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Ordinance 91-071 ORDINANCE NO. 91-71 .,COLLIER COUNTY, FLORIDA EMERGENCY MEDICA~ SERVICES SYSTEM 'IMPACT FEE ORDINANCE Adopted ._AI~:--~--, 1991 T~BLB OF CONTENTS ?:"~ ARTICLE I , .~[. GENERAL Sectio~-l.01.. Definitions . .. ............... · 1 ';/ ' Section 1.02. RUles of Construction ............ Section I 03 Findings ' 6 ~ ..... ' Section 1.04· Adoption of Impact Fee Study and Comprehensive Plan ........... 9 ARTICLE II EMERGENCY"MEDICAL-- SERVICES SYSTEM IMPACT FEES Section 2.01. Imposition ................. 9 Section 2·02. Payment ................... 10 Section 2.03. Use of Monies ................ 10 ;:, Sectisn 2.04. Alternative Fee Calculation ......... 14 ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Exe~ptions ................ 17 Section 3.02. Changes of Size and Use ........... 17 Section 3.03. Vested Rights ................ 18 Section 3.04. Interest to be Paid on Certain Refunds . ' . 19 Section 3.05. Affordable Housing ............. 20 ,: Section 3.06. Alternative Collection Method ' 25 ~'~' Section 3·07. Developer Contribution Credit ........ 29 ii!~,, Section 3.08. Review Hearings ..... ' .......... 36' Section 3.09. Review Requirement .......... , . . 38 ~-..~ Section 3.10. Declaration of Exclusion from Admini~trative Procedures Act ............... 39 Section 3.11. Individual Calculation of Impact Fees .... 40 Section 3.12. Severability ................ 40 Section 3.13. Effective Date ............... 41 Appendix A Affordable Housing Standards ....... ... 42 Appendix B Emergency Medical Services System Impact Fee Schedule ........... 43 .,~..,, ORDINANCE NO. 91- 71 AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEE ORDINANCE; PROVIDING DEFINI- TIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN IMPACT FEE STUDY; PROVIDING FOR IMPOSITION OF EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES ON ALL EMERGENCY MEDICAL SERVICES SYSTEM IMPACT CONSTRUCTION OCCURRING WITHIN COLLIER COUNTY; PROVIDING ' FOR PAYMENT AND COL- LECTION OF EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES; DEFINING THE TERM EMERGENCY 'MEDICAL SYSTEM IMPACT i CONSTRUC- TION; PROVIDING FOR PAYMENT AND USE OF. MONIES; PROVIDING FOR ALTERNATIVE FEE CALCULATION; PROVIDING FOR EXEMPTIONS AND VESTED RIGHTS IN CONNECTION WITH EMERGENCY MEDICAL.SERVICES SYSTEM IMPACT FEES; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE~ PROVIDING FOR AFFORDABLE HOUSING EXEMPTION AND AFFORDABLE HOUSING REIMBURSEMENT; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PRO- VIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR INDIVIDUAL CALCULATION OF IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: · ~ ~%RTICLE I ',~en used in this Ordinance, th~ following ter~s 'shall have the following meanings, unless the context clearly indicates otherwise: "Accessory Building or Structure" shall mean a dstached,~ subordinate building, the use of which is clearly<~lndtcated and related to use of the principal Building or use of the land and which is located on the same lot as the principal Building. "Affordable 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 in Appendix A o.f ~his "Alternative Emergency Medical Services System Impact Fee" shall mean any alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.04 or Section 3.08. "Alternative Emergency Medical Services 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. "Building" shall mean any structure, either temporary or permanent, built f~r the support, shel~er or enclosure of '::.' Persons, chattels or property of any kind, or any other improvement, use, or structure which creates or increases the ~i. potential demand on the Emergency Medical Services System. This term shall include tents, trailers, mobile homes or any ./il.' vehicles serving in any way the function of a Building. This term shall not ihclude temporary construction sheds or trailers i~" erected to assist in construction and maintained during the. ~." term of a Building Permit. ~.~ ."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 build- .ings, such as a Mobile Home, that do 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 sub- 'iii'i~ division of the State of Fl'orida. "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 Board or the designee of such Parson. "County Emergency Medical Services System" shall mean the Buildings, land, apparatus and equipment provided by the County that are used primarily for the providing of medical care and the emergency'transportation of the sick, injured or incapac- itated upon the streets, highways, waterways or airways of Collier County. "Dwelling Unit" shall'mean a Building or portion of a Building designed, for or whose primary purpose is for resi- dential occupancy, and which consists 6f one or more rooms which are arranged, designed or used as living quarters for one or more persons. "Emergency Medical Services Director" shall mean the Person appointed by the Board or the County Manager to super- vise the administration, operation and requisition of the Emergency Medical Services System or the designee of such Person. "Emergency Medical Services System Impact Construction" shall mean land development construction designed or in~ended to permit a use of the land which will contain more Dwelling Units, Buildings or floor space than. the existing use 'of land, or to otherwise change the use of the land in a manner that increases the impact.upon the County Emergency Medical Services System. · "Encumbered" shall mean moneys committed .by d~ntract 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 Agreement ~ct" shall mean the provisions of Sections 163.3220 through 163.3243 --3-- Florida 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. "Impact Fee Rate" shall mean the Impact Fee imposed for a particular Emergency Medical Services System Impact Construction Under the applicable Impact Fee land use category established in the schedules incorporated in Section 2.01 of this Ordinance. "Impact Fee Study" shall mean the study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 3.09. "Local Government Comprehensive Planning and Land Development Regulation Act" shall mean the provisions of Part · II,.Chapter 163, Florida Statutes (1989), as amended or supplemented, or its successor in function. . "Mixed Use Emergency Medical Services System Construction" shall mean an Emergency Medical Services System Impact Construction in which more than one Impact Fee land use category is contemplated with each category consisting of a separate and identifiable enterprise which is not subordinate to or dependent on other enterprises Within the Emergency Medical Services System Impact Construction. "Mobile Home" shall mean manufactured homes, trailers, campers or recreational vehicles. For the purpose of imposing · impact fees relative to Travel Trailers, which are otherwise herein encompassed by the term "mobile home", .TraVel Trailer '. lots or spaces shall be classified in conformance with the definition of usa provided for. in the County's zoning reg- ulations and Comprehensive Plan. "Owner" shall mean the Person holding legal title to the real property upon which Emergency Medical Services S~stem Impact Construction is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other ~/i entity. b'i "Primary Area" shall mean that portion of the County designated as "Urban" and "Industrial within Urban" on the County's Future Land Use Map, along with the Orangetree settlement area. "Residential" shall mean Apartments, Condominiums, Mobile . ~!'"' Homes, Single Family Detached Houses or Adult Congregate Living Facilities, as that term is defined by section 400.402, Florida Statutes. "Secondary Ar~a" shall mean that 9ortion of the County .... . designated as "Estates," Agriculture," Conservation" and ~) "Industrial within Agriculture" areas on the Future Land Use Map~ ..-.~ "Single Family Detached House" shall mean a home on an ~'~'~" individual lot. · "square Fo6tage" shall mean the gross area measure~ in feet from.the exterior faces of exterior walls or other exterior boundaries of the Building. Section ~.02, Rules of Construation For the purposes of administration and enforcement of this · Ordinance, unless otherwise statedin this Ordinance, ·the following rules of construction shall apply: ~ a. In case of any difference of meaning or im- plication between the text of this Ordinance and.any '- caption, iljustration, appendix., s~ary .table, or '. iljustrative table, the text shall control. '~" b. The word "shall" is always mandatory and not ,~' discretionary and the word "may" is permissive. i~.~;~ ' c. Words.used in the present tense shall include the future~ a~d words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. d. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." .. e. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or", the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (2) "Or" indicates ~haf the connected terms, conditions, provisions or events may apply singly or in any combination. (3) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. '., f. The word "includes" shall not limit a re'tm to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or ,.character. section z,o2. findings It is hereby ascertained, determined and declared that: a. Future growth represented by Emergency Medical Services System.Impact Construction should contribute its fair share to the cost of improvements and additions to · the County Emergency Medical Services System'~hat are required to accommodate the use of such facilities by such growth. b. Implementation of the Impact Fee structure to require future Emergency Medical Services System Impact Construction t'o contribute its fair share of .the cost of improvements and additions to the cOunty Emergency Medical Services System is an integral and vital element of the' regulatory plan of growth management incorporated in the Comprehensive Plan. c. The standard of service for the Emergency Medical Services System, as determined in the Impact Fee Study, is hereby approved and adopted by the County and found to be in conformity with the Comprehensive Plan. d. Emergency Medical Services System planning is an evolving process and the standards of service in the Primary Area and the Secondary Area for the.County Emergency Medical Services System constitutes a balancing of anticipated need for facilities, based upon present knowledge and Judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamic nature of population growth, it is the intent. of the Board that the standard of service for the Emergency Medical Services System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.09, to insure that the Emergency Medical Services System Facilities Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. e. The imposition of the Emergency Medical Services System Impact Fee is designed and intended to provide a source of revenue to fund the construction or improvement of the Emergency Medical Services System necessitated by' growth as delineated in the capital improvement element of -the Comprehensive Plan. . ? " f. The board specifically finds that Emergency Medical Services benefit all residents of the County and, therefore, Emergency Medical Services System Impact Fees shall be imposed in all areas of the County, including both the unincorporated area and within municipai boundaries. '!'." g. This Ordinance shall not be construed to permit the collection of Impact Fees from Emergency Medical Services Facilities Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Emergency Medical Services System generated by the ~. Emergency Medical Services Facilities Impact Construction '~" occurring subsequent t° the effective date of this Ordinance. h. All improvements and additions to.the Emergency Medical Services System needed to eliminate any deficiency between the existing Emergency Medical Services System and i~:: the standard Of service as adopted in the Comprehensive Plan, shall be funded by revenues other than Impact Fees. -',~ Therefore, the revenue derived from the Emergency Medical. .,. Services System Impact Fee shall be utilized only for the acquisition of improvements and additions to the Emergency ''~ . Medical Services System which are necessitated by .~. Emergency Medical Services Facilities Impact Construction ,.~ occurring subsequent to the effective date of this :'~'' Ordinance. i. It is hereby declared to be the policy of the :' Board that the improvements and additions to the Emergency ~;':' Medical Services System, required to accommodate 'future growth, shall be funded by the revenue derived from the ~. Emergency Medical Services System Impact Fees. Therefore, ¥. credit shall be given for tax revenue sources which have '":' been utilized in prior years for the funding ~f Emergency '~'' Medical Services System improvements or additions. In the event that this policy is. altered by the subsequent action :~.~.~ii' of the Board, or if additional revenue is received and committed for growth necessitated improvements and . additions of the Emergency Medical Services system, the , Impact Fee shall be adjusted at the annual review required ~"~ pursuant to Section 3.09 and credit shall be given for any. revenue which has been utilized for growth required improvements and additions to the Emergency Medical Services System. J. The provisions in this Ordinance relative to developer contribution credit represent an innovative land development regulation which the Local Government Comprehehsive Planningand Land Development Regulation Act encourages local government to employ via its land development regulations. Seotion 1.04. Adoption of'Impaot Fee Study and Comprehensive Plan The Board hereby adopts and incorporates by reference the. study entitled "Impact Fees for Emergency Medical Services for Collier County, Florida," particularly the assumptions, con- clusions and findingS in such study as'to the determination of anticipated costs of additions to the Emergency Medical Services System required to accommodate growth. The Board further incorporates by reference the Comprehensive Plan as 'approved on January 10, 1989 as it relates to the improvements and additions to the Emergency Medical Services System. ~RTICLE II EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEE Bectton 2.01. Imposition a. All Emergency Medical ServiCes System Impact Construction occurring within Collier County, including that which occurs within the boundaries of a municipality, shall pay an Emergency Medical Services System Impact Fee in accordance with the schedule shown on Appendix 'B of this Ordinance. b. The Board hereby adopts the Emergency Medical Services System Impact Fees incorporated within Appendix B which shall be imposed upon all Emergency Medical Services System Impact'Construction .occurring within the Count~. c. The Emergency Medical Services System Im'pact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of any Building Permit and is intended to provide funds only for growth necessitated improvements and additions to the Emergency Medical Services System. Seotiom 2.02. Pa~ment a. