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Ordinance 90-014 ORDINANCE NO. 90- [4 ~[~.. ~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE.-': "~ NO. 85-55, AS ~ENDED, BY AMENDING SECTION THREE, ":' INCIDENCE OF ROAD IMPACT FEES, BY REQUIRING ~ '.PAYMENT OF ROAD IMPACT FEES FOR PROPOSED '" . CONSTRUCTION WITHIN MUNICIPALITIES AND ~ ~" PROVIDING FOR COLLECTIONS WITHIN MUNICIPALITIES; .~ ,~ ,,AMENDING SECTION FOUR, COMPUTATION OF AMOUNT OF L~ ]~:FEES, BY INCREASING THE ROAD IMPACT FEES AND - -:LREVISIHG THE LANE-MILES; AMENDING SECTION FIVE, 'PAYMENT OF FEE; AMENDING SECTION SIX, USE OF FUNDS, I~Y I~I,:VI:;IN(~ TIlE I~AI~MARKiNG DX:;TI~XCTS; AMENDZNG SECTION SEVEN, REFUND OF FEES PAID, BY PROVIDING A REFUND PROVISION; AMENDING SECTION EIGHT, DEFINITIONS AND RULES OF CONSTRUCTION, BY ADDING DEFINITIONS; ADDING AN AFFORDABLE IIOUSING SECTION; ADDING A REVIEW HEARING SECTION; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the rapid rate of new development in Collier County requires a substantial increase In tho capacity of the road within the county; and WHERe%S, the Board of County Commissioners of Collier County has determined that new development should contribute its fair share of the cost for providing new capacity to the road system; and WHEREAS, a road impact fee that contributes this fair share would implement and be consistent with the obJectivms of the transportation element of the Collier County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Section Three of Collier County Ordinance No. 85-55 Section Three of Collier County Ordinance No. 85-55 is hereby amended to read as follows: SECTION THREE: INCIDENCE OF ROAD IMPACT FEES. A. Any person or governmenta! body who, after the effective date of this ordinance, shall co~nence any new land development activity that generates additional traffic, shall be required to pay road impact fees in the manner and amount set forth in this ordinance. Words s%~e~-~h~o~gh are deleted; words l~ld~rlinod are added. B. Land development activity will be deemed to generate additional traffic if the result of the activity is to permit a use of the land which will generate more vehicular traffic than the then-existing use of the land. For purposes of this ordinance, any use for which more off-street parking spaces are required under ~ 8.23 of the Zoning Ordinance of Collier County than are required for the then-existing use shall be presumed to generate additional traffic. C. If road impact fees have already been paid for a particular development at an earlier stage of the land development process, and the nature of the development has not changed in a manner that would generate additional traffic, the commencement of later stages of the development activity shall not require payment of additional fees. D. A developer who, prior to the effective date of this ordinance, agreed as a condition of development approval to pay such fees shall be responsible for the payment of the fees under the terms of this ordinance. This paragraph shall be applicable to, without limitation, the developments permitted under Ordinances 84-6, 84-11, 84-21, 84-42, 84-51, 84-53, 84-72, 84-73, 84-90, 85-15 and 85-17. E. No rezoning, provisional use, site development plan, sui,division approval, building permit cr certificate of occupancy shall become final until any applicable road impact fees have been paid or an agreement for pay~ent of such fees has boon approved by ~he Board of County Comml~skQ/l~ the county manager or his designee pursuant to Section Five of this ordinance. F. No map or plat of subdivision requiring approval by the Ilonrd of County Commisnionors ~hall bo deemed to provide adequate and safe access within the meaning of S336.05(2), Fla. Stat. until any applicable road impact fees have been 2 Words st~R-thrs~gh are deleted; words underlined ars added. paid or an agreement for payment of such fees has been approved by the Board of Countv Commissioners. the county manager or his designee pursuant to Section Five of this ordinance. G. This ordinance shall not apply to any farm operation as defined in the Florida Right to Farm Act, ~823.14(3) (b), Fla. Stat. H. Any. qovernment buildinqs owned by the State Government, Federal Government. Cou~ltv or other qovernmental bodies are exempt from this ordinance. ~, If the project, deve~opmeDt, subdivision, or prooosed construction is located within a municipality, the Road Impact fee shall be paid as follows: 1. If the municipality has entered into ~d~ interlooal agreement with the County providin~ for the collection of the Road Impact Fees. such impact fees sba%l be paid and collected in accordaqce wi~th__~ prQvisioDs of ~b~ interlocal a~reoment. 2. If the municipality has not entered into an Ju~gflocal agreement with the County providin~ for the ~_q~leet~o~ o~ the Road Impact Fee, such impact fees ~ball b~ pa~d d~yec~y to the County, SECTION TWO: Amendments to Section Four of Collier County Ordinance No. 85-55 Section Four of Collier County Ordinance No. 85-55 is hereby amended to read as follows: SECTION FOUR: COMPUTATION OF AMOUNT OF FEES. A. The fees shall be based on the assumption that the property will be developed in the manner that will generate the maximum traffic permitted under applicable laws, ordinances, regulations and permits, except to the extent that the feepayer demonstrates that binding ~es~½~ns ~qlu~ogQo runntn~/ with the land further limit potential d~velopment. 3 Words s~ruck-~hr~u~h are deleted; words M/l~rlined are added. 