Ordinance 92-092 ORDINANCE NO. 92- 92
AN ORDINANCE AMENDING ORDINANCE NO. 90-87, AS
AMENDED, THE COLLIER COUNTY REGIONAL SEWER SYSTEM
IMPACT FEE ORDINANCE BY AMENDING SECTION 1.01
ENTITLED DEFINITIONS; BY AMENDING SECTION 2.03
ENTITLED USE OF MONIES; AMENDING SECTION 3~4
ENTITLED AFFORDABLE HOUSING; AMENDING SECTION
ENTITLED ALTERNATIVE COLLECTION METHOD; AMEND I'MG
SECTION 3.08 ENTITLED REVIEW REQUIREMENT; REVIS~G
APPENDIX B TO COLLIER COUNTY ORDINANCE 90-87, ~S
AMENDED, BY PROVIDING A NEW IMPACT FEE RATE SCHEDULE
AS FOLLOWS:
8EWBR~-R~8~B~NT~A~-~S~ .................. ~MPAe~-~B~
fam~½yT-m~b~e-home-and-ap~%mem%
eaeh-add~ona~-ba~hFoom-peF-un~
,Se-ga~o~day~un~ ~40T90
No~e~7-mo~e½-and-Yrave~-Tra~eF-~o~
No~-Fes*5e.~a~-~oneFe*e~T-eff*ee-a~d
~nduotF~a~-~o~e~-unita-~ne~-to-~ne~ude
~ndua~F~a~-was~e~
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~aund~y-washe~-u~a
~eO-ga~sfdayfun~ 989v90
Reo~auFan~-and-~oun~e ..
~S-ga~ofda~sea~
RESIDENTIAL PER DWELLING UNIT $ 1.340.0~
NON-RESIDENTIAL
METER SIZE Cinches)
5/8. 3/4 $ 1.340.00
i 3.350.00
1-I/2 6.700.00
~ 10.?~0.00
~ 21.440o00
· ~.§00.00
~ 67.000o00
~ l~o.~oo.oo
~o I9~.3oo.o~
i~. ~8~.1oo.oo
AMENDING APPENDIX C TO COLLIER COUNTY ORDINANCE NO.
90-87, AS AMENDED, ADDRESSING AREAS GENERALLY
EXCLUDED FROM IMPOSITION OF SEWER IMPACT FEES AND
AMENDING APPENDIX D ADDRESSING MASTER PLANS;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
28
Words underlined are added; words st~uek-~h~ough are deleted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Section 1.01. Definitions of Collier County
Ordinance No. 90-87, as amended, shall~be amended as follows:
S~ot~on 1.OZ. De~nit~ons.
Wheni'~used in this Ordinance, the following terms shall
have the following meanings, unless the context clearly
lndic~.otherwise:
"~kfordable 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 inAppendix A of this
Ordinance. · ·
"Alternative Sewer System Impact~ Fee" shall mean any
alter~ative fee calculated by an Applicant and approved by the
Board..pursuant. to Section 2.04.
"Alternative Sewer 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. -- -
~Applicant" shall mean the person who applies for a
Building Permit.
"Board" shall mean the Board of County Commissioners of
Collier County, Florida. Where the context requires, the term
"Board" shall also be deemed to include the Governing Board of
the Collier County Water-Sewer District.
"Building" shall mean any structure, either temporary or
permanent, built for the support, shelter or enclosure of
Persons, chattels or property of any kind, or any other
improvement use, or structure which creates or increases the
potential demand on the sewer utility system operated by the
Collier County Water-Sewer District or Collier County or both.
This term shall include trailers, mobile homes or any vehicles
serving in any way the function of a Building. This term shall
not include temporary construction sheds or trailers erected to
assist in construction and maintained during the term of a
Building Permit.
Words underlined are added~ words s~k-~hro~ are deleted.
"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
buildings, such as a Mobile Home, that does not otherwise
require a Building Permit in order to be occupied.
"Comprehensive Plan" shall mean the Comprehensive Plan. of
the County adopted and amended pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act.
"County" shall mean Collier County, a political
subdivision of the State of Florida. Where the context
requires, the term "County" shall also be deemed to include
the Collier County Water-Sewer District.
"County Attorney" shall mean the Person appointed by the
Board to serve as its counsel, or the designee of such Person.
"County Manager" shall mean the chief administrative
officer of the County, appointed by the Boded'or the designee
of such Person.
"District" shall mean the Collier County Water-Sewer
District, a political subdivision of the State of Florida,
whose governing ~ard is ex-officio the Board of County
Commissioners of Collier County, Florida.
"Dwelling Unit" shall mean a Building~ or portion thereof
e~--e-B~&~d&~ designed ~e~-er and whose prJ~ary purpose is for
residential occupancy, amd--wh~eh consistsing of one or more
rooms which are arranged, designed or used as living quarters
for one or more ]~lmersons.