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit, an Applicant shall pay the appropriate Emergency Medical Services System Impact Fee as set forth in Section 2.01. (1) If the Emergency Medical Services System impact Construction.is located within the unincorporated area of the County, the Emergency Medical 'Services System Impact Fee shall be paid directly to the County. (2) If the Emergency Medical Services System Impact. Construction is located within a municipality and the governing body of the municipality by interlocal agreement . or otherwise has agreed to require payment of the Impact Fee as a condition of the issuance by the municipality of a Building Permit, then such Impact Fee shall be paid to the City. (3) If the Emergency Medical Services 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 as a condition of the issuance of a Building Permit by the municipality, then the Impact Fees shall be paid.as '. provided in Section 3.06. '? . b. The obligation for payment of the Emergency Medical Services System Impact Fee shall run with the land. Section 2.03. Use of Monies a. The Board hereby establishes a.separate trust account for the Emergency Medical Services System Impact Fees,' to be designated as the ~Emergency Medical services System Impact Fee Trust'Account" whiCh shall be ma/ntained separate and apart m from all other accounts of the County. All such Emergency Medical Services System Impact Fees shall be deposited into such trust account immediately upon receipt. b. The monies deposited into the Emergency Medical Services System Impact Fee trust account shall be used solely for the purpose of providing growth necessitated construction improvements and additions ~o the Emergency Medical Services System including, but not limited to= (1) Design or construction plan preparation; (2) Permitting and fees; (3) Land acquisition including any costs of a~quisition or condemnation; (4) Construction and design of Emergency Medical Services buildings, facilities or improvements and additions thereto; (5) Design and construction of drainage facilities · required by the construction of Emergency Medical Services buildings, 'facilities or improvements and addition~ thereto; (6) Relocating utilities required by the con- .etruction of Emergency Medical Services buildings,' facilities or improvements and additions thereto; (7) Landscaping, incident to or necessitated by the expansion of the Emergency Medical Services System buildings, facilities or improvements and additions thereto; '. (8) Construction management or inspecti~n; '. (9) Surveying, soils and material testing; (10) Acquisition of apparatus or equipment necessary to expand the Emergency Medical Services System; (11! RepaYment of monies transferred or borrowed from any budgetary fund of 'the County, including m~nims borrowed subsequent to the adoption 0f this Ordinance which were used to fund co~struction, acquisition of improvements and additions to the Emergency Medical Services 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 to fund growth impacted improvements and additions to the Emergency Medical Services 'System; and (13) Reimbursement of Emergency Medical Services System Impact Fees due an ApPlicant pursuant to Section 3.06. (14) Reimbursement of costs incurred in the prep- station of th~ Impact Fee Study adopted pursuant to Section 1.04 an~ any amendments or supplements adopted pursuant to Section 3.09. c. Funds on deposit in the Emergency Medical Services 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 Emergency Medical Services System Impact Fee trust account shall be used solely to provide improvements and addition~ to the Emergency Medical Services System required by growth generated by Emergency Medical Services Impact Construction as identified in 'the Impact Fee Study. e. Any funds on deposit which are. not immediately · necessa~r for expenditure shall be invested by the County. All income derived from such investments shall be .depOSited in the. .' Emergency Medical Services System Impact Fee trust account and used as provided herein. f. The Emergency Medical Services System Impact Fee collected pursuant to this Ordinance shall be returned to the then current owner Of the property on behalf of wh.ich 'such fee ' was paid if such fees have not been expended or encumbered prior .to the end of the fiscal y. ear immediately, following the -12- .~, sixth anniversary of the date upon which such fee was paid. 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 sixth anniversary of the date of the payment of the Emergency Medical Services system Impact Fee. (2) The petition for refund, shall be submitted to the County Manager, on a form approved by the County Manager, and..sha11 contain: (a) A sworn statement that the petitioner is the then current 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 representation 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 in the status of legal ownership which occurs prior to the issuance of 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 the 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 t° 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. g. Any Owner entitled to a refund who fails to file a 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 and additions to the Emergency Medical Services System.. . 8sotion 2.04. ~lternative Fee Caloulation a. In the event an Applicant or Owner believes that the impact to the Emergency Medical Services System necessitated by his Emergency Medi~al Services System ~mpact Construction is less than the fee established in Section 2.01, such Applicant or Owner may, prior to issuance of a BUilding Permit for such · EmeFgency Medical Services System Impact Construction, submit a Calculation of an Alternative Emergency Medical Services System Impact Fee to the Office of the County Manager pursuant to the .provisions of t~is Section. b. Upon timely submission of an Alternative Emergency Medical Services System Impact Fee calculation, the basis therefor and receipt of the Alternative Emergency Medical Services System Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the Alternative Emergency Medical Services System Impact Fee and shall provide the petitioner written notice of the time and place of the hearing. Such hearing .shall be held%ithin thirty (30) days of the date the Alternative Emergency Medical Services System Impact Fee was submitted. c. The Alternative Emergency Medical Services System Impact Fee calculation shall be based on data, information or assumptions contained tn this Ordinance and the Impact Fee Study or an independent source, provided that the independent source is a local study supported by a professionally prepared data base determined to be adequate for the conclusions contained in such study, performed according to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. d. If during a prior Alternative Fee calculation process an acceptable'Alternative Emergency Medical Services System Impact Fee Study substantially consistent with the criteria required by this Section has been accepted by the Board, and if such study is determined by the Board to be now current and applicable, the Emergency Medical Services System impact of such previously approved Emergency Medical services system Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Emergency · Medical Services System Impact Fee shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that such an impact study based upon an i~dependent source conducted and accepted' by the Board more than two years earlier is invalid. e. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alterna- tive Emergency Medical Services system Impact Fee complies with the requirements of this Section and. that the Alternative Emergency Medical Services System Impact Fee was calculated by the use of a generally accepted methodology, then the Alterna~ tire Emergency Medical Services System Impact Fee shall be paid in lieu of the fee set forth in Section 2.01...The~Board shall. have the discretion, but not the obligation to adopt, by Resolution, criteria and standards by which a primary or secondary facility providing countywide clinical and diagnostic patient care,.as further defined in such Resolution, may be approved for an Alt'ernative Emergency Medical.Services System Impact Fee without submission of an Alternative Medical Services System ImPact Fee calculation or study; 'A primary Or' secondary facility providing countywide clinical and diagnostic patient care meeting the definition, criteria and standards as set forth in such Resolution shall be granted an Alternative Emergency Medical Services System Impact Fee as set forth under the provisions of such Resolution or as otherwise determined to be appropriate by the Board pursuant to such Resolution. f. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alterna- tive Emergency Medical Services System. Imgact Fee does not comply with the requirements of this Section Or is otherwise not equitable or that the Alternative Emergency Medical Services System Impact Fee was not Calculated by the use of a generally accepted methodology, then the County shall provide to the Applicant by certified mall, return receipt requested, written notification of the rejection of the Alternative Emergency Medical Services System Impact Fee and the reason g. At the Sole discretion of the Board the alternative yt impact fee review hearing may be adjourned or continued for up +!%/' to thirty (30) days to cause further study or scrutiny of any '. proposed Alternative Emergency Medical Services System Impact Fee or Alternative Emergency Medical Services system Impact Fee :. Study by either County staff or outside consultants. The final .,i~~. decision of the Board shall be in writing and issued within ~'. twenty (20) calendar.days of the close of the review hearing.' h. Any Applicant or Owner who has submitted a proposed '. Alternative Emergency Medical Services System .Impact Fee · pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to, or at the time the proposed Alternative Emergency Medical Services System Impact '. Fee is submitted, the applicable Emergency Medical Services ~'.' System Impact Fee pursuant 'to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Board, '~, shall be refunded to the Applicant or Owner. ~RTICLE III f MISCELLANEOUS PROVISIONS Section 3.01. Exemptions a. The following shall be exempted from payment of Impact Fees: : (1) Alterations or replacement of a Dwelling Unit or Building with a new Dwelling Unit or Building of the same size or use and which'will not increase the square footage ~i'~ associated therewith. ,..~. (2) The construction of Pubiicly owned governmental' buildings. (3) The issuance of a tie-down permit on a Mobile Home on which applicable Emergency Medical Services System Impact Fees have previously been paid. Section 3.02. Changes of Size an~ Use .. Impact Fees shall be imposed and calculated for the alteration, expansion or replacement of a Building or Dwelling '~ Unit or the construction of an Accessory Building if the alteration, expansion or replacement of the Building or' Dwelling Unit or the construction of an Accessory Building "' results in a land use determined to:. (1) increase the number i''~ of Dwelling Units; (2) increase the square footage; or (3) ]~1~'~'' change the land use SO as to constitute a different Impact Fee '/i'" land use category. The Impact Fee imposed under the applicable ~?.~ Impact Fee Rate shall be calculated as follows: '~ a. If the Impact Fees are calculated on land use i..' and not square footage, the Impact Fees imposed shall be ~i~ the Impact Fees due under the applicable Impact Fee Rate for the Impact Fee land use category resulting from the alteration, expansion 'or replacement less the. Impact Fee i! that would be imposed under the applicable Impact Fee Rate ".