Membership Attendance Requirements Memorandum
To: Sue Filson, Administrator Assistant
Board of County Commissioners
From: Bob Laird, Chaiman
Emergency Medical Services Advisory Council
Date: October19, 1999
Re: Membership Attendance Requirement
Your continued assistance in processing Emergency Medical Services Advisory Council
candidates is greatly appreciated.
A review of Dr. Michael F. X. Geraghy's attendance has found that he is in violation of
Collier County Ordinance No. 86-41, Section Eight, Attendance Requirement. Section
Eight reads as follows:
Any Board member shall be automatically removed if he or she is absent from
two consecutive Board meetings without a satisfactory excuse or if he or she is
absent from more than one-half of the Board's meetings in a given fiscal year.
A member of a Board shall be deemed absent from a meeting when he or she is
not present during at least 75% of the meeting.
By copy of this letter, I am requesting that Dr. Geraghy be replaced and an opening on
the Council be advertised. If you should have any questions, please feel free to contact
me.
Sincerely,
ob Laird, Chairman
Emergency Medical Services Advisory Council
'A.GE.NDA TRickNSIVIITTAL SLIP Agenda Item #
Date Submitted December 4, 1998 Requested Agenda Date: Deceiber 15, 1998
Li(4) Approval of Minutes 0 (5) Proclamations E (6) Clerk -
0(7) Public Petitions 0(8A) Community Dev: &Env. Svcs. 0 (8B) Public Works
O (8C) Public Services 0(8D) Support Services ❑ (8E) County Manager
O(9) Attorney - 0(10) BCC (II) Other Constitutional Officers
0 (12) Public Hearings 0 (13A) BZA Public Hearings 0 (14) BCC Communications
❑(15) Communications 0 (16) Consent Agenda
Requested by: Date: Reviewed by: D ate:
Jeff Page,Acting Chief of Operations Diane B.Flagg,Chief
Division Head. Date: Manager: Date:
Leo Ochs,Administrator
Item Title: EXECUTE AN ORDINANCE CREATING AND ESTABLISHING THE GOODLAND/HORR'S ISLAND FIRE CONTROL AND
RESCUE DISTRICT.
List of Documents Attached:
1.. Executive Sununary(required) 2. Ordinance
3. 4.
5,
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1
EXECUTIVE SUMMARY
EXECUTE AN ORDINANCE CREATING AND ESTABLISHING THE
GOODLAND/HORR'S ISLAND FIRE CONTROL AND RESCUE DISTRICT.
OBJECTIVE: To obtain Board of County Commissioner's approval to ,!gel: to an
ordinance creating and establishing a MSTU for fire protection services within the areas
commonly referred to as Goodland and llorr's Island.
CONSIDERATION: Pursuant to Collier County Ordinance No. 84-84, the County tt, �
created the Collier County Fire Control Municipal Services Taxing Unit to provide fire
protection services to areas outside of existing fire district boundaries. Traditionally two G "
mills have been levied for fire protection service within the Collier County Fire MSTU. °'``
Prior to the incorporation of Marco Island, the Marco Island Fire Control District <
provided fire protection services to Goodland and Horr's Island. Goodland and Horr's A Xt`- .
Island were excluded from the City of Marco Island corporate boundaries and therefore N
CY*) t' _
these areas became part of the Collier County Fire Control District. ,6)11 l
In FY 99 the City of Marco Island contracted with Collier County for fire protection
services for Goodland and Horr's Island. Due to the additional taxable value attributable 'r'`\�`kxi
to Goodland and Horr's Island being included in the Collier County Fire MSTU, it was � ti 1\10°�\
Decided t .t the FY 99 millage for the Collier County Fire Control District be reduced to o
1.7979. T 's would generate just enough money needed to provide the fire protection
sei - • it a separate MSTU could be created for Goodland and Horr's Island. pru 7
rycP) \Nt,\. �r
FISCAL IMPACT: The anticipated FY 99 payment to the City . ' • . .co Island to �,� I
provide fire protection for the Goodland and Horr's Island is($:'6,100. The pillage..
required in FY 2000 to fund_the contractual fire protection services is •ependent upon the„ \
taxable value within the Goodland and Horr's Island Fire ntrol and Rescue District.
wA,
GROWTH MANAGEMENT IMPACT: None. \_
foti 65'6
RECOMMENDATION: That the Board of County Commissioners approve the attached
Ordinance and authorize the Chairman to execute same. �� C�A" ►
10) Cot fifvfv,
laa�(j
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61A ,
rJ �� „i4),5 q616.)..c olam(
SUBMITTED BY: 4 Date: /Z/th
Jeff Pa, , : mr g Operations Chief
EMS epartment
REVIEWED BY: Date: !i
Diane B. Flagg, hief
Emergency Services Department
APPROVED BY: Date:
Leo Ochs, Administrator
Support Services Division
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ORDINANCE N ?.9&
AN ORDINANCE CREATING ND ESTABLISHING THE
GOODLAND / HORR'S ISLAND RE CONTROL DISTRICT;
PROVIDING FOR TITLE AN CITATION; PROVIDING
BOUNDARIES OF THE DISTRI ; PROVIDING FOR THE
CREATION AND E.STABLISHM NT OF THE DISTRICT;
PROVIDING FOR THE GOVERN( G BOARD, POWERS AND
DUTIES; PROVIDING FOR CO STRRVCTION; PROVIDING
FOR INCLUSION IN CODE OF AWS AND ORDINANCES;
PROVIDING FOR CONFLICT ND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DA .
WHEREAS, upon the incorporation of the 3ity of Marco Island, the Board of County
Commissioners has determined that it is in the best interests of the residents of Goodland and Horr's
Island and the citizens of Collier County that a Ere oontriol district for and comprising the area known as
Goodland and Horn's Island be created and established.
I
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA that
SECTION ONE TITLE AND CITATION
This Ordinance shall be known as the"Goodland i/Horn's Island Fire Control District.'
SECTION TWO:BOUNDARIES OF THE DISTRICT
The Goodland / Horn's Island Fire Control Ditrict is hereby created within the boundaries
described as follows:
That portion of Sections 18 and 19,Township 52 South,Range 27 East,
Collier County,Florida lying south of Grdland Bay,west of Coon Key
Pass and north of Blue Hill Creek,comm'nly known as Goodland;
AND j
i
That portion of"Horn's Island AK.A, ley Marco"as recorded in Plat
Book 21,pages S through 19,Public Rec I�rds of Collier County,Florida.
lying south of Blue Hill Creek.
SECTION THREE:CREATION AND ESTABLISHMENT OF THE DISTRICT
Pursuant to Section 125.01, Florida Statutes,;there is hereby created and established the
Goodland/Horn's Island Fire Control District. i
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SECTION FOUR!GOVERNING BOARD;POWERS AID DUTIES:
A. The governing board of the district shall be h Board of County Commissioners with the
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power and duty to conduct the affairs of the(district with the powers prescribed by Section
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125.01(I)(q),Florida Statutes,including,but not limited to,the power to equip,operate and
I
maintain fire department services within the district; to buy, lease, sell, exchange, or
otherwise acquire,hold and dispose of equipment and other personal or real property; AGE 7 TE}p,
employ and discharge employees and authorize tham. to eater upon private and pub c DEC i 5 1998
property at reasonable times to inspect, eorjtbat and investigate possible and actual --)1
�
Z d OZL8 VLL ',V6 N I VIOV OAS 12iOdd-S NOdd Nd 1 Z:V 8661—V4—Z1,
,
hazards and occurrences;to promulgate ruIs and regulations for the prevention and control
of fire and to otherwise protect persons and property within the district.
B. Upon adoption of the district budget by the 13oard it shall cause the budget to be recorded in
the Board minutes and shall cause to be le1ied on all property within the district a miliage
sufficient to fund the budgnot exceedin two mills- any one year to be assessed and
collected as though county taxes.
