Agenda 11/10/2009 Item #16C 1
Agenda Item No. 16C1
November 10, 2009
Page 1 of 9
EXECUTIVE SUMMARY
Request by staff for authorization to advertise and bring back for the Board's consideration an
Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as
amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on
geographic areas within the Collier County \Vater-Sewer District until such a time when connection to the
regional water and/or sewer system is anticipated within a ten-year period as identified by the most current
Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report.
OBJECTIVE: For the Board of County Commissioners (Board) to authorize staff to advertise and bring back for
the Board's consideration an amendment to Ordinance No. 2001-13, as amended, to exempt payment of Water
and Sewer Impact Fees, during the nonnal land development process, from geographic areas that have no
foreseeable potential to be provided with potable water and/or sewer services by the Collier County Water-Sewer
District (District) within ten years as identified by the most current Public Utilities Water and Wastewater Master
Plan Updates and the Annual Update and Inventory Report.
CONSIDERATIONS: On November 18, 2008, during its regular meeting under Agenda Item 6A Public Petition,
the Board directed staff to review the existing Water-Sewer District boundaries to determine those geographic
areas the District planned to provide with potable water and sewer services within the next ten years. The intent
of the review was to detem1ine those areas that could be added to the geographic areas currently identified in the
Collier County Consolidated Impact Fee Ordinance, Ordinance number 2001-13, Section 74-303 (C) 1
"Limitation on Applicability," as expressly excluded from the imposition of Water and Sewer Impact Fees until
such time those Developments are within ten years of being connected to the Regional Water and/or Sewer
Systems as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the
Annual Update and Inventory Report.
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Through a review of the District's current boundaries, in-place water distribution and sewer collection system
infrastructure, the 2008 Water and Wastewater Master Plan Updates adopted by the Board on June 24, 2008,
Agenda Item lOG, and the 2009 Annual Update and Inventory Report adopted by the Board at the November 3,
2009, special meeting, staff identified the following geographic areas that would not fall within the ten year
development/connection period:
Any and all portions of Sections 13, 14, 15, ] 6,20, 2], 22, 27 and 28, Township 49 South, Range 27 East within
the Collier County Water-Sewer District boundaries.
Any and all portions of Section 24, Township 49 South, Range 26 East within the Collier County Water-Sewer
District boundaries.
Any and all portions of Section 31, Township 50 South, Range 27 East within the Collier County Water-Sewer
District boundaries.
Any and all portions of Sections 3, 4,10 and 11, Township 51 South, Range 27 East within the Collier County
Water-Sewer District boundaries.
Any and all portions of Sections 34 and 35, Township 50 South, Range 25 East within the Collier County Water-
Sewer District boundaries.
Any and all portions of Sections 1, 2, 3, ] 1, 12, 13, lA, 23 and 24, Township 51 South, Range 25 East within the
..- Collier County Water-Sewer District boundaries.
Page] of1
Agenda Item No. 16C1
November 10, 2009
Page 2 of 9
Any and all portions of Sections 7, 17, 18, 19 and 20, Township 5 1 South, Range 26 East within the Collier
County Water-Sewer District boundaries.
Any and all portions of Sections 34, 35 and 36, Township 47 South, Range 27 East within the Collier County
Water-Sewer District boundaries; and,
Any and all portions of Sections 1,2, and 3, Township 48 South, Range 27 East within the Collier County Water-
Sewer District boundaries.
All of the above described lands are in Collier County, Florida.
Rather than expressly exclude the aforementioned areas from the geographic boundaries of the Collier County
Water-Sewer District, only to have to amend the Ordinance again to bring those areas back within the boundaries
on a future date at a subsequent cost, the proposed amendment clarifies the policy to impose and collect water and
sewer impact fees based on objective criteria tied to a foreseeable ten-year connection period. To prohibit the
future collection of water and sewer impact fees under the Ordinance in geographical areas where development
and/or connection to water and/or sewer services is not reasonably imminent, the proposed amended ordinance
exempts the payment of Water and Sewer Impact Fees, during the nOl1nal land development process, from
geographic areas that have no foreseeable potential to be provided with potable water and/or sewer services by the
Collier County Water-Sewer District (District) within ten years as identified by the most current Public Utilities
Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report.
FISCAL IMPACT: The fiscal impact related to the adoption of this Ordinance is the loss of prospective Water
and Sewer Impact Fees in an indeterminable amount. However, this action mitigates the administrative efforts of
refunding Water and Sewer Impact Fees in subsequent periods.
GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be spent on capital improvements to
public facilities necessitated by growth. This is consistent with Policy 2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP), which states "Future development will bear a
proportionate cost of facility improvements necessitated by growth." This proposed Ordinance does not in any
way waive Water and Sewer Impact Fees for any Development connecting to the District's Regional Water and/or
Regional Sewer System; rather, delays the collection of such applicable Impact Fees until such time that the
provision of potable water and sewer services is anticipated within ten years.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and
is otherwise legally sufficient for Board action.--SRT
RECOMMENDATION: That the Board of County Commissioners, as ex-officio governing Board of Collier
County Water-Sewer District, authorize the County manager or his designee, to adveriise and bring back for the
Board's consideration an amendment to Ordinance No. 2001-13, as amended, to exempt payment of Water and
Sewer Impact Fees, during the nOl1l1alland development process, from geographic areas that have no foreseeable
potential to be provided with potable water and/or sewer services by the Collier County Water-Sewer District
(District) within ten years as identified by the most current public utilities water and wastewater master plan
updates and the Annual Update and Inventory Report.
