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Ordinance 2007-29 \'1-131415'6 Q" ~ ~ ~ ~ 0) ~ Cb . -- ~ " ,- Ill" fIM1 'i> ~ntjm B <', \W ~ ~Oe ~~ 6Z~L1, AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-13, AS AMENDED (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE); AMENDING ARTICLE TWO, IMPACT FEES, SECTION 74-202 PAYMENT AND SECTION 74-203 USE OF FUNDS; AMENDING ARTICLE THREE, SECTION 74-302 SPECIAL REQUIREMENTS FOR ROAD IMPACT FEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2007-..2..L WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, establishing the Collier County Consolidated Impact Fee Ordinance; and WHEREAS, on or about April 23, 2002, the Board of County Commissioners directed county staff to prepare and publicly advertise a hearing on the Board's intent to consider amending the aforementioned ordinance to further clarify the County's policy pertaining to the allocation and utilization of road impact fees in adjacent Collier County Road Impact Fee District(s) for roadway improvements reasonably related to impacts created by an adjacent Impact Fee District(s); and WHEREAS, on February 27, 2007, the Board of County Commissioners approved the following proposed revisions to Ordinance No. 2001-13, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2001-13, as amended, is hereby amended to read as follows: SECTION ONE: Amendment to Article Two, Impact Fees: Section 74-202 Payment and Section 74-203 Use of Funds. Article Two, Sections 74-202 and 74-203, of Collier County Ordinance No. ~m-lg as r-:;.p -.I amended, are hereby amended to read as follows: ~~:::; ~ " >- :-~! ::0 _ <nHi ' r ~ :z.: Ul SECTION 74-202. Payment. ~Tl~;l ::0 m ." ." _'l: (a) Unless deferred or waived by a written agreement with the county as ~part)N 0 AJ~ .. thereto, or unless exempted, the impact fee shall be paid in full as a prerequisit~th~ issuance of a building permit for the development, and no building permit or any other authorization to use the land included in the development shall be issued until each applicable impact fee has been paid in full. Notwithstanding any other provision of this section, staff shall not accept pre-payment (early payment) of impact fees prior to submittal of the related and complete building permit application for the respective development in all cases where issuance of a conventional building permit renders the respective impact fees due and payable. In instances where a conventional building permit is not required (e.g., golf course, park, change of use, etc.), staff shall not accept 1 Underlined Words are added; Struck Through words are deleted. pre-payment (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 pre-payment 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 of the following events, whichever occurs first: (1) The date when the first building permit has been issued for any building or structure accessory to the principle use or structure of the development; or (2) The date when the first building permit is issued for the first non-accessory building or non-accessory structure to be used by any part of the development; or (3) The date when a final development order, final development permit or other final authorization is issued authorizing construction of a parking facility for any portion of the development; or (4) The date when a final development order, final development permit or other final approval is issued for any part of the development in instances where no further building permit is required for that part of the development; or (5) The date when any part of the development opens for business or goes into use. (c) Owners of all golf courses must submit to the county a certified legal description and a certified surveyors sketch (to scale) of the course prepared by a professional engineer before the date the construction of the golf course commences. (d) If the development is located within the unincorporated area of the county, the impact fee shall be paid directly to the county. (e) If the development is located within a municipality, the impact fee shall be paid as follows: (1) If the municipality has entered into a Florida Interlocal Cooperation Act, F.S. 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 eCounty. (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 2 Underlined Words are added; Struck Through words are deleted. county prior to the issuance of a building permit by the municipality or to require additionally the payment of the impact fee as a condition of the issuance of a building permit by the municipality, the impact fees shall be collected as provided in section 74- 202( a) and (b), or, in the event of delinquency in payment, pursuant to section 74-501. (g) The obligation for payment of the impact fees and impact fees paid shall run with the land. Assignment of impact fee credits from one parcel to another parcel of land shall not be permitted except in accordance with the requirements of section 74- 205. (h) In the event a building permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a reduction in the impact fees applicable for the development, or (iv) results in the impact fees being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior payment within the same subject property, the then current owner/applicant may within 90 days of the expiration of, cancellation of, overpayment for, or approved revision to the building permit, apply for a reimbursement of a portion of or the entire impact fee, depending on the basis for the request for reimbursement. All such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective building permit application. Failure to make timely application for a reimbursement of the impact fee shall waive any right to a reimbursement. (1) The application for reimbursement shall be filed with the county manager and shall contain the following: a. The name and address of the applicant; 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, 3 Underlined Words are added; Struck Through words are deleted. 