Ordinance 2001-013 COLLIER COUNTY
ORDINANCE NO. 2001 - [3
AN ORDINANCE OF COLLIER COUNTY, FLORIDA; PROVIDING FOR
A SHORT TITLE, AUTHORITY, APPLICABILITY, FINDINGS,
PURPOSE, ADOPTION OF IMPACT FEE STUDIES, RULES OF
CONSTRUCTION AND GENERAL DEFINITIONS; PROVIDING FOR
IMPOSITION OF IMPACT FEES, INCLUDING GENERAL
REQUIREMENTS, IMPACT FEE RATES, IMPOSITION OF IMPACT
FEES BASED ON CHANGES IN SIZE AND USE OF A BUILDING OR
DWELLING UNIT, EXEMPTIONS FROM IMPACT FEES, PROVIDING
GENERALLY FOR WAIVER AND DEFERRAL OF IMPACT FEES FOR
AFFORDABLE HOUSING, AND FOR REIMBURSEMENT OF CERTAIN
DEFERRED OR WAIVED FEES; PROVIDING FOR THE PAYMENT AND
COLLECTION OF IMPACT FEES; PROVIDING FOR USE OF FUNDS,
INCLUDING PROVIDING FOR SEPARATE IMPACT FEE TRUST
FUNDS AND THE USE OF IMPACT FEES COLLECTED; PROVIDING
FOR ALTERNATIVE IMPACT FEE CALCULATION PROCEDURES;
. PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT
PROCEDURES; PROVIDING FOR SPECIAL REQUIREMENTS FOR
SPECIFIC TYPES OF IMPACT FEES, INCLUDING AN OVERVIEW,
AND SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY,
PAYMENT, USE OF FUNDS, AND IMPACT FEE RATES, AND
ESTABLISHING OR REAFFIRMING IMPACT FEE DISTRICTS, AS
APPLICABLE, FOR: ROAD, WATER AND SEWER, PARKS AND
RECREATIONAL, LIBRARY, EMERGENCY MEDICAL SERVICES,
EDUCATIONAL, CORRECTIONAL AND FIRE FACILITIES IMPACT
FEES; PROVIDING FOR AFFORDABLE HOUSING IMPACT FEE
WAIVERS OR DEFERRALS, INCLUDING DEFINITIONS, BENEFIT
STANDARDS, AND LIMITATIONS; PROVIDING FOR COLLECTION OF
IMPACT FEES IN DEFAULT; PROVIDING FOR PERIODIC REVIEW
AND UPDATE; PROVIDING FOR INCORPORATION OF
ADMINISTRATIVE PROCEDURES MANUAL; PROVIDING FOR .
DECLARATION OF EXCLUSION FROM ADMINISTRATIVE
PROCEDURES ACT; PROVIDING FOR APPENDICES FOR IMPACT
FEE RATE SCHEDULES & DISTRICT BOUNDARIES; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR REPEAL OF
SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE. Collier County hereby adopts an Ordinance that reads as
follows:
ARTICLE I
GENERAL
Sections 74-1 through 74-99. Reserved.
Section 74-100. Repeal of Ordinances.
On the effective date of this Ordinance the following Collier County Ordinances were
repealed and superceded in their entirety: Number 98-69, as amende~l, the Collier
County Regional Water and/or Wastewater Systems Impact Fee Ordinance; Ordinance
99-39, the Collier County Parks No, 88-97, as amended, the Collier County Library
System Impact Fee Ordinance; Ordinance No. and Recreational Facilities Impact Fee
Ordinance; Ordinance No. 91-71, as amended, the Collier County Emergency Medical
Services System Impact Fee Ordinance; Ordinance No. 92-22, as amended, the Collier
County Road Impact Fee Ordinance; Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County
Ordinance No. 99-52, as amended, the Collier County Correctional Facilities Ordinance;
and Collier County Ordinance No. 98-30, The Isles of Capri and Ochopee Fire Impact
Fee Ordinance.
Section 74-101. Short Title.
This chapter shall be known and may be cited as the "Collier County
Consolidated Impact Fee Ordinance" or the "Collier County Impact Fee Regulations."
Section 74-102. Authority.
The Board has authority to adopt this chapter pursuant to its home rule powers
under Article VIII, Section l(f), of the Florida Constitution, Chapter 125, Florida
Statutes, Chapter 163, Part II, Florida Statutes, and the County's Comprehensive Land
Use P!an.
Section 74-103. Applicability,
This chapter shall apply to the unincorporated area of Collier County, Florida,
and to all incorporated areas of Collier County to the greatest extent authorized by
Article VIII, Section l(f) of the Florida Constitution and as described herein or in any
intergovernmental or interlocal agreements.
Section 74-104. Findings.
It is hereby ascertained, determined and declared:
A. The Florida Legislature has adopted growth management legislation which
requires local governments to plan for and provide for capital infrastructure facilities and
services.
B. Development necessitates additional specified Public Facilities and such
Development must contribute its fair share toward the costs of funding improvements
and additions to such specified Public Facilities.
C. Implementation of the Impact Fee to require future Development to
contribute its fair share of the cost of improvements and additions to the specified
Public Facilities is an integral and vital element of the regulatory plan of growth
management by the County.
D. The level of service standards for the Public Facilities as adopted in the
Collier County Comprehensive Plan, and as may hereafter be amended from time to
time, are controlling upon this chapter and are incorporated throughout this chapter.
E. Capital planning is an evolving process and the level of service standards for
the Public Facilities constitutes a projection of anticipated need for Public Facilities,
based upon present knowledge and judgment. Therefore, in recognition of changing
growth patterns and the dynamic nature of population growth, it is the intent of the
Board that the level of service standards for the Public Facilities and the Impact Fee
imposed should be reviewed and adjusted periodically, pursuant to Section 74-502
herein, to try to insure that the Impact Fees are imposed equitably and lawfully and are
based upon actual and anticipated growth at the time of their imposition.
F. The imposition of the Impact Fee is to provide a source of revenue to fund
the construction or improvement of the Public Facilities necessitated by growth.
G. The Board finds that the specified Public Facilities benefit all residents of the
County and, therefore, the Impact Fee shall be imposed in all areas of the County,
including throughout the unincorporated area and also within municipal boundaries to
the extent specified in this chapter.
H. This chapter is not intended to, and shall not be construed to, permit the
collection of Impact Fees from Development in excess of the amount reasonably
anticipated to offset the reasonably allocated demand on each of the specified Public
Facilities generated by the respective Development.
I. All improvements and additions to the specified Public Facilities needed to
eliminate any deficiency between the existing level of service of the specified Public
Facilities and the adopted level of service standards, shall be funded by revenues other
than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized
only for capital improvements and additions to the Public Facilities which are
reasonably determined to be caused by the impacts of new Development.
Section 74-105, Purpose,
It is the purpose of this chapter (1) to plan for the necessary capacity expansion
of the Public Facilities; (2) to provide for the health, safety, welfare and economic well-
being of the residents of, and visitors to, Collier County consistent with the mandated
responsibility of the County pursuant to Section 163.3161, et seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation
Act, and Section 125.01 et seq., Florida Statutes; (3) to implement and be consistent
with the Collier County Comprehensive Plan and the Florida Local Government
Comprehensive Planning and Land Development Regulation Act, Section 163.3161, e._.t
seq., Florida Statutes; (4) to require all Development that places additional demand on
the Public Facilities to contribute its proportionate share of the funds, land or Public
Facilities to accommodate any impacts having a rational nexus to the proposed
Development and for which the need is reasonably attributable to the proposed
Development; and (5) to ensure that no funds, land or Public Facilities are collected
from new Development in excess of the actual amount reasonably determined
necessary to offset the demand on the Public Facilities generated by new
Development. This chapter is intended to be consistent with the principles applied to
allocate a fair share of the cost of new Public Facilities to new users and new
Development as established in Florida Statutes or applicable judicial decisions, or both.
Section 74-106. Adoption of Impact Fee Studies. The Board hereby adopts and
incorporates by reference the following studies with regard to the respective Public
Facilities;
A. Transportation Facilities: "Collier County Transportation I'mpact Fee - 1991
Update Study" dated April 1992 prepared by Tindale-Oliver & Associates, Inc., as
supplemented by "Collier County 1999 Transportation Impact Fee - Update Study
(January 14, 2000)" prepared by Tindale-Oliver & Associates, Inc.;
B. Water and Sewer Facilities: "Collier County Growth Management Plan," as
amended (February, 1991); "The Water Master Plan Update" prepared by Camp,
Dresser & McKee, Inc. (1996), as amended; "The 201 Facilities Plan Update" prepared
by Camp, Dresser & McKee, Inc. (1997), as amended; "Water & Sewer Impact Fee
Study" prepared by Agnoli, Barber & Brundage, Inc. (1997), as amended;
C. Parks and Recreational Facilities: "Impact Fees for Parks and Recreational
Facilities for Collier County, Florida," prepared by Henderson, Young & Company
(March 18, 1999);
D. Library Facilities: "Library Facilities and Items Development Impact Fee
Update Study, Collier County, Florida," prepared by Growth Management Specialists,
Inc. (June 27, 2000);
E. Emergency Medical Services: "Emergency Medical Services Development
Impact Fee Updated Study, Collier County, Florida," prepared by Growth Management
Analysts, Inc. (June 27, 2000);
F. Educational Facilities: "Impact Fees for Educational FaciLities in Collier
County, Florida," prepared by Henderson, Young & Company (May 13, 1992), as
amended, and the "Collier County School Board 5-Year Capital Outlay Summary";
G. Correctional Facilities: "Rate Study for Impact Fees for Correctional Facilities
for Collier County, Florida," prepared by Henderson, Young & Company (April 26,
1999), as amended; and
H. Fire Facilities: "Isle of Capri Fire District and Ochopee Fire District Fire Impact
Fee Study dated July 30, 1997," prepared by Fishkind & Associates, Inc. (July 30,
1997), as amended.
The foregoing studies are hereby adopted in their entirety, as well as any updates or
supplements thereto, including the assumptions, conclusions and findings in such
studies and their amendments.
Section 74-107. Rules of Construction.
For the purposes of administration and enforcement of this chapter, unless
otherwise stated in this chapter, the following rules of construction shall apply:
A. In case of any difference of meaning or implication between the text of this
chapter and any caption, iljustration, summary table, or iljustrative table, the text shall
control.
B. The word "shall" is always mandatory and not discretionary and the word
"may" is always permissive.
C. Words used in the present tense shall include the future; words used in the
singular shall include the plural and the plural the singular, unless the context clearly
indicates no such intention; and use of the masculine gender shall include the feminine
gender.
D. The phrase "used for" includes "arranged for," "designed for," "maintained
for," or "occupied for."
E. Unless the context clearly indicated 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: 4
1. "And" means that all the connected terms, conditions, provisions or
events shall apply.
2. "Or" means that the connected items, conditions, provisions or events
shall apply singly or in any combination.
3. ,,Either...or" means that the connected items, conditions, provisions or
events shall apply singly but not in combination.
4. "And/or" means the referenced items, conditions, provisions or events
may apply wholly independently of one another, or in combination.
5. The word "includes" shall not limit a term to the specific example(s) but
is intended to extend its meaning to all other instances or circumstances
of like kind or character.
F. "Person who" means "entity that" if the Person is not an adult individual.
G. Time Periods, calculation of: All time periods throughout this Chapter shall
be calculated on a day-by-day basis, including Saturdays, Sundays and holidays. The
date of receipt of any "notice" or the date of the Board's decision shall be excluded from
the calculation and in the event that the controlling due date falls on a Saturday,
Sunday or a legal holiday, the due date shall automatically be extended to 5:00 p.m. of
the County's next business day.
H. In the event of a conflict between the General Definitions section and the
adopted Impact Fee Rate Schedules, the Rate Schedules shall control.
Section 74-108. General Definitions.
When used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates otherwise. Terms contained in Article III
or the Rate Schedules supercede these general definitions to the extent of any
conflict(s).
,,Access Improvements" shall mean improvements designed and constructed
to provide safe and adequate ingress and/or egress to and/or from the respective
Development, which include, but are not limited to, rights-of-way, easements, paving of
adjacent or connecting roadways, turn lanes, deceleration and/or acceleration lanes,
traffic control devices, signage and markings, drainage facilities, and utility facilities. An
access improvement is a site related improvement.
,,Accessory Building or Structure" shall mean a detached, subordinate
structure, the use of which is clearly indicated and related to the use of the principal
Building or use of the land and which is located on the same lot as the principal
Building. Plumbing in the Accessory building or structure may render same to be
subject to water and/or sewer Impact Fees.
,,Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF)"
shall mean facilities that consist of one or more (not limited to multi-unit buildings) multi-
unit buildings designed for elderly living. They may also contain dining rooms, medical
facilities, and recreational facilities. The primary characteristics that distinguish ACLF's
from Nursing Homes is the ability of the residents to care for themselves. ACLF's may
include private homes, boarding homes and other places that undertake to provide, for
a period exceeding twenty-four (24) hours at a time, food and other personal services
for four or more adults not related to the owner, who require such services and may
provide limited nursing services, when specifically licensed to do so pursuant to section
400.407, Florida Statutes.
,,Adults Only Community" shall mean a community or development in which
the residents can only be above the age of eighteen years and is evidenced by
recorded permanent age restrictions which cannot be changed by a simple vote of the
residents.
,,Affordable Housing" shall mean a Dwelling Unit which is offered for sale or
rent for an amount which is within the standards set forth and established in Article IV of
this chapter.
,,Agriculture" shall mean a land use resulting in products that require little or no
processing after the production or harvest stage in order to ready the product for sale,
including but not limited to produce, fruits, trees, shrubs, ornamental plants, honey and
nuts.
,,Alteration" shall mean any change in size, shape, occupancy, character, or
use of a building or structure.
,'Alternative Impact Fee" shall mean any reduction in Impact Fee approved by
the County Manager pursuant to Section 74-204.
,,Applicant" shall mean the Person who applies for a Building Permit,
Development Order, Development Permit, or other approval, permission or
authorization for Development.
,,Appraisal" shall mean a real estate appraisal prepared in accordance with the
,'Uniform Standards of Professional Appraisal Practice" (published by the Appraisal
Standards Board of The Appraisal Foundation) by an MAI-certified appraiser authorized
to practice in the State of Florida.
,,Auto Repair/Body Shop/Automobile Care
establishment that houses numerous businesses that
Center" shall mean an
provide automobile related
services, such as repair and servicing, stereo installation, and seat covering
upholstering.
"Average Trip Length/Trip Length" shall mean the average daily trip length for
the applicable Trip generation Land Use Category on the Collector or Arterial road
system.
"Bank/Savings (drive-thru)" shall mean drive-in banks which provide banking
facilities for the motorist while in a vehicle and may also serve patrons who walk into the
building. The drive-in lanes may or may not provide automatic teller machines.
,,BanldSavings (walk-in)" shall mean free-standing buildings with their own
parking lots and which do not have drive-in windows. These bank~ may or may not
contain automatic teller machines (ATMs).
,,Bar/Lounge" shall mean a drinking place that contains a bar where alcoholic
beverages are served or consumed, and possibly provides some type of entertainment
such as music, television screens, video games, or pool tables.
"Board" shall mean the Board of County Commissioners of Collier County,
Florida, including when acting in an ex-officio capacity.
,,Building" shall mean any tangible thing, with or without walls, constructed on
the site, installed on the site, or placed on the site, to support, shelter or enclose
Persons and/or support, shelter or enclose tangible property, and the use of the
"Building''~ is deemed to create demand upon, or increase demand upon, one or more of
the specified Public Facilities. "Building" includes parking lots and other foundations,
permanent and semi-permanent tents, sheds, trailers, mobile homes, and vehicles that
shall in any way function as a Building. Except in regard to water and/or sewer Impact
Fees, "Building" excludes temporary construction sheds that are to be used temporarily
to assist in construction at the site. "Building" excludes tents erected for less than
approximately sixty (60) days for the temporary selling of seasonal items such as
Christmas trees or Fourth of July fireworks. "Building" includes additions to a Building,
such as adding a new room, or enlargement of a then existing room.
. ,,Building Permit" shall mean an official document issued by the County which
authorizes the construction or installation of a Building on the site, including, but not
limited to, by construction or installation occurring on the site and including, but not
limited to, an item that is complete or substantially complete prior to its being placed on
the site, such as a manufactured home or a communications tower that was
substantially constructed elsewhere. For purposes of this chapter, "Building Permit"
shall include tie-down permits for Buildings, such as for a mobile home, or other
approvals that do not require any other type of permit before the respective item may
lawfully be occupied, used or operated. "Building Permit" when used in the context of
the use of land (or water) and in situations where a typical, conventional permit is not
issued by the County for the respective improvement or use, such as for a golf course,
means whatever is the last written approval or permission issued by the County to
authorize the respective improvement.
,,Business Park" shall mean a group of flex-type or incubator one or two-story
buildings served by a common roadway system. The tenant space is flexible and lends
itself to a variety of uses; a garage door usually serves the rear side of the building.
Tenants may be start-up companies or small mature companies that require a variety of
spaces. The space may include offices; retail and wholesale stores; restaurants;
recreational areas; and warehousing, manufacturing, light industrial, or scientific
research functions. The average mix is 20 to 30 percent office/commercial and 70 to
80 percent industrial/warehousing.
,,Car Dealerships/New & Used Auto Sales" shall mean a land use providing
for automobile mechanical services, automobile body repair, parts and sales. Used car
sales, leasing options and truck sales and servicing may also be available.
,,Church" shall mean an institution that people regularly attend to participate in
or hold religious services and other related religious activities. Other religious activities
that may be conducted by churches or places of religious worship include on-site child
care for use during religious services, and studies involving religious instruction, but
shall not include schools, temporary or permanent dwellings, or other activities not
directly related to religious practices.
,,Collier County Water-Sewer District" shall mean a political subdivision of the
State of Florida, whose governing body is Ex-Officio The Board of County
Commissioners of Collier County, Florida.
"Collier County Water-Sewer District Meter Size" shall mean the water meter
size as determined pursuant to any County ordinance.
,,Comprehensive Plan" shall mean the Comprehensive Plan of the County
adopted and amended pursuant to the Local Government Comprehensive Planning and
Land Development Act as contained in Part II of Chapter 163, Florida Statutes, or its
successor in function.
,,Condominium" shall mean a single-family or time-sharing ownership unit that
has at least one other similar unit within the same building structure. The term
Condominium includes all fee simple or title multi-unit structures, including townhouses
and duplexes.
,,Contribution" shall mean the actual construction, installation or improvement
of a Public Facility or portion thereof or addition thereto for the benefit of the County,
such as a road or a sewer or water facility.
,,Convenience Store" shall mean a store open a minimum of 15 hours per day
and which sells convenience foods, newspapers, magazines and often beer and wine
and does not have gasoline pumps.
,'Convenience Store with Gas Pumps" shall mean convenience store which
sells gasoline, convenience foods, newspapers, magazines, and often beer and wine.
This land use includes convenience markets with gasoline pumps where the primary
business is the selling of convenience items, not the fueling of motor vehicles. This
includes a service station with a convenience store that sells gasoline and convenience
store items, with or without a car wash.
,,County" shall mean Collier County, a political subdivision of the State of
Florida, and shall include any Utility District and any other County Dependent District
that now or hereafter assesses any Impact Fee.
,,County Attorney" shall mean the individual appointed by the Board of County
Commissioners to serve as its counsel, or the designee of such Attorney.
,,County Manager" shall mean the chief administrative officer of the County,
appointed by the Board of County Commissioners, or the designee of such officer.
