Ordinance 92-088 ORDINANCE NO. 92- 88
AN ORDINANCE AMENDING ORDINANCE NO. 90-24, THE .
__ :.COLLIER COUNTY ADEQUATE PUBLIC FACILITIES ORDINA~ ~E,
,'~ 'i~8 CODIFIED IN THE COLLIER COUNTY LAND DEVELOPMEi
~i :,j . iCODE, ORDINANCE No. 91-102, BY AMENDING SECTION
.' :..2 R~GULATORY PROGRAM: REVIEW OF DEVELOPMENT TO ENS'
' ~-- ADEQUATE PUBLIC FACILITIES ARE AVAILABLE, BY
.:.-, DELETING PROVISION IN SECTION 8.3.4.1., SUBMISSI~
· ' '~F APPLICATION AND FEE, THAT PROHIBITS APPLICATI'
~ ~il FEES SUBMITTED IN CONJUNCTION WITH APPLICATIONS )R
..... ~INAL SUBDIVISION PLAT, FINAL SITE DEVELOPMENT PLAN
,..I ':.OR BUILDING PERMIT, OR APPLICANT REQUEST; PROVIDING
"~OR CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 21, 1990, the Board of County Commiss~oners
adopted the Collier County Adequate Public Facilities Ordinance
Number 90-24, pursuant to Section 163.3202, Florida Statutes; and
the following sections of the Collier County Growth Management Plan
Future Land Use Element Objective 2, Policies 2.1., 2.2., 2.3.,
2.4., 2.5., and 2.6; Future Land Use Element Policies 3.1g and 3.11;
Capital Improvements Element Objective 1.5., Policies 1.5.1.,
1.S.2., 1.5.3., 1.5.4. and 1.5.5; Conservation and Coastal
Management Element Objective 10.2., Policy 10.2.1; Traffic
Circulation Element Objective 8; Recreation and Open Space Element
Objective 1.1, Policy 1.1.1; Public Facilities Element, Sanitary
Sewer Subelement Objective 1.2., Policy 1.2.1; Public Facilities
Element, Potable Water Subelement Objective 1.3., Policy 1.3.1.;
Public Facilities Element, Drainage/Water Management Subelement
Objective 1.2, Policy 1.2.2; Public Facilities Element, Solid Waste
Subelement Objective 4.0; and
WHEREAS, on October 30, 1991, the Board of County Commissioners
adopted the Collier County Land Development Code (Ordinance 91-102)
pursuant to Section 163.3202, Florida Statutes; which codifies the
Adequate Public Facilities Ordinance as part of the Land Development
Code under Division 3.15. of said Code; and
WHEREAS, the establishment of an application fee schedule for
the issuance of Certificates of Public Facility Adequacy at the
Final Subdivision Plat, Final Site Development Plan or Building
Permit stage of development is necessary to offset the cost of the
application review process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CO
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
058 327_ _
Words str~k-thr~h are deleted: words underlined a
~: AMENDMENT TO SECTION 8.3.4, PROCEDURE FOR REVIEW OF
APPLICATION, ORDINANCE 90-24, THE ADEQUATE PUBLIC
FACILITIES ORDINANCE.
Subsection 8.3.4.1 Submission of Application and Fee, of Section
8.3.4, Procedure for Review of Application, of Ordinance 90-24, the
Adequate Public Facilities Ordinance, is hereby amended to read as
follows:
8.3.4.1 Submission of Application and Fee:
An application for a Certificate of Public Facility
Adequacy shall be submitted to the Growth Management
Director. An application shall be submitted at the
filing of the earliest or next to occur of final
subdivision plat, final site development plan or
building permit. An application fee in an amount to
be determined by the Board of County Commissioners
shall accompany and be part of the application~?
e-bu~d~ng-perm~,
SECTION TWO: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance
cf Collier County or other applicable law, the more restrictive
sh~ll apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any. court of competent Jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County this /~day of~z~, 1992.
