Ordinance 91-050 ----- m I
/~~ ORDINANCE NO. 91 - ~0
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
~ ~ ~ NO. 90-86, THE REGIONAL WATER SYSTEM IMPACT FEE
1.03.; EXTENDING THE PERIOD OVER WHICH CERTAIN
PAYMENTS ~%Y BE EXTENDED IN SECTION 2.02.;
ADDING EXPLANATORY TEXT TO APPENDIX B; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Collier County land development regulations and
policies require that Owners of lands provide certain
distribution facilities, and in recognition thereof the Board
of Commissioners does:not include the cost of tho~e
distribution facilities in its calculation of impact fees or
system development charges to provide treatment and
transmission portions of the Regional Water System; and
WHEREAS, it is necessary to more clearly state the
long-standing policy of the Board relative to what facilities
are and are not paid for through revenues derived from system
development char~es or impact fees; and
WHEREAS, Board of County Commissioners is also desirous of
amending the Regional Water System Impact Fee Ordinance to
further extend the payment of impact fees by owners of existing
Build].ngs, structures or applicable improvements, where the
Owner satisfactorily demonstrates a financial inability to pay,
or hardship which would arise from paying, the entire im~act
re. at the time of connection. ~ ~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY ~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ ~
SECTION ONE: Section 1.03. Findings. of Collier Cc~nty ~
Ordinance No. 90-86 shall be amended to read as follows:
SECTION 1.03. Findings.
It is hereby ascertained, determined and declared that:
A. The Florida Legislature has adopted growth management
legislation which requires local governments to plan for
and provide for capital infrastructure facilities such as
water and sewer systems.~ C44 [177
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B. The Board has alternative, cumulative and supplemental
authority to p:lan' for and prgvide water and sewer systems
under the L~s"o'f'the-'Stat'e of Florida, ].ncluding but not
limited to'Chapters 125, 153 Part II, 163, and 380,
Florida st~thtes; Chapters 671i~6, 78-489 and 88-499,
Laws of Florida; and Article VIII of the Constitution of
the. State of Florida.
:--rC~3 Collier COunty'land development regulations and
~.~.~ policies require Persons to install, use, operate or
'' ?mmploy'interim water treatment facilities when such
?-'Persons choose to develop lands in advance of the
".'~,.~ansion-of' the Regional Water System within the
?":.-SD~mtrict.. ".-
D~iT~ollier County,-land development regulations and
ct.u-policies require that Owners of lands connected to interim
~water-facllities disconnect from such facilities and
.connectTto'the Regional Water System whenever the Regional
Water System'becomes available, within the District.
~:-~-.cE'.: Future:demand represented by Water-System Impact
."--Development-should contribute its-fair share to the cost
'of:improvements and additions to the Regional Water System
~ which are required to accommodate the use of the Regional
-Water System by such demand.
F. Implementation of an Impact Fee or System Development
Charge to require Water System Impact Development to
" contribute its fair share of the cost of improvements and
additions to the Regional Water System is an integrai'and
vital element of the regulatory plan of growth management
incorporated in the Comprehensive Plan.
G. Capital planning is an evolving process and the level
of service identified in the Comprehensive Plan for the
Regional Water System constitutes a projection of
anticipated need for water treatment and transmission
facilities, based upon present knowledge and judgment.
Words underlined are added; words s~=u=~-th~ough are deleted.
Therefore, in recognition of changing growth patterns and
the dynamic nature of population growth, it is the intent
of~he'~Board~.that the level of service for the Regional
Water<System-and the Impact Fee imposed be reviewed and
adjusted periodically, pursuant to Section 3.08, to insure
that the Water System Impact Fees are imposed equitably
and lawfully, based upon actual and anticipated growth at
the time.of their imposition.
~...The imposition of the Water System Impact Fee is to
prouide~a source of revenue to fund the construction and
improvement of the Regional Water System either
necessitated by growth or as delineated in the capital
Improvement Element of the Comprehensive Plan.