,,Date of Value" shall mean, for purposes of determining a developer
contribution credit, the market value of the contribution as of the date of the
contribution; date of commencement of construction; date of land dedication; or, for
dedications, the day before the development order approval (zoning amendment, site
plan approval, PUD approval, or other development order approval) wherein the
contribution, construction or land dedication was proffered or required; whichever
occurs first.
-Day Care" shall mean an establishment which provides for the care, protection,
and supervision of at least three (3) children for a period of less than 24 hours a day on
a regular basis, which supplements parental care, enrichment, and health supervision
for the child, in accordance with his individual needs, and for which a payment, fee or
grant is made for care. The facility generally includes classrooms, offices, eating areas,
and a playground. The definition includes such terms as day nurseries, day care
service, day care agency, nursery school, or play school. The term does not include
summer camps or family day care homes.
,,Dedication" shall mean the conveyance or donation of land or an interest in
land to the County.
,,Development" shall mean any installation, siting, construction, use of land, or
other activity or improvement, or any additional square footage (area) of a then existing
Building or use, or any net increase in the size or use of a then existing Building or land,
in a manner that is deemed to increase the demand for, or impact upon, any Public
Facility.
-Duplex" shall mean a single, free-standing, conventional Building on a single
lot which contains only two dwelling units and is intended, designed, used and occupied
as two dwelling units under single ownership, or where each dwelling unit is separately
owned or leased but the lot is held under common ownership. For the purpose of this
chapter and assessment of impact fees a duplex will be considered under the definition
of Condominium. A duplex may also be referred to as a Single-family attached dwelling.
Please refer to definition of Condominium.
"Dwelling Unit" shall mean a Building or portion of a Building designated 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. A Dwelling Unit must contain, as an integral part therein, sleeping quarters,
toilet/bathing facilities and a primary kitchen.
,,Elementary School" shall mean a school typically serving students attending
kindergarten through the fifth or sixth grade. Elementary schools are usually centrally
located in residential communities in order to facilitate student access, and they have
no student drivers. This land use consists of public schools where bus service is
usually provided to students living beyond a specified distance from the school.
"Encumbered" shall mean monies committed by law, contract or purchase
order, or any impact fees pledged for bond repayment, or otherwise pledged or
committed in a manner that obligates the County to expend the encumbered amount
upon delivery of goods, the rendering of services or the conveyance of real property
provided by a vendor, supplier, contractor, or Owner.
,,Equivalent Residential Connection (ERC)" shall mean, with regard to water
and sewer service, the equivalent gallonage usage requirements of a single-family
residential customer. For the purposes of this chapter an ERG will have an assigned
value of 1.0. The ERC gallonage shall be based upon statistical data accepted by the
County establishing an average residential use and it is recognized that the usage for
9
some types of residential units may be greater or smaller than the average assumed for
this calculation and the ER(3 may change from time to time based upon the rates
calculated in the most recent Impact Fee Study.
,,External Trips" shall mean any trip, which either has its origins from, or its
destination to the Development and which impacts the Transportation Network.
,,Florida Local Government Development Agreement Act" shall mean the
provisions of Sections 613.3220--163.3243, Florida Statutes, as amended or
supplemented, or its successor in function. Developer Contribution Agreements shall
not be characterized as a development agreement under this act.
,,Functional Resident Population" shall mean the number of full-time
equivalent people in a geographic area or site. Such populations can be measured on
a 24-hour basis (24 hours each day, seven days each week) or on a daytime basis (16
hours each day, seven days each week). Functional residents allow one to (a)
measure the level of service on an area-wide basis and/or (b) estimate demands for
facilities generated by a particular land use.
,,General Industrial/Industrial" shall mean a use for the purpose of basic
processing and manufacturing of materials or products predominately from extracted or
raw materials, or a use for the purpose of the storage of, or manufacturing processes
using flammable or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions; also a use
for the purpose of the manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales, and distribution of such products, but excluding
basic industrial processing.
· ,Golf Course" shall mean the geographic area designed and/or used for
playing the game of golf, including fairways, greens, tees, and clubhouse with or without
bar and banquet facilities.
,,Government/Public Building" shall mean a local, state and/or federally
owned or leased and operated government facility.
,,Guesthouse or Cottage" shall mean a dwelling unit which might or might not
include cooking facilities, which is incorporated, attached to, or detached from a
principal dwelling; and which is used exclusively for the noncommercial accommodation
of friends or relatives of the occupant or the owner of the principal dwelling. The
guesthouse/cottage may only be forty percent (40%) of the living area (under air) of the
primary dwelling. For the purpose of assessing water and/or sewer impact fees
guesthouse or cottage shall be assessed at multi-family rate unless the rate schedule
expressly provides otherwise.
,,High School" shall mean a school which serves students who have completed
middle school or junior high.
· ,High-rise Condominium" shall mean residential condominiums or townhouses
that are located in buildings with three or more levels (floors).
t0
,,Home Improvement Superstore" shall mean freestanding warehouse type
facilities with off street parking. Home improvement superstores generally offer a
variety of customer services and centralized cashiering, and they specialize in the sale
of home improvement merchandise. They typically maintain long store hours seven
days a week. Examples of items sold in these stores include lumber, tools, paint,
lighting, wallpaper and paneling, kitchen and bathroom fixtures, lawn equipment, and
garden plants and accessories. The stores included in this data are often the only ones
on the site, but they can also be found in mutual operation with a related or unrelated
garden center. Home improvement Superstores are also sometimes found as separate
parcels within a retail complex with their own dedicated parking. The buildings
contained in this land use usually range in size from 25,000 to 150,000 square feet of
gross floor area. Building materials and lumber store is a related field.
,,Hospital" shall mean a building or group of buildings having facilities for
overnight care of one or more human patients, providing services to inpatients and
medice. I care to the sick and injured, or medical centers which offer primary and urgent
care treatment for all types of injuries and traumas, and which may include as related
facilities: laboratories, outpatient services, training facilities, central service facilities,
and staff facilities; provided, however, that any related facility shall be incidental and
subordinate to principal hospital or medical center use and operation.
,,Hotel" shall mean a facility offering transient lodging accommodations normally
on a daily rate to the general public and typically providing accessory uses, such as:
restaurants, meeting rooms and recreational facilities. Hotels are different than motels
in that each room does not have a separate entry directly from the outside of the
building but rather entry is gained through the interior of the building through a lobby.
For the purposes of calculating water and sewer impact fees, a hotel and resort hotel
are considered to be non-residential uses.
,,Impact Fee" shall mean the fee imposed by the County pursuant to Section
74-201 or, if applicable, the Alternative impact Fee.
,,Impact Fee Rate" shall mean the formula or calculation that when applied to
the respective Development determines the applicable Impact Fee that results because
of the impacts deemed by this chapter to be applicable to the respective Public Facility
caused by particular Development.
,,Impact Fee Study" shall mean a report of the findings of research and analysis
conducted to develop fees assessed on new development that represent the fair share
cost of the expansion of public facility infrastructure made necessary by that new
development. The report describes the methodology used to develop the fees and
presents the formulas, variables and data used as the basis of the fees.
,,Junior/Community College" shall mean two-year junior colleges or
community colleges which are generally separated from other land uses and have
exclusive access points and parking facilities.
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"Living Area" shall mean actual square footage which could be air conditioned
or heated spaces contained under roof, or areas under roof, except garages, that are
normally protected against exterior elements.
,,Local Government Comprehensive Planning and Land Development
Regulation Act" means the provisions of Chapter 163, Part II, Florida Statutes (1999),
as amended or supplemented, or its successor in function.
,,Market Value" shall mean the most probable price for which a given property
would sell, given adequate exposure in an open and competitive market, where both
buyer and seller were knowledgeable, prudent and acting in their own self interests,
with neither party being under undue stimulus to act, nor having an affiliation with one
another, where payment is made in terms of cash in United States dollars (or in terms
of financial arrangements comparable thereto), and where the price is unaffected by
special or creative financing or sales concessions granted by any party associated with
the sale.
,,Marina" shall mean a non-residential boating facility, chiefly for recreational
boating, located on navigable water frontage, and providing all or any combination of
the following: boat slips or dockage, dry boat storage, small boat hauling or launching
facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment,
restaurants, boat and boat motor sales, and rentals. Minor boat, rigging and motor
repair which is incidental to the principal marina use is generally permitted, but no boat
construction or reconstruction is permitted. A boat sales lot is not a marina.
,,Medical Office" shall mean office space utilized for administering human
medical and health related services, including outpatient clinics incidental to such
offices. Medical office uses shall include medical doctors, dentists, psychiatrists,
optometrists, osteopaths, chiropractors, naturopaths, nurse practitioners, health
maintenance organizations and similar professional and group practices, which are
regulated by the State of Florida.
,,Middle School" shall mean a school serving students who have completed
elementary school and have not yet entered high school.
,,Mini-warehouse" shall mean buildings in which a number of storage units or
vaults are rented for the storage of goods. Each unit is physically separated from other
units, and access is usually provided through an overhead door or other common
access point.
,,Mixed Use Development" shall mean a Development in which more than one
impact fee land use category is contemplated with each category constituting a
separate and identifiable enterprise not subordinate to, or dependent on, other
enterprises within the Development.
,,Mobile Home" shall mean a detached dwelling unit with all of the following
characteristics: (a) designed for occupancy and containing sleeping accommodations, a
flush toilet, a tub or shower and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems; (b) designed for transportation
after fabrication on streets or highways on its own wheels; and (c) arriving at the site
where it is to be occupied as a dwelling complete, including major appliances and
furniture, and ready for occupancy except for minor and incidental unpacking and
assembly operations, location on jacks or other temporary or permanent foundations,
connection to utilities and the like. Although a travel trailer, recreational vehicle, or park
model is not generally considered a mobile home, the applicable Impact Fee in some
instances may be the same as for a mobile home. For the purposes of computing the
Impact Fee, a mobile home on a single-family lot (i.e., not located in a mobile home or
similar park) shall be considered a Single Family Detached House.
,,Modular Home" shall mean a dwelling unit, constructed as a total entity or in
parts of a total entity, which is constructed other than on the Building Site which is then
moved to and erected on the Building Site. A mobile home is not considered a modular
home unless its maker's name appears on the approved listing of such construction in
the State of Florida. For the purposes of computing the Impact Fee, a modular home
shall be considered a Single-Family Detached House.
,,Motel" shall mean a facility offering transient lodging accommodations normally
on a daily basis and at a daily rate for automobile travelers and typically providing
parking adjacent to each sleeping room. Accessory uses may be provided, such as:
restaurants, meeting rooms and recreational facilities. Motels are different than hotels,
in that each motel room has a separate entry directly from the outside of the building
while hotel guests gain entry to their room through the interior of the building through a
lobby. For the purpose of calculating water and sewer impact fees, a Motel is
considered a non-residential use.
,,Movie Theater" shall mean a building with an area of audience seating, single
or multiple screens and auditoriums, a lobby, and a refreshment stand.
,,Multiple Family Dwelling Units" shall mean a group of two or more Dwelling
Units within a single conventional building, attached side by side or one above the
other, or both, and wherein each Dwelling Unit may be individually owned or leased
mutually on land which is under common or single ownership. For purposes of
determining whether a lot is in multiple family uses, the following considerations shall
apply:
A. Multiple-Family Dwelling uses may involve Dwelling Units intended to be
rented and maintained under central ownership and management, or cooperative
apartments. It may include the fee ownership of land beneath each Dwelling Unit
following development from a common base of ownership.
B. Any Multiple-Family Dwelling in which Dwelling Units are available for rental
for periods of less than one week shall be considered a tourist home, a motel, motor
hotel or hotel, as the case may be.
C. For the purpose of calculating water and/or Sewer Impact. Fee, the following
shall be considered to be multiple family dwelling units: guesthouse, servants' quarters,
in-law apartment, townhouse and adult congregate living facility.
,,Net New Trip" shall mean the average daily External Trip, as adjusted by the
applicable Impact Fee Study.
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"Non-Residential" means commercial, motel/hotel, or any other development
that does not qualify as "Residential." Nursing homes are considered to be non-
residential unless a Rate Schedule expressly provides otherwise.
,,Nursing Home" shall mean a facility whose primary function is to care for
persons who are unable to care for themselves, including rest homes (primarily for the
aged) and chronic and convalescent homes.
,,Off-site Improvements" shall mean improvements located outside of the
boundaries of a Development, except for those Public Facilities that are located within
the boundaries of the development that are owned and maintained by the County,
which may be required by the County and includes on-site roadways that are part of the
five-year Capital Improvement Element or dedicated right-of-way in excess of providing
on-site improvements required by local regulations, rules or ordinances.
,,Office" shall mean a building or portion of a building wherein services are
performed involving predominantly administrative, professional or clerical operations. It
is a characteristic that retail or wholesale goods are not shown to or delivered from the
premises to customers.
,,On-site Transportation Improvements" shall mean, for purposes of
contribution credit exclusion, a minimum sixty (60) feet of dedicated right-of-way and
sub-base, base and pavement required for two (2) lanes constructed to local standards
in an urban configuration.
,,Owner" shall mean the Person(s) who, or that, owns legal title to the real
property upon which development is proposed to occur. Owner includes every co-
owner; such as property owned in tenancy by the entireties, joint-tenancy, tenants in
common, or by more than one trustee.
,,Person" shall mean an individual, a corporation, a partnership, an incorporated
association, trust or any other similar entity. An "individual" means a human being.
,,Pharmacy or Drug Store" shall mean retail facilities that primarily sell
prescription and non-prescription drugs. These facilities may also sell cosmetics,
toiletries, medications, stationary, personal care products, limited food products, and
general merchandise. The drug stores in this category may contain drive-through
windows.
,,Professional Engineer" shall mean one who is licensed by the State of Florida
as a professional engineer.
,,Public Facilities" shall mean the following publicly-owned facilities and
services provided by Collier County or pursuant to an interlocal agreement with Collier
County: (1) Transportation systems, facilities and services; (2) Water and Sewer
systems, facilities and services; (3) Parks and Recreational systems, facilities and
services; (4) Library systems, facilities and services; (5) Emergency' Medical systems,
facilities and services; (6) Educational systems, facilities and services; (7) Correctional
systems, facilities and service; and (8) Fire systems, facilities and services.
"Public Utilities Administrator" shall mean the individual appointed by the
Board or the County Manager to supervise the administration, operations and/or
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acquisitions of the County's Regional Sewer System and/or Regional Water System,
the Goodland Water System, the Collier County Water-Sewer District, and/or any other
similar Utility system owned by the County and which now or in the future assesses any
Utility Impact Fee.
,,Quick Lube" shall mean a quick lubrication vehicle shop is a business where
the primary activity is to perform oil change services for vehicles. Other ancillary
services provided may include preventative maintenance, such as fluid and filter
changes. Automobile repair service is generally not provided.
,,Recreational Vehicle (RV) Park" shall mean a facility for the siting of
recreational vehicles, travel trailers, or park models and which may have common
facilities such as recreational rooms, swimming pools and laundry facilities.
,,Recreational Vehicle (RV)/Travel Trailer/Park I~lodel" shall mean a vehicular,
portable structure built on a chassis, designed to be used as a temporary dwelling.
Although travel trailer, recreational vehicle or park model is not generally considered a
mobile home, the applicable Impact Fee in some instances may be the same as for a
mobile home.
"Regional Sewer Systems" shall mean the wastewater or sewer utility system
directly connected to treatment facilities operated by the Collier County Water-Sewer
District, or Collier County, or both.
"Regional Water Systems" shall mean the potable water utility system directly
connected to treatment facilities operated by the Collier County Water-Sewer District, or
Collier County, or both.
,,Residential" shall mean Apartments, Condominiums, Duplex Dwellings,
Garden Apartment Dwellings, Modular Home Dwellings, Multiple-Family Dwellings,
Townhouse Dwellings, Mobile Homes, Single-family Attached Houses, Single-Family
Detached Houses, Adult Congregate Living Facilities (ACLF), or Assisted Living
Facilities (ALF) as that term is defined in Section 400.402, Florida Statutes, unless
treated otherwise by the adopted rate schedules.
,,Resort Hotel" shall mean land uses that are similar to hotels in that they
provide sleeping accommodations, restaurants, cocktail lounges, retail shops, and
guest services. The primary difference is that resort hotels cater to the tourist and
vacation business, often providing a variety of recreational facilities, rather than
convention and meeting business. Resort hotels are normally located in suburban or
outlying locations on larger sites than conventional hotels.
,,Restaurant (Drive-Thru)" shall mean a land use including fast-food
restaurants with drive-through windows. This type of restaurant is characterized by a
large carryout clientele; long hours of service (some are open for breakfast, all are open
for lunch and dinner, some are open late at night or 24 hours); and high turnover rated
for eat-in customers.
,,Restaurant (High Turnover)" shall mean a land use consisting of sit-down
eating establishments with turnover rates of approximately one hour or less. This type
of restaurant is usually moderately priced and frequently belongs to a restaurant chain.
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Generally these restaurants serve lunch and dinner; they may also be open for
breakfast and are sometimes open 24 hours a day. Some facilities contained within
this land use may also contain a bar for serving food and alcoholic drinks.
,,Restaurant (Low Turnover)" shall mean a land use consisting of eating
establishments of high quality and with turnover rates usually of at least one hour or
longer. Generally, quality restaurants do not serve breakfast; some do not serve lunch;
all serve dinner. Often the restaurants in this land use are not a chain and reservations
are required.
,,Retail,, shall mean one or more establishments devoted to selling merchandise
goods and products to consumers.
,,Retirement Home or Community" shall mean one or more dwelling units
consisting of apartments, condominiums, or a self-contained village, which is restricted
to adults or senior citizens who are self-sufficient. They may also contain special
services such as medical facilities, dining facilities, and some limited, supporting retail
facilities.
,,School" shall mean a facility that provides a curriculum of elementary or
secondary academic instruction (kindergartens, elementary, junior high schools and
high schools) that meets academic standards as provided by the State of Florida. A
public school is one operated by any governmental organization for the benefit of the
general public. All other schools are private or commercial schools.
· ,Self-Service Car Wash" shall mean a land use that allows the manual
cleaning of vehicles by providing stalls for the driver to park and wash the vehicle.
,,Service Station" shall mean a land use generally located at intersections or
freeway interchanges and having facilities, such as gas pumps, for fueling motor
vehicles. They may also have facilities for servicing and repairing motor vehicles. This
land use includes service stations without convenience stores or car washes.
,,Single-Family Attached House" shall mean a duplex.
,,Single-Family Detached House" shall mean a home on an individual lot or
parcel of land intended, designed, used and/or occupied by no more than one family.
,,Site Related Improvements" shall include but not be limited to the
construction of the driveway connection to a public road, acceleration and deceleration
lanes, left-turn and right-turn lanes required for site access, signalization, and signage
and striping. If the construction of an off-site access road is required to provide access
from an existing paved public roadway to the site, those access improvements including
the dedication of minimum of a sixty (60) foot right-of-way and the configuration shall
not be impact fee creditable. Only that portion above sub-base, base and pavement
required for two (2) lanes constructed to local standards in an urban and beyond as
described in On-Site Transportation Improvements, In Excess of Local Regulations
shall be eligible for impact fee credits.
,,Specialty Retail" shall mean small strip shopping centers that contain a variety
of retail shops and specialize in quality apparel; hard goods; and services such as real
estate offices, dance studios, florists and small restaurants.
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,,Square Footage" shall mean the gross area measured in feet from the exterior
faces or exterior walls or other exterior boundaries of the Building, excluding areas
within the interior of the building which are utilized for parking.
,,State Highway System" shall mean those facilities in the County as defined by
Section 334.03(21), Florida Statutes, or its statutory successor in function.
