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Chapter 74 - Impact Fee Regulations Chapter 74 IMPACT FEE REGULATIONS* Article I. General Secs. 74-1-74-100. Reserved. Sec. 74-101. Short title. Sec. 74-102. Authority. Sec. 74-103. Applicability. Sec. 74-104. Findings. Sec. 74-105. Purpose. Sec. 74-106. Adoption of impact fee studies. Sec. 74-107. Rules of construction. Sec. 74-108. General definitions. Secs. 74-109-74-200. Reserved. Article II. Impact Fees Sec. 74-201. Imposition of impact fees. Sec. 74-202. Payment. Sec. 74-203. Use of funds. Sec. 74-204. Alternative fee calculation. Sec. 74-205. Developer contribution credit. Secs. 74-206-74-300. Reserved. Low Article III. Special Requirements for Specific Types of Impact Fees Sec. 74-301. Overview of special requirements. Sec. 74-302. Special requirements for road impact fee. Sec. 74-303. Special requirements for water impact fee and/or sewer impact fee. Sec. 74-304. Same—Parks and recreation impact fee. Sec. 74-305. Same—Library impact fee. Sec. 74-306. Same—Emergency medical services impact fee. Sec. 74-307. Same—Educational facilities impact fee. Sec. 74-308. Same—Correctional impact fee. Sec. 74-309. Same—Fire impact fee. Sec. 74-310. Same—General government building impact fee. Sec. 74-311. Special requirements for law enforcement impact fee. Secs. 74-312-74-400. Reserved. *Editor's note—Ord. No. 01-13, § 1, adopted March 13, 2001, with an effective date of March 19, 2001, repealed and superceded the following Collier County Ordinances in their entirety:Number 98-69,as amended,the Collier County Regional Water and/or Wastewater Systems Impact Fee Ordinance;Ord.No. 99-39,the Collier County Parks,Ord.No. 88-97,as amended, the Collier County Library System Impact Fee Ordinance;Ord. No. 88-97, and Recreational Facilities Impact Fee Ordinance; Ord. No. 91-71,as amended,the Collier County Emergency Medical Services System Impact Fee Ordinance;Ord. No. 92-22,as amended,the Collier County Road Impact Fee Ordinance;Ord. No. 92-33,as amended,the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ord. No. 99-52, as amended, the Collier County Correctional Facilities Ordinance;and Collier County Ord. No. 98-30,The Isles of Capri and Ochopee Fire Impact Fee Ordinance which comprised this chapter 74. Further,said ordinance set out provisions pertaining to similar subject matter,included as§§74-101-74-108,74-201-74-205, 74-301-74-309, 74-401, 74-402, 74-501-74-504, appendix A and appendix B to read as herein set out. See the Code Comparative Table—Ordinance Disposition. Cross references—Buildings and building regulations,ch. 22;planning,ch. 106. State law reference—Impact fees encouraged,F.S. § 163.3203(3). Supp. No. 86 CD74:1 COLLIER COUNTY CODE Article IV. Affordable Housing Impact Fee Deferral Sec. 74-401. Impact fee deferral. Sec. 74-402. Affordable housing definitions. Secs. 74-403-74-500. Reserved. Article V. Miscellaneous Provisions Sec. 74-501. Collection of impact fees in default. Sec. 74-502. Update requirement. Sec. 74-503. Incorporation of administrative procedures manual. Sec. 74-504. Declaration of exclusion from Administrative Procedures Act. Appendix A Schedule One: Road Impact Fee Rate Schedule Phase 1 Schedule One: Road Impact Fee Rate Schedule Phase 2 Schedule One: Road Impact Fee Rate Schedule Phase 3 Schedule One: Road Impact Fee Rate Schedule Phase 4 Schedule Two: Water and Sewer Impact Fee Rate Schedule Schedule Three: Parks and Recreation Impact Fee Rate Schedule Schedule Four: Correctional Facilities(Jail)Impact Fee Rate Schedule:Phase 1 Schedule Four: Correctional Facilities(Jail)Impact Fee Rate Schedule:Phase 2 Schedule Five: Fire Impact Fee Rate Schedule Schedule Six: Educational Facilities(School)Impact Fee Rate Schedule Schedule Seven: Emergency Medical Services(EMS)Impact Fee Rate Schedule Schedule Eight: Library Impact Fee Rate Schedule Schedule Nine: Government Building Impact Fee Schedule ,Supp. No. 86 CD74:2 IMPACT FEE REGULATIONS Schedule Ten: Law Enforcement Impact Fee Schedule Appendix B. Road Impact Fee District Boundaries Legal Descriptions Supp. No. 86 CD74:3 §74-104 COLLIER COUNTY CODE (9) All improvements and additions to the reasonably determined necessary to offset specified public facilities needed to the demand on the public facilities gener- eliminate any deficiency between the exist- ated by new development. ing level of service of the specified public This chapter is intended to be consistent with facilities and the adopted level of service standards, shall be funded by revenues the principles applied to allocate a fair share of other than impact fees. Therefore, the the cost of new public facilities to new users and revenue derived from the impact fee shall new development as established in Florida be utilized only for capital improvements Statutes or applicable judicial decisions,or both. and additions to the public facilities which (Ord. No. 01-13, § 1, 3 13 O1) are reasonably determined to be caused by the impacts of new development. Sec. 74-106. Adoption of impact fee studies. (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 01-54,§ 1, The board hereby adopts and incorporates by 10-9-01; Ord. No. 04-16, § 4) reference the following studies with regard to the respective public facilities: Sec. 74-105. Purpose. (1) Transportation facilities:"Collier County Transportation Impact Fee Update Study," It is the purpose of this chapter: prepared by Tindale-Oliver and Associ- ates, Incorporated (January 13, 2015); (1) To plan for the necessary capacity expan- sion of the public facilities; (2) Water and wastewater facilities: "Water and Wastewater Impact Fee Study for (2) To provide for the health, safety,welfare Collier County Water-Sewer District" and economic well-being of the residents (dated December 21, 2016) prepared by of, and visitors to, the county consistent Public Resources Management Group, with the mandated responsibility of the Inc; county pursuant to F.S. § 163.3161 et seq., the Florida Local Government (3) Parks and recreational facilities: "Collier Comprehensive Planning and Land County Parks and Recreation Impact Fee Development Regulation Act, and F.S. Update Study," prepared by Tindale § 125.01 et se q•; Oliver(September 25, 2015); (4) Library facilities:"Collier County Library (3) To implement and be consistent with the Facilities and Items/Equipment Impact county comprehensive plan and the Fee Update," prepared by Tindale-Oliver Florida Local Government Comprehensive and Associates,Inc. (September 6,2016); Planning and Land Development Regula- tion Act, F.S. § 163.3161 et seq.; (5) Emergency medical services: "Collier County Emergency Medical Services (4) To require all development that places Impact Fee Update,"prepared by Tindale- additional demand on the public facili- Oliver and Associates,Inc. (September 6, ties to contribute its proportionate share 2016); of the funds, land or public facilities to (6) Educational facilities: "Collier County accommodate any impacts having a School Impact Fee Update Study," rational nexus to the proposed develop- prepared by Tindale-Oliver (June 23, ment and for which the need is reason- 2015); ably attributable to the proposed development; and (7) Correctional facilities: "Collier County Correctional Facilities Impact Fee Update (5) To ensure that no funds, land or public Study," prepared by Tindale-Oliver & facilities are collected from new develop- Associates, Inc. (January 13, 2015, tor- ment in excess of the actual amount rected December 10, 2015); Supp. No. 72 CD74:4 IMPACT FEE REGULATIONS §74-104 ARTICLE I. GENERAL and additions to the specified public facili- ties is an integral and vital element of Secs. 74-1-74-100. Reserved. the regulatory plan of growth manage- ment by the county. Sec. 74-101. Short title. (4) The level of service standards for the This chapter shall be known and may be cited public facilities as adopted in the Collier as the "Collier County Consolidated Impact Fee County Comprehensive Plan, the Water Ordinance" or the "Collier County Impact Fee Master or Wastewater Master Plan, or Regulations". an adopted Impact Fee Study, as may (Ord. No. 01-13, § 1, 3-13-01) hereafter be amended from time to time are controlling upon this chapter and are Sec. 74-102. Authority. incorporated throughout this chapter. The Board has authority to adopt this chapter (5) Capital planning is an evolving process pursuant to its home rule powers under Article and the level of service standards for the VIII, Section 1(f), of the Florida Constitution, public facilities constitutes a projection F.S. ch. 125, F.S. ch. 163, pt. II, subject to all of anticipated need for public facilities, requirements of applicable laws. based upon present knowledge and judg- (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2006-26, ment. Therefore,in recognition of chang- § 1) ing growth patterns and the dynamic nature of population growth, it is the Sec. 74-103. Applicability. intent of the board that the level of service standards for the public facilities This chapter shall apply to the unincorporated and the impact fee imposed should be area of Collier County, Florida, and to all reviewed and adjusted periodically,pursu- Lincorporated areas of the county to the greatest ant to section 74-502 herein, to try to extent authorized by Article VIII, Section 1(f) of insure that the impact fees are imposed the Florida Constitution and as described herein equitably and lawfully and are based or in any intergovernmental or interlocal agree upon actual and anticipated growth at ments. the time of their imposition. (Ord. No. 01-13, § 1, 3-13-01) (6) The imposition of the impact fee is to Sec. 74-104. Findings. provide a source of revenue to fund the construction or improvement of the public It is hereby ascertained, determined and facilities necessitated by growth. declared: (1) The Florida Legislature has adopted (7) The Board finds that the specified public facilities benefit all residents of the county growth management legislation which and, therefore, the impact fee shall be requires local governments to plan for imposed in all areas of the county,includ- and provide for capital infrastructure ing throughout the unincorporated area facilities and services. and also within municipal boundaries to (2) Development necessitates additional the extent specified in this chapter. specified public facilities and such develop (8) This chapter is not intended to, and shall ment must contribute its fair share toward not be construed to,permit the collection the costs of funding improvements and of impact fees from development in excess additions to such specified public facili of the amount reasonably anticipated to ties. offset the reasonably allocated demand (3) Implementation of the impact fee to on each of the specified public facilities require future development to contribute generated by the respective develop- its fair share of the cost of improvements ment. Supp. No. 86 CD74:5 § 74-104 COLLIER COUNTY CODE (9) All improvements and additions to the reasonably determined necessary to offset specified public facilities needed to the demand on the public facilities gener- eliminate any deficiency between the exist- ated by new development. ing level of service of the specified public This chapter is intended to be consistent with facilities and the adopted level of service standards, shall be funded by revenues the principles applied to allocate a fair share of the cost of new public facilities to new users and other than impact fees. Therefore, the revenue derived from the impact fee shall new development as established in Florida be utilized only for capital improvements Statutes or applicable judicial decisions, or both. and additions to the public facilities which (Ord. No. 01-13, § 1, 3 13 O1) are reasonably determined to be caused Sec. 74-106. Adoption of impact fee studies. by the impacts of new development. (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 01-54,§ 1, The board hereby adopts and incorporates by 10-9-01; Ord. No. 04-16, § 4) reference the following studies with regard to the respective public facilities: Sec. 74-105. Purpose. (1) Transportation facilities: "Collier County Road Impact Fee Update Study,"prepared It is the purpose of this chapter: by Tindale-Oliver and Associates, Incorporated (October 14, 2019); (1) To plan for the necessary capacity expan- sion of the public facilities; (2) Water and wastewater facilities: "Water and Wastewater Impact Fee Study for (2) To provide for the health, safety, welfare Collier County Water-Sewer District" and economic well-being of the residents (September 12, 2019)prepared by Public of, and visitors to, the county consistent Resources Management Group, Inc., as with the mandated responsibility of the part of Raftelis; county pursuant to F.S. § 163.3161 et seq., the Florida Local Government (3) Parks and recreational facilities: "Collier Comprehensive Planning and Land County Parks and Recreation Impact Fee Development Regulation Act, and F.S. Update Study," prepared by Tindale § 125.01 et seq.; Oliver (September 25, 2015); (4) Library facilities:"Collier County Library (3) To implement and be consistent with the Facilities and Items/Equipment Impact county comprehensive plan and the Fee Update," prepared by Tindale-Oliver Florida Local Government Comprehensive and Associates,Inc. (September 6,2016); Planning and Land Development Regula- tion Act, F.S. § 163.3161 et seq.; (5) Emergency medical services: "Collier County Emergency Medical Services (4) To require all development that places Impact Fee Update,"prepared by Tindale- additional demand on the public facili- Oliver and Associates,Inc. (September 6, ties to contribute its proportionate share 2016); of the funds, land or public facilities to (6) Educational facilities: "Collier County accommodate any impacts having a School Impact Fee Update Study," rational nexus to the proposed develop- prepared by Tindale-Oliver (June 23, ment and for which the need is reason- 2015); ably attributable to the proposed development; and (7) Correctional facilities: "Collier County Correctional Facilities Impact Fee Update (5) To ensure that no funds, land or public Study," prepared by Tindale-Oliver & facilities are collected from new develop- Associates, Inc. (January 13, 2015, cor- ment in excess of the actual amount rected December 10, 2015); Lio/Supp. No. 86 CD74:6 IMPACT FEE REGULATIONS §74-107 (8) Fire facilities: "Collier County 2010 Fire/ 2010-46, § 1; Ord. No. 2010-47, § 1; Ord. No. Rescue Services Impact Fee Update Study 2011-19, § 1; Ord. No. 2011-35, § 1; Ord. No. -Ochopee and Isles of Capri Fire Control 2015-17, § 1; Ord. No. 2015-59, § 1; Ord. No. and Rescue Districts," prepared by Tin- 2015-60, § 1; Ord. No. 2016-01, § 1; Ord. No. dale-Oliver and Associates, Inc. 2017-13, § 1; Ord. No. 2019-48, § 1) (September 30, 2010); (9) General government facilities: "Collier Sec. 74-107. Rules of construction. County General Government Buildings For the purposes of administration and enforce- Impact Fee Update Study" prepared by ment of this chapter, unless otherwise stated in Tindale-Oliver and Associates, Inc. (July this chapter, the following rules of construction 8, 2016); shall apply: PP y: (10) Law enforcement facilities:"Collier County (1) In case of any difference of meaning or Law Enforcement Impact Fee Update implication between the text of this Study" prepared by Tindale-Oliver and chapter and any caption, illustration, Associates, Inc. (July 8, 2016); summary table, or illustrative table, the (11) Indexing: "Collier County Impact Fee text shall control. Indexing Study", dated June 11, 2007, (2) The word "shall" is always mandatory prepared by Tindale-Oliver and Associ- and not discretionary and the word"may" ates, Inc., in association with Robert W. is always permissive. Burchell,Ph.D., as amended by the "Col- lier County Indexing Methodology Study", (3) Words used in the present tense shall dated March 11, 2009, to be updated include the future; words used in the annually. singular shall include the plural and the plural the singular, unless the context The foregoing studies are hereby adopted in clearly indicates no such intention; and their entirety, as well as any updates or supple- use of the masculine gender shall include ments thereto,including the assumptions,conclu- the feminine gender. sions and findings in such studies and their amendments. In accordance with the Florida (4) The phrase "used for"includes "arranged Impact Fee Act, F.S. § 163.31801: (1) all updates for", "designed for", "maintained for", or or supplements thereto, and any new studies, "occupied for". must be based on the most recent and localized (5) Unless the context clearly indicated the data; and (2) notice of the new or amended contrary,where a regulation involves two impact fee must be provided no less than 90 days or more items, conditions, provisions, or before the effective date of the ordinance or events connected by the conjunction"and", resolution imposing the new or amended impact "or" or "either . . . or", the conjunction fee. shall be interpreted as follows: (Ord. No. 01-13, § 1; Ord. No. 04-16, § 5; Ord. No. 04-21, § 1; Ord. No. 2005-33, § 1; Ord. No. a. "And" means that all the connected 2005-47, § 1; Ord. No. 2005-28, § 4; Ord. No. terms, conditions, provisions or 2005-66, § 1; Ord. No. 2006-09, § 1; Ord. No. events shall apply. 2006 10, § 2; Ord. No. 2006-11, § 1; Ord. No. b. "Or"means that the connected items, 2006-18, § 1; Ord. No. 2006-19, § 1; Ord. No. conditions,provisions or events shall 2006-21, § 1; Ord. No. 2006-25, § 1; Ord. No. apply singly or in any combination. 2006-26, § 2; Ord. No. 2006-40, § 1; Ord. No. 07-57, § 1; Ord. No. 2009-09, § 1; Ord. No. c. "Either . . . or" means that the con- 2009-17, § 1; Ord. No. 2009-24, § 1; Ord. No. nected items, conditions, provisions 2009-57, § 1; Ord. No. 2009-71, § 1; Ord. No. or events shall apply singly but not 2010-38, § 1; Ord. No. 2010-41, § 1; Ord. No. in combination. Supp. No. 86 CD74:7 • §74-107 COLLIER COUNTY CODE d. "And/or"means the referenced items, Accessory building or structure shall mean a conditions,provisions or events may detached,subordinate structure,the use of which apply wholly independently of one is clearly indicated and related to the use of the another, or in combination. principal building or use of the land and which is e. The word "includes" shall not limit located on the same lot as the principal building. a term to the specific example(s)but Plumbing in the accessory building or structure is intended to extend its meaning to may render same to be subject to water and/or all other instances or circumstances sewer impact fees. of like kind or character. Adult only community shall mean a corn- (6) "Person who" means "entity that" if the munity or development,or specific part(s)thereof, person is not an adult individual. in which all residents must be older than 18 (7) Time periods, calculation of: All time years of age as evidenced by permanent age periods throughout this chapter shall be restrictions recorded in the land records of the calculated on a day-by-day basis, includ- county, which restrictions shall run with the ing Saturdays, Sundays and holidays. such geographic areas, an effective planned unit The date of receipt of any "notice" or the development document restricts the occupation/ date of the board's decision shall be residency of the subject property to persons older excluded from the calculation and in the than 18 years of age or the type of licensing event that the controlling due date falls through the State of Florida restricts the occupa- on a Saturday, Sunday or a legal holiday, tion/residency of the subject property to persons the due date shall automatically be older than 18 years of age. extended to 5:00 p.m. of the county's next business day. Affordable housing shall mean a dwelling unit which is offered for sale or rent for an amount (8) In the event of a conflict between the which is within the standards set forth and general definitions section and the adopted established in article IV of this chapter. impact fee rate schedules, the rate schedules shall control. Agriculture shall mean a land use resulting in (Ord. No. 01-13, § 1, 3 13 O1) products that require little or no processing after the production or harvest stage in order to ready Sec. 74-108. General definitions. the product for sale, including but not limited to produce,fruits,trees,shrubs,ornamental plants, When used in this chapter,the following terms shall have the following meanings, unless the honey and nuts. context clearly indicates otherwise. Terms All suites hotel shall mean places of lodging contained in article III or the rate schedules supercede these general definitions to the extent that provide sleeping accommodations, a small of any conflict(s). restaurant and lounge and a small amount of meeting space. Each suite includes a bedroom;a Access improvements shall mean improve- sitting room and/or limited kitchen facilities may ments designed and constructed to provide safe be provided within the suite. and adequate ingress and/or egress to and/or from the respective development,which include, Alteration shall mean any change in size, but are not limited to, rights-of-way, easements, shape, occupancy, character, or use of a building paving of adjacent or connecting roadways, turn or structure. lanes, deceleration and/or acceleration lanes, traffic control devices, signage and markings, Alternative impact fee shall mean any reduc- drainage facilities,and utility facilities. An access tion in impact fee approved by the county manager improvement is a site related improvement. pursuant to section 74-204. LSupp. No. 86 CD74:8 IMPACT FEE REGULATIONS §74-108 Applicant shall mean the person who applies Bar/lounge shall mean a drinking place that for a building permit,development order,develop- contains a bar where alcoholic beverages are ment permit, or other approval, permission or served or consumed, and possibly provides some authorization for development. type of entertainment such as music, television screens, video games, or pool tables. Appraisal shall mean a real estate appraisal prepared in accordance with the "Uniform Bay shall mean a space where a vehicle can be Standards of Professional Appraisal Practice" serviced. (published by the Appraisal Standards Board of the Appraisal Foundation) by an MAI-certified Board shall mean the Board of County Com- appraiser authorized to practice in the State of missioners of Collier County, Florida, including Florida. when acting in an ex-officio capacity. Assisted living facility (ALF) shall mean Boat berth shall mean a wet or dry space to residential facilities that provide housing,personal dock or store vessels. care services, and supportive services to older Building shall mean any tangible thing, with individuals and disabled individuals who are or without walls,constructed on the site,installed unable to live independently. To be eligible to on the site, or placed on the site, to support, live in an ALF,the individual must meet residency shelter or enclose persons and/or support,shelter criteria, which are defined by then existing or enclose tangible property, and the use of the Florida Statutes(s) or regulations(s), or both. "building" is deemed to create demand upon, or Before a facility can be classified as an ALF for increase demand upon, one or more of the speci- purposes of calculating the impact fees applicable fled public facilities. "Building"includes parking thereto, the county administrator must be lots and other foundations,permanent and semi- provided with proof that the facility has then permanent tents, sheds, trailers, mobile homes, acquired (or unconditionally shall be able to and vehicles that shall in any way function as a acquire) all licenses then required by statute(s), building. Except in regard to water and/or sewer regulation(s), or both, to operate the respective impact fees, "building" excludes temporary ALF facility. construction sheds that are to be used temporar- Automated car wash shall mean a use that ily to assist in construction at the site. "Build- allows for the mechanical cleaning of the exterior ing" excludes tents erected for less than approximately 60 days for the temporary selling of vehicles. Manual cleaning and car detailing may also take place at these facilities. of seasonal items such as Christmas trees or Fourth of July fireworks. "Building" includes Average trip length/trip length shall mean the additions to a building, such as adding a new average daily trip length for the applicable trip room, or enlargement of a then existing room. generation land use category on the collector or Building permit shall mean an official docu- arterial road system. ment issued by the county which authorizes the Bank/savings(drive-thru)shall mean drive-in construction or installation of a building on the banks which provide banking facilities for the site, including, but not limited to, by construc- motorist while in a vehicle and may also serve tion or installation occurring on the site and patrons who walk into the building. The drive-in including, but not limited to, an item that is lanes may or may not provide automatic teller complete or substantially complete prior to its machines. being placed on the site, such as a manufactured home or a communications tower that was Bank/savings (walk-in) shall mean free- substantially constructed elsewhere. For purposes standing buildings with their own parking lots of this chapter, "building permit" shall include and which do not have drive-in windows. These tie-down permits for buildings, such as for a banks may or may not contain automatic teller mobile home, or other approvals that do not machines (ATMs). require any other type of permit before the Supp. No. 86 CD74:9 §74-108 COLLIER COUNTY CODE respective item may lawfully be occupied, used Church shall mean an institution that people or operated. 'Building permit" when used in the regularly attend to participate in or hold religious context of the use of land (or water) and in services and other related religious activities. situations where a typical, conventional permit Other religious activities that may be conducted is not issued by the county for the respective by churches or places of religious worship include improvement or use, such as for a golf course, on-site child care for use during religious services, means whatever is the last written approval or and studies involving religious instruction, but permission issued by the county to authorize the shall not include schools,temporary or permanent respective improvement. dwellings, or other activities not directly related to religious practices. Bundled Golf shall mean golf courses built as part of a residential development where the Collier County Water-Sewer District shall mean membership to and use of the golf course is open a political subdivision of the State of Florida, only to the residents. Guests can use the golf whose governing body is ex-officio the Board of course only when playing with a member,who is County Commissioners of Collier County,Florida. a resident. Collier County Water-Sewer District meter size Business park shall mean a group of flex-type shall mean the water meter size as determined or incubator one- or two-story buildings served pursuant to any county ordinance. by a common roadway system. The tenant space is flexible and lends itself to a variety of uses; a Comprehensive plan shall mean the garage door usually serves the rear side of the comprehensive plan of the county adopted and building. Tenants may be start-up companies or amended pursuant to the Local Government small mature companies that require a variety of Comprehensive Planning and Land Develop- spaces. The space may include offices;retail and ment Act as contained in F.S. ch. 163, pt. II, or L./wholesale stores;restaurants;recreational areas; its successor in function. and warehousing,manufacturing,light industrial, or scientific research functions. The average mix Condominium shall mean an ownership unit is 20 to 30 percent office/commercial and 70 to 80 that has at least one other owned unit within the percent industrial/warehousing. same building structure. For the purposes of this chapter and assessment of impact fees, Car dealerships/new and used auto sales shall condominiums will be included under the mean a land use providing for automobile appropriate Multifamily Housing category. mechanical services,automobile body repair,parts and sales. Used car sales, leasing options and Contribution shall mean the actual construc- truck sales and servicing may also be available. tion, installation or improvement of a public facility or portion thereof or addition thereto for Certificate of completion shall mean a certificate the benefit of the county, such as a road or a stating that materials and products meet speci- sewer or water facility. fled standards or that work was done in compli- ance with approved construction documents. A Convenience store shall mean a store open 24 certificate of completion is evidence that the hours per day and which sells convenience foods, structure complies substantially with the plans newspapers, magazines and often beer and wine and specifications that have been submitted to, and does not have gasoline pumps. and approved by, the local authority and allows Convenience store with gas pumps shall mean for use, where occupancy is not needed. convenience store which sells gasoline, Certificate of occupancy shall mean a certificate convenience foods, newspapers, magazines, and providing evidence that the building complies often beer and wine. This land use includes substantially with the plans and specifications convenience markets with gasoline pumps where that have been submitted to, and approved by, the primary business is the selling of convenience the local authority and allows for occupancy. items, not the fueling of motor vehicles. This /Supp. No. 86 CD74:10 IMPACT FEE REGULATIONS §74-108 includes a service station with a convenience Development shall mean any installation,siting, store that sells gasoline and convenience store construction, use of land, or other activity or items, with or without a car wash. improvement, or any additional square footage County shall mean Collier County, a political (area) of a then existing building or use, or any net increase in the size or use of a then-existing subdivision of the State of Florida, and shall building or land, in a manner that is deemed to include any utility district and any other county increase the demand for, or impact upon, any dependent district that now or hereafter assesses public facility. any impact fee. Duplex shall mean a single, free-standing, County attorney shall mean the individual conventional building on a single lot which appointed by the board of county commissioners contains only two dwelling units and is intended, to serve as its counsel, or the designee of such designed, used and occupied as two dwelling attorney. units under single ownership, or where each County manager shall mean the chief dwelling unit is separately owned or leased but administrative officer of the county,appointed by the lot is held under common ownership. For the the board of county commissioners,or the designee purpose of this chapter and assessment of impact of such officer. fees a duplex will be considered under the defini- tion of the Multifamily Housing (Low-Rise) Dance studio/gym shall mean privately owned category. facilities that offer