ATTEST: ,: i ' , BOARD OF COUNTY COMMISSIONERS
JAMES C. GILE~,,CLERK COLLIER COUNTY, FLORIDA
A~roved as to form and
legal..su~iciency:
This ordinance
Ma.rjo~e M. Student
C~r! cckr,cw'.~4~2el~cnt Of thor
Assilltant County Attorney~ ~'~ fiiir~ received [b~ day
~ords sE~ueA-~heeugh are deleted: words underltne~ are added,
RESOLUTION NO. 92- 603
A RESOLUTION ESTABLISHING THE APPLICATION FEES
FOR ISSUANCE OF CERTIFICATES OF PUBLIC
FACILITY ADEQUACY PURSUANT TO SECTION 8.3.4.1
OF THE COLLIER COUNTY ADEQUATE PUBLIC
FACILITIES ORDINANCE NO. 90-24, AS AMENDED;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Collier County Adequate Public Facilities
Ordinance (Ordinance No. 90-24, as amended) provides that the
Board of County Commissioners shall establish a schedule of
application fees for the issuance of Certificates of Public
Facility Adequacy pursuant to Subsection 8.3.4.1 of the Ordinance;
and
WHEREAS, the establishment of a fee schedule for the
application process for Certificates of Public Facility Adequacy
pursuant to Subsection 8.3.4.1. is necessary to offset the cost
of application review, clerical activities, and other costs
inherent in the application process.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. This Resolution is adopted pursuant to the authority
vested in the Board of County Commissioners of Collier County,
Florida by Subsections 163.3161(3),(5),(6), (7); 163.3177(10) (h);
163.3202(2) (g) Florida Statutes; Subsections 125.01(g),(t),
Florida ~tatutes, and the Collier County Adequate Public
Facilities Ordinance (Ordinance No. 90-24, as amended).
2. The Board of County Commissioners hereby finds that the
Fee Schedule for Determination of Public Facilities Adequacy,
Exhibit A, attached hereto and incorporated herein by reference,
represents fair and reasonable sums to be assessed against those
who receive the benefits of Certificate of Public Facility
Adequacy application review, clerical activities, and other
benefits provided by the application process. The attached
Fee Schedule for Determination of Public Facilities Adequacy is
hereby adopted and approved in its entirety.
3. This Resolution shall become effective upon the date
that the Ordinance (Ordinance No. q~-RR ) amending Subsection
8.3.4.1. of the Adequate P~blic Facilities Ordinance (Ordinance
No. 90-24) to pro.vide for the imposition of fees for certificates
of adequate public ~acility becomes effective.
4. This Resolution adopted after motion, second and roll
call vote as follows:
~ ..... AYES:Commissioner Shanahan, Hasse, Saunders, GoodniEht and Volpe
NAYS:
"--ABSENT AND NOT VOTING: . ABSTENTION:
..., ~,. .
.?ATTEST:. ', ¢~ BOARD OF COUNTY COM){ISSIONERS
'i JAME,Sw~ :'GI .L~, "CLERK .... COLLIER COUNTY,' FLORIDA
r,. 'K~ufeeTl%'Ken~c~ ' CHAIRMAN
ApprOved as to form and
n d~legal sufficiencY:M. StUdent
,ara~=~e Secretary of State's Office
Assistant CountyZAttorney ~ day of Z~ ~
and ocknowaedg~.men! of that
filin~nrecelv, ed ~ day
By ~w~ c~ '
- 2 -
t~EXHIBIT
FEE SCHEDULE
· FOR DETERMINATION OF PUBLIC FACILITIES ADEQUACY
~ND ISSUANCE OF CERTIFICATE OF PUBLIC FACILITY ~DEQUACY
TYPe o~ ~9 Fee
Per ~elling Unit $ 25.00
Al1'. non-residential per
individual application $ 50.00
-- 05S
~LTERNATIYE I*
"EXHIBIT ]~"
FEE SCHEDULE
FOR DETERMINATION OF PUBLIC FACILITIES ADEQUACY
AND IGsUANCE OF CERTIFICATE OF PUBLIC FACILITY ADEQUACY
TYpe of Use Fee
Per Single Family Certificate $ 35.00
All non-Single Family per $ 50.00
individual application
Would raise approximately $80,000 annually
058 ~,~ 332
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial ~trcuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 92-88
which was adopted by the Board of County Commissioners on
the 4th day of November, 1992, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners'of Collier County, Florida, this 5th
day of November, 1992.
JAMES C. GILES ,.' ..........
Clerk of Courts and Clerk." . ,--/' '"'.'...
Ex-officio to Board of ' '
County Commissioners