1
C. The Board of County Commissioners shall cause to be:
(1) Issued all warrants for services,equipment,materials end other expenses incurred by the
district and approved for payment by the;governing board.
(2) On or before the end of each fiscal year annual report of the receipts and expenditures
of the district as required by Chapter 218,Part II,Florida Statutes.
SECTION FIVE:CONSTRUCTION:
This Ordinance shall be liberally construed to eff ate its public purpose.
SECTION SIX:INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall become nd be made a part of the Code of Laws and
Ordinances of Collier County,Florida. The sections of the Ordinance may be renumbered or re-lettered
to accomplish such, and the word "ordinance" may be changed to "section," "article,' or any other
appropriate word.
SECTION SEVEN: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 p or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdicti n, such portion shall be deemed a separate,
distinct and independent provision and such holding shall of affect the validity of the remaining portion.
SECTION EIGHT:EFFECTIVE DATE 1 ,
•
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board;of County Commissioners of Collier County,
Florida,this day of 1998. I
ATTEST; BOARD F COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIE COUNTY,FLORIDA
BY: BY
BARBARA B.BERRY,Chairman
Approved as to form and legal sufficiency:
kati d 2K,--iii
David C.Weigel
County Attorney AGE NWa IT,fpt
No,,_
H:publidWardinasixd199S/Ooodiswi HohY island Fire Control Diain • DEC 1 5 1998
On 14
S 'd OZLB VLL 1.V6 N I HOV OAS idOddrIS HOdd WdZZ:1 8661,—VI—Z I
Collier County, Florida
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as as
[XX1 Normal Legal Advertisement ( ) Others
(Display Adv., Location, etc.)
Originating Dept./Div. County Attorney Person: Date:
(sign clearly)
Petition No. No Number. Ordinance - Isles of Capri and Ochopee Fire Impact Fee
Petitioner: (name & address) :
County Attorney's Office
Hearing before: (XXI BCC [ I BZA [ ] Other
Requested hearing date: 4/07/98 Based on advertisement appearing 10 days before hearing.
Newspaper(s) to be used: (complete only if important [ I, [X] Naples Daily News
or legally required [ I ( ] Other
Proposed Text: AN ORDINANCE TO BE KNOWN AS THE ISLES OF CAPRI AND OCHOPEE FIRE IMPACT FEE ORDINANCE; PROVIDING
DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN FIRE IMPACT FEE STUDY; PROVIDING FOR IMPOSITION
OF IMPACT FEES ON ALL FIRE SYSTEM IMPACT CONSTRUCTION OCCURRING WITHIN THE AREAS DESCRIBED AS THE ISLES OF CAPRI
AND OCHOPEE INCLUDING THE CITY OF EVERGLADES AND A PORTION OF CHOKOLOSKEE ISLAND; PROVIDING FOR PAYMENT AND
COLLECTION OF IMPACT FEES; DEFINING THE TERM FIRE SYSTEM IMPACT CONSTRUCTION; PROVIDING FOR PAYMENT AND USE OF
MONIES; PROVIDING FOR ALTERNATIVE FEE CALCULATION; PROVIDING FOR EXEMPTIONS AND VESTED RIGHTS IN CONNECTION WITH
IMPACT FEES; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING
WAIVERS AND DEFERRALS; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION
CREDIT; PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY THREE YEARS; DECLARING EXCLUSION FROM ADMINISTRATIVE
PROCEDURES ACT; PROVIDING FOR INDIVIDUAL CALCULATION OF IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
Companion petition(s), if any, & proposed hearing dates NONE
Does Petition Fee include advertising cost? Yes [ I No [x] If yes, what account should be charged for advertising
costs. 1 l\...1 1+1+3`D
Reviewed by: , f i�. Approved by:
Division Head ∎V '..te /1 C l (, County Manager Date
List Attachment:(1) ORDINANCE (2)Appendix A, Appendix B & Appendix C (3) Impact Fee Study
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. NOTE: If level document is involved be sur that env necessary legal
review, or request for same,_ is submitted to County Attorney before submitting to County Manager. The
Manager's Office will distribute copies:
I ] County Manager agenda file; [ ] Requesting Division; [ I Original to Clerk's Office
Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy
for file.
FOR CLERK'S OFFICE USE ONLY
DATE RECEIVED DATE ADVERTISED DATE OF P.H.
1
Isle of Capri Fire Distrist and Ochopee Fire District
Fire Impact Fee Study
1.0 Introduction
1.1 Purpose of Impact Fees
A primary rationale for implementing impact fees is to cause new growth
to pay for its own capital needs without burdening existing taxpayers.
State and federal subsidies for capital infrastructure are declining,
increasing the costs to local government and the local population. Impact
I fees help replace these subsidies so that new growth pays for the
infrastructure it needs.
11 Another rationale for implementing impact fees is to synchronize the
construction of new or expanded capital capacity with the construction of
new development. The collection of impact fees provides an alternative to
debt financing by providing a funding source for the new capital
infrastructure.
I Properly designed impact fees will also provide greater cost recovery from
development that is more expensive to serve. Standard flat fees or taxes
may result in lower cost development subsidizing higher cost
development. Impact fees can be designed to reduce or eliminate this
disparity by requiring development to pay for its full share of the cost of
capital infrastructure.
1.2 Assignment
Fishkind & Associates, Inc. has been contracted by Collier County to
develop a fire impact fee and methodology for the Isle of Capri and
Ochopee Fire Districts.
1
2.0 Capital improvements
2.1 Determining Quantity and Cost of Capital Improvements
Over time, new growth has, and will continue to demand, a proportionate
share of the services provided by the fire department. The development
of high-rise buildings in Isle of Capri will increase the concentration of
residents in the area and generate demand for a new fire station and
equipment. The specific type of development will also generate demand
for a specialized apparatus, an aerial truck.
II
t
The increased residential development outside of Everglades City in the
Ochopee Fire District, has and will continue, to generate demand for
another fire station.
Although there are no fire facility standards in the two fire districts, the
need for the additional fire stations and equipment are well documented
tby department staff. The value of the existing capital facilities and
equipment were provided by County Staff; the new fire facilities and
equipment has, when possible, been gathered from current sources.
Most of the current costs were provided by the Chiefs of the two fire
districts.
3.0 Proportionate Share e S are of Capital Costs
1 3.1 Purpose
The purpose in calculating the proportionate share of capital costs is
based upon the idea that: 1) new development should not impose a
financial burden on the community and 2) that new development should
not have to pay for existing deficiencies in the community.
3.2 Factors
There are several factors which must be considered in calculating the
proportionate share of capital costs. According to James Nicholas, et al in
the book "A Practitioner's Guide to Development Impact Fees," these
factors include:
The cost of existing facilities
The methods by which the existing capital improvements were
financed
The extent to which new developments have already contributed to
the cost of the existing capital improvements through taxes and
fees already paid
The extent to which new developments will pay for existing capital
improvements in the future through user fees, debt service
payments, or other payments toward the cost of existing capital
improvements
The extent to which new developments are required to construct
and/or dedicate capital improvements as conditions of
development or construction approval
Extraordinary costs, if any, in serving the new development
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The time-price of differential inherent in fair comparisons of amount
paid at different times.
The current value of the existing fire department capital improvements are
provided in
p Table 1. Ochopee Fire District's capital facilities and
equipment are valued at $663,235. Isles of Capri Fire District's capital
facilities and equipment are valued at $525,000. The majority of capital
equipment was acquired through lease/purchase agreements. The lease
payments have been paid through annual property tax assessments.
Due to the relatively low taxable value of raw land in Collier County, only a
small amount of the capital cost has been paid by undeveloped land
through past ad valorem collections. Due to the high incidence of brush
fires on vacant land in the County, any capital costs paid by vacant land
would have already been used for brush fire protection. Therefore, no
credit is deemed necessary for taxes already paid by vacant land owners
in years prior to development.
It is anticipated that property taxes funding the lease/purchase contract
will continue to be the primary financing source for capital equipment.