18' B. At the option of the feepayer, the amount of the feel may be determined by the following fee ech~dulm if the type of land development being commenced is one of those types listed on the schedule. If the development is not of a type listed, or in any event if the feepayer so chooses, the amount of the feen may be determined by the use of a traffic impact statement. s%a~emem%e= 11[ the development includes fractional units, the fees shall be computed to the appropriate fraction. DEVELOPMENT TYPE UNIT LANE-MILES IMPACT FEES Single-Fa~ily dw~?-~m½~ DU 8=885988~ 0.005908 $~?~5 $ 819.00 Multi-Family dwg?-~n~ DU 8=88~84~ 0.003105 ~}66=98 $ 430.00 Mobile Home ~wg~-~½~ DU 8=88~8989 0.003099 ~66=6~ $ 43Q,QQ Transient: Hotel/Motel ~m RM 8~856~9 0.005612 $~8~84 $ 778.00 Timeshare ~wg=-un~ DU 8=8884}~9 0.008418 $45~v~5 $1.167.00 General Office ~1000 sq.ft.~ e~88~948 0.0D2194 ~86,99 ~ 997.0Q Shopping Ce~t.r~I000 sq.ft.~ 878~4449~ Q,034447 $~78~9~ ~2.763,00 Warehouse ~1000 sq.ft.~ 8v88~9~9 0.003].34 Industrial/Mfg.~R1000 sq.ft.~ 8v88~985 0,003399 $--}$~v76 $ 471.00 Medical Office ~1000 sq.ft.~ 8v8~986,8 9_~Q_4_~_8_6~ commercial ~1000 sq.ft.~ 8v8~68448 0.036~47 $~T9~745 $3,81§.00 Travel Trailer spa=e DU 8v88Z6}58 0.00261~ $--}~8764 $ 362.00 Convenience Store ~M1000 sq.ft.} 8v888~BS~ 0.073~29 $4T7%5745 $3.323.00 Excavatio~ opera,ions: Ragu%res submittal of Traffic Impact Statement C. If the fees are to be compu=ed by the use of a traffic impact statement, the county manager or his des~gne~ shall use the fees applicable to the most nearly comparable type of la~d development on the schedule in Paragraph adjusted as follows: 1. If the county manager or his designee finds on the basis of generally recognized principals of traffic engineering that the lane-miles of traffic per unit to be generated by the development is likely to be substantially different than shown in the schedule in Paragraph B, the amount of fee shall be varied 4 Words s~ru~R-~hr~ugh are deleted; words U/l~erling~ are added. ~Se~85~-o~-~he-~ee-shewn-&n-~he-s=he~½e in proper=ion to the extent to which the lane-miles per unit projected for the proposed development varies from the lane-miles per unit shown for the most nearly comparable development in the schedule. 2. If the county manager or his designee finds on the basis of generally recognized principles of traffic engineering that more than three percent (3%) of the vehicle lane miles of traffic to ba generated by the proposed development will be on roads the capacity of which will not require expansion during the next twenty (20) years, assuming that all of the surrounding area develops in the manner permitted and contemplated by the Comprehensive Plan of Collier County, the amount of the fee may be reduced by ene-h~ndre~-e&gh~y-~&~hs-~88~85~ o~ that shown in the schedule in Paragraph B, in proportion to which all vehicle lane-miles to be traveled on such roads bears to the vehicle lane-miles to be generated by the proposed development. For the purposes of this paragraph, a road will require expansion when it reaches, during the first quarter of a calendar year, Level of Service D as herein defined. D. If the county manager or his designee determines that the trip generation or distribution characteristics of the proposed development will be substantially less than the maximum that would otherwise be presumed pursuant to Paragraph A of this section, such determination shall be based on adequate assurances, binding on the developer and future owners of the property, that the development will actually occur in the manner proposed. Such assurances may take the form of approved building plans, deed restrictions, or other commitments that effectively bind the developer and future owners. 5 Words st=uck-~h~eugh are deleted; words underlined are added. E. When a traffic impact statement is to be used by the county manager or his designee to assist the making of the determination required under Paragraph C, the feepayer shall submit the proposed traffic impact statement to the county manager or his designee as defined in this ordinance. If the statement is prepared in connection with a request for discretionary action by the Board of County commissioners, the statement shall bu submitted by the county manager or his designee to the Board for its review at the time it considers the action to be taken. F. If a development was granted a development order for a development of regional impact prior to the effective dat~ of this ordinance, and if such order required the developer to construct road improvements (or make contributions therefor) that would now be eligible for credit against the impact fee under Section Five C of this ordinance, the traffic impact statement for the development shall credit the cost of such improvements or contributions against the fee that would otherwise b,~ required. If the traffic impact statement covers less than the entire development, credit shall be given for a pro rata share of such improvements or contributions. E[nal approval of the road impact fee credit shall be subJ~'t to Board of CQurl~ Commissioners' action unless alternate srov.~ions are ~yailable as set forth in this ordinance. G. The county manager shall cause this ordinance to be reviewed two years from the date of its enactment, and every two years thereafter, and on the basis of the review shall recommend to the Board of County Commissioners any changes to the ordinance as may be appropriate. SECTION THREE: Amendments to Section Five of Collier Count}, Ordinance No. 85-55 Section Five of Collier County Ordinance No. 85-55 is hereby amended to read as follows: 6 Words st~ek-~hre~gh are deleted; words l~l~rline~ are added. 