Backup Documents 11/12/2013 Item # 9D Amending the Consolidated 11/12/13
COLLIER COUNTY FLORIDA
Impact Fee Ordinance
REQUEST FOR LEGAL ADVERTISING OF PUBLIC P
To: Clerk to the Board: Please place the following as a:
fit /7-"
X Normal legal Advertisement ❑ Other:
(Display Adv., location,etc.) r�
Originating Dept/Div: OMB/Impact Fee Administration Person: Amy Patterson Date: October 22,2013
Petition No.(If none,give brief description):
Petitioner: (Name&Address):
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet)
Hearing before: X BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. November 12,2013
Newspaper(s)to be used: (Complete only if important):
X Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description&common location&Size:
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 REQUI>BFMENTS FOR "ADULTS-ONLY COMMUNITIES"
, FOR THE PURPOSES OF ASSESSING EDUC..I'IONAL 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.
Companion petition(s), if any&proposed hearing date:
Does Petition Fee include advertising cost?❑ Yes ❑ No
If Yes,what account should be charged for advertising costs: P.O.#4500145691 (0$1 N,L1
viewed b
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Date
Division Administrator or Designee
List Attachments:
90 `
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda tile: to ❑Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
FOR CLERK'S OFFICE USE 0
Date Received: __ 2 ( Date of Public hearing: %'I (Z ( 3 Date Advertised: (I. l ( l
•
Teresa 1. Cannon 9 0
From: Patterson, Amy
Sent: Tuesday, October 22, 2013 3:12 PM
To: Minutes and Records; Brock, Mary Jo; Neet, Virginia
Subject: CO 2013
Attachments: Legal Ad CO.pdf, [O2UI3.dnc
Attached please find a request for a 10-day legal ad for the November 12, 2013 Board meeting.
If you have any questions or need any additional information, please let me know.
Thank you,
Amy
Amy Patterson
Impact Fee Manager
Collier County Office of Management and Budget
2800 North Horseshoe Drive
Naples, FL 34104
239.252.5721
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9D „:
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 EDUCATIONAL 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
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and the workshop held on June 4, 2013, provisions have been drafted to implement several
changes, 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 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.
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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.
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(3) The impact fee imposed for any accessory buildings shall be that
applicable under the impact fee rate for the land use for the primary
building unless the accessory building has its own impact fee rate.
(4) If proposed changes to a lawfully existing building or then permitted use
are deemed to create any additional impact on one or more public
facilities,then the impact fee that will be due and payable to the county for
such proposed changes will be 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, - - . - .,•_ - .. _ -- .. - ••-- • _
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.
a. 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
b. Proposed development is solely within the existing building and does
not include the addition of any new square footage.
c. Demolition and reconstruction projects are not eligible for this
program.
d. For the purposes of water and wastewater impact fees, projects that
require an existing meter to be upsized are not eligible for this
program.
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(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. . ..• .•-_ , ._ . - s. . . . .. _ . - . .. . -
at the time of the submittal of an application to the county for
pay the new (additional) impact fees shall not be eligible for this
exemption unless the applicant can prove that the building had been
(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
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, el=(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/residency of the
subject property to persons older than 18 years of age.
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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 burg—permit
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 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
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 pen it 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
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91)
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 burin—pew 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 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 ' : (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 owner/applicant 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
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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.).
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
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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.
. _ . ..• .. . ._ .. .. .. . - . •. . . ...
•= . :•• -••• shall be paid prior to the issuanc
permit.
(j),(i) The impact fee shall be paid in addition to all other fees, charges and assessments
due for the issuance of a building permit.
(k)(j.) 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.
(43(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
applicable to the most similar land use categories in the applicable impact fee rate
schedules.
(m)
Road I ct Feo
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
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9
to retain and apply the impact fee for growth necessitated capital improvements
and additions to the respective public facilities. • - . - : f."
-
***
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
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 buffing permit 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.
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(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 the 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 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.
