Ordinance 2003-32 eOA. O COU.T
~COLLIE~, COUNTY, FLORIDA, AMENDING CHAPTER 74 OF~E~
COUNTY S CODE OF LAW AND ORDINANCES, AS AMENDE~'~Y
ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR CRITERIA
AND GUIDELINES FOR THE REIMBURSEMENT OF IMPACT FEES;
AUTHORIZING THE ASSESSMENT OF A NON-REFUNDABLE
REIMBURSEMENT APPLICATION FEE; PROVIDING CLARIFICATION FOR
THE ASSESSMENT OF IMPACT FEES FOR CHANGES OF SIZE OR USE;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; A~D
PROVIDING AN EFFECTIVE DATE
WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier
County adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee
Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and
WHEREAS, County Staff and the staff of the Clerk of the Circuit Courts have
determined that the Collier County Consolidated Impact Fee Ordinance would benefit from
provisions which expressly authorize certain routine requests for reimbursements to be
reviewed and approved at the Division Administrator level so that all reimbursement
requests do not have to be approved by the Collier County Board of County
Commissioners; and
WHEREAS, County Staff recognizes the need for, and desires to establish, specific
criteria and procedures to process certain routine reimbursement requests; and
WHEREAS, these amendments to the payment provisions will serve a public
purpose by decreasing the number of routine refund requests required to be presented to
the Collier County Board of County Commissioners by establishing criteria and procedures
for the administrative reimbursement of impact fees of certain types and meeting specific
criteria~ and
WHEREAS, clarification is needed for the procedures for assessing impact fees for
Developments that create additional net demand on Public Facilities due to a change in
size or use, and for the procedures for calculating the amount of exemptions and the loss
of exemptions due to a change of ownership or use(s).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-202, Payment, of the Collier
County Code of Law and Ordinances (County Code) is hereby amended to read as
follows:
Section 74-202. Payment.
(g) The obligation for payment of the impact fees and impact fees paid shall run
with the land. Assignment of impact fee credits from one parcel 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: (i) expires prior to
commencement of any part of the development for which the building permit was
issued, (ii) is officially cancelled, (iii) is revised after payment of Impact Fees and the
permit's revision results in a reduction in the impact fees applicable for the
Development, or (iv) results in the impact fees being overpaid due to an incorrect
application of the rate schedule, calculation error(s), or prior payment within the
same subiect property, the then current owner/applicant may within ninety (90).
days of the expiration of, cancellation of, overpayment for, or approved revision to
the building permit, apply for a reimbursement rcf,.-,nd of the a portion of or the entire
impact fee, depending on the basis for the request for reimbursement. All such
requests for reimbursement shall be calculated by applying the impact fee rate
schedule that was in effect on the date of the respective Building Permit application.
Failure to make timely application afff4y-for a reimbursement rcfund of the impact
fee shall waive any right to a reimbursement rcf',.:'nd.
(1)
The application for reimbursement rcf'.-'nd shall be filed with the
county manager and shall contain the following:
a. The name and address of the applicant;
The location of the property upon which the respective
development was authorized by the respective building
permit;
The date the impact fee was paid;
A copy of the receipt of payment for the impact fee; ~nd
The date the building permit was issued and the date of
expiration, cancellation or approval of the revision, as
applicable;
Payment of a non-refundable "Impact Fee Reimbursement
Processing Fee" equal to two-percent (2%) of the total impact
fees requested to be reimbursed, except that the minimum
Underlined text is added; ~* ....~' *~' ..... ~- text is deleted.
Page 2 of 6
processing fee shall be twenty-five dollars ($25.00) and the
maximum processing fee will not exceed five hundred dollars
($500.00). Reimbursement requests which are determined to
arise from either an incorrect application of the rate schedule
or a calculation error by County staff will not be required to pay
the "Impact Fee Reimbursement Processing Fee."
If the request is due to a revision to the building permit, a copy
of the approved revision including original and revised square
footage, number of units, date of approval of the revision, and
an explanation of the nature of the revision (change' of size,
use, etc.)
If the request is due to an overpayment, receipts from previous
payments, corresponding buildinq permit numbers, and
evidence of the current square footaqe (area) and uses of
existinq structures must be included in the application.
(2)
After verifying that the building permit has expired or was cancelled
before the development had commenced or was revised and thereby
required a reduction in the impact fee assessed for the Development,
the county manager shall forward the request for reimbursement of
rcf'.-'nd the impact fee to the appropriate division staff for further
processing as set forth below.
(3)
If a building permit is subsequently issued for a development on the
same property, which was previously approved for the-~ a
reimbursement refund, then the impact fee in effect at that time must
be paid.
(4)
After verifying all information relatinq to the request for
reimbursement, staff shall forward the request to the applicable
division administrator for approval. The division administrator shall
approve or deny the request and forward all approved requests to the
Clerk of the Circuit Court's Finance Department for processinq.