21 SECTION FIVE: PAYMENT OF FEE. A. The feepayer shall pay the fee to the county manager or his designee prior to issuance of any permit or approval required for the development and prior to any actual develop~.~nt act:vity, except as hereinafter provided. B. In lieu of payment as required in Paragraph A, the feepayer may enter into a fee agreement with the Board of County Commissior~ers. the county manager or his designee providing for payment of the fee at a time to be specified in the agreement, but no later than the time of the issuance of a building permit for the development or particular phase thereof, and providing for adequate security to ensure the county that the fee will be paid. Adequate security shall consist of a submittal that meets the security requirements for construction of post-recording subdivision improvements as set forth in Article iX, S 6D of the Coil[er County Subdivision Regulations for the Coastal Area Planning District. I~ the property is to bs built out at less than the maximum permitted, and if the agreement so stipulates and is recorded in a manner that insures it will run with the land, the amount of the fee may be limited to the amount required by the proposed buildout. Every agreement shall pr0v!d, for nm~ual adJu,tm, nt of th. unpaid portion of the fee at a rate approximately equal to the rate of inflation in road construction costs. The county manager or Ills designee is authorized to enter into such an agreement upon a finding by the Board of County Commissioners that (a) adequate security has been provided herein as required by this section, and (b) delay in receipt of the fee will not prevent the construction of capital improvements for roads needed to provide service at Level of Service D to the proposed developmemt at the time of its initial occupancy. 7 Words s~uck-~h=e~gh are deleted; words Mnderlined are added. C. In lieu of all or part of the road impact fee, the county manager or his designee may accept the offer by a developer to construct part of a road improvement project (other than a site-related improvement) shown in the Comprehensive Plan or roads approprie, te to the implementation thereof. Such construction must be in addition to the site-related improvements otherwise required. The developer shall submit a cost estimate certified by a registered engineer to the county manager or hi:~ designee, who shall crodit the cost of tho construction against the road impac~ fee otherwise due. The portion of the fee represented by the road construction shall be deemed paid when the construction is completed and accepted by the county for maintenance or when adequate security for the completion of the construction has been provided as required under Paragraph B. D. If the Board of County Commissioners finds at the time of issuance of any permit or approval required for the development other than a building permit (1) that the developer will not be constructing road improvements eligible for credit pursuant to Paragraph C; and (2) that the nature and timing of the proposed development is sufficiently indefinite that the efficient administration of the ordinance would be enhanced by deferral of payment of the fee, the Board may authorize deferral of payment of the fee until, but no later than, issuance of building permits. SECTION FOUR: Amendments to Section Six of Collier County Ordinance No. 85-55 Section Six of Collier County Ordinance No. 85-55 is hereby amended to read as follows: SECTION SIX: USE OF FUNDS. A. All funds collected from road impact fees and all interest accrued on such funds shall be uu~d solely for the purpose of capital improvements for roads under the 8 Words st=u=k-~h=o~gh are deleted; words underlined are added. Jurisdiction of Collier County or it~ incorporated municipalities or the State of Florida, and not for maintenance or operations. B. All funds shall be used exclusively for capital improvements for roads within the earmarking district from which the fees were collected. For purposes of this ordinance, the earmarking districts, as amended, shall bm those shown on the map attached hereto as Appendix AR and made a part hereof. Funds may be used outside the earmarking district only if tho project upon which the funds are expended is of direct benefit to the development against which the fees were assessed. SECTION FIVE: Amendments to Section Seven of Collier County Ordinancs No. 85-55 Section Seven of Collier County Ordinance No. 85-55 is hereby amended to read as follows: SECTION SEVEN: REFUND OF FEES PAID. A. Any funds not expended or encumbered by the end of the calendar quarter immediately foll.Dwing six (6) years from the date on which the certificate of occupancy for the development was issued shall be returned to the feepayer with interest at the rate of six per cent (6%) per annum. B. The Board of County Commissioners may by resolution extend for up to three years the date at which the funds must be refunded. Such an extension shall be made upon a finding that within such three year period certain capital improvements are planned to be constructed in the earmarking district that will be of direct benefit to the development against which fees wore assess0d. C. The countv maoaqer or his ~esiqnee is authorized tn is a buildinn permit issuance, the bulldinq Permit has expired, no work has been perfo¥~gd ul3der the buildipq permit, no work will be performed until the building Permit 9 Words s~=u~k-~h=e~gh are deleted; words .