,,Supermarket" shall mean a departmentalized self-service retail market, which
primarily sells food items, but also may sell household items, personal items and other
merchandise. A supermarket is to be distinguished from a grocery store on the basis of
scale, being usually 20,000 square feet or larger in size, and the broader mix of goods
and services.
,,Tire Store" shall mean a land use primarily involved in the business of sales
and marketing of tires for automotive vehicles. Services offered by these stores usually
include tire installation and repair, as well as other automotive maintenance or repair
services and customer assistance. These stores generally do not contain large storage
or warehouse areas.
,,Townhouse" shall mean a group of three (3) or more dwelling units attached to
each other by a common wall or roof wherein each unit has direct exterior access and
no unit is located above another, and each unit is completely separated from any
other(s) by a rated firewall or a fire and sound resistant enclosed separation or space,
and wherein each dwelling unit may or may not be on a separate lot under separate
ownership. For the purpose of assessment of impact fees a townhouse will be
considered a condominium. Please refer to the definition of condominium.
,,Road Impact Fee District" shall mean one of the eight (8) districts located
within the County which are described in Section 74-302 of this chapter.
,,Transportation Network" shall mean the following: (1) the County road
system, excluding all local roads; (2) all facilities on the State Highway System located
within the County; and (3) all collector roads within the city street system, provided that
the improvement of such roads (a) will directly benefit arterial or collector roads within
the County, and (b) is first subject to approval by the County.
,,Trip" shall mean one-way movement of vehicular traffic from an origin to a
destination.
,,Trip Generation Land Use Category" shall mean the Trip Generation Land
Use Category established in the Trip Generation report published by the Institute of
Transportation Engineers and the current edition on the effective date of this chapter, to
be superceded by the most current edition of the effective date of any revisions to the
relevant Impact Fee Study.
,,Trip Generation or Trip Generator Rate" shall mean the average daily Trip
Generation rates for the applicable Trip Generation Land Use CategOry, as adjusted by
the relevant Impact Fee Study.
,,University" shall mean four-year and graduate educational institutions.
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,,Vehicle Miles of Travel (VMT)" shall mean the average new travel added to
the road system by the Development, computed by multiplying the New Net Trips
generated by Development by the Average Trip Length.
ARTICLE II
Impact Fees
Section 74-201. Imposition of Impact Fees.
A. General Requirements. All Development within the unincorporated areas
and within the boundaries of all municipalities in the County shall pay all assessed
Impact Fees unless such Impact Fees, in whole or in pad, have been exempted,
waived, or deferred pursuant to this Chapter. The Impact Fee shall be assessed based
on a calculation of the impact of the proposed Development on the respective Public
Facilities. The amount of the Impact Fee to be assessed for each type of Public Facility
shall be as specified in Sections 74-302 through 74-309 (Section 74-302 - Special
Requirements for Road Impact Fee; Section 74-303 - Special Requirements for Water
Impact Fee and/or Sewer Impact Fee; Section 74-304 - Special Requirements for Parks
& Recreational Facilities impact Fee; Section 74-305 - Special Requirements for Library
Facilities Impact Fee; Section 74-306 - Special Requirements for Emergency Medical
Services Impact Fee; Section 74-307 - Special Requirements for Educational Facilities
impact Fee; Section 74-308 - Special Requirements for Correctional Facilities Impact
Fee; and Section 74-309 - Special Requirements for Fire Facilities Impact Fee.
B. Impact Fee Rates. The Board hereby adopts the Impact Fee Rates
incorporated by reference in Sections 74-302 through 74-309, inclusive, and as set
forth in Schedules 1 through 8, inclusive, appended hereto as Appendix A, which shall
be imposed upon all Development occurring within the County. These rates may be
changed from time-to-time by Resolutions of the Board, provided the Board holds a
public hearing with regard to the Schedule amendments.
C. Change of Size or Use. Impact Fees shall be imposed and calculated for
net increase, alteration, expansion, or replacement of a use or a Building, or part of a
Building (including Dwelling Unit), and each accessory or non-accessory Building,
provided such net increase, alteration, expansion, or replacement of the use, Building,
or part thereof or therein, by applying this chapter results in: (1) a net increase in the
number of Dwelling Units; (2) a net increase in the size or square footage of a Building;
(3) a net increase in the size of the use; or (4) intensification of the use so as to
constitute an expansion of the same use category or result in a change to a higher
Impact Fee land use category; or (5) otherwise create additional demand or additional
impacts on any of the Public Facilities. The Impact Fee imposed under the applicable
Impact Fee Rate shall be calculated as follows:
1. if the Impact Fee is calculated based on land use and not square
footage, such as a golf course, the Impact Fee imposed shall be the Impact Fee due
under the applicable Impact Fee Rate for the Impact Fee land use category resulting
from the alteration, expansion or replacement minus the Impact Fee that would be
imposed under the applicable Impact Fee Rate for the Impact Fee land use category
immediately prior to the new alteration, expansion or replacement.
2. In the event only the square footage of a use or Building is increased,
the Impact Fee shall be calculated only for the net increased square footage.
3. 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 unless
the Accessory Building has its own Impact Fee Rate.
4. If proposed changes to a lawfully existing Building or then permitted use
are deemed to create any additional impact on one or more Public Facilities, then the
Impact Fee that will be due and payable to the County for such proposed changes will
be the monetary difference between any previously paid and applicable Impact Fees
and the Impact Fees which would then otherwise be charged for the proposed changes.
_Any proposed changes under this section which would result in lower net impacts upon
one or more Public Facilities are not entitled to a downward adjustment, off-set, or
credit against any previously paid Impact Fees.
D. Exemptions. The following Development or change in use shall be
exempted from paying additional Impact Fees:
1. Alteration, expansion or replacement of a Building, structure,
Dwelling Unit, or use for which the impact fee has been paid provided the respective
alteration, expansion or replacement: (1) will not create any additional net increase in
the size or square footage of the respective Development, including number of Dwelling
Units; (2) will not result in a net increase of the intensity of use(s); or (3) will not
otherwise create any additional net demand on the respective Public Facility. Lawful
Buildings, structures and/or uses that are not in actual use at the time of the submittal
of an application to the County for Development approval and issuance of that Building
Permit (or other development approval) and that would otherwise result in an obligation
to pay the new (additional) Impact Fees shall be eligible for this exemption, but the
Impact Fee off-set or credit shall never exceed the dollar amount of the Impact Fee
previously paid to the County for the respective then existing lawful Building and/or use.
2. New Building(s) or addition to a Building(s) or an Accessory
Building that will not create additional net demand upon on the Public Facility for which
the exemption is sought over and above the then existing Development impacts
deemed to be created by the then lawfully existing Building(s) or use(s).
3. Construction or expansion of publicly owned residential housing;
however this exemption shall not apply to the applicable Impact Fees for Water and/or
Sewer Public Facilities, or for the applicable Impact Fees for Educational Public
Facilities.
4. Lots, pads, sites, foundations or spaces for a single mobile home,
recreational vehicle, travel trailer, or park model, when the applicable Impact Fee has
been previously paid.
5. An "Adults Only
Educational Facilities Impact Fee.
Community" shall be exempt only from the
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6. Development for which the respective Impact Fee is then expressly
prohibited by Florida law, rule or regulation, or by Federal law, rule or regulation.
E. Affordable Housing Waiver or Deferral.
1. Pursuant to the requirements established in this section and Article
IV, the County shall waive or defer, as applicable, the payment of the Impact Fee for
any new owner-occupied or rental Development which qualifies as Affordable Housing
under Article IV of this chapter.
a. Any Person seeking an Affordable Housing waiver or deferral for
proposed Development shall file with the County Manager an Application for waiver or
deferral, prior to receiving a Building Permit for the proposed Development. The
Application for waiver or deferral shall contain the following:
(1) The name and address of the Owner;
(2) An up to date, complete legal description of the site upon
which the Development is proposed to be located;
(3) The maximum income level of the Owner, or if the Owner is
a developer or builder, the income level of the household to which the Dwelling Unit is
to be sold or provided for occupancy;
(4) The number of bedrooms in each Dwelling Unit of the
Development.
b. If the proposed Development meets the requirements for an
Affordable Housing waiver or deferral as set forth in Article IV, the County Manager
should enter into an Impact Fee waiver or deferral agreement, as applicable, with the
Owner or Applicant. The Impact Fee waiver or deferral agreement shall be in lieu of
prompt payment of the Impact Fee that would then be due and payable but for the
agreement.
2. With regard to any detached single-family residences or duplexes
that are subject to Impact Fee waiver or deferral, the County's interest in the Impact
Fee may be subordinated to all first mortgages or other co-equal security interests.
Impact fee waivers and/or deferrals for only single family, detached residences, or
duplexes, as owner occupied dwelling units will automatically be subordinate to the
owner's previously recorded first mortgage and/or any government funded affordable
housing loan such as SAIL or HOME loan.
3. Impact fee waivers or deferrals may also be similarly subordinated
in the case of rental Multi-Family Dwelling Units, but only 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 when they may become due and payable.
F. Fund Reimbursement. Every county approved deferral or waiver of a
water or sewer Impact Fee requires complete reimbursement and deposit of the entire
amount deferred or waived into the applicable Water or Sewer Trust Fund(s) within
thirty (30) days of the deferral or waiver agreement being signed on behalf of the
county, except for deferrals of less than seven (7) years for multi-family affordable
housing rental units. However, deferrals of less than seven (7) years for multi-family
20
affordable housing rental units must not adversely impact the cash flow or liquidity of
the Water and/or Sewer Impact Fee Trust Fund accounts and thereby frustrate or
interfere with the then planned or then ongoing growth-necessitated capital
improvements and additions to such Water and/or Sewer Systems. Such an adverse
impact may be determined by the Public Utilities Division Administrator whenever either
of the two (2) Trust Fund's individual reserve balances is in jeopardy of approaching (or
actually has reached) less than a total of $600,000 of unappropriated and
unencumbered funds. If the Public Utilities Division Administrator determines that the
unappropriated and unencumbered funds in either of these accounts is then in jeopardy
of approaching a level of less than $600,000, then the total number of such multi-family
affordable housing rental units that may be approved in any such fiscal year (including
the fiscal year when the Public Utilities Division Administrator makes such a "funds in
jeopardy" determination) for deferrals (i.e., for less than seven (7) years) shall not
exceed two hundred and twenty-five (225) units. This unit number limitation will
continue so long as a determination of "jeopardy" exists, except that any of the 225
units not approved by an agreement in any fiscal year where funds are in "jeopardy"
may be accumulated and rolled-over from one fiscal year to the next fiscal year until
such time as the "jeopardy" determination ends.
Section 74-202. Payment.
A. Unless deferred or waived by a written Agreement with the County as a
party thereto, the Impact Fee shall be paid in full prior to the issuance of a Building
Permit for the Development, and no Building Permit or any other authorization to use
the land included in the Development shall be issued until each applicable Impact Fee
has been paid in full.
B. If the issuance of a conventional Building Permit for the Development is
not required (e.g., golf course, park, change of use, etc.), then an applicant shall pay
the Impact Fee prior to the occurrence of any one of the following events, whichever
occurs first:
1. The date when the first Building Permit has been issued for any Building
or structure accessory to the principle use or structure of the Development; or
2. The date when the first Building Permit is issued for the first non-
accessory building or non-accessory structure to be used by any part of the
Development; or
3. The date when a final development order, final development permit or
other final authorization is issued authorizing construction of a parking facility for any
portion of the Development; or
4. The date when a final development order, final development permit or
other final approval is issued for any part of the Development in instances where no
further Building Permit is required for that part of the Development; or
5. The date when any part of the Development opens for business or goes
into use.
C. Owners of all golf courses must submit to the County a certified legal
description and a certified surveyors sketch (to scale) of the course prepared by a
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Professional Engineer before the date the construction of the golf course commences.
D. If the Development is located within the unincorporated area of the
County, the Impact Fee shall be paid directly to the County.
E. If the Development is located within a municipality, the Impact Fee shall
be paid as follows:
1. If the municipality has entered into a Florida Interlocal Cooperation Act,
F.S. 163.01 Agreement with the County that provides for the collection of the Impact
Fee, such Impact Fees shall be paid and collected in accordance with the provisions of
the Agreement.
2. If the municipality has not entered into a Florida Local Government
Development Agreement with the County providing for the collection of the Impact Fee,
such Impact Fees shall be paid directly to the County. The time that such Impact Fees
become due and payable shall be the same as if the Development were in
unincorporated Collier County.
F. If the Development is located within a municipality and the governing body
of the municipality has not agreed to require proof of payment of the Impact Fee to the
County prior to the issuance of a Building Permit by the municipality or to require
additionally the payment of the Impact Fee as a condition of the issuance of a Building
Permit by the municipality, the Impact Fees shall be collected as provided in Section
74-202.A. and B, or, in the event of delinquency in payment, pursuant to Section 74-
501.
G. The obligation for payment of the Impact Fee shall run with the land.
Assignment of Impact Fee credits from one pamel of land to another parcel of land shall
not be permitted except in accordance with the requirements of Section 74-205.
H. In the event a Building Permit issued for a Development expires prior to
commencement of any part of the Development for which the Building Permit was
issued, the Applicant may, within ninety (90) days of the expiration of the Building
Permit, apply for a refund of the entire Impact Fee. Failure to timely apply for a refund
of the Impact Fee shall waive any right to a refund
1. The application for refund shall be filed with the County Manager and
shall contain the following:
a. The name and address of the Applicant;
b. The location of the property upon which the respective
Development was authorized by the respective 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 before the
Development had commenced, the County Manager shall refund the Impact Fee.
3. If a Building Permit is subsequently issued for a Development on
the same property, which was the subject of a refund, the Impact Fee in effect at that
time must be paid.
I. In the event the County or a municipality issues separate Building Permits
for a Building or part of a Building within a Development which by design contemplates
phased (delayed) occupancy, the Board and the Applicant may enter into an agreement
for the phased (installment) payment of the Impact Fee applicable to that portion of the
Development represented by such unoccupied units or space; provided, however, that
all Impact Fees due shall be paid in full prior to issuance of a certificate of occupancy
for occupancy of any delayed occupancy portion of the Building. In the event no
agreement is executed for such phased (delayed) occupancy, the Impact Fees
applicable to that portion of the Development represented by such Building shall be
paid prior to the issuance of a Building Permit.
J. The Impact Fee shall be paid in addition to all other fees, charges and
assessments due for the issuance of a Building Permit.
K. In the event a Development is a Mixed Use Development, the County
Manager shall calculate each Impact Fee based upon each separate Impact fee land
use category included in the proposed Mixed Use Development as set forth in the
applicable Rate Schedule.
L. In the event a development involves a land use not contemplated under
the impact fee land use categories set forth in the rate schedules in Appendix A, the
County Manager shall calculate the appropriate impact fees utilizing the methodologies
contained in the impact fees adopted by section 74-106. The County Manager shall
utilize as standards in his determination the impact fee rate calculation variables
applicable to the most similar land use categories in the applicable impact fee rate
schedules.
Section 74-203, Use of Funds,
A. The Board hereby establishes or reaffirms the establishment of separate
Impact Fee Trust Funds for each of the Public Facilities, designated as follows:
1. Road: "Road Impact Fee Trust Fund";
2. Water and Sewer: "Water Impact Fee and/or Sewer Impact Fee Trust
funds": The County hereby establishes or reaffirms the establishment of two separate
trust Funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled
"Sewer Impact Fee Trust Fund" for sewer;
3. Parks and Recreational: The County hereby establishes or reaffirms the
establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust
Fund" (into which the portion of the Impact Fee allocated to Parks and Recreational
Services paid by Development located in municipalities within Collier County will be
deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into
which the portion of the Impact Fee allocated to Parks and Recreational services paid
be
by Development located in the unincorporated areas of Collier County will
deposited);
Fund";
4. Library: "Library Impact Fee Trust Fund";
5. Emergency Medical: "Emergency Medical Services Impact Fee Trust
6. Educational: "Educational Impact Fee Trust Fund";
7. Correctional: "Correctional Impact Fee Trust Fund";
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8. Fire: "Fire Impact Fee Trust Fund."
Each of these Impact Fee Trust Funds shall be maintained separate and apart from
each other and from all other funds of the County. The portion of the Impact Fee
allocated to each Public Facility under Sections 74-302 through 74-309, inclusive, shall
be deposited into the corresponding Impact Fee Trust Fund immediately upon receipt.
Each of the foregoing Impact Fee Trust Funds shall be further separated or divided
based upon benefit districts established pursuant to the respective Sections 74-302
through 74-309. No Impact Fee in any Trust Account shall be loaned to any other
Impact Fee Trust Account.
B. The funds deposited into each Impact Fee Trust Fund shall be used solely for
the purpose of providing growth necessitated improvements and additions to the
specific Public Facility for which the Impact Fee was assessed including, but not limited
to the following:
1. Design and construction plan preparation;
Permitting and fees;
Construction and design of Public Facilities;
Land and materials acquisition, including costs of acquisition and
condemnation;
5. Right
condemnation;
6.
turn lanes,
signalization.
of way acquisition, including costs of acquisition and
For the Road Impact Fee only, construction of new through lanes, new
new bridges, bike lanes, sidewalks, street lights, and new traffic
However, Impact Fee funds shall not be used to fund bike lanes or
sidewalks unless they are constructed concurrently as part of a road project that
increases capacity. Other capital cost items, including the relocation, but not the up-
sizing of, water and/or sewer utility facilities, may be included subject to such cost being
contemplated in the then-applicable Road Impact Fee Study.
7. Design and construction of new drainage facilities required by the
construction of Public Facilities;
facilities
8. For water and/or sewer Impact Fees, relocating the respective utility
required by the County and additions to County utility facilities;
9. Landscaping;
10. Construction management and inspection;
Surveying, soils and material testing;
For the Water Impact Fee only, development of raw water sources and
11.
12.
supplies;
13. Acquisition of capital equipment for Public Facilities;
14. Acquisition of apparatus, equipment or furniture necessary to expand
the Public Facilities;
15. Repayment of monies transferred or borrowed from any budgetary fund
of the County, or the School Board in the case of Educational Facilities Impact Fee,
subsequent to the adoption of this Chapter, which were used to fund construction,
acquisition and/or improvements to Public Facilities;
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16. Payment of principal and interest, necessary reserves and costs of
issuance under any bonds or other indebtedness (including Certificates of Participation
in accordance with Sections 230.23 and 235.056, Florida Statutes, for Educational
Facilities Impact Fees) issued by the County, or the School Board in the case of
Educational Facilities Impact Fee, to fund growth impacted Public Facilities subsequent
to the adoption of this chapter;
17. Reimbursement of excess Impact Fees due pursuant to Section 74-202
or Section 74-205;
18. Design and construction of Public Facilities necessitated by the
construction of the specific Public Facility for which the Impact Fee was assessed;
19. To the extent provided by law, reimbursement or refund of costs
incurred by the County, or the School Board in the case of Educational Facilities Impact
Fee, in the preparation of this Chapter, of any update to the Impact Fee Studies
adopted pursuant to Section 74-106, and any amendments or supplements adopted
pursuant to Section 74-502 and any other administrative costs incurred by the County;
20. Administration for the specific Public Facility for which the funds were
collected directly relating to this chapter; and
21. Any other expenditures of the respective Impact Fees as then allowed by
Law.
A. Impact Fee Trust Funds shall not be used for any expenditure that would
be classified as a maintenance or repair expense, nor shall they be used on
improvement projects not included in the County's five (5) year CIE.
B. The monies deposited into the Impact Fee Trust Fund shall be used solely
to finance Public Facilities required by growth as projected in the Impact Fee Studies or
the Comprehensive Plan.
C. 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 specific Impact Fee Trust Fund from which the invested funds
came.
