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Ordinance 2002-44 .o. ~,[~/~J~ ~AI~/"ORDINANOE OF COLLIER COUNTY, FLORIDA AMENDING .,~{L~APTER 74. OF THE COUNTY'S CODE OF 'LAWS AND ~nRI~gZ_q;,e,~/,~.~ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED) BY AMENDING SUBSECTION A IN SECTION 74-202, PROHIBITING EARLY PAYMENT OF IMPACT FEES TO AVOID IMPACT FEE RATE INCREASES, AND DISTINGUISHING PAYMENT OF IMPACT FEES FROM PRE-PAYMENT OF ESTIMATED FUTURE IMPACT FEES PREREQUISITE TO ISSUANCE OF A CERTIFICATE OF PUBLIC FACILITY ADEQUACY PURSUANT TO THE COUNTY'S LAND DEVELOPMENT CODE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, some applicants attempt early payment of Impact Fees, such as upon application for approval of a Site Development Plan rather than imm~e~iately prior to, or concurrently with, issuance of a Building Permit, in ~!:'~tte~pt to grandfather the related Development from expected, projected or anticipated~CrFipa~ Fee rate increases; and WHEREAS, staff desires to specifically limit the period of time th~ym~nt of Impact Fees can be received by the County relative to a specific Dev~e~, and to prohibit early pre-payment of an Impact Fee prerequisite to issuance of a Buildin~ Permit, but continue to allow payment of est[ma[ed future Impact Fees applicable to Impact Fee Development submitted prerequisite to issuance of a Ce~ificate of Public Facility A~equacy (and deposite~ into a County escrow fund account) pursuant to Section 3.~5.7.3. of the Collier County Land Development Code, which does not ~randfather such estimated Impact Fees from possible future increases that may occur subsequent to pre-payment, but prior to the time that the estimated Impact Fees subsequently bein~ quantified, and ~ecomin9 finally due and payable. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Subsection A in Section 74-202 of the Collier County Code of Laws and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: Section 74-202. Payment. A. Unless deferred or waived by a written Agreement with the County as a party thereto, or unless exempted, the Impact Fee shall be paid in full ~. .... ..as a Underlined text is added; ~* ....~--*~, ..... ~, ............. ~,, text is deleted. prerequiSite 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. Notwithstanding any other provision of this Ordinance, staff shall not accept pre payment (early payment) of Impact Fees prior to submittal of the related and complete Building Permit application for the respective Development in all case,,', where issuance of a conventional building permit renders the respective Impact Fee~ due and payable. In instances where a conventional Buildinq Permit is not required (e._a., ~olf course, park, change of use, etc.), staff shall not accept pre-payment (early payment) of Impact Fees prior to the (whichever occurs first) event that renders such Impact Fees due and payable. Payment of estimated Impact Fees prerequisite to issuance of a Certificate of Public Facility Adequacy (COA) is not prohibited pre- payment, and pre-payment of estimated Impact Fees shall not grandfather such estimated Impact Fees against Impact Fee increases, if any, that occur subsequent to such pre-payment but before the respective estimated Impact Fees are quantified and become finally due and payable. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional or by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance' may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASS E '/~.PU.I~,'ADOPTED by the Board of County Commissioners of Collier ~o_u0tv,;'[:;lOn~la tllis .~../~, day of ,....~"~x.L. ~ 2002. ; ,-~; .,. ',.' ~, · ~-- ,~.~"'-'-~ · ¢' BOARD OF COUNTY COMMISSIONERS ::".~. '~b~/~l~'~.T::E.ii'~(~ Clerk OF COLLIER COUNTY, FLORIDA Atta!t 15 to Chairman's ,~s N. Coletta, Chairman 2 ~tg~tur'e Ott]~[.tnderlined text is added; Struck-thrcu.~h text is deleted. Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney This ordinance filed with the Secretary of State's Office the and m:knowledgement,~ that fili~ ~eived ~is ~day 3 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: ORDINANCE NO. 2002-44 Which was adopted by the Board of County Commissioners on the 31st day of July, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of August, 2002.