~ -17- ~. for the Impact Fee land use category prior to the alter- ation, expansion or replacement. b. In the event the square footage of a Building is increased, the Impact Fee shall be calculated only for that increased square footage. c. The Impact Fee imposed for any Accessory Buildings shall be that applicable under the Impact Fee Rate for the land use for the primary building. gaotion 3.03, Vested Rights a. Any Owner of land which was the sub~ect of a devel- opment order prior~.to the effective date of this Ordinance may petition the Board'for a vested rights'determination which would exempt the landowner from the provisions of this Ordinance. Such petition shall be evaluated by.the County Attgrney and a decision made based on the following criteria: (1) The existence of a valid, unexpired governmental · act of the County authorizing the specific development for which a de~ermination is sought; (2) Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this' Ordinance. (3) Other factors that demonstrate it is inequitable to deny the Petitioner the opportunity to complete the previously approved development under the conditions of ' approval by requiring the Petitioners to comply with the · requirements of this ordinance. For the .put,sas of this. paragraph, the following factors shall be considered in determining whether it is inequitable to deny the Petitioner the opportunity to complete the previously approved, development: (a)' Whethe~ the injury suffered by the Petitioner outweighs the public cost of allowing the development to go forward without payment of the Impact Fee required by this Ordinance; and (b) Whether the expenses or obligations for the development were made or incurred subsequent to the effective date of this Ordinance. b. The County Attorney shall make a written deter- mination as t0 whether the Owner has a vested right and, if so, whether.the vested right would exempt the Owner from the provisions of this ordinance. o. Any Owner aggrieved by a decision of the County Attorney may appeal said decision pursuant to Section 3.08 to the Board within thirty (30) days of the date of the written decision, by filing said appeals with the Clerk to the Board and with a copy to the County Attorney~ d. Anywritten agreement entered into prior to the effective date of this Ordinance between the Owner of any property and the County, which establishes, restricts or .prohibits the i~position of Emergency Medical Services System Impact Fees by the County shall be binding upon the County and not subject to the provisions of this Ordinance. Provided, however, that if such written agreement is amended to ificrease the amount of Emergency Medical Services System Impact Construction permitted on the property, that such additional Emergency Medical Services System Impact Construction shall be required to pay the Emergency Medical Services System Impact ' Fee as provided by the Ordinance. Section 3.04. Interest to be Paid on Certain .RefUnds a. Monies refunded in accordance with Subsection F of Section 2.03 shall be paid with interest. Interest paid pursuant to this Subsection shall be paid at the rate of five percent (5%) simple interest. b. Except as provided for in SubseCtion."a', of ~his Section, no interest shall be paid upon the return of Emergency Medical Services System impact Fees. ~!,-, Section 3.05. Affordable Housing ~(' a. The County shall exempt from the payment of the .? Emergency Medical Services System Impact Fee any new Emergency ~r- Medical Services System Impact Construction which qualifies as Affordable Housing and which new Emergency Medical Services System Impact Construction 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 Urban Development, or from any direct grant or subsidy program of the State or County created to assist in the construction of Affordable Housing. (1) Any. Person seeking an Affordable Housing Ex.mption for propos.d Em.rgency Medical Semite. Syst.m Impact Construction shall file with the County Manager an ;~"~, Application for Exemption prior to receiving a Building Permit for the proposed Emergency Medical Services System Impact Construction. The Application for Exemption shall " '~.F. .contain the following= ('a) The name and address of the Owner; (b) The legal description of the Residential· .!~.i~' Property upon which the Emergency Medical Services 7~. System Impact Construction 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 Emergency ~, Medical Services System Impact Construction will be ~:'..' · offered for sale or the proposed rental price if the ~..:. Emergency' Medicai Services System Impact Construction will be offered for rent; and ~.~'.. (g) The number of bedrooms in each Dwelling Unit of the Emergency Medical Services System Construction. ~"i (2) If the proposed Emergency Medical Services System Construction 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 Emergency Medical Services System. ImPact Fee pursuant to Section 2.02. ~' b. The County shall reimburse to the Applicant the ~.. Emergency Medical ~ervices System Impadt Fee for any Emergency' Medical Services System Impact Construction which will be sold '~? or rented for an amount which qualifies as Affordable Housing.. ~:. (1) Any Applicant seeking a reimbursement of the ' : Emergency Medical Services System Impact Fee for e ~:"~ ..... . proposed Emergency Medical Services System Impact .:~. Construction shall file with the County Manager an' ~: Application for Reimbursement prior to receiving a ~. Building Permit for the proposed Emergency Medical .~., .Services System Impact Construction. 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 Emergency Medical Services · -~!' System Impact Construction shall be constructed; :,'. (c) The proposed selling price .if'~he Emergency Medical Services System Impact Construction will be -~' offered for sale or the proposed rental price if the ',~,. Emergency Medical Services System Impact Construction i~ ,"' will be offered for rent; and. ~:~. (d) ' The number of bedrooms in.eac~ Dwelling Unit of the Emergency Medical Services System Impact Construction' , B (2) If the proposed Emergency Medical Services System Impact Construction meets the preliminary require- ments for an Affordable Housing Reimbursement, then the County Manager shall issue an Authorization for Reimburse- ment to the Applicant for the proposed Emergency Medical Services System Impact Construction. (3) .The Applicant for the Emergency Medical services System Impact Construction who has received an Authori- zation for Reimbursement shall pay the Emergency Medical Services System Impact Fee due pursuant to Section 2.01 of this Ordinance. (4) If ~he Emergency Medical Services System Impact' Construction is being offered for sale, the Applicant may obtain a reimbursement of the Emergency Medical Services System Impact Fee by presenting the Authorization for Reimbursement and documentation indicating the actual selling price of the Emergency Medical Services System Impact Construction to the County Manager. Such d0cu- mentation shall be submitted within ninety (90) days of the sale of each Dwelling Unit in the Emergency Medical Services System Impact Construction. Failure to submit such documentation within the time required shall be deemed a waiver of the right to. reimbursement. ~fter reviewing the documentation provided and determining that the requirements for an Affordable Housing Reimbursement' have been satisfied, the County shall reimburse the · Emergency Medical Services system Impact Fee'~o the Applicant. (5) If the Emergency Medical Services System Impact Construction will be offered for rent, the Applicant may obtain a reimbursement of the Emergency Medical Services System Impact Fee by Presenting to the Count~ Manager the Authorization for Reimbursement and documentation indi- cating the total monthly rental received for 'the immediate' past calendar year, or for that portion of the initial calendar year for which the Emergency Medical Servicos System Impact Construction 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 for an Affordable Housing Reimbursement have been satisfied, the County shall reimburse to the APplicant an amount equal to one-seventh (1/7) of the Emergency Medical Services system Impact Fee paid. (6) Such annual reimbursements may be received for seven (7) consecutive years. Failure to timely apply for r~imbursement in any year or the failure to provide documentation that the total monthly rental received per Dwelling Unit for the entire calendar year was within the limits established shall waive the Applicant's right to reimbursement in that and any subsequent year. (7) The reimbursements of the Emergency Medical ~Services System Impact Fee shall be paid by the County within forty-five (45) days of submission of the Authorization for Reimbursement and proper accompanying documentation indicating the sales price or the total monthly rental for the immediate past calendar year. The County sh~ll pay such reimbursement from the. accumulated Emergency Medical Services System Impact Fees collected pursuant to Section 2.01. (8) The right to reimbursement shall be onl~ 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 an Emergency Medical Services System Impact Construction project to receive an Affordable Housing Exemption -23- or an Affordable Housing Reimbursement, the amount for which ~, the Emergency Medical Services System Impact Construction ~:~ project may be sold or rented must be restricted to an amount within the standards contained in Appendix A, as amended from time to' time, and such restriction must continue for a period of seven years from the issuance of the Building Permit. Such restrictions must be contained within the deed for the -~ Emergency Medical Services System Impact Construction project or within-the provisions of an agreement entered into between ~,.- the County and both the AppliCant and the Owner of the .2 Emergency Medical Services System Impact Construction project. No Affordable Housing Exemption nor Affordable H6using' i~:~ Reimbursement shall be granted for Emergency Medical Services System Impact Construction project which consists of a Mobile ; Home~ ~., ..... d. In determining the total monthly rental charge for the .. -' purpose of determining eligibility 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 Dwmlling unit shall be included. e. For an Emergency Medical Services System Impact Construction project which receives an Impact Fee Exemption Or ~., an Affordable Housing Reimbursement, the County shall pay into ;i.il the Emergency Medical Services System Impact Fee trust account ~he amount of the Emergency Medical Services System Impact Fee '~- which was exempted or reimbursed. .. ' f. For the purposes of this Section, site acquisition, . site development, site preparation and infrastructure con- ";. etruction required for an Emergency Medical Services S~stem (~ Impact Construction 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 3.08. mm -24- h. The Board shall have the discretion, but not the obligation, to consider and grant requests for exemption or ~ reimbursement for Dwelling Units characterized as Emergency Medical Services System Impact Construction provided such housing otherwise meets the requirements of this Section and the Board determines that there are funds available to grant ..~ such a request. Any such request shall not be considered by the Board if not made within 180 days'of issuance of a Building Permit. Section 3.06, AXtsrnativs.collection Method In the event the Emergency Medical Services 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 : characterized as Emergency Medical Services System Impact ~.'~ Conetr~.ction, the County shall proceed to collect the Emergency Medical Services System Impact Fee as follows= a. The County shall serve, by certified mail, return receipt requested, a Notice of Impact Fee Statement upon the Owner at the address appearing on the most recent i~i' re~ords maintained by the Property Appraiser of the ~i~;: . 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 sit6. ~:. 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 i: construction, the date said notice was attached to the · Building Permit, whichever occurs first. The Notice of ..:.,~ Impact Fee Statement shall contain 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 Emergency Medical Services System Impact Fee was imposed; (2) A hearing pursuant to Section 3.08 may be requested within thirty (30) calendar days from the effective date of service o~ the Notice of Impact Fee · Statement, by making application to the Office of the County Manager. (3) The Emergency Medical Services 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. (4) Upon becoming delinquent, the Emergency Medical Services System Impact Fee shall be subject to the imposition of interest on the unpaid amount until paid. (6)' In the event the' Emergency Medical Services 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 Emergency Medical Services 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 properl~ complied with the provisions of Section 2.04, nor has a review hearing been requested pursuant to Section 3.08 In the event a hearing is requested pursuant to Sections 2.04 or 3.08,'the unpaid Impact Fees shall become delin- quent if not paid within thirty (30) days from the date -26- 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 p~id. c. Should the Emergency Medical Services System Impact Fee become delinquent as set forth in Subsection '"b," the County shall serve, by certified mail return receipt requested, a Notice 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 Emergency Medical Services 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 County Manager. 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 Li~n 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, staff shall proceed to expedi- -27- tiously collect, foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. e. The County Manager shall file a Notice of Satisfaction of Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records upon receipt of full payment for a delinquent Emergency Medical Services System Impact Fee, interest due, and any ~ecord- ing expenses. Said Notice of Satisfaction of Claim of -% Lien.shall reflect the appropriate recording information 'i¥ shown on the previously recorded Notice of Claim of Lien. ' f. After the expiration of one'year from the date of re~ording 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 .,!~i- foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the ~,~.: same extent as if such provisions were set forth herein <, verbatim. g.. The liens for delinquent Impact Fees imposed -' hereunder shall remain liens, coequal with the lien of all ~:~ state,.county, district and municipal taxes, superior'to the .interest on such parcel or property of any owner, ~.~i'. 