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 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 the Board of County Commissioners. (i) In the event the county or a municipality issues separate building permits for a 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 the building. In the event no agreement is executed for such phased (delayed) 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 permit. G) 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. 4 Underlined Words are added; Struck Through words are deleted. (1) 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 procedurer s] set forth in the Collier County Administrative Procedures Manual for Road Impact Fees. SECTION 74-203. Use of funds. (a) The board hereby establishes or reaffirms the establishment of separate impact fee trust funds for each ofthe public facilities, designated as follows: (1) Road: "Road Impact Fee Trust Fund;"t (2) Water and sewer: "Water Impact Fee and/or Sewer Impact Fee Trust Funds"; The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; (3) Parks and recreational: The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational service paid by development located in municipalities within the county will be deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in the unincorporated areas of the county will be deposited); (4) Library: "Library Impact Fee Trust Fund;"t (5) Emergency medical: "Emergency Medical Services Impact Fees Trust Fund;"t (6) Educational: "Educational Impact Fee Trust Fund;"t (7) Correctional: "Correctional Impact Fee Trust Fund;"t (8) Fire:"Fire Impact Fee Trust Fund;"t (9) General government: "General Government Impact Fee Trust Fund;"t (10) Law Enforcement: "Law Enforcement Impact Fee Trust Fund." Each of these impact fee trust funds shall be maintained separate and apart from each other and from all other funds of the county. Each fund shall account for all collections, revenues and expenditures, and shall be regularly reported to the board of county commISSIOners. The portion of the impact fee allocated to each public facility under sections 74-302 through 74-311, inclusive, shall be deposited into the corresponding impact fee trust fund immediately upon receipt. Each of the foregoing impact fee trust funds shall be further separated or divided based upon benefit districts established pursuant to the respective sections 74-302 through 74-311. No impact fee in any trust account shall be 5 Underlined Words are added; Struck Through words are deleted. loaned to any other impact fee trust account. but may be utilized in adiacent districts as set forth herein. (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 or in that Road Impact Fee District or anyone or more adjacent Road Impact Fee District for which the impact fee was assessed including, but not limited to the following: (1) Design and construction plan preparation; (2) Permitting and fees; (3) Construction and design of public facilities; (4) Land and materials acquisition, including costs of acquisition and condemnation; (5) Right-of-way acquisition, including costs of acquisition and condemnation; (6) For the road impact fee only, construction of new through lanes, new turn lanes, new bridges, bike lanes, sidewalks, street lights, and new traffic signalization. However, impact fee funds shall not be used to fund bike lanes or sidewalks unless they are constructed concurrently as part of a road project that increases capacity. Other capital cost items, including the relocation, but not the upsizing of, water and/or sewer utility facilities, may be included subject to such cost being contemplated in the then-applicable road impact fee study. (7) Design and construction of new drainage facilities required by the construction of public facilities; (8) For water and/or sewer impact fees, relocating the respective utility facilities required by the county and additions to county utility facilities; (9) Landscaping; (10) Construction management and inspection; (11) Surveying, soils and material testing; (12) For the water impact fee only, development of raw water sources and supplies; (13) Acquisition of capital equipment for public facilities; (14) Acquisition of apparatus, equipment or furniture necessary to expand the public facilities; (15) Repayment of monies transferred or borrowed from any budgetary fund of the county, or the school board in the case of educational facilities impact fee, subsequent to the adoption of this chapter, which were used to fund construction, acquisition and/or improvements to public facilities; (16) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness (including certificates of participation in accordance with F.S. SS 230.23 and 235.056, for education facilities impact fees) issued by the county, or the school board in the case of educational facilities impact fee, to fund growth impacted public facilities subsequent to the adoption of this chapter; (17) Reimbursement of excess impact fees due pursuant to section 74-202 or section 74-205; 6 Underlined Words are added; Struck Through words are deleted. (18) Design and construction of public facilities necessitated by the construction ofthe specific facility for which the impact fee was assessed; (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 administrative costs incurred by the county; (20) Administration for the specific public facility for which the funds were collected directly relating to this chapter; and (21) Any other expenditures of the respective impact fees as then allowed by law. (c) Impact fee trust funds shall not be used for any expenditure that would be classified as a maintenance or repair expense, nor shall they be used on improvement projects not included in the county's five-year ClEo (d) The monies deposited into the impact fee trust fund shall be used solely to finance public facilities required by growth as projected in the impact fee studies, the comprehensive plan, or