dance, gymnastics, ballet or similar activity classes. Dwelling unit shall mean a building or portion of a building designated for or whose primary Date of value shall mean, for purposes of purpose is for residential occupancy, and which determining a developer contribution credit, the consists of one or more rooms which are arranged, market value of the contribution as of the date of designed or used as living quarters for one or the contribution; date of commencement of more persons. A dwelling unit must contain, as construction; date of land dedication; or, for an integral part therein,sleeping quarters,toilet/ dedications, the day before the development bathing facilities and a primary kitchen. order approval (zoning amendment, site plan approval, PUD approval, or other development Elementary school(private)shall mean a school order approval) wherein the contribution, typically serving students attending kindergarten construction or land dedication was proffered or through the fifth or sixth grade. Elementary required;whichever occurs first. schools are usually centrally located in residential communities in order to facilitate student access, Day care shall mean an establishment which and they have no student drivers. This land use provides for the care,protection,and supervision consists of private schools where bus service is of at least three children for a period of less than usually provided to students living beyond a 24 hours a day on a regular basis,which supple- specified distance from the school. ments parental care, enrichment, and health supervision for the child, in accordance with his Encumbered shall mean monies committed by individual needs,and for which a payment,fee or law, contract or purchase order, or any impact grant is made for care. The facility generally fees pledged for bond repayment, or otherwise includes classrooms, offices, eating areas, and a pledged or committed in a manner that obligates playground. The definition includes such terms the county to expend the encumbered amount as day nurseries, day care service, day care upon delivery of goods, the rendering of services agency, nursery school, or play school. The term or the conveyance of real property provided by a does not include summer camps or family day vendor, supplier, contractor, or owner. care homes. Equivalent residential connection (ERC) shall Dedication shall mean the conveyance or dona- mean, with regard to water and sewer service, tion of land or an interest in land to the county. the equivalent gallonage usage requirements of Supp. No. 86 CD74:11 §74-108 COLLIER COUNTY CODE a single-family residential customer. For the Golf course shall mean the geographic area purposes of this chapter an ERC will have an designed and/or used for playing the game of assigned value of 1.0. The ERC gallonage shall golf, including fairways, greens, tees, and be based upon statistical data accepted by the clubhouse with or without bar and banquet county establishing an average residential use facilities. and it is recognized that the usage for some types of residential units may be greater or smaller Government/public building shall mean a local, than the average assumed for this calculation state and/or federally owned or leased and oper and the ERC may change from time to time ated government facility. based upon the rates calculated in the most Guesthouse or cottage shall mean a dwelling recent impact fee study. unit which might or might not include cooking facilities, which is incorporated, attached to, or External trips shall mean any trip, which detached from a principal dwelling; and which is either has its origins from, or its destination to used exclusively for the noncommercial accom- the development and which impacts the modation of friends or relatives of the occupant transportation network. or the owner of the principal dwelling. The Florida Local Government Development Agree- guesthouse/cottage may only be 40 percent of the ment Act shall mean the provisions of F.S. living area (under air) of the primary dwelling. §§ 613.3220-163.3243, as amended or For the purpose of assessing water and/or sewer supplemented, or its successor in function. impact fees guesthouse or cottage shall be assessed Developer contribution agreements shall not be at multi family rate unless the rate schedule characterized as a development agreement under expressly provides otherwise. this Act. High school shall mean a school which serves Fueling position shall mean the number of students who have completed middle school or vehicles that can be fueled simultaneously at a junior high. service station. High-rise condominium shall mean residential condominiums or townhouses that are located in Functional resident population shall mean the buildings with three or more levels (floors). For number of full-time equivalent people in a the purposes of this chapter and assessment of geographic area or site. Such populations can be impact fees, high-rise condominiums will be measured on a 24-hour basis (24 hours each day, included under the appropriate Multifamily Hous- seven days each week) or on a daytime basis (16 ing category. hours each day,seven days each week). Functional residents allow one to: (a) measure the level of High-Rise Residential with First Floor Com- service on an area-wide basis and/or(b)estimate mercial shall mean development with first-floor demands for facilities generated by a particular commercial that are mixed-use multifamily hous- land use. ing buildings that have more than 10 levels (floors) and include retail space that is open to Furniture store shall mean a full-service retail the public on the first level. facility that specializes in the sale of furniture and often carpeting. Furniture stores are gener- Home improvement superstore shall mean ally large and may include storage areas. freestanding warehouse type facilities with off- street parking. Home improvement superstores General light industrial shall mean facilities generally offer a variety of customer services and that generally employ fewer than 500 persons. centralized cashiering, and they specialize in the They have an emphasis on activities other than sale of home improvement merchandise. They manufacturing and typically have minimal office typically maintain long store hours seven days a space. Typical light industrial activities include week. Examples of items sold in these stores printing, material testing and assembly of data include lumber, tools, paint, lighting, wallpaper processing equipment. and paneling, kitchen and bathroom fixtures, 1/40,Supp. No. 86 CD74:12 IMPACT FEE REGULATIONS §74-108 6.01 lawn equipment, and garden plants and acces- is submitted, or(2)at the time of the issuance of sories. The stores included in this data are often a certificate of occupancy or certificate of comple- the only ones on the site, but they can also be tion for the development, whichever is less. found in mutual operation with a related or unrelated garden center. Home improvement Impact fee study shall mean a report of the superstores are also sometimes found as separate findings of research and analysis conducted to parcels within a retail complex with their own develop fees assessed on new development that dedicated parking. The buildings contained in represent the fair share cost of the expansion of this land use usually range in size from 25,000 to public facility infrastructure made necessary by 150,000 square feet of gross floor area. Building that new development. The report describes the materials and lumber store is a related field. methodology used to develop the fees and presents the formulas, variables and data used as the Hospital shall mean a building or group of basis of the fees. buildings having facilities for overnight care of one or more human patients, providing services Living area shall mean actual square footage to inpatients and medical care to the sick and of the housing unit. Excluded from the calcula- injured, or medical centers which offer primary tion of the square footage are carports, attached and urgent care treatment for all types of injuries garages,and porches that are not protected from and traumas, and which may include as related weather. Both finished and unfinished base- facilities:laboratories,outpatient services,train- ments are to be included. ing facilities, central service facilities, and staff Local Government Comprehensive Planning facilities; provided, however, that any related and Land Development Regulation Act means facility shall be incidental and subordinate to the provisions of F.S. ch. 163, pt. II, (1999), as principal hospital or medical center use and amended or supplemented, or its successor in operation. function. Hotel shall mean a facility offering transient lodging accommodations normally on a daily Luxury auto sales shall mean a dealership rate to the general public and typically providing that sells high-end luxury vehicles such as Lam- accessory uses, such as: restaurants, meeting borghini, Ferrari, Maserati, Lotus, BMW and rooms and recreational facilities. Hotels are Jaguar. Hours of operation may be less than a different than motels in that each room does not typical auto dealership and inventory may be have a separate entry directly from the outside limited. This classification will be determined on of the building but rather entry is gained through a case-by-case basis. the interior of the building through a lobby. For Manufacturing shall mean facilities where the purposes of calculating water and sewer the primary activity is the conversion of raw impact fees,a hotel and resort hotel are considered materials or parts into finished products. to be non-residential uses. Market value shall mean the most probable Impact fee shall mean the fee imposed by the price for which a given property would sell,given county pursuant to section 74-201 or,if applicable, adequate exposure in an open and competitive the alternative impact fee. market, where both buyer and seller were Impact fee rate shall mean the formula or knowledgeable, prudent and acting in their own calculation that when applied to the respective self interests, with neither party being under development determines the applicable impact undue stimulus to act, nor having an affiliation fee that results because of the impacts deemed with one another, where payment is made in by this chapter to be applicable to the respective terms of cash in United States dollars (or in public facility caused by particular development. terms of financial arrangements comparable thereto), and where the price is unaffected by Impact fees are assessed using the rates in special or creative financing or sales concessions effect: (1) when the building permit application granted by any party associated with the sale. Supp. No. 86 CD74:13 § 74-108 COLLIER COUNTY CODE Marina shall mean a non-residential boating accommodations, a flush toilet, a tub or shower facility, chiefly for recreational boating, located and kitchen facilities with plumbing and electri- on navigable water frontage, and providing all or cal connections provided for attachment to outside any combination of the following: boat slips or systems; (b) designed for transportation after dockage, dry boat storage, small boat hauling or fabrication on streets or highways on its own launching facilities, marine fuel and lubricants, wheels;and(c) arriving at the site where it is to marine supplies, bait and fishing equipment, be occupied as a dwelling complete, including restaurants, boat and boat motor sales, and major appliances and furniture, and ready for rentals. Minor boat, rigging and motor repair occupancy except for minor and incidental unpack- which is incidental to the principal marina use is ing and assembly operations,location on jacks or generally permitted, but no boat construction or other temporary or permanent foundations, con- reconstruction is permitted. A boat sales lot is nection to utilities and the like. Although a not a marina. travel trailer,recreational vehicle,or park model is not generally considered a mobile home, the Medical office shall mean office space that applicable impact fee in some instances may be provides diagnoses and outpatient care on a the same as for a mobile home. For the purposes routine basis generally operated by one or more of computing the impact fee, a mobile home on a private physicians or dentists. single-family lot (i.e., not located in a mobile Mid-Rise Residential with First Floor Com home or similar park) shall be considered a mercial shall mean development with first-floor single-family detached house for the purposes of commercial that are mixed-use multifamily hous- Road Impact Fees. ing buildings that have between three and ten Modular home shall mean a dwelling unit, levels (floors) and include retail space on the constructed as a total entity or in parts of a total first level. entity, which is constructed other than on the building site which is then moved to and erected Middle school shall mean a school serving on the building site. A mobile home is not students who have completed elementary school considered a modular home unless its maker's and have not yet entered high school. name appears on the approved listing of such construction in the State of Florida. For the Mine/commercial excavation shall mean a pit or excavation in the earth from which mineral purposes of computing the impact fee, a modular substances, dirt,lime rock, coal,precious stones, home shall be considered a single-family detached geological materials, or other non-renewable house. resources are removed. Motel shall mean a facility offering transient lodging accommodations normally on a daily Mini-warehouse shall mean buildings in which basis and at a daily rate for automobile travelers a number of storage units or vaults are rented and typically providing parking adjacent to each for the storage of goods. Each unit is physically sleeping room. Accessory uses may be provided, separated from other units, and access is usually such as: restaurants, meeting rooms and provided through an overhead door or other recreational facilities. Motels are different than common access point. hotels, in that each motel room has a separate entry directly from the outside of the building Mixed use development shall mean a develop- ment in which more than one impact fee land use while hotel guests gain entry to their room category is contemplated with each category through the interior of the building through a constituting a separate and identifiable enterprise lobby. For the purpose of calculating water and sewer impact fees, a motel is considered a non- not subordinate to, or dependent on, other residential use. enterprises within the development. Movie theater shall mean a building with an Mobile home shall mean a detached dwelling area of audience seating, single or multiple unit with all of the following characteristics: (a) screens and auditoriums, a lobby, and a refresh- designed for occupancy and containing sleeping ment stand. Supp. No. 86 CD74:14 IMPACT FEE REGULATIONS §74-108 Multifamily Housing (High-Rise) shall mean development that are owned and maintained by apartments,townhouses and condominiums that the county,which may be required by the county have more than ten levels (floors). For the and includes on-site roadways that are part of purpose of calculating water and/or sewer impact the five-year capital improvement element or fee, the following shall be considered multiple- dedicated right-of-way in excess of providing family dwelling units: guesthouse, servants' on-site improvements required by local regula- quarters,in-law apartment,townhouse and adult tions, rules or ordinances. congregate living facility. Office shall mean a building or portion of a Multifamily Housing (Low-Rise) shall mean building wherein services are performed involv- apartments, townhouses and condominiums ing predominantly administrative, professional located within the same building with at least or clerical operations. It is a characteristic that three other dwelling units and that have one or retail or wholesale goods are not shown to or two levels(floors). For the purpose of this chapter delivered from the premises to customers. and assessment of impact fees,duplexes will also be considered under this definition. For the On-site transportation improvements shall purpose of calculating water and/or sewer impact mean, for purposes of contribution credit exclu- fee, the following shall be considered multiple- sion, a minimum 60 feet of dedicated right-of- family dwelling units: guesthouse, servants' way and sub-base, base and pavement required quarters,in-law apartment,townhouse and adult for two lanes constructed to local standards in an congregate living facility. urban configuration. Multifamily Housing (Mid-Rise) shall mean Owner shall mean the person(s) who, or that, apartments, townhouses and condominiums owns legal title to the real property upon which located within the same building with at least development is proposed to occur. Owner includes three other dwelling units and have between every co-owner;such as property owned in tenancy three and ten levels (floors). For the purpose of by the entireties, joint-tenancy, tenants in calculating water and/or sewer impact fee, the common, or by more than one trustee. following shall be considered multiple-family dwelling units: guesthouse, servants' quarters, Person shall mean an individual, a corpora in-law apartment, townhouse and adult tion, a partnership, an incorporated association, congregate living facility. trust or any other similar entity. An "individual" means a human being. Net new trip shall mean the average daily external trip,as adjusted by the applicable impact Pharmacy or drug store shall mean retail fee study. facilities that primarily sell prescription and non-prescription drugs. These facilities may also Nonresidential means commercial, motel/ sell cosmetics,toiletries,medications,stationary, hotel, or any other development that does not personal care products, limited food products, qualify as "residential". Nursing homes are and general merchandise. The drug stores in considered to be non-residential unless a rate this category may contain drive-through windows. schedule expressly provides otherwise. Professional engineer shall mean one who is Nursing home shall mean a facility whose licensed by the State of Florida as a professional primary function is to care for persons who are engineer. unable to care for themselves, including rest homes (primarily for the aged) and chronic and Public facilities shall mean the following convalescent homes. publicly-owned facilities and services provided Off-site improvements shall mean improve- by Collier County or pursuant to an interlocal agreement with Collier County: ments located outside of the boundaries of a development, except for those public facilities (1) Transportation systems, facilities and that are located within the boundaries of the services; Supp. No. 86 CD74:15 74-108 COLLIER COUNTY CODE (2) Water and sewer systems, facilities and ally considered a mobile home, the applicable services; impact fee in some instances may be the same as (3) Parks and recreational systems,facilities for a mobile home. and services; Regional sewer systems shall mean the wastewater or sewer utility system directly con- (4) Library systems, facilities and services; nected to treatment facilities operated by the (5) Emergency medical systems,facilities and Collier County Water-Sewer District,or the county, services; or both. For the purposes of this chapter the term sewer and wastewater are interchangeable (6) Educational systems, facilities and and have the same meaning. services; Regional water systems shall mean the potable (7) Correctional systems, facilities and water utility system directly connected to treat- services; ment facilities operated by the Collier County (8) Fire systems, facilities and services; Water-Sewer District, or the county, or both. (9) General government systems, facilities Residential shall mean apartments, and services; and condominiums, duplex dwellings, garden apart- ment dwellings, modular home dwellings, (10) Law enforcement systems, equipment, multiple-family dwellings, townhouse dwellings, and facilities. mobile homes, single-family attached houses, single-family detached houses, adult congregate Public utilities administrator shall mean the living facilities (ACLF), or assisted living facili- individual appointed by the board or the county ties(ALF)as that term is defined in F.S. §400.402, manager to supervise the administration, opera- unless treated otherwise by the adopted rate Ltions and/or acquisitions of the county's regional schedules. sewer system and/or regional water system, the former Goodland Water System,the Collier County Restaurant(fast casual)shall mean a sit-down Water-Sewer District, and/or any other similar restaurant with no wait staff or table service. utility system owned by the county and which Customers typically order from a menu board, now or in the future assesses any utility impact pay for food before the food is prepared and seat fee. themselves. The menu generally contains higher quality made to order foods items with fewer Quick lube shall mean a quick lubrication frozen or processed ingredients than fast food vehicle shop is a business where the primary restaurants. activity is to perform oil change services for vehicles. Other ancillary services provided may Restaurant(fast-food w/drive-thru)shall mean include preventative maintenance, such as fluid a land use including fast-food restaurants with and filter changes. Automobile repair service is drive-through windows. This type of restaurant generally not provided. is characterized by a large carryout clientele; long hours of service (open for breakfast, lunch Recreational vehicle (RV) park shall mean a and dinner, some are open late at night or 24 facility for the siting of recreational vehicles, hours);and high turnover rated for eat-in custom- travel trailers, or park models and which may ers. have common facilities such as recreational rooms, swimming pools and laundry facilities. Restaurant (fast-food w/drive-thru [2 meals]) shall mean a land use including fast-food Recreational vehicle (RV)/travel trailer/park restaurants with drive-through windows. This model shall mean a vehicular,portable structure type of restaurant is characterized by a large built on a chassis, designed to be used as a carryout clientele; long hours of service, but not temporary dwelling. Although travel trailer, open for breakfast, and high turnover rated for recreational vehicle or park model is not gener- eat-in customers. LiSupp. No. 86 CD74:16 LIMPACT FEE REGULATIONS §74-108 Restaurant (high turnover) shall mean a land Shopping center shall mean development use consisting of sit-down eating establishments consisting of eight or more retail businesses or with turnover rates of approximately one hour or service establishments containing a minimum less. This type of restaurant is usually moderately total of 20,000 square feet of floor area. Some of priced and frequently belongs to a restaurant the facilities included as part of a shopping chain. Generally these restaurants serve lunch center may include nonmerchandising facilities, and dinner; they may also be open for breakfast such as movie theaters,restaurants,post offices, and are sometimes open 24 hours a day. Some banks and health clubs. Shopping centers, in facilities contained within this land use may also addition to the integrated unit of shops in one contain a bar for serving food and alcoholic building, often include outparcels. These build- drinks. ings are typically drive-in banks, retail stores or restaurants. A marina,hotel or motel with acces- Restaurant (low-turnover) shall mean a land sory retail shops is not considered a shopping use consisting of eating establishments of high center. quality and with turnover rates usually of at least one hour or longer. Generally, quality Single-family detached house shall mean a restaurants do not serve breakfast; some do not home on an individual lot or parcel of land serve lunch;all serve dinner. Often the restaurants intended, designed, used and/or occupied by no in this land use are not a chain and reservations more than one family. are required. Site related improvements shall include but Retail shall mean one or more establishments not be limited to the construction of the driveway devoted to selling merchandise goods and products connection to a public road, acceleration and to consumers. deceleration lanes,left-turn and right-turn lanes required for site access, signalization, and sig- Retirement home or community shall mean nage and striping. If the construction of an one or more dwelling units consisting of apart- off-site access road is required to provide access ments, condominiums, or a self-contained vil- from an existing paved public roadway to the lage, which is restricted to adults or senior site, those access improvements including the citizens who are self-sufficient. They may also dedication of minimum of a 60-foot right-of-way contain special services such as medical facili- and the configuration shall not be impact fee ties, dining facilities, and some limited, support- creditable. Only that portion above sub-base, ing retail facilities. base and pavement required for two lanes constructed to local standards in an urban and Road impact fee district shall mean one of the beyond as described in on-site transportation eight districts located within the county which improvements, in excess of local regulations are described in section 74-302 of this chapter. shall be eligible for impact fee credits. School shall mean a facility that provides a Small medical office shall mean medical offices curriculum of elementary or secondary academic with 10,000 square feet or less that are occupied instruction (kindergartens, elementary, junior by medical doctors. high schools and high schools)that meets academic standards as provided by the State of Florida. A Square footage shall mean the gross area public school is one operated by any governmental measured in feet from the exterior faces or organization for the benefit of the general public. exterior walls or other exterior boundaries of the All other schools are private or commercial building including mezzanines, corridors and schools. lobbies within the principal outside faces of the exterior walls,not including architectural setbacks Self-service car wash shall mean a land use or projections. For the calculation of road impact that allows the manual cleaning of vehicles by fees, square footage excludes areas within the providing stalls for the driver to park and wash interior of the building which are utilized for the vehicle. parking. Lisi Supp. No. 86 CD74:17 § 74-108 COLLIER COUNTY CODE State highway system shall mean those facili- Trip generation land use category shall mean ties in the county as defined by F.S. §334.03(21), the trip generation land use category established or its statutory successor in function. in the trip generation report published by the Institute of Transportation Engineers and the Supermarket shall mean a departmentalized current edition on the effective date of this self-service retail market, which primarily sells chapter [March 19, 2001], to be superceded by food items, but also may sell household items, the most current edition of the effective date of personal items and other merchandise. A any revisions to the relevant impact fee study. supermarket is to be distinguished from a grocery store on the basis of scale, being usually 20,000 Trip generation or trip generator rate shall square feet or larger in size, and the broader mix mean the average daily trip generation rates for of goods and services. the applicable trip generation land use category, as adjusted by the relevant impact fee study. Timeshare shall be considered under the defini University/junior college (private) shall mean tion of "All-suites hotel" for the purpose of this chapter and the assessment of impact fees. private two-year junior, community and techni- cal colleges as well as private four-year universi- Tire store shall mean a land use primarily ties and private colleges that may or may not involved in the business of sales and marketing offer graduate programs. of tires for automotive vehicles. Services offered Vehicle miles of travel (VMT) shall mean the by these stores usually include tire installation average new travel added to the road system by and repair, as well as other automotive the development, computed by multiplying the maintenance or repair services and customer new net trips generated by development by the assistance. These stores generally do not contain average trip length. large storage or warehouse areas. Warehouse shall mean facilities that are primar- LTownhouse shall mean a group of three or ily devoted to the storage of materials. They may more dwelling units attached to each other by a also include office and maintenance areas. Retail common wall or roof wherein each unit has use may not exceed 20 percent of the building or direct exterior access and no unit is located facility. above another, and each unit is completely (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 01-54,§2, separated from any other(s) by a rated firewall 10-9-01; Ord. No. 01-63, § 1, 11-13-01; Ord. No. or a fire and sound-resistant enclosed separation 04-16, § 6; Ord. No. 2005-28, § 5; Ord. No. or space, and wherein each dwelling unit may or 2005-47, § 2; Ord. No. 2009-09, § 2; Ord. No. may not be on a separate lot under separate 2009-71, § 2; Ord. No. 2011-19, § 2; Ord. No. ownership. For the purposes of this chapter and 2013-63, § 1; Ord. No. 2014-04, § 1; Ord. No. assessment of impact fees, a townhouse will be 2015-17, § 2; Ord. No. 2019-48, § 2) included under the appropriate Multifamily Hous- ing category. Secs. 74-109-74-200. Reserved. Transportation network shall mean the follow- ing: (1) the county road system, excluding all ARTICLE II. IMPACT FEES local roads;(2) all facilities on the state highway system located within the county; and (3) all Sec. 74-201. Imposition of impact fees. collector roads within the city street system, provided that the improvement of such roads:(a) (a) General requirements. All development will directly benefit arterial or collector roads within the unincorporated areas and within the within the county, and (b) is first subject to boundaries of all municipalities in the county approval by the county. shall pay all assessed impact fees unless such impact fees, in whole or in part, have been Trip shall mean one-way movement of vehicular exempted, waived, or deferred pursuant to this traffic from an origin to a destination. chapter. The impact fee shall be assessed based Supp. No. 86 CD74:18 IMPACT FEE REGULATIONS §74-201 on a calculation of the impact of the proposed higher impact fee land use category; or (5) development on the respective public facilities. otherwise create additional demand or additional The amount of the impact fee to be assessed for impacts on any of the public facilities. The each type of public facility shall be as specified in impact fee imposed under the applicable impact sections 74-302 through 74-311(section 74-302— fee rate shall be calculated as follows: Special requirements for road impact fee;section 74-303--Special requirements for water impact (1) If the impact fee is calculated based on fee and/or sewer impact