial, industrial and all other new construction. Impact fees for educational facilities, however, are charged only to new residential develoDment! houses, apartments, mobile home Darks, ! 5/4/92 and other residential construction. Non-residential new development is not charged school impact fees, ss exglained in Chapter 3. "Th~ "public facilities" that are needed by new development include schools, roads, water ,nd ,ewer plauts, parks, a~d 6t~er government facilities. This study covers schools and other educational facilities in Collier County, Florida. RUXgs Governing lmDact Fees in Florida Impact fees for educational facilities have been upheld by the Florida Supreme Court. In addition, Judicial decisions ':' regarding impact fees for other public facilities also apply tO the imposition of such fees by local governments in Florida. Several court cases* provide direction in three broad areas of the development of impact feesg (1) who pays, and how much (the "fair share" rules}, (2) where and how the fee can be used (the dual 'nexus of benefit" rules}, and (3) offsets against the fee (the "credits' rules). *There are six significant court cases that guide the development of impact fees in Florida: ~~ AssQciation of Pinellas County v. City of Dunedin. 329 So.2d (Fla. 1976); Holl~vwood. Inc. v. Broward County. 431 So.2d 606 (Fla. 4th DCA 1983); Home Builders and Contractors Assg~ Palm Beach County. Inc. v. Board of County Commissioners of Palm Beach County.. 446 So.2d 140 (Fla 4th DCA 1983); Seminole County City ~ Casselberry, 541 So.2d 666 (Fla. 5th DCA 1989}; Ormond Beach v. County of Volusia, 535 So.2d 302 (Fla. 5th DCA 1988}; and St. Johns County v. Northeast Florida~uilders ~, 16 FLW S264 (April 18, 1991}. The Local Government Comprehensive Planning and Land Development Regulation Act also touches on some aspects of impact fees. First, the "fair share" rules require that impact fees can be charged only for the portion of the cost of public capital facilities that is attributable to new development. Impact fees cannot bc charged to pay foz the cost of reduuing or eliminating deficiencies in existing facilities. Within this broad rule, specific guidance is given in several areas: It is perm%itted to distinguish among the impacts of different types of growth in establishing fee amounts (i.e., single family, multi family, mobile homes, etc.). ~--.---~' .Fee-payers~should be able to pay a smaller fee if they can demonstrate that their development will have less impact than is presumed in the calculation of the impact fee schedule for their classification of property (i.e., through land use restrictions), and Costs of facilities that will be used by new development and existing users must be apportioned between the two groups in determining the amount of the fee. Second, the dual "nexus of benefit" rules require a demonstrated reasonable connection (1) between the need for public capital facilities and the growth from the fee-paying development, and (2) between the expenditure of fee revenue and the benefits received by the fee-paying development. These two conditions limit where and when impact fees can be collected and used. There are many Qays ~hat the nexus of benefit can be established, including personal use and use by others in the family (direct benefit), use by persons who provide goods or services to the fee-paying property (indirect benefit), and geographical proximity (presumed benefit). The connections among needs, benefits and fees will vary according to the type of facility; schools will have different .1 $/4/~2 ' nexus of benefits criteria than roads. For example, the geographical relationship between a fee-paying development and the impact on a public capital facility is a function of th. nature of the facility. In the ~k~ cas~, the Florida Supreme Court'requires a unlform countywide system of impact fees in order to ~onform to the constitutional requirement of "a uniform system of free public schools" (Article IX, Section 1, Florida Constitution, emphasis added). Furthermore, the fee revenue must be expended within a r~aso~able period of time, but there is no single maxim%un limit that applies to all impact fee expenditures. Explicit limitations on the expenditure of fees must be adequate to guide government personnel, and fee revenue must be earmarked for specific uses related to the public capital facilities. Finally, tho *credits" rules allow a fee-payer to have an impact fee reduced to reflect (1) contributions of land, cash, facilities, or other assets that meet the same need as the fee, and (2) future payments of taxes that would ordinarily be used for the same public capital facilities for which the impact fee is being charged. Without such credits, the fee-paying development might pay more than its fair share. Court cases and legislation do not prohibit a local government or school board from establishing reasonable constraints on determining credits. For example, the quality and design of a donated public facility should conform to adopted local standards for such facilities. 