in the county's then current water or sewer master plan provided the project in the respective master plan is consistent with the comprehensive plan. (e) All funds on deposit which are not then immediately necessary for expenditures shall be invested by the county in compound-interest bearing trust fund(s). All income derived from such investments shall be deposited in the specific impact fee trust fund from which the invested funds came. To the extent not prohibited by law, rule, regulation or contract (including bond covenants), interest then accrued in the respective trust fund shall be used to fully fund "not-for-profit" charitable entity impact fees waivers. Accrued interest in one trust fund shall not be loaned to, transferred to, or otherwise be treated to the credit of any other trust fund or any other account. Impact fee waivers granted by the board shall be paid from accrued interest from each trust fund affected by the waivers. In the event the administrator of a respective trust fund is of the opinion that then accrued interest in the respective impact fee trust fund is insufficient to fund the then pending requested waivers, the manager of each such trust fund shall notify the county manager in writing of the factual and legal bases for those opinions. Accrued interest shall be deemed to "be available" to fund these "not-for-profit, charitable entity" waivers unless there then exists an actual legal prohibition whereby that accrued interest cannot legally be used to fund the requested walvers. (f) The impact fee collected pursuant to this chapter (including all predecessor ordinances that are hereby being consolidated into this chapter) shall be returned to the then current owner of the property for which such fee was paid if which fees have not been expanded or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date when the respective impact fee was paid. Refunds shall be made only in accordance with the following procedure: 7 Underlined Words are added; Struck Through words are deleted. (1) The then current owner shall petition the board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the respective impact fee. (2) The petition for refund shall be submitted to the county manager, and shall contain: a. A notarized sworn statement that the petitioner is the then current owner of the property for which the impact fee was paid; b. A copy of the dated receipt issued for payment of such fee or such other record as would clearly indicate payment of such fee; c. A certified copy of the latest recorded deed; and d. A copy of the most recent ad valorem tax bill. (3) Within 90 days from the date of receipt of a complete petition for refund, the county manager will advise the owner of the status of the impact fee requested for refund, and if such impact fee has not been expended or encumbered within its applicable time period, then it shall be returned to the then current owner. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. Such funds may be encumbered by contract, bond, resolution, ordinance, or otherwise. (4) Impact fee monies refunded by the board in accordance with this subsection (e) shall be paid with interest accrued to the principal being refunded but not to exceed the rate of five percent simple interest. Except as provided for in this subsection (e), no interest shall be paid upon the return or refund of impact fees. (g) Failure to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the county shall be entitled to retain and apply the impact fee for growth necessitated capital improvements and additions to the respective public facilities. All refunds not specifically addressed herein or in other sections shall follow the procedure(s) set forth in the Collier County Administrative Procedures Manual for Road Impact Fees. (h) Notwithstanding any other proVISIOns 111 this section or 111 any other county ordinance, the provisions in subsection (D) of section 19, Chapter 88-499, Laws of Florida, a Florida Special Act applicable to the county's water-sewer district, specify the requirements for eligibility for refunds of water and sewer impact fees when the structure on the property is not authorized to connect into the county's respective utility system within ten years of the date of payment of the related impact fees. The administrator of the public utilities division is authorized to grant such refunds without further approval from the board subject to the refund applicant complying with all then applicable refund requirements. (i) Impact fee waivers or deferrals available to charitable organizations and charitable trusts. These impact fees waivers are available only to eligible to not-for-profit, charitable entities as specified herein. The cumulative total of all not-for-profit waivers in each of the county's fiscal years shall not exceed $200,000.00. If the total amount of impact fees waived pursuant to these provisions in a fiscal year is less than $200,000.00 (or is less than the higher total in the funding account for that fiscal year because of prior cash 8 Underlined Words are added; Struck Through words are deleted. carrying-forward) some or all of the sum of money not waived can be carried forward and thereby added to the $200,000.00, to a maximum balance of $500,000.00 funding for the next fiscal year. Neither impact fees collected by the county for educational facilities nor fire impact fees shall be waived under these provisions. (1) Entities eligible for waivers. These waivers are available only to charitable, not- for-profit entities that provide services of substantial benefit to low income or very low income residents of the county at no charge or at reasonable, reduced rates, and no part of the net earnings of the entity shall inure to the benefit of any private shareholder or individual, and the entity complies with at least one of the following: a. The entity is described in subsection 50l(C)(3) of Chapter 26 of the United States Internal Revenue Code as a