(5)
All reimbursement requests totaling twenty-five thousand dollars
($25,000.00) or more, cannot be approved administratively and must
be submitted to Board of County Commissioners.
Underlined text is added; Struck-thrcugh text is deleted.
Page 3 of 6
SECTION TWO. Article II, Impact Fees, Section 74-201, Imposition of Impact Fees, of the
County Code is hereby amended to read as follows:
Section 74-201. Imposition of Impact Fees.
(c)
(d)
(1)
(2)
Change of Size or Use
(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
determined by the net increase in demand on those Public
Facilities tho .......... ~ ....................... , ,-, ........ ~ r- ........
existing bui ding or land use that is expanded, replaced, or
changed shall be required to pay impact fees based on the new or
net additional demand placed upon one or more Public Facilities
by applying the then applicable Impact Fee Rate Schedule.
Therefore, impact fees will be assessed only for the net increase
in square footage, number of unit(s), intensification of land use, or
any other change resulting in increased available capacity. The
burden of verifying the previous lawful land use, units and square
footaqe, as applicable, shall be on the applicant. 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.
Exemptions. The following development or change in use shall be
exempted from paying additional impact fees:
Alteration, expansion or replacement of a Building, structure, Dwelling
provided the respective alteration, expansion or replacement: (I) 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 of 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 not be eligible
for this exemption unless the applicant can prove that the buildinq had
been lawfully used clurin,q any time within the immediately preceding
seven (7) years and the buildin,cl or structure has not been
New Building)(s) or addition to a Building(s) or an accessory
Building or structure that will not create additional net demand upon
eR the Public Facility for which the exemption is sought over and
above the then existing Development Impacts deemed to be created
by the then lawful existing Building(s), structures or uses.
Underlined text is added; Struck-through text is deleted.
Page 4 of 6
(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, or if the then existing
development was not subject to the Impact Fee because the County's
original applicable Impact Fee Ordinance had not then become
effective.
(5)
An "Adults Only Community" shall be exempt eP, ly from the
Educational Facilities Impact Fee only if: (i) evidence of per. manent
a.qe restrictions, which require all residents of the Adults Only
Community to be older than eighteen years of age, are recorded in
the land records of Collier County and run with the specified
_qeo.qraphic area, or (ii) an effective Planned Unit Development
document restricts the occupation/residency of the subiect property to
persons older than eiqhteen years of age,
(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.
(7)
Exemptions from road impact fees for specified airport leases.
a. Placement of buildings upon the leasehold by or through the
leasing subtenant within the then existing boundaries of a county-
owned airport are eligible for exemptions from road impact fees
provided the airport leasing agreement was executed prior to March
13, 2001, and the lease, when executed, expressly provided that the
county or the airport authority, not later than 29 years subsequent to
the initial effective date of the leasing agreement, at no expense to
the county or airport authority, will automatically acquire title to the
respective buildings, or if the board or airport authority decides not to
acquire title to such buildings, the subtenant (or tenant), at no
expense to the county or the airport authority, shall promptly remove
such buildings and restore the leased (or subleased) premises to the
physical conditions that existed as of the commencement date of the
respective leasing agreement. Eligibility for these exemptions shall be
vested retroactively to the date of the original execution of the lease.
b. These exemptions are to be granted by the county manager
subject to an application for the requested exemption being submitted
to the county manager, which shall include a copy of the associated
airport lease and a description of the associated airport leasehold
development. Each such request must be submitted to the county
manager not later than the date of the application to the county for the
associated building permit(s) unless a time extension is granted by
the county manger for good cause.
(81
In the event that a Development for which an exemption was
previously applied changes use, ownership, or other circumstances
occur whereby the previously granted exemption no longer applies,
impact fees shall be paid based on the existing land use and impact
fee rate schedule in effect at the time of the change which caused the
exemption to no longer aDDIv.
Underlined text is added; S~_,k,.,th,~h text is deleted.
Page 5 of 6
SECTION THREE. 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 FOUR: 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 FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this o?.Z/W' day of
,J-on~.. ., 2003.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Attest as to Chalra~'$
Approved as to form and legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
Patrick G. White,
Assistant County Attorney
This ordinance filed with the
Secretary of State's Office ~e
_~044~doy of ~9_G_e-_,
and acknowledgement qf that
filina received _th_is..~l~,, day
Underlined text is added; St,~sk-th,,-e~h text is deleted.
Page 6 of 6
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. 2003-32
Which was adopted by the Board of County Commissioners on
the 24th day of June, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th day
of June, 2003.
Clerk of e°urg~'-ahd':Ci'.
Ex-officio
County Commi~sioner~'
By: Marie
Deputy Clerk