4 5/4/92 l~ur~ose of This Study This study of impact fees for educational facilities in Collier County, Florida presents the methodology, summarizes the data, and explains the calculation of tho. foes. The m~thodology designed to comply with the requirements of Florid~ law. · 2. FORMULAS USED TO DEVELOF. IMPACT FEES i~, FOR EDUCATIONAL FACILITIES Several formulas are used to d.termtne the amount of impact fees for new educational facilities that arq required as a result 'of,new development. First, the co,t p-r student is.calculated by pro'rating the cost of a typical new school among the enrollment capacity (i,e,, student stations) of that school. Second, the cost per student is converted to a cost per household (dwelling unit) by multiplying the cost per student by a factor representing the number of public school students per household for each type of dwelling unit. Finally, the cost per dwelling unit is reduced by the amount of other revenues that are used by the School Board to pay part of the cost of new educational facilities. The formulas used to calculate impact fees for educational facilities are described below to provide an understanding of the , calculations which are presented in Chapter 4. The d¢,acriptions . of the facts that are used in the formulas explain the need for, and use of, the data itself. The impact of new development on educational facilities is i/" co~nuted on the basis o~ statistical standards~ the expenditure of ~" the fees will be tied to specific improvements in the Collier County School Board 5-Year Capital Outlay Summary. This method ' uses standards of service to define the size of the school system that is required to serve new development (i.e., students per i:' school, and Square feet per student). Specifically, the standards for square feet per student are the basis for the cost of buildinqs per student. The standards for students per school are 052,, 417 the basis for the cost of land and site improvements per student. Some ~pact fees for other types of public facilities (l.e, roads, parks, etc.) are based on speciZic lists of Plannwd facilities, and the amount of the fee is determined by allocating. the cost of the new facilities among the projected fee-paying developments. (These "improvements-driven" impact fees use standards of service as the basis for preparing the list of improvements.) Impact fees for educational facilities are not "improvements-driven" because it is not possible to accurately allocate costs of specific schools between "new" and "existing" students.* Impact fees for educational facilities in Collier County %~are based on standards-driven cost analysis because the standards accurately represent the amount of school capacity needed for each new dwelling unit, and the cost of providing the require~ capacity is the basis of the impact fee For~muls 1~ Cost De= Studen~ The cost of educat onal facilities per student is ~alculated by dividing the cost of a school or ancillary facility by the ~, number of students that are served by that school or facility. *See the discussion of zones in Chapter 3 for elaboration on ,he problems of allocating benefits and costs among specific )rovements. There are four 'levels# of educational facilities in Collier County, and each level has its own cost per student= lA. Cost 9er Elementary School _ · Cost per Elam. Student Students per Elementary School lB.._~~e School .- Cost per Middle Student Students per Middle School lC. Cost per ~igh School · Cost per High School Student Students per High School 1D. Cost of Ancillar~... Facilities - Ancillary Cost per Student Total Enrollment There are three variables used in formulas lA ID that require explanation~ (A) the levels of educational facilities, the costs of educational facilities, and (C) the number of '.-students per school. (a) Levelm of Educational Facilitiem The Collier County Public Schools are structured by grade · level~ elementary schools.serve kindergarten through Bth grade, middle schools'serve grades 6 through 8, and high schools serve .?~. grades 9 through 12. Schools at each level are designed to meet different educational needs for different numbers of students; therefore, each level is analyzed separately in this study. In addition, the Collier County Public Schools require a !ivariety of maintenance, storage, and office facilities for "custodians, educational specialists, bus drivers, and administrative staff. In the official terminology of State regulations, these are called "ancillary" facilities, and they are analyzed separately as they support all of the students at all 'grade levels. Supper[ facilities tha~ are located at schools, such as =afeterias and principals' offices, are called 'auxiliary" fscilitiesl The cost of auxiliary facili=ies are included in the .~cost of new schools, and are not analyzed separately. Variable (B) Costs of Educational Facilities The standards-driven costs in this study represent the cost of typical new schools and ancillary facilities. 'Mos= of the ¢.'additional capacity in educational facilities will be provided by Cr ~' con~t~UCting new facilities, however some capacity may be provided by expanding existing facilities. Throughout this study, any reference to new educational facilities includes expansion of existing facilities as well as construction of new facilities. '. Typical new schools in Collier County are designed for enrollment capacities of 852 elementary students, 1,Z93 middle ' ~school students, and 1,852 high school students. The cost of each ~new school includes land, design, structures, equipment and "furniture, site improvements, connection fees, testing {soil, ]!~ ~ materials, etc.), and other costs, including legal and !,'~ administrative. Table I itemizes the costs of these major categories of expense for new schools recently completed or .currently under construction. The elementary and middle schools 'used as the basis of the constru~=t~on cost data are Lake Park Elementary, ~ely Elomentary, Vineyards Elementary, Golden Terrace ~'Elementary, Village Oaks Elementary, Immokalee Middle School and [ East Naples Middle School. The cost for a high school is based on {L ~ ~ro~o-typ~ facility. (An analysis of the cost for expansion of ~ existing high schools indicated that the cost per student is a~Proximately the same whether the additional student capacity is .i,~ provided by expanding' an existing facility or building a new school.