Ordinance 91-051 ~NO. 90-87, THE REGIONAL SEWER SYSTEM IMPACT FEE
~ m -- %~RDINANCE, BY REVISING THE FINDINGS IN SECTION 1.03.;
~? ~ ~XTENDING THE PERIOD OVER WHICH CERTAIN PAYMENTS MAY
='~--~ .~/~O APPENDIX B; PROVIDING FOR CONFLICT AND
~%~/~EVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County land development regulations and
policies require that Owners of lands provide certain
collection facilities, and in recognition thereof the Board of
Commissionsrs does not include th, cost of those collection
facilities in its calculation of impact fees or system ~
development charges to provide treatment and transmission
portions of the Regional Sewer System; and ~ ~ ~--
WHEREAS, it is necessary to more clearly state the ~
long-standing policy of the Board relative to what faci~ttes~
are and are not paid for through revenues derived from system
development charges or impact fees; and
WHEREAS, Board of County Commissioners is also desirous of
amending the Regional Sewer System Impact Fee Ordinance to
further extend the payment of impact fees by owners of existing
Buildings, structures or applicable improvements, where the
Owner satisfactorily demonstrates a financial inability to pay,
or hardship which would arise from paying, the entire ~mpact
fee 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 County
ordinance No. 90-87 shall be amended to read as follows:
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.
B. The Board has alternative, cumulative and supplemental
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authority to plan for and provide water and sewer systems
under, the'Laws'of the State of Florida, including but not
limit&~?~ chapt~rs~'I25~ 153 Part~'II, 163, and 380,
Florida StatUtes; Chapters 67-1246, 78-489 and 88-499,
Laws of Florida; and Article VIII of the Constitution of
the State of Florida.
C. Collier county l~nd development regulations and
policies require Persons to install, use, operate or
employ interim sewer treatment facilities when such
Persons choose to develop lands in advance of the
expansion of the Regional Sewer System within the
District.
D. Collier County land development regulations and
policies require that Owners of lands connected to interim
sewer facilities disconnect from such facilities and
connect to the Regional Sewer System whenever the Regional
Sewer System becomes available within the District.
E. Future demand represented by Sewer System Impact
Development should contribute its fair share to the cost
of improvements and additions to the Regional Sewer System
which are required to accommodate the use of the Regional
Sewer System by such demand.
F. Implementation of an Impact Fee or System Development
Charge to require Sewer System Impact Development to
contribute its fair share of the cost of improvements and
additions to the Regional Sewer System is an integral 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 Sewer System constitutes a projection of
anticipated need for water treatment and transmission
facilities, based upon present knowledge and judgment.
Therefore, in recognition of changing growth patterns and
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the.dynamic nature of population growth, it is the intent
of the Board that the level of service for the Regional
Sewer-System and'the Impact Fee imposed be reviewed and
adjusted per~Odically, pursuant to Section 3.08, to insure
that the Sewer System Impact Fees are imposed equitably
and lawfully, based upon actual and anticipated growth at
the time of their imposition.
M. The imposition of the Sewer System Impact Fee is to
provide a source of revenue to fund the construction and
improvement of the Regional Sewer System either
necessitated by growth or as delineated in the capital
Improvement Element of the Comprehensive Plan.
I. The Regional Sewer System is intended to ultimately
provide services for all citizens of the Collier County
Water-Sewer District'.and that the presence of the Regional
Sewer 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
Sewer'System~enhances and benefits the health, safety and
generalZwelfare of the residents and landowners within the
Collier County Water-Sewer District.
J~ This Ordinance shall not be construed to permit the
collection of Sewer System IMpact Fees from Sewer System
Impact Development in excess of the amount reasonably
anticipated to offset the demand on the Regional Sewer
System generated by Sewer System Impact Development either
occurring or connecting to the Regional Sewer System
subsequent to the effective date of this Ordinance.