corporation, a community chest, a fund, or a foundation, organized and operated exclusively for charitable purposes, or for prevention of cruelty to children, and is then exempt from taxes under Section 50l(a) therein; or b. The entity is described in Subsections 50l(C)(4)(A) and (B) of Chapter 26 of the United States Internal Revenue Code as either a Civic League or an organization not organized for profit, is operated exclusively for the promotion of social welfare, and is exempt from taxes under Section 50l(a), therein; or c. The entity is described in Subsection 50l(C)(20) of Chapter 26 of the United States Internal Revenue Code as an organization or trust, the exclusive function of which is to form part of a qualified group legal services plan or plans within the meaning of Section 120 as referenced therein; or d. The entity is a hospital, a cooperative hospital service organization, a medical research organization, or similar organization under any provision within (or referenced) in Section 501 of Chapter 26 of the United States Internal Revenue Code and the entity is exempt from federal income taxation; or e. The entity is then exempt from Florida's annual and nonrecurring intangible taxes pursuant to F.S. S 199.185(4), as a "Charitable Trust" and at least 95 percent of its income is paid to one or more of the above-listed federal tax exempt entities. (2) Amount of waivers available to applicants. Subject to not exceeding the amount of impact fees paid (or to be paid) by the applicant to the county, the applicant may request waivers of all impact fees that are waivable under these provisions, but no applicant shall be granted more than $7,500.00 of not- for-profit waivers. (3) No construction that has obtained an affordable housing deferral under this article shall be eligible for any waiver under these provisions. No construction that has been granted a waiver under these provisions shall be eligible for any county affordable housing deferrals. (4) Applications for waivers pursuant to this section 74-203. 9 Underlined Words are added; Struck Through words are deleted. a. Except as specified in this subparagraph a., the applicant must file a written waiver request application to the county manager not later than concurrently with payment of the respective impact fees. The county shall not accept any such applications after the respective impact fees have been paid to the county except in those instance when the Collier County building permit that authorized the respective waiver eligible development was issued after September 7, 2001 and before October 13,2001 and the development paid the applicable impact fees in full. The applicant can avoid payment of impact fees (up to the maximum amount of impact fees that may possibly be waived for that applicant) only when it is possible that the board may grant the requested waiver before the respective impact fees become due and payable to the county. The application must prove all of the applicable above-specified elements that render the entity eligible for the requested waivers, including the required tax exemptions(s). The county manager may request additional information deemed appropriate to ascertain the applicant's eligibility for the requested waivers, including criteria noted in F.S SS 196.195 and/or 196.196. b. No priority shall be given to any application based on any "first come, first served" basis. The county manager shall review each application to determine eligibility for the requested waivers. Within 30 days after receipt of the application, the county manager should inform the applicant in writing whether the application is complete. If the application is incomplete, the application may be returned to the applicant, specifying in writing why the application fails to prove that the entity is eligible for the requested waivers. After receipt of such notice, the applicant shall have an additional 30 days to re-submit an amended application. Failure to meet this deadline shall void the applicant's eligibility for the requested waivers unless an extension is granted for good cause at the county manager's discretion. c. After an application is determined by the county manager to meet the above specified minimum filing requirements, the county manager shall promptly place the application request on the county's manager portion of the board's agenda. The fiscal year in which the waiver application is granted or denied by the board shall be the fiscal year that applies to the application. The executive summary shall specify the criteria deemed by the county manager to render the applicant eligible (or ineligible) for the requested waivers, and shall include the county manager's recommendations whether the board should grant the request in whole or in part, or should deny the request, along with a proposed resolution that may be adopted by the board that contains specific findings that the applicant is (or is not) eligible for the requested waivers. No resolution shall apply to more than one applicant. Waivers granted shall be final and vested immediately upon adoption of the resolution. (5) Not-for-profit waivers are discretionary and the board's decisions are final. 