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Agenda 10/08/2013 Item #16F7 10/8/2013 16.F.7. EXECUTIVE SUMMARY Recommendation to authorize the County Manager, or his designee, and the County Attorney to advertise for future consideration an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. OBJECTIVE: That the Board of County Commissioners (Board) authorizes the County Manager, or his designee, and the County Attorney to advertise for future consideration an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. CONSIDERATIONS: On May 28, 2013, at the regular meeting of the Board of County Commissioners, an item was presented related to impact fees which was prepared in accordance with direction provided by the Collier County Board of County Commissioners on February 12, 2013, Item 10K, and March 12, 2013, Item 10E. Additional information was also presented at a workshop of the Board of County Commissioners on June 4, 2013. Arising from the regular agenda item and the workshop, the Board provided direction on several items for future consideration and action. The items are as follows: 1. Change the timing of payment from issuance of a building permit to certificate of occupancy (CO) or certificate of completion (CC). This change will allow for the payment of impact fees at a later date. The benefit of this change to developers, builders, and property owners is that it reduces the time that the cost of impact fees is carried. The payment of impact fees will now be no later than concurrent with the issuance of a CO or CC,which allows for occupancy/use of the building. 2. Expand the current "Impact Fee Program for Existing Commercial Redevelopment" to include impact fee assessments for Water and Wastewater, meeting the specified criteria. This change will allow businesses occupying certain existing buildings to participate in a program that provides for"changes of use" without the requirement to pay additional Water and Wastewater Impact Fees. This Program has been in effect since 2009 for other impact fee categories. 3. Provide additional land use categories for small businesses. This future change will create additional sub-categories, by square footage, for some of the most Packet Page-2597- 10/8/2013 16.F.7. commonly used land use categories (General Office and Retail). This type of concept was used previously for the creation of the "Small Medical Office" category. Attached as back-up to this Executive Summary is a proposed Ordinance amendment, providing for all changes to all relevant provisions to move the timing of payment from building permit issuance to CO. These changes do not prohibit earlier payment of impact fees at the request of the applicant. The date used to determine the basis of the impact fee assessment remains at building permit application. Further, the incorporated areas of the County, which collect impact fees on behalf of the County by way of interlocal agreements continue to be governed by the terms of the existing agreements. In the event that the cities are interested in revising their policies and procedures to collect at CO, the interlocal agreements may be modified, which requires Board and City Council approval. A change to the "Impact Fee Program for Existing Commercial Redevelopment" has been incorporated to include assessments for Water and Wastewater, meeting the specified criteria. The program is eligible to businesses as follows: 1. Development is proposed within a lawfully existing building which has had a Certificate of Occupancy issued for at least 3 years. Impact fees for the existing building must have been paid the then applicable impact fees at time of construction; and 2. Proposed development is solely within the existing building and does not include the addition of any new square footage. 3. Demolition and reconstruction projects are not eligible for this program. 4. For the purposes of water and wastewater impact fees, projects that require an existing meter to be upsized are not eligible for this program. This change allows for changes of use in existing buildings without the requirement to pay additional impact fees. This Program is proposed to be extended to Water and Wastewater Impact Fees, provided that the Program criteria are met and no upsize of the meter is required. Program activity will be tracked and reported annually to the Board (related to Water and Wastewater Impact Fees) similar to the tracking and reporting that is conducted annually for the other applicable impact fees. Also included as part of the proposed amendment are a few small administrative items as follows: 1. Updated definition and exemption language for "Adult only community"to reflect State licensing as evidence of age restrictions. 2. Removal of an obsolete reference to refund provisions 3. Inclusion of language to complete a partially missing provision related to reimbursement agreements for developments that are unable to commence. Packet Page-2598- 10/8/2013 16.F.7. 