Therefore, new development should receive a credit for those future ad
valorem taxes. The extraordinary costs of providing a new fire station and
aerial truck in the Isle of Capri Fire District and two new fire stations in the
Ochopee Fire District are primary reasons for the implementation of this
fire impact fee.
4.0 Calculation of Fire Impact Fee
4.1 Projected Capital Costs
The projected capital requirements for Ochopee and Isle of Capri fire
districts are provided in Table 2. The Ochopee fire district has a projected
additional capital cost of $772,800 to cover the capital facilities and
equipment necessary for new growth. The Isle of Capri Fire District has a
projected additional capital cost of $779,600 to cover the capital facilities
and equipment necessary for new growth. The total future capital cost is
$1,552,400.
4.2 Residential : Commercial Ratio
The second step in the impact fee calculation is to allocate the projected
capital costs between residential and commercial users. A review of calls
for service data showed that calls for service by the fire department were
allocated approximately 60 percent to residential and 40 percent to
commercial. Therefore, it is reasonable to allocate 60 percent of the costs
to residential development and 40 percent of the costs to commercial
I development.
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4.3 Current Level of Service Calculation
The calculation of the current level of service is provided in Table 3. After
depreciation, the value of the current capital facilities and equipment is
$831,765. Using the 60:40 ratio, $499,059 of the current value is
allocated to existing residential development, and $332,706 is allocated to
existing commercial development. With 1,727 residential units and
551,646 square feet of commercial development, the current level of
service is:
$288.97 per residential unit and
$ 0.60 per square foot of commercial space.
4.4 Residential Development
Population projections for both fire districts were provided by the Collier
County Comprehensive Planning Section These figures were divided by
the number of years (10) to obtain the average population increase per
year. This average annual increase was used to calculate a population
increase of 3,853 by the year 2020.
The number of households was calculated by dividing the 2020 population
projection by the average household size. Since the two fire districts have
large seasonal population fluctuations, and the average household size
has been declining, 2 people per household was used as the divisor. The
total increase in households was calculated to be 1,926 units (Table 4).
These 1,926 units were divided into the residential capital cost of
$835,560 to get a gross impact fee of$433.78.
4.4 Commercial Development
No commercial development projections were available from the
comprehensive planning department. Therefore, a ratio between the
current number of commercial square feet and the current number of
households was created. This ratio was used to project an increase in
commercial square feet of 615,291 by 2020 (Table 4).
By dividing the commercial capital cost of $557,040 by the projected
number of square feet provides a gross impact fee of $0.91 per square
foot of commercial development.
1
Table 3:
Isle of Capri & Ochopee Fire Districts
Current Cost per Unit Calculation
Residential Commercial
Calls for Service Percent o
60% 40%
Total Gross Capital Value $1,188,235
Depreciation $356.471
Total Net Capital Value $831,765 $499,059 $332,706
Total Residential Units 1,727
Total Commercial Sq Ft 551,646
I Gross Cost per Unit $288.97 $0.60
I
Current Level of Service Cost/Unit $288.97 $0.60
I
Assumptions:
No current excess capacity
Vehicle calls, brush fires and marine activities not included
Costs based upon existing capital inventory less depreciation
Commercial Square Feet includes capmgrounds, hotels and motels
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I4.5 Credits for Future Payments
It is anticipated that all property owners will continue to pay an ad valorem
tax to cover the existing and replacement lease/purchase equipment.
Therefore, a credit for these future payments must be deducted from the
gross impact fee calculation. The present value of the current annual
lease payment of $28,000 is calculated and then allocated to residential
and commercial development by the calls for service ratio (Section 4.2
and Table 4). The credit for residential development is $116.21 per unit
and the credit for commercial development is $0.24 per square foot.
4.6 Net Impact Fee
After the credit for future payments, the calculated net impact fee for
residential development is $317.56 per unit. The net impact fee for
commercial development is $0.66 per square foot. Since much of the
demand for additional fire department facilities and equipment is created
by the location of development rather than the amount of additional
development, it is recommended that impact fees be established at the
current level of service value of $288.97 per residential unit and $0.60 per
square foot of commercial development.
4.7 Extraordinary Capital Costs - High-Rise Development Add-On Fee
High-rise development, three stories and higher, creates a unique
demand on the fire departments. An aerial truck is required to properly
fight fires in high-rise buildings. The cost of an aerial truck (approximately
$309,000) is significantly higher than the standard pumper by about
$159,000. This impact fee model assumes that: 1) the base cost (the
cost of a pumper truck) would be covered by all development, but the
additional cost of the aerial truck ($159,000) would be covered only by
high-rise development; and 2) that the aerial a truck could u d be used to
respond to calls at low-rise and high-rise development.
The Isle of Capri fire district currently has approximately 386 high-rise
units. Assuming that there are 5 lots available for 20-story high-rise
buildings of 125 units each, there will be an additional 625 high-rise units
constructed.
It would be inappropriate to charge the 625 units for the total incremental
price of the aerial truck. Therefore, the $159,000 incremental cost is
divided by all 1,011 high-rise units. The additional aerial truck fee will be
$157.27 per high-rise unit.
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1 . .
Table 4:
I Isle of Capri& Ochopee Fire Districts
Impact Fee Calculation
lResidential Commercial
Calls for Service Percent 60% 40%
ITotal Capital Cost for New Growth $1,552,400
Less Aerial extra cost $159,000
Total Net Capital Cost $1,392,600 $835,560 $557,040
IGross Cost per Unit $433.78 /unit
$0.91 /sq. ft.
ICredits for Future Payments (8%,20 yrs.) $116.21 /unit $0.24 /sq. ft.
Calculated Net Impact Fee $317.56 /unit $0.66 /sq.ft.
Existing Level of Service Value $288.97 /unit $0.60 /sq. ft.
Proposed Net Impact Fee $288.97 /unit $0.60 /sq.ft.
Estimated High-Rise Units 1,011
Current High-Rise Units 386
Future High-Rise Units 625
Cost of Aerial $309,000
Cost of Pumper $150.000
Excess Cost of Aerial $159,000
Additional Fee for High Rise Residential: $157.27 /unit
Population Growth thru 2020
Isle of Capri Population Growth 2,017 (Based on Collier County Comprehensive Planning 2007 projections)
Ochopee Population Growth 1.835 (Based on Collier County Comprehensive Planning 2007 projections)
Total Population Growth 3,853
New Residential Units thru 2020
Isle of Capri Residential Units 1,009
Ochopee Residential Units
Total New Units 1,926 units 615,291 sq. ft.
Assumptions:
No current excess capacity
Vehicle calls, brush fires and marine activities not included
Existing level of service requirements equal existing capital costs less depreciation
Commercial square feet includes capmgrounds, hotels and motels
Population Growth includes seasonal population
People per Household: 2.0
Projected Commercial Sq Ft/HH (551,646/1,747 319
Projected capital improvements/acquisitions are part of County Comprehensive Plan
4.8 Assumptions and Disclosures
1. This impact fee methodology assumes that there is a nexus between
the County's Comprehensive Land Use Plan, Capital Improvement
Program and the proposed impact fees. These plans typically provide the
basis for establishing the need for new capital infrastructure.
2. This impact fee methodology assumes that there is not any existing
excess capacity that can adequately respond to new development.
3. This impact fee methodology does not make use of any existing facility
or level of service standards. The lack of standards prevents the
determination of existing shortfalls or excess capacity.
4. New capital requirements were tied to the current level of service and
may be deficient or may exceed future demand generated from new
growth.
5. This impact fee methodology assumes that all residential development
has the same impact on the fire department. No calls for service data
was available to distinguish between single family, multifamily, and mobile
homes.
6. This impact fee methodology assumes that all commercial
development has the same impact on the fire department. No calls for
service data was available to distinguish between the different types of
commercial property.
7. No data was available for number of hotel units so they are included as
commercial square feet.