fee; section 74-304— land use and not square footage, such as Special requirements for parks and recreational a golf course, the impact fee imposed facilities impact fee; section 704-305—Special shall be the impact fee due under the requirements for library facilities impact fee; applicable impact fee rate for the impact fee land use category resulting from the section 74-306—Special requirements for emergency medical services impact fee; section alteration, expansion or replacement 74-307—Special requirements for educational minus the impact fee that would be facilities impact fee; section 74-308—Special imposed under the applicable impact fee requirements for correctional facilities impact rate for the impact fee land use category fee; section 74-309—Special requirements for immediately prior to the new alteration, fire facilities impact fee;section 74-310—Special expansion or replacement. requirements for general government impact (2) In the event only the square footage of a fee; and section 74-311—Special requirements use or building is increased, the impact for law enforcement impact fee). fee shall be calculated only for the net (b) Impact fee rates. The board hereby adopts increased square footage. the impact fee rates incorporated by reference in (3) The impact fee imposed for any accessory sections 74-302 through 74-311, inclusive, and buildings shall be that applicable under as set forth in Schedules 1 through 10,inclusive, the impact fee rate for the land use for appended hereto as Appendix A, which shall be the primary building unless the acces- imposed upon all development occurring within sory building has its own impact fee rate. the county. These impact fee rates may be changed from time-to-time by board resolutions (4) If proposed changes to a lawfully existing or by Collier County Ordinances provided, in building or then permitted use are deemed every instance, the board advertises notice of a to create any additional impact on one or scheduled public hearing in a newspaper of more public facilities,then the impact fee general circulation in Collier County with regard that will be due and payable to the to the then-proposed impact fee schedule amend- county for such proposed changes will be ments. determined by the net increase in demand on those public facilities any lawfully (c) Change of size or use. Impact fees shall be existing building or land use that is imposed and calculated for net increase, altera- expanded, replaced, or changed shall be tion, expansion, or replacement of a use or a required to pay impact fees based on the building, or part of a building (including dwell- new or net additional demand placed ing unit), and each accessory or non-accessory upon one or more public facilities by building, provided such net increase, alteration, applying the then applicable impact fee expansion, or replacement of the use, building, rate schedule. Therefore,impact fees will or part thereof or therein, by applying this be assessed only for the net increase in chapter results in: (1) a net increase in the square footage, number of unit(s), number of dwelling units; (2) a net increase in intensification of land use, or any other the size or square footage of a building;(3) a net change resulting in increased available increase in the size of the use; or(4) intensifica- capacity. The burden of verifying the tion of the use so as to constitute an expansion of previous lawful land use,units and square the same use category or result in a change to a footage, as applicable, shall be on the Supp. No. 86 CD74:18.1 §74-201 COLLIER COUNTY CODE applicant. Any proposed changes under (2) New building(s) or addition to a build- this section which would result in lower ing(s)or an accessory building or structure net impacts upon one or more public that will not create additional net demand facilities are not entitled to a downward upon the public facility for which the adjustment, off-set, or credit against any exemption is sought over and above the previously paid impact fees. then existing development impacts deemed to be created by the then lawful (5) Impact Fee Program for Existing Corn- existing building(s), structures or uses. mercial Redevelopment. Proposed develop- ments which meet the criteria set forth (3) Construction or expansion of publicly below shall not be assessed additional owned residential housing; however this impact fees related to changes of use exemption shall not apply to the applicable within the existing buildings. impact fees for water and/or sewer public facilities, or for the applicable impact a. Development is proposed within a fees for educational public facilities. lawfully existing building which has had a Certificate of Occupancy issued (4) Lots, pads, sites, foundations or spaces for a single mobile home, recreational for at least 3 years. Impact fees for the existing building must have been vehicle, travel trailer, or park model, paid the then applicable impact fees when the applicable impact fee has been at time of construction; and previously paid, or if the then existing development was not subject to the impact b. Proposed development is solely fee because the county's original applicable within the existing building and impact fee ordinance had not then become does not include the addition of any effective. ` new square footage. (5) An "adults only community" shall be c. Demolition and reconstruction exempt from the educational facilities projects are not eligible for this impact fee only if: (i) evidence of program. permanent age restrictions,which require all residents of the adults only com- d. For the purposes of water and munity to be older than 18 years of age, wastewater impact fees,projects that are recorded in the land records of Col- require an existing meter to be Tier County and run with the specified upsized are not eligible for this geographic area;(ii) an effective planned program. unit development document restricts the occupation/residency of the subject (d) Exemptions. The following development or property to persons older than 18 years change in use shall be exempted from paying additional impact fees: of age;or(iii)the type of licensing through the State of Florida restricts the occupa- (1) Alteration, expansion or replacement of tion/residency of the subject property to a building, structure, dwelling unit, or persons older than 18 years of age. use provided the respective alteration, (6) Development for which the respective expansion or replacement: (1) will not impact fee is then expressly prohibited create any additional net increase in the by Florida law, rule or regulation, or by size or square footage of the respective federal law, rule or regulation. development,including number of dwell- ing units; (2) will not result in a net (7) Exemptions from road impact fees for increase of the intensity of use(s); or (3) specified airport leases. will not otherwise create any additional a. Placement of buildings upon the net demand of the respective public facil- leasehold by or through the leasing ity. subtenant or tenant within the then- Supp. No. 86 CD74:18.2 IMPACT FEE REGULATIONS §74-201 1/41.1 existing boundaries of a county- schedule in effect at the time of the owned airport are eligible for change which caused the exemption to no exemptions from road impact fees longer apply. provided the airport leasing agree- ment was executed prior to March (e) Reserved. 13, 2001, and the lease, when executed, expressly provided that the county or the airport authority, not later than 29 years subsequent to the initial effective date of the leasing agreement,at no expense to the county or airport authority, will automatically acquire title to the respective buildings, or if the board or airport authority decides not to acquire title to such buildings, the subtenant(or tenant),at no expense to the county or the airport author- ity,shall promptly remove such build- ings and restore the leased (or subleased) premises to the physical conditions that existed as of the commencement date of the respec- tive leasing agreement. Eligibility for these exemptions shall be vested 1/41.01 retroactively to the date of the original execution of the lease. b. These exemptions are to be granted by the county manager subject to an application for the requested exemp- tion being submitted to the county manager,which shall include a copy of the associated airport lease and a description of the associated airport leasehold development. Each such request must be submitted to the county manager not later than the date of the application to the county for the associated building permit(s) unless a time extension is granted by the county manager for good cause. (8) In the event that a development for which an exemption was previously applied changes use, ownership, or other circumstances occur whereby the previ- ously granted exemption no longer applies, impact fees shall be paid based on the existing land use and impact fee rate Supp. No. 86 CD74:18.3 IMPACT FEE REGULATIONS §74-201 (f) Fund reimbursement. Every county ap- terprise Zone, which is United States proved deferral of a water or sewer impact fee Census Tracts numbers 112.04, 112.05, requires complete reimbursement and deposit of 113 and 114(the Immokalee Census Tract). the entire amount deferred into the applicable Such provisions will automatically sunset water or sewer trust fund(s)within 30 days of the three years from the effective date of the deferral or waiver agreement being signed on amendment establishing these provisions behalf of the county, except for deferrals of ten unless otherwise officially extended by years for multi-family affordable housing rental the Collier County Board of County Cora- units. However, deferrals of ten years for multi- missioners. family affordable housing rental units must not adversely impact the cash flow or liquidity of the (2) This deferral program will be funded by water and/or sewer impact fee trust fund accounts budgeted and appropriated funds from and thereby frustrate or interfere with the then- general revenue, subject to the availabil- planned or then-ongoing growth-necessitated cap- ity of funding, and from a portion of the ital improvements and additions to such water tax increment revenue generated by ad and/or sewer systems. Such an adverse impact valorem property taxes associated to the may be determined by the public utilities division qualifying development. All re-payments administrator whenever either of the two trust to satisfy liens, as well as any applicable fund's individual reserve balances is in jeopardy interest accrued due to default from the of approaching(or actually has reached)less than program, shall be paid back to general a total of $600,000.00 of unappropriated and revenue and the community redevelop- unencumbered funds. If the public utilities divi- ment area trust fund, as applicable to sion administrator determines that the unappro- each qualifying development. priated and unencumbered funds in either of these accounts is then in jeopardy of approaching (3) As used in this subsection, (g) of section 1.1 a level of less than $600,000.00, then the total 74-201, qualifying development, means an owner-occupied dwelling unit and its number of such multi-family affordable housing associated lot or land."Sale"includes each rental units that may be approved in any such and every voluntary and/or involuntary fiscal year (including the fiscal year when the sale of any part of the fee title to any part public utilities division administrator makes such of the real property that is subject to the a"funds in jeopardy"determination)for deferrals respective deferred impact fees (as de (i.e.,for ten years)shall not exceed 225 units.This scribed in the agreement). "Transfer" in unit number limitation will continue so long as a cludes each and every transfer,voluntary determination of "jeopardy" exists, except that any of the 225 units not approved by an agree- or involuntary(including transfer by court ment in any fiscal year where funds are in "jeop- ardy" may be accumulated and rolled-over from or administrative body, and including one fiscal year to the next fiscal year until such whether the transferee is a government or time as the "jeopardy" determination ends. The agency of a government, excepting only number of multi-family rental deferrals granted the following: Transfer of fee title of the in a fiscal year where funds are in"jeopardy"may property from one original tenant by the exceed 225 units,but only if an alternate funding entireties to the other original tenant by the entireties; transfer of any part of the source for the deferral is secured. fee title between (or among) the original (g) Immokalee Enterprise Zone Deferral Area. joint tenants, or between or among the original tenants in common. "Refinanc- (1) Pursuant to the provisions set forth in ing" includes any extension of the pay- this subsection the county shall defer the ment term or any increase in the amount payment of impact fees for all owner- financed, of any original mortgage(s) or occupied dwelling units within the geo- other financing document that has as se- graphic boundaries of the Immokalee En- curity for the payment obligation any fee l Supp.No.58 CD74:19 §74-201 COLLIER COUNTY CODE Lie title to the real property that is subject to e. Proof of qualifying income level,which the deferred impact fees. "Original"refers is less than or equal to $100,000.00 to the parties to the relevant document on annual household income from all the effective date of the applicable impact sources; and fee deferral agreement. Notwithstanding f. Payment of a non-refundable appli- anything in this subsection (g) of section cation filing fee in the amount of 74-201, the county manager may waive $300.00. the triggering of the obligation to pay deferred impact fees due to a sale, a (5) If the proposed qualifying development transfer or refinancing if,in the judgment meets the requirements for a deferral, as of the county manager, the respective listed above, the county manager may sale, transfer or refinancing is of such a enter into an impact fee deferral agree- nature as not to justify that the deferred ment with the owner. impact fees should become due and pay- able because of the sale, transfer, or refi- (6) The impact fee deferral agreement shall nancing. stand in lieu of payment of impact fees pursuant to section 74-202 of this article, (4) Any person seeking an impact fee deferral which impact fees would otherwise be due for a proposed owner—Occupied dwelling and payable as a prerequisite to the issu- unit,wholly within the Immokalee Enter- ance of the building permit(s) for that prise Zone, shall file an application for development but for the deferral agree- deferral with the county manager prior to ment. The deferral agreement must con- receiving a certificate of occupancy (CO) tain the following provisions: for any such proposed Development. The a. The name and address of the prop- application for deferral must contain the erty owner; and kospoi following: b. The correct legal description of the a. The name and address of the prop- affected property, which is the prop- erty owner; and erty that will be subject to lien and b. A current and complete legal descrip- be subject to foreclosure; and tion of the site upon which the qual- c. That such payment shall be without ifying development is proposed to be interest only if the agreement has located; and not been breached by the non-county party thereto at any time in the c. The qualifying development will be deferral period, but shall be subject owner-occupied and the homestead to interest retroactively to the effec- of the applicant; and tive date of the agreement if the d. A notarized affidavit affirming that agreement is breached by the non the maximum sale price of the pro county party thereto; and posed qualifying development will d. That the deferred impact fees shall not exceed $254,250.00. Should the be due and payable, and shall be maximum home sales price exceed paid to the county upon the first $254,250.00 for the qualifying new occurrence of any of the following: construction, the applicant may be when any part of the affected real subject to the collection provisions property is sold,or is transferred, or provided for in article V, section 74- is refinanced, and in any such event 501, including delinquency fees and the deferred impact fees shall be interest dating back to the effective paid in full to the county not later date of the deferral agreement; and then the closing of the sale, or not Supp.No.58 CD74:20 IMPACT FEE REGULATIONS § 74-201 later than the effective date of the sary documentation evidencing transfer, or before the refinancing satisfactory completion of the agree- becomes final; and ment, and any such lien shall e. That such impact fees shall terminate upon the recording of a automatically become a lien on the release or full satisfaction of lien in affected property (the property the public records of Collier County. described in the legal description Such release shall be recorded upon noted above), and shall be due and payment in full of the impact fees; payable(and may be foreclosed upon and by the county) if and when there is j. The agreement shall be binding upon any breach of the agreement by the the property owner's, its successors non-county party thereto; and and assigns; and f. That the qualifying development k. That the agreement shall be recorded must remain owner-occupied and in the official records of Collier homesteaded and any change in the County and the agreement shall not status of the occupation or loss of be effective until it is so recorded. homestead will constitute a breach 1. That if the noncounty party is in a in the agreement and impact fees non-curable default under the agree- will be considered to be in default ment, or if the default is curable and immediately due and payable, and the curable default is not cured including any applicable interest,in in full within 30 days after written accordance with this section and notice to do so provided to the owner the collection provisions set forth by by the county, the board may bring section 74-501 of this chapter; and a civil action to enforce the deferral �•- g. That the recorded agreement shall agreement and that the board shall serve as an obligation to pay the be entitled to recover all fees and deferred impact fees that runs with costs, including attorney's fees and the affected property and that such expenses incurred by the county in obligation shall terminate upon the enforcing the agreement,plus inter county recording in the public records est, at the then maximum statutory rate for of Collier County a release or full final judgments, calculated satisfaction of the lien, and that on a calendar day basis until paid in release or satisfaction will be full. In the event that interest should recorded by the county upon pay- begin to accrue because the non ment to the county in full of all of county party breaches the agree the deferred impact fees; and ment, such interest shall accrue retroactively back to the commence- h. That neither the deferred impact ment date of the respective impact fees nor the agreement providing fee deferral agreement. for the deferral of impact fees shall be transferred, assigned, credited, (7) Prior to the issuance of a certificate of encumbered, or conveyed from the occupancy for a qualifying dwelling unit property, and that the deferral of the applicant must also provide a copy of impact fees and the agreement shall the executed sales contract to the county run with the land; and manager demonstrating a qualifying sales price. A copy of the closing statement i. That upon satisfactory completion demonstrating a qualifying sales price of all requirements of the agree- will be provided to the county manager ment by the noncounty party thereto, within ten days of the closing of the sale the county shall record all neces- of each qualifying dwelling unit. `' Supp. No. 73 CD74:21 §74-201 COLLIER COUNTY CODE (8) Applicants entering into any other impact Collier County or provide a notarized fee deferral programs will not be eligible affidavit to the county administrator or for deferral of impact fees through the designee that they intend to participate provisions set forth by subsection (g). in the program which must include the (9) The county's interest in the impact fees following: will automatically be subordinated to the a. Name of project, legal description owner's first mortgage and/or any govern- and number assigned by Collier ment funded affordable housing loan such County to the development order; as a SAIL or HOME loan. b. Name of feepayer and owner; (h) Impact Fee Installment Payment Pilot c. Statement of intent that the owner Program. is current on property taxes on the (1) The purpose of this Program is to establish subject property and any other real an impact fee installment payment pilot property owned in Collier County,is program which is intended to provide the not in bankruptcy, and that the Board of County Commissioners of Col- subject property is not in foreclosure. Tier County,Florida,with the opportunity (4) The form of the agreement shall be to study whether the payment changes approved by the Board, and the agree- set forth below result in lower initial ment shall at a minimum provide: costs in housing and greater economic development. a. An acknowledgement by the fee- payer that the subject property is (2) As an alternative to paying impact fees specially benefited by the improve- in full as a prerequisite to the issuance of ments to the property and the install- a certificate of occupancy or certificate of ment payments shall be special completion for the development, a fee- assessments levied as non-ad payer may exercise the privilege of paying valorem assessments against the impact fees in installments rather than subject property pursuant to the in a lump sum at the time of issuance of Uniform Assessment Collection Act. the certificate of occupancy by entering For the purposes of this section, the into an impact fee installment payment term "Uniform Assessment Collec- program agreement with Collier County tion Act"shall mean F.S. §§ 197.3632 (hereinafter the"agreement")required in and 197.3635, as amended. this section. The county administrator or designee is hereby authorized to prepare b. The term of the agreement and the and execute the agreement on behalf of interest rate to be charged, which the County. terms shall be set by the Board of County Commissioners. In the event (3) Pursuant to Subsection 74-302(h) of the a feepayer enters into the agree- Collier County Code of Laws and ment after the deadline to place the Ordinances, a certificate of public facility assessment on the feepayer's upcom- adequacy (COA) shall be issued concur- ing tax bill for that year,the assess- rent with the approval of the next to ment will be placed on the feepayer's occur final local development order. In tax bill for the following year but order to obtain a certificate of adequate shall accrue interest from the effec- public facilities concurrently with the tive date of the agreement. issuance of the final site development c. Such other terms as deemed plan or plat, the feepayer and owner (if appropriate by the County Attorney. different than the feepayer) shall first enter into an approved impact fee install- (5) Each agreement shall be a covenant that ment payment program agreement with runs with the land and shall be recorded Supp. No. 73 CD74:22 IMPACT FEE REGULATIONS § 74-202 as a lien by county in the public records (10) As an alternative method to the repay- of Collier County, Florida, at the expense ment of impact fees by special assess- of the feepayer and shall be signed and ments under this section, the county notarized by the feepayer and owner (if administrator or designee may elect to different than the feepayer). lien the feepayer's property to secure repayment of impact fees paid under this (6) Any person seeking an agreement shall section and is authorized to take any file with the county manager an applica- necessary action, including the develop- tion and the agreement shall be fully ment of any rules, procedures, agree- executed and recorded prior to issuance ments and forms to effectuate this method, of a temporary or final certificate of at the same term and interest rate as set occupancy or payment of impact fees. by the Board of County Commissioners. (7) Prior to May 1 of each fiscal year, the (11) To prevent unintended consequence, the feepayer of a parcel assessed hereunder Board will annually review this Pilot shall have the right to pay the outstand- Program, with staff preparing regular ing and unpaid balance(s) owed without updated reports that any Commissioner a prepayment penalty. can review. (8) Pursuant to the Uniform Assessment (12) Prior to the third anniversary of this Collection Act, non ad-valorem assess- ordinance, the County Manager shall ments levied pursuant to this section prepare and present a report to the Board shall remain liens, coequal with the lien of County Commissioners detailing what of all state,county,district and municipal effect, if any, this program has had on taxes, superior in dignity to all other housing costs and economic develop- liens, titles and claims, until paid. ment, with a recommendation to the �- (9) For purposes of this subsection the fol Board of County Commissioners on lowing conditions shall apply: whether to amend,expand,or discontinue this pilot program. a. A feepayer must be the legal owner (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 01-54,§3, of the property, or designated agent 10-9-01; Ord. No. 02-34, § 1, 6-25-02; Ord. No. of the owner, and shall provide writ- 03-25, § 1, 5-27-03; Ord. No. 03-32, § 2, 6-24-03; ten and notarized proof of authoriza- Ord. No. 2003-63, § 1, 11-8-03; Ord. No. 04-16, tion from the owner when requesting § 7;Ord. No. 2005-08, § 1;Ord. No. 2005-28, § 6; to pay impact fees under this subsec- Ord. No. 2005-38, § 1; Ord. No. 2005-40, §§ 1, 2; tion; and Ord. No. 2006-09, § 2; Ord. No. 2006-26, § 3; Ord. No. 2009-09, § 3; Ord. No. 2009-14, § 1; b. The feepayer and/or owner must be Ord. No. 2010-22, § 1; Ord. No. 2013 63, § 2; current on property taxes on the Ord. No. 2015-17, § 3; Ord. No. 2017-13, § 3; subject property and any other real Ord. No. 2017-34, § 1) property owned in Collier County by feepayer and/or owner; and Sec. 74-202. Payment. c. The feepayer and/or owner cannot be in bankruptcy nor can the (a) Unless deferred or waived by a written property be an asset in any agreement with the county as a party thereto, or bankruptcy proceeding; and unless exempted, within the unincorporated county, the impact fee shall be paid in full as a d. The subject property cannot be in prerequisite to the issuance of a certificate of foreclosure and cannot have any occupancy or certificate of completion for the federal income tax lien, judgment development, and no building permit or any lien or similar liens encumbering other authorization to use the land included in the property. the development shall be issued a certificate of Supp. No. 73 CD74:22.1 §74-202 COLLIER COUNTY CODE occupancy or a certificate of completion until (5) The date when any part of the develop- each applicable impact fee has been paid in full. ment opens for business or goes into use. Notwithstanding any other provision of this section, staff shall not accept prepayment (early (c) Owners of all golf courses must submit to payment)of impact fees prior to submittal of the the county a certified legal description and a related and complete building permit application certified surveyors sketch(to scale)of the course for the respective development. In instances prepared by a professional engineer before the where a conventional building permit is not date the construction of the golf course com required (e.g., golf course, park, change of use, mences. etc.), staff shall not accept prepayment (early (d) If the development is located within the payment) of impact fees prior to the (whichever unincorporated area of the county,the impact fee occurs first) event that renders such impact fees shall be paid directly to the county. due and payable. Payment of estimated impact (e) If the development is located within a fees prerequisite to issuance of a certificate of municipality, the impact fee shall be paid as public facility adequacy (COA) is not prohibited follows: prepayment,and prepayment of estimated impact fees shall not grandfather such estimated impact (1) If the municipality has entered into a fees against impact fee increases, if any, that Florida Interlocal Cooperation Act, F.S. occur subsequent to such prepayment but before § 163.01 agreement with the county that the respective estimated impact fees are quanti- provides for the collection of the impact fled and become finally due and payable. fee, such impact fees shall be paid and collected in accordance with the provi- (b) If a conventional building permit for the sions of the agreement. development is not required (e.g., golf course, nark,change of use,etc.),then an applicant shall (2) If the municipality has not entered into a day the impact fee prior to the occurrence of any Florida Local Government Development AL_ of the following events, whichever occurs Agreement with the county providing for first: the collection of the impact fee, such impact fees shall be paid directly to the (1) The date when the first certificate of county. The time that such impact fees occupancy has been issued for any build- become due and payable shall be the ing or structure accessory to the principle same as if the development were in use or structure of the development; or unincorporated Collier County. (2) The date when the first certificate of (f) If the development is located within a occupancy is issued for the first nonac- municipality and the governing body of the cessory building or nonaccessory structure municipality has not agreed to require proof of to be used by any part of the develop- payment of the impact fee to the county prior to ment; or the issuance of a certificate of occupancy or certificate of completion by the municipality or (3) The date when a final development order, to require additionally the payment of the impact final development permit or other final fee as a condition of the final approval of a authorization is issued authorizing building permit by the municipality, the impact construction of a parking facility for any fees shall be collected as provided in subsections portion of the development; or 74-202(a) and(b), or,in the event of delinquency (4) The date when a final development order, in payment, pursuant to section 74-501. 