} Land cost data was developed by determining (from the Collier County Property Appraiser recordsl the average value per acre for undeveloped property owned by Collier County Public · ' Schools. The cost of ancillary facilities is determined by :>i. estimating the replacement cost of all existing ancillary facilities. The cost items lis~ed be/ow are all allowable capital costs according to Section 6A-2.0205, Florida Administrative Code. lO $141~2 ~. TABLE l ~:" COSTS OF NEW SCHOOLS , Collier County Public Schools · _ Cost Itc~ , Ele~l~ ~ ~igh School Land $ $15,S$0 $ 824,880 $ 1,237,320 Design 347,051 747,643 1,100,000 Structures 5,419,160 9,873,310 24,382,500 Equipment & Furniture 749,700 X,199,700 1,395,900 Site Improvements 1,052,$30 753,762 4,050,000 Utility & Other Fees 56,048 84,073 84,073 Testing 17,929 18,911 67,500 Other 522,280 1,045,547 1,350,000 TOTAL 8,680,248 14,547,826 33,667,293 Source~ Collier County Public Schools The cost amounts are provided by the Collier County Public :':Schools. The land costs are based on $20,622 per acre. Building costs per square foot range from $64.50 for ancillary facilities, to $88.53 for middle schools, $90.72 for elementary schools, and $111.82 for high schools. The building cost includes all costs :~:.. except for land. , . ':.-.' To calculate the full fair share impact fees, all of the ]!/'Costs of providing a fully functioning school are included, including water and sewer hook-up fees. {~; There are no interest costs for long-term financing included in the costs on Table 1. Specifically, the interest expense for 11 $14192 1988 and 1990 Certificates of Particigation leases are not 'included An the direct costs of new schools that are itemized il~ . Table 1 because impact leos can b~ used to repay growth's portion ~'iof the cagacity Drovided by ~hu leaoe. If the School BOdrd elects ?to aid the carrying costs for long-term financng =o the costs in Table 1, the impact fees could be recalculated to include such costs. ~Fariable (C) Students per School Table 2 lists the standards for average square feet per : student which are used by Collier County Public Schools, as well as the State Department of Education standards for average square ~;%'feet per student. The Collier County Public Schools standards are ~the same as those recommended by ~he State. TABLE 2 STANDARDS FOR STUDENTS PER SCHOOL Collier County Public Schools Ay_g~ Students per County State New Elementary Schools 852 ' Kindergarten 38 38 n.a. ~ ' 1-3 38 38 n.a. 4-5 32 32 n .a. M~ddle Schools 30 30 1,193 High Schools 27 27 1,852 Students per School, Average Square Fee~ per Student from , . Collier County Public Schools~ State Average Square Feet i~:~.i, per Student from SecLion 6A-2.032, Florida Adminis~rative Code. Table 2 also lists the "standard" Collier County Public i~%iSchools use for the number of students at a typical new school. Typical new schools in Collier County are designed for enrollment i~,,:capac~ties of 852 elementary students, 1,193 middle school i. students, and 1,852 high school students. These capacities are based on "proto-type" schools operating on the traditional calendar for the school year. The impact fee rates are based on the policy of the School Board for the school .:.calendar. Collier County Public Schools is currently reviewing 3~ the concept of "year-round" schools. If the Collier County School :~' Board changes it's policy on the school calendar, the impact fee >~ rates can be recalculated to ~eflect any increase in capacity of 'the schools that results from the change in the school calendar. FQrmula 2: Cost esr Dwelline Unit The cost of educational facilities per dwelling unit is determined by multiplying the cost per student by the number of , public school students per household (dwelling unit}. Euch of the ii~ifour "levels" of educational facilities is analyzed separately. ~. 2A. Elementary Cost X Elem. Students - Elementary Cost per ~.' per Student ' per HouseholdT* Dwelling UnitT 2B. Middle School Costx Mid. Students - Middle Scl Cost per per Student per HouseholdT Dwelling UnitT i~: 2C. High School Cost X H.S. Students ~ High Scl Cost per per Student per HouseholdT Dwelling UnliT 2D. Ancillary Cost X All Students - Ancillary Cost per per Student per HouseholdT Dwelling UnitT ~ *T means Type (i.e., single family, multi family, or mobile home} . cost per dwelling unit for each school level is calculated for different types of dwelling units. There is one new variable used in formulas 2A - 2D that requires explanstlon~ (D) stuUents per huusnhold. Variable (D) StudsntJ per houJehold. The number of public school students per household is the factor used to convert the cost of schools per student into the cost of schools per dwelling unit. The cost per student (from formulas lA - 1D) is multiplied by the number of students per household to calculate the cost per dwelling unit of each level of educational facility. Different kinds of dwelling units typically have different numbers of students that live in them. Generally, single family dwelling units have more students than multi family dwelling units · (i.e., apartments or condominiums} and mobile homes. Furthermore, each type of dwelling unit has a different number of students at each school level (i.e., elementary, middle and high school). Generally, there are more elementary students than middle or high school students per dwelling unit. Throughout this study, the data measuring students per household will be applied to three · . types of housing (single family, multi family, and mobile homes) at three levels of education {elementary, middle, and high school). ~.. The impact of each type of dwelling unit on the public schools can be calculated accurately by multiplying the cost per student (for each level of educational facility) by the number of students in each ty~ of dwelling unit for the same school level. The 1980 census collected detailed information about student population by type of household (Note~ the 1990 census collected similar data but it will ncr be available until after [9q2). These data are listed in a technical publication* that contains "demographic multipliers" such as students per household by household type. The multipliers from the 1980 census are shown