4. Updating the status of the Goodland Water District to "former" in accordance with action taken by the Board on December 11, 2012 (Item 17C). The Board also directed that additional land use categories be developed for the assessment of impact fees for small businesses. Upon review, the two areas in which this would be most beneficial are the General Office and Retail categories. These land use categories are used for a range of businesses and are two of the most frequently used classifications on the fee schedules. While these land uses are already broken down into sub-categories by square footage, the first range is 50,000 square feet or less. Current sub-categories - General Office Office 50,000 square feet or less Office 50,001 - 100,000 square feet Office 100,001 -200,000 square feet Office 200,001 -400,000 square feet Office greater than 400,000 square feet Current sub-categories-Retail Retail 50,000 square feet or less Retail 50,001 - 100,000 square feet Retail 100,001 - 150,000 square feet Retail 150,001 -200,000 square feet Retail 200,001 -400,000 square feet Retail 400,001 -600,000 square feet Retail 600,001 - 1,000,000 square feet Retail > 1,000,000 square feet As part of the ongoing Road Impact Fee Update Study, the consultant, Tindale-Oliver and Associates, Inc. (TOA) has performed analysis in order to further break down the categories to reflect rates for smaller businesses in these two categories. The draft results are as follows: Proposed sub-categories - General Office Office 6,000 square feet or less Office 6,001 -50,000 square feet Office 50,001 - 100,000 square feet Office 100,001 -200,000 square feet Office 200,001 -400,000 square feet Office greater than 400,000 square feet Packet Page-2599- 10/8/2013 16.F.7. Current sub-categories—Retail Retail 6,000 square feet or less Retail 6,001 —25,000 square feet Retail 25,001 —50,000 square feet Retail 50,001 — 100,000 square feet Retail 100,001 — 150,000 square feet Retail 150,001 —200,000 square feet Retail 200,001 —400,000 square feet Retail 400,001 —600,000 square feet Retail 600,001 — 1,000,000 square feet Retail greater than 1,000,000 square feet The information above is provided to show a conceptual view of the rate structure along with the progress made in accordance with Board direction. The expanded rate sub-categories are not included in the proposed ordinance as they are being developed as part of the ongoing Road Impact Fee Update Study, which is estimated to be complete by late Fall of 2013. During the (future)Board review of the Update Study the consultant will have finalized rates for the new sub-categories as well as details specific to the development of the sub-categories and associated rates. Similar rate structures can also be developed for other impact fee types (i.e. Government Buildings, EMS, etc.) as they move through the update study process. agook FISCAL IMPACT: The fiscal impacts of the proposed changes are as follows: Changing timing of payment of impact fees from permit issuance to CO/CC. This change does not eliminate the requirement to pay impact fees; rather it moves the payment to a later point in time. The fiscal impact of this change is only related to timing of the receipt of the impact fees. Currently, the average time between issuance of a building permit and CO ranges from 6 to 12 months, with longer time periods for large commercial and multi-family buildings. Some of the delay in receipt of impact fees related to this change may be offset by the efficiencies implemented by the Growth Management Division that have streamlined processes and allows permits to move quickly through the review and inspection requirements. However, delays in construction related to availability of materials, labor, etc. may result in a longer timeframe between issuance and CO. Expand the current "Impact Fee Program for Existing Commercial Redevelopment" to include Water and Wastewater Impact Fees. The fiscal impact of this change is estimated to be approximately 9%, totaling $800,000, between the two funds, based on recent permit activity and actual impact fee collections. This estimated amount is subject to changes in permitting activity and trends in types of land uses constructed. As provided above, Program activity will be tracked and reported annually to the Board (related to Water and Wastewater Impact Fees), similar to the tracking and reporting that is conducted annually for the other applicable impact fees. The Program is also reviewed annually by the Board with respect to extension or sunset of the Program. The next Board review is scheduled for June of 2014. Packet Page-2600- 10/8/2013 16.F.7. Provide additional land use categories for small businesses. The fiscal impact of this change will be provided during the presentation of the Road Impact Fee Update Study, based on the determination of the proposed rates. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." The proposed changes maintain the fairness and equity of the impact fee provisions while providing programmatic improvements and overall benefit to the residents and businesses of Collier County. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners authorizes the County Manager, or his designee, and the County Attorney to advertise for future consideration an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as " eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District." PREPARED BY: Amy Patterson, Impact Fee Manager, Office of Management and Budget. Attachments: 1)Proposed Ordinance Amendment Packet Page-2601- 10/8/2013 16.F.7. COLLIER COUNTY Atk Board of County Commissioners Item Number: 16.16.F.16.F.7. Item Summary: Recommendation to authorize the County Manager, or his designee, and the County Attorney to advertise for future consideration an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances,which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy and the inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. (Amy Patterson, Impact Fee Manager) Meeting Date: 10/8/2013 Prepared By Name: PattersonAmy Title: Manager-Impact Fees&EDC,Business Management& 9/25/2013 12:15:59 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 