10 Underlined Words are added; Struck Through words are deleted. (6) The county manager may adopt additional generally applicable procedural rules with regard to application requests provided those rules apply to all similarly situated applicants and do not impose additional mandatory eligibility requirements upon any applicant. (7) No construction that has applied for or obtained Fee Payment Assistance Funding under Chapter 49 of the Collier County Code of Laws and Ordinances shall be eligible for any waiver under these provisions. No construction that has been granted a waiver under these provisions shall be eligible for any county fee payment assistance funding. SECTION TWO: Amendment to Article Three, Section 74-302, Special Requirements for Road Impact Fees. Article Three, Section 74-302, Special Requirements for Road Impact Fees of Collier County Ordinance No. 2001-37, as amended, is hereby amended to read as follows: Sec. 74-302. Special requirements for road impact fee. (a) Short name. This section may be known as "Special Requirements for Road Impact Fee." (b) Purpose. It is hereby ascertained, determined and declared: (1) Both existing development and development necessitated by the growth contemplated in the comprehensive plan will require improvements and additions to the transportation network to accommodate and maintain traffic at the level of service adopted by the county. Future growth, as represented by new development, should contribute to the cost of improvements and additions to the transportation network required to accommodate and traffic generated by such growth as contemplated in the comprehensive plan. (2) The required improvement and additions to the transportation network needed to accommodate existing traffic at the level of service adopted by the county shall be financed by revenue sources of the county other than road impact fee. (3) Implementation of a road impact fee to require future development to contribute the cost of required transportation capital improvements and additions is an integral and vital element of the regulatory plan of growth management incorporated in the comprehensive plan of the county. (4) Future growth as represented by new development requires capacity additions to roads within the state highway system, the county road system and the city street system. The provision of these growth necessitated capacity additions to the state highway system and certain portions of the city street system directly benefits all residents of the county and is interrelated with the provision of growth necessitated improvements to the county road system. In recognition of these findings and the interconnections between the various road systems, it is the intent of the board to impose an impact fee on development occurring within the county and to utilize the proceeds to construct or acquire contemplated improvements and capacity additions to the transportation network. (5) The board expressly finds that improvements and additions to the transportation network provide a benefit to all development within the county in excess of the road impact fee. (6) In recognition that transportation planning is an evolving process, it is the intent of the board that improvements and additions to the transportation network be reviewed and adjusted periodically to insure that road impact fees are imposed equitably and 11 Underlined Words are added; Struck Through words are deleted. lawfully and are utilized effectively based upon actual and anticipated growth needs at the time of their imposition. (7) The county has a responsibility to provide and maintain certain roads in the county in both the unincorporated areas and within incorporated areas of the county. Placing a fair share of the burden of the cost of providing the improvements and additions to the transportation network required by development within incorporated areas constitutes a county purpose. Construction occurring within incorporated areas impacts the county road system and state highway system within the county. In recognition of these findings, it is the intent of the board to impose the road impact fee on all development occurring within the county, including areas within municipal boundaries. (8) The purpose of this section is to require the development within the county to provide for capital improvements and additions to the transportation network which are necessitated by such development. This chapter shall not be construed to permit the collection of road impact fees from development in excess of the amount reasonably anticipated to offset the demand on the transportation network generated by such development. (9) This chapter shall not be construed to permit the expending or encumbering of any monies collected through road impact fees for the construction of improvements or additions to roads which are not contained within the transportation network. (c) Limitation on applicability. See section 74-103. (d) Payment. See section 74-202. (e) Use offunds. (1) The road impact fee shall provide funds only for off-site growth necessitated improvements or addition(s) to transportation network roads within the same road impact fee district where the respective development is located or for arterial or collector roadways of anyone or more adjacent districts. ,^J1 exception is permitted where a growth necessitated improvement or addition(s) thereto is to be constructed to a portion of an arterial road within a single road impact f~e district and the artorial road to be improved extends into one or more other adjacent districts. Road impact fees from each such road impact fee district may be used in the respective adjacent district(s) provided that: a. The improvement to be made in the adjacent district is part of the transportation network that will directly benefit development in the district from which the road impact fees are generated; and b. The expenditure of road impact fees within the respective adjacent road impact fee district is reasonably related proportional to the benefit derived by the district wherein the road impact fees are collected. (2) Prior to the expenditure of road impact fees for a capital improvement or addition located in a road impact fee district other than where the impact fees were derived, a professional engineer shall provide a specific determination of benefit and demonstrate compliance with the requirements of this section for the proposed expenditure. Expenditure of road impact fees in a road impact fee district other than from where the impact fees were derived shall require approval from the board and the board shall support the approval by a specific finding of benefit. (3) Access improvements, including required right-of-way dedications, shall be provided by the applicant in accordance with all other applicable ordinances of the county. (4) Road impact fee district boundaries (where a road right-of-way is used to define road district boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of either district that it bounds). 