in ' Table 3. Two adjustments were made to the data in the source document (Burchell) in order to present the data in Table 3. First, the average number of school age students per household (as listed in Exhibits 13 and 14 in Burche~l} was multiplied times the percent of students in public schools (as ~. shown in Exhibits 15 and 16 An Burchell}. The result is the average number of public school students per household. Second, the census data represents a grade-level division that is different than Collier County (i.e., elementary schools are grades K-6 in the census vs. K-5 in Collier County; middle schools are grades 7-9 in th census vs. 6-8 in Collier County; and high schools are grade~ 10-I~ in the census vs. 9-12 in Collier County}. The census data was adjusted by calculating the average number of students per grade within each grade level (elementary, ~lddle, and high school), and adjusting the census grade levels *Burchell, Robert W., ' ' ~ New Brunswick~ Rutgers, The State University of New Jersey, ~985. based on the number o~ grades in each level in Collier County, '~.Florida. Thus, census 6th graders are added go Collier County's middle schools, and census 9th. grader, ar. added to Collier County's high schools. The census data multipliers in Table 3 represent thQ entire South Atlantic Region in 1980, and may not reflect Collier County in 1991. The census data can be adjusted, however, to make it applicable to Collier County in 1991. The adjustment is made by using the 1980 multipliers to calculate a theoretical enrollment in Collier County public schools, based on the current number of dwelling units. The resulting "calculated enrollment" is divided TABLE ~ PUBLIC SCHOOL STUDENTS PER HOUSEHOLD '" BY TYPE OF HOUSEHOLD ~; (1980 Census~ South Atlantic Region} : Single Family .355 .162 .177 .694 Multi Family .164 .076 .082 .322 i~, Mobile Homes .266 .119 .107 .492 ~ Sources derived from census data presented in Burchell. by the actual enrollment, and the resulting percentage is the i"~ factor that is used to adjust the 1980 multipliers. ~"~ In other words, if the 1980 multipliers would produce a " "calculated enrollment" of 40,000 students based on existing households, but the actual enrollment is 20,000, the adjustment factor would be 20/40 or 50%. Each 1980 multiDlier would then be · 15 514192 reduced by 50% to adjust to current Collier County demographics. The actual adjustment will be made as part of the calculation of the impact fees (see Chapter 4). Formula 3~ Imnact Fee Der Dwelling Unit The impact fee per dwelling unit is calculated by adding the cost per dwelling unit of elementary, middle, high schools, and ancillary facilities, and then subtracting any credits for other revenues from existing and new development that the School Board will use to pay a part of the cost of new educational facilities. 3A.Sum of Costs per Dwelling Unit - Total Cost per ( Elam. +Mid. +H. S. +Ancillary ) Dwelling Unit 3B.' Total Cost per - Credit per - Impact Fee per Dwelling Unit Dwelling Unit Dwelling Unit There is one new variable used in formulas 3A - 3B that requires explanation: (E) credits for other revenue sources. Variable (E) Credits for Other Revenue Sources New development will be given credit for future payments that it will pay if those payments would be used for the cost of the same new educational facilities that are required to serve the new development. If some or all of the revenue payments by existing property is used to subsidize the cost of new educational facilities, an additional credit against impact fee rates would be given to reflect the amount of such contributions. 5/4/~2 The only revenue sources to be credited are ghose which are used for school capacity expansion according to local policy or practtc-. Credits ne~d not be given for repaying bnrrow~d revenues (e.g., bond issuQo or leases, if the impact foes will be used to repay growth's por~ton of the debt. Credits are nog given for the portion of revenues that is used for capital expenses that do not create capacity for new students such as buses or communications equipment. Credits are not given for revenues that are used for repair or maintenance costs because impact fees are not used for such expenses. The Collier County Public Schools can legally use the following sources of revenue and/or financing mechanisms to pay for the capital cost of new educational facilities: Public Education Capital Outlay (P~CO). This money comes from the State of Florida from the State's gross receipts tax on utilities. Capital Outlay an4 Debt Service (CO&DS). This money comes from the State from motor vehicle license fees. The School Board may pledge CO&DS revenue to repay State Board of Education Bonds. These bonds are issued by the State Board of Education at the request of, and on behalf of the School District. The State withholds a portion of the District's CO&DS allocation to retire the debt. Capital Improvements Tax (CIT). This special ad valorem tax can be levied at the discretion of the School Board at a rate not to exceed 2.0 mills, and can be used only for capital improvements pursuant to Florida Statutes 236.25 (2)(a). CIT revenue can be used to "pay-as-you-go", and up to 1.0 mill of CIT can be used to pay for Certificate of Participation Leases. Certificate of Participation Leases. The School Board can enter into long-term lease-purchase agreements. Private investors finance the construction of schools which are leased by the School Board from the investors. At the end of the lease, the School Board acquires ti~'le to the schools (for a nominal payment). General Obligation Bonds. The School Board borrows money to construct schools, and the bonds are repaid with property taxes (if approved by the voters). Construction Loans. These short-term loans are repaid from the other capital revenues listed above. Construction loans are a cash flow device to accelerate the use