Agenda 12/13/2011 Item #10C12/13/2011 item 10.C.
EXECUTIVE SUMMARY
Recommendation to direct the County Manager or his designee to advertise an Ordinance amending
the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended, to
incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas
within the Collier County Water -Sewer District 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 Public
Utilities Water and Wastewater Master Plan Updates, and the Annual Update and Inventory Report
OBJECTIVE: That the Board of County Commissioners (Board) direct the County Manager or his designee to
advertise an amendment to Ordinance No. 2001 -13, as amended, to exempt payment of Water and Sewer Impact
Fees during the normal land development process in geographic areas that have no foreseeable potential to be
provided with potable water and/or sewer services by the Collier County Water -Sewer District (District) within
ten years as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the
Annual Update and Inventory Report (AUIR).
CONSIDERATIONS: On November 18, 2008, during its regular meeting under Agenda Item 6A Public Petition,
the Board directed staff to review the existing District boundaries to determine those geographic areas the District
planned to provide with potable water and sewer services within the next ten years. The intent of the review was
to determine those areas that could be added to the geographic areas currently identified in the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, codified as Section 74-303 (C) 1 in the Code of
Laws and Ordinances "Limitation on Applicability," as expressly excluded from the imposition of Water and
Sewer Impact Fees until such time those Developments are within ten years of being,.connected to the Regional
Water and/or Sewer Systems as identified by the most current Public Utilities Water and Wastewater Master Plan
Updates and the AUIR.
Through a review of the District's current boundaries, in -place water distribution and sewer collection system
infrastructure, the 2008 Water and Wastewater Master Plan Updates adopted by the Board on June 24, 2008,
Agenda Item 10G, and the 2011 AUIR adopted by the Board on November 8, 2011, Agenda Item 08A, staff
identified the following geographic areas that would not fall within the ten -year development/connection period.'
All of the lands described herein are in Collier County, Florida, and, within the Collier County Water -Sewer
District.
Any and all portions of Sections 09, 16, 22, 25 and 36, Township 48 South, Range 26 East within the Collier
County Water -Sewer District boundaries.
Any and all portions of Sections 12, 13, 24 and 25, Township 50 South, Range 26 East within the Collier County
Water -Sewer District boundaries.
Any and all portions of Sections 19 and 30, Township 50 South, Range 27 East within the Collier County Water -
Sewer District boundaries.
Any and all portions of Sections 13 and 24, Township 51 South, Range 26 East within the Collier County Water -
Sewer District boundaries.
Rather than expressly exclude the aforementioned areas from the geographic boundaries of the District, only to
have to amend the Ordinance again to bring those areas back within the boundaries at a future date at a subsequent
cost, the proposed amendment clarifies the policy to impose and collect water and sewer impact fees based on
objective criteria tied to a foreseeable ten -year connection period. To prohibit the future collection of water and
sewer impact fees under the Ordinance in geographical areas where development and/or connection to water
and/or sewer services is not reasonably imminent, the proposed amended ordinance exempts the payment of
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12/13/2011 Item 10.C.
Water and Sewer Impact Fees during the normal land development process from geographic areas that have no
foreseeable potential to be provided with potable water and/or sewer services by the District within ten years as
identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the AUIR.
Upon approval of this Executive Summary, the attached draft ordinance amendment will be finalized and
advertised for future Board Consideration.
FISCAL EWPACT: The fiscal impact related to the adoption of this Ordinance is the addition or loss of
prospective Water and Sewer Impact Fees in an indeterminable amount. However, this action mitigates the
administrative efforts of refunding Water and Sewer Impact Fees in subsequent periods.
GROWTH AQN&9Z=M �11+IPACT: Impact Fees generate funds to be spent on capital improvements to
public facilities necessitated by growth. This is consistent with Objective 2 of the Capital Improvement Element
of the Collier County Growth Management Plan, which states "Future development will bear a proportionate cost
of facility improvements necessitated by growth." This proposed Ordinance does not in any way waive Water
and Sewer Impact Fees for any Development connecting to the District's Regional Water and/or Regional Sewer
System; rather, delays the collection of such applicable Impact Fees until such time that the provision of potable
water and sewer services is anticipated within ten years.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a ,majority vote.
JBW
RKOINNVIE M&U N: That the Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and as Ex- Officio the Governing Board of the Collier County War Sewer District direct
the County Manager or his designee to advertise an amendment to Ordinance No. 2001-13, as amended, to
exempt payment of Water and Sewer Impact Fees during the normal land development process from geographic
areas that have no foreseeable potential to be provided with potable water and/or sewer services by Collier County
Water - Sewer District within ten years as identified by the most current Public Utilities Water and Wastewater
Master Plan Updates and the Annual Update and Inventory Report.
PREPARED BY: Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division
ATTACHMENTS: Proposed Amended Ordinance, water exempt map, and sewer exempt map.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.C.
12/13/2011 Item 10.C.
Item Summary: Recommendation to direct the County Manager or his designee to
advertise an Ordinance amending the Collier County Consolidated Impact Fee Ordinance,
Ordinance No. 2001 -13, as amended, to incorporate a provision clarifying the imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water -Sewer
District 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 Public Utilities Water and
Wastewater Master Plan Updates, and the Annual Update and Inventory Report.