"Encumbered" shall mean moneys committed by contract or
purchase order in a manner that obligates the County 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 Agreemenf Act" means
the provisions of Sections 163.3220 through 163.3243, Florida
059
Words underlined are added; words s~ruek-~hreu~h are deleted.
Statutes (1989), as amended or supplemented, or its successor
in function.
"Impact Fee" shall mean the fee imposed by the County
pursuant to Section 2.01 of this Ordinance. The term impact fee
shall be synonymous with the term "System Development Charge"
as used in this or prior ordinances relating to the subject
matter addressed by this Ordinance.
"Local Government Comprehensive Planning and Land
Development Regulation Act" means the provisions of Part II,
Chapter 163, Florida Statutes (1989), as amended or
supplemented, or its successor in function.
"Mobile Home" shall have the meaning set forth in the
Countv's Uniform Land Development Code. means-mann,ear,red
homesT--~ra~}srsT--eemps=s--er-=eerea~ofla~--weh*e~es.-Pe=--~he
purpeoe--e~-&mpea*.~-&mpae%--fees-Fe~a~*ve-~o--?Fave~-TFe~eFs?
wh&eh--e=e--o~he~w~se--heFe~n-eneempassed--by-%he--~erm-mmeb&~e
hemesT--Trave~-T~a*~e~--~e~s--e~-spaees-sha½~--be-e~sss*~*ed-*~
eeum~y~s-een~ng-reg~a~ens-and-eomprehens~ve-P~an~
"Non Residential" shall mean commercial, motel;hotel.
travel trailer, recreational vehicle or any other development
u~on land that does not cualifv as Residential.
"Owner" shall mean the Person holding legal title to the
real proper~y for w~ich impact fee~ are paid.
"Person" shall mean an individual, a corporation, a
partnership, an incorporated association, trust, or any other
.,
entity.
~Re~ional Sewer System" shall mean the wastewater or sewer
%
utility system directly connected to treatment facilities
operated by the Collier County Water-Sewer District or Collier
County or both.
"Residential" shall mean multi-family dwelling units,
condominiums;townhouses, mobile homes, single family detached
houses or retirement homes,
"Utilities Administrator" shall mean the Person appointed
by the Board or the County Manager to supervise the adminie-
Words underlined are added; words str~ek-th~eu~h are deleted.
tration, operations and acquisitions of the Regional Sewer
System or the designee of such Person.
~Sewer System Impact Development" shall mean development
upon lands within the Collier County Water-Sewer D!str~ct,
exclusive of the lands encompassed by the areas descr~md in
Appendix C, which shall be subjected to the payment of impact
fees..under this Ordinance or its predecessor in function upon
~hs first occurrence of any of the following:
.... (a) Whenever any existing Buildin~ or
structure, which has not previously pa~d system
~up~ development charges or impact fees under this
Ordinance or its predecessor in function, co~ect~ to
..... . ..... the Regional Sewer System; or
........ ~ .......... (b). -Whenever--any existing Building, structure
--~'~ ...... ~r..-app~loable.-lmprovement-which is connected to an
interim sewer system is connected, either d~rectly or
· - indirectly, to the Regional Sewer System; or
......... (c) Whenever-~any person appl'[e~ for a ~uild~ng
.... Permit to'construct a Building, structure or appli-
cable improvement within the boundaries of the
Collier County Water-Sewer District, even though the
subject lands may receive interim sewer service from
a source other than the Collier County Water-Sewer
District; or
(d) Whenever a person applies for a Building
Permit to alter an existing Building, structure or
applicable improvement already connected to the
Regional Sewer System, where such alteration
increases the potential demand on the Regional Sewer
System.
The exclusion of the development upon the lands
encompassed by the areas described in Appendix C ~s not
absolute. Development upon lands lying within the Coll~er
County Water-Sewer District, including but not limited to the
excluded areas described in Appendix C, which either is
required to or requests connection to the Regional Sewer
Words underlined are added; words struck-through are deleted.
System, or otherwise creates a gr~0wth necessitated demand to
expand the Regional Sewer System, shall be subject to the
imposition of impact fees under Section 2.01 of this Ordinance
in the same manner as if said development was characterized as
Sewer System Impact Development.
· SECTION TWOs Section 2.03, Use of Monies of Collier
County Ordinance No. 90-87, as amended, shall be amended as
follows:
8motion 2.03 Use Of Monies.
A. The Board hereby confirms the establishment of a
separate tr~st account for the Sewer System Impact Fees, which
shall be maintained separate and apart from all other accounts
of the County. All such Sewer System Impact Fees shall be
deposited into such trust account immediately upon receipt.