of other revenues. Construction loans can be obtained from banks, or from the State ("Section 237 Loans"). In accounting terms, construction loans are not a "source" of revenue; they are a "use" of other revenues. The amount of these revenues that will be paid by a new dwelling unit and used by the School Board for expansion of the capacity of the school system can be credited against the amount of the impact fee for educational facilities. The credit for capital revenue from new development and existing property is determined by forecasting the amount of revenue that will be received for added capacity for 5 years, and dividing the S-year revenue by the 5-year cost of new educational . facilities. The resulting percentage is the credit rate, and impact fees for each type of dwelling unit will be reduced by the credit rate percentage. An impact fee, however, need not be limited to the difference between the cost of new educational facilities and the amount of revenue that is available to the School Board from other sources. As a matter of policy, the Capital Improvements Tax may be '~ reduced. Furthermore, all or a part of the CIT, PECO, and CO&DS revenues can be used for capital costs not related to new educational facilities (i.e., repair, remodeling, renovation or replacement of facilities, furniture and equipment). In the event that current practice regarding the use of other revenues for new educational facilities is changed, the credits against the impact fee would also change. Finally, new development may be charged, as a matter of policy, the full fair share of the cost of new educational facilities. New development's full fair share is all of the cost of the capital improvements that are needed because of new development. New development cannot be charged for any of the cost of capital improvements that reduce or eliminate existing deficiencies or replace existing facilities. Charging new development for its full fair share would constitute a new policy to use impact fees to replace the use of all other revenues for 20 5/4/92 rowth's share of capital costs. Such a change in local practice would mean that credits do not Dead to be given to new development because the impact fees '~Will bo used in.teed oZ future tax p~ymsnts to pay for now educational fdctlities for now development. The other potential "credits" against impact fees are donations by developers of land or other assets. Credits for donations are calculated on a case by case basis at the time ~"impact fees are to be paid. 2! 5141~2 i ,0M 052,, 432 3. NEXUS OF EENEFITS OF EDUCATIONAL FACILITIES TWO of the three "rUles" for impact fees, fe.Lr share and ii~i'~Credits, are ob.erred in the formulas and calculations of impact fees. The third "rule," nexus of ben, fits, requires a separate analysis, which is presented in this chapter. There are several considerations that affect the "rational nexus of benefits" for educational facility impact fees~ (1) the need for new educational facilities for new development, (2) the type of property that receives the benefits from new educational facilities, (3) the location of the property in relation to the new educational facilities, and {4) responsibility for schools. 1. The Need for New Educational Facilities for New In Collier County the permanent school facilities are beinq used to full capacity, and portable facilities have to ~ used for many students. Table 4 shows the enrollment and capacity of the schools for the 1991/92 school year. The capacity data also includes portable classrooms. The portable capacity in Table 4 represents one-half of Collier County School's portable capacity, consistent with the Florida Department of Education rating of portable classroom capacity at 50%. The "Shortage" of 671 student stations represents 0.3 schools, as shown in Table 4. This 'deficiency" cannot be .~liminated by using impact fees. There is more than enough ~.irevenue from existing revenues to finance the deficiency. j* 22 $/4/92 ,:,, TABLE 4 ENROLLMENT AND CAPACITY 1991/92 Collier County Pul,l~c Schools ~ementary Middle lliqh School T&L%AI Permanent 11,667 3,925 4,378 19,970 Portable 581 318 ~98 1.397 Capacity 12,248 4,243 4,876 21,367 EnrolLment 11.798 4.974 ~ 22.03~ School Shortage 450 -731 -390 -671 @ Students per School 852 1.193 1.852 n.a. Schools Deficiency 0.5 -0.6 -0.2 -0.3 Sources Collier County Public Schools The net shortage of space in Collier County Public Schools shown in Table 4 is accomodated by overcrowding some classrooms above the School Board's standard of an average of 38 s';uare feet per student for kindergarten and grades 1-3, 32 square feet per student for grades 4-5, 30 square feet per student for middle schools, and 27 square feet per student for high schools. The data in Table 4 iljustrate that the existing capacity of the Collier County Public Schools is inadequate for the current enrollment and that there is no room available for more students in the present schools. Enrollment projections indicate there will be approximately 1,400 - 1,800 additional students in the public schools each year 23 $14192 for the next 5 years. The School District forecasts there will be over 29,000 students by the 1996/97 school year (see Table 5). TABLR 5 E}~OLLMENT ~RECA~T Collier County Public Schools ~ Middle High School Total 1991/92 11,798 4,974 5,266 22,038 1992/93 12,208 5,348 5,376 22,932 1993/94 12,907 5,787 5,624 24,318 1994/95 13,677 6,257 6,125 26,059 1995/96 14,538 6,702 6,694 27,934 1996/97 15,180 7,173 7,267 29,620 Source: Collier County Public Schools Table 6 shows the impact of this projected growth on Collier County's school facilities. The data iljustrates that the increase in enrollment during the next 5 years requires the construction of new schools, or the expansion of existing schools, to accomodate the students from new dwelling units. Specifically, the Collier County Public Schools will need addition%l capacity equal to 6.9 schools i~ the ~ext 5 years~ 4 elementary schools, 1.8 middle schools, and 1.1 high schools. All of the new schools required in Table 6 are in addition to the current shortage of 0.3 schools depicted in Table 4. TABLE 6 NEW SCHOOLS REQUIRED FOR ENROLLMENT GROWTII Collier County Public Schools 199~/92- 1996/97 High ~ Middle School 1991/92 Enrollment 11,798 4,974 5,266 22,038 1996/97 Enrollment 15. 