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 Supp. No. 73 CD74:22.2 IMPACT FEE REGULATIONS §74-202 (g) The obligation for payment of the impact the maximum processing fee will not fees and impact fees paid shall run with the land. exceed $500.00. Reimbursement re- Assignment of impact fee credits from one parcel quests which are determined to arise to another parcel of land shall not be permitted from either an incorrect application except in accordance with the requirements of of the rate schedule or a calculation section 74-205. error by county staff will not be (h) In the event a building permit: (i) expires required to pay the"impact fee reim- prior to commencement of any part of the Bevel- bursement processing fee"; opment for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after g If the request is due to a revision to the building permit, a copy of the payment of impact fees and the permit's revision approved revision including original results in a reduction in the impact fees applica and revised square footage, number ble for the development, or (iv) results in the impact fees being overpaid due to an incorrect of units,date of approval of the revi application of the rate schedule, calculation er sion, and an explanation of the na- ror(s), or prior payment within the same subject ture of the revision (change of size, property,the then-current owner may,within four use, etc.); years of payment, apply for a reimbursement of a h. If the request is due to an overpay portion of or the entire impact fee, depending on ment, receipts from previous pay the basis for the request for reimbursement. All such requests for reimbursement shall be calcu ments, corresponding building per lated by applying the impact fee rate schedule mit numbers, and evidence of the that was in effect on the date of the respective current square footage (area) and building permit application.Failure to make timely uses of existing structures must be application for a reimbursement of the impact fee included in the application. shall waive any right to a reimbursement. (2) After verifying that the building permit (1) The application for reimbursement shall has expired or was cancelled before the be filed with the county manager and development had commenced or was re- shall contain the following: vised and thereby required a reduction in a. The name and address of the owner; the impact fee assessed for the develop- b. The location of the property upon ment, the county manager shall forward which the respective development the request for reimbursement of the im- was authorized by the respective pact fee to the appropriate division staff building permit; for further processing as set forth below. c. The date the impact fee was paid; (3) If a building permit is subsequently ap- d. A copy of the receipt of payment for proved for a development on the same the impact fee; property, which was previously approved for a reimbursement, then the impact fee e. The date the building permit was in effect at that time must be paid. issued and the date of expiration, cancellation or approval of the revi- (4) After verifying all information relating to sion, as applicable; the request for reimbursement,staff shall f. Payment of a non-refundable "im- forward the request to the applicable di- pact fee reimbursement processing vision administrator for approval. The fee" equal to two percent of the total division administrator shall approve or impact fees requested to be reim- deny the request and forward all ap- bursed, except that the minimum proved requests to the clerk of the circuit processing fee shall be $25.00 and court's finance department for processing. Supp.No.54 CD74:23 §74-202 COLLIER COUNTY CODE (5) All reimbursement requests totaling (into which the portion of the impact fee $25,000.00 or more, cannot be approved allocated to parks and recreational ser- administratively and must be submitted vices paid by development located in mu- to board of county commissioners. nicipalities within the county will be de- (i) The impact fee shall be paid in addition to posited), and a second entitled all other fees, charges and assessments due for "Unincorporated Park Impact Fee Trust the building permit. Fund" (into which the portion of the im- pact fee allocated to parks and recre- (j) In the event a development is a mixed use ational services paid by development lo- development, the county manager shall calculate cated in the unincorporated areas of the each impact fee based upon each separate impact county will be deposited); fee land use category included in the proposed mixed use development as set forth in the appli- (4) Library:"Library Impact Fee Trust Fund"; cable rate schedule. (5) Emergency medical: "Emergency Medical (k) In the event a development involves a land Services Impact Fee Trust Fund"; use not contemplated under the impact fee land use categories set forth in the rate schedules in (6) Correctional: "Correctional Impact Fee appendix A, the county manager shall calculate Trust Fund"; the appropriate impact fees utilizing the method- ologies contained in the impact fees adopted by (7) Fire: "Fire Impact Fee Trust Fund"; section 74-106. The county manager shall utilize as standards in his determination the impact fee (8) General government: "General Govern- rate calculation variables applicable to the most ment Impact Fee Trust Fund"; similar land use categories in the applicable im- pact fee rate schedules. (9) Law Enforcement: "Law Enforcement Im- (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 01-54, § 5, pact Fee Trust Fund". 10-9-01; Ord. No. 02-44, § 1, 7-31-02; Ord. No. 03-32,§ 1,6-24-03;Ord.No.2006-43,§ 1;Ord.No. Each of these impact fee trust funds shall be 2007-29, § 1; Ord. No. 2009-09, § 4; Ord. No. maintained separate and apart from each other 2013-63, § 3; Ord. No. 2014-04, § 2) and from all other funds of the county. Each fund shall account for all collections, revenues and Sec. 74-203. Use of funds. expenditures, and shall be regularly reported to the board of county commissioners.The portion of (a) The board hereby establishes or reaffirms the impact fee allocated to each p public facility the establishment of separate impact fee trust under sections 74-302 through 74-311, inclusive, funds for each of the public facilities, designated shall be deposited into the corresponding impact as follows: fee trust fund immediately upon receipt. Each of (1) Road: "Road Impact Fee Trust Fund"; the foregoing impact fee trust funds shall be further separated or divided based upon benefit (2) Water and sewer:"Water Impact Fee and/or districts established pursuant to the respective Sewer Impact Fee Trust Funds": The sections 74-302 through 74-311. No impact fee in county hereby establishes or reaffirms the any trust account shall be loaned to any other establishment of two separate trust funds, impact fee trust account, but may be utilized in one entitled"Water Impact Fee Trust Fund" adjacent districts as set forth herein. for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; (b) The funds deposited into each impact fee (3) Parks and recreational:The county hereby trust fund shall be used solely for the purpose of establishes or reaffirms the establishment providing growth necessitated improvements and of two separate trust funds, one entitled additions to the specific public facility or in that "Regional Park Impact Fee Trust Fund" road impact fee district or any one or more adja- Supp.No.54 CD74:24 Loi IMPACT FEE REGULATIONS §74-203 cent road impact fee district for which the impact (15) Repayment of monies transferred or bor- fee was assessed including, but not limited to the rowed from any budgetary fund of the following: county, or the school board in the case of (1) Design and construction plan prepara educational facilities impact fee, subse- tion; quent to the adoption of this chapter, which were used to fund construction, (2) Permitting and fees; acquisition and/or improvements to pub- (3) Construction and design of public facili- ties; (16) Payment of principal and interest, neces- (4) Land and materials acquisition,including sary reserves and costs of issuance under costs of acquisition and condemnation; any bonds or other indebtedness (includ- (5) Right-of-way acquisition, including costs ing certificates of participation in actor of acquisition and condemnation; dance with F.S.§§230.23 and 235.056,for educational facilities impact fees) issued (6) For the road impact fee only, construction by the county, or the school board in the of new through lanes, new turn lanes, case of educational facilities impact fee,to new bridges,bike lanes,sidewalks, street fund growth impacted public facilities sub- lights,and new traffic signalization.How- sequent to the adoption of this chapter; ever,impact fee funds shall not be used to fund bike lanes or sidewalks unless they (17) Reimbursement of excess impact fees due are constructed concurrently as part of a pursuant to section 74-202 or section 74- road project that increases capacity.Other 205; capital cost items, including the reloca- tion,but not the upsizing of,water and/or (18) Design and construction of public facili- sewer utility facilities, may be included ties necessitated by the construction of subject to such cost being contemplated in the specific public facility for which the the then-applicable road impact fee study. impact fee was assessed; (7) Design and construction of new drainage (19) To the extent provided by law,reimburse- facilities required by the construction of ment or refund of costs incurred by the public facilities; county, or the school board in the case of (8) For water and/or sewer impact fees, relo educational facilities impact fee, in the Gating the respective utility facilities re preparation of this chapter, of any update quired by the county and additions to to the impact fee studies adopted pursu ant to section 74-106, and any amend- county utility facilities; ments or supplements adopted pursuant (9) Landscaping; to section 74-502 and any other actual (10) Construction management and inspec administrative costs incurred by the tion; county; (11) Surveying, soils and material testing; (20) Administration for the specific public fa- cility for which the funds were collected (12) For the water impact fee only, develop- directly relating to this chapter; and ment of raw water sources and supplies; (13) Acquisition of capital equipment for pub- (21) Any other expenditures of the respective lit facilities; impact fees as then allowed by law. (14) Acquisition of apparatus, equipment or (c) Impact fee trust funds shall not be used for furniture necessary to expand the public any expenditure that would be classified as a facilities; maintenance or repair expense. Supp.No.54 CD74:25 kaPof §74-203 COLLIER COUNTY CODE (d) The monies deposited into the impact fee applicable time period, then it shall be trust fund shall be used solely to finance public returned to the then current owner. For facilities required by growth as projected in the the purposes of this section,fees collected impact fee studies,the comprehensive plan, or in shall be deemed to be spent or encum- the county's then current water or sewer master bered on the basis of the first fee in shall plan provided the project in the respective master be the first fee out. Such funds may be plan is consistent with the comprehensive plan. encumbered by contract,bond,resolution, (e) All funds on deposit which are not then ordinance, or otherwise. immediately necessary for expenditures shall be invested by the county in compound-interest bear- (4) Impact fee monies refunded by the board ing trust fund(s). in accordance with this subsection(f)shall be paid with interest accrued to the prin- (f) The impact fee collected pursuant to this cipal being refunded but not to exceed the chapter(including all predecessor ordinances that rate of five percent simple interest. Ex- are hereby being consolidated into this chapter) cept as provided for in this subsection(f), shall be returned to the then current owner of the no interest shall be paid upon the return property for which such fee was paid if which fees or refund of impact fees. have not been expended or encumbered prior to the end of the fiscal year immediately following (g) Failure to file a timely petition for a refund the sixth anniversary of the date when the respec- upon becoming eligible to do so shall be deemed to tive impact fee was paid. Refunds shall be made have waived any claim for a refund, and the only in accordance with the following procedure: county shall be entitled to retain and apply the (1) The then current owner shall petition the impact fee for growth necessitated capital improve- board for the refund prior to the end of the ments and additions to the respective public fa- fiscal year immediately following the tenth cilities. anniversary of the date of the payment of the respective impact fee. (h) Notwithstanding any other provisions in (2) The petition for refund shall be submitted this section or in any other county ordinance, the to the county manager, and shall contain: provisions in subsection(D)of section 19,Chapter 88-499, Laws of Florida, a Florida Special Act a. A notarized sworn statement that applicable to the county's water-sewer district, the petitioner is the then current specify the requirements for eligibility for refunds owner of the property for which the of water and sewer impact fees when the struc- impact fee was paid; ture on the property is not authorized to connect b. A copy of the dated receipt issued for into the county's respective utility system within payment of such fee or such other ten years of the date of payment of the related record as would clearly indicate pay- impact fees. The administrator of the public util- ment of such fee; ities division is authorized to grant such refunds c. A certified copy of the latest recorded without further approval from the board subject deed; and to the refund applicant complying with all then applicable refund requirements. d. A copy of the most recent ad valorem tax bill. (i) Impact fee deferrals available to charitable (3) Within 90 days from the date of receipt of organizations and charitable trusts.These impact a complete petition for refund,the county fees deferrals are available only to eligible not-for- manager will advise the owner of the profit, charitable entities as specified herein. The status of the impact fee requested for cumulative total of all not-for-profit deferrals in refund, and if such impact fee has not each of the county's fiscal years shall not exceed been expended or encumbered within its $200,000.00. Impact fees collected by the county Supp.No.54 CD74:26 IMPACT FEE REGULATIONS §74-203 for water, wastewater, educational facilities and instances when the Collier County fire impact fees shall not be deferred under these building permit that authorized the provisions. respective eligible development was (1) Entities eligible for deferrals. These defer- issued after September 7, 2001 and rals are available only to charitable, not before October 13, 2001 and the de for-profit entities that provide services of velopment paid the applicable in- substantial benefit to low-income or very pact fees in full. The applicant can low-income residents of the county at no avoid payment of impact fees (up to charge or at reasonable, reduced rates, the maximum amount of impact fees and no part of the net earnings of the that may possibly be deferred for entity shall inure to the benefit of any that applicant) only when it is pos private shareholder or individual, with sible that the board may grant the proof of the entity's not-for-profit status requested deferral before the respec and eligibility established to the county's tive impact fees become due and sole satisfaction. Deferrals are available payable to the county. The written only to entities that solely provide ser- request must prove all of the appli vices to citizens of the United States, or cable above specified elements that legal aliens that permanently reside in render the entity eligible for the re the United States. Proof of such must be quested deferrals, including the re established to the county's sole satisfac quired tax exemption(s). The county tion. manager may request additional in- formation deemed appropriate to as- (2) Amount of deferrals available to appli- certain the applicant's eligibility for ( cants. Subject to not exceeding the amount the requested deferrals,including cri- of�•/ impact fees paid (or to be paid) by the teria noted in F.S. §§ 196.195 and/or applicant to the county,the applicant may 196.196. request deferrals of all impact fees that are eligible for deferral under these pro- b. The county manager shall review visions,but no applicant shall be granted each written request to determine more than $100,000.00 of not-for-profit eligibility for the requested defer- deferrals. rals. Within 30 days after receipt of the request,the county manager shall (3) No construction that has obtained an af- inform the applicant in writing fordable housing deferral under this arti- whether the request is complete. If cle shall be eligible for any deferral under the request is incomplete, the appli- these provisions. No construction that has cant,shall be notified in writing why been granted a deferral under these pro- the written request fails to prove visions shall be eligible for any county that the entity is eligible for the affordable housing deferrals. requested deferrals. After receipt of (4) Requests for deferrals pursuant to this such notice,the applicant shall have section 74-203. an additional 30 days to re-submit an amended request.Failure to meet a. Except as specified in this subpara- this deadline shall void the appli- graph a., the applicant must file a cant's eligibility for the requested written request for deferral to the deferrals unless an extension is county manager not later than con- granted for good cause at the county currently with payment of the respec- manager's discretion. tive impact fees. The county shall not accept any such requests after c. After a written request is deter- the respective impact fees have been mined by the county manager to paid to the county except in those meet the above-specified minimum Supp.No.54 CD74:27 §74-203 COLLIER COUNTY CODE filing requirements,the county man- with the county. At the conclusion of the ager shall promptly place the re- deferral period the subject impact fees for quest on the county's manager por- the then-current use are due and payable tion of the board's agenda.The fiscal and upon payment in full of the impact year in which the deferral is granted fees the lien will then be satisfied. or denied by the board shall be the (6) The county manager may adopt addi- fiscal year that applies to the re tional generally applicable procedural rules quest. The executive summary shall with regard to requests provided those specify the criteria deemed by the rules apply to all similarly situated appli- county manager to render the appli- cants and do not impose additional man- cant eligible (or ineligible) for the datory eligibility requirements upon any requested deferrals, and shall in- clude the county manager's recom- applicant. mendations whether the board should (7) No construction that has applied for or grant the request in whole or in part, obtained fee payment assistance funding or should deny the request, along under chapter 49 of the Collier County with a proposed agreement that may Code of Laws and Ordinances shall be be executed by the board. No agree- eligible for any deferral under these pro- ment shall apply to more than one visions. No construction that has been applicant. The agreement shall be granted a deferral under these provisions prepared by the county attorney's shall be eligible for any county fee pay- office consistent with this chapter. ment assistance funding. (5) Not-for-profit deferrals are discretionary (Ord. No. 01-13, § 1; Ord. No. 01-54, §§ 4, 6-8; i and the board's decisions are final.Impact Ord. No. 01-63, § 2; Ord. No. 02-06, § 1; Ord. No. u fee deferrals granted under this program 04-16, § 8; Ord. No. 2005-28, § 7; Ord. No. 2005- will be secured as a lien on the subject 31, § 1; Ord. No. 2005-40, § 3; Ord. No. 2006-26, property for the term of the deferral. The § 4; Ord. No. 2006-40, § 2; Ord. No. 2007-29, § 1; term of the deferral shall in all events be Ord. No. 07-57, § 2; Ord. No. 08-23, § 1; Ord. No. due and payable not later than ten years 08-31, § 1; Ord. No. 2009-09, § 5; Ord. No. 2010- after the execution of the impact fee 22, § 2; Ord. No. 2013-63, § 4) de- ferral agreement by the county, unless Sec. 74-204. Alternative fee calculation. otherwise extended by the board of county commissioners. Such fees shall be accel- (a) The impact fee may be determined by an erated and automatically be due and pay- alternative fee calculation of the fiscal impact of able prior to that time period if there is the development on the public facilities if: any breach of the subject impact fee de- ferral agreement by the noncounty party. (1) Any person commencing a development In the event that an entity that is the which increases demand on any public recipient of an impact fee deferral during facility chooses to have the impact fee for the term of the deferral is required,due to that public facility determined by the al a new state or federal mandate,to provide ternative fee calculation and pays to the services to persons that are not legally county in full the impact fee calculated residing in the United States, the entity pursuant to the applicable impact fee rate will notify the county manager in writing schedule and a non-refundable alterna- of the new requirement within 30 days of tive fee calculation review fee of$2,500.00 the effective date of such change, how- or any other review fee amount then es ever, having to provide such services pur- suant to a new state or federal mandate resolution; and shall not be deemed a violation of this (2) The applicant believes that the nature, section or breach of any lien agreement timing or location of the proposed devel- L Supp.No.54 CD74:28 1/4140, IMPACT FEE REGULATIONS §74-204 opment makes it likely to generate im- manager concurs with the proposed approach,the pacts costing less than the amount of the applicant will be notified to proceed with the impact fee generated by application of alternative fee calculation.If the county manager section 74-201 and the impact fee rate disagrees with the proposed approach,the county calculations in sections 74-302 through manager shall identify the problem areas for the 74-309, as applicable for the public facili- applicant to incorporate and address in its ties at issue; and resubmittal to the county. The applicant shall be (3) The applicant commences the alternative required to receive approval from the county fee calculation process by requesting in manager prior to proceeding with the alternative writing to the county manager, and at- fee calculation. If the county manager has not tends with the county manager,the preap- approved the applicant's proposed approach after plication meeting described in subsection one resubmittal, the applicant may request a 74-204(b) within 90 days of the issuance decision from the county manager whereupon the of a certificate of occupancy or certificate county manager shall either approve, approve of completion for the development; and with conditions, or deny the proposed approach. (4) The applicant submits to the county man- ager a completed alternative fee calcula- (d) The alternative fee calculation shall be tion study as described in this section undertaken through the submission of an impact within 12 months of the issuance of the analysis for the public facilities at issue, which certificate of occupancy or certificate of shall be based on data,information, methodology completion for the development. Prior to and assumptions contained in this chapter and/or expiration of the foregoing 12-month pe- the impact fee studies incorporated herein, or an riod,the applicant may request in writing independent source, including local studies for to the county manager up to a six-month alternative impact fee calculations performed by extension of time to submit the completed others within the immediately preceding three alternative fee calculation study. Such ex- years, provided that the independent source is a tension request may be granted by the local study supported by a data base adequate for county manager for good cause shown for the conclusions contained in such study per- extending the time period in which the formed pursuant to a methodology generally ac- study is to be completed.Other extensions cepted by professionals in the field of expertise for of time timely requested by the applicant the public facilities at issue and based upon in writing may be granted. standard sources of information relating to facil- ities planning, cost analysis and demographics (b) Prior to commencing the alternative fee and generally accepted by professionals in the calculation, the applicant shall arrange and at field of expertise for the public facilities at issue. tend a pre application meeting with the county Technical details of approach, methodology, pro- manager to discuss the requirements,procedures cedures and other matters relating to the alter and methodology of the alternative fee calcula- native fee calculation may be addressed in an tion. The pre application meeting will normally administrative procedures manual developed by cover the following topics: (1) proposed previous the county manager and approved by resolution of studies; (2) credits; (3) proposed study sites; (4) the board. study data elements; (5) proposed data collection methodology; and (6)report format. (e) The alternative fee calculation shall be (c) Subsequent to the pre-application meeting, submitted by the applicant for the proposed de- the applicant shall submit three copies of the velopment and shall be prepared and certified as proposed approach to the alternative fee calcula- accurate by persons accepted by the county as tion to the county manager. The county manager qualified professionals in the field of expertise for shall have 30 county working days to respond in the public facilities at issue, and shall be submit- writing to the proposed approach. If the county ted to the county manager. Supp.No.54 CD74:29 §74-204 COLLIER COUNTY CODE (f) Within 30 county working days of receipt of construction or land dedication conveyed to, ac- an alternative fee calculation, the county man- cepted and received by the county for that same ager shall determine if it is complete. If the type of public facility. The county may grant a county manager determines the application is not credit against the impact fee imposed against a complete,he shall send a written statement spec- development pursuant to section 74-201, for the ifying the deficiencies to the person submitting construction, installation or contribution of any the application at the address set forth in the public facilities, or improvements and additions application. The county manager will not be re- thereto, or land dedication related thereto, re- quired to take any further action on the alterna- quired pursuant to a development order for the tive fee calculation until all specified deficiencies development, or not required by such develop- have been corrected. ment order. Such construction, contribution or (g) After the county manager determines that land dedication shall be subject to the approval of the alternative fee calculation is complete, he the county manager and the board as described shall notify the applicant of its completion within herein and shall be an integral part of, and a ten days, and he shall,within 30 county working necessary accommodation to, existing or contem- days,complete a review of the data,analysis, and plated public facilities. Anything to the contrary conclusions asserted in the alternative fee calcu- notwithstanding, a contribution or dedication re- lation.If this review is not completed within these lated to a specific type of public facility shall be time frames, and if requested by the applicant, available as a credit only against the impact fee the item will be scheduled for the next available for the same type of public facility and there shall board meeting. be no intermingling or cross-over of credits from (h) If the county manager determines that in one type of public facility to another type of public the alternative fee calculation the county's cost to facility. accommodate the proposed development is statis- tically significantly different than the impact fee (b) A credit granted against the applicable established pursuant to section 74-201 and the impact fee for certain dedications of land or for applicable sections 74-302 through 74-309, the the contributions of off site improvements to the amount of the impact fee shall be reduced to a transportation network,contributions of construc- dollar amount consistent with the amount deter- tion or installation of regional water and/or re- mined by the alternative fee calculation, subject gional sewer systems, buildings, facilities and/or to the board's approval. improvements and/or additions thereto, made to (i) In the event the applicant disagrees with a the regional water and sewer systems,or for other decision of the county manager that effectively authorized contributions or dedications for other results in a denial of the alternative fee calcula- public facilities authorized in this chapter,whether tion, the applicant may file a written appeal required to be made pursuant to a development petition with the board not later than 30 days order by the county or not, shall be subject to the after receipt of notice of such a decision by the following standards: county manager. In reviewing the decision, the board shall use the standards established herein. (1) The dedicated land shall be an integral The appeal petition must advise the board of all part of, and a necessary accommodation issues and shall explain the precise basis the to,contemplated off site improvements to applicant asserts that the decision(s)of the county the adopted needs plan transportation manager is/are alleged to be incorrect. network, or the county's regional water (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2014-04, and regional sewer systems needs,whether § 3) on-site or off-site, or the county's other public facility needs,as determined by the Sec. 74-205. Developer contribution credit. county; (a) A person may apply for a credit against any impact fee owed pursuant to section 74-201 for a (2) The road off-site improvements to be con- specific type of public facility for any contribution, tributed shall be an integral part of,and a Supp.No.54 CD74:30 IMPACT FEE REGULATIONS §74-205 necessary accommodation to,the adopted appropriate. However, in no event shall cost feasible plan for the transportation any upward adjustment in the credit network; amount as set forth in the developer con- (3) Except as provided in subsections 74- tribution agreement between the owner 205(b)(1) and (b)(2), no other dedications and the county exceed 15 percent above of land, contributions of off-site improve the initial certified estimate of costs for ments, contributions of construction or contributions as provided by the profes- installation of improvements shall be en- sional engineer or architect, as appropri- titled to developer contribution credit from ate. Upon adjustment of the value of the the impact fee; developer's contribution, the contribution credit shall be adjusted accordingly; (4) All dedicated land for road right-of-way shall be conveyed in fee to the county by (7) Until the contribution credit is finally statutory warranty deed. Other convey- adjusted upon completion of construction, ances to the county, including right-of- no more than 75 percent of the initial way or easements required by the county estimate of costs for contributions to the shall be conveyed to the county pursuant regional water and/or sewer systems iden- to ordinances, resolutions, guidelines or tified in the contribution agreement shall regulations then in effect and in form of be actually applied or used in the calcula- conveyance