~{nderligg~ are added. process is reinstituted, and payment of impact fees shall be a reouirement of subsequent building permit processes. The application for refund shall bo filod ~lth tho Countv ManaGer or his designee and contain the foll_Q_winG: 1. The name and address of the Applicant. the Building Permit. 3. The date t~e Road Impact Fee was Paid. 4. A copy O~ the rec~ip~ O~ P~Y~n~ for the Road ImD~g~ Fee. The date the Building Permi~ was issggd a~d the date of expiration. SECTION SIX: Amendments t6 Section Eight of Collier County Ordinanc~ No. 05-55 Section Eight of Collier County Ordinance No. 85-55 is hereby amended to read as follows: SECTION EIGHT: DEFINITIONS AND RULES OF CONSTRUCTION. A. A "Capit~l Improvement" includos transportation planning and the right-of-way acquisition, engineering and construction of any project eligible for inclusion as a road project in a construction plan under ~334.~1, Fla. Stat., but does not include routine or periodic maintenance as defined in ~334.03(18) or (13), Fla. Stat. B. "Affordable Housing" shall mean a dwelling uni~ which is offered for sale or rent f~r an amount which is within the standards set ~orth and established in APPendix A of this ordinance_~ C. "Applicant" shall mean the Person who applies for a Building Permit. B ~. The "Commencement of land development activity" occurs upon any of the following events: 1. the grant by the Board of County Commissioners of a rezone or other zoning amendment at the request of the property owner or the agent of the owner; 10 Words strucR-th=ough are deleted; words ~nderlined are added. 2. thu issuance by the Beper~men~ ManaGer of the Planning Services Section of any site development plan approval; 3. the approval by the Board of County Commissioners of any subdivision master plan or preliminary or final plat of subdivision; 4. the issuance of any permit to authorize building or construction of any kind on the property; 5. the issuance of an occupancy certificate in regard to any structure on the property, but not including any occupancy certificate for a structure for which a completed building permit application was filed with the County Bu~d~ng-Be~ar~men~ ~stomer Services Offiq¢ prior to October 1, 1985; or 6. the commencement of any building activity or the making of any material change in the use or appearance of any structure of land. e ~. The "Expansion" of the capacity of a road includes any widening, intersection improvement, signalization or other capital improvement designed to increase the road's capacity. B E. A "Feepayer" is a person commencing land development activity covered by this Ordinance. ~ ~. The "Floor Area" of a building shall have the same meaning as in §8.17 of the Zoning Ordinance of Collier County. P ~. The "Generation" of traffic shall include both the production and attraction of traffic. G ~. "Land" shall have the same meaning set forth in Section ~380.031(7), Fla. Stat. H ~. "Level of Service D" shall have the same meaning as set forth in the Highway Research Board's 1965 Highway Capacity Manual as follows: ll Words sb~uck-th~eu~h are deleted; words U]]t~erline~ are added. Level of Service D approaches unstable flow, with tolerable operating speeds being maintained though considerably affected by changes in operating conditions. Fluctuations in volume and temporary restrictions to flow may cause substantial drops in operating speeds. Drivers have little freedom to maneuver, and comfort and convenience are low, but conditions can be tolerated for short periods of time. ~ ~. A "multi-family" residence is a single dwelling unit within a building containing two or more dwelling units. 8 ~. "Road" shall have the same meaning as ~et forth in Section S334.03(17), Fla. Stat. K ~. A "Shopping Center" is a development containing more than 100,000 square feet of floor area, the majority of which is used for retail-commercial purposes. B ~. A "single-family" residence is a detached dwelling unit used for single family residential purposes. M Q. "Site-related Improvements" are capital improvements to roads necessary to provide safe and adequate access within and adjacent to the development in question and made necessary by the specific traffic to be generated by the development in question. N R. A "Traffic Impact Statement" or "TIS" is a statement which may consist of any or all of the following criteria, as determined to be appropriate by the county manager or his designee: (1) The statement shall project whether rnads serving or to serve the proposed project will exceed Level of Service D during any calendar quarter of any year during a twenty-year period beginning from the projected start of the development. (2) In determining the effects of a proposed project on the level of service, the TIS shall consider the following: 12 Words st=~=k-th~eugh are deleted; words ~ll~.rlined are added. Z7 (a) traffic characteristics and levels of service of existing major thoroughfares directly affected by the proposed project; (b) trip generation and origin-dastinstion projections for the proposed project; (c) impacts of the proposed project on affected major thoroughfares including anticipated changes in the level of service; (d) impacts of previously approved projects affecting the same major thoroughfares as the proposed project; (e} radius of development influence; (f) effects of phasing of the proposed development, including relationships to any long-range thoroughfare plans of the County and the Naples-Collier County Metropolitan Planning Organization (MPO), and to the five-year transportation improvement program of the MPO and the five year work program of the Florida