8. This impact fee methodology assumes that the rescue boat operated
by the Isle of Capri Fire District benefits the entire county and should not
be part of this district's impact fee schedule.
•
ORDINANCE NO. 98 -
AN ORDINANCE TO BE KNOWN AS THE ISLES OF CAPRI AND
OCHOPEE FIRE IMPACT FEE ORDINANCE; PROVIDING
DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS;
ADOPTING A CERTAIN FIRE IMPACT FEE STUDY; PROVIDING FOR
IMPOSITION OF IMPACT FEES ON ALL FIRE SYSTEM IMPACT
CONSTRUCTION OCCURRING WITHIN THE AREAS DESCRIBED AS
THE ISLES OF CAPRI AND OCHOPEE INCLUDING THE CITY OF
EVERGLADES AND A PORTION OF CHOKOLOSKEE ISLAND;
PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES;
DEFINING THE TERM FIRE SYSTEM IMPACT CONSTRUCTION;
PROVIDING FOR PAYMENT AND USE OF MONIES; PROVIDING FOR
ALTERNATIVE FEE CALCULATION; PROVIDING FOR EXEMPTIONS
AND VESTED RIGHTS IN CONNECTION WITH IMPACT FEES;
PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN
SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING WAIVERS
AND DEFERRALS; PROVIDING INTEREST TO BE PAID ON CERTAIN
REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT;
PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY
THREE YEARS; DECLARING EXCLUSION FROM ADMINISTRATIVE
PROCEDURES ACT; PROVIDING FOR INDIVIDUAL CALCULATION OF
IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
ARTICLE I
GENERAL
Section 1.01. Definitions
When used in this Ordinance, the following terms shall have
the following meanings, unless the context clearly indicates
otherwise:
"Accessory Building or Structure" shall mean a detached,
subordinate building, the use of which is clearly indicated 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 of this
Ordinance.
"Alternative Fire Impact Fee Study" shall mean a study
prepared by an Applicant or Owner and submitted to the County
Manager pursuant to Section 2.04.
"Alternative 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.
- 1 -
'• "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 for the support, shelter or enclosure of
Persons, chattels or property of any kind, or any other
improvement, use, or structure which creates or increases the
potential demand on the Fire Services System. This term shall
include tents, trailers, mobile homes or any vehicles serving in
any way the function of a Building. This term shall not include
temporary construction sheds or trailers 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 buildings, 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 subdivision
of the State of Florida.
"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
Person.
"Dwelling Unit" shall mean a Building or portion of a
Building designed for or whose primary purpose is for residential
occupancy, and which consists of one or more rooms which are
arranged, designed or used as living quarters for one or more
persons.
"Encumbered" shall mean moneys committed by contract 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.
- 2 -
• "Fire Director" shall mean the Person appointed by the Board
or the County Manager to supervise the administration, operation
and requisition of the Fire Services System or the designee of
such person.
"Fire District Area" shall mean those areas known as the
Isles of Capri and Ochopee including the City of Everglades and a
portion of Chokoloskee Island as described on Appendix "C".
"Fire Impact Fee Study" shall mean the study adopted
pursuant to Section 1.04, as amended and supplemented pursuant to
Section 3.09.
"Fire 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 incapacitated upon the
streets, highways, waterways or airways of Collier County.
"Fire System Impact Construction" shall mean land
development construction designed or intended 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 Fire Services System.
"Florida Local Government Development Agreement Act" shall
mean the provisions of Sections 163.3220 through 163.3243,
Florida Statutes, 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 Fire System Impact Construction under the applicable
Impact Fee land use category established in the schedules
incorporated in Section 2.01 of this Ordinance.
"Local Government Comprehensive Planning and Land
Development Regulation Act" shall mean the provisions of Part II,
Chapter 163, Florida Statutes, as amended or supplemented, or its
successor in function.
"Mixed Use Fire System Impact Construction" shall mean a
Fire 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
- 3 -
subordinate to or dependent on other enterprises within the Fire
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 use provided for in the County's zoning regulations and
Comprehensive Plan.
"Owner" shall mean the Person holding legal title to the
real property upon which Fire System Impact Construction is to
occur.
"Person" shall mean an individual, a corporation, a
partnership, an incorporated association, trust, or any other
entity.
"Residential" shall mean apartments, condominiums, Mobile
Homes, Single Family Detached Houses or adult congregate living
facilities, as those terms are defined by Section 400.402,
Florida Statutes.
"Single Family Detached House" shall mean a home on an
individual lot.
"Square Footage" shall mean the gross area measured in feet
from the exterior faces of exterior walls or other exterior
boundaries of the Building.
Section 1.02. Rules of Construction
For the purposes of administration and enforcement of this
Ordinance, unless otherwise stated in this Ordinance, the
following rules of construction shall apply:
A. In case of any difference of meaning or implication
between the text of this Ordinance and any caption, illustration,
appendix, summary table, or illustrative table, the text shall
control.
B. The word "shall" is always mandatory and not
discretionary and the word "may" is permissive.
C. Words used in the present tense shall include the
future; and 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.
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�• 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 that 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 term to the
specific example but is intended to extend its meaning to all
other instances or circumstances of like-kind or character.
Section 1.03. Findings
It is hereby ascertained, determined and declared that:
A. Future growth represented by Fire System Impact
Construction should contribute its fair share to the cost of
improvements and additions to the Fire Services System that are
required to accommodate the use of such facilities by such
growth.
B. Implementation of the Impact Fee structure to require
future Fire System Impact Construction to contribute its fair
share of the cost of improvements and additions to the Fire
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 Fire Services System,
as determined in the Fire Impact Fee Study, is hereby approved
and adopted by the County and found to be in conformity with the
Comprehensive Plan.
D. Fire Services System planning is an evolving process
and the standards of service in the Fire District Area for the
Fire 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
- 5 -
is the intent of the Board that the standard of service for the
Fire Services System and the Impact Fee imposed be reviewed and
adjusted periodically, pursuant to Section 3.09, to insure that
the Impact Fees are imposed equitably and lawfully, based upon
actual and anticipated growth at the time of their imposition.
E. The imposition of the Impact Fee is designed and
intended to provide a source of revenue to fund the construction
or improvement of the Fire Services System necessitated by growth
as delineated in the capital improvement element of the
Comprehensive Plan.
F. The Board specifically finds that fire services benefit
the residents of the areas known as Isles of Capri and Ochopee
including the City of Everglades and a portion of Chokoloskee
Island and, therefore, the Impact Fees shall be imposed in areas
known as Isles of Capri and Ochopee including the City of
Everglades and a portion of Chokoloskee Island.
G. This Ordinance shall not be construed to permit the
collection of Impact Fees from Fire System Impact Construction in
excess of the amount reasonably anticipated to offset the demand
on the Fire Services System generated by the Fire System Impact
Construction occurring subsequent to the effective date of this
Ordinance.
H. All improvements and additions to the Fire Services
System needed to eliminate any deficiency between the existing
Fire Services System and 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 Impact Fee
shall be utilized only for the acquisition of improvements and
additions to the Fire Services System which are necessitated by
Fire System 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 Fire Services System,
required to accommodate future growth, shall be funded by the
revenue derived from the Impact Fees. Therefore, credit shall be
given for tax revenue sources which have been utilized in prior
years for the funding of Fire Services System improvements or
additions. In the event that this policy is altered by the
subsequent action of the Board, or if additional revenue is
received and committed for growth-necessitated improvements and
- 6 -
'• additions of the Fire Services System, the Impact Fee shall be
adjusted at the periodic 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 Fire
Services System.
J. The provisions in this Ordinance relative to developer
contribution credit represent an innovative land development
regulation which the Local Government Comprehensive Planning and
Land Development Regulation Act encourages local government to
employ via its land development regulations.
Section 1.04. Adoption of Impact Fee Study and Comprehensive
Plan.