K. All improvements and additions to the Regional Sewer
System needed to eliminate any deficiency between the
existing Regional Sewer 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
the Sewer System Impact Fee shall be utilized only for the
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acquisition of improvements and additions to the Regional
Sewer System which are necessitated by Sewer System Impact
Development either occurring or connecting to the Regional
Sewer-System subsequent to the effective date of this
ordinance..
L'. It is hereby declared to be the policy of the Board
that.the maior transmission and treatment improvements and
additions to the Regional Sewer System, required to
accommodate future connections or demand by Sewer System
Impact Development, shall be funded entirely by the
revenue derived from the Sewer 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 Sewer System improvements or
additions. In'.the event that this policy is altered by
the subsequent action of the Board or if grant money is
received and committed for growth necessitated
improvements and-additions to the Regional Sewer System,
the-Sewer System Impact Fee shall be adjusted at the
annual review required pursuant to Section 3.08 and credit
shall be given for any tax revenue which has been utilized
for growth required improvements and additions to the
Regional Sewer System.
M.~' It is has been and continues to be the lon~-standi~l/
policy of the Board that ~ert~in collection facilities
be fu~Qed by revenugs derived from system Oevelopmep~
Char~es or Sewer SYstem ImPact Fees Such coilect~oB
facilities, for the purpose o~ ~hi~ ~inding._include.
way of example and not ~itat~on, required, needed
appurtenant ~ravitv lines, pump stations, ~orce ma,.Ds aD~d
interconnecting transmission facilities typically
installed and de~cated at the time s~bdivisiop or l~ke or
similar improvements are ins~lled, or such collection
facilities installed ~s a result of the creatioD o~ a
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munici~al~servi~es tax or benefit, unit or like or simila~
N~Ag_Gka~lv fun~ed~pro~ect in a defined area determined to
need..~he installation, retrofit, and/or connection to a
aentrat, sewer-'svstem meeting County standards.
Accordingly, the calculation of the Impact F~gs imposed
hereunder does ~kQt include or account for the cost or
ex~pense of such collection facilities,
M~_~... The provisions in this Ordinance relative to
developer contribution credit represent innovative land
dmvelopment, regulation which the Local Government
Comprehensive Planning and Land Development Regulation Act
encourages local government to employ via its land
deYelopment regulations.
SECTION. TWO: · Section 2.02. Payment. of Collier County
Ordinance No~ 90-86 shall be amended to read as follows:
Section 2.02. Payment.
A,~.Except as otherwise provided in this ordinance, prior
torthe%issuance of a Building Permit where applicable, all
Applicants or Owners, as the case may be, shall pay the
Sewer System Impact 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 Sewer System
Impact Fees over a period not to exceed f~Ye ~even years
with Owners of..existing Buildings, structures or
applicable improvements which are required to connect to
tbe..Rggional Sewer System. Prior to the County entering
into any agreements to extend payment and from time to
time 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 cj
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 p~imation or description
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of L~he:administrative costs or e.×Denses associated with
admtnistering~the-extended payment~alternative.
r~__e~_l=~.. Th~;C.ounty~k~hallLonly.enter into agreements to
ce_~i~ilex~nd~pa~_~nt~of the Sewer System Impact Fee to an
~.,,.._=..::__o.~oeF p$=gx_i~ng .Buildings, structures or applicable
~2.._,.improvements,. where the Owner satisfactorily
:=;.:~::.~.~emon. st.F~tes 9 financial inability to pay, or
~. - hardship which would arise from paying, the entire
~ ~..Impact Fee at the time of connection.
-e . 2. _The amount of payment, including any title
ct--verification expenses, recording fees, and a
.~r reasonable estimation of the cost and expense
-, associated with providing an extended payment
-' alternative, shall be paid in equal monthly payments
· -.~a-: 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
-' ':.. 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 Ordinance.