I. The.Regional Water System is intended to ultimately
provide services for all citizens of the Collier County
Water-Sewer District'and that the presence of the Regional
Water. System enhances and benefits the health, safety and
general'welfare of.all citizens of the County. The Board
specifically~finds-that-the development of a Regional
Water'.System enhances and benefits the health, safety and
general welfare of the residents and landowners within the
Collier County Water-Sewer District.
J. This Ordinance shall not be construed to permit the
collection of Water System Impact Fees from Water System
Impact Development in excess of the amount reasonably
anticipated to offset the demand on the Regional Water_
System generated by Water System Impact Development either
occurring or connecting to the Regional Water system
subsequent to the effective date of this Ordinance.
K. All improvements and additions to the Regional Water
System needed to eliminate any deficiency between the
existing Regional Water System and the standard of service
as adopted in the Comprehensive Plan, shall be funded by
revenues other than impact fees. Any revenue derived from
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the Water System_Impact Fee shall be utilized only for the
acquisition of:improvements and additions to the Regional
~at~r System which~are, necessitated by Water System Impact
Deye{opment-either- occurring or connecting to the Regional
Water-_System:subsequent-to the effective date of this
Ord~nance."~ ....
L~ It.'is hereby.~declared to be the policy of the Board
thatathe major transmission and treatmer~ improvements and
additions~ to the Regional Water System, required to
accommodate, future connections or demand by Water System
Impact'Development, shall be funded entirely by the
revenue, derived from the Water System Impact Fee.
Therefore,' no credit shall be given for any tax revenue
sources which may have been.utilized in prior years for
the.funding of:such Regional Water System improvements or
additions. In-the event that this policy is altered by
the~subs~quent action of the Board or if grant money is
=e=eived~:and committed for growth necessitated
improvements and-additions to the Regional Water System,
the~Wa=er System Impact Fee shall be adjusted at the
annual review required pursuant to Saction 3.08 and credit
shall be given for any tax revenue which has been utilized
for growth required improvements and additions to the
Regional Water System.
M~ It is bas ~e~n and cont,.Dues to be ~he lonq-standi~g
Dolic¥ of the Board that cer,taiD distribution facilities
not. be funded by revenues de.rived from System Develcp~en~
~harges or Water System Impact Fees. Such ~istribution
facilities, for the DUrDQse Of this finding, include, b~
way of example and not %imi~ati0D, required Or Deede~ or
appurtenant facilities tyDicallv inst~l~ed a~d dedicated
at the time subdivision or l~ke or s~milar impr0vementa
are installed, or such distribution facilities instal]ed
a~ a result of the creatio~ O~. a municipal services tax o~
Words underlined are added; words ~tru~-throu~h are deleted.
ben,fit unit or like or similar specially funded project
in"a defined area' determined to need the installation,
~etrofit.,~.and/or connection ~Q ~ ceDtr~ W~ter system
me~ting'c~untw standards. AcGordinql¥, the ~a~cu~ation of
the~Impact'~Fees':imposed hereunder dge$ Dg~ igqlude or
account for the ~Qs~ Or eXp~nse Q~ such.distribution
facilities. _ ~
~.'.:~The_~rQ¥_~%ko~s...ig.this Ordinance relative to
developer contribution credit represent innovative land
development regulation which the Local Government
Comprehensive PlanniDg and Land Development Regulation Act
encourages'local government to employ via its land
~evelopment regulations
SECTION TWO: Section 2.02. Payment. of Collier County
Ordinance. Noo~90-86 shall be amended to read as follows:
Section 2.02. Payment.
~. Except as otherwise provided in this Ordinance, prior
to~the-issuance~of a Building Permit where applicable, all
Applicantszor-Owners, as the case may be, shall pay the
Water%SystemImpact fee as set forth in Section 2.01.