The Board hereby adopts and incorporates by reference the
study entitled "Isle of Capri Fire District and Ochopee Fire
District Fire Impact Fee Study dated July 30, 1997.",
particularly the assumptions, conclusions and findings in such
study as to the determination of anticipated costs of additions
to the Fire Services System required to accommodate growth. The
Board further incorporates by reference the Comprehensive Plan as
it relates to the improvements and additions to the Fire Services
System.
ARTICLE II
IMPACT FEE
Section 2.01. Imposition
A. All Fire System Impact Construction occurring within
the Fire District Area shall pay an Impact Fee in accordance with
the schedule shown on Appendix B of this Ordinance.
B. The Board hereby adopts the Impact Fees incorporated
within Appendix B which shall be imposed upon all Fire System
Impact Construction occurring within the County.
C. The Impact 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 Fire Services
System.
Section 2.02. Payment
A. Except as otherwise provided in this Ordinance, prior
to the issuance of a Building Permit, an Applicant shall pay the
appropriate Impact Fee as set forth in Section 2.01.
- 7 -
• 1. If the Fire System Impact Construction is located
within the unincorporated area of the County, the Impact Fee
shall be paid directly to the County.
2. If the Fire 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 Fire 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 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 Impact Fee shall run
with the land.
C. In the event that a Building Permit that was issued for
Fire System Impact Construction expires prior to completion of
the Fire System Impact Construction for which it was issued, the
Applicant may within ninety (90) days of the expiration of the
Building Permit apply for a refund of the Impact Fee.
1. The application for refund shall be filed with the
County Manager and contain the following:
a. The name and address of the Applicant;
b. The location of the property which was the
subject of the Building Permit;
c. The date the Impact Fee was paid;
d. A copy of the receipt of payment for the
Impact Fee; and
e. The date the Building Permit was issued and
the date of expiration.
2. After verifying that the Building Permit has
expired and that the Fire System Impact Construction has not
been completed, the County Manager shall refund the Impact
Fee paid for such Fire System Impact Construction.
3. A Building Permit which is subsequently issued for
Fire System Impact Construction on the same property which
was the subject of a refund shall pay the Impact Fee as
required by Section 2.01.
- 8 -
Section 2.03. Use of Monies
A. The Board hereby establishes a separate trust account
for the Impact Fees, to be designated as the "Fire Impact Fee
Trust Account" which shall be maintained separate and apart from
all other accounts of the County. All such Impact Fees shall be
deposited into such trust account immediately upon receipt.
B. The monies deposited into the Fire Impact Fee Trust
Account shall be used solely for the purpose of providing growth-
necessitated construction improvements and additions to the Fire
Services System including, but not limited to:
1. Design or construction plan preparation;
2. Permitting and fees;
3. Land acquisition including any costs of
acquisition or condemnation;
4. Construction and design of Fire Services System
Buildings, facilities or improvements and additions thereto;
5. Design and construction of drainage facilities
required by the construction of Fire Services System
Buildings, facilities or improvements and additions thereto;
6. Relocating utilities required by the construction
of Fire Services System Buildings, facilities or
improvements and additions thereto;
7. Landscaping, incident to or necessitated by the
expansion of the Fire Services System Buildings, facilities
or improvements and additions thereto;
8. Construction management or inspection;
9. Surveying, soils and material testing;
10. Acquisition of apparatus or equipment necessary to
expand the Fire Services System;
11. Repayment of monies transferred or borrowed from
any budgetary fund of the County, including monies borrowed
subsequent to the adoption of this Ordinance which were used
to fund construction, acquisition of improvements and
additions to the Fire 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 Fire Services System; and
13. Waiver or Deferral of Impact Fees due an Applicant
pursuant to Section 3.05.
- 9 -
• 14. To the extent provided by law, reimbursement of
costs incurred in the preparation of the Impact Fee Study
adopted pursuant to Section 1.04 and any amendments or
supplements adopted pursuant to Section 3.09 and any other
administrative costs incurred by the County.
C. Funds on deposit in the Fire 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 Fire System Impact Fee
Trust Account shall be used solely to provide improvements and
additions to the Fire Services System required by growth-
generated by Fire System Impact Construction as identified in the
Fire Impact Fee Study.
E. Any funds on deposit which are not immediately
necessary for expenditure shall be invested by the County. All
income derived from such investments shall be deposited in the
Fire Impact Fee Trust Account and used as provided herein. To
the extent permitted by law, any interest accrued on Impact Fees
which is not needed for improvements and additions to the Fire
Services System may, at the discretion of the Board, be used to
fund waivers or deferrals of Impact Fees pursuant to Section 3.05
of this Ordinance.
F. The Impact Fee collected pursuant to this Ordinance
shall be returned to the then current Owner of the property on
behalf of which such fee was paid if such fees have not been
expended or encumbered prior to the end of the fiscal year
immediately following the 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 Impact Fee.
2. The petition for refund shall be submitted to the
County Manager, on a form approved by the County Manager,
and shall 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;
- 10 -
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 to 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
Fire Services System.
Section 2.04. Alternative Fee Calculation
A. In the event an Applicant or Owner believes that the
impact to the Fire Services System necessitated by his Fire
System Impact 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 Fire System Impact Construction, submit
a calculation of an Alternative Impact Fee to the office of the
County Manager pursuant to the provisions of this Section.
B. Upon timely submission of an Alternative Impact Fee
calculation, the basis therefor and receipt of the Alternative
Impact Fee, the County Manager shall schedule a hearing before
the Board at a regularly scheduled meeting or a special meeting
- 11 -
• called for the purpose of reviewing the Alternative Impact Fee
and shall provide the petitioner written notice of the time and
place of the hearing. Such hearing shall be held within thirty
(30) days of the date the Alternative Impact Fee was submitted.
C. The Alternative Impact Fee calculation shall be based
on data, information or assumptions contained in this ordinance
and the Fire 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 Impact Fee calculation
process, an acceptable Alternative 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 Fire Services System
impact of such previously approved Fire System Impact
Construction shall be presumed to be as described in the prior
study. In such circumstances, an Alternative 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 independent 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
Alternative Impact Fee complies with the requirements of this
Section and that the Alternative Impact Fee was calculated by the
use of a generally-accepted methodology, then the Alternative
Impact Fee shall be paid in lieu of the fee set forth in Section
2.01.
F. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the
Alternative Impact Fee does not comply with the requirements of
this Section or is otherwise not equitable or that the
Alternative Impact Fee was not calculated by the use of a
generally-accepted methodology, then the County shall provide to
the Applicant by certified mail, return-receipt requested,
- 12 -
written notification of the rejection of the Alternative Impact
Fee and the reason therefor.
G. At the sole discretion of the Board, the alternative
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 Impact Fee or Alternative Impact Fee study
by either County staff or outside consultants. The final
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 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 Impact Fee is submitted, the
applicable 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.
ARTICLE III
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
associated therewith.
2. The construction of publicly-owned governmental
buildings.
3. The issuance of a tie-down permit on a Mobile Home
on which applicable Impact Fees have previously been paid.
Section 3.02. Changes of Size and 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 of Dwelling
Units; (2) increase the square footage; or (3) change the land
- 13 -
• use so as to constitute a different Impact Fee 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 and not
square footage, the Impact Fees imposed shall be 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 that would be imposed under the
applicable Impact Fee Rate for the Impact Fee land use category
prior to the alteration, 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.
Section 3.03. Vested Rights
A. Any Owner of land which was the subject of a
development order prior to the effective date of this Ordinance
may petition the Board for a vested rights determination which
would exempt the Owner from the provisions of this Ordinance.
Such petition shall be evaluated by the County Attorney 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 determination 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 purposes 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:
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• a. Whether 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 determination
as to whether the Owner has a vested right and, if so, whether
the vested right would exempt the Owner from the provisions of
this Ordinance.
C. 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. Any written 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 imposition of 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 increase the amount of Fire System Impact Construction
permitted on the property, that such additional Fire System
Impact Construction shall be required to pay the 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 this
Section, no interest shall be paid upon the return of Impact
Fees.