Department of Transportation; (g) effects of roadway alterations to be made as part of the proposed project, including intersection improvements, turn lanes, signalization, median and other improvements; (h) impacts of increased through traffic movement and traffic from potential developments permitted and contemplated under the Comprehensive Plan. 3. The TIS shall address each of the policies e~ ~Bge~ve-~ and objectives of the transportation o]~m¢~nt of thn coz] |or couT~t¥ Compr~hol~a~v~ Plan. 4. The following methods of evaluation and standards shall be usod in preparing the TIS, unlmsa the county manager or his designee finds that, because of 13 Words s~.e~-%h~o~gh are deleted; words ~nderlined are added. circumstances unique to the proposed development and roadway system servicing the proposed development, other m,~thods or standards provide a more accurate means to evaluate the status of the major thoroughfares affected by the proposed project: (a) Total traffic generated by the project ' shall be computed using the rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation and Informational Report, unless documentation is supplied Justifying the use of different rates. (b) Traffic assignments shall be made for each link within the project's radius of development influence in conformance with good traffic engineering principles. The TIS shall use the fo}½ow~ng-~eb½e-of-ave=age-dm~}y-~r&ps-as-~he s%an&a~d-~e=-½eve½-e~-serv&ce-Bt "Generalized Daily Level of Service Maximum Volumes" tables found in the Traffic Circulation Element of t~ Management Plan. B~f~eN-TYPB AYERAO~-BA~B~-TR~P8 Fe~-~ane-~und½¥~ded~ ............... ~4T508 Fe~r-~ane-~d~¥~ded~ ................. Pou~-½ene-e~pressway ................ ~-½ane-e~p~esswa~ ................. E~he-~ane-e~p~essway .............. Averc~e daily trips shall be based on data for travel during the first quarter oE ~he calendar year. (c) In lieu of using khe table in paragraph (b) ~he TIS may use an analysis of peak-ho~r intersection capacities to determine whether the standard is ~et. The analysis shall contain detailed intersection analyses (including 14 Words s~c~-~hre~h are deleted; wo~ds ~nde~lined e~e added. calculations> for all inter~ectlons within the radius of development influence. Where detailed intersection capacity analy~is is provided, the 1965 Highway Capacity Manual (including the Northwestern Monographs) or ~amspe~e~en-Resea~ch eapae½b~u~-?~anspe~bab½ens-Reaea~eh-Bea~d~-~a~uar~? %9~ the_lgO~_l~i~hwa~_CapacitY_Manual_{T~ll_~P~clal ~epo¥~ ~Og) shall be referenced and used as documentation. When or if current editions become available, such current editions shall be referenced. (d) The county manager or his designee may insist that both the lane analysis and the intersection analysis be provided if he has reason to believe tkat at one or more affected intersections the sum of peak-hour critical lane volumes is expected to exceed 1200 vehicles per hour. (e) The TIS shall cover the radius of development influence of a proposed development, which shall include an area of five road miles from the perimeter of the development, but excluding roads on which traffic assignments from the proposed project do not exceed the following: AVERAGE DAILY TRIPS DESIGN TYPE DURING FIRST CALENDAR QUARTER Two-lane (two-way> 118 Four-lane (undivided) 204 Four-lane (divided) 279 Six-lane (divided) 427 Eight-lane (divided) 552 Four-lane expressway 456 Six-lane expressway 684 Eight-lane expressway 91~ The project's radius of development influenc~ shall be measured as road miles from the proposed project, not as a geometric radius. 15 Wordn s~ck-th~:~h are deleted; words .~Ul~erlino~ ara added. fl} ~ome ~riDs Generated by a Dro:.osed non-residential project are from existii~g traffic passing the proposed project and are not newly generated trips. Credit against the trio generation of the proposed p~gJect may be taken for those trips up to the percentage shown in th~ table below, The study must detail (1) all trgffic generated from the project and tb~ turning movements; and (2~ the number of captured trips subtracted from the traffic generated by the project, during the buildout period cf the proJe_~t, Uses other than those listed below, and ~nv Percentage credit propose~...~o be taken in excess of that shown in the table below, must be Justified based on acceDted traffic engineering principles to ~he satisfaction of the county ~/l~g~r__9£_l~is dQslono~_as part of the reo~ire~ tvaffic study, based upon the peculiar characteristics and location of the proposed Project. Factors which should be considered in ~9_terminlng a different capture rate include tYPe and size of land use. location with respect service population, location with respect tQ competing uses? location with respect to th9 surrounding major thorouohfare system, and existing and projected traffic volumes. PERCENT OF CAPTURED TRIPS FROM PASSING TRAFFIC Coqvpnience stores 40% Fast Food Restaurants ~hoP~inG Center Banks. SavinGs ~ ~oans ~0~ ~eneral Commercial 15~ ~dical Office %0% Q~fices I1~dustria~, warehouses ~(q} Background traffic shall be taken into account as follows: 16 Words s~=u=k-~h=augh are deleted; words ~l~erlined are added. (1) The effect of previously approved but incomplete projects that may eventually affect the major thoroughfares within the radius of development lnfluenc~ of the proposed project shall be addressed in the TIS as provided herein. (2) Phasing of previously approved projects may be considered in the analysis of background traffic. ~g~/ltl Future traffic shall be taken into account