B. Subject to an availability of funds, the County may
enter into agreements to extend payment of Water System
Impact Fees over a period not to exceed ~Ye seven years
with Owners of existing Buildings, structures or
applicable improvements which are required to connect to
the._Regional Water. System. Prior to the County enter, lng
into any agreements to extend payment and from time~o
tims thereafter the Board shall identify a specific source
of funds to be used relative to providing extended payment
and the cost of such funds, including all expenses or
costs incidental to obtaining or providing same, the
interest rate that the Board or the Utilities
Administrator will employ in offering extended payment
with interest and a reasonable estimation or description
age 044- 151
Words underlined are added; words ~r~e~-~hr~g~ are deleted.
mm
of;.the.administrative costs or expenses associated with
administering, the extended payment alternative.
· '~=%~-~,_~.The._CQ~n~y.. shall._only egret into agreements to
mc__.~_~L~xtend"pa,v~gnt of the Sewer wate~ System Impact Fee
u~< _-t~D..Qw~ex_.of~_existi~' Buildings, structures or
a?ar'z~ppl!cab!e_~improvements, where the Owner
' satisfactorily demonstrates a financial inability to
'~-- pay,~or' hardship which would arise from paying, the
c~', _.entire~Impact Fee at the time of connecticn.
a~-.~_2~,'The.amount of payment, including any title
_zr'3 'verification expenses, recording fees, and a
~n-.-rreasonable estimation of the cost and expense
~' - associated with providing an extended payment
3tl~ .alternative, shall be paid in equal monthly payments
raa~'=5, s with an annual, interest rate as determined and
- ~- promulgated'by the Board. The interest rate charged
.shall be representative of the County's cost of
t~ funds, including all expenses or costs incidental to
.~...obtaining or providing same, if any.
-.;.' ~ 3. 'With the exception of the approval and execution
of agreements, or an aggregation of related
agreements, with a face amount in excess of $6,000,
the Board hereby delegates to the Utilities
Administrator the power and authority to enter into
and release such extended payment agreements in
conformance with the provisions of this Ordinanca.
The agreement and any other associated documentation,
shall be in a form approved by the Board and
acceptable to the County Attorney and the agreement
shall be recorded in the Official Records upon
approval of the Utilities Administrator.
4. For an agreement, or an aggregation of related
agreements, to extend payment of impact fees with a
face amount in excess of $6,000 the County shall
Words underlined are added; words ser~ek-bhro~h are deleted.
~ .... require the procedure and documentation for extending
arr''payments to sub~tantially and reasonably conform to
generallyOaccepted and reasonably applicable
commercialrlending practices, including but not
limited~to'the requirement for acceptable personal
9~arantees from one'or all of the Owners or
ihdlgiduals owning a beneficial interest in an entity
Owner;~ AtUits sole option the County may contract
with outside counsel or a servicing agent to prepare
such. documentation and to advise the County relative
to:conformance with geDerally accepted commercial
lending practices'and the costs of same shall be
b~rn~ by the'Owner.
5.-:In recognition that the payment of the Sewer
Water System Impact Fee for existing mobile home park
or rental housing will in some manner be passed
through to'the occupants by an Owner, and in
recognition that if such pro-rate Impact Fee
paSs~through is collected as one single payment by
the Owner.that such a pass-through may cause
financial hardship on these occupants, to pass
through entirely and on the same terms all the
benefits of any extended payment of the Impact Fee to
the affected occupants.
C. The obligation for payment of the Water System Impact
Fee and'the benefits derived therefrom shall run with~
the land. ~2-
D. In the event that a valid Building Permit for which a
Water System Impact Fee has been paid, expires prior to
the initiation of the 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 Water System Impact Fee.