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 coilection and enforcement procedures set ~i:.' forth in this Section shall be cumulative with, sdppla- :"~ mental to and in addition to, any applicable procedures i~": provided in any other ordinances or administrative k,' 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 regula- tion of the County or any applicable law or administrative regulation of the State of Florida. Bec~o~'3.0?. Develope~ ~o~tr~butio~ Credit a. The County may enter into a contribution agreement with a developer which grants a credit for Emergency Medical Services System Impact Fees imposed b~ Section 2.01 in exchange for certain donations of land, apparatus or equipment, or for the' construction or installation of certain Emergency Medical Services System buildings, facilities or improvements and additions thereto. Such land donation, construc~ion, and' improvement shall be subject to the approval of the Board and shall be .an integral part of and a necessary accommodation to an existing or contemplated Emergency Medical Services System expansion. · 'b. The amount of developer contribution credit to be' applied shall be determined according to the following standards of valuation: (1) The value of donated land shall be based upon a 'written appraisai of fair market value by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. (2) The cost of anticipated construction to the Emergency .Medical Services System shall be based upon professional opinions.of probable cost certified by a professional architect or engineer. (3) In the case of contributions of construction, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. "However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions to the Emergency Medical Services System identified in a contribution agreement between the Owner and the Board. Upon adjustment of the value of the developer's con- tribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more than seventy five percent (75%) bf the initial estimate of costs for contributions to the Emergency Medical Services System identified in the contribution agreement shall be actually applied or used in the calculation of available credit against Emergency Medical Services system Impact (4) The value of apparatus and equipment shall be based on the actual cost. (5) No credit whatsoever for lands, easements, construction or infrastructure otherwise required to'be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution. c. All construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be.in.conformity with the construction standards and' procedures of the County. Ail plans and specifications shall be approved'by the County Manager prior to commencement of construction. d. Prior to issuance of a Building Permit the Applicant shall submit to the County Manager a proposed plan and estimate of costs for contributions to the Emergency Medical Services System. The proposed plan and estimates.shall include: (1) A designation and description of the Emergency Medical services System Impact Construction.for which the proposed plan is being submitted; (2) A legal description of any land proposed to be donated and a written appraisal prepared in conformity with Subsection "b(1)" of this Section; (3) Initial professional opinions of probable construction costs for the proposed construction provided by a professional architect or engineer; (4) A proposed time schedule for completion of the proposed plan prepared by a professional architect or engineer; and (5) A list of the contemplated Emergency Medical Services System improvements, apparatus, or equipment sought to be donated. (6) A written statement of the actual cost for any equipment or apparatus sought to be donated. (7) A Twenty-Five Hundred Dollar ($2,500) pro- cessing, review and audit fee payable to the County. e. Upon favorable review of the proposed plan, the County Manager shall schedule a presentation before the Board at a regularly scheduled meeting or a special meeting called for the'purpose of reviewing the proposed plan and shall provide the.Applicant or Owner written notice of the time and place of the presentation. f. The Board shall authorize the County Attorney to prepare a contribution agreement with the Owner only if: (1) Such proposed plan is in conformity with contemplated improvements and additions to the Emergency Medical Services System; (2) Such Proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Emergency Medical ~:- Services System Impact Fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the Emergency Medical Services System; and (3) The proposed plan is consistent with the public interest; and (4) The proposed time schedule for completion of the plan is consistent with the most recently adopted five year capital improvement program for the Emergency Medical Services System. g. The processing, review and audit fee shall be returned to the Applicant if either the County Manager or the .% Board determines that the proposed plan is not acceptable. The processing, review and audit fee shall become non-refundable once the Board authorizes the County Attorney to prepare a contrib~tion agreement. h. Any contribution agreement shall at a minimum include and provide for: (1) Identification of the parties including a representation from the Owner(s) that he (they) is (are) the sole record owner(s) of the real property described in the contribution agreement. If requested by the County Attorney, the Applicant or Owner shall provide to the county Attorney, at no cost to the County, an attorney's opinion identifying the record owner(s), his (their) authority to enter into the contribution agreement and identify any lienholders having a lien or encumbrance on the .real property which is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record .owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. (2) A finding that the contributions contemplated by the agreement are consistent with the Comprehensive Plan. (3) A legal description of the Emergency Medical Services System Impact Construction lands subject to the -32- (4) The duration of the agreement, which shall not be for a period in excess of five years from the date of substantial completion of the approved plan of construc- tion or from the date of donation, but in no event shall the duration exceed seven years, exclusive of any mora- toria, from the date of recording in the Official Records. (5) A description of the contributions to the Emergency Medical Services Syst6m to.be made pursuant to the agreement. (6) An acknowledgment that the contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by the County. (7) An acknowledgment that the contribution agree- 'm$nt shall not be construed or characterized as a devel- opment agreement under the Florida Local Government Development Agreement Act. '' (8) Adoption of an approved time schedule for completion of the proposed improvements. (9) Determination of the amount of credit based upon 'the standard of valuation identified in Subsection "b" of this Section. (10) A requirement that the Owner keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of con- struction.or installation of the improveme~ts to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum o~ five years from the termination of the contribution agreement. (11) A requirement that the credit for impact fees identified in the contribution agreement shall run with the subject Emergency Medical Services System Impact Construction lands and shall be reduced by the entire amount of the Emergency Medical Services System Impact Fee due on the first Building Permit issued thereon and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. (12) That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors i~ interest to the parties to the contribution agreement. (13) An acknowledgment that the failure of the contribution agreement, to address anYpermit, condition, term, or restriction shall not relieve eith6r the Applicant or Owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. (14) Compliance with the risk management guidsli~es which may be established by the County's Risk Management Department from time to time, including but not' limited to insurance and indemnification language acceptable to the County .. (15) Annual review and audit of performance under the contribution agreement to.determine whether or not there has been demonstrated good faith compliance with the terms of the'contribution agreement and to report the credit applied toward payment of Emergency Medical .Services System Impact Fees and the balance of available and unused credit. If the Board finds, on the basis of substantial competent evidence, that there has been a failure'to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. (16) Modification or revocation of the contribution agreement as is necessary to comply With relevant State or Federal laws, if State or Federal laws are enacted after ti~e execution of the contribution agreement which are a~plicable to and preclude the parties' compliance with tae terms of the contribution agreement. (17) Amendment or cancellation by mutual consent of the parties, or by their successors in interest, to the Contribution agreement. i (18) Recording of the contribution agreement in the 0fficial Records within fourteen' (14} days after the County enters into the contribution agreement. (19) The ability.to file an action for injunctive relief in the Circuit Court of Collier County to enforce ~he terms of the contribution agreement, said remedy'being ~m~ulative with any and all other remedies available to ~he ,parties for enforcement of the agreement. 'ii~ In the event the amount of developer contribution pursuant to an approved plan of construction exceeds the total amount of Impact Fees possibly due from the Applicant based upon !the contemplated improvements to the Emergency Medical Serv cee System proposed by the Applicant, the contribution agreement shall provide for future reimbursement to the Applicant or Owner of the excess of such contribution credit . fromifuture receipts by the County of Emergency Medical Services.SYStem Impact Fees. Such agreement of reimbursement shall not be for a period in excess of five years from the date of r~cordtng the contribution agreement in the Official Records and ~hall provide for a forfeiture of any remaining reim- bursement balance at the end of such five-year period. ii. In the event the amount of developer contribution pursgant to an approved plan of construction or donati6n of landiexceeds the total amount of Impact Fee credits used on the benefiting .Emergency Medical Services System Impact Construc- tion!lands identified in a contribution agreement, the contribution agreement may provide for the reimbursement of up to o~e-half (1/2) the excess or remaining balance of. such contribution credit, provided funds are available and collected from future receipts by the County from Emergency Medical Services System Impact Fees collected during the fiscal year immediately following the fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, from the date of recording the contribution agreement in the Official Records, whichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available within the time frames described herein, the remaining balance of any impact fee credits shall be forfeited.. k. Any Applicant or Owner who submits a prsposed'plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the proposed plan is submitted the applicable Emergency Medical Services System Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not 'be construed' as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. Seot~on 3.08. Review Hearings a. An Applicant or Owner who is required to pay an Emergency Medical Services System Impact Fee pursuant to Section 2.01, shall have the right to request a review hearing. b. Such hearing shall be limited to the review of the following: (1) The application of the Emergency Medical Services System'Impact Fee pursuant to Section 2.01. (2) A denial of an Affordable Housing Exemp~ion or Authorization for Reimbursement pursuant to Section 3.05. (3) The failure to grant or the granting of an insufficient Alternative Emergency Medical Services System Impact Fee pursuant to Section 2.04. -36- ~'~ (4) The granting of insufficient credits for the t~!'~ donation of land apparatus or equipment or construction of improvements and/or additions pursuant to Section 3.07. c. Except as otherwise provided in this Ordinance, such ? hearing shall be requested by the Applicant or Owner within ~ . thirty (30) days, including Sundays and legal holidays, of the · date of first receipt of whichever of the following is appli- i'.' cable: ~ .(1) Receipt of a Notice of Impact Fee Statement; (2) The denial of an Impact Fee Exemption or Authorization for Reimbursement; (3) Receipt of a Vested Rights determination pursuant to Section 3.03; and ~.~ (4) The notification of the determination of any 73~.'. .... 'A~ternative Impact Fee. ~' Failure to request a hearing within the time provided · shall be deemed a waiver of such right. ,~ ~,.... d. 'The request for hearing shall be filed with the ~"~' Office of the County Manager and shall contain the following: (1) The name and address of the Applicant and Owner; (2) The legal description of the property in ~ question; (3) If issued, the date the Building Permit was' issued; .- (4) A brief description of the nature of the improvements on the property or the construction being undertaken pursuant to a Building Permit; (5) If paid, the date t~ergen¢~.Medical Services System Impact Fee was paid; and, ~ (6) A statement of the reasons why the Applicant or Owner.is requesting the hearing. e. Upon receipt of such request, the County Manager ~" shall schedule a hearing before the Boardat a regularly :i~ scheduled meeting or a special meeting called for the purpose -3?- of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. The hearing shall be held within thirty (30) days of the date the request for hearing was filed. f.' Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant to the request for the hearing. Formal rules of civil procedure and evidence shall' not.be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. g.. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Emergency Medical Services System Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed'as a waiver of'any review rights. h. An Applicant or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount approved upon completion of the review provided in this Section. Section 3.09. Roviev Requirement a. This Ordinance and the Impact Fee Study 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 i63.3177, Florida Statutes. Thereafter this Ordinance shall be reviewed at least annually. T~e initial and each annual review shall consider new estimates of populationand other socioeconomic data and changes in con- struction, land acquisition and related costs and adjustments to the assumptions., conclusions and findings set forth in the · study adopted by Section 1.04. The purpose of this review is -38- to ensure that the Emergency Medical Services System Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by Emergency Medical Services System Facilities Impact Construction. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and finding.s of the master plans adopted by reference in. Section 1.04, revises o~ changes the Emergency Medical Services System or alters orchanges the amount of Impact Fees, the study adopted by reference in Section 1.04 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such re%iews and Section 1.04 shall be amended to adopt by reference such updated studies.' b. In conjunction wi~h the annual review of the Impact Fee Study required in Subsection "a# of this Section, the Board shall review the capital improvements elements for the avail- ability and adequacy of revenue sources to construct improve- ments and additions to the Emergency Medical Services System determined in the Impact Fee Study to be required to accommodate.existing development. Section 3.10. Deol&ration of Exclusion from Administrative Procedures Nothing contained in this Ordinance shall be construed or interpreted to include the County or any municipality in the County in the definition of Agency contained in Section 120.52, Florida Statutes, or to otherwise subject the C~nty to the · application Of the Administrative Procedure Act, Chapter 120, Florida Statutes. This declaration of intent and excl~sion shall apply to all proceedings taken as a result of or pursuant to this Ordinance including, but not limited to, consideration of an.Alternative Emergency Medical Services System Impact Fee calculation under.Section 2.04, a determination of entitlement to an Impact Fee Exemption or Authorization for Reimbursement Il -39- --.. m l ~.'~'pursuant to Section 3.05, the proposed plan for a developer Contribution under Section 3.07, or a review hearing under Section 3.08. Section 3.11. Individual Calculation of Impact Fees. a.' In the event an Emergency Medical Services System Impact Construction involves a land use not contemplated under the Impact Fee Land Use Categories set forth in Appendix "B," or a use of land which is so unique that it should be con- sidered separat~ from the other Emergency Medical Services System Impac~ Construction.contained within the Land Use Category, the County Manager shall calculate appropriate Impact Fees based upon the impact of such Emergency Medical Services System Impact Construction on the County Emergency Medical Services .System. 'bt In the event Emergency Medical Services System Impact Co,struction involves a Mixed Uss Emergency Medical Services System Impact Construction, the County Manager shall calcuIate the Impact Fees based upon the number of Dwelling Units and/or square footage to be generated by each separate Impact Fee land use category included in the proposed Mixed Use Emergency Medical Services System Impact Construction. Section 3.12. Severability If any.clause, sectio~ or.provision of this Ordinance' shall be.declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effeGt and be valid as if such invalid .portion thereof had not been incorporated herein. In the event it ii held or construed by any court of competent jurisdiction that the County does not possess the power or authority to ~mpose the Emergency Medical Services System Impact Fee within any municipal areas or that the imposition of the Impact Fee within such areas is declared invalid or unconstitutional for any purpose, such declaration of unconstituti0nality or invalidity shall not affect the validity or constitutionality of the -40- imposition of the Emergency Medical Services System Impact Fee in the unincorporated area of the County and it is the intent of the County, in such event, that such imposition of Impact Feee in all other areas remain valid and in force. Seotion' 3.13. Effeotive Date A certified copy of this Ordinance shall he filed with the Department of State by the Clerk of the Board within ten (10) days after enactment by the Board and' shall take effect immediately upon receipt of the official acknowledgment from that office. DULY ADOPTED in regular session this Zr~ day of ATTEST: BO~.~D OF COUNTY CO~[ISSION~RS Jame~ C~ Giles, Clerk COLLTER COUNTY, FLORZDA ' ''to fo~ and De~is P. Ckonin Xssis~an~ Coun~ APPENDIX A AFFORDABLE HOUSING STANDARDS Th~ following shall qualify as Affordable Housing for the purpoeee of receiving an Affordable Housing Exemption and Affordable Housing Reimbursement: 1. A Dwelling Un'it which is offered for sale for a total amount not greater than: -. a. $36,000 for one bedroom Dwelling Unit. · b. $45,000 for'a two bedroom Dwelling Unit. · c. $52,250 for a three bedroom'Dwe11~ng~Unit. d. $60,000 for a four bedroom Dwelling Unit. 2. The Dwelling Unit which is offered for rent for a total monthly rental amount not greater than: a. $310 for a one bedroom Dwelling Unit. b. $390 for a two bedroom Dwelling Unit. c. $450 for a three bedroom'Dwelling Unit. '3. d. $520. for a four bedroom Dwelling Unit. " APPEHDIX B EHERGENCYHEDICAL 9ER¥ICE9 IHPACT FEE9 .~!:, (l) (2) (3) (4) · A~DULANCE IIELICOPT~R TSrAL ' CI1AROEABLE CI1AROEA~LE CllAROgADLE YEAR9 COST · COST COST IH · TOTAL LAHD USE PER YEAR 'PER YBAR PER YEAR TIME FRAHE IMPACT FEB Fmily $ 0.52 $ 0,00 $ O,B2 2?.5 $ 14.29/d~elllng unit [mliy' 0,06 O.O0 0.06 27.5 i.b-1 /dw~'lllng unit ~11~' IIome 0.~0 0.17 l,t5 27.5 31.62/dwelling unit /Hotel t,3~ 0,65 2,0'0 3i. {lume/Inotltutlon 3.55 0.50 4.06' $i.5 i27.04/l,OOO eq it grant Camp O.O0 O,O0 O,O0 31,5 O.O0 /1,000 eq ft al-~ · ltal 2.13 32.4~ 34,61 31,5 1,070,32/i,O00 eq it .Oiflce/Cltnlc 64.56 i37,6~ 204,~$ 3i,~ {i,500.00 /t,O00 Ice 7.~3 1,58 9.50 3i,5 2??,34/i,O00 eq it 2.69 1,51 4,17 31.5 132.07/i,O00 eq it ;RBmtaurant, Dar, Lounge ii.BO 4,07 i5.87 3i,5 500.04./i,000 ~Induetrlal, Banufacturlng 0,04 0,39 0,43 .3i.5 i3..42/1,000 eq it Lmlm~r~ Facilities i.71 2,00 4.5i 31.5 14i.93/1,000 eq it · i~stltutlon9 1,2i '0,15 1,36 3i,5 42,81 /i,O00 eq it ge 1.26 0,20 i,46 31.5 45,8? 'mlture. O.Ot 0,63 i.44 3i',5 45.30/I,O00 eq ft i~*'Actuat cost · $6,433.97. B.C.C. adopts a cap of $1,500.00 (not to exceed 150Z of the next highest category). 045. 222 IMPACT FEES FOR EMERGENCY MEDICAL SERVICES FOR COLLIER COUNT~, FLORIDA REVISED PER JULY ii, 1991 COLLIER COUNTY PLANNING COMMISSION PUBLIC HEARING ?.' TABLE OF COgTENTS ,~:,., Paoe .'i.'. Introduction and OYervlew .................... ! · ! "i, Standards, Prlnolpals, Data and Analyses .< ........... . ? .... 2. Formulas Used to Develop Emergency Medical Servic'~s Impact Fees .................. : . .... . . . 39 *~ 3. Calculation of Emergency Medical Services '" Impact Fees . . ,c~ ...................... 42 Appendix:A: Collier County EMS Impact Fee Emergency Response Primary and Secondary Area ............. SO ~) 1991 by Henderson, Young & Company. Henderson, Young & Company authorizes Collier County, Florida, to duplicate and distribute this study for all governmental purposes, but such right does not extend to the duplication of this study by any party for private financial gain. Henderson, Young & Company expressly reserves the right to bring action for copyright infringement against any one who appropriates this study or any of its contents therein for personal LIST OF TABLES TabLe 1-A~ Ambulance: Annual Emergency. Runs Direct .. '* '~ ~ to .Land Use .............. .... ...... t4 ~able l~Ht Helicopter: Annual Emergency Runs Direct to ~',-- Land Use ..... '. ................ t6 Table 2-A: Ambulance: Annual Traffic ~elate~ PtJns per. Land Use ................ · ......... t8 Table 2-H: Helicopter: Annual Traffic Retat~d Puns per ""~ Land Use ...................... t9 Table 3-A: A~bulance: Annual Emergency Runs per Land Use .... 2! Table 3-H: Helicopter: Annual Emergency Runs per Land Use 22 Table 4-A: Ambulance: Annual Emergency Runs per Dwelling Unit' & 1,000 Non-Residential Square F.eet ......... 24 Table 4-H: He'ilcopter: Annual Emergency Runs per Dwelling [Init ~ 1,O00 Non-Residential Square Feet ......... 25 Table S-A: Cost Per EMS Unit: Ambulance ............ 27 Table S-H~ Cost Per EMS Unlt~ Helicopter ............ 29 Table 6-A~ EMS Ambulance Operations Impact Fee Related Capital Expenditures ................ ~ SI. Table 6-H~ EMS Helicopter Operations Impact*Fee Related Capital Ekpendltures ................ 32 Table 7-A~ Ambulance~ Average Annual Impact Fee Related ~" Capital Expenditure per Dwelling Unit an~ :". 1.,000 Non-Residential Square Feet ......... 34 Table 7-H: Helicopter: Average Annual Impact Fee Related Capital Expenditure per Swelling Unit anO 1,000. Non-Residential Square Feet ' 36 ~ Table 8-A: Annual Ambulance Cost'per Run .. ........... 43 ?::,'~,: .Table 8-H~ Annual Helicopter Cost per Run ........... 43 Tabl& q-A: Annual Ambulance Cost per Dwelling Unit and [,~00, Non-Residential Square Feet . .. ..... ' . . '. 44 Table q-H~ Annual Helicopter Cost per Dwelling Unit and 1,000 Non-Residential Square Feet .......... qS T~ble.l~-A~ EMS Ambulance Costs Chargeable to Impact Fees · 47 Table 1d-H: EMS Helicopter. Costs Chargeable to Impact Fees . ~'8 ~!~i' ' Table 11 : Emergency Medical Services Impact Fees ....... ~ This study of*.,lmpact fees for emergency medical services In 'Collier County, Florida .presents the methodology that Is used to ':' develop the fees, sun~narlzes the data., that Is the bas~s for the fees, ~)~ ' and documents the calculation:of the fees. The methodology Is · designed to comply with:the requirements of court cases and ~tatutes the 8tare oE Florida. ~re are three elgnlflcant court casco that guide the 'development of Impact fees In Florida* : ~ ...~-- ~.~l-J.. r . 320 $o.2d 314 i~' ; 4th DCA L983); and T, j '~' ' ~ountv. 446 So.2d 140 (Fla 4th DC~ 1983). The Local ~overnment ~,i Comprehensive Planning and Land Bevelopment ~egulatlon hct .~,~ amended 1986) also touche~ on ~ome aspects of Impact fees. : :;',~'""'. The court cases and legislation provide direction In three broad areas ~f the development of Impact fees:* (1) who pays, and how much : "~the 'fair share" rules), (2) where and how the fee can be used (the 'nex~s of benefit' rule~), and (3) offsets agalnst.,~the fee (the ~credlts' rule~). .. 1 07-22-ol ..'? : ffi 045 226 : : The fsi~ehare rules provide that impact fees can be charged only i ~oc the portion of the cost of public capital ~acllltles that Is attributable to new growth. Impact .fees cannot be charged to pay for the cost of reducing or eliminating, deficiencies In existing facilities. W.ithln this broad rule, specific guidance is given In ii"!.'~everal .areas: tt Is permitted to distinguish among die,scent types ~.-'o~ growth In e~&bllshlng fee ~anounts {I.e., residential, cormercl~l, · ~tc.)l ~ee-payers should be able to pay a ~maller ~ee If they can demonstrate that their development will have less Impact than is presumed In the fee schedule; costs of facilities that will be used by new growth and existing users must be apportioned between the ~wo · ,.- groups In determining the amount and expenditure of the fee. The nexus of benefit rules require a reasonable connection (1) between the need for public capital facilities and the growth from the fee-paying development, and (2) between the expenditure of fee revenue 'and the benefits received by the fee-paying development. 'These two' .condltlone limit where and when impact fees can be collected and used. Where possible, there should be a geographical relationship, but there Is no specific limit on the distance between a fee-paying development and a public capital facility that IS bull't with the impact fees. Furthermore, 'the. fee revenue must be expended within a .reasonable period of time, but there Is no specific maximum limit that applies ~o all Impact fee expenditures. Explicit limitations on ' the .expenditure of fees must 'be adequate to guide government personnel, 2 07-22-91 .fee revenue must be earmarked for ~peciflc use~ related to the "'public capital facilities The credits rules allow a fee-payer to have an Impact fee reduced to refract ri) contributions cf land, cash, facilities, or other "assets that meet the same need as the fee, and (23 future payments of taxes that will be used for public capital facilities that respond 'to ':'~'~' the Impact of new development. The court Cases and legislation do not · ,. prohibit the government from establishing reasonable constraints .on determining.credits. "~n particular, the government should require. that the qu&ltty of a donated public facility should conform to ~ . adopted county standards for such facilities, or at least be ~';'c(~nparable to 'similar coUnty facilities. The government should also · require a r~tlonal nexus of benefit between a contribution and the fee-paying property which receives a credit. Finally, the amount of ?,.. any credit should not exceed the amount of the fee that. Is being ~.!Offset by the credit. Co]il'er County's Impact fees for emergency medical services are 'based on a standard for levels of service of a Countywide average ' response time of 6.3 minutes for emergency rs.ils. Thls level of service standard represents a consolidation of two different response ~ - tlmes~ an average response time for emergency runs of 6.0 minutes' In' -, the "primary' area of the County and an average reFponse time for emergency runs of 8.S minutes In the "secondary" area of' the CountY;- · , 3 07-22-9! The~lmpact fee calculations are baaed on the coat of am~ulancem, "~, major emergency support equipment, stations for ambulances, the ~':'~ellcopter, helicopter support equipment and hanger. Costs are calculated at 10'0~ of ambulance, ambulance 'equipment and ~tatl'on ~-constructlon, 50~ of land acquisition and appraisal costm for · ambulance stations, and 89.~ of helicopter, helicopter ~qulpment and hanger cost~. No coats'of operation or maintenance o.f ~MS ambulance~ or the helicopter are Included in theme Impact ~ credit Is calculated for future tax payments because new d~velopment Is paying taxes'which are being used to fund Impact fee '~ rel~te'd capital improvements needed by growth. .. There are three factors that determine the nexus of benefits for emergency medical cervices Impact ~ees: ¢1) residential versus .~ non-residential beneflts~ (2) municipal and unincorporated benefits, ~-:~.and (3) county-wide service area versus district service areas. ~. The emergency medical eervlce Impact fee. are to be charged ~ to ali private development In the County, Including ~ ~: residential, commercial and Indust~la! 'construction. .,. 