B. The monies, depositedinto the Sewer System Impact Fee
t~st account shall be used solely for the purpose of providing
9rowth necessitated capital improvements and additions to the
Regional Sewer system, including, but'not limited to:
1. Design or construction plan preparation;
2. Permitting and fees;
3. Land acquisition including any costs of acquisition .
or condemnation;
4. Construction and design of Regional Sewer System
buildings, facilities or improvements and additions thereto;
5. Design and construction of drainage facilities
required by the construction of Regional Sewer System
buildings, facilities or improvements and additions thereto;
6. Relocating utilities required by the construction
of Regional Sewer System buildings, facilities or improve-
ments and additions thereto;
7. Landscaping, incident to or necessitated by the
expansion of the Regional Sewer System;
8. Construction management or inspection;
9. Surveying, soils and material testing;'
10. Acquisition of plant or equipment necessary to
expand the Regional Sewer System;
Words ~ are added; words s~ek-th~e~gh are deleted.
ll. Repayment of monies borrowed from any budgetary
fund of the County, including monies borrowed subsequent to
the adoption of this Ordinance or its predecessor in
function, which were used to fund growth impacted improve-
ments and additions to the Regional Sewer System as herein
provided;
12. Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County or District to fund growth
impacted improvements and additions to the Regional Sewer
System; and
13.. Reimbursement of excess Developer Contribution
Credit pursuant to Section 3.06 or Impact Fees paid on
Affordable Housing pursuant to Section 3.04; and
14. To the -e×tent provided by law. reimbursement or
refund of cQsts incurred bY t__~he County in the preparation of
the Impact Fee Study ~gp_~.d pqrsuant to Section 1.03 and
any -amendments or supplements ~opted ~suant to Section
3.08. and any other a4~inistrative costs incurred by the
County.
C. Funds on deposit in the Sewer 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 Sewer System Impact Fee
trust account shall be used solely to provide improvements and
additions to the Regional Sewer System required by growth,
generated by Sewer System Impact Development, and including but
not limited to expected growth addressed in the master plans
listed in Appendix D of this Ordinance.
E. Any funds on deposit which are not immediately
necessary for expenditure shall be invested by the County. All
income derived from such investments shall be deposited in the
Sewer System Impact Fee trust account and used as provided
herein.
F. Any person who is the current owner of the property on
behalf of which a system Development Charge was paid, pursuant
Words underlined are added; words s~rucN-~hr~h are deleted.
to Collier County Ordinance No. 86-66, as amended by Collier
County Ordinance No. 87-45 and Collier County Ordinance No.
88-3, and was issued a certificate o'f occupancy thereunder for
a Building, structure, or alteration prior to December 31, 1997
shall be eligible for a refund upon making a timely petition
for refund, if the Building, structure or alteration either was
not authorized to connect to the Regional Sewer System by
Decen~r 31, 1997, or if the County does not have an approved
plan for connection of the Building, structure or alteration to
the Regional Sewer System by December 31, 1997. 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 end of the fiscal year in which
the date December 31, 1997 falls.
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 System Development charge was paid;
(b) A copy of the dated receipt issued for
payment of such charge or such other record as would
indicate payment of such charge;
(c) A certified copy of the latest recorded
deed or other instruments evidencing title; a repre-
sentation that the most recent recorded deed or other
instruments reflect the exact names of all current
legal owners; a representation that the petitioner
will notify the County of any change and the status
of legal ownership which occurs prior to any refund
from the County;
(d) A copy of the most recent ad ~alorem tax
Words l~lderlined are added; words s~ek-~h~o~h are deleted.
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 of'the status of the System
Development Charge requested for refund, and if such charge
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, charges collected shall be
deemed to be spent or enc%u~bered on the basis of the first
fee in shall be the first fee out.
G. The Impact Fees 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 seventh anniversary of the date upon
w~lch such fees were paid and a timely petition for refund is
made. Refunds shall be mad~ only in accordance 'with the
following procedure:
1. The then current Owner shall p~i~ion the Board for
the refund prior to the end of the fiscal year i~mediately
following the end of the fiscal year in which the date of
the seventh anniversary of the date of the payment of the
Sewer System Impact Fee occurs.
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 legal Owner of the property on
behalf of which the Impact Fee was paid;
(b) A copy of the dated receipt issued for
payment of such fee, or such other record as' would
indicate payment of such fee;
(c) A certified copy of the latest recorded
deed or other instruments evidencing title; a repre-
sentation that the most recent recorded d~ed or other
instruments evidencing title reflect the exact names
of all current legal owners; a representation that
-9- 36
Words underli~e~ are added; words s~-th~h are deleted.
the petitioner will notify the County of any change
and the status of legal ownership which occurs prior
to any refund from 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 of their 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 basis of the first fee in
shall be the first fee out.