D. The Impact Fee collected pursuant to this Chapter (including all
predecessor Ordinances that are hereby being consolidated into this Chapter) shall be
returned to the then current Owner of the property for 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 when the respective Impact Fee
was paid. Refunds 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 respective Impact Fee.
2. The petition for refund shall be submitted to the County Manager, and
shall contain:
a. A notarized sworn statement that the petitioner is the then current
Owner of the property for which the Impact Fee was paid;
b. A copy of the dated receipt issued for payment of such fee or such
other record as would clearly indicate payment of such fee;
c. A certified copy of the latest recorded deed; and
d. A copy of the most recent ad valorem tax bill.
3. Within ninety (90) days from the date of receipt of a complete petition for
refund, the County Manager will advise the Owner of the status of the Impact Fee
requested for refund, and if such Impact Fee has not been expended or encumbered
within its applicable time period, then it shall be returned to the then current Owner. 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. Such funds may be
encumbered by contract, bond, Resolution, Ordinance, or otherwise.
4. Impact Fee monies refunded by the Board in accordance with this
Subsection F shall be paid with interest accrued to the principal being refunded but not
to exceed the rate of five percent (5%) simple interest. Except as provided for in this
Subsection F, no interest shall be paid upon the return or refund of impact Fees.
E. Failure 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 Fee for growth necessitated capital improvements and
additions to the respective Public Facilities.
Section 74-204. Alternative Fee Calculation.
A. The impact Fee may be determined by an Alternative Fee Calculation of
the fiscal impact of the Development on the Public Facilities if:
1. Any Person commencing a Development which increases demand on
any Public Facility chooses to have the Impact Fee for that Public Facility determined
by the Alternative Fee Calculation and pays to the County in full the Impact Fee
calculated pursuant to the applicable Impact Fee Rate Schedule and a non-refundable
Alternative Fee Calculation review fee of two thousand five hundred dollars ($2,500.00)
or any other review fee amount then established by the Board by ordinance or
resolution; and
2. The Applicant believes that the nature, timing or location of the
proposed Development makes it likely to generate impacts costing less than the
amount of the Impact Fee generated by application of Section 74-201 and the Impact
Fee Rate calculations in Sections 74-302 through 74-309, as applicable for the Public
Facilities at issue; and
3. The Applicant commences the Alternative Fee Calculation process by
requesting in writing to the County Manager, and attends with the County Manager, the
preapplication meeting described in Section 74-204(B) within ninety (90) days of the
issuance of the Building Permit for the Development; and
4. The Applicant submits to the County Mana. ger a completed
Alternative Fee Calculation Study as described in this Section within twelve (12) months
of the issuance of the Building Permit for the Development. Prior to expiration of the
foregoing twelve (12) month period, the Applicant may request in writing to the County
Manager up to a six (6) month extension of time to submit the completed Alternative
Fee Calculation Study, Such extension request may be granted by the County
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Manager for good cause shown for extending the time period in which the study is to be
completed. Other extensions of time timely requested by the Applicant in writing may
be granted.
B. Prior to commencing the Alternative Fee Calculation, the Applicant shall
arrange and attend a pre-application meeting with the County Manager to discuss the
requirements, procedures and methodology of the Alternative Fee Calculation. The
pre-application meeting will normally cover the following topics: (1) proposed previous
studies; (2) credits; (3) proposed study sites; (4) study data elements; (5) proposed data
collection methodology; and (6) report format.
C. Subsequent to the pre-application meeting, the Applicant shall submit
three (3) copies of the proposed approach to the Alternative Fee Calculation to the
County Manager. The County Manager shall have thirty (30) County working days to
respond in writing to the proposed approach. If the County Manager concurs with the
proposed approach, the Applicant will be notified to proceed with the Alternative Fee
Calculation. If the County Manager disagrees with the proposed approach, the County
Manager shall identify the problem areas for the Applicant to incorporate and address in
its resubmittal to the County. The Applicant shall be required to receive approval from
the County Manager prior to proceeding with the Alternative Fee Calculation. If the
County Manager has not approved the Applicant's proposed approach after one (1)
resubmittal, the Applicant may request a decision from the County Manager whereupon
the County Manager shall either approve, approve with conditions, or deny the
proposed approach.
D. The Alternative Fee Calculation shall be undertaken through the
submission of an impact analysis for the Public Facilities at issue, which shall be based
on data, information, methodology and assumptions contained in this chapter and/or
the Impact Fee Studies incorporated herein, or an independent source, including local
studies for alternative impact fee calculations performed by others within the
immediately preceding three years, provided that the independent source is a local
study supported by a data base adequate for the conclusions contained in such study
performed pursuant to a methodology generally accepted by professionals in the field of
expertise for the Public Facilities at issue and based upon standard sources of
information relating to facilities planning, cost analysis and demographics and generally
accepted by professionals in the field of expertise for the Public Facilities at issue.
Technical details of approach, methodology, procedures and other matters relating to
the Alternative Fee Calculation may be addressed in an Administrative Procedures
Manual developed by the County Manager and approved by Resolution of the Board.
E. The Alternative Fee Calculation shall be submitted by the Applicant for the
proposed Development and shall be prepared and certified as accurate by persons
accepted by the County as qualified professionals in the field of expertise for the Public
Facilities at issue, and shall be submitted to the County Manager.
F. Within thirty (30) County working days of receipt of an Alternative Fee
Calculation, the County Manager shall determine if it is complete. If the County
Manager determines the application is not complete, he shall send a written statement
specifying the deficiencies to the person submitting the application at the address set
forth in the application. The County Manager will not be required to take any further
action on the Alternative Fee Calculation until all specified deficiencies have been
corrected.
G. After the County Manager determines that the Alternative Fee Calculation
is complete, he shall notify the Applicant of its completion within ten (10) days, and he
shall, within thirty (30) County working days, complete a review of the data, analysis,
and conclusions asserted in the Alternative Fee Calculation. If this review is not
completed within these time frames, and if requested by the Applicant, the item will be
scheduled for the next available Board meeting.
H. If the County Manager determines that in the Alternative Fee Calculation
the County's cost to accommodate the proposed Development is statistically
significantly different than the Impact Fee established pursuant to Section 74-201 and
the applicable Sections 74-302 through 74-309, the amount of the Impact Fee shall be
reduced to a dollar amount consistent with the amount determined by the Alternative
Fee Calculation, subject to the Board's approval.
I. In the event the Applicant disagrees with a decision of the County
Manager that effectively results in a denial of the Alternative Fee Calculation, the
applicant may file a written Appeal Petition with the Board not later than thirty (30) days
after receipt of notice of such a decision by the County Manager. In reviewing the
decision, the Board shall use the standards established herein. The Appeal Petition
must advise the Board of all issues and shall explain the precise basis the Applicant
asserts that the decision(s) of the County Manager is/are alleged to be incorrect.
Section 74-205. Developer Contribution Credit.
A. A person may apply for a credit against any Impact Fee owed pursuant to
Section 74-201 for a specific type of Public Facility for any contribution, construction or
land dedication conveyed to, accepted and received by the County for that same type
of Public Facility. The County may grant a credit against the Impact Fee imposed
against a Development pursuant to Section 74-201, for the construction, installation or
contribution of any Public Facilities, or improvements and additions thereto, or land
dedication related thereto, required pursuant to a development order for the
Development, or not required by such development order. Such construction,
contribution or land dedication shall be subject to the approval of the County Manager
and the Board as described herein and shall be an integral part of, and a necessary
accommodation to, existing or contemplated Public Facilities. Anything to the contrary
notwithstanding, a contribution or dedication related to a specific type of Public Facility
shall be available as a credit only against the Impact Fee for the same type of Public
Facility and there shall be no intermingling or cross-over of credits from one type of
Public Facility to another type of Public Facility.
B. A credit granted against the applicable Impact Fee for certain dedications
of land or for the contributions of Off-site Improvements to the Transportation Network,
contributions of construction or installation of regional water and/or regional sewer
systems, buildings, facilities and/or improvements and/or additions thereto, made to the
regional water and sewer systems, or for other authorized contributions or dedications
for other Public Facilities authorized in this Chapter, whether required to be made
pursuant to a development order by the County or not, shall be subject to the following
standards:
1. The dedicated land shall be an integral part of, and a necessary
accommodation to, contemplated off-site Improvements to the Adopted Needs Plan
Transportation Network, or the County's Regional Water and Regional Sewer Systems
needs, whether on-site or off-site, or the County's other Public Facility needs, as
determined by the County;
2. The road off-site Improvements to be contributed shall be an integral
part of, and a necessary accommodation to, the adopted Cost Feasible Plan for the
Transportation Network;
3. Except as provided in Sections 74-205.B.1 and B.2, no other
dedications of land, contributions of off-site Improvements, contributions of construction
or installation of improvements shall be entitled to developer contribution credit from the
Impact Fee;
4. All dedicated land for road right-of-way shall be conveyed in fee to the
County by statutory warranty deed. Other conveyances to the County, including right-
of-way or easements required by the County shall be conveyed to the County pursuant
to ordinances, resolutions, guidelines or regulations then in effect and in a form of
conveyance acceptable to the County Attorney.
5. The credit for a dedication of land shall not exceed the fair market value
of the land dedication as based upon a written appraisal by a qualified and professional
appraiser acceptable to the County, based upon comparable sales of similar property
between unrelated parties in a bargaining transaction as of the date of the contribution;
the date of the commencement of the construction; the date of the land dedication; or
for dedications, the day before the date of the issuance of the development order
approval (zoning amendment, site plan approval, PUD approval, or other development
order approval) wherein the contribution, construction or land dedication was proffered
or required; whichever occurs first.
6. In the case of contributions of construction or installation of
improvements, the value of the 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. The actual cost of construction for the
contribution shall be based upon costs certified by a Professional Engineer or architect,
as appropriate. However, in no event shall any upward adjustment in the credit amount
as set forth in the developer contribution agreement between the owner and the County
exceed 15 percent above the initial certified estimate of costs for contributions as
provided by the Professional Engineer or architect, as appropriate. Upon adjustment of
the value of the developer's contribution, the contribution credit shall be adjusted
accordingly.
7. Until the contribution credit is finally adjusted upon completion of
construction, no more than seventy-five percent of the initial estimate of costs for
contributions to the regional water and/or sewer systems identified in the contribution
agreement shall be actually applied or used in the calculations of available credit
against water and/or sewer systems Impact Fees.
8. 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
determination of any value of any developer's contribution.
9. 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 of the County as then adopted by ordinance. All plans and
specifications must be approved by the County Manager, Transportation Administrator,
Public Utilities Administrator or appropriate division or department administrator, and
other appropriate governmental entity prior to commencement of construction. A
determination of the amount of credit or reimbursement shall be made prior to
consideration by the Board.
10. No credit for a particular type of Public Facility shall exceed the Impact
Fee for that type of Public Facility for the proposed Development imposed by this
Ordinance, unless a credit (developer's) agreement has been completed pursuant to
the requirements of this section.
C. An applicant who desires to make a dedication of land or contribution for
Impact Fee credits shall, prior to issuance of a Building Permit, submit to the County a
proposed plan for the dedication of land or for the contribution. The proposed plan of
construction or dedication shall include:
1. A designation and legal description of the Development for which the
plan is being submitted;
2. A list of the contemplated Improvements;
3. A legal description of any land or interest in land proposed to be
dedicated and a written appraisal prepared in conformity with the requirements of this
section;
4. An estimate of proposed construction costs certified by a Professional
Engineer or architect, as appropriate; and
5. A proposed time schedule for completion of the proposed plan of
construction or dedication prepared by a Professional Engineer or architect, as
appropriate;
D. Upon submission of a complete plan, the Transportation Administrator or
the Public Utilities Administrator, or appropriate division or department administrator,
shall present to 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. The Board shall authorize the
County Attorney to prepare a contribution agreement with the owner only if:
1. There is a finding that the dedications or contributions contemplated by
the agreement are consistent with the Comprehensive Plan and the requirements of
this section;
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2. Such proposed plan is in conformity with contemplated improvements
and additions to the Transportation Network in compliance with the requirements of
Sections 74-205.B.1 and B.2 or contemplated improvements and additions to the
regional water and/or sewer systems, or otherwise in compliance with Sections 74-
205.B.1 and B.2 for other Public Facilities;
3. There is sufficient funding remaining in the adopted Road Impact Fee
annual credit threshold budget, or any threshold that may be established for other
Public Facilities, to cover the request for such credits; and
4. Such proposed plan, viewed in conjunction with other existing or
proposed plans, will not create a detrimental imbalance between the treatment and
transmission capabilities of the regional water and/or sewer systems; and
5. The Transportation Administrator or Public Utility Administrator or
County Manager has determined that the proposal furthers the development of the
applicable component of the Public Facilities and the proposed plan is, in the opinion of
the Board of County Commissioners, consistent with the public interest.
6. Such proposed plan, viewed in conjunction with other existing or
proposed plans, will not adversely impact the cash flow or liquidity of the applicable
Public Facility Impact Fee trust account in such a way as to frustrate or interfere with
other planned or ongoing growth necessitated capital improvements and additions to
such Public Facility Systems; and
7. The proposed time schedule for completion of the plan is consistent with
the then most recently adopted five-year capital improvement program for the
applicable Public Facility.
E. Upon approval of a proposed plan of dedication or contribution, the
Transportation Administrator or Public Utilities Administrator or County Manager shall
determine the amount of developer credit and shall approve the timetable for
completion of construction. The amount of developer credit to be applied against the
applicable Public Facility Impact Fee shall be determined according to the standards of
valuation described in Section 74-205.B.
F. Upon approval of a plan for the dedication or contribution, a developer
contribution agreement shall be entered into between the County and the owner. A
nonrefundable processing, review and audit fee of $2,500.00 shall be due once the
voluntary plan has been approved and prior to the preparation of a contribution
agreement by the County Attorney. The processing, review and audit fee shall be
returned to the applicant if either the County Manager, the authorized division or
department administrator, or the Board determines the proposed plan is not acceptable.
The processing, review and audit fee shall become non-refundable when the Board
authorizes the County Attorney to prepare a contribution agreement, The contribution
agreement shall, at a minimum, provide for and include, but not be limited to:
1. Identification of the parties including a representation from the owner or
owners disclosing who are the record owners 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
31
identifying the record owner, his authority to enter into the contribution agreement and
identify any lien holders having a lien or encumbrance on the real property that 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 and dedications contemplated by the
agreement are consistent with the Comprehensive Plan.
3. A legal description of all lands included in the Development subject to the
agreement.
4. The duration of the agreement, which shall not be for a period in excess
of five (5) years from the date the County acknowledges completion of the approved
contribution or from the actual date of dedication, but in no event shall the duration
exceed seven (7) years, exclusive of any controlling moratoria, from the date of
recording in the official records.
5. A graphic drawing or rendering and a legal description of the dedication or
contribution to be made pursuant to the agreement.
6. An acknowledgment that the dedications or contributions contemplated
under the agreement shall be construed and characterized as work done and property
rights acquired by a highway or road agency for the improvement of a road within the
boundaries of a right-of-way, or by the county, a utility, or other persons or entities
engaged in the distribution and transmission of water and/or collection or transmission
of sewerage for the purpose of constructing or installing on established rights-of-way,
mains, pipes, cables, utility infrastructure or the like.
7. An acknowledgment that the contribution agreement shall not be
construed and characterized as a development agreement under the Florida Local
Government Development Agreement Act, as then amended, or otherwise.
8. Adoption of the approved time schedule for completion of the plan.
9. Determination of the dollar value amount of credit based upon the
standard of valuation as set forth in Section 74-205.B.1 and 2.
10. A written appraisal for any land dedication.
11. The initial professional opinion of probable construction costs, if any,
provided by a Professional Engineer or Professional Amhitect, as appropriate.
12. A requirement that the owner keeps or provides for retention of adequate
records and supporting documentation that concern or reflect total project cost of the
improvements to be contributed. This information shall be available to the County, or its
duty authorized agent or representative, for audit, inspection or copying, for a minimum
of five (5) years after the termination of the contribution agreement.
13. A requirement that the credit for Impact Fees for the specific Public
Facility identified in the contribution agreement shall run with the land of the subject
Development and shall be reduced by the entire amount of the Impact Fee for that
Public Facility due for each Building Permit issued thereon until the Development
project is either completed or the credits are exhausted or are no longer available, or
have been assigned by operation of or pursuant to an assignment agreement with the
County. The foregoing reduction in the Impact Fee credit shall be calculated based on
the amount of the Impact Fees for that Public Facility in effect at the time the Building
Permit is issued. The credit shall specify the specific type of Public Facility impact Fee
to which it shall apply (e.g., roads, sewer, water, etc.) and shall not apply to any other
type of Public Facility Impact Fee.
14. 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.
15. 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, ordinances, rule
or regulation governing said permitting requirements, conditions, terms or restrictions.
16. Compliance with the then applicable 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 for any contribution or dedication.
17. Annual examination and audit of compliance performed by an
independent auditor to determine compliance with, and performance under, the
contribution agreement, including 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.
18. A provision that mandates modification or revocation of the contribution
agreement as may thereafter be necessary to comply with then-applicable and relevant
state and federal laws, if state or federal laws are enacted after the execution of the
contribution agreement which are applicable to and which preclude the padies'
compliance with the terms of the contribution agreement.
19. Amendment or cancellation by mutual consent of the parties to the
contribution agreement or by their successors in interest.
20. Recording of the contribution agreement in the official records within
fourteen (14) days after the County enters into the contribution agreement. All costs of
recording and conveyance shall be paid by the applicant or owner.
21. The ability to file an action for injunctive relief in the Circuit Court of the
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.
22. An acknowledgment that the contribution agreement shall not be
construed or characterized as a development agreement under the Florida Local
Government Development Agreement Act.
G. Any developer contribution credit granted from the specific type of Public
33
Facility Impact Fee shall only be for those dedications or contributions made to
accommodate growth, within the respective Impact Fee district where the development
is located, and for the same type of Public Facility Impact Fee for which the dedications
or contribution has been made.
H. All Road Impact Fee credits shall be awarded on an annual basis from an
allocation established each fiscal year of the County based upon the recommended
annual budget threshold amount as established in the budget of the Transportation
Services Division. No Road Impact Fee credits greater than this annual allocated sum
shall be allowed in any fiscal year. The balance of any annual unexpended Road
Impact Fee credits may be carried over from one fiscal year to the next fiscal year,
subject to the allocation limit each fiscal year, until expended, provided such agreement
for reimbursement shall not be for a period in excess of seven (7) years from the date
of recording the contribution agreement in the official records of Collier County, and
shall provide for a forfeiture of any remaining reimbursement balance at the end of such
time period.
I. All right-of-way dedications must be consistent with the County's adopted
Needs Plan in order to be eligible for Road Impact Fee credits at the time of the
request.
J. Any dedication or contribution for which a Road Impact Fee Credit is
requested must be in the County's Cost Feasible Plan of the Transportation Network at
the time of the request.
K. if Road Impact Fee credits are not available at the time of request, the
County shall otherwise compensate and may award a cash reimbursement subject to
conformity to all other requirements for credit eligibility and subject to the following
additional conditions:
1. If a phase or phases of the contribution and dedication, or either, are
included in the five-year CIE, the County shall compensate and may agree to reimburse
for that phase or phases of Off-site Improvements at the time the funds are scheduled
to become available in the five-year CIE; and
2. If the County has a budget for advanced right-of-way acquisition, the
County may reimburse for the value of the right-of-way, up to the level of the remaining
budget for such land acquisition.
L. The County shall not reimburse for contributions that are not included in
the five-year CIE or that exceed the amount of credits established in the threshold level
budgeted.