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(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 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
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thereto, or land dedication related thereto, required pursuant to a development
order for the development, or not required by such development order. Such
construction, contribution or land dedication shall be subject to the approval of
the county manager and the board as described herein and shall be an integral part
of, and a necessary accommodation to, existing or contemplated public facilities.
Anything to the contrary notwithstanding, a contribution or dedication related to a
specific type of public facility shall be available as a credit only against the
impact fee for the same type of public facility and there shall be no intermingling
or cross-over of credits from one type of public facility to another type of public
facility.
(b) A credit granted against the applicable impact fee for certain dedications of land
or for the contributions of off-site improvements to the transportation network,
contributions of construction or installation of regional water and/or regional
sewer systems, buildings, facilities and/or improvements and/or additions thereto,
made to the regional water and sewer systems, or for other authorized
contributions or dedications for other public facilities authorized in this chapter,
whether required to be made pursuant to a development order by the county or
not, shall be subject to the following standards:
(1) The dedicated land shall be an integral part of, and a necessary
accommodation to, contemplated off-site improvements to the adopted
needs plan transportation network, or the county's regional water and
regional sewer systems needs, whether on-site or off-site, or the county's
other public facility needs, as determined by the county;
(2) The road off-site improvements to be contributed shall be an integral part
of, and a necessary accommodation to, the adopted cost feasible plan for
the transportation network;
(3) Except as provided in sections 74-205(b)(1) and (b)(2), no other
dedications of land, contributions of off-site improvements, contributions
of construction or installation of improvements shall be entitled to
developer contribution credit from the impact fee;
(4) All dedicated land for road right-of-way shall be conveyed in fee to the
county by statutory warranty deed. Other conveyances to the county,
including right-of-way or easements required by the county shall be
conveyed to the county pursuant to ordinances, resolutions, guidelines or
regulations then in effect and in 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
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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
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.
(I 0) 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.
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(c) An applicant who desires to make a dedication of land or contribution for impact
fee credits shall, prior to issuance of a building-permit 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 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
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9 D
applicable component of the public facilities and the proposed plan is, in
the opinion of the board of county commissioners, consistent with the
public interest.
(6) Such proposed plan, viewed in conjunction with other existing or
proposed plans, will not adversely impact the cash flow or liquidity of the
applicable public facility impact fee trust account in such a way as to
frustrate or interfere with other planned or ongoing growth necessitated
capital improvements and additions to such public facility systems; and
(7) The proposed time schedule for completion of the plan is consistent with
the then most recently adopted five-year capital improvement program for
the applicable public facility.
(e) Upon approval of a proposed plan of dedication or contribution, the transportation
administrator or public utilities administrator or county manager shall determine
the amount of developer credit and shall approve the timetable for completion of
construction. The amount of developer credit to be applied against the applicable
public facility impact fee shall be determined according to the standards of
valuation described in section 74-205(b).
(f) Upon approval of a plan for the dedication or contribution, a developer
contribution agreement shall be entered into between the county and the owner. A
nonrefundable processing,review and audit fee of$2,500.00 shall be due once the
voluntary plan has been approved and prior to the preparation of a contribution
agreement by the county attorney. The processing, review and audit fee shall be
returned to the applicant if either the county manager, the authorized division or
department administrator, or the board determines the proposed plan is not
acceptable. The processing, review and audit fee shall become non-refundable
when the board authorizes the county attorney to prepare a contribution
agreement. The contribution agreement shall, at a minimum, provide for and
include,but not be limited to:
(1) Identification of the parties including a representation from the owner or
owners disclosing who are the record owners of the real property
described in the contribution agreement. If requested by the county
attorney, the applicant or owner shall provide to the county attorney, at no
cost to the county, an attorney's opinion 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.
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(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 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
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90
of the impact fees for that public facility in effect at the time of the
building permit iced 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.
(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.