180 7. 173 7:26~ 2.9.620 Growth Next 5 Years -3,382 -2,199 -2,001 -7,582 @ Students per School* 852 1.193 1.852 n.a. Number of New Schools -4 -1.8 -1.1 -6.9 *Students per School is based on the design capacity of a typical new school for each level in the Collier County school system. Source= Collier County Public Schools Impact fees are charged to properties which benefit from new educational facilities. Collier County Public Schools are used, for the most part, by individuals rather than businesses or other non-residential land uses. Impact fees for educational facilities are charged only to residential development because the dominant stream of benefits rebounds to the occupants and owners of dwelling units. There is insufficient data to objectively allocate the value of the indirect benefit of the school system to non-residential property. 3. Location of ProDerty Recel¥ina Benefits from New ~ucational Facilities A nexus of benefits is required between a new dwelling unit and the new educational facilities that are built with the impact fees paid by the new dwelling unit. One obvious method of connecting a house and a school would be to establish "impact fee zones" within the school district. All impact fees paid by new houses in the zone would be required to be spent on new educational facilities in the same zone. A review of existing school impact fees in Florida is relevant to this issue. As of July 1989, seven Florida school districts had impact fees~ Broward, Citrus, Hernando, Hillsborough, Martin, St. Johns, and St. Lucia. Broward and Hillsborough are both divided into impact fee zones (4 zones in each county). The other five counties do not use zones for impact fees. There are several reasons that the use of zones are inappropriate for school impact fees in Collier Count~,. First, the construction of a new school benefits dwelling units that are not in the adjacent area because the new school relieves overcrowding in other schools, which is a significant benefit for those other schools. Each time a new school is constructed, its attendance area boundaries have a ripple effect on the existing attendance areas of neighboring schools. It is virtually impossible to establish the attendance area boundaries of a new school to coincide with the land area of "new" developments some of the students attending the new school will be from "old" development. For example, Lely and Vineyards elementary schools roll g are located in northern and eastern Collier County, respectively. In assigning students to these two new elementary schools, students w~re relocated from every other elementary school in the Naples area (wiLh the exception of Gold.n Te~rac- a~d Golden Gato elementary schools ). Second, some facilities and programs of the school district are used for students throughout the district, which make the use of zones virtually meaningless. For example, Collier County Public Schools operate a variety of exceptional education and general education programs at specified schools that are not the "nearest" school for the student. In September, 1991, 462 students were attending exceptional education programs or general education programs outside of their school zone. Every school within the Collier County School District had students enrolled from outside of that school's zone, with the exception of Everglades City. What this means is that students from a dwelling unit that paid an impact fee may actually attend a facility in another part of the County. Conversely, a new school that is nearest a new dwelling unit may serve some students from other parts of the County. Third, the Collier County Public Schools presently bus students to schools throughout the County. Busing is usually provided for one of two reasons: · special education students traveling to centralized facilities, or · state mandated transportation for students who liv~ more than 2 miles from their school. ,,.. 27 514192 ,: oo, 052- 438 A student who is transported to an educational facility that is some distance from his/her dwelling unit is most directly bene£ited by the educational facility that he/she at~;ends. The educational facility that is nearest his/her dwelling unit may provide little or no benefit to his/her dwelling unit. Finally, the Florida Supreme Court ruled in the ~t. Johns ~ountv case that "substantially all" o'f the population of municipalities must join with the unincorporated population in paying educational facility impact fees in order to conform to the constitutional requirement of "a uniform system of free public schools" (Article IX, Section 1, Florida Constitution, emphasis added). The use of zones of any kind, whether municipal, school attendance boundaries, or some other basis, conflicts with the ability of the Collier County Public Schools to provide reasonable uniformity in public school physical plant and facilities. Based on the analysis presented above, impact fees for educational facilities in Collier County should be collected and expended on a County-wide basis, without zones. 4~ Rp~pons~bilitv for Schools The County-wide Collier County Public School system presently consists of 16 elementary schools, 5 middle schools, 4 high schools, 2 special schools, 1 school for grades K-12 (Everglades City), and 107,621 square feet of ancillary facilities. The School Board of Collier County is legally and financially responsible for the County-wide public school system, therefore ,¥ .