2, ]~rgen. cy medical services are provided by Colllec County. to. " all property in the County, including the cities of Naples and ~verglades City and the unincorpora[ed az'aa, there:fore . .. ~he emergency medical eeFvlces Impact fees ~111 De cha~ge~ ~ [o all development In Col[le~ County ' 4 : 07-22-Ol ::~ 3. The emergency medlo&l se~vloem lmpaat fees a~e to be shagged uniformly in a single Countywide district. The County actively" uses policies of providing ambulance service outside assigned zones, and relocating units to "move up" .': ~.~':. positions to back up units on call and l'mprove response :~ times. These policies make the EHS service function as a single system~ and all properties benefit from Improvements to any part of the system. ~..'. The County has a responsibility to Identify and eliminate any :::'i deficiency of current service.compared t6 the standards of service for e~ergency medical service facilities, because there Is no ;:-~ Justification for charging new growth for a higher level of service .:..~," than ts provided to the current population. In a standards-driven ImPact fee, however, cost~ are not allocated among current : : deficiency, growth, and excess capacity because the fee amount Is. based on a standard, rathe~ than actual Improvements. As a result, Collier County will fulfill Its responsibility to eliminate any current deficiency by using the annual review of the Capital Improvements ~lement of Its Comprehensive Plan to compar, Its :st'andard of service to the current population, and to finance a i¢'~. :pro~'~m of improvements '~hat eliminate current deficiencies. Y :~.: 5 07-22-ql ~raanl2atlon of the The ~lret .ectJon of thl. report deecrlbe, the .ervice level '.tandards,'cost-benefit principles, and analyses of local data that .. form the foundation of the recon~ended Impact fee.. Section two provide, the formulae that are used to calculate the lmpac~ fees. The' third .ectlon pre.enl, the calculation, and resulting emergency medical services Impact ~eem for Collier County. 1. STANDARDS. PRINCIPLES. AND ANALYSES Calculation?of Impact fees Involves a variety of standards, cost-benefit principles, and analyses of local data. This section of the study A) establishes the responsibility of the County for " emergency medical service facilities, B) establishes the basis for rational nexus of benefits, C) compares improvements-driven impact fees to standards-driven fees, D) indicates the standard of service for emergency "medical services, E) establishes the relationship between new development and the Impact fees, F) describes the costs of emergency medical services facilities," G) describes credits for futura:tax payments, H) descrlbes the time frame, and I) the effect of impact fees on affordable housing. A. Re~oonslbllitv fbr l~neraencv Medical Servlce~ Collier County is the sole provider of emergency medical service transport In the County. The County Emergency Medical' Services and the Fire Districts Rescue unite provide ~mergency medical eervlces within Collier County. Both are dispatched by the Sheriff~s Department upon receipt of a ;call for~ emergency .assistance. If the Fire Rescue unit arrives on the scene first It will provide emergency medical asslstance.'untll the arrival of :the: Emergency Medical Services unit. Emergency medical services and transport Is then provided by the County EMS.: ~he County EMS department presently operates 8 EMS ground units from 7 stations, 24 hours per day. Emergency Medical Services also uses the County 7 07-22-~! helicopter to respond to emergency medical calls within the County. ne helicopter does not function solely as an emergency, medical · services response unit. .During calendar year 198q the helicopter ~;i. logged 626'flights of'which 561, or 89.6% !were emergency medical service flfghts. For the purpose of this study, 89.6% of the .helicopter costs will be used'in the Impact fee calculations. Non-emergency medical transportation services are also provided by the County, but such services are not Included In this Impact fee study. Based on a 10% sample of EMS runs tn 1989, t0.3% were p . non-emergency runs. Therefore the number'of ENS units responding.to ;,~ emergency' calls Is reduced by 10.3% in order to exclude the ;. non-emergency use of EMS units. There are three factors that determlnelthe nexus of bene(lts for emergency medical services Impact fees= fl) residential versus 'nOn-residential benefits, (2) municipal and unincorporated benefits, ,and (3) county-wide service area versus district service areas. I. Emergency medical services are provided by Coil let' County to all kinds of properties throughout: the County, regardless of the type .of use of the property, *therefore, the emergency medical service Impact fees are to be charged, to all private development In the County, Including residentFal, co,ertl'al and Industrial construction. , ' · 8 07-22-qt · 2. Emergency medical services are provided by Collier County to ~./ all property In the County, including the cities of Naples and Everglades City and the:unincorporated area, therefore the '. emergency medical services impact fees wll! be charged to al! development in Collier County~ Interlocal agreements between the County and each municipality will provide for procedures for the rifles to collect and remit emergency medical services Impact fees [o the County. 3. The emergency medical service Impact fees are to be charged uniformly in a single County-wide district. Individual EH$ · f~cllltles do not benefit:specific geographic service "zones" because they are frequently assigned to provide service outside ~:~,:: their official, zones. Based on a 10~ sample of emergency runs ~. tn 1989, 26~ of the runs were made by units outside of their ~:j, assigned zone. Furthermore, vhen an E~S unit :la on call, other. units are routinely: relocated to Intermediate "move up" : positions (away from their base station) tn order to Improve average response time for the larger area represented by their base zone and the base zone of the unit that Is on call. These policies make the E~$ ~ervice function as a slngle:~ystem, .and : all properties benefit from Improvements to any part of the system. : : O. ~mmrovements-Drlven versus Standard~-Drlven Imnact There are two approaches to ~eveloplng impact fee~ Improvements-driven or standards driven. [mprovements-Orlven impact fees are based on the cost per unit of demand of providing specific capital Improvements. Standards-driven !mpac:t fees are based '~n the cost of providing a standard (i.e. average) capacity of public facilities pe'r unit of demand.. , ImProvements-driven impact fees work best ·when individual public facilities can be allocated between current users and future users on the basis of objective data. It would be Impractical to use the'Improvements-driven approach for emergency medical service facilities because the Improvements are new units and stations which ~upport paramedics responding to calls for emergency assistance for both. current and new residents. Therefore,.lt Is not possible to allocate Individual emergency medical facilities between existing and new development. St&ndards-drlven ImPact fees work best when public facilities are provided to ali actual and'potential' beneficiaries on the basis of a uniform standard for levels of service. Collier County's Impact fee for EMS Is based on such a uniform standard, as described below', therefore the EMS Impact fee Is a standards-driven fee. D..Standard of SerVice Collier County's Impact fees for emergency medical services are based on a standard for level of service of a County~ide average real, ones time of 6.3 minutes for emergency runs. This level of service s~andard represents a consolidation ot two different response times: an average response time for emergency runs of 6.0 · minutes In the "primary" area of the County and an average response time for emergency runs of 8.5 minutes in ~he 'secondary' =rea of · the County (~ee map of primary area and secondary area in Appendix Al. · '~: The primary area Is def'ined as that Portion of ~he County. : designated :as Urban and Industrial within Urban on the County/s ~. Future Land Use Map, along with the Orangetree Settlement Area. All '~!' of the Urban:and Industrial within Urban areas (e.g. western Collier County, C~ty of Raples, Immoklalee, Marco Island, Port of the Islands, Copeland,.Everglades City, Plantation Island, Choko]skee) '. and the Orangetree Settlement Area are considered as an aggregate In ~ providing th& average ~esponse time of 6.0 minutes. The secondary area la defined as that portion of the County designated as Estates, Agriculture, Conservation, and Industrial within Agriculture areas, on the Future Land Use Map. As tn :the ~:, primary area, all of the land designated as ~states, AgricultUre, : ~; Conservation:, and Industrial wlthl:n Agriculture, is considered as an ~'i~ aggregate in:providing the average response time of 8,5 minutes. ,, : The response times are consolidated into .one Countywide response time because the County/s E~S back-up poll:cles make the EMS :..:., service function as a single system (see pFevlous discussion of. ~'~ rational nexus of benefit) and, therefore, Individual EMS unlt~ : tl 07-22-01 ~ Cannot be .~llocated to the primary and seconOary areas of the County. The County must maintain the standard for level of service for existing development tn order to be able to ~harge new development {OC the same standard, and to assure such development that z'~'mp~ct fees ace not used to pay for deficiencies In the aCtUal level of "service compared to the standard. A sample of [989 run reports a'nd a detailed analysis of results of that sample Indicate that In 198g" Collier County achieved a countywide average response time of 6.85 minutes (6.6 minutes In the primary area and 8.6 minutes in the secondary area). The County needs 0.7[89 additional units :to a~hleve the standard oK an average 6.3 minutes for emergency responses. .. : ~l~e Cougty/s Comp,ehenslve Plan· cent&Ins a flve-y~ar list of capital Improvements f~r emergency medical service, facl:lltles. The ~lve-yea~ l.'lst of Improvements will provide the nexus between'the: standards of service and the actual Improvements that are required to meet or exceed the standards. The County appropriated money In lt/s F~90 budget for one additional EMS unit. As a result, the County has eliminated the "deflc~lency~ between Its current facl:lltles and: those needed to maintain the level oK. service, therefor~ the County can require new deuelopm~nt to meet the same stand~rd of an average of ~.~ minutes for emergency response,. ' 12 n?-22-ot E. Growth and Emergency Medical Services The standard for level of service of an average of 6.3 minutes for emergency runs relates to the call I'oad of an EMS unit but It does not relate that call load to .the type of' development that Is served*by an EMS unit. In order to make that connection 1¢89 EMS run reports wa's reviewed and analyzed. Ambulance, A 10% random sample of all EM8 runs during 1989 were analyzed~ ~ach run. In the sample was' Identified accbrdlng to the type of land u~e to'which the run was made~ Of the 1,0~4 emergenc~ ~unbulance runs In the 10% sample, 870, or 7~.5%, were directly aemocl~ted with a ~ecl~lc land use much am a single f~llY home or a specific type of*retail emtabllehmenb. Table 1-A eh~m the ~lmtrlbutlon of the 870 rune.. (~roughou~ thlm mtudy Tables -"A" represent. "~u]ance" and Tablem -"H" repreeen.t "helicopter.) In column 4 the total annual emergency a~ulance runm to each land ume category 1~' calculated by multiplying 79.5% of the total 1~8~ emergency ~ulance runs by the Percent allocation from the mample (see column ~'~" Teble I-A ~, ' AMBULANCE ANNUAL EMERGENCY RUNS DIRECT TO LAND USES (1) (2) (3) 44) ANNUAL RUNS ~ii"; EMERGENCY % EMERGENCY RUNS DIRECT TO ,r~; · RUNS IN IIIF.~iTIFIABLE LAND USES LAND USE SAMPLE PER LAND USE (79.5% or 10,089) RF.~S I DENT I AL S I hill e F~m i I ¥ 290 33.3333% 3,353.0 · ~ Mu 1 t l-Faro i i y 221S 25.9770% 2,620.8 Mob i I e l~ome 46 5.2874~ 533.4 .~ ,,,, NO~I-RESIDENTIAL Hot e 1,/Mo te I 23 2.6437~ 2~. 7 · · ~ hut'sl ng flc~e/Inst I tut Ion 3~ 4.1379~ 417.5 · . " Misc. Re~/Mlgcant Camp I 0.1149% 11.6 Ho~pl tel 6 0.6897% 69.6 Medical Office/el lnlc 48 5.5172% 556.6 Office 63 "7.2414% 730.6 · Retali ?1 8.1609% 823.4 ' Reatauran t/Bar/Lounge 25 2.8736% 289.9 Indust r I a I, Menu fac tut Ing 3 O. 3448% 34.8 Leisure Fecl I I t les 17 1.9540% 197.1 Church $ 0.5747% 58.0 School/Col i ege 9 1.0545% 104.4 .~. ~ Agcl culture 1 O. 1149% 11 .~ 'TOTAL 8?0 1 O, 089.0 lcopteFe The 10~ random sample of 1089 EMS runs Included 50 emergency helicopter runs. A sample of $0 runs Is too small to be Cepresentat"tve of hell'copter responses to 116 different land use ': · categories, therefore 100~ of helicopter' responses were analyzed. Of the 249 total 1989 EMS emergency helicopter runs, 11 were not ,~,. Included In the analysis due to unreliable run location data. .Of r the remaining 238 runs, 164 ¢68.9~) can be directly linked to a " ~peclflc land use. Table I-H sho~s the result of the analysis of .',' the 164 runs. In column 4 the total annual emergency helicopter runs to each land use category Is calculated by multiplying 68.0~ of the total 1989 emergency helicopter runs by the percent allocation i.:. from th~ sample (see column 3). : : 15 07-22-o I ., :.~ 't : :. Table HELICOPTER ANNUAL EMERGENCY. RUNS DIRECT TO LAND USES '(1) (2) (3) ' (4) .. ANNUAL RUNS',. EM~GEN~ ' %~ERGEN~ RUNS 'DIRE~ TO RUN5 IN IDENTIFIABLE ~ND USES ~N~ USE 5AMPL~ PER LAND USE (68.9% or 172) Single F~IIF 34 20.7317~ 35.7 .B~/Instltutlon ~ 2 1,2195~ 2,1 ~Hedlcal Office/Clinic 41 25.0000~ ~3.0 '~?/.Offlce ~ 5 3.0488% 5.2 Reetaucant~c~nge I 0.6098~ 1.0' '~.In~stcJtl,Hanufactu~lng 4 2.4390~ 4.2 ~ucch ~ .0.0000~ 0.0 A~l~ttu~e 0.0000~ 0.0 ~AL 164 172,0 ~' r~maln, lng EMS ~m~rg~n=y runs were responses to traff'l= ~elated accidents a~ were allocated to ]an~ uses usinga ~lfferent ap~Toach. ~e numbe~ of t~{ps that a~e generated by eac~ lanO use 16 07-22-~1 category In Tables 2-A and 2-H, as reported In the 5th Edition of :J' · :'-:- - -_ by the Institute of Transportation Engineers {liE), was used to determine total . trips generated by each l:and use :category. In column 3 of each table all rates are divided by two to .: account for the trips each land use generates, while excluding the "return" trip. The percent o.f trips associated'with each 'land use category was calculated from the total trips in column 4. The percentag~-~ (column $~ were then used ~o ,llocate all the responses to tra{flc accidents ~nong ali the land use categories. I~ the 10~ rando~ s~mple of emergency ~nbulance runs 20.