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(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 (for the purposes of road impact
fees), 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 agreement, 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
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0
(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
• . .. -. , - ... . . -- . 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
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91J
impact fee for that same type of public facility imposed upon the development,
the contribution agreement may provide for the future reimbursement to the
owner of the excess of such contribution credit from future receipts by the county
of impact fees. However, no reimbursement shall be paid until such time as all
development at the location which was subject to the credit has been completed.
Such reimbursement shall be made over a period of five 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.
***
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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:
***
(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
***
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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.
(1) All impact fees deferred for owner-occupied dwelling units at the ti a the
.•
• . - .- •- : 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
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9D
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;
(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
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E 9-0
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 become effective on December 1,2013.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approv d a' t./ orm a.• legality:
I\414?
Jeffrey •lir w
County • t«i'\ey
ii
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90
Acct. #068784
October 22, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
RE: Amending the Consolidated Impact Fee Ordinance
Dear Legals:
Please advertise the above referenced notice on Friday, November 1, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500145691
9 D
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, November 12 , 2013, in the
Board of County Commissioners Meeting Room, 3rd Floor, Building "F, "
Collier County Government Center, 3299 Tamiami Trail East, Naples,
Florida, 34112 , the Collier County Board of County Commissioners will
consider the enactment of a County ordinance . The meeting will
commence at 9 : 00 A.M. The title of the proposed ordinance is as
follows :
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 PURPOSE OF ASSESSING EDUCATIONAL 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.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks prior
to the respective public hearing. In any case, written material intended
to be considered by the Board shall be submitted to the appropriate
County staff a minimum of seven days prior to the public hearing. All
material used in presentations before the Board will become a permanent
part of the record.
i 9 0
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance . Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 ,
(239) 252-8380 . Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
90
Teresa L. Cannon
To: Naples Daily News Legals
Subject: Amending the Consolidated Impact Fee Ord
Attachments: AMending the Consolidated Impact Fee Ord..doc; Amending the Consolidated Impact
Fee Ord.doc
Legals,
Please advertise the attached legal ad on Friday, November 1, 2013.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records bepartment
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
1
Teresa L. Cannon
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, October 23, 2013 11:29 AM
To: Teresa L. Cannon
Subject: Ad Confirmation
Attachments: UAS8C8E jpg
Hi Teresa,
Please provide approval ASAP for publication on 11.01.13.
Thanks!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: ;239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at(239) 213-6000
Thank you for placing your ad.
Dale 10/23/13
Publication NDN
Account Number 744107
Ad Number 2004607
Total Ad Cost $305.82
1
NOTICE OF INTENT TO CONSIDER ORDINANCE 9 0
Notice is hereby given that on Tuesday, November 12, 2013. in the Board of County
Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government
Center, 3299 Taiyuan-it Trail East. Naples, Florida, 34112, the Collier County Board of
County Commissioners will cc nsidper the enactment of a County ordinance. The
meeting will commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
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 COM MU 1TIES" FOR THE PURPOSE OF ASSESSING EDUCATIONAL 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.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE' All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
Packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
bprior to the public hearing. All material used in presentations before the Board will
ecome a permanent part of the record.
Any person who decides to appeal a decision of the Board will-need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim re-
cord of the proceedings is made,which record includes the testimony and evidence
upon which the appeal is based.
if you area erson with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cast to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tarriami Trail East, Suite #101, Building W, Naples, Florida
34112, (2.39) 252-838€1. Assisted listening devices for the hearing impaired are avail--
able in the County Commissioners" Office
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER. ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
November 1, 2013 No. 2004507
90
Teresa L. Cannon
From: Neet, Virginia
Sent: Wednesday, October 23, 2013 11:56 AM
To: Teresa L. Cannon; Patterson,Amy
Subject: RE:Ad Confirmation
Looks good to me!!. Will wait for Amy's confirmation.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066- Fax(239) 252-6600
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
-----Original Message
From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com]
Sent: Wednesday, October 23, 2013 11:38 AM
To: PattersonAmy; NeetVirginia
Subject: FW:Ad Confirmation
Please review and ok.Thanks
Tel L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Wednesday, October 23, 2013 11:29 AM
To:Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa,
Please provide approval ASAP for publication on 11.01.13.