~. · the analysis of growth's impact on public schools includes all of !./ the County-wide public school systems no portion of the County or any City in the County is excluded. :~' Thu School Board o~ Collier County L~ not cesponsLble fo£ · private schools. The County cannot control accpss to or usage of schools operated by private organizations or individuals, therefore such facilities are excluded from the analysis of Lmpact ~ fees for educational facilities. The multiplier used in Variable " . D, Formula 2 to calculate impact fees is 'public school students ,~ per household." The multiplier excludes students who attend .:, private schools, thereby insuring that the impact fee is based on the need for public educational facilities. 4. CALCULATION OF IMPACT FEES FOR EDUCATIONAL FACILIITES Chapter 2 of this report presented the 3-step process that is used to develop impact fees for educational facilities in Collier County. Chapter 3 established the ,exus of benefits between new dwelling units in Collier County and the need for new educational facilities to serve the new dwelling units. This chapter of the study shows the calculations of the impact fee rates, using the formulas described in Chapter 2. 1. Cost Der Student The cost of educational facilities per student is calculated by dividing the cost of a typical new school or ancillary facility by the number of students the facility serves. There are four 'levels' of educational facilities in Collier County, and each level has its own cost per student, as shown in Table 7. Details of the cost of facilities are listed in Table 1. TABLE ? EDUCATIONAL FACILITY COSTS PER STUDENT Collier County Public Schools Design Cost Per Type of Facility Cost Enrollment Elementary School $ 8,680,248 852 $ 10,188 Middle School 14,547,826 1,193 12,194 High School 33,667,293 1,852 18,179 Ancillary 7,498,348 22,038 340 Sources Collier County Public Schools 3o 514192 The cost of educational facilities per dwelling unit is determined by multiplying the cost per student by the number of public school students per hcusehold (dwelling unit). Each of the four 'levels" of educational facilitius i~ aoalyzed ueparatwly, and the cost per dwelling unit for each level is calculated for each of three types of dwelling unit: single family, multi family and mobile homes. Tables 8 and 9 show the adjustment of data for students per household from the 1980 census for the South Atlantic Region (see Table 3) to conform to Collier County's demographic profile. Table 8 uses the 1980 census data and the actual number of dwelling units in Collier County to project a "Calculated Enrollment." TABLE 8 CALCULATED ENROLLMENT ' Collier County Public Schools Students Dwelling per DU Units Calculated Type of Housing !Census~ 1990 Single Family .694 34,886 24,210 Multi-Family · 322 47,555 15,3 Mobile Homes .492 10,250 _5. 043 TOTAL n.a. n.a. 44,565 Source: Students per DU (Dwelling Unit) from Table 3 Dwelling Units 1990 from Collier County Growth Planning The "Calculated Enrollment" of 44,565 is substantially higher than Collier County's actual 1990 enrollment of 19,752, 3! indicating that the average number of public school students per household is much smaller in 1990 in Collier County than in 1980 in the South Atlantic Region as a whole. The census data multipliers of students per hoes,hold listed in Table 3 must be adjusted by a "factor' to reflect the difference between the Regional data and Collier County demographics. The "factor' is calculated by dividing the actual enrollment by the "calculated' enrollment (19,752/44,565). The result (.4432) is multiplied by all census data multipliers for students per household from Table 3 and the results are listed in Table 9. The adjusted multipliers represent the number of public school students per household in Collier County. TABLE 9 ADJUSTED MULTIPLIERS Collier County Public School Students per Household High Housing Type ~ Middle School All Single Family .157 .072 .079 .308 Multi Family .073 .034 .036 .143 Mobile Homes .118 .053 .047 .218 The final calculation in establishing the cost per dwelling unit involves multiplying the cost per student from Table 7 by the number of public school students per household from Table 9. Specifically, the cost per elementary school student is multiplied by the number of public elementary school students per household, and the same formula is applied to middle and high schools. The 32 .~/4/92 .,, 052,, 443 COS~ of ancillary facilities per student, however, is multiplied by the total number of public school students per household because ancillary facilities serve all the students. The resulting costs per dwelllng unit are listed in Table 10. TABLE 10 PUBLIC SCHOOL COST PER DWELLING UNIT Collier County Public Schools High Housing TvDe Elementary_ Middle School ~ TOT~ Single Family $ 1,600 $ 878 $ 1,418 $ 105 $ 4,001 Multi Family 744 415 654 49 1,862 Mobile Homes 1,202 646 854 74 2,776 Impact Fee Der Dwellina Unit The impact fee per dwelling unit is calculated by adding the cost of elementary, middle, and high schools and ancillary facilities, and then subtracting any credits per dwelling unit for other revenues from existing and new development that the School Board will use to pay for part of the cost of new educational facilities. The credit for capital revenue from new development and existing property is determined by forecasting the amount of revenue that will be received by the School Board and used for added capacity for 5 years, and dividing the 5-year revenue by the 5-year cost of new educational facilities. The resulting percentaqe is the credit rate, and impact fees for each typo of ,oo 052 , t 444 dwelling unit will b~ r~duced by the credit rate percentage. Public School Cost .per Dwellinq Unit The public school cost per dwelling unit is shower in the "Total' column of Table 10. The Total represents the sum of the three school levels (elementary, middle, and high schools) and ancillary facilities