H..-' The fact that an Owner receives a refund does not excuse
the property from later being subjected to payment of impact fees
under this Ordinance upon otherwise being characterized as Sewer
System Impact Development.
I. An Owner entitled to a refund who fails to timely
petition for a refund upon becoming eligible to do so shall be
deemed to have waived any claim, for a refund, and the County'
shall be entitled to retain and apply the impact fees for growth
necessitated capital improvements ~nd additions to the Regional
Sewer System.
8~CTION T~REB: Section 3.04, Affordable Housing of Collier
County Ordinance No. 90-87, as amended, shall be amended as
follows:
Section 3.04 Affordable Housing.
A. The County shall exempt from the payment of the Sewer
System Impact Fee any new Sewer System Impact Development which
qualifies as Affordable Housing and which
sH=h new Sewer System Impact Development is funded in whole or in
part by money received pursuant to a direct grant or subsidy from
the United States, Department of Housing and UrbaH Development,
or from any direct grant or subsidy program of the State or
!
37
Words underlined are added; words s~k-~h~eu~h are deleted.
County created to assist in the construction of Affordable
Housing.
1. Any person seeking an Affordable Housing
Exemption for a proposed Sewer System Impact Development
shall file with the County Manager an Application for
Exemption prior to receiving a Building Permit for the
proposed Sewer System ImpaCt Development. 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 Sewer System Impact Develop-
ment 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 grant or
subsidy;
(f) The proposed selling price if the Sewer
System Impact Development will be offered for sale or
the proposed rental price if the Sewer System Impact
Development will be offered for rent; and
(g) The number of bedroom:~ in each Dwelling
Unit of the Sewer System Impact Development.
2. If the proposed Sewer System Impact Development
meets the requirements for an Affordable Housing
Exemption, then the County Manager shall issue an Impact
Fee Exemption. The Impact Fee Exemption shall be
presented in lieu of payment of the Sewer System Impact
Fee pursuant to Section 2.02.
B. The County shall reimburse to the Applicant the Sewer
System Impact Fee for any Sewer System Impact Development which
will be sold or rented for an amount which ~ualifies as
Affordable Housing.
38'
Words underlined are added; words s~ek-~hreu~h are deleted.
1. Any Applicant seeking a reimbursement of the
Sewer System Impact Fee for a proposed Sewer System Impact
Development shall file with the County Manager an
Application for Reimbursement prior to receiving a
Building Permit for the proposed Sewer System Impact
Development. 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 Sewer System Impact Const~'uc-
ti°n shall be constructed;
(c) The proposed selling price if the Sewer
System Impact Development will be offered for sale or
the proposed rental price if the Sewer System Impact
Development will be offered for rent; and
(d) The number of bedrooms in each Dwelling
Unit of the Sewer System Impact Development.
2. If the proposed Sewer'System 'i~act Development
meets the preliminary requirements for an Affordable
Housing Reimbursement, then the County Manager shall issue
an Authorization for Reimbursement to the Applicant for
the proposed Sewer System Impact Development.
3. The Applicant for the Sewer System Impact
Development who has received an Authorization for
Reimbursement shall pay the Sewer System Impact Fee due
pursuant to Section 2.01 of this Ordinance.
4. If the Sewer System Impact Development is being
offered for sale, the Applicant may obtain a reimbursement
of the Sewer System Impact Fee by presenting the Authori-
zation for Reimbursement and documentation indicating the
actual selling price of the Sewer System Development
to the County Manager. Such documentation shall be
submitted within ninety (90) days of the sale of each
Dwelling Unit in the Sewer System Impact 6evelopment.
Failure to submit such documentation within the time
required shall be deemed a waiver of the right to
05 9 09
Words underlined are added; words s~ue~-~h~e~h are deleted.
reimbursement. After reviewing the documentation provided
and determining that the requirements for an Affordable
Housing Reimbursement have been satisfied, the County
shall reimburse the Sewer System Impact Fee to the
Applicant.
~- 5. If the Sewer System Impact Development will be
offered for rent, the Applicant may obtain a reimbursement
of the Sewer System Impact Fee by presenting to the County
Manager the Authorization for Reimbursement and documenta-
tion indicating the total monthly rental received
for the. immediate past calendar year, or for that portion
of the initial calendar year for which the Sewer System
Impact Development is rented. Such documentation shall be
submitted within ninety (90) days of the end of the
calendar year. Failure to submit such documentation
within the time required shall be deemed a waiver of the
right to reimbursement. After reviewing the documentation
and determining that the requirements '~'o~ an Affordable
Housing Reimbursement have been satisfied, the County
shall reimburse to the Applicant an amount equal to
one-seventh (1/7) of the Sewer System Impact Fee paid.
