Ordinance 2011-20
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~ ~):::"..:: ORDINANCE NO. 2011 - 20
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~c\.. ~G ORDINANCE OF THE BOARD OF COUNTY COMMISSION~~ ~ ~
ClCOtr., r:-,'\9\~ OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74~; ~ ~
~':" v..~::-__/ THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;-::." ~ \,+"(\
(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE\i:';:. "?~,,\\O
ORDINANCE) BY AMENDING PROVISIONS RELATING TO \(': C
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OBT AINING A CERTIFICA TE OF ADEQUA TE PUBLIC -~~,' /. ,.~..)
FACILITIES WITH RESPECT TO ROAD IMP ACT FEES; ~~:~;,
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING ~/
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for transportation since 1985; and
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, through its adoption of Ordinance No. 2009-09, the Board amended
Ordinance No. 2001-13, as amended, specifically provisions relating to the upfront payment of
road impact fees to obtain or extend a Certificate of Adequate Public Facilities so as to allow
payments over a five-year period; and
WHEREAS, the Board recognizes that developers are still expenencmg economIC
difficulties and on April 12, 2011, directed staff to review proposals and recommendations to
modify the payment schedule so as provide adequate upfront funding for road projects while
allowing developers to retain sufficient funding to move forward with projects.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article III, Special Requirements for Specific Types of Impact Fees, Section
74-302, Special requirements for road impact fees, of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Underlined text is added; Stmek lllrouglllext is deleted
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(h) Payment of road impact fees to obtain a certificate of adequate public facilities.
(1) A fi';e year temporary certificate of public facility adequacy (COA) shall be
issued concurrent with the approval of the next to occur final local development
order, At the time a temporary certificate of public facility adequacy is issued,
twenty thirty-three percent (~ 33%) of the estimated payment based OIl the
impact fee rate in effect at the time of the pre approval letter will be due and
deposited into the applicable impact fee trust fund. The funds will then be
immediately available for appropriation by the Board of County Commissioners
for transportation capital improvements and are non-refundable. Final
calculation of impact fees due will be based on the intensity of development
actually permitted for construction and the impact fee schedule in effect at the
time of the building permit(s) application submittal, such that additional impact
fees may be due prior to issuance of the building permit(s). The balanee of
transportation impact fees shall be paid iIl four additional amlUal installments of
20%, beginning one year after the initial 20% payment.
(~) At the time a temporary COA is issued, and the first tweRty pereeRt (20%) of the
estimated paymeIlt is paid, the applicant will deposit with the County sufficient
security, the form of '.vhich has been approved by the Board of County
Commissioners, for a term of four years, in all amouRt equal to the 20%
payment.
A Upon payment of 100% of the estimated impact fees, the eertifieate will be
issued in perpetuity and the dedicated security will be released. No further
advance paymeRts """ill be due once aetual road impaet fees are paid equal to the
initial estimated impaet fees.
f4j Failure to submit payment in aceordance '.vith the pro';isions of this subsection
shall result in the following:
a:- Upon failure to cure follo\'1ing 10 days written demand, the
County '.vill exereise its payment rights to the dedicated security;
aOO
&:- The matter \-vill be referred to the Board of County
CommissioIlers for review. .^.bsent the Board findiRg exceptional
circumstances, the temporary certificate of public facility
adequacy shall be revoked.
W For those developments that have secured a three year COA, in order to extend
the vesting period for all additional five years, the balaIlee of the estimated
transportation impact fees, based OIl the impact fee rate in effeet at the time of
the pre approval letter, must be paid in fi','e additional annual installments of
20% with the first payment being made prior to the expiratioIl date of the three
year certificate. For those de','elopments that have seeured a three year
certificate that has expired, iIl order to extend the vesting period for all
additional five years, the balance of estimated transportation impaet fees based
on the impact fee rate in effect at the time of the pre appro'lalletter must be paid
in five additional annual installments of 20%, with the first payment being made
within (30) thirty days of the effective date of this Ordinance. :\t the time the
LinderllOed text is added: St~tflrough text is delctcd
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first twenty percent (20%) of the estimated payment is paid, the applicant 'Nill
deposit '.yith the County sufficient security, the form of which has been
approved by the Board of County CommissioRers, for a term of five years, in an
amouIlt equal to the 20% paymeIlt. UpOR paymeRt of 100% of the balaIlce of the
estimated impact fees, the certificate will be issued in perpetuity aRd the
dedicated security will be releasee. No further advance paymeRts will be due
once actual road impact fees are paid equal to the balaRce of the estimated
transportation impact fees. failure to submit payment in aceordance '.vith the
provisions of this subsection shall result in the followiRg: (i) UpOR failure to
cure following 10 days '.witten demaIld, the County '.vill e)(ercise its payment
rights to the dedicated security; aIld (ii) The matter will be referred to the Board
of County Commissioners for reyiev,'. Absent the Board findiRg exceptional
circumstances, the temporary certificate of public facility adequacy shall be
revoked.
(~2) Offsets for road impact fees assessed to building permits for impact fees paid in
accordance with this subsection, as well as any remaining balaRce of payments
related to the original three year certificate, will be applied equally to the ne'.v or
remaining units or square footage and will run with the subject land.
Cl- J) This provision is to be read in conjunction with Section 10.02.07 of the Collier
County Land Development Code. To the extent this provision conflicts with this
or with any other Collier County ordinance, rule or regulation, the provisions of
this section shall control.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier CJunty, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shalI be effective upon filing with the Department of State.
Underlined tcxl is added: Stfuok tllrougll text is dclclcd
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I~th day of June ,2011.
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Approved as to form
and legal u lciency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B.~W.~
y'FRED W. COYLE, CHAIRM
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Undcrlined tcxt is added: Simek tllr6ugll text is delctcd
This ordinance filed with thl;:
Secretory of State's Off~c.: the
~ day of JVf\t.. , 'lJU
end acknowledgeme~ ct thot
.tili received this 1 day
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk af Caurts in and far the
Twentieth Judicial Circuit, Callier Caunty, Flarida, do.
hereby certify that the faregaing is a true and carrect
capy af:
ORDINANCE 2011-20
Which was adapted by the Baard af Caunty Cammissianers
an the 14th day af June, 2011, during Regular Sessian.
WITNESS my hand and the afficial seal af the Baard af
Caunty Cammissianers af Callier Caunty, Flarida, this 20th
day af June, 2011.
DWIGHT E. BROCK
Clerk af Caurt~'~rq#'~r;lerk
Ex-afficia to..~~~i;d"ot.. v.:
Caunty Cammi~~.o?er~ ".: (;
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By: Martha V;e1;gcira.:,a. f. . .
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Deputy Clerk'. ."".'