12 Underlined Words are added; Struck Through words are deleted. a. Road impact fee district number 1 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 1 shall include all areas previously included within district numbers 1 and 2 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in the road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 1 at a rate established under the applicable impact fee land use categories. b. Road impact fee district number 2 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 2 shall include all areas previously included within district numbers 3 and 5 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 2 at a rate established under the applicable impact fee land use categories. c. Road impact fee district number 3 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 3 shall include all areas previously included within district number 4 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 3 at a rate established under the applicable impact fee land use categories. d. Road impact fee district number 4 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 4 shall include all areas previously included within district number 6 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 4 at a rate established under the applicable impact fee land use categories. e. Road impact fee district number 5 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 5 shall include all areas previously included within district number 9 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 5 at a rate established under the applicable impact fee land use categories. f. Road impact fee district number 6 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 6 shall include all areas previously included within district number 8 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 6 at a rate established under the applicable impact fee land use categories. g. Road impact fee district number 7 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 7 13 Underlined Words are added; Struck Through words are deleted. shall include all areas previously included within district number 11 created by Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed upon development located within road impact fee district number 7. h. Road impact fee district number 8 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix. B, attached hereto and incorporated by reference. Road impact fee district number 8 shall include all areas previously included within district numbers 7 and 10 created by Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed upon development located within road impact fee district number 8. (5) The board of county commissioners hereby establishes (or affirms) eight separate trust funds for the road impact fees to be designated as the "District Number 1 Road Impact Fee Trust Fund", "District Number 2 Road Impact Fee Trust Fund", "District Number 3 Road Impact Fee Trust Fund," "District Number 4 Road Impact Fee Trust Fund," "District Number 5 Road Impact Fee Trust Fund," "District Number 6 Road Impact Fee Trust Fund:';- "District Number 7 Road Impact Fee Trust Fund,: and ~District Number 8 Road Impact Fee Trust Fund." (6) The monies deposited into the respective road impact fee trust funds shall be used solely to provide additions and improvement to the transportation network required to accommodate traffic generated by growth. (f) Impact fee rates. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in the road 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. (g) Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the county shall commence a three-year road impact fee update cycle pursuant to subsections 74- 20l(b) and 74-502(a) of this chapter. On or about November 1, of each of the two mid-years between updates, the county shall implement indexed adjustments to the cost components of design, utilities, mitigation, interchange, carrying cost, construction, engineering, inspection and the non-land components of right-of-way acquisition costs based on the Florida Department of Transportation Price Trends Index based on the three-year historical trend, weighted as 25 percent of the index. The index adjustment to the land value component of rights-of-way costs shall be based on the ten-year historical trend in total just values for all property as updated annually by the Collier County Property Appraiser, weighted as 75 percent of the index. The annual increases in the total just values for all property shall be capped at 25 percent for any given year included in the average. Mid-cycle indexed rate change adjustments shall be adopted by a resolution of the board pursuant to subsection 74-210(b) of this chapter. SECTION THREE: 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 portion. SECTION FOUR: 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. 14 Underlined Words are added; Struck Through words are deleted. SECTION FIVE: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 2ih day of February, 2007. r":j r-..' A TTJ;:ST: 1, PWXGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: L,," , 7h~J/: :=":':I~l~ Approved as to form and ]~~"R ,~ Scott R. Teach, Assistant County Attorney .'1., '...-'.. JX S COLETTA, CHAIRMAN This ordinance filed with the Se.E[etory of State's Office the .22:2 day of fYl4rch , 2.lX>1 and acknowledgement/J that f;lin~W:d ~~. day of ~ u. ~ 15 By o.>#cf} Underlined Words are added; Struck Through words are deleted. 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 and correct copy of: ORDINANCE 2007-29 Which was adopted by the Board of County Commissioners on the 27th day of February, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County C~l11mi~s'iqners '. ~~,~,. . By: Martha ve~~ Dep1,l~y Cle:!:,k