9/30/2013 10:36:00 AM Name: UsherSusan Title:Management/Budget Analyst, Senior,Office of Manage Date: 10/1/2013 12:37:47 PM Name: OchsLeo Title: County Manager Date: 10/2/2013 12:16:14 PM Packet Page-2602- 10/8/2013 16.F.7. ORDINANCE NO.2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO THE TIMING OF PAYMENT OF IMPACT FEES THAT WILL NOW OCCUR NO LATER THAN PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLETION FOR THE SUBJECT DEVELOPMENT; PROVIDING FOR AN AMENDMENT TO THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT" TO INCLUDE WATER AND WASTEWATER IMPACT FEES AS ELIGIBLE FEES FOR PROGRAM PARTICIPATION; PROVIDING FOR A CLARIFICATION ON EXEMPTION REQUIREMENTS FOR "ADULTS-ONLY COMMUNITIES" FOR THE PURPOSES OF ASSESSING EDUCTIONAL FACILITIES IMPACT FEES; PROVIDING FOR THE REMOVAL OF AN OBSOLETE REFERENCE TO REFUND PROVISIONS; PROVIDING FOR INCLUSION OF LANGUAGE PARTIALLY MISSING RELATED TO REIMBURSEMENT AGREEMENTS FOR DEVELOPMENTS UNABLE TO COMMENCE; PROVIDING UPDATED REFERENCE TO THE FORMER GOODLAND WATER DISTRICT; ; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for transportation since 1985; and WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the"Code"); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, based on guidance and direction provided by the Board of County Commissioners at the regular meeting of the Board of County Commissioners on May 28, 2013 and the workshop held on June 4, 2013, provisions have been drafted to implement several changes, Underlined text is added.She ough text is deleted Paoe 1 of 74 Packet Page-2603- 10/8/2013 16.F.7. including moving the required timing of payment of impact fees to a later point in time and an expansion of the impact fees eligible for the "Impact Fee Program for Existing Commercial Redevelopment"thereby providing programmatic improvements and overall benefit to the residents and businesses of Collier County; and WHEREAS, the proposed changes maintain the fairness and equity of the Impact Fee Program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE. Article I, General, Section 74-108, General definitions, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sec. 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 Oak 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 only community shall mean a community or development, or specific part(s) thereof, in which all residents must be older than 18 years of age as evidenced by permanent age restrictions recorded in the land records of the county, which restrictions shall run with the such geographic areas, an effective planned unit development document restricts the occupation/residency of the subject property to persons older than 18 years of age or the type of licensing through the State of Florida restricts the occupation/residency of the subject property to persons older than 18 years of age. Underlined text is added,Strtieletlifeugh text is deleted Page 7 of 74 Packet Page-2604- 10/8/2013 16.F.7. *** Certificate of completion shall mean a certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents. A certificate of completion is evidence that the structure complies substantially with the plans and specifications that have been submitted to, and approved by,the local authority and allows for use, where occupancy is not needed. Certificate of occupancy shall mean a certificate providing evidence that the building complies substantially with the plans and specifications that have been submitted to,and approved by,the local authority and allows for occupancy. *** SECTION TWO. Article II, Impact Fees, Section 74-201,Imposition of impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: *** (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 Underlined text is added,Str•c'wrrock througrr� ah text is deleted PaOP of 74 Packet Page-2605- 10/8/2013 16.F.7. the impact fee that will be due and payable to the county for such proposed Amok changes will be determined by the net increase in demand on those public facilities any lawfully existing building 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 footage, 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. (5) Impact Fee Program for Existing Commercial Redevelopment. Proposed developments which meet the criteria set forth below shall not be assessed additional impact fees related to changes of use within the existing buildings; except for water and wastewater impact fee assessments which are exempt from this program. This program will officially sunset two years from the date of adoption unless continued by a resolution of the Board of County Commissioners prior to this date. Amok (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 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 of the respective public facility. Lawful• .. -a .. . . a • .. condemned. (2) New building(s) or addition to a building(s) or an accessory building or structure that will not create additional net demand upon the public facility for which the exemption is sought over and above the then existing Underlined text is added,Struck threegh text is deleted Pacre 4 of 24 Packet Page-2606- 10/8/2013 16.F.7. development impacts deemed to be created by the then lawful existing building(s), structures or uses. (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 from the educational facilities impact fee only if: (i) evidence of permanent age restrictions, which require all residents of the adults only community to be older than 18 years of age, are recorded in the land records of Collier County and run with the specified geographic area,er-(ii) an