6. Such annual reimbursements may be received for
seven consecutive years. Failure to timely apply for
reimbursement in any year or the failure to provide
documentation that the total monthly .Tental received per
Dwelling Unit for the entire calendar was within the
limits established shall waive the Applicant's right to
reimbursement in that and any subsequent year.
7. The reimbursements of the Sewer System Impact
Fee shall be paid by the County within forty-five (45)
days of submission of the Authorization for Reimbursement
amd proper documentation indicating the sales price or the
total monthly rental for the immediate past calendar year.
The County shall pay such reimbursement 'from the
accumulated Sewer System Impact Fees collected pursuant to
Section 2.01.
Words uDderlined are added; words s~uek-~h~eu~h are deleted.
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 a Sewer System Impact Development project to
receive an Affordable Housing Exemption or an Affordable
Housing Reimbursement, the amount for which the Sewer System
Impact Development project may be sold or rented must be
restricted to an amount w~thin the standards contained in
Appendix A, as amended from time to time bv Resolution of the
Board, and.such restriction must continue for a period of seven
years from the issuance of the Building Permit. Such restric-
tions must be contained within the deed for the Sewer system
Impact. Development project or within the provisions of an
agreement entered into between the County and both the
Applicant and the Owner of the Sewer System Impact Development
project. No Affordable Housing Exemption nor Affordable
Mousing Reimbursement shall be granted ~r'a Sewer System
Impact Development project which consists of a Mobile Home.
D. In determining the total monthly rental charge for
the purpose of determining el~gibility 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 Uhi~ shall be included.
E. For a Sewer Impact Development project which receives
an Impact Fee Exemption or an Affordable Housing Reimbursement,
the County, and not the District, shall pay into the Sewer
System Impact Fee trust account the amount of the Sewer System
Impact Fee which was exempted or reimbursed.
F. For the purposes of this Section, site acquisition,
site development, site preparation and infrastructure
construction required for a Sewer System Impact Development
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 3.07.
Hords underlined are added; ~ords st~uek-th~uqh are deleted.
H. Although this Section is aimed at addressing new
Sawer System Impact Development which is characterized as
affordable housing herein, the Board shall have the discretion,
and not the obligation, to consider and grant requests for
exemption or reimbursement for existin~ dwelling units which is
characterized as Sewer System Impact Development, provided such
housing otherwise meets the requirements of this Section and
the Board determines there are funds available to grant such a
requeet. Any such request shall not be considered by the Board
if not made within 180 days of connection of the dwelling units
to the Regional Sewer System.
SBCTION POURt Section 3.05, Alternative Collection Method
of Collier County Ordinance 90-8?, as amended, is amended as
follows:
Seotion 3.05. Alternative Colleotion Method.
In the event the Sewer 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 cha~c~erized as Sewer
System Impact Development, the County shall proceed to collect
the Sewer System Impact Fee as follows:
A. The County shall serve, ~ by
certified mail, return receipt requested, a Not,ce of Impact
Fee Statement upon the Owner at the address appearing on the
most recent records maintained by the Proper~y 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
Worda~ are added~ words st~uek-th~oa~h are deleted.
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 Sewer System Impact Fee was imposed;
2. A hearing pursuant tO Section 3.07 may be
requested within thirty (30) calendar days from the
effective date of service of the Notice of Impact Fee
Statement, by making application to the Office of the
County Manager.
3. In the case of existing Buildings, structures or
· applicable improvements which are required to connect to
the Regional Sewer System, the Owner may notify the Office
of the County Manager of his intention to submit an
Alternative Sewer Impact Fee calculation pursuant to
Section 2.04 within thirty (30) calendar days from the
effective date of service of the Notice of Impact Fee
Statement and thereafter provide an Alternative Sewer
Impact Fee calculation within one hu~red twenty (120)
calendar days from the effective date of service of the
Notice of Impact Fee Statement.
4. The Sewer 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 Fee Statement if a hearing is not
requested pursuant to Sections 2.04 or 3.07.
5. Upon becoming delinquent, the Sewer System Impact
Fee shall be subject to the imposition of interest on the
unpaid amount until paid.
6. In the event the Sewer 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 Sewer 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
Words ~ are added; words s~ek-threu~h are deleted.
2.04, nor has a review hearing been requested pursuant to
Section 3.07. In the event a hearing is requested pursuant to
Sections 2.04 or 3.07, the unpaid Impact Fees shall become
delinquent 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 day. Upon becoming delinquent, the
Impact Fees shall bear interest at the statutory rate for final
Judgments calculated on a calendar day basis, until paid.
