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Ordinance 85-55ORDINANCE NO. 8~- 55 ~ ' AN ORDINANCE ESTABLISHING ROAD IMPACT FEES FO~ ALL TYPES OF DEVELOPMENT; PROVIDING SItOR~ ~"' ~ TITLE, AUTtIORITY AND APPLICABILITY; PROVIDIN~ ~,. INTENT AND PURPOSE; PROVIDING FO~ INCIDENCE O~ ROAD IMPACT FEE; PROVIDING FOR COMPUTATION AMOUNT OF FEE; PROVIDING FOR PAYMENT OF THR~ FEE; PROVIDING FOR USE%O~DS; PROVIDING FO~ REFUND OF FEES PAID; PROVIDING DEFINITIONS AN[~ RULES OF CONSTRUCTION; PROVIDING FOR LIBERAIF' CONSTRUCTION, ~V. EI%AB~ ('6AND PENALTY PROVISIONS; AND PROVIDING EFFECTIVB DATE. WHEREAS, the rapid rate of new development in Collier County requires a substantial increase in the capacity of the road system within the county; and WHEREAS, the Board 'of County Commissioners of Collier County has determined that new development should contribute its fair share of the cost of providing new capacity to the road system; and W/qEREAS, a road impact fee that contributes this fair share would implement and be consistent with the objective %7 of the transportation element of the Collier County Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY that: SECTION ONE: SHORT TITLE~ AUTHORITY AND APPLICABILITy. A. This ordinance shall be known and may be cited as the "Road Impact Fee Ordinance". B. The Board of Commissioners of Collier County has the authority to adopt t~A~l~ce pursuant to Article V~II of the Florida Constitution and Chapters 125 and 163 of the Florida Statutes. C. This ordinad~l]~ apply to the unincorporated area of Collier County, and to the in~orporated areas of Collier County to the extent authorized by the Fiorida Constitution, Art. VIII, $ l(f). SECTION TWO~ INTENT AND PURPOSE. A. This ordinance is intended to implement and be consistent with the Collier County Comprehensive Plan. B. This ordinance is intended to be consistent wi~ the principles ~r allocating a fair share of the cost of neW." public facilities to new. users as established by the Supreme Court in the case of Contractors and Builders Associatio~'~ of Pinellas County v. City of Dunedin, 329 So. 2d 314 (1976). . C. This ordinance is intended to require developmen~'~ to contribute its proportionate share of funds, land or publlc'~ facilities necessary to accommodate the impacts having a rationa% nexus to the proposed development and for which the need reasonably attributable to the proposed development, within the .meaning of ~ 380.06(15) (e), Florida Statutes. 'SECTION THREE': INCIDENCE OF ROAD IMPACT FEES. A. Any person Or governmental body who, after the eff,:ctive date of this ordinance, shall commence any new land deve?.opment activity that generates additional traffiu, shall be required to pay road impact fees in the manner and amount set forth in this ordinance. 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 develop-' ment process, and the nature of . .the development has not changed~. in a manner that would generate additional traffic, the commence- stages of the. ,development activity shall not~ ment of later D. A developer who, prior to the e[fective date 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 applicable to, ~thout limitation, the developments permitted~' 'under Ordinances 84-6, 84-~1, 84-21, 84-42, 84-51, 84-53, 84-72~] 85-15 and 85-17. 84-73, 84-90, E. No rezoning, provisional use, site development p%~n, subdivision approval, building permit or certificate occupancy shall become final until any applicable road impact fees have been paid or an agreement for payment of such fees has~ been approved by the county manager or his designee pursuant tO Section Five of this ordinance. F. No map or plat of subdivis~on requiring approval by' the Board of County Commissioners shall be deemed to provid~? 'adequate and 'safe access within the meaning of ~336.05(2), Fla~ Stat. until any applicable road impact fees have been paid or agr,~ement for payment of such fees has been approved by ths~ county manager or his designee pursuant to Section Five of thi~ 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. :~.~TION FOUR: COMPUTATION OF AMOUNT OF FEES. A. The fees 'shall be based on the assumption that property will be developed in the manner that will generate the maximum traffic permitte~ under applicable laws, ordinances, regulations and permits, except to the extent that the feepayer demonstrates that binding restrictions running with the land ~ further limit potential development. - . . B. At the option of the feepayer, the amount of the fees may be determined by the following fee schedule if the typs~ · of land development being commeg~ed is one of those types llsted'~ 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 fees may be determined by the use of a traffic impact statement, The fees shown on the schedule include a 15% discount to encourage use of the schedule and reduce' the administrative time needed to process traffic '[~pact statements. If the deveiopment includes ' ''fractionai units, the fees. shall be computed to the appropriate DEVELOPHENT TYPE UNIT LANE-MILES IMPACT FEm. Single-family .. Mu'ltl-family Mobile home Transient: Hotel/I4otel Transient: Tlmeshare General office Shopping center Warehouse Industrial Hedical Office General commercial 'Travel Trailer Convenience Store dwg. unit 0.0059082 $317.75 dwg. unit 0.0031047 $166.98 dwg. unit 0.0030989 $166.67 room 0.0056119 $301.84 dwg. unit 0.0084179 $452.75 (xl000 sq.ft.) 0.0071948 $386.99 (xl000 sq.ft.) 0.0344493 $1,852.91 (x1000 sq.ft.) 0.0031339 $168.53 (x1000 sq.ft.) 0.0033985 $182.76 (xl000 sq.ft.) 0.0438618 $2,358.66 (x1000 sq.ft.) 0.0368448 $1,981.45 space 0.0026150 $140.64 (xl000 sq.ft.) 0.0882353 $4,745.45 C. 