PREPARED BY: Margie Hapke, Operations Analyst, Public Utilities Division
ATTACHMENTS:
Proposed Amended Ordinance
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Page 2 of2
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Agenda Item No. 16C1
November 10, 2009
Page 3 of 9
".-.,
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Request by staff for authorization to advertise and bring back for the Boards consideration an
Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No.
2001-13, as amended. to incorporate a provision clarifying the imposition of Water and
Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District until
such a time when connection to the regional water and/or sewer system is anticipated within
a ten-year period as identified by the most current Public Utilities Water and Wastewater
Master Plan Updates and the Annual Update and Inventory Report.
11/10/20099:00:00 AM
Meeting Date:
Prepared By
Margie Hapke
Public Information Coordinator
Date
Public Utilities
Public Utilities Administration
4/21/20099:51 :29 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmentai Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
10/20/2009 3:14 PM
Approved By
Phil E. Gramatges, P.E.
Sr. Project Manager
Public Utilities Planning and Project
Management Department
Date
Public Utilities
10/20/20093:39 PM
Approved By
G. George Yilmaz
WasteWater Director
Date
Public Utilities
WasteWater
10/20/2009 7 :01 PM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
10/21/20095:41 PM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
10/22/20092:37 PM
Approved By
Gilbert Moncivaiz
Utility Billing Temp. Emp.
Date
Department Of Revenue
10/23/20098:22 AM
Approved By
Amy Patterson
Impact Fee Manager
Date
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Agenda Item No. 16C1
November 10, 2009
Page 4 of 9
Community Development &
Environmental Services
Financial A.dmin. & Housing
10/28/20099:43 AM
Approved By
Scott R. Teach
Assistant County Attomey
Date
County Attorney
County Attorney Office
10128/200910:11 AM
Approved By
Thomas Wi des
Operations Director
Date
Public Utilities
Public Utiiities Operations
10/28/2009 11 :02 AM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
10/28/2009 1: 25 PM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
1012912009 1 :08 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of r,'>anagemenl & Budget
10130/20098:42 AM
Approved By
Jeff Klalzkow
County Attorney
Date
County Attorney
County Attorney Office
10130/2009 2: 12 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & 3udQet
11/2120093:22 PM
Approved By
Mark Isackson
Bud9'9t J~t~!a!yst
Date
County Manager's Office
Office of fla;A;agenlsnt & Budget
11/2!2Q09 3:26 PM
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Agenda Item No. 16C1
r\Jovember 10, 2009
Page 5 of 9
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A PROVISION CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPffiC AREAS WITHIN THE COLLIER COUNTY WATER-
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO
THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY
THE MOST CURRENT PUBLIC UTILITIES WATER AND
WASTEWATER MASTER PLAN UPDATES AND THE ANNUAL
UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners 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; and
WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions
that will amend Section 74-303 (C)(1) of the Collier County Code of Laws and Ordinances
relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas
within the Collier County Water-Sewer District to clarify and limit the imposition of Water and
Sewer impact fees on geographic areas within the Collier County Water-Sewer District until
such a time when connection to the Regional Water and or Sewer System is anticipated within a
ten-year period as identified by the most current Public Utilities Water and Wastewater Master
Plan Updates and the Annual Update and Inventory Report during the normal land development
process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-303, Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Page I of3
Underlined text is added; mook thfougb. text is deleted.
Aoenda Item No. 16C 1
~ r.~ovember 10. 2009
Page 6 or 9
Section 74.303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee.
***
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 g~l not apply within the
geographic areas expressly excluded by this chapter.:. &em. the impositioB of '.vater and
sewer impact fees: 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':" subiect 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 Atmual Update and Inventory Reoort. 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-inclusivek 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:
***
m. Any and all portions of Sections 13. 14. 15. 16. 20. 21. 22. 27. and 28.
Township 49 South. RaniZe 27 East within the Collier County Water-Sewer District
boundaries. Any and all portions of Section 24. Township 49 South. Ran~e 26 East
within the Collier County Water~Sewer District boundaries. Any and all portions of
Section 31. Township 50 South. Range 27 East within the Collier County Water-Sewer
District boundaries. Any and all portions of Sections 3. 4. 10. and 11. Township 51
South.. Range 27 East within the Collier County Water-Sewer District boundaries. Any
and all pOrtions of Sections 34 and 35. Township 50 South. Range 25 East within the
Collier County Water-Sewer District boundaries. Any and all oortions of Sections 1. 2.
3.11. 12. 13. 14.23. and 24. Township 51 South. Range 25 East within the Collier
County Water-Sewer District boundaries. Any and all portions of Sections 7. 17. 18. 19.
Page 20f3
Underlined text is added; ~ text is deleted.
Agenda Item NO.1 GC1
November 10, 2009
Page 7 of 9
and 20. Township 51 South. Range 26 East within the Collier County Water-Sewer
District boundaries. Any and all portions of Sections 34. 35. and 36. Township 47 South.
Range 27 East within the Collier Countr Water-Sewer District boundaries. Any and all
rortions of Sections 1. 2. and 3. Township 48 South. Range 27. East within the Collier
County Water-Sewer District boundaries.
***
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction., such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUDSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or
relettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section.," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
The Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2009.
A TIEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
~
Scott R. Teach
Deputy County Attorney
Page 3 of3
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Agenda Item 1'>10. 16C1
November 10, 2009
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