as follows: (1) The effects of increased through traffic and increases in traffic associated with the development of lands suitable for development but not yet planned should be estimated. Estimates should be developed for a 20-year period for through movements and for total buildout of potential developments. (2) The then current Land Use Element of the Comprehensive Plan, in conjunction with the then current Zoning Ordinance shall be utilized to estimate the traffic impact from potential developments affecting the radius of development influence. ~h~(i) The TIS may take into account roads and road improvements not yet constructed only if all funds for such roads and road improvements have already been specifically appropriated by the Board of County Commissioners or the legislature of the State of Florida for the particular road or road improvements. ~(~) The TIS shall be prepared and sealed by a qualified traffic engineer licensed to practice engineering in the State of Florida. 17 Words s~=uek-th=oug~ are deleted; words underline~ are added. ~{k~ Studies and analyses required by this Section shall be subject to review of methodology and technical accuracy by the county manager or his designee. P Q. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance: (1) In case of any difference of meaning or implication between the text of this ordinance and any caption, iljustration, summary table, or iljustrative table, the text shall control: (2) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (3) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". (5) The word "person" includes an individual, a corporation, a partnership, an incorporat.ad association, or any other similar entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, condit{ons, provisions, or events connected by the conjunction "and", "or" "either...or", the conjunction shall be interpreted as follows: (a) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (b) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. 18 Words st=u=k-%h~gh are deleted; words underlined are added. (c) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (7) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (8) Where a road right of way is used to define district boundaries, it may be considered as part of any district it bounds. SECTION SEVEN: Affordable Housing Section Added to Collier County Ordinance No. 85-55 as Section Nine. A new Section Nine is hereby added to Collier County Ordinance No. 85-55 to read as follows: SECTION NINE: AFFORDABLE HOUSING, A. ThQ Cou~y__~i oxomDt from payment of th~Road Impact Fee any Road Impact Fee Construction which aualifies as Affordable Housinq and which the ~oDs~ruct~on of such is funded in whole or in Dart bY money received pursuant to a direct qrant or subsidy from the United States, DeDar~tmont al Housinq and Urban Development. or from any direct ~rant or subsldv pro~ram of the State or Cou~Dy c¥~ated to ass[st in the construction of Affordable Housing, For the purDos~ of this Aff)rdable Housin~ Section, "Road Impact Fee Construction" shall mean land development constructiq~ desianed or intended to permi~ ~ore dwellin~ units th~n the existing use of land contains, This section is not intended % to apply and shall not be construed to aPPly tO any afford- able housin~ unit for which a building permit has beqn issued prior to the effective date of this Ordinance, 1. Any ~erson seekin~ an Affordable Housin~ 9McmDtion shall file with the county ~ana~er or his ~esl~nee an appllcatlon..for_eKem~tlon, prtor_to_~l~ln~ ~ buildin~ permit ~or the proposed co~struction~ The ~Dplication for exemption shall contain the followin~[ 19 Words st~R-~h~gh are deleted; words underlined are added. 34 fa% The name and address of the owner. Cb) The leoal description of the resJdentl~l property upon which the construction shall ~9 located. lc) The nature of the oovernmental orant .~ subsidy, inc].DdinG any terms, restrictions_o~ conditions as to its use. Cd) Documentation evidencing finalization of ~DDr~~ho govQrnmontal grant or subl!idy. (e) Proposed use Q~ %h~ oovernmental Grant or subsidy, Cf) The ProPoSed selling Price if the con~tructed facility will be offored for sale or the.pJ~o~osed rental price if the constructed facility w~.ll b~ offered for rent. (~) The number of bedrooms which th~ coD~_tructed facilit¥ will contain. 2. If the ProPosed Road Impact Fee Construction me,ts the reGuirem~nts for an Affnrdab~e_Housinq ~xemption. then the County Manager or his designee sha~l issue an Impact Fee Exemption. The IDp~ct fee ExemptioB shal~ be presented i~ ~leu of payment of~_~be ~oad I~pact fees. B. The County sha31 reimburse to the ApDlican~l~_~31~ Impact Fee for any constructed facilitv which will b~, sold Qr 1. Anv Applicant seeking a re%mbursemept of the Road Impact Fee for a propose4 ~acilit¥ shall file with the County Manager an ApplicatiQ~ for reimburse~ent prior to receiving a buildinq permit for th~ proposed facilitY. The Application for Reimbursement shall contain the followin~: Ca) The name and address of the Owner: 2O Words s~=u=k-%h~sugh are deleted; words un~/erlined are added. (b) The legal description Of the resident~'.al p. xopertv upon which the Road Impact Fee Construction shall be constructed: (c~ Tho proposed selling price if the Roa¢l Impact Fee Construction will be offe{ed for sale or the PrOPOSed rental price if the Road Impact F{~ Construction will be offered for rent: and (d) Tho number of bedrooms which the Road Impact Fee Construction will contain~ ~. If t[]~ proposed Road Impact F(~e Con~tr%~ction meets tho