Meeting Date: 12/13/2011
Prepared By
Name: Gilbert Moncivaiz
Title: Impact Fee Coordinator,Utilities Finance Operation
11/18/20119:18:00 AM
Submitted by
Title: Impact Fee Coordinator,Utilities Finance Operation
Name: Gilbert Moncivaiz
11/18/20119:18:01 AM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 11/18/20119:27:13 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 11/18/2011 12:04:08 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
n Date: 11/21/2011 4:50:33 PM
Packet Page -706-
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 11/2 7/2011 9:17:22 AM
12/13/2011 Item 10.C.
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11 /28/2011 11:22:17 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11 /28/20114:11: 10 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 12/1/20114:23:45 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 12/1/20115:23:59 PM
Packet Page -707-
12/13/2011 Item 10.C.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A PROVISION CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER -
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO
THE REGIONAL WATER AND /OR
ANTICIPATED WITHIN A TEN -YEAR PI
THE MOST CURRENT PUBLIC I'
WASTEWATER MASTER PLAN UP]
UPDATE AND INVENTORY REPO;`'
,::
AND SEVERABILITY; PROVIDING
COLLIER COUNTY CODE OF LU
PROVIDING AN EFFECTIVE DATE.````'
EER SYSTEM IS
AS IDENTIFIED BY
ES WATER AND
ND,_ THE ANNUAL
vG: FOR CONFLICT
FOR INCL
IN THE
S; AND,
WHEREAS, Collier County", as used, impact fee4�s a funding source for growth- related
capital improvements for various facilities since 1978; and
WHEREAS, on 1Ia�rch 13, 200:, the Boar of County Commissioners adopted
Ordinance No. 2001 13, the Collier County Consohdatenpact Fee Ordinance, repealing and
superseding all of the bounty's then, existing irnpat fee regulations, and consolidating all of the
County's impact fee regulations mfQ: that one Ordinance codified in Chapter 74 of the Collier
County Co and Ordces, atadt
u IEREAS, or ; DeceTfi ti 1, 2009, "Ehe Board of County Commissioners adopted
Ordinance. 1o. 2009-64 amending Ordinance No. 2001 -13 by adding paragraph C.(1)m. to reflect
additional exo Wed geographid as to &1 imposition of impact fees; and
WHEREAS, on April 12,2011, the Board of County Commissioners adopted Ordinance
No. 2011 -10 amending OrdI NO. 2001 -13 by adding paragraph C.(1)n. to reflect additional
excluded geographic areas to imposition of impact fees; and
WHEREAS, the adoption of this Amendment will amend Section 74 -303 (C)(1) of the
Collier County Code of Laws and Ordinances relating to the applicability and imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water -Sewer
District to clarify and limit the imposition of Water and Sewer impact fees on additional
geographic areas within the Collier County Water -Sewer District until such a time when
connection to the Regional Water and or Sewer System is anticipated within a ten -year period as
identified by the most current Public Utilities Water and Wastewater Master Plan Updates and
the Annual Update and Inventory Report during the normal land development process.
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12/13/2011 Item 10.C.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMNUSSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74 -303, Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -303. Special Requirements for Water Impact Fee and /or Sewer Impact Fee.
C. Limitation on Applicability. Notwithstanding,, t%e general applicability provisions
set forth in this chapter, water and sewer impact feesalll,e limited as follows:
(l) The imposition of water and
geographic areas expressly excluded b
sewer service, development shall inclni
water sewer district, exclusive of lands
hereunder subject to the following cone
sewer impact fees on geographic areas
take place until such time when conrec
anticipated within a ten - year' period a
Utilities Water and Wastewater .Masi
Inventory Report- Lands within ,�ffie
applicable de uu666 of "development
include (the' exclusions set'y forth belt
excluded areas which are either requires
water system, or v86h othe e,...create
in 6 same man" ef.as if
impact fees hall not apply within the
s chapter for purposes of the water and /or
only development o�ds within the county
compassed by the geogrA hic areas described
the in�position and collection of water and
ithin therounty water sewer district shall not
n to the regional water and /or sewer system is
dentified* Ahe most current county Public
'Plan Updates nand the Annual Update and
znfy' generally'' luded from the generally
eles io the` water and /or sewer service
ire
not all u Clusive) lands lying within the
i connect or request connection to the regional
growth necessitated demand upon the regional
stlion of impact fees in accordance with this
;were not within the excluded geographic area:
and 25. Township 50 "South. Rans?e;26 East within the Collier Countv Water -Sewer District boundaries.
1�
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 by any court of competent jurisdiction, such portion shall be deemed a
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n
12/13/2011 Item 10.C.
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN THE 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 section of the Ordinance may be renumbered or
relettered and internal cross - references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
The Ordinance shall become effective upon
PASSED AND DULY ADOPTED
County, Florida this
ATTEST:
Dwight E. Brock, Clerk
U-In
and le
Jennifer B. Whitc
Assistant County
Secretary of State.
oard of County
11.
of Collier
COUNTY COMMISSIONERS
Z COUNTY, FLORIDA
Fred W. Coyle, CHAIRMAN
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12/13/2011 Item 10.0
Collier County Water District Exempt Map
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Collier County Sewer District Exempt Map 12/13/2011 Item 10.C.
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