'If the fees are to be computed by the use of a traffic impact statement, the county manager or his designee shall use the fees applicable to the most nearly comparable type of land development on the schedule in paragraph B, adjusted as follows: (1) If the county manager or his designee fi'nds on the basis of generally r~cognized principles of traffic engineer- ing that the lane-miles of traffic per unit to be gene[ated by the development is likcly to be substantially different than shown in the schedule in paragraph B~ the amount of fee shall be varied proportionately from one hundred eighty fifths {100/85) of the fee shown' 'in the schedule, in proportion 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 engineer- '~ng that more than 3% of the vehicle lane miles of traffic to be generated by the proposed development, will be on roads the capa- city of which will not require expansion during the next twenty 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 one hundred eighty fifths '(100/85) of that shown in the schedule in paragraph B, in p'roportion 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 reache~, during the first quarter of a calendar year, lev~l 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, 6inding on the developer and future owners of the property, that the development will actually occur in the manner propose~. Such assurances may take the form of approved building plans, deed restrictions, or other commitments that effectively bind the developer and future owners. E. When a traffic impact statement is to be u~ed by the county manager or his designee to assist the making of the determination required under Paragraph C, the feepayer shall sub- mit 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 be sub- mitted 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 lmpact'prior to the effective date 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 a~gainst the impact fee under Section Five C of this ordinance, the traffic impact statement fnr the development shall credit the cost of such improvements or contributions against the fee that would otherwise be required. If the traffic impac~ statement covers less than the entire development, credit shall be given for a pro rata share of such improvements or ~ntributions. G. The county m~nager 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 t9 the Board of County Commissioners any changes to the ordinance ss may be appropriate. SECTION FIVE: PAYmeNT OF FEE. A. The feepayer shall pay the fee to the county man- _ager or his designee prior to issuance of any permit or approval required for the development and prior to any actual development activity, except as hereinafter provided. B. In lieu of payment as required in paragraph A, the feepayer may enter into a fee agreement with 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 6B of the Collier County Subdivision Regu- lations for the Coastal Area Planning District. If the property is to be 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 provide for annual adJustJhent of the unpaid portion of the fee at a rate approximately ~qual to the rate of inflation in road construction costs. The county manager or his designee is authorized to enter into such an agreement upon a finding by the -6- 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 development at the time of its initial occupancy. .~. C. In lieu of all or part of the road impact fee, the ~:. county manager or his designee may accept the offer by a devel- oper to construct part of a road improvement project (other than a site-related improvement) shown in the Comprehensive Plan or roads appropriate to the implementation thereof. Such construc- tion must be in addition to the site-related improvements other- wise required. The developer shall submit a cost estimate ~!:' certified by a registered engineer to the county manager or his designee, who shall credit the cost of the construction against the road impact 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 effi- cient 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 SIX: USE OF FUNDS. A. All funds collected from road impact fees and ail interest accrued on such funds shall be used solely for the purpose of capital improvements for roads under the Jurisdiction of Collier County or its incorporated municipalities or the State of Florida, and not for maintenance or operations. · B. Ail 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 shall be those shown on the map attached hereto as Appendix A and made a part hereof. Funds may be used outsid the earmarking d st ot on V if the p oJect upon which the funds are expended is of direct benefit to the development against which the fees were assessed. SECTION SEVEN: REFUN6 OF FEES PAID. A. Any funds not expended or encumbered by the end of .the calendar quarter lmmcdiately following six (6) years from the date on which the certificate of occupancy for the development was issued shill 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 were assessed. SECTION EIGHT: DEFINITIONS AND RULES OF CONSTRUCTION ~. A "Capital 'Improvement" includes 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 S334.21, Fla. Stat., but does not include routine or periodic maintenance as defined in S334.03(18) or (13), Fla. Stat. . 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; (2) the issuance by the Director of the Zoning Department 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 building permit -was applied for prior to June 20, 1984; or (6) the commencement of any building activity or 'the making of'any material change in the use or appearance of any structure or land. C. The "Expansion" of the capacity of a road includes any widening, intersection improvement, signalization or other capital improvement designed to increase the road's capadity. D. A "Feepayer" is a person commencing land d~velop- ment activity covered by.this Ordinance. E. The "Floor Area" of a building shall have the same meaning as in S8.17 of the Zoning Ordinance of Collier County. F. The "Generation" of traffic shall include both the production and attraction of traffic. G. "Land" shall' have the same meaning as set forth in Section S380.031[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: c. .. Level of service D approaches unstable' flow, with tolerable operating speeds being main- tained though considerably affected by changes in operating conditions. Fluctations in volume and temporary restr£dtions to flow may cause substantial dropa in operating speeds. Drivers have.little freedom to maneuver, and -9- comfort and convenience are low, but condi- tions can be tolerated for short periods of time. I. A "multifamily" residence is a single dwelling unit within a building containing two or more"~welling units. d. "Road" shall have the same meaning as set forth in Section $334.03(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. L. A "single-family" residence is a detached dwelling unit used for single family residential purposes. M. "Site-related Improvements" are capital improve- ments 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. A "Traffic Impact Statement" or "TIS" is a state- ment 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 roads 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 ~tart of the development. (2) In determining the effects of a proposed project on the level of service, the TIS shall consider the following: (a) traffic characteristics and levels of service of existing major thoroughfares directly affected by the proposed project; _ (b) trip generation and origin-destination 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 devel- opment, including relationships to any long range thoroughfare p~ans 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 o~ T~ansportation; (g) effects of roadway alterations to be made _as part of the proposed project, including intersection improve- ments, 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 of objective t7 of the transportation element of the Collier County Comprehensive Plan. (4) The Following methods of evaluation and standards shall be used in preparing the TIS, unless the County Manager or his designee finds that, because of circumstances unique to the proposed development And roadway system servicing the proposed development, other methods or standards provide a more accurate means 'to evaluate the status of the major thorough- fares affected by the proposed project: (a) Total traffic generated by the project shall be computed using the rates publishe( 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) Traffig. 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 following table of average daily trips as the standard for level of service D~ AVSRAGE DESIGN TYPE DAILY TRIPS Two lane (two way) Four lane Iundivided) ,' Four lane (divided) Six lane (divided) Eight lane (divided) Four lane expressway Six lane expressway Eight lane expressway 14,200 24,500 33,500 51,300 66,200 54,700 82,100 109,400 Average daily trips shall be based on data for travel during the first quarter of the calendar year. (c) In lieu of using the table in paragraph (b) the TIS may use an analysis of peak-hour intersection capa- _cities to determine whether the standard is met. The analysis shall contain detailed intersection analyses (including calcu- lations) for 'all inte~sections within the radius of development influence. Where detailed intersection capacity analysis provided, the 1965 Highway Capacity Manual (including the Northwestern Monographs) or Transportation Research Circular No. 212, "Interim Material on Highway Capacity", Transportation Research Board, January, 1980 shall be referenced and u~ed 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 a~d the intersection analysis be provided if he has reason to believe that at one or more affected intersections the sum of peak-hour c{itical lane volumes is expected to exceed 1200 vehicles per hour. (e) The TIS shall cover the radius of devel- opment influence of a proposed development, which shall include an area of five road miles from the perimeter of the develoi~ment, but excluding roads on which traffic assignments from the pro- posed project do not exceed the following: DESIGN TYPE Two lane (two way) Four lane (undivided) Four lane (divided) Six lane (divided) Eight lane (divided) Four lane expressway Six lane expressway Eight lane e~pressway AVERAGE DAILY TRIPS DURING FIRST CALENDAR QUARTER 118 204 279 427 552 456 684 912 The project's radius of development influence shall be measured as road miles from the proposed pcoject, not as a geometric rgdius. account as follows~ (f) Background traffic shall be taken into ~1). The effect of previously approved but incomplete projects that may eventually affect the major _thoroughfares within the radius of development influence 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) 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-yea~ period for through movements developments. the Comprehensive Plan, and for t~tal buildout of potential (2) The then current Land Use Element of 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) The TIS .may take into account roads ..and road improvements not yet constructed only if all funds for such roads and road improvements have. alr'~ady been specifically appro- priated by the Board.of County Commissioners or'the legislature of the State of Florida for the particular road or road improve- ments. (i) The TIS shall be prepared and se~ed by s qualified traffic engineer licensed to practice enginegring in the State of Florida. (j) 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. For the purposes of administration and enforcement of this o~dinance, 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 cogtrary. (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, a~ incorporated association, or any other similar'entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items. conditions, 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 . ~', combinat ion. \' ' . . (c) "Either ... or" indicates that: connected items, conditions, provisions 'or events shall apply singly but not in combinat~on. (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. ~ECTION NINE: LIDERAL 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 misdemean- or puntshable~'according to law; however, in addition t~ 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: EFFECTIVE DATE. · This ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. -, ~ASSED AND DULY ADOPTgD this · REAGAI :Lerk BOARD OF COUNTY CO~U4ISSIONERS COLLIER COUNTYf FLORIDA Approved/as' ~o form and sufficiency= STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that .the foreEoinE.is a true original of, ORDINANCE NO. 85-55 which was adopted by the Board of County Comr~issioners during ReEular Session on the 1st day of October, 1985. WITNESS my hand and the official seal of t~e Board of County Co~iesioners of Collier County, Florida, this 3rd day of October, 1985. WILLI~ J. ~GAN Clerk of Courts and ClerR, q~'~'?'., · ii,i:' , IMPACT FEE EARMARKING DISTRICTS I I 4 l'