C. Should the Sewer System Impact Fee become delinquent
as set forth in Subsection B, the County shall serve, by
certified mail return receipt requested, a n~t~ce of lien upon
the Applicant, if the building is under construction at the
address indicated in the application for the Building Permit,
and upon the delinquent Owner at the address appearing on the
most recent records maintained by the Property Appraiser of the
County. The notice of lien shall serve to notify the
delinquent Applicant and Owner, as the case may be, that
failure to pay the Sewer 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 Utilities
Administrator 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, its staff proceed to expeditiously collect,
Words ~ are added; words s~r~ek-~h~e~h are deleted.
foreclose or otherwise enforce said lien pursuant to the
provisions of this Ordinance.
E. The Utilities Administrator shall file a Notice of
Satisfaction of claim of Lien with the Clerk of Circuit Court
for recording in the Official Records upon receipt of full
payment, for a delinquent Sewer Impact Fee, interest due, and
any recording expenses. Said Notice of Satisfaction of Claim
of Lien shall reflect the appropriate recording information
shown on the previously recorded Notice of Claim of Lien.
F. After the expiration of one year from the date of
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 unpaid
fees.,-'as set .forth in Chapter 153, Florida Statutes, which
provisions are hereby incorporated herein in their entirety to
the same extent as if such provisions were set forth herein
.4.
verbatim.
G. The liens for delinquent Impact Fees imposed hereunder
shall be superior and paramount 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, supplemental to and in
addition to, any applicable procedures provided in any other
ordinances or administrative regulations of the County or any
applicable law or 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
regulation of the County or any applicable law or
administrative regulation of the State of Florida.
SECTION FIVES Section 3.08, Review Requirement of Collier
County Ordinance No. 90-87, as amended, is amended as follows:
Words ~ are added; words s~r~ek-threugh are deleted.
Section 3.08 Review Requirement.
This Ordinance and the master plans shall be reviewed by
the Board initially in connection with its approval of the
Capital Improvement Element of its Comprehensive Plan as
required by Section 163.3177, Florida Statutes. Thereafter,
this Ordinance shall be reviewed at least annually. The
initial..and each annual review shall consider new estimates of
population per household, costs related to the acquisition of
land, buildings, capital plant and equipment necessitated by
growth and adjustments to the assumptions, conclusions and
findings set forth in the master plans adopted by Section ~TS%
1.03. The purpose of this review is to ensure that the Sewer
System Impact Fees do not exceed the reasonably anticipated
costs associated with the improvements necessary to offset the
demand generated by new construction or use of the Regional
S~wer system by users who have heretofore not connected to the
Regional Sewer system and who have not paid Impact Fees. In
the event the review of the Ordinance requir~'by this Section
alters or changes the assumptions, conclusions and findings of
the master plans adopted by reference in Section ~T04 ~.03,
revises or changes the Regional Sewer System or alters or
changes the amount of Impact Fees, the master plans adopted by
reference in Section ~?04 1.03 shall be amended and updated to
reflect new and demonstrable assumptions, conclusions and
findings of such reviews and Section ~=04 1.0~ shall be amended
to adopt by reference such updated studies.
SECTION SIX: Appendix B, Adopted by Collier County
Ordinance 90-87 and as amended by Ordinance 91-51, Regional
Sewer System Impact Fee Schedule is amended as follows:
APPENDIX B
REGIONAL SEWER SYSTEM IMPACT FEE SCHEDULE
Pursuant to Section 2.01 of Collier County Ordinance
No. 90-87, all Sewer System Impact Development occurring within
the Collier County Water-Sewer District shall pay a Sewer
System Impact Fee in accordance with the following schedule:
Words ~ are added; words st=uck-~h=ough are deleted,
Res~den~a~-dwe~½~ng-uni~s
~am~y?-meb~e-~eme-an~-apa~me~
dwe~ng-un~s~
~s~-bat~eem
eaeh-edd~ena~-be~hreem-per-un~e
~SO-ge~s~day~un~ ~40~OO
OEWER=-NONrR~S~B~NT~AB-~S~S .............
er-reagan-space-un&es
Non-res~den~a~r-eemmere~a~r-e~ee-end
~ndus~e~-~e~et-en~ts-~nee-~e-~ne~ude
~ndus~r~a~-was~e~
~ee-ga~aay~un~t~ ~T~6e~ee
eemme~e½a~-o~-ee½n-epe~a~ea
~aend~y-washe~-un~a
~ee-qa~sfaayfun~ ~8e~ee
sea~g-un~s
.~S~-ge~s~day~sea~ ~e~ee
IMPACT FEE
RESIDENTIAL PER DWELLING UNIT $ 1.340.00
NON-RESIDENTIAL
METER SIZE finches)
5/8. 3/4 $ 1,340.00
~ 3,350.00
1-1/2 6,700.00
~ 10,720.00
~ 21,440.00
~ 33.500.00
~ 67.000,00
~ ~20.600.00
10 ~94.300.00
12 288,100.00
It has been and continues to be the long-standing policy of
the Board that certain collection facilities not be funded by
revenues derived from Sewer System Impact Fees. Such collection
facilities include, by way of example and not limitation,
required, needed or appurtenant gravity lines, pump stations,
force mains, and interconnecting transmission facilities
typically installed and dedicated at the time subdivision or like
or similar improvements are installed, or such collection
facilities installed as a result of the creation of a municipal
services tax or benefit unit or like or similar specially funded
-20-
Words underlined are added; words s~ruek-~hrough are deleted.
project having a defined area and determined to need the
installation, retrofit and/or connection to a central sewer
system meeting County standards.