acceptable to the county attor- tions of available credit against water ney; and/or sewer systems impact fees; (5) The credit for a dedication of land shall (8) No credit whatsoever for lands, ease- not exceed the fair market value of the ments,construction or infrastructure oth- erwise dedication as based upon a written erwise required to be built or transferred appraisal by a qualified and professional to the county by law, ordinance or any appraiser acceptable to the county, based other rule or regulation shall be consid- upon comparable sales of similar property ered or included in the determination of between unrelated parties in a bargaining transaction as of the date of the contribu- value of any developer's contribution; tion;the date of the commencement of the (9) All construction cost estimates shall be construction; the date of the land dedica based upon, and all construction plans, tion;or for dedications,the day before the specifications and conveyances shall be in date of the issuance of the development conformity with, the construction stan- order approval (zoning amendment, site dards and procedures of the county as plan approval, PUD approval, or other development order approval)wherein the then adopted by ordinance.All plans and contribution, construction or land dedica- specifications must be approved by the tion was proffered or required;whichever county manager, transportation adminis- occurs first; trator, public utilities administrator or appropriate division or department admin- (6) In the case of contributions of construe- istrator,and other appropriate governmen- tion or installation of improvements, the tal entity prior to commencement of con- value of the proposed contribution shall struction.A determination of the amount be adjusted upon completion of the con- of credit or reimbursement shall be made struction to reflect the actual costs of prior to consideration by the board; construction or installation of improve- ments contributed by the developer. The (10) No credit for a particular type of public actual cost of construction for the contri- facility shall exceed the impact fee for bution shall be based upon costs certified that type of public facility for the pro- by a professional engineer or architect,as posed development imposed by this chap- Supp.No.54 CD74:31 L §74-205 COLLIER COUNTY CODE ter, unless a credit (developer's) agree- plated improvements and additions to the ment has been completed pursuant to the regional water and/or sewer systems, or requirements of this section. otherwise in compliance with subsections (c) An applicant who desires to make a dedica- 74 205(b)(1) and (b)(2) for other public tion of land or contribution for impact fee credits facilities; shall, prior to issuance of a certificate of occu- pancy or certificate of completion, submit to the (3) There is sufficient funding remaining in county a proposed plan for the dedication of land the adopted road impact fee annual credit or for the contribution. The proposed plan of threshold budget, or any threshold that construction or dedication shall include: may be established for other public facil- ities,to cover the request for such credits; (1) A designation and legal description of the development for which the plan is being (4) Such proposed plan, viewed in conjunc- submitted; tion with other existing or proposed plans, (2) A list of the contemplated improvements; will not create a detrimental imbalance between the treatment and transmission (3) A legal description of any land or interest capabilities of the regional water and/or in land proposed to be dedicated and a sewer systems; written appraisal prepared in conformity with the requirements of this section; (5) The transportation administrator or pub- lic utility administrator or county man- (4) An estimate of proposed construction costs ager has determined that the proposal certified by a professional engineer or furthers the development of the applica- architect, as appropriate; and ble component of the public facilities and (5) A proposed time schedule for completion the proposed plan is,in the opinion of the of the proposed plan of construction or board of county commissioners,consistent dedication prepared by a professional en- with the public interest; gineer or architect, as appropriate. (6) Such proposed plan, viewed in conjunc- (d) Upon submission of a complete plan, the tion with other existing or proposed plans, transportation administrator or the public utili- will not adversely impact the cash flow or ties administrator, or appropriate division or de- liquidity of the applicable public facility partment administrator,shall present to the board impact fee trust account in such a way as at a regularly scheduled meeting or a special to frustrate or interfere with other planned meeting called for the purpose of reviewing the or ongoing growth necessitated capital proposed plan and shall provide the applicant or improvements and additions to such pub- owner written notice of the time and place of the lic facility systems; and presentation.The board shall authorize the county attorney to prepare a contribution agreement (7) The proposed time schedule for comple- with the owner only if: tion of the plan is consistent with the (1) There is a finding that the dedications or then-most recently adopted five-year cap- contributions contemplated by the agree- ital improvement program for the appli- ment are consistent with the comprehen- cable public facility. sive plan and the requirements of this section; (e) Upon approval of a proposed plan of dedi- cation or contribution,the transportation admin- (2) Such proposed plan is in conformity with istrator or public utilities administrator or county contemplated improvements and addi- manager shall determine the amount of developer tions to the transportation network in credit and shall approve the timetable for comple- compliance with the requirements of sub- tion of construction. The amount of developer sections 74-205(b)(1) and(b)(2)or contem- credit to be applied against the applicable public Supp. No.54 CD74:32 IMPACT FEE REGULATIONS §74-205 facility impact fee shall be determined according (4) Impact fee credits shall run with the land to the standards of valuation described in subsec- in perpetuity, interest free, until used or tion 74-205(b). assigned. (f) Upon approval of a plan for the dedication (5) A graphic drawing or rendering and a or contribution, a developer contribution agree- legal description of the dedication or con- ment shall be entered into between the county tribution to be made pursuant to the and the owner. A non-refundable processing, re- agreement. view and audit fee of$2,500.00 shall be due once (6) An acknowledgement that the dedications the voluntary plan has been approved and prior to or contributions contemplated under the the preparation of a contribution agreement by agreement shall be construed and charac- the county attorney. The processing, review and terized as work done and property rights audit fee shall be returned to the applicant if acquired by a highway or road agency for either the county manager, the authorized divi- sion or department administrator, or the board the improvement of a road within the determines the proposed plan is not acceptable. boundaries of a right-of-way, or by the county, a utility, or other persons or enti- The processing,review and audit fee shall become ties engaged in the distribution and trans- non-refundable when the board authorizes the mission of water and/or collection or trans- county attorney to prepare a contribution agree- mission of sewerage for the purpose of ment. The contribution agreement shall, at a constructing or installing on established minimum, provide for and include, but not be rights-of-way,mains,pipes,cables,utility limited to: infrastructure or the like. (1) Identification of the parties including a (7) acknowledgement that the contribu- tion agreement shall not be construed and disclosing who are the record owners of characterized as a development agree- the real property described in the contri- ment under the Florida Local Govern- bution agreement. If requested by the ment Development Agreement Act,as then county attorney, the applicant or owner amended, or otherwise. shall provide to the county attorney,at no cost to the county, an attorney's opinion (8) Adoption of the approved time schedule identifying the record owner, his author- for completion of the plan. ity to enter into the contribution agree- (9) Determination of the dollar value amount ment and identify any lien holders having of credit based upon the standard of val- a lien or encumbrance on the real prop uation as set forth in subsections 74- erty that is the subject of the agreement. 205(b)(1) and (2). Said opinion shall specifically describe each of the recorded instruments under (10) A written appraisal for any land dedica- which the record owner holds title, each tion. lien or encumbrance,and cite appropriate recording information and incorporate by (11) The initial professional opinion of proba- reference a copy of all such referenced ble construction costs, if any, provided by instruments. a professional engineer or professional architect, as appropriate. (2) A finding that the contributions and ded- ications contemplated by the agreement (12) A requirement that the owner keeps or are consistent with the comprehensive provides for retention of adequate records plan. and supporting documentation that con- cern or reflect total project cost of the (3) A legal description of all lands included in improvements to be contributed. This in- the development subject to the agree- formation shall be available to the county, ( ment. or its duty authorized agent or represen- \/ Supp.No.54 CD74:33 §74-205 COLLIER COUNTY CODE tative,for audit,inspection or copying,for performance under,the contribution agree- a minimum of five years after the termi- ment,including whether or not there has nation of the contribution agreement. been demonstrated good faith compliance (13) A requirement that the credit for impact with the terms of the contribution agree fees for the specific public facility identi- ment and to report the credit applied fled in the contribution agreement shall toward payment of impact fees and the run with the land of the subject develop- balance of available and unused credit. If ment and shall be reduced by the entire the board finds, on the basis of substan- amount of the impact fee for that public tial competent evidence, that there has facility due for each building permit until been a failure to comply with the terms of the development project is either corn- the contribution agreement, the agree- pleted or the credits are exhausted or are ment may be revoked or modified by the no longer available,or have been assigned county. by operation of or pursuant to an assign- ment agreement with the county. The (18) A provision that mandates modification or foregoing reduction in the impact fee credit revocation of the contribution agreement shall be calculated based on the amount as may thereafter be necessary to comply of the impact fees for that public facility with then-applicable and relevant state in effect at the time of the building permit and federal laws, if state or federal laws application. The credit shall specify the are enacted after the execution of the specific type of public facility impact fee to contribution agreement which are appli- which it shall apply (e.g., roads, sewer, cable to and which preclude the parties' water, etc.) and shall not apply to any compliance with the terms of the contri- other type of public facility impact fee. bution agreement. (14) That the burdens of the contribution agree- ment shall be binding upon, and the ben- (19) Amendment or cancellation by mutual efits of the agreement shall inure to, all consent of the parties to the contribution successors in interest to the parties to the agreement or by their successors in inter- contribution agreement. est. (15) An acknowledgment that the failure of (20) Recording of the contribution agreement the contribution agreement to address in the official records within 14 days after any permit,condition,term,or restriction the county enters into the contribution shall not relieve either the applicant or agreement.All costs of recording and con- owner,or their successors,of the necessity veyance shall be paid by the applicant or of complying with any law, ordinances, owner. rule or regulation governing said permit- ting requirements, conditions, terms or (21) The ability to file an action for injunctive restrictions. relief in the circuit court of the county to (16) Compliance with the then-applicable risk enforce the terms of the contribution agree- management guidelines which may be ment, said remedy being cumulative with established by the county's risk manage- any and all other remedies available to ment department from time to time, in- the parties for enforcement of the agree cluding but not limited to insurance and ment. indemnification language acceptable to the (22) An acknowledgment that the contribution county for any contribution or dedication. agreement shall not be construed or char- (17) Annual examination and audit of compli- acterized as a development agreement ance performed by an independent audi- under the Florida Local Government De- tor to determine compliance with, and velopment Agreement Act. Supp.No.54 CD74:34 Jime IMPACT FEE REGULATIONS §74-205 (g) Any developer contribution credit granted pensate and may agree to reimburse for from the specific type of public facility impact fee that phase or phases of off site improve- shall only be for those dedications or contribu- ments at the time the funds are scheduled tions made to accommodate growth, within the to become available in the five-year CIE; respective impact fee district where the develop- and ment is located, or an adjacent district (for the (2) If the county has a budget for advanced purposes of road impact fees), and for the same right-of-way acquisition, the county may type of public facility impact fee for which the reimburse for the value of the right-of- dedications or contribution has been made. way, up to the level of the remaining (h) All road impact fee credits shall be awarded budget for such land acquisition. on an annual basis from an allocation established each fiscal year of the county based upon the (1) The county shall not reimburse for contri recommended annual budget threshold amount butions that are not included in the five-year CIE as established in the budget of the transportation or that exceed the amount of credits established services division.No road impact fee credits greater in the threshold level budgeted. than this annual allocated sum shall be allowed (m) In order to maintain the pro-rata or pro- in any fiscal year. The balance of any annual portionate share purpose of this chapter, it is unexpended road impact fee credits may be car- necessary that a uniform method be used ried over from one fiscal year to the next fiscal countywide in determining credit against the im- year, subject to the allocation limit each fiscal pact fee. Therefore, the county,when considering year,until expended. Should Developer be unable compensation or credit, shall apply the then- to commence Development as originally contem- applicable standards it has established in the plated in the contribution agreement,the parties unincorporated areas throughout the entire incor- may enter into a reimbursement agreement, sub- porated and unincorporated county, i.e., with re- ject to annual appropriation,provided such agree- gard to roads, the dedication of the minimum ment for reimbursement shall not be for a period local road widths is non-compensable, thus put- in excess of seven years from the date of recording ting the unincorporated areas and the incorpo- the contribution agreement in the official records rated areas in the same posture and thereby of the county, and shall provide for a forfeiture of maintaining the integrity of the pro-rata or pro- any remaining reimbursement balance at the end portionate share concept. of such time period. (i) All right-of-way dedications must be consis (n) Impact fee credits shall not be assigned or tent with the county's adopted needs plan in order otherwise transferred from one development to to be eligible for road impact fee credits at the another development except by written agree- ment executed by the county,and then, shall only time of the request. be transferable from one development to another (j) Any dedication or contribution for which a development within the same or adjacent impact road impact fee credit is requested must be in the fee district for the same type of public facility county's cost feasible plan of the transportation impact fee.This assignment or transfer may be to network at the time of the request. commercial and/or residential developments. Im- (k) If road impact fee credits are not available pact fee credits will be accomplished only through at the time of request, the county shall otherwise the operation of a credit agreement. Should an assignment of credit be approved by the county compensate and may award a cash reimburse through execution of such an agreement, the ment subject to conformity to all other require assignee shall take the agreement as is and shall ments for credit eligibility and subject to the be bound by all of the terms and conditions of the following additional conditions: agreement as originally executed by the assignor (1) If a phase or phases of the contribution and other parties. No assignee (or transferee) of and dedication, or either, are included in any such agreement shall have the right to any the five-year CIE, the county shall com- review procedure under this chapter except to the Supp.No.54 CD74:35 bowl §74-205 COLLIER COUNTY CODE extent expressly granted in the agreement. The between the general provisions of this chapter provisions of this paragraph shall apply to subse- and the specific provisions set forth in this article quent purchasers or successors in title to the III, the terms and provisions of article III shall owner. control. (o) Any applicant who submits a proposed credit (Ord. No. 01-13, § 1, 3-13-01) agreement pursuant to this chapter and desires the immediate issuance of a certificate of occu- pancy or certificate of completion for a building impact fee. permit shall pay the impact fee. Said payment (a) Short name. This section may be known as shall be deemed paid "under protest" and shall "Special Requirements for Road Impact Fee". not be construed as a waiver of any review rights. Any difference between the amount paid and the (b) Purpose. It is hereby ascertained, deter- amount due, as determined by the county man- mined and declared: ager, shall be refunded to the applicant or owner. (1) Both existing development and develop- (p) In the event the amount of impact fee ment necessitated by the growth contem- credit for a specific type of public facility, pursu- plated in the comprehensive plan will ant to an approved contribution or dedication, require improvements and additions to exceeds the total amount of impact fee for that the transportation network to accommo- same type of public facility imposed upon the date and maintain traffic at the level of development, the contribution agreement may service adopted by the county. Future provide for the future reimbursement to the owner growth, as represented by new develop- of the excess of such contribution credit from ment, should contribute to the cost of Lfuture receipts by the county of impact fees. improvements and additions to the trans- i However, no reimbursement shall be paid until portation network required to accommo- such time as all development at the location date and traffic generated by such growth which was subject to the credit has been corn- as contemplated in the comprehensive pleted. Such reimbursement shall be made over a plan. period of five years from the date of completion of (2) The required improvement and additions the development as determined by the county. to the transportation network needed to (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2010-22, accommodate existing traffic at the level § 3; Ord. No. 2011-19, § 3; Ord. No. 2013-63, § 5; of service adopted by the county shall be Ord. No. 2014-04, § 4) financed by revenue sources of the county other than road impact fee. Secs. 74-206-74-300. Reserved. (3) Implementation of a road impact fee to require future development to contribute ARTICLE III. SPECIAL REQUIREMENTS the cost of required transportation capital FOR SPECIFIC TYPES OF IMPACT FEES improvements and additions is an inte- gral and vital element of the regulatory Sec. 74-301. Overview of special require- plan of growth management incorporated ments. in the comprehensive plan of the county. Because this chapter is a consolidation of im- (4) Future growth as represented by new pact fee regulations for different types of public development requires capacity additions facilities, this article III shall establish and pro- to roads within the state highway system, vide additional or different provisions, require- the county road system and the city street ments and limitations that apply only to a partic- system. The provision of these growth ular type of public facility. A separate section necessitated capacity additions to the state within this chapter has been included for each highway system and certain portions of type of public facility. In the event of a conflict the city street system directly benefits all Supp.No.54 CD74:36 IMPACT FEE REGULATIONS §74-302 residents of the county and is interrelated This chapter shall not be construed to with the provision of growth necessitated permit the collection of road impact fees improvements to the county road system. from development in excess of the amount In recognition of these findings and the reasonably anticipated to offset the de- interconnections between the various road mand on the transportation network gen- systems, it is the intent of the board to erated by such development. impose an impact fee on development (9) This chapter shall not be construed to occurring within the county and to utilize permit the expending or encumbering of the proceeds to construct or acquire con any monies collected through road impact templated improvements and capacity ad fees for the construction of improvements ditions to the transportation network. or additions to roads which are not con- (5) The board expressly finds that improve- tained within the transportation network. ments and additions to the transportation network provide a benefit to all develop- (c) Limitation on applicability. See section 74 103. ment within the county in excess of the road impact fee. (d) Payment. See section 74-202. (6) In recognition that transportation plan- (e) Use of funds. ping is an evolving process,it is the intent (1) The road impact fee shall provide funds of the board that improvements and addi- only for off-site growth necessitated im- tions to the transportation network be provements or addition(s) to transporta- reviewed and adjusted periodically to in- tion network roads within the same road sure that road impact fees are imposed impact fee district where the respective l equitably and lawfully and are utilized development is located or for arterial or 16 effectively based upon actual and antici- collector roadways of any one or more pated growth needs at the time of their adjacent districts. Road impact fees from imposition. each such road impact fee district may be (7) The county has a responsibility to provide used in the respective adjacent district(s) and maintain certain roads in the county provided that: in both the unincorporated areas and a. The improvement to be made in the within incorporated areas of the county. adjacent district is part of the trans- Placing a fair share of the burden of the portation network that will directly cost of providing the improvements and benefit development in the district additions to the transportation network from which the road impact fees are required by development within incorpo- generated; and rated areas constitutes a county purpose. b. The expenditure of road impact fees Construction occurring within incorpo- within the respective adjacent road rated areas impacts the county road sys- impact fee district is reasonably re- tem and state highway system within the lated to the benefit derived by the county. In recognition of these findings,it district wherein the road impact fees is the intent of the board to impose the are collected. road impact fee on all development occur- ring within the county, including areas (2) Prior to the expenditure of road impact within municipal boundaries. fees for a capital improvement or addition located in a road impact fee district other (8) The purpose of this section is to require than where the impact fees were derived, the development within the county to a professional engineer shall provide a provide for capital improvements and ad- specific determination of benefit and dem- ditions to the transportation network which onstrate compliance with the require- are necessitated by such development. ments of this section for the proposed Supp.No.54 CD74:37 01.111 §74-302 COLLIER COUNTY CODE expenditure. Expenditure of road impact schedule incorporated in schedule 1 fees in a road impact fee district other is hereby adopted and the road im- than from where the impact fees were pact fees established in such road derived shall require approval from the impact fee rate schedule are hereby board and the board shall support the imposed on all development located approval by a specific finding of benefit. within road impact fee district num- ber 2 at a rate established under the (3) Access improvements, including required applicable impact fee land use cate- right-of-way dedications, shall be pro- gories. vided by the applicant in accordance with all other applicable ordinances of the c. Road impact fee district number 3 is county. hereby created or affirmed to include the boundaries set forth and estab- (4) Road impact fee district boundaries(where lished as described and depicted in a road right-of-way is used to define road appendix B, attached hereto and in- district boundaries, that portion of the corporated by reference. Road im- road right-of-way demarcating the bound- pact fee district number 3 shall in- ary may be considered as part of either dude all areas previously included district that it bounds). within district number 4 created by a. Road impact fee district number 1 is Ordinance No. 85-55, as amended. hereby created or affirmed to include The road impact fee rate schedule the boundaries set forth and estab- incorporated in schedule 1 is hereby lished as described and depicted in adopted and the road impact fees appendix B, attached hereto and in established in such road impact fee corporated by reference. Road im- rate schedule are hereby imposed on pact fee district number 1 shall in- all development located within road dude all areas previously included impact fee district number 3 at a within district numbers 1 and 2 ere rate established under the applica- ated by Ordinance No. 85-55, as ble impact fee land use categories. amended. The road impact fee rate d. Road impact fee district number 4 is schedule incorporated in schedule 1 hereby created or affirmed to include is hereby adopted and the road im- the boundaries set forth and estab- pact fees established in the road lished as described and depicted in impact fee rate schedule are hereby appendix B, attached hereto and in- imposed on all development located corporated by reference. Road im- within road impact fee district num- pact fee district number 4 shall in- ber 1 at a rate established under the dude all areas previously included applicable impact fee land use cate- within district number 6 created by gories. Ordinance No. 85-55, as amended. The road impact fee rate schedule b. Road impact fee district number 2 is incorporated in schedule 1 is hereby hereby created or affirmed to include adopted and the road impact fees the boundaries set forth and estab- lished as described and depicted in established in such road impact fee appendix B, attached hereto and in- rate schedule are hereby imposed on corporated by reference. Road im- all development located within road pact fee district number 2 shall in impact fee district number 4 at a elude all areas previously included rate established under the applica- within district numbers 3 and 5 cre- ble impact fee land use categories. ated by Ordinance No. 85-55, as e. Road impact fee district number 5 is amended. The road impact fee rate hereby created or affirmed to include Supp.No.54 CD74:38 IMPACT FEE REGULATIONS § 74-302 the boundaries set forth and imposed upon development located established as described and depicted within road impact fee district in appendix B, attached hereto and number 7. incorporated by reference. Road h. Road impact fee district number 8 is impact fee district number 5 shall hereby created or affirmed to include include all areas previously included the boundaries set forth and within district number 9 created by established as described and depicted Ordinance No. 85-55, as amended. in appendix B, attached hereto and The road impact fee rate schedule incorporated by reference. Road incorporated in schedule 1 is hereby impact fee district number 8 shall adopted and the road impact fees include all areas previously included established in such road impact fee within district numbers 7 and 10 rate schedule are hereby imposed created by Ordinance No. 85-55, as on all development located within amended. No road impact fee shall road impact fee district number 5 at be initially imposed upon develop- a rate established under the ment located within road impact fee applicable impact fee land use district number 8. categories. (5) The board of county commissioners hereby f. Road impact fee district number 6 is establishes (or affirms) eight separate hereby created or affirmed to include trust funds for the road impact fees to be the boundaries set forth and designated as the "District Number 1 established as described and depicted Road Impact Fee Trust Fund", "District in appendix B, attached hereto and Number 2 Road Impact Fee Trust Fund", incorporated by reference. Road "District Number 3 Road Impact Fee impact fee district number 6 shall Trust Fund," "District Number 4 Road include all areas previously included Impact Fee Trust Fund,""District Number within district number 8 created by 5 Road Impact Fee Trust Fund," "District Ordinance No. 85-55, as amended. Number 6 Road Impact Fee Trust Fund", The road impact fee rate schedule "District Number 7 Road Impact Fee incorporated in schedule 1 is hereby Trust Fund,and District Number 8 Road adopted and the road impact fees Impact Fee Trust Fund." established in such road impact fee rate schedule are hereby imposed (6) The monies deposited into the respective on all development located within road impact fee trust funds shall be used road impact fee district number 6 at solely to provide additions and improve- a rate established under the ment to the transportation network applicable impact fee land use required to accommodate traffic gener- categories. ated by growth. g. Road impact fee district number 7 is (f) Impact fee rates. The road impact fee rate hereby created or affirmed to include schedule incorporated in