Ordinance 2006-40
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~ RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
\~ 01' OLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE
\~.gC' "APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY
"'~S'~!'~~~~:!- CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING
THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR THE
INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY
ENTITLED "COLLIER COUNTY GENERAL GOVERNMENT
BUILDING IMPACT FEE UPDATE STUDY;" AMENDING THE
GENERAL GOVERNMENT BUILDING IMPACT FEE RATE
SCHEDULE AS SET FORTH IN THE IMPACT FEE UPDATE
STUDY; PROVIDING FOR THE INCORPORATION OF
REQUIREMENTS REQUIRED BY THE "FLORIDA IMPACT FEE
ACT"; AMENDING PROVISIONS FOR AFFORDABLE HOUSING
IMPACT FEE DEFERRALS TO SPECIFY THAT ONLY CITIZENS
OF THE UNITED STATES OR LEGAL ALIENS WHO ARE
PERMANENT RESIDENTS OF THE UNITED STATES CAN
QUALIFY FOR IMPACT FEE DEFERRALS; PROVIDING THAT
THE MAXIMUM NUMBER OF DEFERRAL AGREEMENTS
PERMITTED AT ANY SINGLE TIME FOR AN INDIVIDUAL
DEVELOPER, OR FOR ANY DEVELOPMENTS THAT ARE UNDER
COMMON OWNERSHIP, IS INCREASED FROM THIRTY (30) TO
FIFTY (50); PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE
DATE OF NOVEMBER 1, 2006.
ORDINANCE NO. 2006- 40
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 (the "Code"); and
WHEREAS, on March 9, 2004, the Board of County Commissioners adopted Ordinance
No. 2004-16, amending the Collier County Consolidated Impact Fee Ordinance, thereby
establishing the General Government Building Impact Fee and providing for the implementation
of the impact fee in three phases, subject to the following limitations:
(1) That for one-year from the effective date of this ordinance, the rates set forth
in the then currently adopted general government impact fee rate schedule
shall be applied at 75 percent of the then applicable rate;
(2) That for one year following the one-year period in (1) above, the fee to be
applied will be 85 percent of the then applicable rate; and
(3) That at the end of the time period set forth in (2) above, and thereafter, the
rate to be applied will be 100 percent of the then applicable rate.; and
WHEREAS, Ordinance No. 2004-16 also sets forth indexing methodologies to provide
for annual indexing adjustments to the General Government Building Impact Fees based upon
calculations utilizing percentage changes in just values of real property as determined annually
by the Collier County Property Appraiser's Office and the building cost index prepared by the
Engineering-News Record; and
WHEREAS, pursuant to the Sections 74-310 (f) and (g) of the County's Code of Laws
and Ordinances, on March 23, 2005, the Board of County Commissioners adopted Resolution
No. 2005-136, thereby escalating the rate to 85% of the total applicable fee and applying the
calculated annual indexing increase to establish the rates that are currently in effect; and
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WHEREAS, Collier County has experienced rapid and dramatic increases in the cost of
construction and property acquisition, well above the national average, since Ordinance No.
2004-16 and Resolution No. 2005-136 were adopted; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, and because of the above average recent increases in land
and construction costs in Collier County, the County retained Tindale-Oliver & Associates, Inc.
(the "Consultant"), to review the existing General Government Building Impact Fee and
recommend changes to the fees if appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
General Government Building Impact Fee Update Study" dated May 8, 2006 (the "Study"); 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, the Study recommends changes to the General Government Building
Impact Fee rate schedule, as set forth in Schedule Nine of Appendix "A" of Chapter 74 of the
Code; and
WHEREAS, the Study also recommends changes to the existing impact fee rates to more
equitably distribute the costs of acquiring public facilities based upon the rational nexus test that
requires relating impact fees charged to the fee payers to infrastructure impacts created by the
impact fee payer's residential, commercial and other uses, or increases in uses, that require
additional impact fee facilities; and
WHEREAS, the study methodology has been reviewed and agreed to by Collier
County's outside legal counsel, Nabors, Giblin and Nickerson, P.A.; and
WHEREAS, staff has thoroughly reviewed the cost and credit calculations and findings
and concurs with the recommended changes to the General Government Building Impact Fee
rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to
implement the recommended changes; and
WHEREAS, the "Florida Impact Fee Act," set forth in Section 163.31801, Florida
Statutes, was signed into Law by the Governor on June 14,2006; and
WHEREAS, the adoption of this Ordinance incorporates provisions required by the
"Florida Impact Fee Act;" and
WHEREAS, affordable housing is a priority in Collier County and Sections 74-401 and
74-402 in Chapter 74 of the Collier County Code or Laws and Ordinances provide for Impact
Fee Deferrals granted by the Board of County Commissioners of Collier County subject to
specified procedures and conditions; and
WHEREAS, staff is recommending, and this Board agrees, that the maximum number of
deferral agreements permitted at any single time for an individual developer, or for any
developments that are under common ownership, be increased from thirty (30) agreements to
fifty (50) agreements; and
WHEREAS, the Board of County Commissioners desires to amend subsections (b)( 6)
and (c)(2) in Section 74-401 of Collier County's Consolidated Impact Fee Ordinance to specify
that only citizens of the United States or legal aliens who are permanent residents of the United
States can qualify for these impact fees deferrals; and
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Page 2 of8
WHEREAS, impact fee deferrals for affordable housing will continue to be provided to
those qualified applicants.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, subsection
(9) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-106.