M. In order to maintain the pro-rata or proportionate share purpose of this
Chapter, it is necessary that a uniform method be used countywide in determining credit
against the Impact Fee. Therefore, the County, when considering compensation or
credit, shall apply the then-applicable standards it has established in the unincorporated
areas throughout the entire incorporated and unincorporated County, i.e., with regard to
roads, the dedication of the minimum local road widths is non-compensable, thus
putting the unincorporated areas and the incorporated areas in the same posture and
thereby maintaining the integrity of the pro-rata or proportionate share concept.
34
N. Impact Fee credits shall not be assigned or otherwise transferred from
one Development to another Development except by written agreement executed by
the County, and then, shall only be transferable from one Development to another
Development owned by the same Developer within the same Impact Fee District for the
same type of Public Facility Impact Fee. No such assignment or transfer of Impact Fee
credits shall be allowed until the original Development has been completed. Impact
Fee credits will be accomplished only through the operation of a credit agreement.
Should an assignment of credit be approved by the County through execution of such
an agreement, the assignee shall take the agreement as is and shall be bound by all of
the terms and conditions of the agreement as originally executed by the assignor and
other parties. No assignee (or transferee) of any such Agreement shall have the right
to any review procedure under this Chapter except to the extent expressly granted in
the agreement. The provisions of this paragraph shall apply to subsequent purchasers
or successors in title to the owner.
O. Any Applicant who submits a proposed credit agreement pursuant to this
Chapter and desires the immediate issuance of a Building Permit shall pay the Impact
Fee prior to or at the time of the application for the building permit. 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 County Manager, shall be refunded to the Applicant or Owner.
P. In the event the amount of Impact Fee credit for a specific type of Public
Facility, pursuant to an approved contribution or dedication, exceeds the total amount of
Impact Fee for that same type of Public Facility imposed upon the Development, the
contribution agreement may provide for the future reimbursement to the owner of the
excess of such contribution credit from future receipts by the county of Impact Fees.
However, no reimbursement shall be paid until such time as all development at the
location which was subject to the credit has been completed. Such reimbursement
shall be made over a period of five (5) years from the date of completion of the
development as determined by the County.
ARTICLE Ill
SPECIAL REQUIREMENTS FOR
SPECIFIC TYPES OF IMPACT FEES
Section 74- 301. Overview of Special Requirements.
Because this Chapter is a consolidation of Impact Fee regulations for different
types of Public Facilities, this Article III shall establish and provide additional or different
provisions, requirements and limitations that apply only to a particular type of Public
Facility. A separate section within this Chapter has been included for each type of
Public Facility. In the event of a conflict between the general provisions of this chapter
and the specific provisions set forth in this Article III, the terms and provisions of Article
III shall control.
Section 74-302. Special Requirements For Road Impact Fee.
A. Short Name.
This section may be known as "Special Requirements for Road Impact Fee,"
B. Purpose.
It is hereby ascertained, determined and declared:
. 1. Both existing development and development necessitated by the growth
contemplated in the Comprehensive Plan will require improvements and additions to
the Transportation Network to accommodate and maintain traffic at the level of service
adopted by the County. Future growth, as represented by new Development, should
contribute to the cost of improvements and additions to the Transportation Network
required to accommodate and traffic generated by such growth as contemplated in the
Comprehensive Plan.
2. The required improvement and additions to the Transportation Network
needed to accommodate existing traffic at the level of service adopted by the County
shall be financed by revenue sources of the County other than Road Impact Fee.
3. Implementation of a Road Impact Fee to require future Development to
contribute the cost of required transportation capital improvements and additions is an
integral and vital element of the regulatory plan of growth management incorporated in
the Comprehensive Plan of the County.
4. Future growth as represented by new Development requires capacity
additions to roads within the State Highway System, the County Road System and the
City Street System. The provision of these growth necessitated capacity additions to the
State Highway System and certain portions of the city street system directly benefits all
residents of the County and is interrelated with the provision of growth necessitated
improvements to the County Road System. In recognition of these findings and the
interconnections between the various road systems, it is the intent of the Board to
impose an Impact Fee on Development occurring within the County and to utilize the
proceeds to construct or acquire contemplated improvements and capacity additions to
the Transportation Network.
5. The Board expressly finds that improvements and additions to the
Transportation Network provide a benefit to all Development within the County in
excess of the Road Impact Fee.
6. In recognition that transportation planning is an evolving process, it is the
intent of the Board that improvements and additions to the Transportation Network be
reviewed and adjusted periodically to insure that Road Impact Fees are imposed
equitably and lawfully and are utilized effectively based upon actual and anticipated
growth needs at the time of their imposition.
7. The County has a responsibility to provide and maintain certain roads in
the County in both the unincorporated areas and within incorporated areas of the
County. Placing a fair share of the burden of the cost of providing the improvements
and additions to the Transportation Network required by Development within
incorporated areas constitutes a County purpose. Construction occurring within
incorporated areas impacts the County Road System and State Highway System within
36
Collier County. In recognition of these findings, it is the intent of he Board to impose
the Road Impact Fee on all Development occurring within the County, including areas
within municipal boundaries.
8. The purpose of this Section is to require the Development within the
County to provide for capital improvements and additions to the Transportation Network
which are necessitated by such Development. This chapter shall not be construed to
permit the collection of Road Impact Fees from Development in excess of the amount
reasonably anticipated to offset the demand on the Transportation Network generated
by such Development.
9. This chapter shall not be construed to permit the expending or
encumbering of any monies collected through Road Impact Fees for the construction of
improvements or additions to roads which are not contained within the Transportation
Network.
C. Limitation on Applicability. See Section 74-103.
D. Payment. See Section 74-202.
E. Use of Funds.
1. The Road Impact Fee shall provide funds only for Off-site Improvements
to Transportation Network roads within the same Road Impact Fee District where the
respective Development is located. An exception is permitted where a growth
necessitated improvement or addition(s) thereto is to be constructed to a portion of an
arterial road within a single Road Impact Fee District and the arterial road to be
improved extends into one or more other adjacent Districts. Road Impact Fees from
each such Road Impact Fee District may be used in the respective adjacent District(s)
provided that:
a. The improvement to be made in the adjacent District will
directly benefit Development in the District from which the Road Impact Fees are
generated; and
b. The expenditure of Road Impact Fees within the respective
adjacent Road Impact Fee District is proportional to the benefit derived by the District
wherein the Road Impact Fees are collected.
2. Prior to the expenditure of Road Impact Fees for a capital improvement
or addition located in a Road Impact Fee District other than where the Impact Fees
were derived, a professional engineer shall provide a specific determination of benefit
and demonstrate compliance with the requirements of this Section for the proposed
expenditure. Expenditure of Road Impact Fees in a Road Impact Fee District other
than from where the Impact Fees were derived shall require approval from the Board
and the Board shall support the approval by a specific finding of benefit.
3. Access Improvements, including required right-of-way dedications, shall
be provided by the Applicant in accordance with all other applicable ordinances of the
County.
4. Road Impact Fee District boundaries (where a road right-of-way is used
to define Road District boundaries, that portion of the road right-of-way demarcating the
boundary may be considered as part of either District that it bounds): 37
a. Road Impact Fee District Number 1 is hereby created or affirmed to
include the boundaries set forth and established as described and depicted in Appendix
B, attached hereto and incorporated by reference. Road Impact Fee District Number 1
shall include all areas previously included within District Numbers 1 and 2 created by
ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in
Schedule 1 is hereby adopted and the Road Impact Fees established in the Road
Impact Fee Rate Schedule are hereby imposed on all Development located within Road
Impact Fee District Number 1 at a rate established under the applicable Impact Fee
Land Use Categories.
b. Road Impact Fee District Number 2 is hereby created or
affirmed to include the boundaries set forth and established as described and depicted
in Appendix B, attached hereto and incorporated by reference. Road Impact Fee District
Number 2 shall include all areas previously included within District Numbers 3 and 5
created by ordinance 85-55, as amended. The Road Impact Fee Rate Schedule
incorporated in Schedule 1 is hereby adopted and the Road Impact Fees established in
such Road Impact Fee Rate Schedule are hereby imposed on all Development located
within Road Impact Fee District Number 2 at a rate established under the applicable
Impact Fee Land Use Categories.
c. Road Impact Fee District Number 3 is hereby created or affirmed to
include the boundaries set forth and established as described and depicted in Appendix
B, attached hereto and incorporated by reference. Road Impact Fee District Number 3
shall include all areas previously included within District Number .4 created by
ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in
Schedule 1 is hereby adopted and the Road Impact Fees established in such. Road
Impact Fee Rate Schedule are hereby imposed on all Development located within Road
Impact Fee District Number 3 at a rate established under the applicable Impact Fee
Land Use Categories.
d. Road Impact Fee District Number 4 is hereby created or affirmed to
include the boundaries set forth and established as described and depicted in Appendix
B, attached hereto and incorporated by reference. Road Impact Fee District Number 4
shall include all areas previously included within District: Number 6 created by
Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in
Schedule 1 is hereby adopted and the Road Impact Fees established in such Road
Impact Fee Rate Schedule are hereby imposed on all Development located within Road
Impact Fee District Number 4 at a rate established under the applicable Impact Fee
Land Use Categories.
e. Road Impact Fee District Number 5 is hereby created or affirmed to
include the boundaries set forth and established as described and dePicted in Appendix
B, attached hereto and incorporated by reference. Road Impact Fee District Number 5
shall include all areas previously included within District Number 9 created by
Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in
Schedule 1 is hereby adopted and the Road Impact Fees established in such Road
Impact Fee Rate Schedule are hereby imposed on all Development located within Road
3~
Impact Fee District Number 5 at a rate established under the applicable Impact Fee
Land Use Categories.
f. Road Impact Fee District Number 6 is hereby created or affirmed to
include the boundaries set forth and established as described and depicted in Appendix
B, attached hereto and incorporated by reference. Road Impact Fee District Number 6
shall include all areas previously included within District Number 8 created by
Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in
Schedule 1 is hereby adopted and the Road Impact Fees established in such Road
Impact Fee Rate Schedule are hereby imposed on all Development located within Road
Impact Fee District Number 6 at a rate established under the applicable Impact Fee
Land Use Categories.
g. Road Impact Fee District Number 7 is hereby created or affirmed to
include the boundaries set forth and established as described and depicted in Appendix
B, attached hereto and incorporated by reference. Road Impact Fee District Number 7
shall include all areas previously included within District Number 11 created by
Ordinance 85-55, as amended. No Road Impact Fee shall be initially imposed upon
Development located within Road Impact Fee District Number 7.
h. Road Impact Fee District Number_~8 is hereby created or affirmed to
include the boundaries set forth and established as described and depicted in
Appendix. B, attached hereto and incorporated by reference. Road Impact Fee District
Number 8 shall include all areas previously included within District Numbers 7 and 10
created by Ordinance 85-55, as amended. No Road Impact Fee shall be initially
imposed upon Development located within Road Impact Fee District Number 8.
5. The Board of County Commissioners hereby establishes (or
affirms) eight (8) separate trust funds for the Road Impact Fees to be designated as the
"District Number 1 Road Impact Fee Trust Fund," "District Number 2 Road Impact Fee
Trust Fund", "District Number 3 Road Impact Fee Trust Fund," "District Number 4 Road
Impact Fee Trust Fund," "District Number 5 Road Impact Fee Trust Fund," "District
Number 6 Road Impact Fee Trust Fund", "District Number 7 Road Impact Fee Trust
Fund, and District Number 8 Road Impact Fee Trust Fund."
6. The monies deposited into the respective Road Impact Fee Trust
Funds shall be used solely to provide additions and improvement to the Transportation
Network required to accommodate traffic generated by growth.
F, Impaot Fee Rates, The Road Impact Fee Rate Schedule incorporated in
Schedule 1 is hereby adopted and the Road Impact Fees established in the Road
Impact Fee Rate Schedule are hereby imposed on all Development as required in this
Chapter at a rate established under the applicable Impact Fee Land Use Categories.
Section 74-303, Special Requirements For Water Impaot Fee and/or Sewer
Impaot Fee,
A. Short Name. This section may be known as "Special Requirements for
Water Impact Fee and/or Sewer Impact Fee."
B. Purpose. The purpose of this section is to tailor the general common
requirements of this chapter to the specific requirements of Water and Sewer Impact
Fees. In addition, the Board finds that the Florida Legislature has adopted growth
management legislation which requires local governments to plan for and provide for
capital infrastructure facilities such as water and sewer systems. The Board has
alternative, cumulative and supplemental authority to plan for and provide water and
sewer systems under the laws of the State of Florida, including, but not limited to
chapter 125, Part II of chapter 153, chapter 164, and chapter 380, Florida Statutes;
chapters 78-489 and 88-499, Laws of Florida, and Article 8 of the Constitution of the
State of Florida. Collier County Land Development Regulations and Policies require
persons to install, use, operate or employ interim water and/or sewer treatment facilities
when such persons choose to develop lands in advance of the expansion of the
regional sewer system within the district. Collier County Land Development
Regulations and Policies require that owners of land connected to interim sewer
facilities disconnect from such facilities and connect to the regional water and/or sewer
system whenever the regional sewer system becomes available within the district. The
Board specifically finds that future growth within the non-excluded areas (as described
in Section 74-303.C.) should contribute its fair share to the cost of improvements and
additions to the water and sewer facilities that are required to accommodate the use of
such facilities within the non-excluded areas.
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. Shall not apply within the geographic areas expressly excluded by this
Ordinance from the imposition of Water and Sewer Impact Fees: For purposes of the
water and/or sewer service, Development shall include only Development on lands
within the Collier County Water-Sewer District, exclusive of lands encompassed by the
geographic areas described hereunder. Lands within Collier County generally excluded
from the generally applicable definition of "Development" as it relates to the water
and/or sewer service include (the exclusions set forth below are not all-inclusive); Lands
lying within the excluded areas which are either required to connect or request
connection to the Regional Water System, or which otherwise create a growth
necessitated demand upon the Regional Water System shall be subject to the
imposition of impact fees in accordance with this Chapter in the same manner as if said
lands were not within an excluded geographic area:
a. Those areas lying within the boundaries of the former Marco Water
and Sewer District. Exclusion of the Marco Water and Sewer District recognizes that
this area is not presently planned to be served by treatment capabilities of the Regional
Water and/or Regional Sewer Systems.
b. Those areas lying within the boundaries of the Goodland Water
District. Exclusion of the 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.
c. The following exclusion of the geographic areas in Golden Gate
4O
Estates recognize that the nature of the previous development, the platting of these
areas primarily into large residential tracts and the present zoning and constraints of the
Comprehensive Plan have severely limited the density and use of these areas in such a
manner as to make it economically impractical to serve most of these areas in the
foreseeable future via the Regional Water and/or Regional Sewer Systems or any other
centralized water and/or sewer utility.
(1) Golden Gate Estates, Unit No. 1, Plat Book 4, Page 73, Public
Records of Collier County, Florida.
(2) Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public
Records of Collier County, Florida.
(3) Golden Gates Estates, Unit No. 3, Plat Book 4, Page 77, Public
Records of Collier County, Florida.
(4) Golden Gates Estates, Unit No. 4, Plat Book 4, Page 79, Public
Records of Collier County, Florida.
(5) Golden Gates Estates, Unit No. 26, Plat Book 7, Page 15, Public
Records of Collier County, Florida.
(6) Golden Gates Estates, Unit No. 27, Plat Book 7, Page 17, Public
Records of Collier County, Florida.
(7) Golden Gates Estates, Unit No. 28, Plat Book 7, Page 19, Public
Records of Collier County, Florida.
(8) Golden Gates Estates, Unit No. 29, Plat Book 7, Page 57, Public
Records of Collier County, Florida.
(9) Golden Gates Estates, Unit No. 30, Plat Book 7, Page 58, Public
Records of Collier County, Florida. This subdivision is now part of
Florida Cities Water Company's certificated area.
(10) Golden Gates Estates, Unit No. 31, Plat Book 7, Page 59, Public
Records of Collier County, Florida. This subdivision is now part of
Florida Cities Water Company's certificated area.
(11) Golden Gates Estates, Unit No. 32, Plat Book 7, Page 21, Public
Records of Collier County, Florida.
(12) Golden Gates Estates Unit No. 33, Plat Book 7, Page 60, Public
Records of Collier County, Florida.
(13) Golden Gates Estates Unit No. 34, Plat Book 7, Page 23, Public
Records of Collier County, Florida.
(14) Golden Gates Estates Unit No. 35, Plat Book 7, Page 85, Public
Records of Collier County, Florida.
(15) Golden Gates Estates Unit No. 95, Plat Book 9, Page 45, Public
Records of Collier County, Florida.
(16) Golden Gates Estates Unit No. 96, Plat Book 7, Page 94, Public
Records of Collier County, Florida.
(17) Golden Gates Estates Unit No. 97, Plat Book 7, Page 95, Public
Records of Collier County, Florida.
d. Those areas lying within the Marco Shores, Unit 1, Sections 26 and
4!
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.
e. Ridge Farms Subdivision (not platted) described as follows: Begin
at Southeast corner of Section 6, Township 49 South, Range 26 East, Collier County,
Florida; thence north 88 degrees 50 minutes 15 seconds east along the south tine of
said Section 6; thence north 0 degrees 13 minutes 20 seconds west along the east line
of Section 6 a distance of 3044.40 feet to the east quarter corner; thence continuing
north along said line a distance of 428.84 feet; thence leaving said east line north 88
degrees 40 minutes 58 seconds west, a distance of 1285.80 feet; thence south 1 degree
10 minutes 35 seconds east, a distance of 523.35 feet; thence south 0 degrees 00
minutes 00 seconds east, a distance of 137.19 feet; thence north 88 degrees 41 minutes
53 seconds west, a distance of 3959.46 feet to the east line of aforesaid Section 6;
thence south 0 degrees 00 minutes 00 seconds east along said east line a distance of
3038.77 feet to the point of beginning. Said described tract contains 371.460 acres,
more or less. More generally described as those properties adjacent to or abutting
Hunters Road, Livingston Road, and Daniels Road.
f. Areas North of Radio Road - located within Section 31, Township
49 South, Range 26 East, Collier County, Florida, generally described as those
properties adjacent to or abutting San Marco Boulevard, St. Clair Shores Road, Owen
Lane, and Family Circle Lane.
g. All of Section 8, Township 50 South, Range 26 East (excluding
Falling Waters); Parts of Section 9, Township 50 South, Range 26 East; Parts of Section
16, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range
26 East; Part of Section 17, Township 50 South, Range 26 East; and Part of Section 7,
Township 50 South, Range 26 East all of Collier County, Florida; more specifically
described as those properties adjacent to or abutting Heritage Trail, Unity Way, Cope
Lane; Crews Road, County Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd.,
Sandy Lane Adkins Avenue, Everett Street, Polly Ave., Wendy Lane, Landsdale Lane
and Cynthia Way.
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 Collier County Water-Sewer District.
i. All those areas lying within the Collier County Water and
Wastewater Authority certificated areas of Florida Cities Water Company, and Florida
Water Services Corporation (formerly known as Southern States Utilities, Inc.), or their
successors or assigns, located within Collier County, Florida. (The only exceptions to
this provision to provide service within these certificated areas may exist when the
parties enter into a written agreement for water service to be provided by the County.)
j. All those areas located within the City of Naples service areas as
described in the October, 1977 City/County Agreement and amendments thereto, or
other geographic areas within the City of Naples that are not served by the County with
42
the respective water and/or waste water service.
k. Area of CR951 and US41: one mile sections that run west of the
Collier County Water-Sewer District Boundary described as follows: All of Section 36,
Township 49 South, Range 26 East; All of Sections 1, 11, 14, 23, 26 and 35, Township
50 South, Range 26 East All of Section 2, Township 51 South, Range 26 East; Parts of
Sections 1, 11, and 12, Township 51 South, Range 26 East; Parts of Sections 7, 8, 16,
17, 18, 20, 21, 22, and 27, Township 51 South, Range 27 East, all of Collier County,
Florida.