schedule 1 is hereby the boundaries set forth and adopted and the road impact fees established in established as described and depicted the road impact fee rate schedule are hereby in appendix B, attached hereto and imposed on all development as required in this incorporated by reference. Road chapter at a rate established under the applicable impact fee district number 7 shall impact fee land use categories. include all areas previously included (g) Annual mid-cycle road impact fee rate within district number 11 created indexing.Beginning November 1,2002,the county by Ordinance No. 85-55,as amended. shall commence a three-year road impact fee No road impact fee shall be initially update cycle pursuant to subsections 74-201(b) �_ Supp. No. 86 CD74:39 § 74-302 COLLIER COUNTY CODE and 74-502(a) of this chapter. During each of the or with any other Collier County two mid-years between updates,the county shall ordinance, rule or regulation, the provi- implement indexed adjustments to the cost sions of this section shall control. components of design, utilities, mitigation, interchange,carrying cost,construction,engineer- (4) The provisions of this subsection apply to ing,inspection,the non-land components of right final local development orders approved of-way acquisition costs and the land value prior to July 1, 2019. Final local develop component of rights-of-way costs based on the ment orders approved on or after July 1, percentages of increase set forth in the adopted 2019 are required to obtain a COA in "Collier County Impact Fee Indexing Study" accordance with the provisions of 10.02.07 of the Collier County Land Development prepared by Tindale-Oliver and Associates, Inc., Code but are not required to pay road in association with Robert W. Burchell,Ph.D., as impact fees to obtain the COA, in updated annually and in accordance with the indexing methodology specified in the current accordance with the provisions of F.S. and adopted road impact fee study. § 163.31801(3)(e). (h) Payment of road impact fees to obtain a (i) Payment of road impact fees related to certificate of adequate public facilities. mines/commercial excavation. (1) A certificate of public facility adequacy (1) The payment of impact fees related to (COA) shall be issued concurrent with mines/commercial excavation may be paid the approval of the next to occur final annually over a five-year period with the local development order. At the time a first payment due upon issuance of the certificate of public facility adequacy is excavation permit for the subject site. issued, thirty-three percent (33%) of the (2) The first payment shall be calculated estimated payment will be due and based on the volume of material to be deposited into the applicable impact fee excavated,as indicated on the excavation trust fund. The funds will then be permit or site plan, times the adopted immediately available for appropriation road impact fee rate for mines/com- by the Board of County Commissioners mercial excavation in effect at the time of for transportation capital improvements the application for the Conditional Use and are non-refundable. Final calcula- that was granted by the Board of County tion of impact fees due will be based on Commissioners, divided by five. Materi- the intensity of development actually als utilized for on-site purposes shall not permitted for construction and the impact be included in the calculation as they are fee schedule in effect at the time of the not subject to the impact fee assessment. building permit(s)application submittal, The remaining four payments shall be such that additional impact fees may be due annually within 5 business days of due prior to issuance of a certificate of the anniversary of the first payment occupancy or certificate of completion for date. the building permit(s). (3) Concurrent with the first payment, a (2) Offsets for road impact fees assessed to temporary five-year certificate of public building permits for impact fees paid in facility adequacy(COA)will be issued for accordance with this subsection, will be the proposed excavation site. Upon pay- applied equally to units or square footage ment of the full amount of impact fees and will run with the subject land. calculated for the excavation permit the (3) This provision is to be read in conjunc certificate will be issued in perpetuity. tion with Section 10.02.07 of the Collier (4) Failure to submit payment in accordance County Land Development Code. To the with the provisions of this subsection extent this provision conflicts with this will result in the matter being referred to Supp. No. 86 CD74:40 IMPACT FEE REGULATIONS §74-303 the Board of County Commissioners for systems. The board has alternative, cumulative review. Absent the Board finding and supplemental authority to plan for and exceptional circumstances,the temporary provide water and sewer systems under the laws certificate of public facility adequacy of the State of Florida,including,but not limited (COA) shall be revoked. Revocation of to F.S. ch. 125, pt. II of Chapter 153, Chapter the temporary certificate of public facil- 164, and Chapter 380; Chapters 78-489 and ity adequacy shall also result in revoca- 88-499, Laws of Florida, and Article 8 of the tion of the excavation permit or site plan Constitution of the State of Florida. Collier approval for the subject site. County Land Development Regulations and Poli- (5) At any time prior to the final payment cies require persons to install, use, operate or and issuance of the certificate of public employ interim water and/or sewer treatment facility adequacy (COA) in perpetuity, facilities when such persons choose to develop the applicant may provide documenta lands in advance of the expansion of the regional tion demonstrating that the actual volume sewer system within the district. Collier County of material to be transported from the Land Development Regulations and Policies site is less than the permitted amount. require that owners of land connected to interim The documentation shall include signed sewer facilities disconnect from such facilities and sealed volumetric drawings and and connect to the regional water and/or sewer back-up information that justifies the system whenever the regional sewer system reduction to the sole satisfaction of the becomes available within the district. The board County. Upon approval by the county specifically finds that future growth within the manager, the excavation permit or site non-excluded areas (as described in subsection plan will be modified by the applicant in 74-303(c)) should contribute its fair share to the accordance with the revised volume of cost of improvements and additions to the water material to be transported on the public and sewer facilities that are required to accom- roadway network. The impact fee calcula- modate the use of such facilities within the tion for the remaining payments will also nonexcluded areas. be revised to reflect the revised volume of (c) Limitation on Applicability. Notwithstand- material to be transported from the site. ing the general applicability provisions set forth (Ord. No. 01-13, § 1; Ord. No. 02-66, § 1; Ord. in this chapter, water and sewer impact fees No. 2006-19, §2;Ord. No. 2007-29, §2;Ord. No. shall be limited as follows: 07-57, § 3; Ord. No. 2009-09, § 6; Ord. No. 2009-71, § 3; Ord. No. 2011-20, § 1; Ord. No. (1) The imposition of water and sewer impact 2014-04, § 5; Ord. No. 2019-48, § 3) fees shall include only development on lands within the county water sewer Sec. 74-303. Special requirements for water district. The imposition and collection of impact fee and/or sewer impact water and sewer impact fees on geographic fee. areas within the county water sewer (a) Short name. This section may be known as district shall not take place until such "Special Requirements for Water Impact Fee time when connection to the regional and/or Sewer Impact Fee". water and/or sewer system is made. Lands required to connect or request connection (b) Purpose. The purpose of this section is to to the regional water and/or sewer system, tailor the general common requirements of this or which otherwise create a growth neces- chapter to the specific requirements of water and sitated demand upon the regional water sewer impact fees. In addition, the board finds and/or sewer system shall be subject to that the Florida Legislature has adopted growth the imposition of impact fees in accordance management legislation which requires local with this chapter. The following areas governments to plan for and provide for capital are provided exclusion from water and/or infrastructure facilities such as water and sewer sewer impact fees since they are not Supp. No. 86 CD74:41 § 74-303 COLLIER COUNTY CODE served by the existing treatment capabili- indirectly, to the regional water ties of the regional water and/or regional system and/or regional sewer system; sewer system: or a. Those areas lying within the c. Whenever:(i)any person applies for boundaries of the former Goodland a building permit to construct (or Water District. Exclusion of those place or install)a building or utilize areas within the boundaries of the a use or development improvement former Goodland Water District within the boundaries of the county recognizes that this area is not pres water-sewer district, even though ently planned to be served by the the subject lands are then receiving treatment capabilities of the regional (or may in future receive) interim water and/or regional sewer systems. water and/or sewer services from a source other than the county water- b. Those areas lying within the Macro sewer district, or (ii) do not then Shores, Unit 1, Sections 26 and 27, request any such service but are Township 52 South, Range 26 East, located in a place where it is physi- and recorded in Plat Book 14, Page cally possible to effect a physical 34 of the Public Records of Collier interconnection with the respective County, Florida. Exclusion of the regional water-sewer district's facili- Marco Shores, Unit 1, recognizes ties. This last provision is to preclude that this area is not presently the possibility of unauthorized planned to be served by treatment interconnections without first paying capabilities of the regional water to the county all then applicable and/or regional sewer systems. water and/or sewer impact fees. c. Those areas lying within the Key d. Whenever a person applies for a Marco Community Development building permit to alter an existing District not planned to be served by building,use or applicable improve- treatment capabilities of the regional ment then connected to the regional water and/or regional sewer systems. water system and/or regional sewer system, if such alterations increase (d) Payment. the demand or the potential demand on the regional water system and/or (1) For purposes of the water and sewer regional sewer system. impact fees,development shall be subject (2) Subject to availability of funds,the county to the payment of impact fees under this may enter into agreements to extend section 74-303, upon the first occurrence payment (offer installment payments) of of any of the following: water and/or sewer systems impact fees a. Subject to subsection 74-201(d)(4), and associated costs over a period not to whenever any building or use which exceed seven years with owners of then- has not previously paid the existing buildings,structures or applicable applicable water and/or sewer impact improvements which are mandated to fees under this chapter, or any connect to the regional water and/or predecessor ordinance in function, regional sewer systems. Prior to the connects to the regional sewer system county entering into any agreements to and/or the regional water system; extend payments, and from time-to-time thereafter, the board shall identify a b. Any building or use is connected, or specific source of funds to be used rela- interim water and/or sewer systems, tive to providing extended payment and is connected either directly or the cost of such funds, including all Supp. No. 86 CD74:42 IMPACT FEE REGULATIONS §74-303 expenses and costs incidental to obtain- c. With the exception of the approval ing or providing same, including interest and execution of agreements, or an at the interest rate that the board or the aggregation of related agreements, public utilities administrator will employ with a face amount in excess of in offering extended payment with inter- $6,000.00, the board hereby est, and a reasonable estimation of the delegates to the public utilities administrative costs of expenses associ- administrator the power and author- ated with administering the extended ity to enter into,modify,and release payment alternative to the respective such extended payment agreements land(s). in conformance with the provisions of this chapter. The standard form a. The county shall only enter into agreement, and any other associ- agreements to extend installment ated documentation, shall be in a payment of the water and/or sewer form approved by the board and systems impact fees and associated acceptable to the county attorney. costs with owners of then existing No such standard form agreement buildings, structures or applicable shall be modified unless, in the improvements, mandated to con- opinion of the county attorney,there nect to the regional water and/or then exists a compelling reason to regional sewer systems. do so. Each such agreement shall be b. The amount of payment, including recorded in the official records upon any title verification expenses and a approval of the public utilities reasonable estimation of the cost administrator. and expense associated with provid- d. For an agreement, or an aggrega- ing an extended payment alterna- tive, tion of related agreements,to extend �•/ shall be paid in equal monthly payment of impact fees and associ- payments with an annual interest ated costs with a face amount in rate as determined by the state excess of$6,000.00,the county shall comptrollers office. State document require the procedure and stamp and recording fees will be documentation for extending pay- upfront costs borne by the owner ments to substantially and reason- and shall be paid in full at the time ably conform to generally accepted the extended payment agreement is and reasonably applicable corn- executed. The interest rate charged mercial lending practices,including shall be representative of the but not limited to the requirement county's cost of funds, including all for acceptable personal guarantees expenses or costs incidental to from one or all of the owners (or obtaining or providing same, if any. individuals owning a beneficial inter- The interest charged should be est therein. At its sole option the adjusted during January of any county may contract with outside calendar year in accordance with counsel or a servicing agent to the then applicable ordinance (cur prepare such documentation and to rently Ordinance No. 96-17 and No. advise the county relative to 96-18) and shall be based on the conformance with generally accepted county's cost of funds for the commercial lending practices and immediately preceding fiscal year. the costs of same shall be borne by Failure to make such an adjustment the owner. in any given January shall not preclude retroactive adjustments of e. Upon satisfactory payment of all such interest rates. principal, interest, and associated Supp. No. 86 CD74:43 §74-303 COLLIER COUNTY CODE costs under an extended payment each water and sewer impact fee amount by the agreement,the county shall execute percentages of increase set forth in the adopted a satisfaction of lien and record "Collier County Impact Fee Indexing Study" same in the official records of the prepared by Tindale-Oliver and Associates, Inc., county. A copy of the recorded in association with Robert W. Burchell,Ph.D., as satisfaction of lien will be mailed(to updated annually, and in accordance with the the mailing address provided to the index stated in the board resolution(or ordinance) county by the other contracting that implements that indexing. Water and sewer party) by regular U.S. mail to the impact fees shall be increased by indexing only record owner within 60 days from to the extent that increases resulting from index- receipt of full payment. ing exceed the assumed inflation rate used to f. In recognition that the payment of calculate the then applicable impact fees. the water and/or sewer systems (Ord. No. 01-13, § 1; Ord. No. 01-54, § 9; Ord. impact fees for then-existing mobile No. 04-79, § 1; Ord. No. 2006-26, § 5; Ord. No. home park or rental housing will 07-52,§ 1;Ord. No. 07-57,§4;Ord. No. 2009-64, generally,in some manner,be passed § 1;Ord. No. 2012-03, § 1;Ord. No. 2013-63, §6; through to the occupants by an Ord. No. 2014-05, § 1; Ord. No. 2015-17, § 4) owner, and in recognition that if such pro-rata impact fee pass- Sec. 74-304. Same—Parks and recreation through is collected as one single impact fee. payment by the owner, that such a (a) Short name. This section may be known as pass-through may cause financial "Special Requirements for Parks and Recreation hardship on these occupants, the Impact Fee". board, in its sole discretion, may require the owner to covenant and (b) Purpose. The purpose of this section is to ‘reagree, for the benefit of all affected tailor the general common requirements of this persons, to pass through entirely chapter to the specific requirements of parks and and on the same terms all the recreation impact fees. benefits of any extended payment of the impact fees to the affected persons. (e) Use of funds. See section 74-203. (f) Impact fee rates. The water and sewer impact fee rate schedule incorporated in schedule 2 is hereby adopted and the water and sewer impact fees established in the water and sewer 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 water and sewer impact fee rate indexing. Beginning January 1,2005,the county shall commence a three-year water and sewer(wastewater)impact fee update cycle pursu- ant to subsections 74-201(b) and 74-502(a) of this article. In each of the two mid-cycle years (between the formal three-year updates) the county shall implement indexing adjustments to Supp. No. 86 CD74:44 IMPACT FEE REGULATIONS §74-306 1 (c) Limitation on applicability. See section 74- (f) Impact fee rates. The library impact fee rate 103. schedule incorporated in schedule eight is hereby adopted and the library impact fees established in (d) Payment. See section 74-202. the library impact fee rate schedule are hereby (e) Use of funds. See section 74-203. imposed on all development as required in this chapter at a rate established under the applicable (f) Impact fee rates. The parks and recreation impact fee land use categories. impact fee rate schedule incorporated in schedule (g) Annual mid cycle library impact fee rate 3 is hereby adopted and the parks and recreation indexing. Beginning on May 1, 2004 the county impact fees established in the parks and recre shall commence a three-year library system im- ation impact fee rate schedule are hereby imposed pact fee update cycle pursuant to subsections on all development as required in this chapter at 74-201(b)and 74-502(a)of the Code. During each a rate established under the applicable impact fee land use categories. of the two mid-years between updates,the county shall implement adjustments based upon the per- (g) Annual mid-cycle parks and recreational centages of increase set forth in the adopted facilities impact fee rate indexing. Collier County "Collier County Impact Fee Indexing Study" pre- Resolution No. 2002-304, adopted June 25, 2002, pared by Tindale-Oilver and Associates, Inc., in established a parks and recreational facilities association with Robert W. Burchell, Ph.D., as impact fee rate schedule three-year update pro- updated annually, and in accordance with the gram, which commenced on June 25, 2002, pur- indexing methodology specified in the current and suant to subsections 74-201(b) and 74-502(a) of adopted library impact fee study. this chapter. During each of the two mid-years (Ord. No. 01-13, § 1; Ord.No. 04-21, §2; Ord. No. between updates, the county shall implement 2006-18, § 2; Ord. No. 07-57, § 6) indexing adjustments to each park impact fee amount based upon the percentages of increase Sec. 74-306. Same—Emergency medical ser- set forth in the adopted "Collier County Impact vices impact fee. Fee Indexing Study" prepared by Tindale-Oliver and Associates,Inc.,in association with Robert W. (a) Short name. This section may be known as Burchell, Ph.D., as updated annually, and in Special Requirements for Emergency Medical accordance with the indexing methodology speci Services Impact Fee . fied in the current and adopted parks and recre- (b) Purpose. The purpose of this section is to ation impact fee study. tailor the general common requirements of this (Ord. No. 01-13, § 1;Ord. No. 02-66, §2; Ord. No. chapter to the specific requirements of emergency 2006-10, § 2; Ord. No. 07-57, § 5) medical services impact fees. Sec. 74-305. Same—Library impact fee. (c) Limitation on applicability. See section 74- 103. (a) Short name. This section may be known as (d) Payment. See section 74-202. "Special Requirements for Library Impact Fee". (b) Purpose. The purpose of this section is to (e) Use of funds. See section 74-203. tailor the general common requirements of the (0 Impact fee rates. The emergency medical chapter to the specific requirements of library services impact fee rate schedule incorporated in impact fees. schedule 7 is hereby adopted and the emergency medical services impact fees established in the (c) Limitation on applicability. See section 74 103. emergency medical services impact fee rate sched- ule are hereby imposed on all development as (d) Payment. See section 74-202. required in this chapter at a rate established under the applicable impact fee land use catego- (e) Use of funds. See section 74-203. ries. Supp.No.54 CD74:45 §74-306 COLLIER COUNTY CODE (g) Annual mid-cycle emergency medical ser- (c) Limitation on applicability. See section 74- vices impact fee rate indexing. Beginning on Feb- 103. ruary 28, 2006 the county shall commence a three-year emergency medical services impact fee (d) Payment. See section 74-202. update cycle pursuant to subsections 74-201(b) and 74-502(a) of the Code. In each of the two (e) Use of funds. See section 74-203. mid-cycle years (between the formal three-year (f) Impact fee rates. The educational facilities updates)the county shall implement adjustments impact fee rate schedule(schedule)established in to the emergency medical services impact fee schedule 6 is hereby adopted by reference to the rates based upon the percentages of increase set schedule. The educational impact fee rate to be forth in the adopted "Collier County Impact Fee imposed on any development is the rate estab- Indexing Study" prepared by Tindale-Oliver and lished in the then adopted schedule as such rate Associates, Inc., in association with Robert W. may be set forth for a certain impact fee land use Burchell, Ph.D., as updated annually, and in category, and as such rate in the schedule may, accordance with the indexing methodology speci- from time to time, be amended. Notwithstanding fled in the current and adopted emergency medi- any other provision of this chapter, educational cal services impact fee study. impact fees will be imposed on individual sites in (Ord. No. 01-13, § 1; Ord. No. 2006-09, § 3; Ord. recreational vehicle parks at the same rate as No. 07-57, § 7) may then apply to mobile home sites, unless the schedule, as now adopted, or as may hereafter be Sec. 74-307. Same—Educational facilities im- amended, provides otherwise. pact fee. (g) Annual mid-cycle educational facilities im- (a) Short name. This section may be known as pact fee rate indexing. Beginning on May 9, 2006, lip/ the county shall commence a three-year educa- "Special Requirements for Educational [Facili- tional facilities impact fee update cycle pursuant ties] Impact Fee". to subsections 74-201(b) and 74-502(a) of this chapter. During each of the two mid-years be- (b) Purpose. The purpose of this section is to tween updates, the county shall implement ad- tailor the general common requirements of this justments based upon the percentages of increase chapter to the specific requirements of educa- set forth in the adopted "Collier County Impact tional impact fees. In addition, the board recog- Fee Indexing Study" prepared by Tindale-Oliver nizes that the school board policy is that the and Associates,Inc.,in association with Robert W. improvements and additions to the educational Burchell, Ph.D., as updated annually, and in system required to accommodate future growth accordance with the indexing methodology speci- shall be funded by the revenue derived from the fled in the current and adopted educational facil- impact fees as well as by existing revenue sources, ities impact fee study. therefore credit shall be given for tax revenue (Ord. No. 01-13, § 1; Ord. No. 2006-21, § 2; Ord. sources which have been utilized in prior years for No. 07-57, § 8) the funding of educational system improvements or additions. In the event that this policy is Sec. 74-308. Same—Correctional impact fee. altered by the subsequent action of the school board, or if additional revenue is received and (a) Short name. This section may be known as committed to necessitated improvements and ad- "Special Requirements for Correctional Impact ditions of the educational system, the impact fee Fee." shall be adjusted at the periodic review required herein and credit shall be given for any revenue (b) Purpose. The purpose of this section is to which has been utilized for growth-required im- tailor the general common requirements of this provements and additions to the educational sys- chapter to the specific requirements of correc- tern. tional impact fees. Supp.No.54 CD74:46 IMPACT FEE REGULATIONS §74-309 (c) Limitation on applicability. See section 74- facilities that are required to accommo- 103. date the use of such facilities within the districts. (d) Payment. See section 74-202. (c) Limitation on applicability. Notwithstand- (e) Use of funds. See section 74-203. ing the general applicability provisions set forth in section 74-103,fire impact fees shall be limited (f) Impact fee rates. The correctional impact as follows: fee rate schedule incorporated in schedule 4 is (1) For purposes of the fire impact fees, de hereby adopted and the correctional impact fees velopment shall include only development established in the correctional impact fee rate schedule are hereby imposed on all development on lands within the Isles of Capri Fire as required in this chapter at a rate established District and the Ochopee Fire District as under the applicable impact fee land use catego described below. ries. (2) The fire impact fee shall provide funds only for off-site improvements to fire facil- (g) Annual mid-cycle correctional impact fee ities within the fire impact fee district rate indexing. Beginning on November 1, 2005, where the development is located. the county shall commence a three-year Correc- tional Impact Fee update cycle pursuant to sub- sections 74-201(b) and 74-502(a) of the Code. In establishes the following fire impact fee each of the two mid-cycle years (between the districts: formal three-year updates) the county shall im- a. Isles of Capri Fire District: Sections plement adjustments to the correctional impact 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, fee rates based upon the building cost index 33, and 34 of Township 51 South, percentage set forth in the adopted"Collier County Range 26 East,and those portions of Impact Fee Indexing Study"prepared by Tindale- Sections 4, 5, and 6 of Township 52 Oliver and Associates, Inc., in association with South,Range 26 East,which lie north Robert W. Burchell, Ph.D., as updated annually, of the Marco River. and in accordance with the indexing methodology b. Ochopee Fire District: All of Town- specified in the current and adopted correctional ship 50S of Range 34E; Township impact fee study. 51S of Range 34E; Township 52S of (Ord. No. 01-13, § 1; Ord. No. 2005-47, § 4; Ord. Range 34E; Township 53S of Range No. 2006-15, § 1; Ord. No. 07-57, § 9) 34E; Township 50S of Range 33E; Township 51S of Range 33E; Town- Sec. 74-309. Same-Fire impact fee. ship 52S of Range 33E; Township 53S of Range 33E; Township 50S of (a) Short name. This section may be known as Range 32E; Township 51S of Range "Special Requirements for Fire Impact Fee." 32E; Township 52S of Range 32E; Purpose. Township 53S of Range 32E; Town- (b) ship 50S of Range 31E; Township (1) The purpose of this section is to tailor the 51S of Range 31E; Township 52S of general common requirements of this chap- Range 31E; Township 53S of Range ter to the specific requirements of fire 31E; Township 50S of Range 30E; impact fees. Township 51S,Range 30E;Township 52S, Range 30E; Sections 1, 2, 3, 4, (2) The board specifically finds that future 5, 6, 7, 8, 9, 10, 11, 12 and that growth within the Isles of Capri Fire portion of Chokoloskee Island con- District and the Ochopee Fire District tamed in Sections 30 and 31, Town- should contribute its fair share to the cost ship 53S, Range 30E; Sections 1, 2, of improvements and additions to the fire 11, 12, 13, 14, 23, 24, 25, 26, 35 and Supp.No.54 CD74:47 §74-309 COLLIER COUNTY CODE 36, Township 52S, Range 29E; Sec- Sec. 74-310. Same-General government tions 1, 2, 11, 12, 13, 14, 18, 19, 20, building impact fee. 21, 22, 23, 24, 25,26, 27, 28, 35,and (a) Short name. This section may be known as 36, Township 52S, Range 29E; Sec- "special requirements for the general government tions 1, 2, 11, 12, 13, 14, 23, 24, 25, building impact fee." 26 and 36, Township 53S, Range 29E;including the incorporated area (b) Purpose. The purpose of this section is to of the city of everglades being more tailor the general common requirements of this particularly described as the Town of chapter to the specific requirements of general Everglades as described in Plat Book government building impact fees. 1, pages 87-95 of the Public Records (c) Limitation on applicability. See section 74- of Collier County,Florida;and includ- 103. ing Sections 3,4,5,6,8,9, 10, 11,13, 14, and 24, Township 52S, Range (d) Payment. See section 74-202. 