Adoption of impact fee studies.
***
(9) General government facilities: "Geaeral GovemmeBt Bl:lildiRg Impoot Fees" dated
Janaary 23,2004, prepared by TiRdale Oli'ler & }I.ssoeiates, as amended. "Collier County
General Government Buildings Impact Fee Update Study" dated Mav 8. 2006. prepared
bv Tindale-Oliver & Associates. Inc.
***
The foregoing studies are hereby adopted in their entirety, as well as any updates or
supplements thereto, including the assumptions, conclusions and findings in such studies
and their amendments. In accordance with the Florida Impact Fee Act. Section
163.31801. Florida Statutes: (1) all updates or supplements thereto. and any new studies.
must be based on the most recent and localized data. and (2) notice of the new or
amended impact fee must be provided no less than ninetv (90) davs before the effective
date of the ordinance or resolution imposing the new or amended impact fee.
SECTION TWO. Article II, Impact Fees, Section 74-203, Use offunds, subsection (b)(19) of
the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-203.
Use of funds.
***
(b) The funds deposited into each impact fee trust fund shall be used solely for the purpose of
providing growth necessitated improvements and additions to the specific public facility
for which the impact fee was assessed including, but not limited to the following:
***
(19) To the extent provided by law, reimbursement or refund of costs incurred by the
county, or the school board in the case of educational facilities impact fee, in the
preparation of this chapter, of any update to the impact fee studies adopted
pursuant to section 74-106, and any amendments or supplements adopted
pursuant to section 74-502 and any other actual administrative costs incurred by
the county;
***
SECTION THREE. Article III, Special Requirements for Specific Types of Impact Fees,
Section 74-310, Same - General government impact fee, subsections (a), (b), (f), and (g) of the
Collier County Code of Laws and Ordinances are hereby amended to read as follows:
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Page 3 of8
Section 74-310.
Same - General government buildim! impact fee.
(a) Short name. This section may be known as "special requirements for the general
government building impact fee."
(b) Purpose. The purpose of this section is to tailor the general common requirements
of this chapter to the specific requirements of general government building impact fees.
(c) Limitation on applicability. See section 74-103.
(d) Payment. See section 74-202.
(e) Use offunds. See section 74-203.
(f) Impact fee rates. The general government building impact fee rate schedule
incorporated in Schedule Nine is hereby adopted and the general government building
impact fees established in the general government building impact fee rate schedule are
hereby imposed on all development as required in this chapter at a rate established under
the applicable impact fee land use categories subject to the following limitations:
(1) That for one-year from [the effective date of this ordinance] the rates set
forth in the then currently adopted general government building impact fee rate
schedule shall be applied at 75 percent of the then applicable rate;
(2) That for one year following the one-year period in (1) above, the fee to be
applied will be 85 percent of the then applicable rate; and
(3) That at the end of the time period set forth in (2) above, and thereafter, the
rate to be applied will be 100 percent of the then applicable rate.
(g) Annual mid-cycle general government building impact fee rate indexing. Beginning
February 10,2004, the county shall commence a three-year general government building
impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of this chapter.
In eooh of the tv:o mid eyele years (between the formal tlH-ee year l:lpdates) beginRing
eOn or about Febrnary 10, 2005 November 1 of each of the two mid-vears between
updates. the county shall implement adjustments to land and building costs based on just
property values published by the Collier County Property Appraiser's Office and building
cost index published by the Engineering-News Record. Mid-cycle indexed rate change
adjustments shall be adopted by a resolution of the board pursuant to subsection 74-
201(b) ofthis chapter.
SECTION FOUR. Article IV, Affordable Housing Impact Fee Deferral, Section 74-401,
Impact fee deferral, subsections (b)(6) and (c)(2) of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Section 74-401.
Impact fee deferral
(a) Applicability.
(1) Pursuant to the requirements established in this section and article IV, the county
shall defer the payment of the impact fee for any new owner-occupied or rental
development which qualifies as affordable housing under this article.