Section 3.05. Affordable Housing
A. Pursuant to the guidelines established in this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of the Impact Fee for any new owner-occupied or rental
Fire System Impact Construction which qualifies as Affordable
Housing under Appendix A of this Ordinance.
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'• 1. Any person seeking an Affordable Housing waiver or
deferral for proposed Fire System Impact Construction shall
file with the County Manager an application for waiver or
deferral, prior to receiving a Building Permit for the
proposed Fire System Impact Construction. The application
for waiver or deferral shall contain the following:
a. The name and address of the Owner;
b. The legal description of the Residential
property upon which the Fire System Impact Construction
shall be constructed;
c. The income level of the Owner or if the Owner
is a builder, the income level of the household to
which the Dwelling Unit will be sold or rented;
d. The number of bedrooms in each Dwelling Unit
of the Fire System Impact Construction.
2. If the proposed Fire System Impact Construction
meets the requirements for an Affordable Housing waiver or
deferral as set forth in this Section, then the County
Manager shall issue an Impact Fee waiver or deferral, as
applicable, to the Owner or Applicant. The Impact Fee
waiver or deferral shall be presented in lieu of payment of
the Impact Fee pursuant to Section 2.02.
B. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
1. The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
level, at the time of issuance of the Impact Fee waiver or
deferral, as those terms are defined in Appendix A and the
monthly payment to purchase the unit must be within the
Affordable Housing guidelines established in Appendix A. A
Dwelling Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effect at the date of
issuance of the Impact Fee waiver or deferral or within
thirty (30) days thereof, and within twenty-four (24) months
from the date of issuance of the certificate of occupancy or
the execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the purchaser
takes ownership of the Dwelling Unit. If the purchaser
fails to purchase the Dwelling Unit within the twenty-four
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(24) month period, then the waived or deferred Impact Fee
must be immediately repaid unless the Dwelling Unit is sold
to another qualifying Owner.
2. The Owner, or if there is more than one Owner, one
of the Owners, must be a first-time home buyer. To qualify
as a first-time home buyer, the Owner must not have had an
ownership interest in his/her primary residence in the past
three (3) years.
3. The Dwelling Unit must be the homestead of the
Owner(s) .
4. The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the Impact
Fee is repaid to the County.
C. To qualify for an Impact Fee deferral, a Dwelling Unit
offered for rent must meet all of the following criteria:
1. The household renting the Dwelling Unit must have
a very low or low income level, at the commencement of the
leasehold and during the duration thereof, as those terms
are defined in Appendix A and the amount of rent must be
within the Affordable Housing guidelines established in
Appendix A.
2. The Dwelling Unit must be the household's
permanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Units at the time the Building Permit was issued shall become due
and payable and shall be immediately repaid to the County upon
the sale of the Dwelling Unit to a non-qualified purchaser;
provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing trust fund.
For purposes of this Section 3.05, a non-qualified purchaser is a
Person who does not satisfy the Affordable Housing criteria set
forth in subsection B above or a Person who does not agree to the
terms of the waiver or deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
shall be immediately repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen (15)
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• years from the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Any Impact Fees waived for an owner-occupied Dwelling
Unit at the time a Building Permit was issued shall become due
and payable and shall be immediately repaid to the County if the
Dwelling Unit is sold or transferred to a non-qualified purchaser
during the fifteen (15) year period after the certificate of
occupancy is issued for the Dwelling Unit. If the Impact Fee
waiver was paid with State Housing Initiatives Partnership [SHIP]
Program funds, repayment will be made to the Collier County
affordable housing trust fund. If the Dwelling Unit is used as
Affordable Housing in compliance with Section 3.05 of this
Ordinance for fifteen (15) years after the date the certificate
of occupancy is issued for the Dwelling Unit, the Impact Fees are
no longer due and the lien on the Dwelling Unit shall be
released.
G. The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an owner-occupied
or rental Affordable Housing Dwelling Unit shall be the
percentage set forth in Appendix A. The Impact Fees waived or
deferred shall be a lien on the property until all requirements
under this Section have been satisfied.
H. (1) Annually, the Owner of a rental Dwelling Unit shall
provide to the County Manager an affidavit of compliance with the
criteria set forth in this Section. An affidavit must be filed
within thirty (30) days of the anniversary date of the issuance
of a certificate of occupancy. If the income of any unit renter
which originally qualified as very low or low income level as
defined in Appendix A exceeds the Affordable Housing benefit
standards set forth in Appendix A by more than forty percent
(40%) , then the deferred Impact Fee shall become immediately due
and payable by the Owner or, in the alternative, the Owner shall
have ninety (90) days to comply with the Affordable Housing
standards set forth in Appendix A.
(2) If the household income of the qualified
owner-occupied Dwelling Unit rises above the benefit standards
for waivers and deferrals set forth in Appendix A, the Owner
shall maintain the waiver and/or deferral. Notwithstanding the
foregoing, all outstanding Impact Fees waived or deferred shall
be repaid in full upon sale or transfer of the Dwelling Unit to a
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• non-qualified purchaser, except for waived Impact Fees where the
Owner has complied with the Affordable Housing criteria set forth
in this Section 3.05 for fifteen (15) years after the issuance of
the certificate of occupancy.
I. The Owner receiving an Impact Fee waiver or deferral
shall enter into an impact fee agreement with the County which
agreement shall provide for, at a minimum, the following and
shall further include such provisions deemed necessary by the
Board to effectuate the provisions of this Section:
1. The legal description of the Dwelling Unit.
2. Where an Impact Fee waiver or deferral is given to
an Owner who will be selling or renting the Dwelling Unit to
a subsequent purchaser or renter, the Fire System Impact
Construction must be sold or rented to households meeting
the criteria set forth in this Section in order to maintain
the waiver or deferral. Impact Fee waivers or deferrals
paid for with State Housing Initiatives Partnership [SHIP]
Program funds will only be granted directly to buyers
meeting Appendix A qualifications and approval prior to
Building Permit issuance. A Dwelling Unit shall qualify as
owner-occupied if a lease-purchase agreement is in effect at
the date of issuance of the Impact Fee waiver or deferral or
within thirty (30) days thereof, and within twenty-four (24)
months from the date of issuance of the certificate of
occupancy or the execution of the lease-purchase agreement,
whichever is later, the option to purchase is exercised and
the purchaser takes ownership of the Dwelling Unit. If the
purchaser fails to purchase the Dwelling Unit within the
twenty-four (24) month period, then the waived or deferred
Impact Fee must be repaid immediately unless the Dwelling
Unit is sold to another qualifying Owner.
3. For owner-occupied Dwelling Units, the amount of
Impact Fees deferred shall be repaid to the County upon the
sale or transfer to a non-qualified purchaser. If Impact
Fees were paid with State Housing Initiatives Partnership
[SHIP] Program funds, repayment will be made to the Collier
County affordable housing trust fund. For rental units, the
Impact Fees deferred shall be repaid upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen
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.•
(15) years from the issuance of a certificate of occupancy,
whichever occurs first.
4. For owner-occupied Dwelling Units where Impact
Fees have been waived, the Dwelling Unit must be utilized by
the original qualifying Owner, or subsequent qualifying
purchaser, as Affordable Housing in compliance with Section
3.05 of this Ordinance for a fifteen (15) year period after
the certificate of occupancy is issued and if the Dwelling
Unit is sold to a non-qualifying purchaser, the Impact Fees
shall be repaid to the County. If Impact Fees were paid
with State Housing Initiatives Partnership [SHIP] Program
funds, repayment will be made to the Collier County
affordable housing trust fund.
5. The deferred and/or waived Impact Fees shall be a
lien on the property which lien may be foreclosed upon in
the event of non-compliance with the requirements of the
agreement. The agreement described herein shall operate as
a lien against the Dwelling Unit. The lien shall terminate
upon the recording of a release or satisfaction of lien in
the public records of Collier County. In the case of a
waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or
upon repayment in full. In the case of a deferral, such
release shall be recorded upon repayment in full.
6. Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of
compliance with the criteria set forth in Section 3.05(H) .
An affidavit must be filed within thirty (30) days of the
anniversary date of the issuance of a certificate of
occupancy. If the income of any unit renter which
originally qualified as very low or low income level as
defined in Appendix A exceeds the Affordable Housing benefit
standards set forth in Appendix A by more than forty percent
(40%) , then the deferred Impact Fee shall become immediately
due and payable by the Owner or, in the alternative, the
Owner shall have ninety (90) days to comply with the
Affordable Housing standards set forth in Appendix A.
7. Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
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documentation evidencing same, including, but not limited
to, a release of lien.
8. In the event the Owner is in default under this
agreement, and the default is not cured within thirty (30)
days after written notice is provided to the Owner, the
Board may bring a civil action to enforce the agreement.
The Board shall be entitled to recover all fees and costs,
including attorney's fees and costs, incurred by the Board
in enforcing this agreement, plus interest at the statutory
rate for judgments calculated on a calendar day basis until
• paid.
9. The agreement shall be binding upon the Owner's
successors and assigns.
10. The agreement shall be recorded in the Official
Records of Collier County.
J. The amount of Impact Fee waivers and deferrals granted
pursuant to this Section shall be limited, in total, to the
amount appropriated by the Board at its final public hearing
regarding the adoption of the annual County budget and the amount
allocated to Impact Fee waivers or deferrals in the Collier
County Housing Assistance Plan, as established by County
Ordinance No. 93-19. All Impact Fees waived or deferred shall be
paid by the Board into the Fire Impact Fee Trust Account within
six (6) years from the date of the award of a waiver and/or
deferral as provided herein, but in no event, later than that
time when that amount is needed for a project funded by those
Impact Fees waived or deferred. The Board shall pay into the
Fire Impact Fee Trust Account such amounts equal to any Impact
Fees previously waived or deferred by the Board, within six (6)
years from the date of such waiver or deferral, but in no event,
later than the time such amounts are needed for a project funded
by those Impact Fees waived or deferred. Waivers and deferrals
shall be issued in the order that completed qualifying
applications are received by the County Manager. At least forty
percent (40%) of the amount budgeted for Impact Fee waivers
and/or deferrals must be utilized to fund Impact Fee waivers
and/or deferrals for single family owner-occupied Dwelling Units
serving the very low and low income levels.
K. Any changes or amendments to Appendix A or the minimum
funding requirements adopted in this Section must occur as an
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,• ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or deferral shall be
granted for a Fire System Impact Construction project which
consists of a Mobile Home.
M. Notwithstanding any provisions elsewhere in this
Ordinance to the contrary, any Owner that develops an Affordable
Housing rental apartment complex consisting in whole or part of
Dwelling Units serving very low and/or low income levels and
meeting all requirements, and subject to all conditions, of
Section 3.05 shall be entitled to defer one hundred percent
(100%) of the Impact Fees applicable only to such rental Dwelling
Units serving very low and/or low income levels if: (i) all such
deferred Impact Fees are paid on or before the end of six (6)
years from the date such Impact Fees are deferred; and (ii) the
rental apartment development shall remain Affordable Housing
qualified (under Section 3.05 of this ordinance) for a minimum of
15 years.
N. The Board, in its discretion, may agree by Resolution
to subordinate its lien for Impact Fees to a primary lender
and/or government funded affordable housing loan such as SAIL or
HOME loan if Owner can demonstrate that a subordination is
necessary to obtain financing and, in the case of rental Dwelling
Units, if the Owner provides additional security satisfactory to
the County such as additional or substitute collateral in the
form of cash or cash equivalent financial instruments which will
yield the full amount of the deferred impact fees at the
expiration of the period of the deferral. However, the Board in
its discretion may waive the requirement of additional or
substitute collateral for rental Dwelling Units if the Owner or
the general partner of Owner is a not-for-profit corporation or
organization and the Dwelling Units to be constructed are
detached single family houses. The Board in exercising its
discretion shall consider the debt to equity ratio and the equity
on the Dwelling Units available to cover the County's subordinate
lien interest.
Section 3.06. Alternative Collection Method
In the event the 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 Fire System
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'• Impact Construction, the County shall proceed to collect the
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 records
maintained by the Property Appraiser of the 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 site.
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 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 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 of the notice of impact fee
statement, by making application to the office of the County
Manager.
3. The 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 Impact Fee shall be
subject to the imposition of interest on the unpaid amount
until paid.
5. In the event the 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 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
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l• paid and received by the County, nor has the Owner properly
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 delinquent if not paid within
thirty (30) days from the date 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 paid.
C. Should the 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 Impact Fee has caused
the County to file a notice of claim of lien with the Clerk of
the Circuit Court.
D. Upon mailing 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 lien 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
expeditiously 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 Impact Fee, interest due, and any recording
- 24 -
,• expenses. Said notice of satisfaction of claim of lien shall
reflect the appropriate recording information shown on the
previously recorded notice of claim of lien.
F. After the expiration of one year from the date of
recording 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 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, 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 collection and enforcement procedures set forth in
this Section shall be cumulative with, supplemental to and in
addition to, any applicable procedures provided in any other
ordinances or administrative 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 regulation of the
County or any applicable law or administrative regulation of the
State of Florida.
Section 3.07. Developer Contribution Credit
A. The County may enter into a contribution agreement with
a developer which grants a credit against Impact Fees imposed by
Section 2.01 in exchange for certain donations of land, apparatus
or equipment, or for the construction or installation of certain
Fire Services System Buildings, facilities or improvements and
additions thereto. Such land donation, construction, 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 Fire Services System expansion.
- 25 -
• 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 appraisal 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 Fire
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 Fire
Services System identified in a contribution agreement
between the Owner and the Board. Upon adjustment of the
value of the developer's contribution, 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%) of the
initial estimate of costs for contributions to the Fire
Services System identified in the contribution agreement
shall be actually applied or used in the calculation of
available credit against Impact Fees.
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
- 26 -
• of the County. All 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 Fire Services System. The
proposed plan and estimates shall include:
1. A designation and description of the Fire 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 Fire 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) processing,
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 Fire 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 Fire Impact Fee Trust
Account in such a way as to frustrate or interfere with
- 27 -
other planned or ongoing growth necessitated capital
improvements and additions to the Fire 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 Fire 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
contribution 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 Fire System Impact
Construction lands subject to the agreement.
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 construction
or from the date of donation, but in no event shall the
duration exceed seven years, exclusive of any moratoria,
from the date of recording in the Official Records.
- 28 -
'• 5. A description of the contributions to the Fire
Services System 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 agreement
shall not be construed or characterized as a development
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 construction
or installation of the improvements 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 of 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 Fire System Impact Construction lands and shall be
reduced by the entire amount of the 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 in interest to the parties to
the contribution agreement.
13. An acknowledgment that the failure of the
contribution agreement to address any permit, condition,
term, or restriction shall not relieve either 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.
- 29 -
14. Compliance with the risk management guidelines
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 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 the
execution of the contribution agreement which are applicable
to and preclude the parties' compliance with the 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.
18. Recording of the contribution agreement in the
Official 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 the
terms of the contribution agreement, said remedy being
cumulative with any and all other remedies available to the
parties for enforcement of the agreement.
I. 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 Fire Services 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 from future receipts by the
County of Impact Fees. Such agreement or reimbursement shall not
- 30 -
be for a period in excess of five years from the date of
recording the contribution agreement in the Official Records and
shall provide for a forfeiture of any remaining reimbursement
balance at the end of such five-year period.
J. In the event the amount of developer contribution
pursuant to an approved plan of construction or donation of land
exceeds the total amount of Impact Fee credits used on the
benefiting Fire System Impact Construction lands identified in a
contribution agreement, the contribution agreement may provide
for the reimbursement of up to one-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
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 or 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 proposed 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 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.