$~ were to traffic related emergencies, therefore In Table 2-A, 20.5~ of the total 1989 emergency ambulance runs (2,601) are allocated to the l&nd use categorle~ (column ~) based on trip generation rates, as : Table AIqHUAL TRAFFIC RELATED RUHS P~ ~D U~ (1) (2) (3) '(4) (5) ~IC' ~t~ ~ G~TI~ ~AL ~I~ ~I~ Single Fmily ~,~ 4.~ 1~,6~ 14.~$1 ~.4 ~ile ~ 10,~4 2.40 24,~ 2.~10~ 59.8 ~-~In~l~ *pe~ 1,000 ~ ft ~tel~tel/ ' 3,~,~ 4.~ 14,159 ' t.31K~ ~.2 · ~i~ ~lnKIt~tlffi 2,0~,013 .81 i,~ . ,254~ 4.0 ' " ~l~t ~ 4~,~ 2.~ 1,[~ ' .1104~ .2.9 ~ltal :.- - ~,~ 8.~ 5,~ .~ 14.2 0ffl~C1 lnlc i~,0~ 17.09 2,~ .244~ 6.4 0ffl~ i,~,~ 7.0i i0,~l i.021~ ~tall i2,0~,~4 45.~ ~1,105 51.~14~ 1,~.3 ~r~~n~ ~4,719 ~02.~ 64,1~ 5.~1~ l~.t I~rlal ,~f~turlng 5,~, 1~ 1.04 5,4~ .~ 13.2 ~11 itl~ i,~,~ 8.~ 16,2~ l.St00~ ~.3 ~. ~ -. 1,019,~ 4.K' 4,747 .441~ i 1.5 ~I~11~ 1,~,9~ 5.~ 9,~ .~ ~.3 '" 3,i10,~0 i8.04 ~,116 ' 5.21~ . i~.7. ~ 1,0~,~ .2,Ki .0 1 18 07-22-~1 He! lcopter, '',:: , Of the 238 emergency hel lcopter rune that. had location data, 74 ¢31.I~s) were traffic related. In Table 2-H 31.1~s of the total :' ~." :emergenc? hel lcop~er rune (~7) are al located to the lan~ uee categorlee (column 6) baeed on t~lp generation matee, as explained above, (1) (2) (3) (4) : (5) Tables 3-A and 3-H summarize the results of the EMS samples. and ~ubsequent Ambulance~ o.. The total annual emergency.ambulance runs In Table 3-A represent · 'a combination of the runs allocated among direct responses to land use categories (from' Table l-A) and' the allocation of traffic' related runs based on trip generation rates (from Table ,, ,. Table 3-A ~"' (1) (2) (3) (4) ~:~.' ~ ~S ~IC ~AL R~ID~IAL Single F~Ily 3,~.0 ~.4 3.~1.4 ~ltI-Fml ly 2;~.8 ~.2 2,9~.0 .. ~lle R~ ~.4 59.8 ~ .' ~tel~tel ~.? 34.2 . ~0.9 .- ,~,,. ~rslng ~lnstltutlm 417.5 4.0 421.5 Mi~ ~i~t ~ lt,6 2.9 14,5 ~ital 69,6 14,2 .. .- ~lcal Offl~llnic ~,6 6,4 ~,0 :~. - ~tall ~.4 I,~.3 · 2,1~.6 . ' ~taurant~n~ ~,9 i~. i 445,0 ; In~strlal ,~facturlng ~,8 13,2 48.0 ~':?' ~1 ~re Facl I I t I es i97,1 ' ~,3 ~, 4 ': ~u~ ~.0 11.5 / .. ~l/~lle~ 104,4 ~.3 127.7 :.' A~l~lture 11.6 ' 1~.7 147.3 ~A& 10,0~.0 2,~1.0 12,~,0 Hel lc°proc= .. "' ~e total annual emergency hellcopte~ runs In Table 3-H represent a c~lnatlon of the runs allocated =ong ~lrect responses to land - -: 07-22-01 .* use. Categot'les ¢~'om Table I-It) anci the allocation o~ traffic t'elated t'uns baged on trip genet'ation t'ates (ft'om Table 2-H). ~'" Table 3-H ":;" HELICOPTER ~; AIOIUAL ~CY I~UHS PER L~D USE (t) (2) (3) (4) ~tJ~IUAL ~ TRAFFIC TOTAL DIRECT TO ACCIDDITS ~IUAL RUNS ~ USES PER LAND US~ PER Single t"~lly 35.7 11.5 47.2 Bul t l-Frei I ! 16.8 10 .$ 27.3 I~lle Borne 2.1 1.8 3.9 HOH-RESIDffiTI~L .' Hotel/~otel 4.2 ! .0 5.2 Iiuml n9 ltme/lnmt I tut ion 2.1 . ! 2.2 " Him: Res~qlgrant C~p .. 0.0 l~lc&l Offlce/Cl lnlc 43.0 .2 45.2' ~'~ Office 5.2 .8 6.0 i~aurant/Bar/Loun~ l.O 4.6 5.6 " lndumtrlal ,l~nufacturlng 4.2 .4 4.6 ,~ Lelgure Facl i ltles 10.5 !.2 !1,7 School/Col l ege 0.0 ~7 .7 .. .. ~r:'i !:. Agriculture 0.0 4.0 4.0 ~, ,: 22 07-22-~t ; ! %n the~ next: set of tables the tuns for each tana use type converted to runm per c~weillng unit and 1,000 non-ee=lden~ial mquare ~eet. Ambulance~ · · ~' In Table' 4-A the total annual runs for each land use type from " Table '3-A are converted to ~n annual rate per c~elling unit square foot by dlvldl'~g the annual emergencY.runs by the'number .;." d~elllng'unltm or square footage of structures. .: 23 07-22-91 AMBULANCE , ANNUAL EMERGENCY I~IN$ PER DWELLIN$ UNIT : AND 1,000 NON-ItESIOENTIAL ~AItI~ (1) (2) : (~) (4) T~T~L "~' ~: ANNUAL itUff$ I1WELLING ANNUAL : PER ~I1~ OR EM~ ~ R~ID~IAL ~etaurant, ~r, ~n~ 445.0 ~4,719 0.71~ /I ,000 ~ ft' :: In~strlal, Manufacturing ~.0 5,~7,.t~ 0.00~/l,OOO ~ ft lcopter, In Table 4-H the tOtal annual runs for each land use type Table 3-H are converte~ to an annual rate per ~elllng unit or -' 24 0~_22_Ol ~at'e {oot;~ib¥ dividing the annual eme~'gency ~'uns by t;he numbe~' o~ ling unite or ~quare ~ootage o{ s~uc~ures. "~ Table 4-~ · A~AL ~ ~S P~ ~LI~ ~IT · :~, .' (1) .' (2) (3) (4) ~L .... R~ID~IAL . .... ~lngle F~II~ · 47.2 ~,~ 0.0014/~lllng unit ~'?~" ~ltl Fmlly ~.3 45,~ 0.0006/~lltng unit · ' ~lle ff~ 3.9 I0,~4 0.0004/~llln9 unit ~tel~tel 5.2 3,~,~' 0.0016/1,000 ~ ft ~Inetltutlm 2.2 2,0~,013 O.O01i/i,O00 ~ R ~l~t ~ 0.1 4~,~ ,' 0.0002/1,000 ~ ~t ;;~ltal . 45.5 ~,~ 0.0~1/l,O00 ~ ft .'. ~1~! O{flC~linic ~.2 i~,O~ .0.~4/1,000 ~ ft ~lal ~; ~ Of~lm .. 6.0 i,~,~ 0.00~/i,O00 ~ ft : ~tall 4i.5 i2,0~,~4 0.00~/i,O00 ~ ft ~r~t, ~, ~n~ 5.6 ~4,719 0.00~/1,000 ~ ft -':' In~strlal, ~u~actu~lng 4.6 5,~,I~ 0.0009/I,000 ~ R ~1~ ~aclllt~es il.7 .. 1,~,~ 0.006i/i,O00 ~ ft ' ~.,?.: I~ I tut I~ -;' .' ~u~ 0.3 1,019,~ 0.0003/i,O00 ~ ft .. ~l~ri~ 0.7 1,~,943 0.0004.'/1,000 ~ ft ~l~itu~ 4.0 3,1i0,~0 0.00i3/1,000 ~ ft -: ~ -- 249.0 I 0'45 250 25 07-22-91 .* The Impact fee cai'culatlons are based on the cost ambulances, major support equipment and stations for ambulances, the helicopter, helicopter support equipment and hanger. .~e~bul&nce: " Table 5-A lists the capital costs of providing* one EMS. ambulance, *Including the vehicle, major equipment and station. The ~c~.~ station cost reflects SO~ of land acquisition and appraisal costs -'~:.' because a Station site (1/2 acre) will allow for expansion .to ~,~ ..... ~ accOr~nodat'e a second ambulance, The building and design cost In ?able S-A reflects the cost of a 2,750 square foot station which w111 house one ambulance and crew, Table 5-A also shows the number of years of useful life of each co~ponent. ~he cost per year of !;'. each compoBent Is calculated by dividing Its' total cos~ by Its. ~::-~ u=eful 1. I re. 07-22-91 Table COST PER EMS UNIT: AMBULANCE (1) (2) (3) (4) AMBULANCg TOTAL USEFUL AMBULANCE COST COST PER LIFE'OF COST COMPONENT COMPONENT COMPONENT PER YEAR Ambulance. Purchase $71,641 12 ~5,970.08 Refurblah (2 9 $45~000 ea ) 90.000 12 ?.SO0.O0 Ambulance Sub-total 161,641 13,470.08 'Radios& Camunlcatlonm 5,100 5 1,020.00 Automatic BP Cuff 1,995 4 498.75 · 'Backboards (2) 400 2 200.00 Defibrillator 10,000 4 2,500.00 Fleld. Nltronox Unit 1,100 4 275.00 fl~re Traction Splints (2) 400 2 200.00 Heart/Lung Resuscitator 3,700 4 925.00 Meat Suits (2) 900 2 4~0.00 Portable Suction Unit 400 4 100.00. Portable Ventilator 1,145 5 229.00 Pulse Oxlmeter 3,500 4 8?5.00 Reeve Stretcher 200 . 2 100.00 Scoop Stretcher 325 5 65.00. Stair Chair Stretcher 440 5 88.00 Equipment Sub-Total 24,505 Ambulan6e S~atlon 199,100 '25 7,964.00 AMBULANCE TOTAL $390,346. $28,959.83 i~!i:, Helicopters Table 5-H lists the capital costs of providing one EMS helicopter, Including m~Jor:mupport equipment and the hanger. Table '.: 5-H also shows the number of years of useful I:lfe of each helicopter component and:the cost per year of each component.. The useful life of the: helicopter and mandated refurblshments is based on flight hours converted to years. The:EMS cost Is based on 89.6~ Of actual : costs In order to account for the portion of helicopter Operations ~'~' dedicated to emergency medical services. ?able 5-H COST P~ EMS ~IT: HELICOPT~ :. (1) (2) (3) .' (4). (5) HELICOPTI~ TOTAL USE~L ~L ~S ~ ~ ~ P~ LIFE OF ~ 89.6% OF "'-' H~]Ic~ter $~,000 15.0 S~,~.~ S~,74~.~7 ~ ." flan~t~ ~ef~rbl~nte ~d 13,451 t,3~.~ ~:,~' & 4th Sta~ ~eels 8.7 t,546.09 .. Ble~ Valve ~ ~0.00 ~7.~ :~ Clut~ .' 269.47 .; ?- ~1 lect lye Idler Link 9.6 ~. 15 ~.31 ~ ~ll~tive ~ver 8~ 9.2 ~4.~ 84.~ F~l ~8.~ ~.03 hel ~t~l .~0 3.6 %,2~.16 1,131.?~ ~:1 ~le ~00 3.6 28..47 259.37 .' ~tV.tt 82{. 044 9~.04 ~.81 :~' :' Hain ~tec ~b A~Iy 2t6 2.3 t,~.04 1,642,4~ Hain ~ter T~nni~ & Strap ~ 4.6 ~.t3 ~t.~ Hast .' 9~ 9.6 63t .tS 744.7t ~tentl~ Straps . 4 ~ 2.3 2,1~.OQ t,940.6t Strap Pins & ~t~ ~lts ' I 112 2.3 4~.48 4~.20 ~plate I !00 9.2 119.57. 107.13 ' i,514.t7 i,~6.69 ~..~. -' Tai/~ter ~ar~ .100 5.? 192.98 172.91 m ~. Tall ~ter ~ ~plex " .. ~aring ~ ~.? 16~.04 i46.q8 ail ~ter ~b ~ 4.8 120.~ 108.27 all ~ter Y~e 2,8~8 9.6 ~6.67 2~.81 ~anmi~i~ 9,~ ~.? 1 ,?~.~ 1,549.45 ~rbinek~ly 45.~ 2.8 f6.285.?1 14.S~.00 ~li~ter ~total i,l~,~ H0.,S~.~ 99,09?.05 ~l~nt,: 2.~41.~? .~.~3 ~eclal T~ls 24.~0 t . .:'; .- ~l~nt ~t~al ~,~0 2,~1,~ .. : >~ · ~ ~,000 ~.0 14,000,00 12,544.00 ~llc~te~ Total S1,~4,~ s127,~1.06 s114,285.~ m 045m25 No costs o( operation or maintenance o( ambulances, or the 'helIcoptec are lnctuded tn rheas Impact : ~, Credits (o~ Other Revenue Sources The Coun't¥ must give credit to new development (or'(uture ta~es or any ot~er monies that development will pay which will be used (or' expansion o( the County's emergency medical services. The only revenue sources that are required to be credited are those which are used for emergency medical services capital Improvements as a mat{er of County policy, thus an understanding of the County's policy Is necessary ~o determine what credits, If any, are required .to be 'given, ''~r ~e current County policy Is to use the General Fund (Including ' ~d valocem 'taxes) and the ! ~1ll Capital Revenue Fund (o~ emergency.' medical 'services capital ImProvements. '1'able (~-A'ldentlfles the County:s.ambulance operations Impact ~fee related 'capital expenditures (rom FY1986 through FYI090. The average annual capital expenditure (or ambulance operations Is allso calculated In Table 6-A.' 30 07-22-qt " · TABLE 6-A ,:,;' EMS AMBULANCE.OPERATIONS IMPACT FEE RE~ATED CAPITAL EXPENDITURES ~1986 - ~1990 ~ i..~. 1.986 ..Purchase Ambulance (2) st25,145 ,. C~unlcatlons EquiPment 2,300. Equipment 31,220 :i~i~. 1987' Purchase Ambulance (I) 49,425 , Con~unlcatlons Equipment 12,070 ~':' · Equipment 17,200' i':' .1988 Purchase Ambulance (2) 88,640. Refurbish Ambulance (2) 68,700 .: Con~nunlcatlons Equipment 7,630 Equipment' 34,100 ~... 1990 Purchase Ambulance (1) 67,260 · : Refurbish Ambulance (1) 4S,000 ~,' COmmunications Equipment .10,725 ;? Equipment 24.086 EldS S-Year Total sSSS.1S6 Average Annual Expenditure = s117,031.20 . Icopter~ . ... Table 6-H l~en~lfles the County's helicopter opera, iOns impact fee ~elated capital expenditures from FYi98? through FY1990. 'The' &ve~age annual capital expendl'tuFe for helicopter opecatl, ons Is al~o .. calculated In Table 6'H. The average annual expenditure for the helicopter Is calculated at 89.6A la order to account fo~ the 250 .., 31 n?-22-o! portion of. helicopter operations dedicated to emergency medical ,"Services. TABLE 6-H EMS HELICOPTER OPERATIONS IMPACT FEE RELATED CAPITAL EXPEND{~URES FYi987 - FY1990 · 1987 Mandated Refurblshments $ 28,768 Communications Equipment 1,950 1988 Mandated Refurblshments 28,470. : 1989 Mandated Refurblshments 71,444' : :1990 Mandated Refurblshments 119,542 Cormmnlcatlons Equipment 850 Helicopter 4-Year Total · $251,033 Average Annual Expenditure !89.6%) $56,231.39 ~he average annual ambulance capital expenditure of $117,031720 (fr~xn Table 6-A) and EMS helicopter expenditure of $56,231.30 can be credited to the type of development by using the taxable values }::"; ~uch properties In Collier County. : ~ . :. Amb~lancet In Table 7-h the average annual ambulance credt~ ts calcula%ed. The credit represents the general fund capital expenditure for impact fee related projects, converted to amounts per r~sldentlal 32 07-22-91 dwelling Unit and per 1,000 square ~eet o~ non-residential ;~'~..! development. The taxable values per land use are used to determine .... each land use share o~ the annual general ~und EMS ambulance impact '~ee related capital expenditure. The ann~al impact ~ee related · capital expenditure per dwelling unit 'and non-residential square foot l's calculate by multlplyi'ng the percent each land use is of ~he total taxable value ot structures In Collier County (column 2) times the $117',031,20 average annual capital expenditure (from Table !,, and then dividing the resulting portion per land use by the number ~... of dwelling units or non-residential square feet ~or that land use. · In column 5 the resulting expenditure ~or non-residential properties ~' la multiplied by 1,000 to represent the annual ambulance operations ;.- capital, expenditure per 1,000 square feet. of non.residential stFuctures. 33 07-22-gl ." TABLE ?-A :~'-, ..' AVERAGE ANNUAL I{~?ACT FEZ RE~TED ~ITAL ' P~ ~LI~O ~IT ~O l.O00 ~'R~ID~IAL ~AR} ' ;.~.' ' (1) (2) (3) (4) . : '~ / : . . ~' Single ~lly 42.~ t 49,4~.~ ~,~ ~ 1.47 ?:: ~ltl rmlly ~.0~ ~,~9.~ q5,~ l,il ~' ~lle ~ : 0.4~ ~.~ 10,~4 0.05 ~lng ~. ~el~el .... o,~ ~,81 3,~4,~ 0,31 :~1 ~al O.OO~ 3.16 6~,6~ 0.00 ~1~10ffi~ilnlc 0.0~ ~.~ 1~,0~ : .0.~ '~'~lal : / ~.Otfl. : 0.~1~ 1,0~.~ 1,~,~ 0.~ :' ' ~tall 5.I~ 6,0~.08 12,0~,~4 0.~ ': ~t~ ~r, ~n~ 0.~ ~.~ ~4,719 0.~ :: In.retrial, ~ufactu~lng 0.~ ~.~ 5,~7,1~ 0.12 . '~!~ F~llltle9 0.~ ~.~ 1,~,~ 0.51 ~': lnstltutl~9 : 0,000~ ,~ 1,018,~ 0.00 "'~: ~l~lt~ : 0,0~ 104.04 3,1i0,6~0 0.03 ~e c~edt~ pe~ ~elllng ~ni~ and 1,000 ~qua~e ~ee~ in Column 5 ~111 : be applied: to the emergency medical 8eFvlce9 ambulance Impact ~:j calculation9 at the end of thl~ study. 34 07-22-01 lcopter= In ?able 7-H the average annual helicopter credit Is calculated, using'the same.formulae as are used to calculate the annual EHS ambulance credit. The credit ~epresents the general fund capital expenditure for Impact fee related p'rojecte, converted to amounts' per residential dwelling unit and per 1,000 equate feet non-residential' development. The taxable va'lues per land use are used to determine each 'land use share of'the annual ~eneral' fund helicopter Impact fee related capital expenditure. The annual Impact fee related capital expenditure per c~elling unit and ~on-res~dentlal square foot la Calculated by multiplying the percent each land use la of the total taxable value of structures In Collier County (column 2) times the $56,23~.39 average annual capital expenditure ~from Table l-H), and then dividing the resulting portion per land use by the number of ~elilng units or ~on-resldentlal square feet for that land use. In column 5 the :~.