Thanks!
Carol
1
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com 9 D
Read. Learn. Share.
How may we help you? Call us at (239) 213-6000
Thank you for placing your ad.
Date 10/23/13
Publication NDN
Account Number 744107
Ad Number 2004607
Total Ad Cost $305.82
2
9D
Teresa L. Cannon
From: Patterson,Amy
Sent: Wednesday, October 23, 2013 12:29 PM
To: Teresa L. Cannon
Cc: Neet, Virginia
Subject: Re: Ad Confirmation
Looks good to me!
Thank you,
Amy
Sent from my iPhone
On Oct 23, 2013, at 11:38 AM, "Teresa L. Cannon" <Teresa.Cannon @collierclerk.com>wrote:
> Please review and ok.Thanks
>Teresa L. Cannon, BMR Senior Clerk
> Minutes and Records Department
> 239-252-8411
>239-252-8408 fax
>Teresa.Cannon @collierclerk.com
>- ---Original Message
> From: Polidora, Carol [mailto:cpolidora@naplesnews.com]
>Sent: Wednesday, October 23, 2013 11:29 AM
>To:Teresa L. Cannon
>Subject: Ad Confirmation
> Hi Teresa,
> Please provide approval ASAP for publication on 11.01.13.
>Thanks!
>Carol
>Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
>0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com
> naplesnews.com I ndnadvertising.com
> Read. Learn. Share.
> How may we help you?Call us at (239) 213-6000
>Thank you for placing your ad.
> Date 10/23/13
> Publication NDN
>Account Number 744107
1
9D
Teresa L. Cannon
To: Polidora, Carol
Subject: RE:Ad Confirmation
Looks good, ok to run.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Tel
-----Original Message
From: Polidora, Carol [mailto:cpolidora@naplesnews.com]
Sent: Wednesday, October 23, 2013 11:29 AM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa,
Please provide approval ASAP for publication on 11.01.13.
Thanks!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213-6000
Thank you for placing your ad.
Date 10/23/13
Publication NDN
Account Number 744107
Ad Number 2004607
Total Ad Cost $305.82
1
Naples Daily News
to 9 El
Naples, FL 34110
Affidavit of Publication
Naples Daily News
+
BCC/CDES BUDGET OFFICE
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112 NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,November 12,2013,Xt the Board of County
Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government
REFERENCE: 068784 Center,3299 Tamiami Trail East,Naples,Florida,34112,the Collier County Board of
County Commissioners will consider the enactment of a County ordinance. The
59731561 NOTICE OF I NTEN meeting will commence at 9:00 A.M. The title of the proposed ordinance is as'
follows:
State of Florida 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
County of Collier ORDINANCE)BY AMENDING PROVISIONS RELATING TO THE TIMING OF PAYMENT
Before the undersigned authority, p 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
appeared Robin Calabrese, who on oath PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT"TO INCLUDE WATER
AND
she serves as the Advertising Directo TION;WASTEWATER IMPACT FEES AS ELIGIBLE FEES FOR PROGRAM PARTICIPA-
PROVIDING FORA CLARIFICATION ON EXEMPTION REQUIREMENTS FOR"ADULTS-
Naples Daily News, a daily newspaper ONLY COMMUNITIES"FOR THE PURPOSE OF ASSESSING EDUCATIONAL FACILITIES
IMPACT FEES; PROVIDING FOR THE REMOVAL OF AN OBSOLETE REFERENCE TO
Naples, in Collier County, Florida: REFUND PROVISIONS; PROVIDING FOR INCLUSION OF LANGUAGE PARTIALLY
MISSING RELATED TO REIMBURSEMENT AGREEMENTS FOR DEVELOPMENTS
attached copy of advertising was publ UNABLE TO COMMENCE; PROVIDING UPDATED REFERENCE TO THE FORMER
GOODLAND WATER DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY;
newspaper on dates listed. PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
Af f iant further says that the said ] ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
News is a newspaper published at Nap l( available for inspection. All interested parties are invited to attend and be heard.
