Ordinance 92-065 ORDINANCE NO. 92- ~ ~
AN EMERGENCY ORDINANCE AMENDIN OLLIER COUNT
ORDINANCE NO. 92-33 BY ADDING A PROVISION TO ~
SECTION 2.02 PROVIDING THAT BUILDING PERMITS ~
WHICH ARE ISSUED PURSUANT TO A COMPLETED BUILdinG
PERMIT APPLICATION FILED PRIOR TO SEPTEMBER 1~,~.:.u
1~92 SHALL BE EXEMPT FROM THE EDUCATIONAL ~,.
FACILITIES SYSTE~ IMPACT FEE~ PROVIDING FOR "
CONFLICT AND SEVERABILITY~ DECLARING AN EMER~'ENCY~S
AND PROVIDING AN EFFECTIVE DATE. ~
WHEREAS, the Board of County Commissioners on ~ay 13, 1992
adopted Collier County Ordinance No. 92-33, entitled the
Educational Facilities System Impact Fee Ordinance~ and
WHEREAS, Section 2.02 of Collier County Ordinance No. 92-33
provides that payment of the Educational Facilities System Impact
Fee shall be made prior to the issuance of a Building Permit for
any Educational Fscilities System Impact Fee Constructions and
WHEREAS, the Board of County Commissioners on September 1,
~992 determined that it is in the best interests of the citizens
of Collier County to amend Section 2.02 of Collier County
Ordinance No. 92-33 to provide that building permits which are
issued pursuant to a completed building permit application filed
prior to September 10, 1992 shall be exempt from the Educational
Facilities System Impact Fee.
NOW, THEREFORE, BE IT ORDAI~ED BY THE BOARD OF COUNTY
~OHMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Amendment to Section 2.02 of Collier County
.~. Ordinance No. 92-33
~- Section 2.02 of Collier County Ordinance No. 92-33 is hereby
amended to read as follows:
Seotion 2.02. Payment
:....' a. Except as otherwis& provided tn 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 ~.01.
.'~ (1) If the Educational Facilities Syste~ Impact
· ' Construction is located within the unincorporated area of the
County, Cha Eduoational Facilities System I~pact Fee shall be
~ paid directly to the County.
£
Words s~a=k-~h~euVh are deletedl words ~ are added.
~ (2) If the £ducaticna! Facilities System Impact
~.. Construction is located within a municipality and the governing
body of the'municipality b7 interlocal agreement with the School
Board or otherwise hae agreed to require payment of the Impact
¢ Fee as a condition of the issuance by the municipality of a
Building Permit', then such Imp&ct 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 aa a condition of the issuance of a
'~ Building Permit ~y the municipality, then the Impact Fees shall
be p&id aa provided in Section ~.06.
b. The obligation for payment of the Educational
Facilities Syatam Impac~ Fee aha11' run with the land.
¢, The immactfeee set forth in this Ordinance shall be
aDDliCable and effective for all buildin~ permit aoDlications
filed ~ or after SeDtemher 10. 1992. Buildin, permits which are
i~sued pursuant to a completed buildin, Permit application filed
prior to SePtember 10. 1992 shall be e~emDt from the Davment of
the Educational Facilities SYstem ImDact Fee. A huildin= permit
aDDlicant that ~ualifies for the exemption from Educational
Facilities System Impact Fee shall have fourteen ¢14} days after
notif[cation to have its buildin, permit issued. A buildin~
Dermit issued after the fourteen ~14~ day notification period
aha1! be reauired to DaY the aDDlicable Educational Facilities .
System I~DaCt Fee as set forth in Collier County Ordinance No.
ewd. In the event that a Building Permit issued for
Educa~ional Facilities Impact Construction expires prior to
commencement of the Educational Facilities Impact Construction
for which At 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 2o timely
": Worde a~-~ek-~h~gh are deleted~ worda ~ are added.
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 ha~ exloired
and that the Educational Facilities Impact Construction has not
been.=Qmmencgd, 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.r 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.
SECTION TWO. Conflict and Severability
It is declared to be the intent of the Board of County
Commissioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid or ~.
unconstitutional by any cou~t of competent Jurisdiction, such ~
invalidation or unconstitutionality shall be deemed a separate,
distinct and independent pro%ision and shall not be so construed
as to render invalid or unconstitutional the remaining provisions
of this Ordinance.
SECTION THREE. Declaration of Emergency
This Board does hereby declare that an emergency exists and
that 'inumediate enactment of this Ordinance is necessary, and by
no less than four-fifths (4/5tbs) vote of the membership of th~
3
Words s~=~ek-~hreugh are deleted; words underli~ are added.
Board does hereby waive notice of intent to consider this
Ordinance.
SECTION FOUR. Effective Date
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by depQsiting the same with the postal authorities of the
government of the United States for special delivery by
registered mail, postage prepaid, to the Florida Department of
State.
This Ordinance shall become effective as provided in Section
125.66(3), Florida Statutes.
.'-PASSED AND DULY ADOPTED by the Board of County Commissioners
Of Collier,,County, Florida, this day of September, 1992.
A ".- oF co ssio. s
~JAMES. C..~.~Es, CLERK COLLIER COUNTY, FLORIDA ..
and
Assistant County Attorney Thl, o~t~c. {lied wffh me
Secretary of State's Office
and ockno~led~eme, n.t~ that
filina, receh, ed
By o.r,u,y ,a.,e. '
Words s~Hek-~hrough are deleted; words ~ are added.
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
· Ordinance No. 92-65
which was adopted by the Board of County Commissioners oh
the 8th day of September, 1992, during Re~lar Session via
Emergency. ~
WITNESS my hand and the official seal of the Board of
County Co~issioners of Collier County, Florida, this 9th
day of September, 1992.
i Clerk of Courts and Clerk .... ;
Ex-officio to Board of ' .. -~'.i'[ ;' 1
County Commissioners . .,*' -
Deputy Clerk