I. Parker Hammock Subdivision (not platted) as described as
follows: located within Section 15, Township 50 South, Range 28 East, Collier County,
Florida, generally described as those properties adjacent to or abutting the north side of
Rattlesnake Hammock Road, east of Shadow Wood Villas and west of Huntington
Woods; shown on property appraiser tax map as Lot 13 through Lot 44.
2. Areas generally excluded from the imposition of only the sewer
component of the Water and Sewer Impact Fee: The exclusions set forth below are not
absolute; Lands lying within the excluded areas which are either required to connect or
request connection to the Regional Sewer System, or which otherwise create a growth
necessitated demand upon the Regional Sewer System shall be subject to the
imposition of impact fees in accordance with this chapter in the same manner as if said
lands were not excluded:
a. Those areas lying within the Pine Ridge Subdivision as shown in
Plat Book 3, Page 24, Public Records of Collier County, Florida.
b. Exclusion of the following areas in Pine Ridge Subdivision, Pine
Ridge Extension, and Pine Ridge Second Extension recognizes that the nature of the
previous development, the platting of these areas primarily into large residential tracts
and the present zoning and constraints of the Comprehensive Plan have severely
limited the density and use of these areas in such a way as to make it economically
impractical to serve most of these areas in the foreseeable future via the Regional
Water and/or Regional Sewer Systems or any other centralized water or centralized
sewer utility.
(1) Pine Ridge Extension, Plat Book 3, Page 51, Public Records
of Collier County, Florida.
(2) Pine Ridge Extension, Plat Book 4, Page 29, Public Records
of Collier County, Florida.
(3) Pine Ridge Second Extension, Plat Book 10, Page 86,
Public Records of Collier County, Florida.
(4) Pine Ridge Second Extension, Plat Book 12, Page 57-58,
Public Records of Collier County, Florida.
c. Coconut Creek, Unit 1, according to Plat Book 1, Page 108, Public
Records of Collier County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public
Record of collier County, Florida; Coconut Creek, Unit 3, Plat Book 3, Page 48, Public
Records of Collier County, Florida; Westview Plaza, Plat Book 13, Page 50, Public
Records of Collier County, Florida; more specifically described as those properties
43
adjacent to or abutting Lorraine Road, Kathy Street, Gall Boulevard, Esther Street,
Donna Road, Westview Drive, and on North Road.
d. Four Seasons, according to Plat Book 10, Page 95, Public Records
of Collier County, Florida; and Four Seasons Unit 2, according to Plat Book 12, Page 6,
Public Records of Collier County, Florida.
e. Quail Woods (previously known as Edgewild), according to Plat
Book 13, page 44, Public Records of Collier County, Florida; more specifically described
as all single family lots adjacent to or abutting "The Lane."
f. Tall Pines, according to Plat Book 12, Page 70, Public Record of
Collier County, Florida;
g. Isle of Capri No. 1, according to Plat Book 3, Page 41, Public
Records of Collier County, Florida; Isle of Capri No. 2, according to Plat Book 3, Page
46, Public Records of Collier County, Florida; Isle of Capri No. 3, according to Plat Book
3, Page 66, Public Records of Collier County, Florida; Isle of Capri Business Section,
according to Plat Book 3, Page 52, Public Records of Collier County, Florida.
D. Payment,
1. For purposes of the Water and Sewer Impact Fees, Development shall
be subject to the payment of Impact Fees under this Section 74-303, upon the first
occurrence of any of the following:
a. Subject to Subsection 74-201.D.4, whenever any Building or use
which has not previously paid the applicable Water and/or Sewer Impact Fees under
this Chapter, or any predecessor Ordinance in function, connects to the Regional
Sewer System and/or the Regional Water System;
b. Any Building or use is connected, or interim water and/or sewer
systems, is connected either directly or indirectly, to the Regional Water System and/or
Regional Sewer System; or
c. Whenever (i) any person applies for a Building Permit to construct
(or place or install) a Building or utilize a use or Development improvement within the
boundaries of the Collier County Water-Sewer District, even though the subject lands
are then receiving (or may in future receive) interim water and/or sewer services from a
source other than the Collier County Water-Sewer District, or (ii) do not then request
any such service but are located in a place where it is physically possible to effect a
physical interconnection with the respective Regional Water-Sewer District's facilities.
This last provision is to preclude the possibility of unauthorized interconnections without
first paying to the County all then applicable Water and/or Sewer Impact Fees.
d. Whenever a person applies for a Building Permit to alter an existing
Building, use or applicable improvement then connected to the Regional Water System
and/or Regional Sewer System, if such alterations increase the demand or the potential
demand on the Regional Water System and/or Regional Sewer System.
2. Subject to availability of funds, the County may enter into agreements to
extend payment (offer installment payments) of Water and/or Sewer Systems Impact
Fees and associated costs over a period not to exceed seven (7) years with Owners of
then existing Buildings, structures or applicable improvements which are mandated to
44
connect to the Regional Water and/or Regional Sewer Systems. Prior to the County
entering into any agreements to extend payments, and from time-to-time thereafter, the
Board shall identify a specific source of funds to be used relative to providing extended
payment and the cost of such funds, including all expenses and costs incidental to
obtaining or providing same, including interest at the interest rate that the Board or the
Public Utilities Administrator will employ in offering extended payment with interest, and
a reasonable estimation of the administrative costs of expenses associated with
administering the extended payment alternative to the respective land(s).
a. The County shall only enter into agreements to extend installment
payment of the Water and/or Sewer Systems Impact Fees and associated costs with
Owners of then existing buildings, structures or applicable improvements, mandated to
connect to the Regional Water and/or Regional Sewer Systems.
b. The amount of payment, including any title verification expenses
and a reasonable estimation of the cost and expense associated with providing an
extended payment alternative, shall be paid in equal monthly payments with an annual
interest rate as determined by the State Comptroller's Office. State document stamp and
recording fees will be upfront costs borne by the owner and shall be paid in full at the
time the extended payment agreement is executed. The interest rate charged shall be
representative of the County's cost of funds, including all expenses or costs incidental to
obtaining or providing same, if any. The interest charged should be adjusted during
January of any calendar year in accordance with the then applicable ordinance (currently
Ordinance Nos. 96-17 and No. 96-18) and shall be based on the County's cost of funds
for the immediately preceding fiscal year. Failure to make such an adjustment in any
given January shall not preclude retroactive adjustments of such interest rates.
c. With the exception of the approval and execution of agreements, or
an aggregation of related agreements, with a face amount in excess of $6,000, the Board
hereby delegates to the Public Utilities Administrator the power and authority to enter
into, modify, and release such extended payment agreements in conformance with the
provisions of this chapter. The Standard Form agreement, and any other associated
documentation, shall be in a form approved by the Board and acceptable to the County
Attorney. No such Standard Form Agreement shall be modified unless, in the opinion of
the County Attorney, there then exists a compelling reason to do so. Each such
agreement shall be recorded in the Official Records upon approval of the Public Utilities
Administrator.
d. For an agreement, or an aggregation of related agreements, to
extend payment of impact fees and associated costs with a face amount in excess of
$6,000, the County shall require the procedure and documentation for extending
payments to substantially and reasonably conform to generally accepted and reasonably
applicable commercial lending practices, including but not limited to the requirement for
acceptable personal guarantees from one or all of the Owners (or individuals owning a
beneficial interest therein. At its sole option the County may contract with outside
counsel or a servicing agent to prepare such documentation and to advise the County
relative to conformance with generally accepted commercial lending practices and the
45
costs of same shall be borne by the Owner.
e. Upon satisfactory payment of all principal, interest, and associated
costs under an extended payment agreement, the County shall execute a Satisfaction of
Lien and record same in the Official Records of Collier County. A copy of the recorded
Satisfaction of Lien will be mailed (to the mailing address provided to the County by the
other contracting party) by regular U.S. mail to the record Owner within sixty (60) days
from receipt of full payment.
f. In recognition that the payment of the Water and/or Sewer Systems
Impact Fees for then existing mobile home park or rental housing will generally, in some
manner, be passed through to the occupants by an Owner, and in recognition that if such
pro-rata Impact Fee pass-through is collected as one single payment by the Owner, that
such a pass-through may cause financial hardship on these occupants, the Board, in its
sole discretion, may require the Owner to covenant and agree, for the benefit of all
affected persons, to pass through entirely and on the same terms all the benefits of any
extended payment of the Impact Fees to the offected persons.
E. Use of Funds, See Section 74-203.
F, Impact Fee Rates,
The Water and Sewer Impact Fee Rate Schedule incorporated in
Schedule 2 is hereby adopted and the Water and Sewer Impact Fees established in the
Water and Sewer Impact Fee Rate Schedule are hereby imposed on all Development
as required in this chapter at a rate established under the applicable Impact Fee Land
Use Categories.
Section 74-304. Special Requirements For Parks and Recreation Impact Fee.
A. Short Name.
This section may be known as "Special Requirements for Parks and
Recreation Impact Fee."
B. Purpose,
The purpose of this section is to tailor the general common requirements
of this chapter to the specific requirements of Parks and Recreation Impact Fees.
C. Limitation on Applicability. See Section 74-103.
D. Payment. See Section 74-202.
E. Use of Funds, See Section 74-203.
F, Impact Fee Rates.
The Parks and Recreation Impact Fee Rate Schedule incorporated in
Schedule 3 is hereby adopted and the Parks and Recreation Impact Fees established
in the Parks and Recreation Impact Fee Rate Schedule are hereby imposed on all
Development as required in this chapter at a rate established under the applicable
Impact Fee Land Use Categories.
Section 74-305, Special Requirements For Library Impact Fee,
A, Short Name,
This section may be known as "Special Requirements for Library Impact
46
Fee."
B. Purpose.
The purpose of this section is to tailor the general common requirements
of the Ordinance to the specific requirements of Library Impact Fees.
C.Limitation on Applicability. See Section 74-t03.
Payment. See Section 74-202.
E.Use of Funds. See Section 74-203.
F.Impact Fee Rates.
The Library Impact Fee Rate Schedule incorporated in Schedule 4 is
hereby adopted and the Library Impact Fees established in the Library Impact Fee Rate
Schedule are hereby imposed on all Development as required in this chapter at a rate
established under the applicable Impact Fee Land Use Categories.
Section 74-306. Special Requirements For Emergency Medical Services Impact
Fee.
A. Short Name.
This section may be known as "Special Requirements for Emergency
Medical Services impact Fee."
B. Purpose.
The purpose of this section is to tailor the general common requirements
of this chapter to the specific requirements of Emergency Medical Services Impact
Fees.
C. Limitation on Applicability. See Section 74-103.
D. Payment. See Section 74-202.
E. Use of Funds. See Section 74-203.
F. Impact Fee Rates.
The Emergency Medical Services Impact Fee Rate Schedule incorporated
in Schedule 5 is hereby adopted and the Emergency Medical Services Impact Fees
established in the Emergency Medical Services Impact Fee Rate Schedule are hereby
imposed on all Development as required in this chapter at a rate established under the
applicable Impact Fee Land Use Categories.
Section 74-307. Special Requirements For Educational Facilities Impact Fee.
A. Short Name.
This section may be known as "Special Requirements for Educational
Impact Fee."
B.
Purpose.
The purpose of this section is to tailor the general common requirements
of this chapter to the specific requirements of Educational Impact Fees. In addition, the
Board recognizes that the School Board Policy is that the improvements and additions
to the Educational system required to accommodate future growth shall be funded by
the revenue derived from the Impact Fees as well as by existing revenue sources,
therefore credit shall be given for tax revenue sources which have been utilized in prior
years for the funding of Educational System improvements or additions. In the event
47
that this policy is altered by the subsequent action of the School Board, or if additional
revenue is received and committed to necessitated improvements and additions of the
Educational system, the Impact Fee shall be adjusted at the periodic review required
herein and credit shall be given for any revenue which has been utilized for growth-
required improvements and additions to the Educational system.
C.~ Limitation on Applicability. See Section 74-103.
D. Payment. See Section 74-202.
E. Use of Funds. See Section 74-203.
F. Impact Fee Rates.
The Educational Facilities Impact Fee Rate Schedule (Schedule)
established in Schedule 6 is hereby adopted by reference to the Schedule. The
Educational Impact Fee rate to be imposed on any Development is the rate established
in the then adopted Schedule as such rate may be set forth for a certain Impact Fee
Land Use Category, and as such rate in the Schedule may, from time to time, be
amended. Notwithstanding any other provision of this chapter, Educational Impact
Fees will be imposed on individual sites in Recreational Vehicle Parks at the same rate
as may then apply to Mobile Home sites, unless the Schedule, as now adopted, or as
may hereafter be amended, provides otherwise.
Section 74-308. Special Requirements For Correctional Impact Fee.
A. Short Name.
This section may be known as "Special Requirements for Correctional
impact Fee."
B.
Purpose.
The purpose of this section is to tailor the general common requirements
of this chapter to the specific requirements of Correctional Impact Fees.
C. Limitation on Applicability. See Section 74-103.
D. Payment. See Section 74-202.
E. Use of Funds. See Section 74-203.
F. Impact Fee Rates.
The Correctional Impact Fee Rate Schedule incorporated in Schedule 7 is
hereby adopted and the Correctional Impact Fees established in the Correctional
Impact Fee Rate Schedule are hereby imposed on all Development as required in this
chapter at a rate established under the applicable Impact Fee Land Use Categories.
Section 74-309. Special Requirements For Fire Impact Fee.
A. Short Name.
This section may be known as "Special Requirements for Fire Impact
Fee."
B. Purpose.
1. The purpose of this section is to tailor the general common
requirements of this chapter to the specific requirements of Fire Impact Fees.
2. The Board specifically finds that future growth within the Isles of
Capri Fire District and the Ochopee Fire District should contribute its fair share to the
48
cost of improvements and additions to the fire facilities that are required to
accommodate the use of such facilities within the Districts.
C. Limitation on Applicability.
Notwithstanding the General Applicability provisions set forth in Section 74-103,
Fire Impact Fees shall be limited as follows:
1. For purposes of the Fire Impact Fees, Development shall include only
Development on lands within the Isles of Capri Fire District and the Ochopee Fire
District as described below.
2. The Fire Impact Fee shall provide funds only for Off-site Improvements
to fire facilities within the Fire Impact Fee District where the Development is located.
3. The Board of County Commissioners hereby establishes the following
Fire Impact Fee Districts:
Isles of Capri Fire District: 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 Fire District: Ail 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 52S, 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.
D. Payment. See Section 74-202.
E. Use of Funds. See Section 74-203.
F. Impact Fee Rates.
The Fire Impact Fee Rate Schedule incorporated in Schedule 8 is hereby
adopted and the Fire Impact Fees established in the Fire Impact Fee Rate Schedule
are hereby imposed on all Development as required in this Ordinance at a rate
established under the applicable Impact Fee Land Use Categories. "High rise
development" is intended to mean three stories and higher.
49
ARTICLE IV
AFFORDABLE HOUSING IMPACT FEE WAIVER OR DEFERRAL
Section 74-401. Impact Fee Waiver or Deferral.
A. To qualify for an Affordable Housing 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 Dwelling Unit must have a
very Iow, Iow, or moderate income level, at the time of final execution by the County of
waiver or deferral agreement as those income level terms are defined in Section 4.02,
and the monthly payment to purchase the unit must be within the Affordable Housing
guidelines established in Section 4.02. A Dwelling Unit shall qualify as "owner-
occupied" if a written affirmation from the developer to the County-guarantees the
requisite affordable housing units will be constructed, and the affirmation is in effect at
the date of execution of the Impact Fee waiver or deferral agreement by the County and
within twenty-four (24) months from the date of issuance of the certificate of occupancy
or the execution of the-affirmation whichever is later, any option to purchase is
exercised d the purchaser takes ownership of 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 immediately paid unless the Dwelling Unit is sold to
another qualifying Owner.
2. The Owner, or if there is more than one Owner, c~c both 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 paid in full to the County.
B. 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, including any Multi-family
Dwelling Unit, must have a very Iow or Iow income level, at the commencement of the
leasehold and during the duration thereof, as those terms are defined in Section 74-402
and the amount of rent must be within the Affordable Housing guidelines established in
Section 74-402.
2. The Dwelling Unit must be the household's permanent residence.
C. All Impact Fees deferred for owner-occupied Dwelling Unit at the time the
Building Permit was issued shall become due and payable and shall be immediately
paid in full 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, payment will be made to the Collier
County affordable housing trust fund. For purposes of this ^rticle, a non-qualified
purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in
subsection A above or a Person who does not agree to the terms of the waiver or
deferral of impact fees agreement.
D. Deferred Impact Fees for rental dwelling units, including any Multi-family
Dwelling Units, shall in all events be due and payable not later than six (6) years and
nine (9) months after the execution of the impact fee deferral agreement by the County.
Such fees shall be accelerated and automatically be due and payable prior to that time
period if there is any breach of the subject Impact Fee Deferral Agreement by the non-
County party.
E. 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
paid 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 was issued for the
Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives
Partnership (SHIP) Program funds, payment will be made to the Collier County
affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in
compliance with this Article for fifteen (15) years after the date the certificate of
occupancy was issued for the Dwelling Unit, the Impact Fees are no longer due and the
lien on the subject property shall be released.
F. 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, including any Multi-family Dwelling Unit, shall be the percentage set forth in
Section 4.02 below. The Impact Fees waived or deferred shall be a lien on the property
until all requirements under this Article and the Agreement have been satisfied.
G. Rentals & Owner Occupied Dwelling Units.
1. Annually, the Owner (i.e., Lessor) of a rental Dwelling Unit,
including any Multi-family Dwelling Unit, shall provide to the County Manager an
affidavit of compliance with the criteria set forth in this Section. The affidavit must be
filed within thirty (30) days of the anniversary date of the issuance of a certificate of
occupancy. If the affidavit is not filed on time the Affiant shall pay to the County a fifty
dollar late fee. If the income of any unit renter which originally qualified as very Iow or
Iow income level as defined in Section 74-402 below exceeds the Affordable Housing
benefit standards set forth in Section 74-402 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 Section 74-402 below. Developments which are then
monitored by the Florida Housing Finance Corporation, or any other state or federal
agency, will not be required to file this separate affidavit of compliance with the County
Manager.
2. If the household income of the qualified owner-occupied Dwelling
Unit rises above the benefit standards for waivers and deferrals set forth in Section 74-
402 below, the Owner shall maintain the waiver and/or deferral. Notwithstanding the
foregoing, all outstanding Impact Fees waived or deferred shall be paid in full upon
51
sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived
Impact Fees where the Owner has complied with the Waiver or Deferral Agreement
and the Affordable Housing criteria set forth in this Article for fifteen (15) years after
issuance of the certificate of occupancy.
H. The Owner receiving an Impact Fee waiver or deferral shall enter into a
Waiver or Deferral Agreement of 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 Article:
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
Development must be sold or rented to households meeting the criteria set forth in this
Article 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 Section 74-402's qualifications and approval prior to
Building Permit issuance. A Dwelling Unit shall qualify as "owner-occupied" if a written
affirmation by the developer to the County guarantees the requisite affordable housing
units will be constructed, and the affirmation is in effect at the date of execution by the
County of the Impact Fee Waiver or Deferral Agreement and within twenty-four (24)
months from the date of issuance of the certificate of occupancy or the execution of
the affirmation, whichever is later, any 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 paid immediately unless the subject property is sold to another
qualifying Owner.