Accordingly, the above schedule of impact fees does not
reflect, and is not intended to reflect the costs or expenses
associated with the creation or installation of such collection
facili~ies~:-
SECTXON SEVE~ Appendix C, entitled "Areas Generally
Excluded from Imposition of Sewer Impact Fees" of Collier County
Ordinance.No. 90-87, as amended, shall be amended as follows:
-" APPENDIX C
AREAS GENERALLY EXCLUDED FROM IMPOSITION OF SEWER IMPACT FEES
Lands within Collier County generally excluded from the
definition of Sewer System Impact Development as defined in the
Collier' County Regional Sewer System Impact Fee ordinance,
Collier County Ordinance No. 90-87:
A. Those areas lying within the Marco Water and Sewer
District. Exclusion of the Marco Water "and sewer District
recognizes this area is not presently planned to be served by
treatment capabilities of the Regional Sewer System.
B. Those areas lying within the Goodland Water District.
Exclusion of the Goodland Water District recognizes that this
area is not presently planned to be served by the treatment
capabilities of the Regional Sewer System.
C. Golden Gate Estates, Unit No. 1, Plat Book 4, Page 73,
Public Records of Collier County, Florida.
D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75,
Public Records of Collier County, Florida.
E. Golden Gate Estates, Unit No. 3, Plat Book 4, Page 77,
Public Records of Collier County, Florida.
F. Golden Gate Estates, Unit No. 4, Plat Book 4, Page 79,
Public Records of Collier County, Florida.
G. Golden Gate Estates, Unit No. 26, Plat Book 7, Page 15,
Public Records of Collier County, Florida.
H. Golden Gate Estates, Unit No. 27, Plat Book 7, Page 17,
Public Records of Collier County, Florida.
Words underlin~ are added; words s~ruc~-~h~u~h are deleted.
I. Golden Gate Estates Unit No. 28, Plat Book 7, Page 19,
Public Records of Collier County, Florida.
J. Golden Gate Estates Unit No. 29, Plat Book 7, Page 57,
Public Records of Collier County, Florida.
K. Golden Gate Estates Unit No! 30, Pla~ Book 7, Page 58,
Public Records of Collier County, Florida.
L. - Golden Gate Estates Unit No. 31, Plat Book 7 Page 59,
Public'Records of Collier County, Florida.
M. Golden Gate Estates, Unit No. 32 Plat Book 7 Page 21,
Public Records of Collier County, Florida.
N. Golden Gate Estates Unit No. 33 Plat Book 7, Page 60,
Public Records of Collier County, Florida.
O. Golden Gate Estates, Unit No. 34, Plat Book 7 Page 23,
Public Records of Collier County, Florida.
P. Golden Gate Estates Unit No. 35, Plat Book 7 Page 85,
Public Records of Collier County, Florida.
Q. Golden Gate Estates, Unit No. 95 Plat Book 9 Page 45,
Public Records of Collier County, Florida.
R. Golden Gate Estates Unit No. 96 Plat Book 7 Page 94,
Public Records of Collier County, Florida.
S. Golden Gate Estates Unit No. 97 Plat Book 7 Page 95,
Public Records of Collier County, Florida.
Exclusion of the above-referenced platted areas in Golden
Gate Estates recognizes that the nature of the previous
development, platting of these areas primarily into large
residential tracts, the present zoning and constraints of the
Comprehensive Plan have severely limited the density and use of
these areas in such a way as to make it impractical to serve most
of these areas in the foreseeable future via the Regional Sewer
System or any other centralized sewer utility.
However, the above exclusions are not absolute and lands
lying within the excluded areas which either are required to or
request connection to the Regional Sewer System, or otherwise
create a growth necessitated demand to expand the Regional Sewer
System, shall be subject to the imposition of impact fees under
Section 2.01 of the Collier County Regional Sewer System Impact
Words underlined are added; words s~-~h~h are deleted.
Fee ordinance in the same manner as if said lands were
characterized as Sewer System Impact Development.