preliminary requirements for an Affordable Housin~ reimbursement, then the County Manager ~hall issue an Authorization for Reimbursement to the applicant for the proposed Road Impact Fee Con~;ruction. ~, The A~licant for the Road Impact Fes Construction who has received an Authorization for Reimburseme~t shall pay the Road Impact Fee due pursuant to this ordinance. ~, If the Road Impact Fee Construction is pffered for sale. the Applicant may obtain a reimbursement O~ the Road Impact Fee by presentin~ the ~uthorization for Reimbursement and documentatioi~ iDdicat~nq the actual selling pricg o~ ~he Road Impact ~9~_Cpn~t~u~ti~n_~p__th~_g_~.untY_Mana~er. Suc~ ~ocumentation shall be submitted within 90 days of the sal~ of th~ Road Impact Fee Construction, Failur,~ ~ubmit such documentation within the time re~uir,~ sha~ ~e deemed a waSvcr of the right to reimbursement, After reviewing the documentation provided and determinin~ ~hat the requirements for an Affordable Housin~ Reimbursement have been satisfied, th{] County reimburse the Road Impact Fee to the ~plicant. Words s~=u~k-%h=eug½ ars deleted; words underlined are added. 5. If the Road Impact Fee Construction will be 9ffered for rent, the A!~plicant may obtain ~ reimbursement of the Road Impact Fee by pre~entin~ to ~u ~QUII~Y__M~G~r the Au~h_Driz~lp~ for R.~mbursemont and do~g~cntatipn indicatin~ the total monthly ~ental ~t~l~e~_ior th~ lmm~diat~ ~ast calendar v~ar. that portion of the initial calendar year for which the Road l~act ~o Construction l~ r~l~t~d. Such ~9~lQ~h~ll bo~ubmittod within 90 dny~gf_th9 end of the calendar year. Failure to submit documentation within the time reGuired shall be deemed waiver of the right to reimbursement. After review]~ tho ~OCR~9~on ~ dot~rmining that tho rooul~ ~or an Affordable Housing Reimbursement have bee~ aa~l~._%ho county_n~ll rol~urso to tho an amount eGual to one-seventh (1/7) of ~~ Impact Fee ~. Such annual reimbursements may be received for seven consecutive years. Failure to timely apDl%, for ~Cument~t~on that ~be ~otal monthly re~l received Der ~Dliinq_u~i~9~hp~n~Ae c~r ~e{~r was w]~ the limits established shall waive the Applicant's right ~o reimburseme~ in that and any subsequent year.. 7. The reimbursements of the Road Impa~t f~e shall be paid bv the County within thirtv (30) ~ ~missl~f tho Authorization proper documentation indiqatin~ the sales price or the total monthly rental for the immqdiate past year. The county shall Day such reimbursement f~)m the accumulated Road Impact Fees collected, pursuan~ ~.~ this ordinance. 22 Words struck-through are deleted; words underlined are added. 8, The riqht to reimbursement shall be only available to the ADulicant as stated on the Application ~or Reimbursement and may not b~ transferred, s9_~¢~ or assigned to any other Person. C, For a Road Impact Construction to receive an Affordable llousinG Ex~m~tion or an Affordable l{ousinq ~eimbursemeD%, the ~m0uBt for which the Ro~4 Impact Fee Construction may be sold or rented must be restricted to an ~93&D~_~L[Y~lB. the stand~rds contained on Appendix A and that such restric~ion mus~ continue for a period of seven veers from the issuance of ~9 building oermit. Such restrictions ~U~t be contained within the provisions of a contract eo%ered into between tho Co~n~¥....and ~oth th~ Applicant and the Dwner of the Road Impact Fee Construction, No Affordable Housing Exemption nor Affordable Housing Reimbursement shall be grant~d_for a Road Impact F~e Construction which consists of a mobile home. D. In determining the total monthly rental charge for the purpose of determining eligibility for an Impact Fe9 Exemption or Authorization for Reimbursement. all payments which are required to be made bY a tenaDt as ~ conditicn of residing at such dwelling unit shall be included, ~, For each Road Impact Fee Construction which receives ~n Impact Fo~ E~lp_mptlon or an Affordabl~ Housinq Reimbursement, the County shall pay into the aPD!icable. Eoad ~mpact Fo~ A¢co%~nt tho amount of the Ro~d Impact F~u w~ch was eKempted or reimbursed, F, FOr the purposes Qf this Section. site accuis~.tion. site development, site preparation and infrastructure construct l~37 reauired for a Road Impact Fee Constructi¢~ shall be part of the construction process, G. An Applicant ~ho has b~crk_~enied an Impact Fe~l ~emption or aD Author%z~t~O~ ~or Reimbursement may re¢[uest ~ review hearing on such decision pursuant to this 9r~in~%nce, 23 Words st=ucR-th=ough are deleted; words ~ are add.ed. SECTION EIGHT: Review Hearings Section Added to Collier County Ordinanc~ No. 85-55 as Section Ten A new Section Ten is hereby added to Collier County Ord.[nance No. 85-55 to read as follows: ~ BEVIEW HEARINGS. A, An Applicant or Owner who is required tQ DaV a Road Impact Fee Pursuant to this ordinance, shall have the right to reque~ a review hearinG. ;3. Such hearing shall be limited to th~ r~lew of th~ ~ollowinG: ~. The apolication of the Road Impact Fee. 2, A denial of an Affordable HousJdT.q_~,~on or Authorization for Reimbursement, C. Except as otherwise provided in this ordinance, such hearing shall be requested by the Applicant or Owner within k~Lirtv ¢30) da¥~. including Sundays and 19~al holidavs._9~ the date of first receipt of the followinG, whichever ia ~pp~lcable: l~...l]93ilC~._~mount of_road impact fses dugu, 2, The denial of an Impact Fee Exemption or Authorization for Reimbursement. Failure to request a hearin~ within the ~ime provided shall be d~e~_~td a waiver of such right. D. The request for hearing shall be filed with Office of the County M~pauer and shall