3. For each such owner-occupied Dwelling Unit, the amount of Impact
Fees deferred shall be paid to the County in full upon the sale or transfer to a non-
qualified purchaser. If Impact Fees were paid with State Housing Initiatives partnership
(SHIP) Program funds, payment in full will be made to the Collier County Affordable
Housing Trust Fund. For rental units, including any Multi-family Dwelling Unit, the
Impact Fees deferred shall in all events be due and payable no later than six (6) years
and nine (9) months after the execution by the County of the impact fee deferral
Agreement. Such fees shall be accelerated and thereby be automatically due and
payable prior to that time period if there is any breach in the subject Impact Fee
Deferral Agreement by the non-County party.
4. For owner-occupied Dwelling Units where Impact Fees have been
waived, the Dwelling Units must be utilized by the original qualifying Owner, or
subsequent qualifying purchaser, as Affordable Housing in compliance with this Article
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 paid in full
to the County before the closing becomes final. If not so paid, the obligation shall be a
lien on the dwelling unit under the following subsection. If Impact Fees were paid with
.52
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 payment in full. In the case of a deferral, such release shall be recorded upon
payment in full. Neither the deferred and/or waived Impact Fees nor the Agreement
providing for the waiver and/or deferral of Impact Fees shall be transferred, assigned,
credited or otherwise conveyed from the Dwelling Unit. The deferrals and/or waivers of
Impact Fees and the Agreement thereto shall run with the land.
6. Annually, the Owner of a rental Dwelling Unit, including any Multi-
family Dwelling Unit, shall provide to the County Manager an affidavit of compliance
with the criteria set forth in this Article. The affidavit must be filed within thirty (30)
days of the anniversary date of the issuance of a certificate of occupancy. If the
affidavit is not filed on time the Affiant shall pay to the County a fifty dollar late fee. If
the income of any home renter or duplex unit renter which originally qualified as very
Iow or Iow income level as defined in Section 74-402 below exceeds the Affordable
Housing benefit standards set forth in Section 74-402 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 Section 74-402 below. Developments
which are monitored by the Florida Housing Finance Corporation or similarly monitored
by any other state, or federal agency will not be required to file this separate affidavit of
compliance with the County Manager.
7. Upon satisfactory completion of the Agreement's requirements, the
County shall record any necessary documentation evidencing same, including, but not
limited to, a release of lien.
8. In the event the Owner is in default under the 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 enfome the agreement or declare that the waived
or deferred Impact Fees are then immediately due and payable. The Board shall be
entitled to recover all fees and costs, including attorney's fees and costs, incurred by
the County in enforcing the Agreement, plus interest at the then maximum 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 at no cost to the County.
I. The amount of Impact Fee waivers and deferrals granted pursuant to this
53
Article 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 chapter 114, article III of this Code. Fees waived or deferred
shall be paid by the Board into the appropriate Impact Fee Trust Account within six (6)
years and nine (9) months 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
appropriate Impact Fee Trust Account such amounts equal to any Impact Fees
previously waived or deferred by the Board, within six (6) years and nine (9) months
from the date of such waiver, or deferral, but in no event, later than the time when that
amount is needed for a project funded by those Impact Fees waived or deferred. The
Board shall pay into the appropriate Impact Fee Trust Account such amounts equal to
any Impact Fees previously waived or deferred by the Board, within six (6) years and
nine (9) months 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 pement (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 Iow and Iow income levels.
J. Any changes or amendments to this Article or the minimum funding
requirements adopted in this Article must occur as an ordinance amendment at a public
hearing of the Board of County Commissioners.
K. Agreements for the waiver or deferral of impact fees for affordable
housing may only be approved for the following types of dwelling units:
1. single family residences that are fully detached, and either owner-
occupied or rental dwelling units, or
2. owner-occupied or rental dwelling units in a residential duplex, or
3. rental (leased) multi-family dwelling units.
Owner-occupied multi-family dwelling units are not eligible for the deferral or waiver of
any impact fee.
L. Notwithstanding any provisions elsewhere in this Chapter to the contrary,
any Owner that develops an Affordable Housing rental apartment complex consisting in
whole or part of Multi-family Dwelling Units serving very Iow and/or Iow income levels
and meeting all requirements, and subject to all conditions, of this Article shall be
entitled to defer one hundred percent (100%) of the Impact Fees applicable only to
such rental Multi-family Dwelling Units serving very Iow and/or Iow income levels if: (i)
all such deferred Impact Fees are paid on or before the end of six (6) years and nine (9)
months_from the date such Impact Fees are deferred; and (ii) the rental apartment
development shall remain Affordable Housing qualified (under this Article) for a
minimum of 15 years.
M. Impact fee waivers or deferrals for only single family, detached
54
residences, or duplexes, as owner occupied dwelling units, will automatically be
subordinate to the owner's first mortgage and/or any government funded affordable
housing loan such as SAIL or HOME loan. Impact fee waivers or deferrals may also be
similarly subordinated in the case of rental Dwelling Units, including any Multi-family
Dwelling Units, but only 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 when
they may become due and payable.
Section 74-402, Affordable Housing Definitions, Benefit Standards and
Limitations,
A. The following sets forth the applicable definitions and benefit standards
for Affordable Housing Dwelling Units for the purpose of determining eligibility for
Impact Fees waivers and deferrals (herein referred to as "benefits").
1. Definitions of Affordable Housing Income Groups.
a. "Very Iow income families" means families whose
incomes do not exceed fifty pement (50%) of the median income for the area as
determined by the Secretary of the U.S. Department of Housing and Urban
Development.
b. "Low income families" means families whose incomes are
more than fifty percent (50%) but do not exceed sixty percent (60%) of the median
income for the area by the Secretary of the U.S. Department of Housing and Urban
Development.
c. "Moderate Income families" means families whose
incomes are more than sixty pement (60%) but do not exceed eighty pement (80%) of
the median income for the area as determined by the Secretary of the U.S. Department
of Housing and Urban Development.
In no instance shall rental limits exceed the rental limits established by the
Florida Housing Finance Corporation for rents adjusted to bedroom size in projects
assisted under the, Florida Housing Finance Corporation or any other local, state, or
federal agency, based on unit size.
2. Benefit Standards.
a. Affordable Housing owner-occupied Dwelling Units which
exclusively serve very Iow 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 hereof.
b. Affordable Housing rental Dwelling Units which exclusively
serve very Iow or Iow income families shall have one hundred pement (100%) of the
applicable Impact Fee deferred pursuant to the terms hereof.
c. Affordable Housing owner-occupied Dwelling Units which
exclusively serve Iow-income families and which are the owner's homestead shall have
fifty pement (50%) of the applicable Impact Fees waived and have fifty percent (50%) of
the applicable Impact Fee deferred pursuant to the terms hereof.
55
d. Affordable Housing owner-occupied Dwelling Units shall
exclusively serve moderate income families and which are the owner's homestead shall
be required to pay twenty-five pement (25%) of the applicable Impact Fee, and shall
have seventy-five percent (75%) of the applicable Impact Fee deferred pursuant to the
terms hereof.
e. Development which meets the criteria set forth in Section
74-401.A and 74-401.B 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 pement (100%) of the Impact Fees for that construction waived,
pursuant to the terms hereof.
ARTICLE V
MISCELLANEOUS PROVISIONS
Section 74-501. Collection of Impact Fees in Default.
Whenever the County determines that an Impact Fee was not paid prior to the
issuance of a Building Permit for the affected Development, the County shall proceed to
collect the Impact Fee as follows:
A. The County shall serve, by certified mail, return receipt requested, or by
any other then lawful means of delivery, a "Notice of Impact Fee Statement" upon the
Applicant at the address set forth in the application for Building Permit, and the Owner
at the address appearing on the most recent records maintained by the Property
Appraiser of the County. The County shall also attach a copy of the "Notice of Impact
Fee Statement" to the Building Permit posted at the affected Development site if the
Building is under construction. Service shall be deemed effective on the date the return
receipt indicates the notice was received by either the Applicant or the Owner or the
date said notice was attached to the Building Permit, whichever occurs first, or by any
other evidence of the date that the "Notice" was received by the addressee. The "Notice
of Impact Fee Statement" shall contain a description of the property and shall advise
the Applicant and the Owner as follows:
1. The amounts due as calculated under Section 74-201 and each of
Sections 74-302 through 74-309, inclusive, and the general purpose for which the
Impact Fee was imposed;
2. The date that the Impact Fee became delinquent, and that as of that
date the unpaid Impact Fee became subject to the delinquency fee, and that interest
began to accrue on that date, and that such interest will continue to accrue thereafter
until all amounts due are paid in full;
3. That in the event the Impact Fee and the delinquency, fee are paid in full
within thirty (30) days after receipt of the "Notice," all interest that would have otherwise
accrued will be waived;
4. That in the event the Impact Fee is not paid in full within thirty (30) days
after receipt of the "Notice", a lien against the property for which the Building Permit
was secured may be recorded in the Official Records Book of the County for all
56
amounts then due after approval by the Board.
B. Upon becoming delinquent, a delinquency fee equal to 10% of the total
Impact Fee imposed shall be assessed. Once delinquent, the total Impact Fee, plus
delinquency fee, shall bear interest at the then applicable statutory rate for final
judgments calculated on a calendar day basis, until paid in full, as required in 74-501 A.
3. or 4., above.
C. Should the Impact Fee not be paid promptly as set forth in Section 74-
501.B, the County shall serve, by certified mail return receipt requested, or by any other
then lawful means of delivery, a "Notice of Lien" upon the delinquent Applicant, if the
Building is under construction at the address indicated in the application for the Building
Permit, and upon the delinquent Owner or Trustee at the address appearing on the
most recent records maintained by the Property Appraiser of the County. The Notice of
Lien shall notify the delinquent Applicant and delinquent Owner or Trustee that due to
their failure to pay the Impact Fee, the County may file a Claim of Lien with the Clerk of
the Circuit Court.
D. In the event the recipient of a Notice of Delinquency or Claim of Lien
disputes any material aspect of either Notice, the applicant, upon paying the impact fee
amounts set forth in the respective Notice, may file a written Appeal Petition with the
Board not later than thirty (30) days after receipt of such Notice. In reviewing the
decision, the Board shall use the standards established herein. The Appeal Petition
must advise the Board of all disputed issues regarding the amount due and shall
explain the precise basis the Applicant asserts that the Notice is incorrect.
E. If the total Impact Fees have not been received by the County within thirty
(30) days of the posting of the Notice of Claim of Lien (or receipt of the Notice by the
Owner or Trustee), the County Attorney may then, regardless of the filing of any Appeal
Petition, request the Board to approve, at a regularly scheduled public meeting, the
filing of a Claim of Lien with the Clerk of the Circuit Court and recording same in the
Official Records of the County. The recorded Claim of Lien shall contain the legal
description of the property, the amount of the delinquent Impact Fee, plus the
delinquency fee and interest, and the date the impact fee became due. Once recorded,
the Claim of Lien shall constitute a lien against the property described therein. The
County Attorney may proceed expeditiously to collect, foreclose, or otherwise enforce
said lien.
F. After the expiration of thirty (30) days from the date of recording of the
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, as then amended, 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 in
dignity to all other filed liens and claims, until paid as provided herein.
57
H. The foregoing paragraphs of this Section notwithstanding, all Impact Fees
not paid to the County in full when due shall automatically become "delinquent."
Moreover, when any Impact Fees becomes delinquent anywhere throughout the unified
whole of the respective Development, the County is authorized to withhold every then
unissued development order(s) applied for by, or on behalf of, the landowner or the
developer, and in addition apply any and all of the civil penalties and remedies set forth
in the Enforcement Division of the Collier County Land Development Code until all such
delinquent Impact Fees have been paid to the County in full. "Development Order"
shall mean each item included in the definition of "Development Order" as then defined
in Collier County's "Adequate Public Facilities Ordinance" and/or as then defined in
Section 163.3614, Florida Statutes, (as may then be renumbered). In this context,
phases in phased developments shall be disregarded.
I. The collection and enforcement procedures set forth in this Section shall
be cumulative with, supplemental to and in addition to, all other 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 other ordinances or administrative regulations of the County or
any applicable law or administrative regulation of the State of Florida.
Section 74-502, Update Requirement,
A. This chapter and the Impact Fee Studies shall be reviewed by the Board
initially in connection with its approval of the capital improvements element of its
Comprehensive Plan as then, and to the extent, required by Section 163.3177, Florida
Statutes. This Chapter and the Impact Fee Studies should be reviewed at least .every
three (3) years. All reviews shall consider new estimates of population and other
socioeconomic data; changes in construction, land acquisition and related costs and
adjustments to the assumptions, conclusions or findings set forth in the studies adopted
by Section 74-106. The purpose of this review is to evaluate and revise, if assure that
they do not exceed the reasonably anticipated costs associated with the improvements
and additions necessary to offset the demand on the Public Facilities generated by
Development. In the event the review of this Chapter alters or changes the
assumptions, conclusions and findings of the studies adopted by reference in Section
74-106, revises or changes the Public Facilities, or alters or changes the amount of
Impact Fees, the studies adopted by reference in Section 74-106 shall be amended
and updated to reflect the assumptions, conclusions and findings of such reviews; also
Section 74-106 shall be amended to adopt by reference such updated studies.
B. Simultaneous with the review of the Impact Fee Studies required in
Subsection A of this Section, the Board shall review the capital improvements element
to determine the availability and adequacy of revenue sources to construct
improvements and additions to the Public Facilities determined in the Impact Fee Study
to be required to accommodate existing development.
Section 74-503, Incorporation of Administrative Procedures Manual,
The currently existing administrative procedures manual(s) for the Public
58
Facilities Impact Fee are incorporated and referenced herein except to the extent that it
conflicts or varies the terms of this chapter. Such administrative procedures manual(s)
shall continue to be incorporated and referenced herein until such time as amended by
resolution or other action of the Board.
Section 74-504, Declaration of Exclusion from Administrative Procedures Act,
Nothing contained in this Chapter 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, any municipality, District,
or other entity in the County to the application of the Administrative Procedures Act, to
wit: Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply
to all proceedings taken as a result of or pursuant to this Chapter including specifically,
but not limited to, consideration of a determination of entitlement to an Impact Fee
Waiver or Authorization for Deferral pursuant to Section 74-202.
SECTION TWO. APPENDICES FOR IMPACT FEE RATE SCHEDULES &
DISTRICT BOUNDARIES.
The Impact Fee Rate Schedules referenced in Section 74-201.B., of this
Ordinance are hereby included as Appendix A, attached hereto, and the Road Impact
Fee District boundaries referenced in Section 74-302.E., of this Ordinance are hereby
included as Appendix B, attached hereto, and both appendices are a part of this
Ordinance as if set forth fully herein.
SECTION THREE. CONFLICT AND SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared
unconstitutional or invalid for any reason or cause, the remaining portion of said
Ordinance shall be in full force and effect and be valid as if such invalid portion thereof
had not been incorporated herein. In the event it is held or construed by any court of
competent jurisdiction that the County does not possess the power or authority to
impose the Impact Fee within municipal areas or that the imposition of the Impact Fees
within municipal areas is declared invalid or unconstitutional for any purpose, such
declaration of unconstitutionality of the imposition of the Impact Fee in the
unincorporated area of the County and it is the intent of the County, in such event, that
such imposition of Impact Fees in the unincorporated areas remain valid and in force.
SECTION FOUR. REPEAL OF ORDINANCES.
This Ordinance repeals and supercedes in their entirety the following
Ordinances: Collier County Ordinances: Ordinance No. 98-69, the Collier County Water
and/or Wastewater Systems Impact Fee Ordinance; Ordinance No. 88-97, as
amended, the Collier County Library System Impact Fee Ordinance; Ordinance No. 99-
39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance;
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services
System Impact Fee Ordinance; Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Ordinance No. 92-33, as amended, the Collier County
Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
99-52, the Collier County Correctional Facilities Ordinance; and Collier County
Ordinance No. 98-30, The Isles of Capri and Ochopee Fire Impact Fee Ordinance.
SECTION FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance, including the Appendices, 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 SlX. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
THIS ORDINANCE WAS DULY ADOPTED in regular session, this 13th
day of March, 2001.
~ ,,¢ ~ .~ ~t ,'
DW GHT E. ~tROCK~ CLERK
~.., D~pu~ Clerk ,.,'...'
BOARD OF COUNTY COMMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:JAM~RMAN
Approved as to form and
legal sufficienc/~ I
Thomas C. Palmer
Assistant Collier County Attorney
sicq~line Hubbard Robinson
ty Attorney
Patrick G. White
Assistant Collier County Attorney
This ordinance filed with the
Secretary of ~tate'a Office the
I e/? day of/lrh°,~l''~. ,;~.~ O (
cnd ~cknowledgement of that
filing_£eceiv[~,d this j.O.3.~O day
60
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
the
ORDIND~NCE NO. 2001-13
Which was adopted by the Board of County Commissioners on
13th day of March, 2001, during Regular Session.
WITNESS my hand and the official
County Commissioners of Collier County,
of March, 2001.
seal of the Board of
Florida, this 16TH day
DWIGHT E. BROCK
Clerk .of Courts~
Ex-officio to So~r~.,-id0~
County Comml s s~ig~6~Z:~:
By: Teri ~iq~~' ~.;:
Deputy d~
APPENDIX A
SCHEDULE ONE
ROAD IMPACT FEE RATE SCHEDULE
Residential
Single Family Detached House
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.$
2,500 Sq. Ft. or larger
Multi-Family (1-2 Stories)
Multi-Family (3-9 Stories)
Multi-Family(Above 10 Stories
Congregate Care Facility (ACLF)
Condominiurn/Townhouse
Mobile Home
Retirement Home
High-Rise Condominium
Lod~,im,
Hotel
Motel
Resort Hotel
RV Park
Recreation
Golf Course
Movie Theaters
Marina
Institutional
Hospital
Nursing Home
Church
Elementary School
Middle School
High School
Jr./Community College
University
Day Care
$1,825.00/Dwelling Unit
$2,433.00 Dwelling Unit
$2,871.00 Dwelling Unit
$1,800.00 Dwelling Unit
$1,811.00 Dwelling Unit
$1,147.00 Dwelting Unit
$263.00 Dwelling Unit
$1,512.00 Dwelling Unit
$1,053.00 Dwelling Unit
$1,012.00 Dwelling Unit
$1,079..00 Dwelling Unit
$1,762.00 Per Room
$892.00 Per Room
$1,550.00 Per Room
$1,065.00 Dwelling Unit
$156,334.00 18 Holes
$10,571.00 Per Screen
$862.00 Boat Berth
$3,763.00 1000 Sq. Ft.
$340.00 Per Bed
$2,190.00 1000 Sq. Ft.
$213.00 Per Student
$322.00 Per Student
$421.00 Per Student
$382.00 Per Student
$590.00 Per Student
$225.00 Per Student
This ordinon~,~ fi~d with the
Sec[etary of Sta~'s O.ffic_e ~
a~ ~wl~g~e~ ~ ~
A-1
APPENDIX A
SCHEDULE ONE
ROAD IMPACT FEE RATE SCHEDULE (CONTINUED)
Office
Office 50,000Sq Ft or less
Office 50,001-100,000Sq Ft or less
Office 100,001-200,000Sq Ft or less
Office 200,001-400,000Sq Ft or less
Office Greater than 400,000Sq Ft
Medical Office
$3,947.00 1000 Sq. Ft.
$3,361.00 1000 Sq. Ft.
$2,861.00 1000 Sq. Ft.
$2,436.00 1000 Sq. Ft.
$2,218.00 1000 Sq. Ft.
$7,266.00 1000 Sq. Ft.