T~---Those--area~--~y~n~-w~h~n--~he-Pe~an-Bay--~mproYeme~
who~M--w~hin--the--eo~ier--Ooun~y--Wa~er-Sewer--Bis~rie~?--the
any--j~r~s~ee~on--~r--p~wer-~ver--pr~per%~es-½oca~e~--w~h~n-~he
T. Those ar~as~Yinq within the pine Ridge Subdivisio~ as
included in Plat Book 3. Pa~e 24 , Public Recovds o~ Collier
County, Florida.
U. Pine Ridge Extension, Plat Book 3, pa~e 51, Public
Records of Collier County, Florida.
V. Pine Ridge Subdivision, Plat Book 4, Pa~e 29, Public
Records of Collier CountY, Florida.
W, Pine Ridge Second Extension, Plat BOOk 10, Pa~e 86,
~)li~ Re~ords of Collier County, Florida.
~. Pine Ridge Second Extension. Plat ~o0k 12, Pa~e 57,~8.
Public Records of Collier County, Florida.
Exclusion of the platted areas in the Pine Ridge Subdivision
recognizes that the nature of the urevious development, Dlattin~
Q~ these areas primarily into large residential tracts, the
present zonin~ and constraints of the Comprehensive Plan have
~verelv limited the density and use of these areas in such a way
as to make it impractical to serve most of these areas iD th9
foreseeable future via the Regional Sewer System or any other
g~ntralized sewer utilitY.
~owever, the abov~ ~K¢~us~ons ar~ not absolute add lands
lyin~ within the excluded areas which either are required to 0~
request connection to the Regional Sewer System, or otherwise
create a ~rowth necessitated demand to expand the Regional S~wer
System, shall be subject to the imposition of impagt ~ees udder
Section 2.01 of the Collier county Regional Sewer System Impact
Fee ordinance in the same manner as if said lan~$ wer~
characterized as Sewer System Impact Development.
-23-
~ords underlined are added~ words ~u~N-e~oug~ are deleted.
Y. Those areas lvinq within the Marco Shores Subdivision.
Exclusion of the Marco Shores Subdivision r¢~oqnizes tha~ this
area is not presently planned to be served by treatDeDt
capabilities of th9 Reqional Sewer System.
Howewer, the a~gv~ exclusions are not absolute and lands
l¥in~,..within~the excluded areas which either are required to or
rean~e~t..connection to the Regional Sewer System, or otherwise
creat~ -a qrowth necessitated demand to expand the Reqional Sewer
System. shall be subject to the imposition of ~Dpac~ fees udder
Section 2.01 of the Collier County Reqional Sewer Svstem Impact
Fee Ordinance in the same manner as if said lands were
characterized as Sewer System Impact DeveloPment.
~_ ~. SECTION EIGHT: Appendix D entitled "Master Plans" of
Collier County Ordinance No. 90-87, as amended, is amended as
follows:
APPENDIX D
MASTER PLANS
1. Water Master Plan for Western Colli'~'r' County, Vol. I &
II, Hole, Montes & Associates, Inc. and PRC Consoer Townsend
Consulting Engineers, (1986).
2. Collier County 201 Facilities Plan Update, Hole, Montes
& Associates, Inc., (May, 1986).
3. South County Sewer Master Plan - Feasibility and Impact
Study for Sewage Treatment and Collection Facilities for Collier
County, Florida, Hole, Montes & Associates, Inc., and PRC Consoer
Townsend Consulting engineers, (April, 1986).
4. North County Sewer Master Plan - Feasibility and Impact
Study for Sewage Treatment and Collection Facilities for Collier
County, Florida, Hole Montes & Associates, Inc., (November,
1989).
5. Collier County Growth Management Plan, ~an?-~989~
(February, 1991).
6. 1992 Water and Sewer Impact Fee Rate Study prepared by
Hartman and Associates.
SECTION NINE: CONFLICT AND 5EVERABILITY
In the event this Ordinance conflicts with any other
51
Words ~ are added; words ~ruc~-~h~ou~h are deleted.
ordinance of Collier County or other applicable law, the more
restrictive shall 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 TEN: EFFECTIVE DATE
This ordinance shall become effective upon receipt of notice
from the S_ecretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this /6/~4da¥ of~, 1992.
,JAMES C. GILE-~, Clerk BOARD OF COUNTY COM]4ISSIONERS
:' ' ' OF COLLIER COUNTY, FLORIDA
Apgroved as to form and
legal sufficiency:
Richard D. Y~vanovich This ordinance filed with th-.
Secretu~y of State's
Assistant County Attorney /&/~ doy o~ ,
and ocknowfedge~ ~f
-25-
Words underlined are added; words ~ruck-~h~eu~h are deleted.
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judic]al Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 92-92
which was adopted by the Board of County Commissioners on
the 10th day of November, .1992, during Regula~ Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of November, 1992.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of ~ ' "",