contain the follhowinG: ~, ThC ~am~ and address of the A~plicant Owner: 2. The legal description of the ProPertY in 3, If issued, the date the buildin~ permit was issued: 4. A brief description of the nature of the constructioD beipq undertaken pursuant to the building permit~ 24 Words struck-through are deleted; words underlined are added. ~. If Paid. the date the Road Impact Fee was naid~ and ~, A statement of the reasons why the APPlicant or Owner is reauesting the hearing. E. Upon receipt of such reguest, the County Manager shall schedule a hearing before the Board of County ~ommissioners at a regularly scheduled meeting or a s:,ec~al ~getinG called for the purpose of conducting the hearing and shall provide the ADnlicant or Owner written notice of'the time and place of the hearing. Such hearing shall be held within forty-five ~45) days of the date the reguest hearing was filed. E, SU~b b~rin~ shall be before the Board of County Commissioners .and shall be conducted in a manner desi~Bgd to obtain all information and evidence relevant to the requested hearinG, Formal rules of civil Procedure and evidence shall Dot be aDDli_qable: however, the he~rin, shall be conducted in a fair and impartial manner with each party having an 9DDortunitv to be heard and to present information and, evidence. G. Anv APPlicant or Owner who reGuests a hearing[ pursuar]Jl to this Section and desires the immediate is~uanc9 of a building permit, or if a buildJn~ Permit has bee~l issued Flthout the payment of th~ Road ImPact Fee. shall DaY Drier to or at thg__~lim~ %he reauest for hearing is filed applicable Road ImPact F~ pursuant to this ordinance, Said Davment shall be deemed na~d under "Pr~Q_test" and shall, not be ~0nstru~ ~S a waiver of anv review rights. H. An APPlicant or Owner may reguest a hearing under this Section without paying the applicable Road Impact Fee but ~o buildinq permit shall be issued until such Road ImDac~ E~ are Paid in the amouDt initially calculated or t!L9 amount auDroved upon completion of the review Provided in ~ihis Section. 25 Words s%~.ek-~h~.gh are d~let~d; words underlin~d are added. SECTION NINE: Amendment to Section Nine of Collier County Ordinance No. 85-55 Section Nine of Collier County County Ordinance No. 85-55 is hereby renumbered and amended to read as follows: SECTION N~NB ELEVEN: LIBERAL CONSTRUCTION, SEVERABILITY AND PENALTY PROVISIONS. A. The provision of this ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. B. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. C. A violation of this ordinance shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution Collier County or any individual paying the road impact fee shall have the power to sue in civil court to enforce the provisions of this ordinance. SECTION TEN: Applicability of this Amending Ordinance; Exclusions. The increased road impact fees set forth in this amending ordinance shall be applicable and effective for all building permit applications filed on or after March 1, 1990. Building permits which are issued pursuant to completed building permit applications filed prior to March 1, 1990 shall be subject to the road impact fee in effect prior to the effective date of this amending ordinance. Any event defined as "commencement of land development activity" for which a completed building permit application has not been filed prior to March 1, 1990 shall be subject to the increased road impact fees set forth in this amending ordinance. 26 Words a~r~k-%hr~gh are deleted; words underlin~ are added. SECTION ELEVEN.' Effective Date of this Amending Ordinance. This amending ordinance shall become effective upon r(~ceipt of notice from the Secretary of State that this Ordinance ]las been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commisllionere of Collier County, Florida, this 13~h day of February , 1990. ATT'EST: ' BOARD OF COUNTY COMMISSIONERS .'>JAHES C. GIL'ES, Clark COLLIER COUNTY, FLORIDA · .,,f.' / ..:- V , ,,, '-',~ ,' ~, ADgroved ae to form and legal sufficiency: ~~' ~ ~anneth B'. Cuyle~ count~, Attorney"' ~ ~ ~ --- ~l~e~nl ~ ~ot ~,~~ '~ 27 Words s~u~k-~h~u~ are deleted; words underlined ara added. ~.~ APPENDIX A AFFORDABLE HOUSINO STANDARDS The following shall qualify as Affordable Housing for the purpom®s of receiving an Affordable Housing Exemption and Affordable Housing Reimbursement: A. A Dwelling Unit which is offered for sale for a total amount not greater than: 1. $36,000 for a one bedroom Dwelling Unit. 2. $45,000 for a two bedroom Dwelling Unit. 3. $52,250 for a three bedroom Dwelling Unit. 4. $60,000 for a four bedroom Dwelling Unit. B. The Dwelling Unit which is offered for rent for a total monthly rental amount not greater than: 1. $310 for a one bedroom Dwelling Unit. 2. $390 for a two bedroom Dwelling Unit. 3. $450 for a three bedroom Dwelling Unit. 4. $520 for a four bedroom Dwelling Unit. APPEIiDEX B ROAD IMFACT FEE " EARMARKING DISTRICTS . ~ CO, ee . COklJ~t CO.'~ $ · C 8 · m~ ~ m~ ~-, ~ '." 7 : ~0 ~ . iix '. 5~ ..: ..: .... _ ...... STATE OF FLORIDA ) COUNTY OF COLLIER ) 'A I, JAMES C. GILES, Clerk of Courts in and for the ~'~' Twentieth Judicial Circuit. Collier County, Florida, do hereby certify that the foregoing Is a true copy of: Ordinance No. 90-14 which was adopted by the Board of County Commissioners on the 13th day of February, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of February, 1990. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of .-.~%,,~1~ ,, County Commissioners .,,u'.... ..... ..... B(f: /s/Maureen~Ken¥on .... . : ~ Deputy '~lerk ',i~_'. ,;,.. .: .: :4.