costs per dwelling unit. $-~ear Revenue for Added Capacit~ The 5-year forecast of revenue for added capacity begins with an analysis of the growth rates in the three primary revenue sources for capital costsI CIT, PECO and CO&DS. During recent years, the taxable value of property for the CIT in Collier County has increased an average of 17% per year. · During the same period CO&DS (net of bond obligationsI and PECO revenues have increased steadily. For the purpose of forecasting the revenue from CIT, PECO and CO&DS, it is assumed that the CIT will continue to increase, but at a more modest rate of 10% per year compared to the higher rate of increase (e.g. 17%) experienced in prior years. It is also assumed that the CIT will be levied at 1.75 mills for 1992-93 and 1.5 mills thereafter, even though the CIT millage rate was raised from 1.5 mills to 2.0 mills in 1991/92. The additional 0.5 mills closely correlates to the 0.44 mills required for the Certificate of Participation (COP) lease program that is used to create new capacity. The portion of the COP capacity that is attributable to new develoDment can be reDaid by imDact fees, thus reducinq the ad 34 $/4/92 052. t 445 valorem taxes that are required for repayment of the COP. As a result, no credit is due for COP repayment. CO&DS is revenue received from the State of Florida from ~.: motor v~hlcle license face. CO&DS is also ~orecast to · 10% per year throughout the 5-year forecast. ,~' PECO is revenue received from the State of Florida from the 'i State's gross receipts tax on utilities. The State Department of Education has forcast that future PECO revenues will decline significantly (approximately 6% per year). For the purpose of ii:'forecasting, the PECO revenue is assumed to decrease by 5% per year. These annual growth rates were applied to the 1991/92 revenue budget for CIT, PECO and CO&DS. The result is a 5-year revenue total of $175,506,133. Only part of the $X75.5 million revenue projected for the · next 5 years will be used for new educational facilities, therefore the forecasts must be adjusted to reflect the local practice of using a portion of the capital revenue for repair and remodeling of existing facilities· An analysis of capital expenditures for the past five years indicates that the Collier ii.. County Public Schools has spent 42.34% of CIT revenue, 37.09% of 'CO&DS revenue, and 14.1% of PECO revenue on projects which added capacity to the school system. (The School District uses a portion of the capital revenue for non-capacity capital costs, such as equipment, buses, and repair and remodeling of existing facilities~. For the purpose of forecasting the credit for CIT, CO&DS, and PECO it is assumed that the same percentaqes of 35 revenues (e.g., 42.34% CIT, 37.09% CO&DS, and 14.1% PECO) will be used for added capacity. Thus, of $175.5 million ~stimat~d to be received during the n-xt 5 years, $67.7 million (18.6%) will be available for added c~pacity. S-rear Cost of New Educatioual Facilities The 5-year forecast of the cost of new educational facilities is based on the current cost of new facilities, the rate of inflation for construction costs, and a 5-year enrollment forecast. The current cost of new facilities is listed in Table 1, and is converted to costs per student in Table 7. According to the Collier County School Public Schools, the cost of schools will increase by an inflation rate of 6% per year The 5-year enrollment forecast by school level was prepared by Collier County Public Schools. Table 1! is a forecast of the cost of new educational facilities in Collier County for 5 years. TABLE 11 5-YEAR COST OF NEW EDUCATIONAL FACILITIES Collier County Public Schools Elem. Second. Cost Cost Multi- Multi- Ancillary Year~ ~ ~ ~ High School ~ I 1.0600 1.0600 4,427,705 4,834,189 2,119,671 322,198 2 1.1236 1.1236 8,001,619 6,014,817 5,065,629 529,485 3 1.1910 1.1910 9,343,235 6,825,927 10,847,391 705,010 4 1.2625 1.2625 11,074,281 6,850,617 13,058,874 804,829 5 1.3382 1.3382 8.752.927 7.685.930 ~ 767.124 TOTAL 41,599,766 32,211,480 45,031,282 3,128,646 5-Year Forecast of Capital Costs $ 121,971,175 Sources Collier County Public Schools 052,,,,447 The "Cost Multipliers" are the factors that represent inflation rates for elementary al~d secondary school costs, compounded annually. Each cost column represents the cost per student (~rom Table ?i multipliod by I:he Cost Multiplier, and the resulting cost per student with inflation is multiplied by the number of additional students that are forecast for that school level compared to the previous year. The total cost of ell new facilities in Table 11 is $122.0 million. Credit PercentaGe and Impact Fee Calculation The 5-year revend'e for added capacity of $67.7 million ia 55.54% of the 5-year cost of $122.0 million for new educational facilities. In other words, PECO, CO&DS and CIT revenue from new development and existing property will pay 55.54% of the cost of required new educational facilities. As a result, the impact fee rate will be calculated by reducing the public school cost per dwelling unit by 55.54%. Table 12 shows the cost per dwelling unit from Table 10, and the impact fee after the credit of 55.54%. TABLE 12 IMPACT FEE RATES Collier County Public Schools Impagt Fees Less 55.54% :~ ~ousing Type Full Cost ~redit Single Family $ 4,001 $ 1,778 Multi Family 1,862 827 Mobile Homes 2,776 1,234 $1¢1~2 STATE OF FLORIDA ~ COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in &nd for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing Is a true copy of: Ordinance No. 92-33 wh/ch~.was adopted by the Board of County Commissioners on the 13th day of May, 1992, during Spec/al Session. WITNESS my hand and the official sea/ of the Board of County Co~tsstoners ~f Collier County, Florida, ~hts 19th day of May, 1992. JAMES C. GILES , Clerk of Courts and Ex-officio ~o Board of..-: ... By: IslEllte ~offman Deputy Cler~