effective planned unit development document restricts the occupation/residency of the subject property to persons older than 18 years of age or(iii)the type of licensing through the State of Florida restricts the occupation/residencv of the subjectproperty to persons older than 18 years of age. *** SECTION THREE. Article II,Impact Fees, Section 74-202,Payment, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (a) Unless deferred or waived by a written agreement with the county as a party thereto, or unless exempted,within the unincorporated county,the impact fee shall be paid in full as a prerequisite to the issuance of a beilding-peffeit certificate of occupancy or certificate of completion for the development, and no building permit or any other authorization to use the land included in the development shall be issued a certificate of occupancy or a certificate of completion until each applicable impact fee has been paid in full.Notwithstanding any other provision of this section, staff shall not accept prepayment(early payment)of impact fees prior to submittal of the related and complete building permit application for the respective development in all cases due and payable. In instances where a conventional building permit is not required (e.g., golf course,park, change of use, etc.), staff shall not accept prepayment(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 prepayment of estimated impact fees shall not grandfather such Underlined text is added,StRieli-threttgh text is deleted Pane S nf74 Packet Page-2607- 10/8/2013 16.F.7. 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. (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 certificate of occupancy 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 certificate of occupancy is issued for the first nonaccessory building or nonaccessory 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 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 certificate of occupancy or certificate of completion by the municipality or to require additionally the payment of the impact fee as a condition of the issuance final approval of a building permit by Underlined text is added,Stnaelf-thfeegh text is deleted PasPFnfl4 Packet Page-2608- 10/8/2013 16.F.7. the municipality,the impact fees shall be collected as provided in subsections 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 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 subject property,the then current owneri.aptAisaiit may, within four years of payment, apply for a reimbursement of 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 for a reimbursement of the impact fee shall waive any right to a reimbursement. (1) The application for reimbursement shall be filed with the county manager and shall contain the following: a. The name and address of the applicant owner; 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, cancellation or approval of the revision, as applicable; f. Payment of a non-refundable "impact fee reimbursement processing fee" equal to two percent of the total impact fees requested to be reimbursed, except that the minimum processing fee shall be $25.00 and the maximum processing fee will not exceed $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". g. 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.). Underlined text is added,Struck ee gh text is deleted Pane 7 of 74 Packet Page-2609- 10/8/2013 16.F.7. h. If the request is due to an overpayment,receipts from previous payments, corresponding building permit numbers, and evidence of the current square footage (area) and uses of existing 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 the impact fee to the appropriate division staff for further processing as set forth below. (3) If a building permit is subsequently issued approved for a development on the same property, which was previously approved for a reimbursement,then the impact fee in effect at that time must be paid. (4) After verifying all information relating 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 processing. (5) All reimbursement requests totaling $25,000.00 or more, cannot be approved administratively and must be submitted to board of county commissioners. ¢i-} In the event the county or a municipality issues separate building permits for a phased (delayed)occupancy,the beard and the applicant may enter into an • .. . __ _ . : . . . : . . ::--; applicable to that portion of the development represented by such building shall be paid prior to the issuance of a building permit. ( The impact fee shall be paid in addition to all other fees, charges and assessments due for the issuanee-efa building permit. OE) 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. (4)(k) 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 Underlined text is added,Sa.uelE-threagh text is deleted Paoe R of 74 Packet Page-2610- 10/8/2013 16.F.7. applicable to the most similar land use categories in the applicable impact fee rate schedules. (m) All refunds not specifically addressed herein or in othcr sections shall follow the procedure[s] set forth in the Collier County Administrative Procedures Manual for Road Impact Fees. SECTION FOUR. Article II, Impact Fees, Section 74-203, Use of funds, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: *** (g) 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. All refunds not specifically addressed herein or in other sections shall follow the procedure(s) set forth in the Collier County Administrative Procedures Manual for Road Impact Fees. *** SECTION FIVE. Article II, Impact