Retail
Specialty Retail
Retail 50,000Sq Ft. or less
Retail 50,001-100,000Sq Ft
Retail 100,001-150,000Sq Ft
Retail 150,001-200,000Sq Ft
Retail 200,001-400,000Sq Ft
Retail 400,001-600,000Sq Ft
Retail 600,0014,000,000Sq Ft
Retail greater than 1,000,000Sq Ft
Pharmacy/Drug Store w/Drive-Thru
Home Improvement Superstom
Restaurant: High Turnover
Restaurant: Low Turnover
Restaurant: Drive-in
Service Station
Supermarket
Quick Lube
Convenience Store
Convenience Store w/Gas Pumps
Convenience Store/Gas/Fast Food
$6,110.00 1000 Sq. Ft.
$3,358.00 1000 Sq. Ft.
$3,838.00 1000 Sq. Ft.
$3,911.00 1000 Sq. Ft.
$4,032.00 1000 Sq. Ft.
$4,514.00 1000 Sq. Ft.
$4,750.00 1000 Sq. Ft.
$4,984.00 1000 Sq. Ft.
$5,051.00 1000 Sq. Ft.
$3,589.00 1000 Sq. Ft.
$4,354.00 1000 Sq. Ft.
$10,575.00 1000 Sq. Ft.
$9,310.00 1000 Sq. Ft.
$21,161.00 1000 Sq. Ft.
$2,405.00 Per Pump
$4,418.00 1000 Sq. Ft.
$4,570.00 Per Bay
$11,468.00 1000 Sq. Ft.
$6,913.00 Per Pump
$13,182.00 1000 Sq. Ft.
Services
Auto Repair/Body Shop
Tire Stom
New/Used Auto Sales
Bank/Savings: Walk-in
$4,456.00 1000 Sq. Ft.
$3,268.00 Per Bay
$8,093.00 1000 Sq. Ft.
$6,636.00 1000 Sq. Ft.
A-2
APPENDIX A
SCHEDULE ONE
ROAD IMPACT FEE RATE SCHEDULE (CONTINUED)
Bank/Savings: Drive-in
Car Wash
$11,125.00 1000 Sq. Ft.
$10,017.00 Per Bay
Industrial and Agricultural
General Industrial
Business Park (Flex-space)
Mini-Warehouse
$2,279.00 1000 Sq. Ft.
$4,385.00 1000 Sq. Ft.
$567.00 1000 Sq. Ft.
A-3
APPENDIX A
SCHEDULE TWO
WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE
RESIDENTIAL
LIVING BASIS OF FEE METER ERC WATER
SPACE ALLOCATION SIZE IMPACT
(Sq. Ft.) FEE
SINGLE FAMILY 0 to 4,999 Per Unit 3A" 1.0 $1,275.00
(No more than Sq. Ft.
4 Bathrooms)
SINGLE FAMILY Ov,er 5,000 Meter Size/ Per n/a Based on
(More than Sq. Ft. Per Unit Ordinance Meter Size
4 Bathrooms)
MULTI-FAMILY 0 to 750 Per Unit Per .33 $ 420.00
DUPLEX Sq. Ft. Per Unit Ordinance
MOBILE HOME Per Unit or Space
TRAVEL TRAILER/ Per Unit or Space
R.V. (TTRV)
MULTI-FAMILY 751 to 1,500 Per Unit Per
DUPLEX Sq. Ft. Per Unit Ordinance
MOBILE HOME Per Unit or Space
MULTI-FAMILY 1,501 or More Per Unit Per
DUPLEX Sq. Ft. Per Unit Ordinance
MOBILE HOME Per Unit or Space
.67 $ 855.00
SEWER
IMPACT
FEE
$1,575.00
$1,575.00
$ 520.00
$1,055.00
1.0 $1,275.00 $1,575.00
NON-RESIDENTIAL: WATER METER SIZE WATER SEWER
IMPACT IMPACT
FEE FEE
~ $ 1,275.00 $ 1,575.00
I $ 3,188.00 $ 3.938.00
1 ½ $ 6,375.00 $ 7,875.00
2 $ 10,200.00 $ 12,600.00
3 $ 20,400.00 $ 25,200.00
4 $ 31,875.00 $ 39,375.00
6 $ 63,750.00 $ 78,375.00
8 $114,750.00 $141,750.00
10 $184,875.00 $228,375.00
12 $274,125.00 $338,625.00
A-4
APPENDIX A
SCHEDULE THREE
PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE
Location of Development Regional Parks Community Parks Total Parks
(Residential Construction Only) Impact Fee Impact Fee Impact Fee
Unincorporated Collier County $249.82 $571.02 $820.84
City of Naples $249.82 $0.00 $249.82
City of Marco Island $249.82 $0.00 $249.82
City of Everglades City $249.82 $0.00 $249.82
A-5
APPENDIX A
SCHEDULE FOUR
CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE
Land Use
Residential:
Non-Residential:
Lodging
Hotel/Motel
Nursing Home/Institution
Miscellaneous Residential
Medical
Hospital
Commercial
Office
Retail
Restaurant/B ar/Lounge
Industrial/Manufacturing
Leisure/Outdoor
Other Miscellaneous
Institutions
Church
School/College
Government/Public Buildings
Correctional Facilities Impact Fee Per
Dwelling Unit or Square Footage
$117.98 per dwelling unit
0.2340 per square foot
0.0390 per square foot
0.3237 per square foot
0.4914 per square foot
1.3230 per square foot
1.0920 per square foot
1.7043 per square foot
0.0312 per square foot
0.5616 per square foot
1.4664 per square foot
0.1170 per square foot
0.1599 per square foot
0.6708 per square foot
A-6
APPENDIX A
SCHEDULE FIVE
FIRE IMPACT FEE RATE SCHEDULE
Residential:
Commercial:
Additional Impact Fee for High-rise
Development (Three or More Floors):
$288.97 per dwelling unit
$0.60 per square foot
$157.27 per dwelling unit
A-7
APPENDIX A
SCHEDULE SIX
EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE
Housin~ Type
Impact Fees
Single Family $1,778.00
Multi-Family $ 827.00
Mobile Home $1,234.00
A-8
APPENDIX A
SCHEDULE SEVEN
EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE
Impact Fee Land Use Category
Residential:
Single Family
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.
2,500 Sq. Ft or larger
Multi-Family
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.
2,500 Sq. Ft. or larger
Mobile Home
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.
2,500 Sq. Ft. or larger
Non-Residential:
Transient, Assisted, Group:
Hotel, Motel
Nursing Home, ACLF
Recreational:
Marina
Golf Course
Movie Theater
Institutions:
Hospital
Elementary School
Middle School
High School
Junior:/Community College
University/College
Church
Day Care Center
Office and Financial:
Office 50,000 Sq. Ft. or less
Office 50,001 - 100,000 Sq. Ft.
Impact Fee Rate
$93.00 per Dwelling Unit
$104.00 per Dwelling Unit
$130.00 per Dwelling Unit
$93.00 per Dwelling Unit
$104.00 per Dwelling Unit
$130.00 per Dwelling Unit
$93.00 per Dwelling Unit
$104.00 per Dwelling Unit
$130.00 per Dwelling Unit
$38.00 per Room
$77.00 per Bed
$11.00 per Berth
$8,120.00 per 18 Holes
$741.00 per Screen
$126.00 per 1,000 Sq. Ft.
$16.00 per Student
$23.00 per Student
$28.00 per Student
$11.00 per Student
$21.00 per Student
$34.00 per 1,000 Sq. Ft.
$19.00 per Student
$83.00 per 1,000 Sq. Ft.
$71.00 per 1,000 Sq. Ft.
A-9
APPENDIX A
SCHEDULE SEVEN
EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE
(CONTINUED)
Office 100,001 - 200,000 Sq. Ft.
Office 200,001 - 400,000 Sq. Ft.
Office greater than 400,000 Sq. Ft.
Medical Office
Retail ( Gross Leasable Area ):
Specialty Retail
Retail 50,000 Sq. Ft. or less
Retail 50,001 - 100,000 Sq. Ft.
Retail 100,001 - 150,000 Sq. Ft.
Retail 150,001 - 200,000 Sq. Ft.
Retail 200,001 -400,000 Sq. Ft.
Retail 400,001 - 600,000 Sq. Ft.
Retail 600,001 - 1,000,000 Sq. Ft.
Retail over 1,000,000 Sq. Ft.
Pharmacy/Drug Store w/Drive-Thru
Home Improvement Superstore
Quality Restaurant
High-Turnover Restaurant
Fast Food Rest w/Drive-Thru
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
Convenience Store/Gas/Fast Food
Auto Repair
Tire Store
New and Used Car Sales
Self Service Car Wash
Bank/Savings Walk-in
Bank/Savings Drive-in
Industrial:
General Industrial
Business Park
Mini-warehouse
$60.00 per 1,000 Sq. Ft.
$51.00 per 1,000 Sq. Ft.
$47.00 per 1,000 Sq. Ft
$104.00 per 1,000 Sq. Ft.
$197.00 per 1,000 Sq. Ft.
$210.00 per 1,000 Sq. Ft.
$197.00 per 1,000 Sq. Ft.
$213.00 per 1,000 Sq. Ft.
$200.00 per 1,000 Sq. Ft.
$173.00 per 1,000 Sq. Ft.
$179.00 per 1,000 Sq. Ft.
$177.00 per 1,000 Sq. Ft.
$156.00 per 1,000 Sq. Ft.
$154.00 per 1,000 Sq. Ft.
$185.00 per 1,000 Sq. Ft.
$528.00 per 1,000 Sq. Ft.
$572.00 per 1,000 Sq. Ft.
$731.00 per 1,000 Sq. Ft.
$162.00 per Fuel Position
$75.00 per Service Bay
$209.00 per 1,000 Sq. Ft.
$319.00 per 1,000 Sq. Ft.
$335.00 per Fuel Pump
$471.00 per 1,000 Sq. Ft.
$260.00 per 1,000 Sq. Ft.
$356.00 per Service Bay
$141.00 per 1,000 Sq. Ft.
$129.00 per Service Bay
$121.00 per 1,000 Sq. Ft.
$106.00 per 1,000 Sq. Ft.
$41.00 per 1,000 Sq. Ft.
$98.00 per 1,000 Sq. Ft.
$5.00 per 1,000 Sq. Ft.
A-I0
APPENDIX A
SCHEDULE EIGHT
LIBRARY SYSTEM IMPACT FEE RATE SCHEDULE
Land Use Category
Residential:
Less than 1,500 square feet
1,500 to 2,499 square feet
2,500 square feet or larger
Impact Fee Rate
$214.00 per dwelling unit
$238.00 per dwelling unit
$299.00 per dwelling unit
A-11
APPENDIX B
ROAD IMPACT FEE DISTRICT BOUNDARIES
LEGAL DESCRIPTIONS
(a)
Road Impact Fee District 1.
Begin at the intersection of County Road 951 and Pine Ridge Road; thence
along Pine Ridge Road and Seagate Drive, westerly to Gulf of Mexico; thence
along the Gulf of Mexico, northerly to the Lee County line; thence along the
Collier County-Lee County line, easterly, southerly and easterly to the northerly
extension of County Road 951; thence along County Road 951 and its northerly
extension, southerly to the point of beginning.
(b) Road Impact Fee District 2.
(c)
(d)
Begin at the point of intersection of County Road 951 and Pine Ridge
Road (C.R. 896); thence run southerly along County Road 951 to the intersection
of Interstate 75 (S.R. 93); thence southeasterly and easterly along Interstate 75 to
the northeast comer of Section 5. Township 50 South, Range 27 East; thence
southerly along the east line of Sections 5.8 and 17 to the southeast comer of
Section 17, said Township and Range; thence easterly along the south line of
Sections 17 and 18 to the southeast comer of Section 13. Township 50 South,
Range 26 East; thence westerly along the south line of Sections 13, 14, 15, 16, 17
and 18, Township 50 South, Range 26 East; to the northwest comer of Section 19,
Township 50 South, Range 26 East; thence southerly along the west line of
Sections 19, 30 and 31 to the southeast comer of Section 36, Township 50 South,
Range 25 East; thence westerly along the south line of said Section 36 to the
southwest comer of Section 36; thence northerly along the west line of said
Section 36 to the northeast comer of Section 35, Township 50 South, Range 25
East; thence westerly along the north line of said Sections 35 and 34 to the mean
high water line of the Gulf of Mexico; thence meander northwesterly along said
mean high water line to the westerly prolongation of Seagate Drive; thence
easterly along Seagate Drive and Pine Ridge Road to the point of beginning.
Less and except all lands lying within the municipal boundaries of the City
of Naples.
Road Impact Fee District 3. ~
All of that land within the municipal boundaries of the City of Naples
Florida.
Road Impact Fee District 4. ,
Begin at the point of intersection of the north line of Section 34. T-mlvnship~
50 South, Range 25 East, Collier County, Florida and the mean high water line of
the Gulf of Mexico; thence run easterly along the north line of said Section 34 and
Section 35 said Township and Range to the northeast comer of said Section 35;
thence southerly along the east line of said Section 35 to the southwest comer of
Section 36, Township 50 South, Range 25 East; thence easterly along the south
line of Section 36 to the southeast comer of Section 36; thence northerly along the
east lines of Sections 36, 25, and 24 to the northwest comer of Section 19,
Township 50 South, Range 26 East; thence easterly along the north lines of
Sections 19, 20, 21, 22, 23, and 24, Township 50 South, Range 26 East to the
northwest comer of Section 19, Township 50 South, Range 27 East; thence
easterly along the north line of Sections 19 and 20 to the northeast comer of said
Section 20; thence southerly along the east line of said Section 20 to the northwest
comer of Section 28; thence easterly along the north line of said Section 28 to the
northeast comer of Section 28; thence southerly along the east line of Section 28
to the northwest comer of Section 34; thence easterly along the north line of
B-I
(e)
(g)
(h)
APPENDIX B
ROAD IMPACT FEE DISTRICT BOUNDARIES
LEGAL DESCRIPTIONS
Section 34 to the northeast comer of Section 34; thence southerly along the east
line of Section 34 to the northwest comer of Section 2, Township 51 South,
Range 27 East; thence easterly along the north line of said Section 2 to the
northeast comer of Section 2; thence southerly along the east line of Section 2 to
the southwest comer of Section 1; thence easterly along the south line of Section
1, Township 51 South, Range 27 East to the northwest comer of Section 7,
Township 51 South, Range 28 East; thence easterly along the north line of said
Section 7 to the northeast comer of Section 7; thence southerly along the east line
of Section 7 to the northeast comer of Section 18; thence continue southerly along
the east line of Section 18 to the northeast comer of Section 19, Township 51
South, Range 28 East; thence westerly along the north line of said Section 19 to
the northwest comer of Section 19; thence southerly along the west line of
Section 19 to the northeast comer of Section 25; Township 51 South, Range 27
East; thence westerly along the north line of said Section 25 to the northwest
comer of Section 25; thence southerly along the west line of Section 25 to the
southeast comer of Section 26; thence westerly along the south line of Section 26
to the centerline of State Road 90 (U.S. 41); thence northwesterly along said
centerline of State Road 90 to the point of intersection of State Road 92; thence
southwesterly along the centerline of State Road 92 to the centerline of the Big
Marco River; thence meander southeasterly along the centerline of the Big Marco
River to the southern tip of Cape Romano; thence meander northwesterly along
the mean high water line of the Gulf of Mexico to the point of beginning.
Road Impact Fee District 5.
Begin at the intersection of County Road 858 (Oil Well Road) and the
west line of Hendry County; thence along County Road 858, westerly to Oil Well
Grade Road; thence along Oil Well Grade Road, northerly to County Road 846
(Immokalee Road); thence along County Road 846, westerly and southerly to the
southeast comer of Section 34, Township 47 South, Range 27 East, Collier
County, Florida; thence along the south line of Sections 34, 33, 32 and 31, said
township and range, westerly to the Lee County line; thence along the Collier
County-Lee County line, northerly, easterly and northerly to the Hendry County
line; thence along the Collier County - Hendry County line, easterly and southerly
to the point of beginning.
Road Impact Fee District 6.
Begin at the intersection of County Road 951 and Interstate Highway 75;
thence along County Road 951 and its northerly extension, northerly to the Lee
County line; thence along the Collier County-Lee County line, easterly and
northerly to the southwest comer of Section 31, Township 47 South, Range 27
East, Collier County, Florida; thence along the south line of Sections 31, 32, 33
and 34 to County Road 846 (Immokalee Road); thence along County Road 846,
northerly and easterly to Oil Well Grade Road; thence along Oil Well Grade
Road, southerly to County Road 858 (Oil Well Road); thence along County Road
858, easterly to the east line of Range 28 East; thence along said east line,
southerly to State Road 84 (Alligator Alley); thence along State Road 84 and
Interstate Highway 75, westerly to the point of beginning.
Road Impact Fee District 7.
All of that land within the municipal boundaries of Everglades City,
Florida.
Road Impact Fee District 8.
Begin at the point of intersection of Oil Well Road (C.R. 858) and the
west line of Hendry County; thence southerly, easterly and southerly along
B-2
APPENDIX B
ROAD IMPACT FEE DISTRICT BOUNDARIES
LEGAL DESCRIPTIONS
Collier/Hendry County line; to the west line of Dade County; thence southerly
along the Collier/Dade County line to the Monroe County line; thence westerly
along the Collier/Monroe County line to the mean high water line of the Gulf of
Mexico; thence northwesterly to the southern tip of Cape Romano; thence
northeasterly to the centerline of the Big Marco River; thence meander
northeasterly along the centerline of the Big Marco River to the centerline of State
Road 92; thence northeasterly along the centerline of State Road 92 to State Road
90 (U.S. 41); thence southeasterly along State Road 90 to the southwest comer of
Section 26. Township 51 South, Range 27 East; thence easterly along the south
line of Section 26 to the southeast comer of Section 26; thence northerly along the
east line of Section 26 to the northwest comer of Section 25, Township 51 South,
Range 27 East; thence easterly along the north line of Section 25 to the southeast
comer of Section 24, Township 51 South, Range 27 East; thence northerly along
the east line of Section 24 to the northwest comer of Section 19, Township 51
South, Range 28 East; thence easterly along the north line of Section 19 to the
southeast comer of Section 18, Township 51 South, Range 28 East; thence
northerly along the east line of Section 18 and Section 7, Township 51 South,
Range 28 East to the northeast comer of said Section 7; thence westerly along the
north line of said Section 7 to the to the northeast comer of Section 12, Township
51 South, Range 27 east; thence continue westerly along the north of said Section
12 to the southeast comer of Section 2, Township 51 South, Range 27 East;
thence northerly along the east line of said Section 2 to the southeast comer of
Section 35, Township 50 South, Range 27 East; thence westerly along the south
line of said Section 35 to the southeast comer of Section 34, Township 50 South,
Range 27 East; thence northerly along the east line of said Section 34 to the
southeast comer of Section 27, Township 50 South, Range 27 East; thence
westerly along the north line of Section 27 to the southeast comer of Section 28;
thence northerly along the east line of said Section 28 to the northeast comer of
Section 28; thence westerly along the north line of Section 28 to the southeast
comer of Section 20, Township 50 South, Range 27 East; thence northerly along
the east lines of Sections 20, 17, 8 and 5 of Township 50 South, Range 27 East, to
the centerline of Interstate 75 (S.R. 93); thence easterly along the centerline of
Interstate 75 to the east line of Range 28; thence northerly along the east line of
said Range 28 to the centerline of aforesaid Oil Well Road (C.R.858); thence
easterly along the centerline of said Oil Well Road to the point of beginning.
Less and except all lands lying within the municipal boundaries of
Everglades City.
B-3