(2) Any person seeking an affordable housing deferral for proposed development shall
file with the county manager an application for deferral, prior to receiving a building
permit for the proposed development. The application for deferral shall contain the
following:
a. The name and address of the applicant;
b. An up to date, complete legal description of the site upon which the
development is proposed to be located;
c. The maximum income level of the owner, or if the owner is a developer or
builder, the income level of the household to which the dwelling unit if is to be
sold or provided for occupancy;
d. The square footage and number of bedrooms in each dwelling unit of the
development.
(3) If the proposed development meets the requirements for an affordable housing
deferral as set forth in this article, the county manager may, but is not required to, enter
into an impact fee deferral agreement and is authorized to execute such deferral
agreements along with any corresponding tri-party agreement intended to further define
re-payment obligations, as may be applicable, with the owner or applicant. The impact
fee deferral agreement shall be accepted by the county in lieu of prompt payment ofthe
impact fee that would otherwise then be due and payable but for the agreement.
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Page 4 of 8
(b) Qualifying owner-occupied dwelling. To qualify for an impact fee deferral, an owner-
occupied dwelling unit must meet all of the following criteria:
(1) The owner(s) or anticipated owner(s) of dwelling unit must have a very low, or
moderate income level, at the time of final execution by the county of a deferral
agreement as those income level terms are defined in section 74-402.
(2) The monthly mortgage payment, including taxes and insurance, must not exceed 30
percent of that amount which represents the percentage of the median annual gross
income for the applicable household category as indicated in section 74-702. However, it
is not the intent to limit an individual household's ability to devote more than 30 percent
of its income for housing, and housing for which a household devotes more than 30
percent of its income shall be deemed affordable if the first institutional mortgage lender
is satisfied that the household can afford mortgage payments in excess of the 30 percent
benchmark.
(3) A dwelling unit shall qualify as "owner-occupied" if:
a. a written affirmation from the developer to the county guarantees that the
requisite affordable housing units will be constructed, and
b. the affirmation is in effect at the date of execution of the impact fee deferral
agreement by the county, and
c. within six months from the date of issuance of the certificate of occupancy or
the execution of the affirmation, whichever is later, any option to purchase is
exercised and the purchaser takes ownership of the dwelling unit.
(4) If the purchaser fails to purchase the dwelling unit within the six-month period, then:
a. the deferred impact fee is considered in default as of the date that the fee
would have been due without the deferral; and
b. the applicant shall pay all of the impact fees, including delinquency fees and
interest dating back to the date that the fees would have been assessed but for the
deferral as provided in section 74-501.
(5) The owner, or if there is more than one owner, both of the owners, must be a first-
time home buyer. To qualify as a first-time home buyer, the owner must not have had an
ownership interest in his/her primary residence in the past three years.
(6) The dwelling unit must be the homestead of the owner(s). The owner(s) of the
dwelling unit must be at least eighteen (18) years of age and must be either citizen(s) of
the United States or be a legal alien who permanently resides in the United States. Proof
of United States Citizenship or permanent legal residency must be established to the
County's sole satisfaction. The dwelling unit must be granted a homestead tax exemption
pursuant to Chapter 196. Florida Statutes.
(7) No more than JG 50 deferral agreements are permitted at any single time for an
individual developer, or for any developments that are under common ownership. For
purposes of this subsection, "common ownership" means ownership by the same person,
corporation, firm, entity, partnership, or unincorporated association; or ownership by
different corporations, firms, partnerships, entities, or unincorporated associations, in
which a stockbroker, partner, or associate, or a member of his family owns an interest in
each corporation, firm, partnership, entity, or unincorporated association.
(c) Qualifying rental dwellings. To qualify for an impact fee deferral, a dwelling unit offered
for rent must meet all of the following criteria:
(1) The household renting the dwelling unit, including any multi-family dwelling unit,
must have a very low or low income level, at the commencement of the leasehold and
during the duration thereof, as those terms are defined in section 74-402.
(2) The dwelling unit must be and must remain the household's permanent residence.
The head ofthe household must be at least eighteen (18) years of age and must be either a
citizen of the United States or be a legal alien who permanentlv resides in the United
States.
(3) In no instance shall rental limits exceed the rental limits established by the Florida
Housing Finance Corporation for rents adjusted to bedroom size in projects assisted
under the, Florida Housing Finance Corporation or any other local, state, or federal
agency, based on unit size.
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SECTION FIVE. 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 SIX. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered 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 SEVEN. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
The impact fee schedule and increases adopted in this Ordinance shall be implemented and
applied as of November 1,2006.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this dS1\. day of ~_u, 2006.