Fees, Section 74-204, Alternative fee calculation, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (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$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 Underlined text is added,Struck trough text is deleted Pa ue 9 of 74 Packet Page-2611- 10/8/2013 16.F.7. manager,the preapplication meeting described in subsection 74-204(b) within 90 days of the issuance of the building permit a certificate of occupancy or certificate of completion for the development; and (4) The applicant submits to the county manager a completed alternative fee calculation study as described in this section within 12 months of the issuance of the buildifig-pefillit certificate of occupancy or certificate of completion for the development. Prior to expiration of the foregoing 12- month period,the applicant may request in writing to the county manager up to a six-month extension of time to submit the completed alternative fee calculation study. Such extension request may be granted by the county 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 copies of proposed approach to the alternative fee calculation to the county manager. The county manager shall have 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 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 Underlined text is added,Struck-threegh text is deleted Paae 1 f of 74 Packet Page-2612- 10/8/2013 16.F.7. 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 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 days, and he shall,within 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 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 Underlined text is added,Struck ougi text is deleted Noe 11 of'4 Packet Page-2613- 10/8/2013 16.F.7. 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 SIX. Article II, Impact Fees, Section 74-205, Developer contribution credit, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (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 Underlined text is added,StRick-thretigh through text is deleted Pave 17.of 74 Packet Page-2614- 10/8/2013 16.F.7. 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 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 75 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 Underlined text is added,St elk-through text is deleted Paor 1 of 24 Packet Page-2615- 10/8/2013 16.F.7. 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 chapter, 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-taeffait certificate of occupancy or certificate of completion, 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; (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 Underlined text is added;Seek-thrse;k text is deleted Pave 14 of 74 Packet Page-2616- 1 0/8/201 3 16.F.7. 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 Underlined text is added,StRielE-threugh text is deleted Pace 15 of 74 Packet Page-2617- 10/8/2013 16.F.7. or owner shall provide to the county attorney, at no cost to the county, an attorney's opinion 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) Impact fee credits shall run with the land in perpetuity, interest free, until used or assigned. (5) A graphic drawing or rendering and a legal description of the dedication or contribution to be made pursuant to the agreement. (6) An acknowledgement 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 acknowledgement 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 architect, 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 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 Underlined text is added,Struck through text is deleted Pave 16 of 24 Packet Page-2618- 10/8/2013 16.F.7. 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 of the building permit is issued application. 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 parties' 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 14 days after the county enters into the contribution agreement. All costs of recording and conveyance shall be paid by the applicant or owner. Underlined text is added,Egli text is deleted Pane 17 of 74 Packet Page-2619- 10/8/2013 16.F.7. (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 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, or an adjacent district, 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. Should Developer be unable to commence Development as originally contemplated in the contribution agreements the parties may enter into a reimbursement agreement, subject to annual appropriation,provided such agreement for reimbursement shall not be for a period in excess of seven years from the date of recording the contribution agreement in the official records of the 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 Underlined text is added,Struck through text is deleted Noe 1R of '4 Packet Page-2620- 10/8/2013 16.F.7. (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. (1) 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. (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 within the same or adjacent impact fee district for the same type of public facility impact fee. This assignment or transfer may be to commercial and/or residential developments. 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 certificate of occupancy or certificate of completion for 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 Underlined text is added,Stye eugh text is deleted Pan& 19 of 74 Packet Page -2621- 10/8/2013 16.F.7. 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 years from the date of completion of the development as determined by the county. SECTION SEVEN. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-302, Special requirements for road impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: *** (h) Payment of road impact fees to obtain a certificate of adequate public facilities. (1) A certificate of public facility adequacy(COA)shall be issued concurrent with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued,thirty-three percent (33%)of the estimated payment will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements and are non-refundable. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s)application submittal, such that additional impact fees may be due prior to issuance of a certificate of occupancy or certificate of completion for the building permit(s). (2) Offsets for road impact fees assessed to building permits for impact fees paid in accordance with this subsection, will be applied equally to units or square footage and will run with the subject land. (3) This provision is to be read in conjunction with Section 10.02.07 of the Collier County Land Development Code. To the extent this provision conflicts with this or with any other Collier County ordinance, rule or regulation,the provisions of this section shall control. *** SECTION EIGHT. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-303, Special requirements for Water impact fee and/or sewer impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: *** Underlined text is added, text is deleted Paae 711(-4'74 Packet Page-2622- 10/8/2013 16.F.7. (c) Limitation on Applicability. Notwithstanding the general applicability provisions set forth in this chapter,water and sewer impact fees shall be limited as follows: (1) The imposition of water and sewer impact fees shall not apply within the geographic areas expressly excluded by this chapter for purposes of the water and/or sewer service, development shall include only development on lands within the county water sewer district, exclusive of lands encompassed by the geographic areas described hereunder subject to the following condition: the imposition and collection of water and sewer impact fees on geographic areas within the county water sewer district shall not take place until such time when connection to the regional water and/or sewer system is anticipated within a ten-year period as identified by the most current county Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. Lands within the 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 the 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 former 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 *** SECTION NINE. Article IV, Affordable Housing Impact Fee Deferral, Section 74-401, Impact fee deferral, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: *** (d) Repayment for owner-occupied units. Underlined text is added,Stsisk-threugh text is deleted PaaP'1 f 74 Packet Page-2623- 10/8/2013 16.F.7. (1) All impact fees deferred for owner-occupied dwelling units at the time the -1 :- .-: shall become due and payable and shall be immediately paid in full to the county upon: a. The sale of the dwelling; or b. Refinancing of the purchase mortgage or loans secured by senior real property security instruments; or c. A loss of the homestead exemption under Section 4, Article X of the State Constitution. d. The first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the county not later then the closing of the sale, or not later then the effective date of the transfer. (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent per annum, but no event shall it exceed 25 percent of the total fee amount. (3) Notwithstanding anything in this subsection (d)(1) of this section 74-401,the director of the financial administration and housing department of community development and environmental services division may waive the triggering of the obligation to pay deferred impact fees due to a refinancing if the director determines that the refinancing is for improvements or repairs to the dwelling that will enhance the value of the dwelling, and is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale,transfer, or refinancing. *** (m) Timing of payment. Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of a certificate of occupancy or certificate of completion for the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat,the applicant shall first enter into an approved deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal description and number assigned by Collier County to the development order; (2) Name of applicant and owner, if different; (3) Number of dwelling units; Underlined text is added,Straek-tlreugh text is deleted Pam-22 of 24 Packet Page-2624- 10/8/2013 16.F.7. (4) Statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. *** SECTION TEN. Article V,Miscellaneous Provisions, Section 74-401, Collection of impact fees in default, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sec. 74-501. Collection of impact fees in default. Whenever the county determines that an impact fee was not paid prior to the issuance of for a building permit for the affected development,the county shall proceed to collect the impact fee as follows: *** SECTION ELEVEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of , 2013. Underlined text is added;gtae#44eagh text is deleted Noe 71 of'4 Packet Page-2625- 10/8/2013 16.F.7. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approved as to form and legal sufficiency: Jeffrey A.Klatzkow County Attorney Agfte Underlined text is added,Seek-through text is deleted Noe 74 of 74 Packet Page-2626-