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
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z%' 2[.require- the. procedure and dmcum~ntation for exten,~ing
.~. payments to substantially and reasonably conform to
gener-ally~accepted and reasonably applicable
commercial' ~Rnding practices, including but not
limited to the requirement for acceptable personal
guarantees from one or all of the Owners or
individuals owning a beneficial interest in an entity
Owner. At its 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 generally accepted commercial
lending practices and the costs of same shall be
borne by the Owner.
5.-. In recognition that the payment of the Sewer
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 Sewer System Impact
Fee and the benefits derived therefrom shall run with the
land.
D. In the event that a valid Building Permit for which a
Sewer 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 Sewer System Impact Fee.
1. The application for refund shall be filed with
the County Manager, on a form approved by the County
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~anager, and.contain the.following: ~.
.... (a) "A sworn'statement representing that the
., .information contained on the application for
:~ "'refund is true-and correct;
(b) The name and address of the applicant;
r~ . (c) The'location of the property which was the
subject of the Building Permit;
.. (d) The date the Sewer:System Impact Fee was
paid;
(e) A copy of the receipt of payment for the
Sewer System Impact Fee, or such other record 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
Sewer System Impact Fee.
3,, A%Building Permit which is subsequently issued on
the same property which was previously the subject of
a refund sl]all then pay the Sewer System Impact Fee
as required by Section 2.01.
SECTION THREE: Appendix B of Collier County Ordinance No.
90-87 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 oZ
competent Jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
Words underlined are added; words s~ru~k-thr~u~h are deleted.
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 A/~D DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 18 day of
3une , 1991.
'~' ATTEST: BOARD OF COUNTY COMMISSIONERS
-jAMES C. GILES~ Clerk COLLIER COUNTY, FLORIDA
Chairman
' ApproVed'at to form and
legal sufficiency:
R'i6l~ard D. Yov~ovich
i' Assistant County Attorney ~ ~,,', 0~;~,
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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:
SEWER. RESIDENTIAL USES IMPACT FEE
Residential dwelling units
(including single-family, multi-
family, lmobile home and apartment
dwelling units),
first bathroom
(225-g~l~/day/unit) $1,100.00
each additional bathroom per unit
(501~g~ls/day/unit) 240.00
SEWER. NON-RESIDENTIAL USES IMPACT FEE
~otel, motel and Travel Trailer lot
..or rental.space units
~ ~'ro-~ l~-fu~7 ..... -- ' .... ~ ..... ~4 o .'o~
Non-residential, commercial, office and
industrial toilet units (not to include
industrial waste)
(400 gal/day/unit} 1,960.00
Commercial or coin operated
Ia~..~rY-~s~r~u~ts ......
(29@~gals/day/unit) 980.00
Restaurant and lounge
seating units
(35 gals/day/seat) 170.00
It has been and continues to be the lo~g-standin~ Dolic¥ of the
Board that certain collection facilities Do~ be funded by
revenues derived from Sewer System ImDa~t Fees. Such
collection facilities include, by way of example and not
limitation, reouired, needed or appurtenant ~ravitv lin~s, Dump
stations, forc~ main~, and in=erconnecting transmission
facilities tYPiCallY installed anq~_dedicated at the tl~e
subdivision or like or s~milar improvements are installed, or
such collectio~ facilities installed as.a result of the
creation of a municipal services tax or benefit unit or like or
similar specially funded Dro~ect havin~ a defined area and
determined to need the ~nstallatio~, retrofit and/or connection
to a central sewer system meetin~ CoUnty standards~
According~y, t~e above schedule of ~mpact fees does ~ot
reflect, and is not intended to reflect the costs or expe:~ses
associated with the creation or insta!~ation of such co~lect~o~
facilities,
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STATE OF FLORIDA ) -
COU]~T¥ OF COLLIER )
I, JAMES C. GILES, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier CounEy, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-51
which was adopted by the Board of County Commissioners on
the 18th 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 C. GILES
Clerk of Courts and Cia. rk~f.
Ex-officio to Board of
County Commissioners
~8¥: /s/Maureen Kenyon Deputy Clerk