ATTEST
Dwight E. arock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~A.QjA~ li4:ut k
At u to '0\4Irt14'" peputy Clerk
. i onatiJr. Qfll.,-
By:
~/:::;;Jg-
FRANK HALAS, Chairman
Page 6 of8
This ordinance filed with the
Secr~ary of SjQte's Office th::
~.dayofY~,~
and acknowled9{mlent of thct
~~i 9 received this .i!~ ck'\
- '-~'l>L
Dr,'IH.rt'". C'm'~,
Underlined text is added; Stmel( tllrslIgll text is deleted
APPENDIX A
SCHEDULE NINE:
GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE
Land Use
Residen tial:
Residential
Manufaetured Heme
$119.70
$216.30
Single Family:
Less than 1.500 sq ft
1.500 to 2.499 SQ ft
2.500 SQ ft or more
Multi Family
Mobile Home
Transient, Assisted, Group
HoteVMotel
Nursing Home/ ALF
$199.50
$25&.30
Recreational
Marina
Golf Course
Movie Theater with Matinee
$67.20
$7,333.20
$2,480.10
Institutions
Hospital
Elementary School
Middle School
High School
Junior/Community College
University/College
Church
Day Care Center
$625.80
$48.30
$65.10
$77.70
$79.80
$140.70
$231.00
$184.80
Office and Financial
Office 50,000 sq ft or less
Office 50,001-100,000 sq ft or less
Office 100,001-200,000 sq ft or less
Office 200,001-400,000 sq ft or less
Office Greater than 400,000 sq ft
Medical Office
$806.40
$686.70
$583.80
$497.70
$453.60
$1,014.30
Retail
Specialty Retail
Retail 50,000 sq ft or less
Retail 50,001-100,000 sq ft
Retail 100,001-150,000 sq ft
Retail 150,001-200,000 sq ft
Retail 200,001-400,000 sq ft
Retail 400,001-600,000 sq ft
Rate
$725.00
$807.00
$881.00
$410.00
$583.00
$311.00/Room
$414.00/Bed
$86.00/Berth
$8.391.00/18 Holes
$3.712.00/Screen
$712.00/1,000 sq ft
$26. OO/S tudent
$30.00/Student
$35.00/Student
$26.00/Student
$56.00/Student
$246.00/1 ,000 sq ft
$26.00/Student
$721.00/1,000 sq ft
$557.00/1,000 sq ft
$475.00/1,000 sq ft
$406.00/1,000 sq ft
$345.00/1 ,000 sq ft
$747.00/1,000 sq ft
$1,058.40 $647.00/1,000 sq ft
$1,272.60 $1.239.00/1,000 sq ft
$1,176.00 $1.135.00/1,000 sq ft
$1,291.50.00$1.010.00/1,000 sq ft
$1,197.00 $1.230.00/1,000 sq ft
$1,008.00 $1.079.00/1,000 sq ft
$1,052.10 $1.1 01.00/1 ,000 sq ft
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Page 7 of8
Land Use
Retail (continued)
Retail 600,001-1,000,000 sq ft
Retail greater than 1,000,000 sq ft
Pharmacy/Drug Store w/Drive-Thru
Home Improvement Superstore
Quality Restaurant
High Turnover Restaurant
Fast Food Rest. w/Drive- Thru
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
COfl'lemienoe 8tore/GaslFast Food
.^..uto Repair
Tire Store
NewlUsed Auto Sales
Self Service Car Wash
Bank/Savings: Walk-in
Bank/Savings: Drive-in
Industrial
General Industrial
Business Park
Mini- Warehouse
Rate
$1,039.50 $1.101.00/1,000 sq ft
$892.50 $902.00/1,000 sq ft
$879/90 $812.00/1,000 sq ft
$903.00 $768.00/1,000 sq ft
$2,910.60 $2.922.00/1,000 sq ft
$3,217.20 $3.060.00/1,000 sq ft
$3,412.50 $3.777.00/1,000 sq ft
$741.30 $855.00/Fuel Position
$504.00 $501.00/Bay
$1,167.60 $876.00/1,000 sq ft
$1,906.80 $1.830.00/1,000 sq ft
$1,916.70 $1.878.00/Fuel Position
$2,889.60/1 ,000 sq ft
$1,318.20/1,000 sq ft
$697.20 $673.00/Bay
$846.30 $747.00/1,000 sq ft
$854.70 $8 1 6.00/Bay
$1,178.10 $1.109.00/1,000 sq ft
$1,029.00 $894.00/1,000 sq ft
$394.80
$953.40
$33.60
$298.00/1 ,000 sq ft
$432.00/1 ,000 sq ft
$30.00/1 ,000 sq ft
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Page 8 of8
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2006-40
Which was adopted by the Board of County Commissioners on
the 25th day of July 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of July 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Cois$ioners
~~'~D~llard' ~
Deputy Cler~