Collier County, Florida, and that the NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
newspaper has heretofore been continu( Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
published in said Collier County, Flo: recognized by the Chairman, a spokesperson for a group or organization may be
day and has been entered as second cl< allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
matter at the post office in Naples, packets must submit said material a minimum of 3 weeks prior to the respective
Collier County, Florida, for a period
public hall be. In any case,the appropriate material intended ty staff to in be cum ofrse by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing.All material used in presentations before the Board will
next preceding the first publication ( become a permanent part of the record.
attached copy of advertisement; and a. Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim re-
further says that he has neither paid cord of the proceedings is made,which record includes the testimony and evidence
upon which the appeal is based.
P romised any person, firm or corporat:
If you are a person with a disability who needs any accommodation in order to par-
discount, rebate, commission or refun( ticipate in this proceeding,you are entitled, at no cost to you,to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
of this advertisement ment, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida
Depart-
purpose securing 34112, (239)252-8380.Assisted listening devices for the hearing impaired are avail-
publication in the said newspaper. able in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
PUBLISHED ON: 11/01 GEORGIA A.HILLER,ESQ,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By:Teresa Cannon,Deputy Clerk
(SEAL)
November 1 2013 No 2004607
AD SPACE: 104 LINE
FILED ON: 11/01/13
Signature of Af f iant k/=
Sworn to and Subscribed be re me . , /• day of �4 '20Ii
ramua-•`_..sue.
Personally known by me ALA ,.� r 1 ��
1
Y'^r''., CAROLPOLIDURA
_*: :;: :_ ! COMMISSION#EE 851758
rnd
% , EXPIRES:November 28,2014
A,;,ec�' Bonded Tin Plchard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JA 11/14/13 '
4. BCC Office Board of County G'N \(N
7_ Commissioners 7 `Vc&.'5
5. Minutes and Records Clerk of Court's Office ^� �ss \�n,
PRIMARY CONTACT INFORMATION �N 't
Disfi
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
_,ddressees above,may need to contact staff for additional or missing information.
Vame of Primary Staff Amy Patterso , Impact Fees Phone Number 252-572
Contact/ Department
kgenda Date Item.was 11/12/13 Agenda Item Number 9-D
_•kpproved by the BCC
type of Document Ordinance—Amending Chapter 74— Number of Original One
attached Impact Fees Documents Attached
PO number or account
lumber if document is N/A
o be recorded 00i 3--
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature? JAK
`. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
_ by the Office of the County Attorney.
. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/12/13 and all changes made during /JAIL)
the meeting have been incorporated in the attached document. The County � s i �:•, ;b:
Attorney's Office has reviewed the changes, if applicable. 1•:
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the /
Chairman's signature.
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Martha S. Vergara
From: Martha S.Vergara
Sent: Thursday, November 21, 2013 9:00 AM
To: 'CountyOrdinances @dos.myflorida.com'
Subject: CLL Ordinance 2013-0063
Attachments: CLL20132111_Ordinance 2013_0063.pdf
Sent By: COLLIER COUNTY CLERK OF THE CIRCUIT COURT
BOARD MINUTES & RECORDS DEPARTMENT
Sender's Phone: 239-252-7240
County: COLLIER (CLL)
Ordinance Number: 2013-0063
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara @collierclerk.com
1
9 0 (4.:
ORDINANCE NO. 2013 - 63
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 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
EDUCATIONAL 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 changes,
including an expansion of the impact fees eligible for the "Impact Fee Program for Existing
Underlined text is added;Strusl�Hrreugh text is deleted
Page 1 of 13
9 0 . A
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 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;ugh text is deleted
Page 2 of 13
9 D.
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 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 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
Underlined text is added;StruuslE-through text is deleted
Page 3 of 13
9D
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
. - - - - - -• . . ... 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.
a. 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
b. Proposed development is solely within the existing building and does
not include the addition of any new square footage.
c. Demolition and reconstruction projects are not eligible for this
program.
d. For the purposes of water and wastewater impact fees, projects that
require an existing meter to be upsized are not eligible for this
program.