1. The application for refund shall be filed with
Words underlined are added; words s~u~k-~h~gh are deleted.
the. County Manager, on a form approved by the County
Manager, and contain the following:
..~r ~.-(a). A sworn, statement representing that the
.~,~.,?-information~contained on the application for
_~' -refund.is true_and correct;
~b~. (b). The name and address of the applicant;
-~ (c) The location of the property which was the
~..~ ~.subject or.the Building Permit;
(d) The date the Water System Impact Fee was
~_. paid;
- (e) . A copy of the receipt of payment for the
· -- Water System Impact Fee, or such other recor¢! as
would indicate payment of such fee; and
(f). The date the Building Permit was issued and
· . ......the date of expiration.
2. -After verifying that the Building Permit has
expired and that the construction has not been
commenced under the subject Building Permit, the
County-Manager shall cause a refund of the subject
Water System Impact Fee.
3...A Building. Permit which is subsequently issued on
the same property which was previously the subject of
a refund shall then pay the Water System Impact Fee
as required by Section 2.01.
SECTION THREE: Appendix B of Collier County Ordinance No.
90-86 shall be amended by replacing Appendix B with an amended
Appendix B, attached hereto and incorporated herein by
reference.
SECTION FOUR: Conflict and Severability.
In the event this ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a
PagI 044 lS4
Words underlined are added; words se~R-thr~gh are deleted.
separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION FIVE: Effective.Date..':.''
This Ordinance-shall take' effect 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, Florida, this l~thday of
June , 1991.
.3~TTEST: . ~. BOARD OF COUNTY COMMISSIONERS
JAMES C. GIL~g.., Clerk COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
Richard D. ,¥ovan~vich
~c~ret?ry of ,gl:te', Off(ce ,he
Assistant County Attorney
_~&r.~.~ ..... - - a. ncl ock~o~:~gtrnent of that
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APPENDIX B
REGIONAL WATER SYSTEM IMPACT FEE SCHEDULE
Pursuant to Section 2.01 of Collier Count}, Ordinance No.
90-86,: all Water System Impact Development occurring within the
Collier County Water-Sewer District shall pay a Water System
Impact'Fee in accordance with the following schedule:
METER SIZE MINIMUM1 EQUIVALENT IMPACT
(Inches)~ .~ DWELLING UNITS2 FEE
5/8~..3J~ :'~ ....... :_. i $ 900.00
i 2.5 2 225.00
1-1/2 5 4 500.00
2 ....... 10 8 100.00
3 20 18 000.00
4 .... 30 27,000.00
6 ......... 100 58,500.00
8 175 90 000.00
10 275 144 000.00
12_ .- . <~... 475 . 207 000.00
1Additional equivalent dwelling units above those
~. specified will be charged at a rate of $900.00 per
.. unit.
2An equivalent dwelling unit is equivalent to the
_ydL..~{9~age 9f 410 gallons of water per day.
It has been and continues to be the long-standin~ policv of the
Board that certain distribution facilities not be ~gp~ed by
revenues derived from Water Syste~_Jmpact Fees, such
distribution facilities include, by w~y of e~amp~e gnd not
limitation, reGuired or needed distribution line~ or
appurtenant facilities typically instal~e~ and ded%Gated at the
time subdivision or like or similar impvovgments are ~nstalled
or such distribution faG~lit~e$ installed as a result of the
creation of a municipal services t~x Or benefit unit or like or
similar specially fuDded project b~vi~g a defined ~rea and
determined to need the installation, retrQfit and/or connec~io~
to a central water system meeting County $tandard~
AcGordin~l¥, the above schedule O~ impact fees doe~ not
reflect, an~ is not intended to reflect the. cos.~ o~ expenses
assooiated with the ¢~eation or ~pst~l, lation of such
distribution facilities.
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Words stru=k-~hr~ugh are deleted; words underline~ 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. 91-50
which was adopted by the Board of County Commissioners on
the lSth day of June, 1991, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of June, 1991.
JAMES Co GILES
Clerk of Courts and C]er~t~
Ex-officio to Board of
County Commtss/oner~ ' ~. '*.
Deputy Clerk