~.te~ult~ng expenditure for non-residential properties Is multiplied by ~,000 to represent the annual EMS hel'l¢opter operations capita1 expenditure per.l,000 square feet of non-residential structures. 260 : P~ ~LLING ~IT AND t,O00 NOH-~ID~IAL S~A~E r~lly 43.0~ 24,~1,00 45,293 0.~ ~taur~t, hr~ ~n~ 0,4~ ~2.71 ' ~24,71q 0.42 ~he eme~ge~c~ ~dlcal. eegvlces the end of thl~ etu~y. develoPe~. ~o~e' c~edlt~ depen~ ,upon ~peclflc a~angemen~ between the County and a developer, and are calculated for each case at the time impact fees are to be paid. The annual run data ts extended to cover a 27.Syear time frame :for residential structures and a 31.5 .yeac time frame for non-residential structures. These time frames a~e:based on : guidelines for the economic life of these two classes of structures. ~.~. Impact fees should represent the cost of providing capital i'i'~ . · .facilities for the life of: the building paying the impact fee. ?he ~ ......s~ru'cture,: being the net consumer of the capital facilities, needs to pay for the capital demand for the faclllt'y for as long. as its ~ expected life. : ~. Affordable Houalna : : c:"~ A fundamental premise of Impact fees Is that growth should ..~.~ ,pay fo~ Its ~alr share of the public facilities that It needs. ~ne potential d~a~back to Impact fees paid by .residential development the potential pegatlve affect of:the fees on the affordablilty of .: housing. This concern has little lmpo~t for housing which Is of moderate or higheF price, Such houses will no~ be significantly a~fec[ed by Impact: fees because the impact fees recommended in this study ~ould be less than 1/lO:of 1~ of the cost of an average home. : Lo~: income housing, however, may be moFe directly affected. ~n¥ : given Impact fee will be a larger percentage of the cost of priced home, and ~he Inelasticity of Income of buyers of Iow cost ~' 37 07-22-q! ! ! housing may cause some to be priced out of the market If relief Is not provided. The impact fees for emergency medical services shoutd be subject to the same affordable housing policies which apply to the County's ImPact fees for Roads, Parks and Recreation, and 'Libraries.. The County's existing impact.fee ordinances exempt any residential construction which'qualifies as affordable housing and is funded in whole or in part'by money received pursuant to a direct gt'ant or subsidy from the 0.8. Department of Housing and Urban Development, or from any direct grant or subsidy program of ~the 8tats of Florida or Collier County created to assist In the construction of affordable housing. All other applicants for residential construction which Is sold or rented for an amount which ~uallfles as affordable housing are reimbursed by the County ~or the cost o~.the Impact fee. ,'~ ~8 07-22-91 · .i-' 045 263 2. FORMULAS USED TO DEVELOP EMERGEN~ MEDICAL S~R¥I~E IMPACT FEES Collier County's emergency medical services impact fees are calculated using a five s~ep process, each of which is based on formula. This section of the study describes each step and formula, beginning with ¢1) determination of the annual number .'of emergency ~runs to each:type of land use, {2) calculation of the' annual cost per emergency run, (3) calculation of the annual co, t for each type: of land use:, (4) adjustment for credits for future tax payments, and ending with (5) computation of specific Impact fee rates for various types of. lank use. In the following equations, formula "A" Is for a~id~ulance, and formula 'H' ts for helicopter. t. Determination of Emeroencv Runs to Tvoe~ of Land Use: Tables 3-A and 3-H, above, ~arlze the data from a s~ple of ~S run reports loc 1989. ~e sample was the basis for pcoJec:ttng. ahnual ~una to land uae types. ~e annual runs are divided by the nu~e~ of ~el'llng unit8 or the square footage of structure~ ~o de~emtne the nu~er o~ annual runs pe~ ~elllng unit or A. Annual ~ulance D.U.s Annual Ambulance , Runs to / o~ - Ru0~ pe~ .. Lahd Use Sq, Feet D.U.'or Sq. Feet; H. Annual Helicopter D.U.s Annual Helicopter ~ Run~ go / or ~ Run~ per ~¢~..~., Land Use Sq. Feet D.U. or Sq.. Feet 39 07-22-01 2 Calcula'i . Ion o~ Annual Co~t oar Ambulance and Hellconter The annual cost per emergency run is calculated by dividing the -'~'' annual cost of each type of EMS unit (e.g. ambulance and hellcopter~ byl the number of emergency runs per year that EMS unit can make while maintaining the standard average response tlme~, A. A~nual Cost / Annual Runs - Annual Cost per .per Ambulance pet" Ambulance Ambulance Run H. Annual Cost / Annual Runs = Annual Cost pet" per Helicopter per Helicopter Helicopter Run 3. ComoUtatlon o~ Annual Co~t oar Land Ume The annual cost per land use la computed by multiplying the annual ~uns to the land use (from formula 1) by the annual cost per ~un (from f~t"mula 2). An'nuai Ambulance Annual Coat Annual Ambulance Runs to x per Ambulance - Coat pet" Land Use Run Land Use Annual Hel lcoptet" Annual COst Annual Hel icoptet" Runs to x per. Hal tcopter - Cost pe~ ~and Use' Run Land Use 40 n?-22-oi ~:' 4, ~dluatment for Credlta ~or Future Tax Payments The emergency medlca! services annual cost per land use is recluced by the annual amount of credit per l~nd use to determine the net cost that' ts chargeable to Impact fees, ';;' ~. Annual AmbUlance Annual Ambulance Chargeable Lii:' Cost per - Credit per = Ambulance Cost. Land Ose Land Use per Year ;,..~ H. Annual Helicopter Annual Helicopter Chargeable Cost per. - Credit.per - Bellcopter Cost ~' Land Use Land Ose per Year 5. Comoutatlon o~ Soecl~lc Ymoac~ Feea The Impact ~ee ~o~ emergency medical ee~v. lce~ le c~pu~ed {o~ each land u~e hype by mulb[plylng ~he chargeable cost pe~ year by bhe n~e¢ ot years In the ~lme ~¢~e, .-. .A, ~a~geabi · Yea~a A~u I ante. ~ulance Cost x in = Zmpact pec Year Time Fr~e Fee ?' H. Charge~ble years Helicopter Helicopter cost x In = Impact per Year Time Frame Fee The formulas .described above are used In the next'section of .- the ~tu~y to calculate the emergency medical services Impact fees :';~'::' ~or' Collier County. 41 07-22-0! ·: Section 2 of this report presented the 5-step process that is :used to develop Collier County's emergency medical service impact fees. This section of the study contains ;tables that show the calculations and results of the s-step process ~ In calc~Jatlng the Impact fee Is to determine the average number of ambulance and hellco~te~ emergency runs per year to each type of land use Tables 3-A and 3-H above, summarize the results of a special study of EMS run reports, and I let the annual emergency runs for each land use type. In Tables 4-A and 4-H the annual an~ulance and helicopter emergency runs for each land use type Is.calculated. : ~te~ 2 In calculating the Impact fee computes the annual cost Per emergency run In two steps. First, the number of emergency runs per EMS unit Is calculated, based on a Countywide average response lime of 6.3 minutes. Then the. annual cost per EM8 unit is divided by:the annual emergency runs per EMS unit to determine the cost per . Ambulance, It has been determined that each ambulance can respond to an average annual call load of 1,626.4 emergency ru~.s a~d maintain.ah .. ::~ ~ : average response time of &.3 minutes. Table 8-~ sho~s the second step, dividing the annual cost per ambulance (from Table S-A) by the ..: 42 07-22-01 emergency run. : ANNUAL AMBULANCE COST PER PUN ' : (1) (2) (3). (4) ~'~[ ANNUAL COST ANNUAL ANNUAL ,~? EMS PER : EMERGENCY RUNS AMgULANCE '}. SERVICE AREA AMBULANCE PER AMBULANCE COST PER RUN COONTY-WIDE $28,959.83 1,626.4 $17.81 Hellcoptert i~!, I~ ham also been determined that the helicopter can respond to . '::.~. an ave,age annual call load of 229 emergency run~ and maintain the ~'::'" county-wide average, response time of ~.3 minutes for all EMS unlt~. :' In; Table 8-H the annual cost per helicopter (from Table · divided by the annual run~ per helicopter to determine the helicopter cost per emergency run. · : Table 8-N : ANNUAL HELICOPTER COST PER RUN: (I) (2) (3) (4) ,". ; : ANNUAL COST ANNUAL ANNtlAL ' '.' EMS , PER EMERGENCY RUNS HELICOPTER : ' " SERVICE AREA HELICOPTER PER HELICOPTER COST PER RUN '¥" COUI~rY-WIDE $114,285.75 22o .$4~.06 .... In calculating the Impact fee Is sho,,~n in "', . ;~e ~nnu~l nu~e~ o~ ~mbulance eme~genc~ runs ({rom Table ~ ~ltlplle~ b~ the annual ambulance cost pe~..~un (~om ~. t'o:det:e~mlne the annual ~ul~nce cost pe~ t~pe o~ I~nd uee, T~le ~A "' : ~ ~ AT 017.81 ., Slngle:F~lly 0.1115/~111ng unit O 1.~/~lllng unit ~' ~ltl F~Ily 0.0~/~lllng unit 1.17/~lllng unit ~.~;.':; ~lle ~ 0.0~6/~!1 lng unl t 1.03:/~11 l~g uaLt : ' ~tel~tel 0.0~/1,000 ~ R I.~/1,000 ~relng b/Iaetitutl~ 0.~51/1,000 ~ R 3.~/I,000 ~ ft HI~. R~l~ent ~ 0,0~/1,000 ~ ft 0.52/1,000 ~lcal ? ~lt4l O.ll~/1,000 ~ ft 2.13/1,000 ~':"' ~1~! Office/Clinic 3.~9/1~000 ~ ft .. ~.08/1,000 ~ ft :', ~rclai - Office 0.4~/I,000 ~ ft 8.~/1.000 ~tall · O,J~/l,O00 ~ ft 3,~9/~,000 ~ ft ~staurant, ~r, ~n~ 0,71~/1,ooo ~ ft 12.~ · : lnstltutl~e ~.. : ~h~l/~lle~ 0.0710/1,000 ~ ft 1.26/1,000 A~i~lture 0.04~/I,000 ~ ft 0.84/1,000 44 .,.,'~ ~ . ' ~ . ."~ : : lcoptez.~t · i'i:. The annual numbeu of helicopter emergencv run~ (from Table 4-H) '~' l~ multiplied by the annual hellcopt:eu cost per run (from Table '~:'~ to determine the annual helicopter comt ~e~ t:Tpe of I~nd ume.' 7... : Table ~H ~AL ~I~ ~ P~ ~LI~ ~IT · (1) (2) (3) ~AL ~AL ~ R~ID~I~ Slngle Fmll~ 0.0014/~lllng unit ~ :0.~/~111ng unit ~ltl F~lly 0.000~/~lllng unl~ 0.~/~lllng unit '. ~1 l e H~ 0.0004/~lllng unit 0.~/~ll I~ unit ~-R~IO~IAL . ~t~l~otel 0.0016/l,O00 ~ ft 0~/1,000 ~ it '- ~lng B~/In~tltutlon 0.0011/l,O00 ~ ft 0.~/I,000 ~ ft '.,~ : . ~i~. Re~l~t ~ 0.0002/1,000 ~ ft O.lO /1,000 ~ ft ~ ri ~ ~l~l : M~Ical Offlce~llnlc 0.~4/1,000 ~ fl 1~.~4/1,000 ~ ft ~rclal ' '::~. Office 0.00~/1,.000 ~ ft 1.~ XI,O00 ~ it brai1 : : 0.00~/~,000 ~ ft 1.~/1,000 ~ ft · :: Restaurant, ~r, ~n~ 0.00~/1,000 ~ ft 4.49/1,000 ~ ft In,atrial, Manufacturing 0.0009/1,000 ~ ft 0.45./I,000 ~ ft ~:'~'" ~l~re Facilities 0.0061 /1,000 ~ fi 3.04/1,000 ~ ft i~.~.: last I tut Ions · . : ~utch 0.0003/1,000 ~ ft 0.15/1,000 ~ ft ~l/~lle~: 0.0004/1,000 ~ ft 0.~ Z1;O00 ~ ft :~:'~. : ~l~lture: 0.0013/1,000 ~ ft 0.~/~,000 ~ ft : ' 45 07-22-o1 · :'.: . : : : '. '. : . . .~; Ste~ 4~ In calculating the Impact ~ee~ reduce~ ~he annual com~ per land use type by the amount of credit per land uae type In order to determine the ,chargeable coat per land use type. N~bulancez' In Table 10-~ the annual ambulance Coat per 1.and use type Cfcom ?able '9-~) is cecluced by the~credit (from Table ?-~).to determtne the ambulance'charge&hie coat Pe~ yea~. 46 07-22-01 : ,' (1) C2) (3) : C4) ~ltal 2.13/1,000 ~ it 0.00 2.13/1,000..~ Ink.rial, ~nu~acturlng 0.16/1,000 ~ it 0.12 0.04/1,000 : lnstltutlm9 : ~l~lture .' 0.~/l,000 ~ ft 0.03 0.81 /i,000 ~ it lcoptec z : In Table 10-H the ann~al hellcop~e~ cogk pe~ lan~ use ~ o~ Table 9-H) le ~e~uced b~ the c~e~i~ (f~om Tabl:e ~-H) ~o determine the helicopter chargeable coet pe~ 47 07-22-~t Elis COSTS CBAitGF. ABLll TO IMPACT FEES C1) ¢2) C3) (4) ~taurant, ~, ~n~ 4.49/i,O00 ~ ft 0.42 4.07/1,000 ~ ft ' I~trlal, ~nuf~turing 0.~/~,000 ~ ft 0.06 0.~/1,000 ~ ft ~1~ Facilities. 3.04/1,000 ~ ft 0.24 2.~/I,QO0 ~ ft lnstltutlme ~l~lture 0.~/i,O00 ~ ft 0.02 0.~/1,000 ~ ft In Ste~ ~ the Impact fees for emergency medical set'vices 'are' · calculated by multiplying the chargeable cost per ye&r for ambulance and hell~:opter ('from Tables IO-A and IO~H) by the' number of years In ~he' time frame, as discussed on page 37. 48 07-22-91 l~l~'l~lt~ K~ICA~ SEIWICE$ I~ACT (1) (2) (3) (4) (5) (6) ~BLE ~BLK C~BLE , ~AL R~I D~IAL Single F~lly : 0 0.52 ~ 0.00 0 0.52 ~.5 0 14.~/~lllngunit ~ltl F~Ily 0.06 0.00 0.06 ~.5 I.~/~lllng unit ~lle b 0.~ 0.17 1.15 ~.5 31.~/~lllng unl~ ~R~ID~IAL ~lng · : ~el~tel : 1.~ 0.~ 2.00 31.5 S2.~/!,000 ~ .~lng ~In~ltutl~ 3.~ 0.~ 4.06 31.5 1~.~/1,000 ~ HI~. MI~ ~ : 0.00 0.00 0.00 31.5 : 0.00/1,000 ~ ft ':' ~ {bitll:'~ 2.13 ~.49 ~.Sl 31.5 !,0~.~ ~l,O00 ~ ~fl~l~lc ~.~ 1~.~ ~4.~ 31.5 sl,~O.O0/l,O00 ~ ~. Offl~ 7.~ I.~ 9.~ 31.5 : ~.~:/1.000 ~ ?:. btall.' 2.69 1.51 4.19 31.5 : 1~.09/1,000 ~ ~.~nt, ~ ~ 11.~ 4.07 15.87 31.5 ~0.04/1,000 ~ ft' ~;I~clal, ~f~turlng 0.04 0.~ 0.~ 31.5 19.42/1.000 ~ ft bl~ ~llltl~ 1.71 2.~ 4.51: 31.5 141.~/1,000 ~ '~ 1.21 oas I.~ 31.5 42.el,/t,ooo ~ ~l~lle~ l.~ 0.~ 1.~ :31.6 45.~/1,000 ~ ~l~It~ 0.81 0.~ 1.44 31.5 45.~/t.ooo ~ Et . ~tull ~ t ~.~.~. ~itant ~n~ a c~ 0f ~1,~0,00 (not t0 exce~ 1~ of the next ht~.t ~t~). ~e eme~genc~ medical segvlce5 impact fees Ill,ed In ~able age to be che~ge~ to 411 ne~ private developmen~ In the Including residential, co~erclaJ ~nd Industrial construction. : APPENDIX A COLLIER COUNTY EMS IMPACT FEE .EMERGENCY RESPONSE PRIMARY AND SECONDARY AREA '"-The following map shows the approximate boundaries of the '. Collier County EMS emergency response primary and secondary area. The primary area I~ defined a~ that portion of the County ~ , designated as Urban and Industrial within Urban on the County's Future Land Use Map, alOng'with the Orange[rea Settlement Area. All :('.. o~ the Urban and Industrial within Urban areas (e.g. western Collier County, City of Naples, Immoklalee, Marco island, Port Of the '" Islands~ Copeland, Everglades City, Plantation` Island, 'Chokolskee) and the Orangetree Settlement Area are considered as an.aggregate In .~. calculating, the average response time of 6.0 minutes within 'the "' ' primary area. The secondary area Is defined as that portion of the County ~'"'deslgnated as Estates, AgriCulture, Conservation, and Industrial ':' within Agriculture areas on the Future Land bsa Map. As In the 'primary are~, all of the land designated as Estates, Agriculture, ~ .Conservation, and Industrial within Agriculture Is considered as en : 'aggregate In calculating the average response time of 8.5 mlnute~ :~}.,::: within the secondary area. 50 07-22-e1 OF COLLIER ) '" ;.~.. I, JAMES C. GILES, Clerk/of Courts tn and for the. TWentieth Jud'lcial C~cuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 91-71 which ~as.adopted by the Board of County Commissioners on the ?th day of August, 1991, during Special Session. WITNESS my hand and the official seal. of the Board.of County Comml'eeloners of Collier County, Florida, this 13th day of August, 1991. :A~ES C, GILES .... *'.~ ~,.. Clerk of Cou~ts and Cler~*j.. ... Ex-officio to .Board of '?..' '. ~/. County Commissioners . ~: . ~ · .. ~ ~ ~ Deputy Clerk ~ J