Section 3.08. Review Hearings
A. An Applicant or Owner who is required to pay an 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 Impact Fee pursuant to
Section 2.01.
2. A denial of an Affordable Housing waiver or
deferral pursuant to Section 3.05.
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3. The failure to grant or the granting of an
insufficient Alternative Impact Fee pursuant to Section
2.04.
4. The granting of insufficient credits for the
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
applicable:
1. Receipt of a notice of impact fee statement;
2. The denial of an Impact Fee waiver or deferral;
3. Receipt of a vested rights determination pursuant
to Section 3.03; and
4. The notification of the determination of any
Alternative 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 the 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 Board at a regularly scheduled
meeting or a special meeting called for the purpose 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
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'• 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 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. Review Requirement
A. This Ordinance and the Fire 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 163.3177, Florida Statutes. Thereafter, this
Ordinance shall be reviewed at least every three (3) years. The
initial and each review shall consider new estimates of
population and other socioeconomic data and changes in
construction, 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 to
ensure that the Impact Fees do not exceed the reasonably
anticipated costs associated with the improvements necessary to
offset the demand generated by Fire Services System Impact
Construction. In the event the review of the Ordinance required
by this Section alters or changes the assumptions, conclusions
and findings of the master plans adopted by reference in Section
1.04, revises or changes the Fire Services System or alters or
changes 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
reviews and Section 1.04 shall be amended to adopt by reference
such updated studies.
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B. Simultaneous with the review of the Fire Impact Fee
Study required in Subsection A of this Section, the Board shall
review the capital improvements elements for the availability and
adequacy of revenue sources to construct improvements and
additions to the Fire Services System determined in the Fire
Impact Fee Study to be required to accommodate existing
development.
Section 3.10. Declaration of Exclusion from Administrative
Procedures Act.
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 County to the
application of the Administrative Procedure Act, Chapter 120,
Florida Statutes. This declaration of intent and exclusion shall
apply to all proceedings taken as a result of or pursuant to this
Ordinance including, but not limited to, consideration of an
Alternative Impact Fee calculation under Section 2.04, a
determination of entitlement to an Impact Fee waiver or deferral
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 a Fire 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 considered separate from the other
Fire System Impact Construction contained within the land use
category, the County Manager shall calculate appropriate Impact
Fees based upon the impact of such Fire System Impact
Construction on the Fire Services System.
B. In the event Fire System Impact Construction involves a
Mixed Use Fire System Impact Construction, the County Manager
shall calculate 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
Fire System Impact Construction.
Section 3.12. Conflict and Severability
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
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• of public health, safety, welfare and convenience. 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.
Section 3.13 Inclusion in 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 County,
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 3.14. Effective Date
This Ordinance shall become effective upon filing with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of ,1998.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
BARBARA B. BERRY
Chairman
Approved as to form and
legal sufficiency:
H-idi . As ton
Assistant County Attorney
f:brdinances%98 Impact Fees-Fire
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APPENDIX A
AFFORDABLE HOUSING DEFINITIONS, BENEFIT
STANDARDS,AND LIMITATIONS
The following set forth the applicable definitions and benefit standards for Affordable
Housing Dwelling units for the purpose of determining eligibility for Impact Fee waivers
and deferrals (herein referred to as"benefits").
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
a) Very low income families means those families whose incomes do not
exceed fifty percent (50%) of the median income for the area as determined by the
Secretary of the U.S. Department of Housing and Urban Development (area median
income).
b) Low income families means those families whose incomes are more than
fifty percent (50%) and do not exceed sixty percent (60%) of the area median income
as determined by the Secretary of the U.S. Department of Housing and Urban
Development(area median income).
c) . Moderate income families means those families whose incomes are more
than sixty percent (60%) and do not exceed eighty percent (80%) of the area median
income as determined by the Secretary of the U.S. Department of Housing and Urban
Development(area median income).
For a Dwelling Unit to be determined to be affordable, the monthly rent or
monthly mortgage payment, including property taxes and insurance shall not be in
excess of thirty percent (30%) of the families household income. In no instance will
rental limits exceed the rental limits established by the Florida Housing Finance Agency
for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or
the Low Income Housing Tax Credit Program based on unit size.
II. BENEFIT STANDARDS
a) Affordable Housing owner-occupied Dwelling Units which exclusively
serve very low income families and which are the owner's homestead shall have one
hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms of
the Impact Fee Ordinance.
b) Affordable Housing rental Dwelling Units which exclusively serve very low
income families shall have one hundred percent (100%) of the applicable Impact Fee
deferred pursuant to the terms of the Impact Fee Ordinance.
c) Affordable Housing owner-occupied Dwelling Units which exclusively
serve low-income families and which are the owner's homestead shall have fifty percent
(50%) of the applicable Impact Fees waived and have fifty percent (50%) of the
applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance.
d) Affordable Housing rental Dwelling Units which exclusively serve low
income families shall pay fifty percent (50%) of the applicable Impact Fee, and shall
have fifty percent(50%)of the applicable Impact Fee deferred, pursuant to the terms of
the Impact Fee Ordinance.
e) Affordable Housing owner-occupied Dwelling Units which exclusively
serve moderate income families and which are the owner's homestead shall be
required to pay twenty-five percent (25%) of the applicable Impact Fee, and shall have
seventy-five percent(75%)of the applicable Impact Fee deferred pursuant to the terms
of the Impact Fee Ordinance.
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'• f) Fire Services System Impact Construction that meets the criteria set forth
in Subsections B and C of Section 3.05 constructed by an Agency of Collier County or
by an independent governmental agency pursuant to an interlocal agreement with
Collier County and which construction is one hundred percent (100%) government
funded shall have one hundred percent(100%)of the Impact Fees for that construction
waived, pursuant to the terms of the Impact Fee Ordinance.
NOTE: An amendment to the Appendix shall require a public hearing of the Board
of County Commissioners occurring after 5:00 p.m.
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'• APPENDIX B
FIRE IMPACT FEES
Residential $288.97 per Dwelling Unit
Commercial $ .60 per square Foot
Additional Impact Fee $157.27 per Dwelling Unit
for high rise development
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'• APPENDIX C
FIRE DISTRICT AREA
ISLES OF CAPRI: Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34 of Township
51 South, Range 26 East, and those portions of Sections 4, 5 and 6 of Township 52 South,
Range 26 East, which lie north of the Marco River.
OCHOPEE: All of Township 50S of Range 34E; Township 51S of Range 34E; Township
52S of Range 34E; Township 53S of Range 34E; Township 50S of Range 33E; Township 51S
of Range 33E; Township 52S of Range 33E; Township 53S of Range 33E; Township 50S of
Range 32E; Township 51S of Range 32E; Township 52S of Range 32E; Township 53S of
Range 32E; Township 50S of Range 31E; Township 51S of Range 31E; Township 52S of
Range 31E; Township 53S of Range 31E; Township 50S of Range 30E; Township 51S, Range
30E; Township 52S, Range 30E; Sections 1,2,3,4,5,6,7,8,9,10,11,12 and that portion of
Chokoloskee Island contained in Sections 30 and 31, Township 53S, Range 30E; Sections
1,2,11,12,13,14,23,24,25,26,35 and 36, Township 50S, Range 29E; Sections
1,2,11,12,13,14,23,24,25,26,35 and 36, Township 51S, Range 29E; Sections
1,2,11,12,13,14,18,19,20,21,22,23,24,25,26,27,28,35 and 36, Township 52S, Range 29E;
Sections 1,2,11,12,13,14,23,24,25,26 and 36, Township 53S, Range 29E; including the
incorporated area of the City of Everglades being more particularly described as the Town of
Everglades as described in Plat Book 1, pages 87-95 of the Public Records of Collier County,
Florida; and including Sections 3,4,5,6,8,9,10,11,13,14 and 24, Township 52S, Range 28E;
Sections 35 and 36 and all that area south and east of State Road 92 within Section 34,
Township 51S, Range 27E; Section 1, Township 52S, Range 27E.
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