(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 buildings, structures and/or uses that arc not in actual use
at the time of the submittal of an application to the county for
pay the new (additional) impact fees shall not be eligible for this
exemption unless the applicant can prove that the building had been
years and the building or structure has not been condemned.
Underlined text is added;Struck-through text is deleted
Page 4 of 13
90
(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
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, ef-(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/residency of the
subject property 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:
***
(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 owner/applicant 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
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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.).
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 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
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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.
building or part of a building within a development which by design contemplates
phased (delayed) occupancy, the board and the applicant may enter into an
agreement for the phased (installment) payment of the impact fee applicable to
that portion of the development represented by such unoccupied units or space;
provided, however, that all impact fees due shall be paid in full prior to issuance
of a certificate of occupancy for occupancy of any delayed occupancy portion of
occupancy, the impact fees applicable to that portion of the development
represented by such building shall be paid prior to the issuance of a building
peffnit.
{ } The impact fee shall be paid in addition to all other fees, charges and assessments
due for the issuance of a building permit.
(k) In the event a development is a mixed use development, the county manager shall
calculate each impact fee based upon each separate impact fee land use category
included in the proposed mixed use development as set forth in the applicable rate
schedule.
(1)(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
applicable to the most similar land use categories in the applicable impact fee rate
schedules.
(m) 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 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
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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 proccdurc(s) set forth in the
Collier County Administrative Procedures Manual for Road Impact Fees.
***
SECTION FIVE. 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:
***
(f) Upon approval of a plan for the dedication or contribution, a developer
contribution agreement shall be entered into between the county and the owner. A
nonrefundable processing, review and audit fee of$2,500.00 shall be due once the
voluntary plan has been approved and prior to the preparation of a contribution
agreement by the county attorney. The processing, review and audit fee shall be
returned to the applicant if either the county manager, the authorized division or
department administrator, or the board determines the proposed plan is not
acceptable. The processing, review and audit fee shall become non-refundable
when the board authorizes the county attorney to prepare a contribution
agreement. The contribution agreement shall, at a minimum, provide for and
include, but not be limited to:
(1) Identification of the parties including a representation from the owner or
owners disclosing who are the record owners of the real property
described in the contribution agreement. If requested by the county
attorney, the applicant or owner shall provide to the county attorney, at no
cost to the county, an attorney's opinion 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.
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(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 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.
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(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.
(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
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accommodate growth, within the respective impact fee district where the
development is located, or an adjacent district (for the purposes of road impact
fees), 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 agreement, 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.
***
SECTION SIX. 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:
***
(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
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90
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 SEVEN: 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 EIGHT: 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.
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911
SECTION NINE: EFFECTIVE DATE.
This Ordinance shall become effective on December 1, 2013.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this !Z}\day of - ,,,N ,ar-; 2013.
ATTL ' . e, BOARD OF COUNTY OMMISSIONERS
DWi6 -IT E. BRO(1KSLERK CO IE' COUNTY, LORIDA
B : �r �. By: ii's
Attest ash Oh.(1 rp'aii P epu i■ I er $ • • A • . HILLER, ESQ.
signature only. CHAIRWOMAN
Appr.'' ed 3i form and legality:
t li
Jeffrey l j � atzkow
County �[ttdney
a
This ordinance filed with the
Secretary of State's Office the
day of ? I-5
and acknowledgement of that
filin received this .2_1__C___ day
of Noel' ► ..
�� .
Gepu�j Cerk
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Page 13 of 13
{
9 D
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 21, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2013-63, which was filed in this office on November 21,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us