Ordinance 2014-05ORDINANCE NO. 2014 - 0
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE PROVISIONS CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER -
SEWER DISTRICT, BY ELIMINATING THE REQUIREMENT TO
PAY SUCH IMPACT FEES UNLESS SERVICE IS MADE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth- related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances; and
WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions
that will amend Section 74 -303 (c)(1) of the Collier County Code of Laws and Ordinances
relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas
within the Collier County Water -Sewer District by providing that, during the permit process, a
structure within the District boundary will not be charged water and/or sewer impact fees unless
a connection is available; and
WHEREAS, the proposed amendment eliminates the probability that the District will
collect utility impact fees that will ultimately be refunded to a property owner as a result of an
inability to connect to the District's infrastructure.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article III, Impact Fees, Section 74 -303, Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -303. Special Requirements for Water Impact Fee and /or Sewer Impact Fee.
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C. Limitation on Applicability.
Notwithstanding the general applicability provisions set forth in this chapter, water and
sewer impact fees shall be limited as follows:
1. The imposition of water and sewer impact fees shall not apply „* in th-e
sewefsefvi°°, development shall include only development on lands within the county
water sewer district_,
her-eundef subject to the following ° ndifie^: * The imposition and collection of water
and sewer impact fees on geographic areas within the county water sewer district shall
not take place until such time when connection to the regional water and/or sewer system
is antieipated made. _.,ithi, ° .°., . ° ° a as idea :fi °a by the fnes. ° °„+ e „ +y
Publie Utilities WateF and _�.Uster- Plan Upd4es and the Annual Update and
inyenter-y Repo ft. Lands within the— se,,nty genefair" yea eludeccrzfrefa the gefie &Y
applieable - definifieft of "developmmntczr " as it Mates to the wa4ef anEVef sewer- seFizise
inelude (the exelusions set fei4h below are not all inelosive) lands lying N44hin the
exel a °a afeas .,,hie °r° eithef Lands required to connect or request connection to the
regional water and/or sewer system, or which otherwise create a growth necessitated
demand upon the regional water and/ or sewer system shall be subject to the imposition
of impact fees in accordance with this chapter_ in the s if said 'ands were
°
The following areas are provided exclusion from water and/or sewer impact fees since
they are not served by the existing treatment capabilities of the regional water and/or
regional sewer system:
b a. Those areas lying within the boundaries of the former
Goodland Water District. Exclusion of the those areas within the
boundaries of the former Goodland Water District recognizes that this area
is not presently planned to be served by the treatment capabilities of the
regional water and/or regional sewer systems.
Oil
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b. d Those areas lying within the Macro Shores, Unit 1, Sections 26
and 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page
34 of the Public Records of Collier County, Florida. Exclusion of the Marco
Shores, Unit 1, recognizes that this area is not presently planned to be served by
treatment capabilities of the regional water and /or regional sewer systems.
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b. d Those areas lying within the Macro Shores, Unit 1, Sections 26
and 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page
34 of the Public Records of Collier County, Florida. Exclusion of the Marco
Shores, Unit 1, recognizes that this area is not presently planned to be served by
treatment capabilities of the regional water and /or regional sewer systems.
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c. h-.—Those areas lying within the Key Marco Community Development
District. Exclusion of the Key Marco Community Development District
recognizes that this area is outside the county water -sewer district.
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SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier 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 FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 11 day of , 2014.
ATTEST:
DWIGHT E. B1ROCK, .Clerk
By
A Clerk
Attest as to +
suture only.
Approved as to form and legality:
.P*s
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTYAFLORIDA
TOM HENNING,
This ordinance
$�Rtary of
�``�f��r���day oftt
and acknowled
fili rec ived
of
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FLORIDA DEPARTMENT 0 J STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 17, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2014-05, which was filed in this office on February 17,
2014.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us