28E;Sections 35 and 36 and all that (e) Use of funds. See section 74-203. area south and east of State Road 92 within Section 34, Township 51S, (f) Impact fee rates. The general government Range 27E;Section 1,Township 52S, building impact fee rate schedule incorporated in Range 27E. Schedule Nine is hereby adopted and the general government building impact fees established in (d) Payment. See section 74-202. the general government building impact fee rate schedule are hereby imposed on all development (e) Use of funds. See section 74-203. as required in this chapter at a rate established under the applicable impact fee land use catego- (f) Impact fee rates. The fire impact fee rate Ties subject to the following limitations: schedule incorporated in schedule 5 is hereby (1) That for one-year from [the effective date adopted and the fire impact fees established in of this ordinance]the rates set forth in the the fire impact fee rate schedule are hereby im- then currently adopted general govern- posed on all development as required in this ment building impact fee rate schedule ordinance at a rate established under the appli- shall be applied at 75 percent of the then cable impact fee land use categories. applicable rate; (2) That for one year following the one-year (g) Annual mid-cycle fire impact fee rate index- period in (1) above, the fee to be applied ing. Beginning on February 28, 2006, the county will be 85 percent of the then applicable shall commence a three-year fire impact fee up- rate; and date cycle pursuant to subsections 74-201(b) and 74-502(a)of the Code.In each of the two mid-cycle (3) That at the end of the time period set years (between the formal three-year updates) forth in(2)above,and thereafter,the rate the county shall implement adjustments to the to be applied will be 100 percent of the fire impact fee rates based upon the percentages then applicable rate. of increase set forth in the adopted"Collier County (g) Annual mid-cycle general government build- Impact Fee Indexing Study"prepared by Tindale- ing impact fee rate indexing. Beginning February Oliver and Associates, Inc., in association with 10,2004,the county shall commence a three-year Robert W. Burchell, Ph.D., as updated annually, general government building impact fee update and in accordance with the indexing methodology cycle pursuant to subsections 74-201(b) and 74- specified in the current and adopted fire impact 502(a) of this chapter. During each of the two fee study. mid-years between updates, the county shall im- (Ord. No. 01-13, § 1; Ord. No. 2006-10, § 3; Ord. plement adjustments based upon the percentages No. 07-57, § 10) of increase set forth in the adopted"Collier County Supp.No.54 CD74:48 IMPACT FEE REGULATIONS § 74-401 Impact Fee Indexing Study"prepared by Tindale- and in accordance with the indexing methodol- Oliver and Associates, Inc., in association with ogy specified in the current and adopted law Robert W. Burchell, Ph.D., as updated annually, enforcement impact fee study. and in accordance with the indexing methodol- (Ord. No. 2005-28, § 8; Ord. No. 07-57, § 12) ogy specified in the current and adopted general government building impact fee study. Secs. 74-312-74-400. Reserved. (Ord. No. 04-16, § 9; Ord. No. 2006-40, § 3;Ord. No. 07-57, § 11) ARTICLE IV. AFFORDABLE HOUSING Sec. 74-311. Special requirements for law IMPACT FEE DEFERRAL* enforcement impact fee. (a) Short name. This section may be known as Sec. 74-401. Impact fee deferral. "Special Requirements for Law Enforcement (a) Applicability. Impact Fee." (1) Pursuant to the requirements established (b) Purpose. The purpose of this section is to in this section and article IV, the county tailor the general common requirements of this shall defer the payment of the impact fee chapter to the specific requirements of law enforce- for any new owner-occupied or rental ment impact fees. dwelling unit which qualifies as afford- able housing under this article. (c) Limitation on applicability. The collection and expenditure of law enforcement impact fees (2) Any person seeking an affordable hous- shall be limited to the unincorporated area of ing deferral for a proposed dwelling unit Collier County and the incorporated area of the shall file with the county manager an City of Everglades. application for deferral and the deferral shall be fully executed and recorded prior (d) Payment. See section 74-202. to issuance of a temporary or final (e) certificate of occupancy or payment of Use of funds. See section 74 203. impact fees. The application for deferral (f) Impact fee rates. The law enforcement shall contain the following: impact fee rate schedule incorporated in schedule a. The name and address of the ten is hereby adopted and the law enforcement applicant; impact fees established in the law enforcement b. An up to date,complete legal descrip- impact fee rate schedule are hereby imposed on tion of the site upon which the all development as required in this chapter at a dwelling unit is proposed to be rate established under the applicable impact fee located; land use categories. c. The maximum income level of the (g) Annual mid-cycle law enforcement impact proposed owner or tenant, or if the fee rate indexing. Beginning June 14, 2005, the owner is a developer or builder, the county shall commence a three-year law enforce- income level of the household to ment impact fee update cycle pursuant to subset- which the dwelling unit it is to be tions 74-201(b) and 74-502(a) of this article. In sold or provided for occupancy; each of the two mid-cycle years (between the formal three-year updates)the county shall imple d. The square footage and number of ment adjustments based upon the percentages of bedrooms in each dwelling unit of increase set forth in the adopted "Collier County the development. Impact Fee Indexing Study"prepared by Tindale *Editor's note—Section 4 of Ord. No. 2005-40 renamed Oliver and Associates, Inc., in association with art. IV to read as herein set out. Formerly, art. IV was Robert W. Burchell, Ph.D., as updated annually, entitled"Affordable Housing Impact Fee Waiver or Deferral." Supp. No. 77 CD74:49 74-401 COLLIER COUNTY CODE (3) If the proposed development meets the is satisfied that the household can afford requirements for an affordable housing mortgage payments in excess of the 30 deferral as set forth in this article, the percent benchmark. county manager may, but is not required (3) A dwelling unit shall qualify as "owner- to, enter into an impact fee deferral occupied" if: agreement and is authorized to execute such deferral agreements along with any a. written affirmation from the developer to the county guarantees corresponding tri-party agreement intended to further define repayment that the requisite affordable hous obligations, as may be applicable, with ing units will be constructed, and the owner or applicant. The impact fee b. the affirmation is in effect at the deferral agreement shall be accepted by date of execution of the impact fee the county in lieu of prompt payment of deferral agreement by the county, the impact fee that would otherwise then and be due and payable but for the agree- c. within six months from the date of ment. issuance of the certificate of occupancy,any option to purchase is (4) Unless specifically provided to the exercised and the qualifying contrary by majority action of the board, purchaser takes ownership of the such as by an agreement or condition of dwelling unit. development, water and sewer impact fees are fully exempt from all rental (4) If the qualifying purchaser fails to impact fee deferral programs. purchase the dwelling unit within the six-month period, then: `/ (b) Qualifying owner-occupied dwelling. To a. the deferred impact fee is considered qualify for an affordable housing impact fee in default as of the date that the fee deferral, an owner-occupied dwelling unit must would have been due without the meet all of the following criteria: deferral; and b. the applicant shall pay all of the (1) The owner(s) or anticipated owner(s) of impact fees, including delinquency dwelling unit must have an extremely fees and interest dating back to the low, very low, low, or moderate-income date that the fees would have been level,at the time of final execution by the assessed but for the deferral as county of a deferral agreement as those provided in section 74-501. income level terms are defined in section 74-402. (5) The owner, or if there is more than one owner, both of the owners, must be a (2) The monthly mortgage payment, includ- first-time home buyer. To qualify as a ing taxes and insurance,must not exceed first-time home buyer, the owner must 30 percent of that amount which not have had an ownership interest in represents the percentage of the median his/her primary residence in the past annual gross income for the applicable three years. household category as indicated in sec- (6) The dwelling unit must be the homestead tion 74-402. However, it is not the intent of the owner(s). The owner(s) of the to limit an individual household's ability dwelling unit must be at least 18 years of to devote more than 30 percent of its age and must be either citizen(s) of the income for housing,and housing for which United States or be a legal alien who a household devotes more than 30 percent permanently resides in the United States. of its income shall be deemed affordable Proof of United States Citizenship or if the first institutional mortgage lender permanent legal residency must be Supp. No. 77 CD74:50 / IMPACT FEE REGULATIONS § 74-401 established to the county's sole satisfac- Corporation or any other local,state, tion. The dwelling unit must be granted or federal agency, based on unit a homestead tax exemption pursuant to size. F.S. ch. 196. (d) Repayment for owner-occupied units. (7) No more than 50 deferral agreements are permitted at any single time for an (1) All impact fees deferred for owner- individual developer, or for any develop- occupied dwelling units shall become due ments that are under common owner- and payable and shall be immediately ship. For purposes of this subsection, paid in full to the county upon: "common ownership" means ownership a. The sale of the dwelling; or by the same person, corporation, firm, entity, partnership, or unincorporated b. Refinancing of the purchase association; or ownership by different mortgage or loans secured by senior corporations, firms, partnerships, enti- real property security instruments; ties, or unincorporated associations, in or which a stockbroker, partner, or associ- ate, or a member of his family owns an c. A loss of the homestead exemption interest in each corporation,firm,partner- under Section 4, Article X of the ship, entity, or unincorporated associa- tion. d. The first occurrence of any sale or transfer of any part of the affected (c) Qualifying rental dwelling unit. real property, and in any such event (1) To qualify for an impact fee deferral, a the deferred impact fees shall be dwelling unit offered for rent must meet paid in full to the county not later all of the following criteria: than the closing of the sale, or not later than the effective date of the a. The household renting the dwelling transfer. unit,including any rental multifam- ily dwelling unit, must have an (2) Repayment shall include any accrued extremely low, very low, low, or interest. Interest shall be computed at moderate income level, at the com the rate of five percent per annum,but in mencement of the leasehold and no event shall it exceed 25 percent of the during the duration thereof,as those total fee amount. terms are defined in section 74-402. (3) Notwithstanding anything in subsection b. The dwelling unit must be and must (d)(1) of this section 74-401, the director remain the household's permanent of the Community and Human Services residence. The head of the household Division of the Public Services Depart- must be at least 18 years of age and ment may waive the triggering of the must be either a citizen of the United obligation to pay deferred impact fees States or be a legal alien who due to a refinancing if the director permanently resides in the United determines that the refinancing is for States. improvements or repairs to the dwelling that will enhance the value of the dwell- c. In no instance shall rental limits ing, and is of such a nature as not to exceed the rental limits established justify that the deferred impact fees should by the Florida Housing Finance become due and payable because of the Corporation for rents adjusted to sale, transfer, or refinancing. bedroom size in projects assisted under the, Florida Housing Finance (e) Reserved. Supp. No. 77 CD74:51 V 74-401 COLLIER COUNTY CODE (f) Repayment obligations. the foregoing,all outstanding impact fees deferred shall be paid in full upon sale or (1) Generally. The impact fees deferred shall transfer of the dwelling unit. be a lien on the property until all require- ments under this article and the agree- (g) Deferral agreements. The owner receiving ment have been satisfied. an impact fee deferral shall enter into a deferral agreement of impact fee agreement with the (2) Rentals. county. A separate deferral agreement shall be a. Annually, the owner (i.e., lessor) of executed for each qualifying owner-occupied dwell- a rental dwelling unit, including ing or qualifying rental development. While applicants are required to enter into a deferral any multi family rental dwelling agreement in order to receive a deferral of unit, shall provide to the county manager an affidavit of compliance impact fees, nothing in this section requires the with the criteria set forth in this county to enter into a deferral agreements. The section. The affidavit must be filed deferral agreement shall provide for, at a within 30 days of the anniversary minimum,the following and shall further include date of the issuance of a certificate such provisions deemed necessary by the board of occupancy, or at another mutu to effectuate the provisions of this article: ally agreed on date. If the affidavit (1) The legal description of the dwelling is not filed on time the affiant shall unit. pay to the county a $50.00 late fee. (2) Where an impact fee deferral is given to b. If the income of any unit renter an owner who will be selling or renting which originally qualified as very the dwelling unit to a subsequent low, low, or moderate income level purchaser or renter, the development as defined in section 74-402, below, must be sold or rented to households exceeds the standards set forth in meeting the criteria set forth in this subsection (c) by more than 40 article in order to maintain the deferral. percent, then the deferred impact (3) For each such owner-occupied dwelling fee shall become immediately due unit, the amount of impact fees deferred and payable by the owner or, in the shall be paid to the county in full upon alternative,the owner shall have 90 sale. For rental units, including any days to comply with the affordable multifamily dwelling unit, the impact housing standards set forth in this fees deferred shall in all events be due section. Developments which are and payable no later than ten years after then monitored by the Florida Hous- the execution by the county of the impact ing Finance Corporation, or any fee deferral agreement. Payment of other state or federal agency, will deferred impact fees for qualifying rental not be required to file this separate multifamily units may be extended beyond affidavit of compliance with the 10 years on a case-by-case basis with county manager. The applicant shall majority approval by the Board of County provide a true copy of these monitor- Commissioners. Such fees shall be acceler- ing reports to the Community and ated and thereby be automatically due Human Services Division. and payable prior to that time period if (3) Owner-occupied dwelling units. If the there is any breach in the subject impact household income of the qualified owner fee deferral agreement by the noncounty occupied dwelling unit rises above the party. standards for deferrals set forth in subsec- (4) The deferred impact fees shall be a lien tion (b) of this section, the owner shall on the property. The lien may be foreclosed maintain the deferral. Notwithstanding upon in the event of noncompliance with Supp. No. 77 CD74:52 IMPACT FEE REGULATIONS §74-401 the requirements of the agreement. The ing three percent of the previous years' agreement described herein shall oper- total impact fee collections,not including ate as a lien against the dwelling unit. water and wastewater impact fees with The lien shall terminate upon the record- no roll over in funding. ing of a release or satisfaction of lien in (2) Deferrals shall be available on a first- the public records of the county. Such come, first-served basis. If the requests release shall be recorded upon payment for deferrals exceed the number of defer- in full or completion of the terms. Neither rals available, the county manager may the deferred impact fees nor the agree allocate deferrals based on the extent to ment providing for the deferral of impact which the deferrals implement the fees shall be transferred, assigned, comprehensive plan, or other criteria credited or otherwise conveyed from the based on policies and procedures that dwelling unit. The deferrals of impact may be adopted by the board of county fees and the agreement thereto shall run with the land. commissioners. (5) Upon satisfactory completion of the (3) The county manager shall maintain a tracking system to ensure that the agreement's requirements, the county aggregate amount of impact fee deferrals shall record any necessary documenta do not exceed the deferral ceilings tion evidencing same, including, but not established in this subsection. limited to, a release of lien. (4) The aggregate amount of impact fee rental (6) In the event the owner is in default deferrals granted pursuant to subsection under the agreement, and the default is (c) of this section shall be limited, in not cured within 30 days after written total, to 225 units per fiscal year with no notice is provided to the owner,the board rollover of units. The 225-unit limit may may at its sole option collect the impact be exceeded on a case-by-case basis with fee amounts in default as set forth by majority approval by the Board of County article V, section 74-501, or bring a civil Commissioners. action to enforce the agreement or declare that the deferred impact fees are then in (i) Amendments. Any changes or amendments default and immediately due and pay- to this article or the minimum funding require- able. The board shall be entitled to recover ments adopted in this article must occur as an all fees and costs, including attorney's ordinance amendment at a public hearing of the fees and costs, incurred by the county in board of county commissioners. enforcing the agreement, plus interest at the then maximum statutory rate for (1) Eligible dwelling unit categories. Agree- judgments calculated on a calendar day ments for the deferral of impact fees for afford- able housing may only be approved for the basis until paid. following types of dwelling units: (7) The agreement shall be binding upon the (1) Single-family residences that are fully owner's successors and assigns. detached, and either owner-occupied or (8) The agreement shall be recorded in the rental dwelling units, or official records of the county at no cost to (2) Owner-occupied or rental dwelling units the county. in a residential condominium,townhouse (h) Ceiling on deferrals. or duplex structure, or (1) The aggregate amount of impact fee owner (3) Rental(leased)multifamily dwelling units. occupied deferrals granted pursuant to (4) Rental modular homes that meet, as a subsection (b) of this section shall be minimum, the then current standards of limited,in total,to an amount not exceed- F.S. ch. 553,for homeownership or rental, Li Supp. No. 77 CD74:52.1 Li' 74-401 COLLIER COUNTY CODE and that bear the department of corn- financial instruments which will yield the full munity affairs insignia seal certifying amount of the deferred impact fees when they that the structure is in compliance with may become due and payable. the Florida Manufactured Buildings Act of 1979, as amended or superseded. (m) Timing of payment. Any units meeting the requirements of this subsection that are sold (5) Rental mobile homes that are constructed below the maximum home sales price in Collier to then applicable standards promulgated County for Florida Housing Finance Corporation by the United States Department of Hous- Programs, or qualify for and enter into an ing and Urban Development (HUD) and approved deferral agreement shall not be required that bear a two inch by four inch metal, to pay the impact fees applicable for the unit or rectangular red and silver certification building any sooner than issuance of a certificate label on each section of the home certify- of occupancy or certificate of completion for the ing that the home has been inspected in building permit for construction or as may accordance with HUD requirements, and otherwise be set forth in such waiver or deferral that have been constructed in conformance agreement. In order to obtain a certificate of with federal manufactured home construc- adequate public facilities concurrently with the tion and safety standards in effect on the issuance of the final site development plan or date of manufacture. plat, the applicant shall first enter into an (k) Apartment complexes/multifamily dwell- approved deferral agreement with Collier County ing units. Notwithstanding any provisions or provide a notarized affidavit to the county elsewhere in this chapter to the contrary, any manager, which must include the following: owner that develops an affordable housing rental (1) Name of project, legal description and apartment complex, consisting in whole or part number assigned by Collier County to f rental multifamily dwelling units serving the development order; ‘1119extremely low, very low, low, and/or moderate (2) Name of applicant and owner, if differ- income levels and meeting all requirements, and subject to all conditions, of this article shall be ent; entitled to defer 100 percent of the impact fees (3) Number of dwelling units; applicable only to such rental multifamily dwell (4) Statement of intent that the subject dwell- ing units serving extremely low, very low, low ing unit sales price will meet the afford and/or moderate-income levels if: (i) all such ability guidelines of the Florida Housing deferred impact fees are paid on or before the Finance Corporation for Collier County. end of ten years from the date such impact fees are deferred; and (ii) the, rental apartment (n) Certificate of occupancy requirements on development shall remain affordable housing filing of affidavit. Prior to the issuance of a qualified(under this article)for a minimum of 30 certificate of occupancy for individual dwelling years from initial occupancy. Payment of deferred units which have provided the foregoing affidavit impact fees for qualifying rental multifamily instead of entering into a deferral agreement units may be extended beyond 10 years on a with Collier County, the applicant must also case-by-case basis with majority approval by the provide a copy of the executed sales contract to Board of County Commissioners. the county manager demonstrating a qualifying (1) Subordination. Impact fee deferrals for all sales price. A copy of the closing statement owner-occupied dwelling units, will automati demonstrating a qualifying sales price will be cally be subordinate to the owner's first mortgage provided to the county manager within ten days and/or any government funded affordable hous of the closing of the sale of each qualifying ing loan such as SAIL or HOME loan. Impact fee dwelling unit. deferrals may also be similarly subordinated in (o) Violations. Failure to adhere to the require- the case of rental dwelling units, but only if the ments set forth by this section may result in the 'wner provides additional cash equivalent impact fees becoming immediately due and pay- Supp. No. 77 CD74:52.2 IMPACT FEE REGULATIONS §74-501 able and payment being considered delinquent determined by the Secretary of the U.S. from the date of the notarized affidavit and then Department of Housing and Urban becoming subject to the collection provisions Development. provided for in article V, section 74-501, includ- ing payment of delinquency fees and interest. (d) 'Moderate income households" means whose incomes are more than 80 percent (p) Transitional provisions.The following provi- but do not exceed 120 percent of the sions apply to any impact fee deferrals or median income for the area as determined reimbursements that were granted prior to August by the Secretary of the U.S. Department 1, 2005: of Housing and Urban Development. (1) Any deferral agreement that was executed (Ord. No. 01-13, § 1,3-13-01;Ord. No. 02-34, §3, prior to August 1, 2005, shall continue in 6-25-02; Ord. No. 2005-40, § 4; Ord. No. 2018- effect in accordance with its terms 28, § 2) consistent with the requirements in effect at the time that the deferral agreement Secs. 74-403-74-500. Reserved. was executed. (2) If reimbursement is required pursuant to an impact fee deferral or waiver that ARTICLE V. MISCELLANEOUS was paid with State Housing Initiatives PROVISIONS Partnership (SHIP) Program funds, pay- ment will be made to the county afford- Sec. 74-501. Collection of impact fees in able housing trust fund. default. (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 02-34, §2, 6-25-02; Ord. No. 02-58, § 1, 11-5-02; Ord. No. Whenever the county determines that an impact 03-25, §§ 2, 3, 5-27-03; Ord. No. 2005-40, § 4; fee was not paid for a building permit for the Ord. No. 2006-40, § 4; Ord. No. 07-84, § 1; Ord. affected development, the county shall proceed No. 2014-04, §6;Ord. No. 2016-18, § 2;Ord. No. to collect the impact fee as follows: 2016-30, § 1; Ord. No. 2018-28, § 1) (1) The county shall serve, by certified mail, Sec. 74-402. Affordable housing definitions. return receipt requested, or by any other then lawful means of delivery, a "notice The following sets forth the applicable defini of impact fee statement" upon the tions for affordable housing dwelling units: applicant at the address set forth in the (a) 'Extremely low income households"means application for building permit, and the households whose incomes do not exceed owner at the address appearing on the 30 percent of the median income for the most recent records maintained by the area as determined by the Secretary of property appraiser of the county. The the U.S. Department of Housing and county shall also attach a copy of the Urban Development. "notice of impact fee statement" to the (b) 'Very low income households" means building permit posted at the affected households whose incomes do not exceed development site if the building is under 50 percent of the median income for the construction. Service shall be deemed area as determined by the Secretary of effective on the date the return receipt the U.S. Department of Housing and indicates the notice was received by either Urban Development. the applicant or the owner or the date said notice was attached to the building (c) "Low income households" means permit, whichever occurs first, or by any households whose incomes are more than other evidence of the date that the"notice" 50 percent but do not exceed 80 percent was received by the addressee. The"notice of the median income for the area as of impact fee statement" shall contain a 11101 Supp. No. 77 CD74:52.3 74-501 COLLIER COUNTY CODE description of the property and shall delinquent owner or trustee at the address advise the applicant and the owner as appearing on the most recent records follows: maintained by the property appraiser of a. The amounts due as calculated under the county. The notice of lien shall notify section 74-201 and each of sections the delinquent applicant and delinquent 74-302 through 74-309, inclusive, owner or trustee that due to their failure and the general purpose for which to pay the impact fee,the county may file the impact fee was imposed; a claim of lien with the clerk of the circuit court. b. The date that the impact fee became delinquent, and that as of that date (4) In the event the recipient of a notice of the unpaid impact fee became subject delinquency or claim of lien disputes any to the delinquency fee, and that material aspect of either notice, the interest began to accrue on that applicant, upon paying the impact fee date, and that such interest will amounts set forth in the respective notice, continue to accrue thereafter until may file a written appeal petition with all amounts due are paid in full; the board not later than 30 days after receipt of such notice. In reviewing the c. That in the event the impact fee decision,the board shall use the standards and the delinquency fee are paid in established herein. The appeal petition full within 30 days after receipt of must advise the board of all disputed the "notice," all interest that would issues regarding the amount due and have otherwise accrued will be shall explain the precise basis the waived; applicant asserts that the notice is incor- kri d. That in the event the impact fee is rect. not paid in full within 30 days after (5) If the total impact fees have not been receipt of the"notice",a lien against received by the county within 30 days of the property for which the building the posting of the notice of claim of lien permit was secured may be recorded (or receipt of the notice by the owner or in the official records book of the trustee), the county attorney may then, county for all amounts then due after approval by the board. regardless of the filing of any appeal petition,request the board to approve, at (2) Upon becoming delinquent,a delinquency a regularly scheduled public meeting, fee equal to ten percent of the total the filing of a claim of lien with the clerk impact fee imposed shall be assessed. of the circuit court and recording same in Once delinquent, the total impact fee, the official records of the county. The plus delinquency fee, shall bear interest recorded claim of lien shall contain the at the then applicable statutory rate for legal description of the property, the final judgments calculated on a calendar amount of the delinquent impact fee, day basis, until paid in full, as required plus the delinquency fee and interest, in subsections 74-501(1)c. or d., above. and the date the impact fee became due. (3) Should the impact fee not be paid promptly Once recorded, the claim of lien shall as set forth in subsection 74-501(2), the constitute a lien against the property county shall serve,by certified mail return described therein. The county attorney receipt requested, or by any other then may proceed expeditiously to collect, foreclose, or otherwise enforce said lien. lawful means of delivery, a "Notice of lien" upon the delinquent applicant, if (6) After the expiration of 30 days from the the building is under construction at the date of recording of the claim of lien, as address indicated in the application for provided herein, a suit may be filed to the building permit, and upon the foreclose said lien. Such foreclosure Supp. No. 77 CD74:52.4 IMPACT FEE REGULATIONS §74-502 proceedings shall be instituted,conducted waiver of its rights to proceed under any and enforced in conformity with the other ordinances or administrative regula- procedures for the foreclosure of municipal tions of the county or any applicable law special assessment liens, as set forth in or administrative regulation of the State F.S. ch. 173, as then amended, which of Florida. provisions are hereby incorporated herein (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 2014-04, in their entirety to the same extent as if § 7) such provisions were set forth herein verbatim. Sec. 74-502. Update requirement. (7) The liens for delinquent impact fees imposed hereunder shall remain liens, (a) This chapter and the impact fee studies coequal with the lien of all state, county, shall be reviewed by the board initially in con- district and municipal taxes, superior in nection with its approval of the capital improve- dignity to all other filed liens and claims, ments element of its comprehensive plan as until paid as provided herein. then, and to the extent, required by F.S. (8) The foregoing paragraphs of this section § 163.3177. This chapter and the impact fee notwithstanding, all impact fees not paid studies should be reviewed at least every three to the county in full when due shall years. All reviews shall consider new estimates automatically become "delinquent." of population and other socioeconomic data; Moreover,when any impact fees becomes changes in construction, land acquisition and delinquent anywhere throughout the uni- related costs and adjustments to the assump- fled whole of the respective development, tions, conclusions or findings set forth in the the county is authorized to withhold studies adopted by section 74-106. The purpose every then unissued development order(s) of this review is to evaluate and revise, if assure applied for by, or on behalf of, the that they do not exceed the reasonably anticipated landowner or the developer, and in addi- costs associated with the improvements and tion apply any and all of the civil penal- additions necessary to offset the demand on the ties and remedies set forth in the public facilities generated by development. In enforcement division of the county land the event the review of this chapter alters or development code until all such delinquent changes the assumptions, conclusions and find- impact fees have been paid to the county ings of the studies adopted by reference in in full. "Development order" shall mean section 74-106, revises or changes the public each item included in the definition of facilities, or alters or changes the amount of "development order" as then defined in impact fees, the studies adopted by reference in the County's "Adequate Public Facilities section 74-106 shall be amended and updated to Ordinance" and/or as then defined in F.S. reflect the assumptions, conclusions and find- § 163.3614,(as may then be renumbered). ings of such reviews;also section 74-106 shall be In this context,phases in phased develop- amended to adopt by reference such updated ments shall be disregarded. studies. (9) The collection and enforcement procedures set forth in this section shall be cumula- (b) Simultaneous with the review of the impact tive with, supplemental to and in addi- fee studies required in subsection (a) of this tion to, all other applicable procedures section,the board shall review the capital improve- provided in any other ordinances or ments element to determine the availability and administrative regulations of the county adequacy of revenue sources to construct improve- or any applicable law or administrative ments and additions to the public facilities regulation of the State of Florida. Failure determined in the impact fee study to be required of the county to follow the procedure set to accommodate existing development. forth in this section shall not constitute a (Ord. No. 01-13, § 1, 3-13-01) Loi Supp. No. 77 CD74:52.5 74-503 COLLIER COUNTY CODE Sec. 74-503. Incorporation of administra- tive procedures manual. The currently existing administrative procedures manual(s) for the public facilities impact fee are incorporated and referenced herein except to the extent that it conflicts or varies the terms of this chapter. Such administrative procedures manual(s) shall continue to be incorporated and referenced herein until such time as amended by resolution or other action of the board. (Ord. No. 01-13, § 1, 3-13-01) Sec. 74-504. Declaration of exclusion from Administrative Procedures Act. Nothing contained in this chapter shall be construed or interpreted to include the county or any municipality in the county in the definition of agency contained in F.S. § 120.52, or to otherwise subject the county, any municipality, district, or other entity in the county to the application of the Administrative Procedures Act, to wit: F.S. ch. 120. This declaration of itent and exclusion shall apply to all proceed- ngs taken as a result of or pursuant to this chapter including specifically, but not limited to, consideration of a determination of entitlement to an impact fee waiver or authorization for deferral pursuant to section 74-202. (Ord. No. 01-13, § 1, 3-13-01) Supp. No. 77 CD74:52.6 IMPACT FEE REGULATIONS Ch. 74,App. A APPENDIX A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 1 -Effective November 13,2019 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $805.19 Per Dwelling Unit Condo/Townhouse(1-2 Stories) $4,844.91 Per Dwelling Unit High-Rise Condominium(3+Stories) $3,510.36 Per Dwelling Unit Mobile Home $3,146.48 Per Dwelling Unit Multi-Family(Apartments) 1-10 Stories $5,541.89 Per Dwelling Unit Multi-Family(Apartments)>10 Stories $3,531.57 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $2,787.92 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $7,443.99 Per Dwelling Unit 4,000 sq. ft. or larger $8,958.89 Per Dwelling Unit Non-Residential Auto Sales-Luxury $10,946.92 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings: Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $9,988.97 Per 1,000 sq. ft. Car Wash-Automatic $33,397.71 Per 1,000 sq. ft. Car Wash-Self-Service $10,395.28 Per Service Bay Church $286.00 Per Seat College/University(Private) <7,501 Students _$1,748.28 Per Student >7,500 Students $1,311.21 Per Student Convenience Store(24 hours) $69,707.46 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $8,203.56 Per 1,000 sq. ft. Day Care $1,025.84 Per Student Furniture Store $2,706.23 Per 1,000 sq. ft. Gasoline/Service Station $5,432.62 Per Fuel Position General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $7,483.24 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,900.37 Per Room Manufacturing $3,122.08 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $8.49 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $33,271.47 Per Screen Supp. No. 86 CD74:53 Ch. 74,App. A COLLIER COUNTY CODE Im•a i.1 ><zT:M 11144;;104 Nursing Home $1,031.15 Per Bed Office 6,000 sq. ft. or less $8,605.00 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $7,344.27 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $6,665.33 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $28,313.05 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $19,443.28 Per 1,000 sq. ft. Pharmacy/Drug Store $10,165.07 Per 1,000 sq. ft. Quick Lube $10,696.56 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $96,567.14 Per 1,000 sq. ft. Restaurant-High Turnover $1,757.83 Per Seat Restaurant-Low Turnover $1,129.81 Per Seat Retail 6,000 sq. ft. or less $5,696.77 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $13,743.32 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $12,989.06 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $12,802.35 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $13,351.87 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $13,597.99 Per 1,000 sq. ft. RV Park $1,226.34 Per Site School-Elementary(Private) $728.80 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $19,163.21 Per 1,000 sq. ft. Tire Store $8,178.10 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 01-13, § 1, 3-13-01;Ord. No. 01-63, §3, 11-13-01;Ord. No. 2006-19,App. A;Ord. No. 07-57, App. A;Ord. No. 2009-09,App. A;Ord. No. 2009-17, § 2;Ord. No. 2009-71, §4;Ord. No. 2010-38, § 2; Ord. No. 2011-05, § 1;Ord. No. 2011-19, §4;Ord. No. 2011-44,§ 1;Ord. No. 2015-17,App. A;Ord. No. 2019-48, § 4(Att.)) LSupp. No. 86 CD74:54 IMPACT FEE REGULATIONS Ch. 74,App. A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 2 -Effective March 30,2020 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $831.86 Per Bed Condo/Townhouse(1-2 Stories) $5,539.59 Per Dwelling Unit High-Rise Condominium(3+Stories) $4,059.36 Per Dwelling Unit Mobile Home $3,288.22 Per Dwelling Unit Multi-Family Housing(Low-Rise 1-2 Floors) $6,006.56 Per Dwelling Unit Multi-Family Housing(Mid-Rise,3-10 Floors) $5,174.00 Per Dwelling Unit Multi-Family Housing(High-Rise>10 Floors) $3,762.05 Per Dwelling Unit Mid-Rise Residential w/lst Floor Commercial $3,265.00 Per Dwelling Unit High-Rise Residential w/lst Floor Commercial $1,903.00 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $3,037.10 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $7,657.17 Per Dwelling Unit 4,000 sq. ft. or larger $9,257.57 Per Dwelling Unit 'Non-Residential Auto Sales-Luxury $11,419.84 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings:Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $10,421.94 Per 1,000 sq. ft. Car Wash-Automatic $35,016.46 Per 1,000 sq. ft. Car Wash-Self-Service $10,874.68 Per Service Bay Church $286.00 Per Seat College/University(Private) <7,501 Students $1,822.44 Per Student >7,500 Students $1,367.90 Per Student Convenience Store(24 hours) $73,820.10 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $8,573.64 Per 1,000 sq. ft. Day Care $1,049.32 Per Student Furniture Store $3,025.59 Per 1,000 sq. ft. General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $7,823.39 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,924.67 Per Room Manufacturing $3,289.37 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $10.31 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $35,784.59 Per Screen Nursing Home $1,111.95 Per Bed �,/ Supp. No. 86 CD74:55 Ch. 74,App. A COLLIER COUNTY CODE Im•act F Y3 :ilcgvj.•` Office 6,000 sq. ft. or less $8,605.00 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $7,760.31 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $7,305.42 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $29,346.27 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $20,272.15 Per 1,000 sq. ft. Pharmacy/Drug Store $10,974.54 Per 1,000 sq. ft. Quick Lube $11,192.04 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $99,109.75 Per 1,000 sq. ft. Restaurant-High Turnover $1,776.37 Per Seat Restaurant-Low Turnover $1,140.76 Per Seat Restaurant-Fast Casual $68,107.00 Per 1,000 sq. ft. Restaurant-Fast-Food w/Drive-Thru(2 meals) $95,762.00 Per 1,000 sq. ft. Retail 6,000 sq. ft. or less $5,710.05 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $13,753.45 Retail 200,001-400,000 sq. ft. $13,248.09 Retail 400,001-600,000 sq. ft. $13,122.99 Retail 600,001-1,000,000 sq. ft. $13,491.17 Retail>1,000,000 sq. ft. $13,656.07 RV Park $1,278.04 Per Site School-Elementary(Private) $757.25 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $20,287.12 Per 1,000 sq. ft. Tire Store $8,554.27 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 2015-17, App. A; Ord. No. 2017-14, § 1; Ord. No. 2019-48, § 4(Att.)) Supp. No. 86 CD74:56 IMPACT FEE REGULATIONS Ch. 74,App. A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 3 -Effective March 30,2021 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $858.52 Per Bed Condo/Townhouse(1-2 Stories) $6,234.27 Per Dwelling Unit High-Rise Condominium(3+Stories) $4,608.36 Per Dwelling Unit Mobile Home $3,429.96 Per Dwelling Unit Multi-Family Housing(Low-Rise, 1-2 Floors) $6,471.24 Per Dwelling Unit Multi-Family Housing(Mid-Rise,3-10 floors) $5,174.00 Per Dwelling Unit Multi-Family Housing(High-Rise,>10 Stories) $3,992.53 Per Dwelling Unit Mid-Rise Residential w/lst Floor Commercial $3,265.00 Per Dwelling Unit High-Rise Residential w/lst Floor Commercial $1,903.00 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $3,286.27 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $7,870.36 Per Dwelling Unit 4,000 sq. ft. or larger $9,556.26 Per Dwelling Unit Non-Residential Auto Sales-Luxury $11,892.75 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings:Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $10,854.91 Per 1,000 sq. ft. Car Wash-Automatic $36,635.20 Per 1,000 sq. ft. ` Car Wash-Self-Service $11,354.07 Per Service Bay �/ Church $286.00 Per Seat College/University(Private) <7,501 Students $1,896.60 Per Student >7,500 Students $1,424.59 Per Student Convenience Store(24 hours) $77,932.74 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $8,943.71 Per 1,000 sq. ft. Day Care $1,072.81 Per Student Furniture Store $3,344.96 Per 1,000 sq. ft. General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $8,163.54 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,948.96 Per Room Manufacturing $3,456.65 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $12.13 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $38,297.72 Per Screen Nursing Home $1,192.75 Per Bed lar/ Supp. No. 86 CD74:57 Ch. 74,App. A COLLIER COUNTY CODE Im.act Fee Land Use Cate o `. Office 6,000 sq. ft. or less $8,605.00 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $8,605.00 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $8,176.35 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $7,945.51 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $30,379.48 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $21,101.01 Per 1,000 sq. ft. Pharmacy/Drug Store $11,784.01 Per 1,000 sq. ft. Quick Lube $11,687.51 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $101,652.35 Per 1,000 sq. ft. Restaurant-High Turnover $1,794.90 Per Seat Restaurant-Low Turnover $1,151.71 Per Seat Restaurant-Fast Casual $68,107.00 Per 1,000 sq. ft. Restaurant-Fast-Food w/Drive-Thru(2 meals) $95,762.00 Per 1,000 sq. ft. Retail 6,000 sq. ft. or less $5,723.32 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $13,774.00 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $13,763.57 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $13,507.12 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $13,443.64 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $13,630.48 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $13,714.16 Per 1,000 sq. ft. RV Park $1,329.74 Per Site Li School-Elementary(Private) $785.69 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $21,411.03 Per 1,000 sq. ft. Tire Store $8,930.43 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 2019-48, § 4(Att.)) Supp. No. 86 CD74:58 IMPACT FEE REGULATIONS Ch. 74,App. A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Phase 4-Effective March 30,2022 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $886.00 Per Bed Mobile Home $3,576.00 Per Dwelling Unit Multi-Family Housing(Low-Rise, 1-2 floors) $6,950.00 Per Dwelling Unit Multi-Family Housing(Mid-Rise,3-10 floors) $5,174.00 Per Dwelling Unit Multi-Family Housing(High-Rise,>10 floors) $4,230.00 Per Dwelling Unit Mid-Rise Residential w/lst Floor Commercial $3,265.00 Per Dwelling Unit High-Rise Residential w/lst Floor Commercial $1,903.00 Per Dwelling Unit Retirement Community(Attached) $2,018.00 Per Dwelling Unit Retirement Community(Detached) $3,543.00 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $8,090.00 Per Dwelling Unit 4,000 sq. ft. or larger $9,864.00 Per Dwelling Unit Non-Residential Auto Sales -Luxury $12,380.00 Per 1,000 sq. ft. Auto Sales-New/Used $16,622.00 Per 1,000 sq. ft. Bank/Savings:Drive-In $21,254.00 Per 1,000 sq. ft. Bank/Savings:Walk-In $12,300.00 Per 1,000 sq. ft. Business Park $11,301.00 Per 1,000 sq. ft. Car Wash-Automatic $38,303.00 Per 1,000 sq. ft. Car Wash-Self-Service $11,848.00 Per Service Bay Church $286.00 Per Seat College/University(Private) <7,501 Students $1,973.00 Per Student >7,500 Students $1,483.00 Per Student Convenience Store(24 hours) $82,170.00 Per 1,000 sq. ft. Convenience Store w/Gas Pumps <2,000 sq. ft. $6,910.00 Per Fuel Position 2,000-2,999 sq. ft. $8,252.00 Per Fuel Position 3,000+sq. ft. $9,262.00 Per Fuel Position Dance Studios/Gymnastics $9,325.00 Per 1,000 sq. ft. Day Care $1,097.00 Per Student Furniture Store $3,674.00 Per 1,000 sq. ft. General Light Industrial $4,584.00 Per 1,000 sq. ft. Golf Course $199,146.00 Per 18 Holes Golf Course-Bundled $59,741.00 Per 18 Holes Home Improvement Store $8,514.00 Per 1,000 sq. ft. Hospital $9,168.00 Per 1,000 sq. ft. Hotel $3,702.00 Per Room Hotel-All Suites $2,974.00 Per Room Manufacturing $3,629.00 Per 1,000 sq. ft. Marina $2,376.00 Per Berth(Dry/Wet) Mine/Commercial Excavation $14.00 Per 1,000 cubic yards Mini-Warehouse $891.00 Per 1,000 sq. ft. Motel $2,074.00 Per Room Movie Theater $40,887.00 Per Screen Nursing Home $1,276.00 Per Bed Office-General $8,605.00 Per 1,000 sq. ft. Office-Medical Greater than 10,000 sq. ft. $31,444.00 Per 1,000 sq. ft. `/ Supp. No. 86 CD74:58.1 Ch. 74,App. A COLLIER COUNTY CODE Ito'act Fee Land Use Cate!o Office-Medical 10,000 sq. ft. or less $21,955.00 Per 1,000 sq. ft. Pharmacy/Drug Store $12,618.00 Per 1,000 sq. ft. Quick Lube $12,198.00 Per Service Bay Restaurant-Fast-Food w/Drive-Thru $104,272.00 Per 1,000 sq. ft. Restaurant-High Turnover $1,814.00 Per Seat Restaurant-Low Turnover $1,163.00 Per Seat Restaurant-Fast Casual $68,107.00 Per 1,000 sq. ft. Restaurant-Fast-Food w/Drive-Thru(2 meals) $95,762.00 Per 1,000 sq. ft. Retail 6,000 sq. ft. or less $5,737.00 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $10,568.00 Per 1,000 sq. ft. Retail>_25,000 sq. ft. $13,774.00 Per 1,000 sq. ft. RV Park $1,383.00 Per Site School-Elementary(Private) $815.00 Per Student School-Middle(Private) $921.00 Per Student School-High School(Private) $983.00 Per Student Supermarket $22,569.00 Per 1,000 sq. ft. Tire Store $9,318.00 Per Service Bay Warehouse $1,599.00 Per 1,000 sq. ft. (Ord. No. 2019-48, § 4(Att.)) fir" 1/4„,„,/Supp. No. 86 CD74:58.2 IMPACT FEE REGULATIONS Ch. 74,App. A SCHEDULE TWO: WATER AND WASTEWATER IMPACT FEE RATE SCHEDULE Effective March 30,2020 ERC =Equivalent Residential Connection ADF=Average Daily Flow , ' : SIDENTIAL-IND 4 ALL D. N _ Living Space ERC Factor Basis of Fee Water Impact Wastewater Meter Size (Sq. Ft.) Fee Impact Fee 0 to 4,999(And 1 Per ERC(fixed at $3,382 $3,314 3/4" No More Than 4 1 ERC) Toilets) 5,000 Or More(Or Varies (minimum Per ERC(based ERC value x $3,314 Varies(Reference More Than 4 value of 1) on ADF Formula) $3,382(minimum Meter Size Note) Toilets) value$3,382) Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. ERC with ADF When ADF is in Gallons Per Minute(GPM)then use the formula [(ADF-30)/301+1 Formula Living Space (Sq. Basis of Fee ERC Factor Water Impact Fee Wastewater Impact Fee 0 to 750 Per Unit 0.33 $1,116 $1,093 751 to 1,500 Per Unit 0.67 $2,265 $2,220 1,501 or More Per Unit 1.0 $3,382 $3,314 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the .� Meter Sizing Form. All Non-Residential Impact fees are determined by meter size. Water and/or wastewater impact fees for alterations, expansions or replacements are imposed only if the meter size is increased as a result of the alteration, expansion, or replacement. Meter Size ERC Factor (1) Water Impact Fee Wastewater Impact Fee 3/4 inch 1.00 $3,382 $3,314 1 inch 1.67 $5,647 $5,534 1-1/2 inch 3.33 $11,262 $11,035 2 inch 5.33 $18,026 $17,663 - 3 inch 15.00 $50,730 $49,710 - 4 inch 33.33 $112,722 $110,455 6 inch 66.67 $225,477 $220,944 8 inch 116.67 $394,577 $386,644 Meter Size Note Meter size determined by the total fixture value connected to the meter and applying applicable provision in the current edition of the Florida Plumbing Code. Reference the Meter Sizing Form. Supp. No. 86 CD74:58.3 Ch. 74,App. A COLLIER COUNTY CODE ERC Factors by Meter Size for Non-Residential Customers Rated Capacity ERC Meter Size (gallons per minute) Factor[2] 3/4" 30 1.00 1" 50 1.67 1-1/2" 100 3.33 2" 160 5.33 3" 450 15.00 4" 1,000 33.33 6" 2,000 66.67 8" 3,500 116.67 [1] Based on the rated capacities per technical specifications of meters used by the county. [2] Reflects rated hydraulic capacity of meter divided by 30 gal- lons per minute based on the rated capacity of smallest meter size. (Ord. No. 01-13, § 1,3-13-01;Ord. No. 2006-26,App. A, §6;Ord. No. 07-57,App. A;Ord. No. 2015-17, App. A; Ord. No. 2017-13, § 2; Ord. No. 2019-48, § 4(Att.)) L LSupp. No. 86 CD74:58.4 IMPACT FEE REGULATIONS App. A SCHEDULE THREE: PARKS AND RECREATION IMPACT FEE RATE SCHEDULE Community Parks - Effective July 24, 2017 Impact Fee Land Use Category Rate Mobile Home/RV Park (Tied Down) $716.28 Per Unit/Site Multi-Family $455.20 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $933.83 Per Dwelling Unit 4,000 sq. ft. or larger $1,067.72 Per Dwelling Unit Regional Parks - Effective July 24, 2017 Impact Fee Land Use Category Rate Mobile Home/RV Park(Tied Down) $2,145.29 Per Unit/Site Multi-Family $1,230.24 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $2,694.32 Per Dwelling Unit 4,000 sq. ft. or larger $3,080.67 Per Dwelling Unit (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 2006-10,App. A;Ord. No. 07-57,App. A;Ord. No. 2009-17, §2; Ord. No. 2009-57, § 2; Ord. No. 2010-38, § 2; Ord. No. 2011-44, § 1; Ord. No. 2015-59, § 2; Ord. No. 2017-14, § 1) La./ Supp. No. 72 CD74:59 App. A COLLIER COUNTY CODE SCHEDULE FOUR: CORRECTIONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULE Phase 1 -Effective February 17,2015 Impact Fee Land Use Category Rate Residential Assi,ted Living Facility $209.03 Per Dwelling Unit Condo/Townhouse(1-2 Stories) $245.32 Per Dwelling Unit High-Rise Condomimium(3+Stories) $245.32 Per Dwelling Unit Mobile Home/RV tie-down $372.18 Per Dwelling Unit/Site Multi-Family $216.61 Per Dwelling Unit Multi-Family-More than 10 Stories $216.61 Per Dwelling Unit Single-Family Less than 1,500 sq. ft. $443.23 Per Dwelling Unit 1,500 to 2,499 sq. ft. $488.30 Per Dwelling Unit 2,500 sq. ft. or larger $535.89 Per Dwelling Unit Non-Residential Auto Sales(Luxury) $268.81 Per 1,000 sq. ft. Auto Sales(New/Used) $383.64 Per 1,000 sq. ft. Bank/Savings:Drive-In $595.03 Per 1,000 sq. ft. Bank/Savings:Walk-In $581.99 Per 1,000 sq. ft. Business Park $250.54 Per 1,000 sq. ft. Car Wash-Self-Service $155.50 Per Service Bay Car Wash-Automated $410.42 Per 1,000 sq. ft. Church $145.30 Per 1,000 sq. ft. College/University(Private) <7,501 $25.49 Per Student >7,500 $17.84 Per Student Convenience Store(24 hours) $1,394.43 Per 1,000 sq. ft. Convenience Store w/Gas Pumps 4 or less Fuel Positions $1,135.26 Per Fuel Position 5-6 Fuel Positions $965.63 Per Fuel Position 7-8 Fuel Positions $858.62 Per Fuel Position 9- 10 Fuel Positions $767.28 Per Fuel Position 11- 12 Fuel Positions $717.70 Per Fuel Position _ 13 or more Fuel Positions $675.94 Per Fuel Position Dance Studio/Gyms $579.38 Per 1,000 sq. ft. Day Care $12.75 Per Student Furniture Store $61.17 Per 1,000 sq. ft. Gasoline/Service Station $498.47 Per Fuel Position Golf Course $4,955.70 Per 18 Holes Golf Course-Bundled $1,521.51 Per 18 Holes Home Improvement Store $453.76 Per 1,000 sq. ft. Hospital $357.54 Per 1,000 sq. ft. Hotel $201.39 Per Room Industrial-General Light $175.90 Per 1,000 sq. ft. Manufacturing $130.49 Per 1,000 sq. ft. Marina $48.43 Per Berth Mini-Warehouse $15.66 Per 1,000 sq. ft. Motel $191.19 Per Room Movie Theater $1,524.44 Per Screen Nursing Home $183.54 Per Bed _ Office 6,000 sq. ft. or less $260.98 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $310.57 Per 1,000 sq. ft. Supp. No. 72 CD74:60 ` IMPACT FEE REGULATIONS App. A Impact Pee Land Use Category V " Rate Office 100,001-200,000 sq. ft. $263.59 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $221.83 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $200.95 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $433.23 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $297.52 Per 1,000 sq. ft. Pharmacy/Drug Store $492.00 Per 1,000 sq. ft. Quick Lube $295.71 Per Service Bay RV Park $130.49 Per Site Restaurant-Fast-Food w/Drive-In $2,296.85 Per 1,000 sq. ft. Restaurant-High Turnover $68.82 Per Seat Restaurant-Low Turnover $56.08 Per Seat Retail 50,000 sq. ft. or Less $624.55 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $642.01 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $587.21 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $717.70 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $610.69 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $636.79 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $631.57 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $545.45 Per 1,000 sq. ft. Retail-Specialty $430.82 Per 1,000 sq. ft. School-Elementary(Private) $15.29 Per Student School- Middle(Private) $17.84 Per Student School-High School(Private) $20.39 Per Student Supermarket $522.59 Per 1,000 sq. ft. Tire Store $341.59 Per Service Bay Warehouse $73.07 Per 1,000 sq. ft. (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 2005-47,§4;Ord. No. 07-57,App. A;Ord. No. 2008-01,§ 1;Ord. No. 2009-17,§2;Ord. No. 2009-24,§2;Ord. No. 2009-38, § 1;Ord. No. 2011-44,§ 1;Ord. No. 2015-17, App. A) Supp. No. 72 CD74:61 App• A COLLIER COUNTY CODE SCH.EDU.LE FOUR: CORRECTIONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULE Effective July 24,2017 Impact Fee Land Use Category Rate' Residential Assisted Living Facility $23L67 Per Dwelling Unit Condo/Townhouse(1-2 Stories) $259.25 Per Dwelling Unit High-Rise Condominium(3+Stories) $259.25 Per Dwelling Unit Mobile Home $397.15 Per Dwelling Unit/Site Multi-Family $228.91 Per Dwelling Unit Multi-Family-More than 10 Stories $228.91 Per Dwelling Unit Retirement Community $215.12 Per Dwelling Unit Single-Family Less than 4,000 sq. ft. $499.19 Per Dwelling Unit 4,000 sq. ft. or larger $570.90 Per Dwelling Unit Non-Residential Auto Sales(Luxury) $284.07 Per 1,000 sq. ft. Auto Sales(New/Used) $405.42 Per 1,000 sq. ft. Bank/Savings:Drive-In $628.82 Per 1,000 sq. ft. Bank/Savings:Walk-In $615.04 Per 1,000 sq. ft. Business Park $264.77 Per 1,000 sq. ft. Car Wash-Self-Service $239.94 Per Service Bay Car Wash-Automated $485.40 Per 1,000 sq. ft. Church $8.27 Per seat College/University(Private) <7,501 $27.58 Per Student j >7,500 $19.31 Per Student v Convenience Store(24 hours) $1,508.62 Per 1,000 sq. ft. Convenience Store w/Gas Pumps 4 or less Fuel Positions $1,199.72 Per Fuel Position 5-6 Fuel Positions $1,020.46 Per Fuel Position 7-8 Fuel Positions $907.37 Per Fuel Position 9- 10 Fuel Positions $810.85 Per Fuel Position 11- 12 Fuel Positions $758.45 Per Fuel Position 13 or more Fuel Positions $714.32 Per Fuel Position Dance Studio/Gyms $612.28 Per 1,000 sq. ft. Day Care $13.79 Per Student Furniture Store $66.20 Per 1,000 sq. ft. Gasoline/Service Station $526.77 Per Fuel Position Golf Course $5,361.52 Per 18 Holes Golf Course-Bundled $1,607.90 Per 18 Holes Home Improvement Store $499.19 Per 1,000 sq. ft. _ Hospital $377.84 Per 1,000 sq. ft. Hotel $220.63 Per Room Industrial-General Light $190.30 Per 1,000 sq. ft. Manufacturing $137.90 Per 1,000 sq. ft. Marina $52.41 Per Berth Mini-Warehouse $16.55 Per 1,000 sq. ft. Motel $209.60 Per Room Movie Theater $1,649.27 Per Screen Nursing Home $248.22 Per Bed Office 6,000 sq. ft. or less $275.80 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $328.20 Per 1,000 sq. ft. Supp. No. 72 CD74:62 IMPACT FEE REGULATIONS App. A Impact Fee Land Use Category � � r Office 100,001-200,000 sq. ft. $278.56 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $234.43 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $212.36 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $457.83 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $314.41 Per 1,000 sq. ft. Pharmacy/Drug Store $540.56 Per 1,000 sq. ft. Quick Lube $319.93 Per Service Bay RV Park $137.90 Per Site Restaurant-Fast-Food w/Drive-In $2,454.60 Per 1,000 sq. ft. Restaurant-High Turnover $74.46 Per seat Restaurant-Low Turnover $60.68 Per seat Retail 6,000 sq. ft. or less $675.71 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $675.71 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $675.71 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $678.46 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $620.55 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $758.45 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $645.36 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $672.95 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $667.43 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $576.42 Per 1,000 sq. ft. Retail-Specialty $466.10 Per 1,000 sq. ft. School-Elementary(Private) $16.55 Per Student School-Middle(Private) $19.31 Per Student School-High School(Private) $22.07 Per Student l Supermarket $565.39 Per 1,000 sq. ft. Y Tire Store $369.57 Per Service Bay Warehouse $77.22 Per 1,000 sq. ft. (Ord. No. 2015-17, App. A; Ord. No. 2016-01, § 2; Ord. No. 2016-18, § 1; Ord. No. 2017-14, § 1) SCHEDULE FIVE: FIRE IMPACT FEE RATE SCHEDULE Effective January 24,2011 Impact Fee Land Use Category Rate Isles of Capri Residential(4,000 sq. ft. max. per unit) $0.12 Per sq. ft. under roof Non-residential $0.90 Per sq. ft. under roof Ochopee Residential(4,000 sq. ft. max. per unit) $0.60 Per sq. ft. under roof Non-residential $0.68 Per sq. ft. under roof (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 2006-10,App. A;Ord. No. 07-57,App. A;Ord. No. 2009-17, §2; Ord. No. 2010-41, § 2) Supp. No. 72 CD74:63 App. A COLLIER COUNTY CODE SCHEDULE SIX: EDUCATIONAL FACILITIES (SCHOOL) IMPACT F.EE RATE SCHEDULE Phase 1 Effective February 8, 2016 Impact Fee Land Use Category Rate Mobile Home/RV Park $4,567.13 Per Unit/Site Multi-Family $2,033.33 Per Dwelling Unit Single-Family Detached House $6,424.33 Per Dwelling Unit (Ord. No. 01-13, § 1,3-13-01;Ord. No. 2006-21,App. A;Ord. No. 07-57,App. A;Ord. No. 2009-17, § 2; Ord. No. 2010-39, § 1; Ord. No. 2015-60, § 2) SCHEDULE SIX: EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE SCHEDULE Phase 2 Indexing Effective July 24,2017 Impact Fee Land Use Category Rate Mobile Home/RV Park(Tied Down) $5,975.87 Per Unit/Site Multi-Family $2,471.29 Per Dwelling Unit Single-Family Detached House $7,709.72 Per Dwelling Unit (Ord. No. 2015-60, § 2; Ord. No. 2017-14, § 1) SCHEDULE S.IX: EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE SCHEDULE Phase 3 Effective February 8,2018 Impact Fee Land Use Category Rate Mobile Home/RV Park(Tied Down) $7,238.45 Per Unit/Site Multi-Family $2,844.19 Per Dwelling Unit Single-Family Detached House $8,789.54 Per Dwelling Unit (Ord. No. 2015-60, § 2; Ord. No. 2017-14, § 1) Supp. No. 72 CD74:64 IMPACT FEE REGULATIONS App. A SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES (EMS) IMPACT FEE RATE SCHEDULE Effective July 24, 2017 Impact Fee Land Use Category Rate Residential Assisted Living Facility $79.27 Per Dwelling Unit Mobile Home $113.81 Per Dwelling Unit Multi-Family $67.50 Per Dwelling Unit Retirement Community $62.01 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $142.07 Per Dwelling Unit 4,000 sq. ft. or greater $159.33 Per Dwelling Unit Non-Residential Auto Sales-Luxury $80.84 Per 1,000 sq. ft. Auto Sales-New/Used $115.38 Per 1,000 sq. ft. Bank/Savings: Drive-In $178.96 Per 1,000 sq. ft. Bank/Savings:Walk-In $175.03 Per 1,000 sq. ft. Business Park $75.35 Per 1,000 sq. ft. Car Wash-Self-Service $68.29 Per Service Bay Car Wash-Automated $138.14 Per 1,000 sq. ft. Church $2.35 Per Seat College/University(Private) 7,500 students or less $7.85 Per Student More than 7,500 students $5.49 Per Student Convenience Store(24 hours) $429.34 Per 1,000 sq. ft. Convenience Store w/Gas Pumps 4 or less fuel positions $341,43 Per Fuel Position 5-6 fuel positions $290.41 Per Fuel Position 7-8 fuel positions $258.23 Per Fuel Position 9- 10 fuel positions $230.76 Per Fuel Position 11- 12 fuel positions $215.85 Per Fuel Position 13 or more fuel positions $203.29 Per Fuel Position Furniture Store $18.84 Per 1,000 sq. ft. Dance Studio/Gyms $174.25 Per 1,000 sq. ft. Day Care $3.92 Per Student Gasoline/Service Station $149.92 Per Fuel Position General Light Industrial $54.16 Per 1,000 sq. ft. Golf Course $1,525.85 Per 18 Holes Golf Course-Bundled $457.60 Per 18 Holes Home Improvement Store $142.07 Per 1,000 sq. ft. Hospital $107.53 Per 1,000 sq. ft. Hotel $63.58 Per Room Marina $14.91 Per Berth Manufacturing $39.25 Per 1,000 sq. ft. Mini-Warehouse $4.71 Per 1,000 sq. ft. Motel $59.65 Per Room Movie Theater $469.37 Per Screen Nursing Home $82.41 Per Bed Office 6,000 sq. ft. or less $78.49 Per 1,000 sq. ft. Office 6,001-100,000 sq. ft. $93.40 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $79.27 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $66.72 Per 1,000 sq. ft. %re Supp. No. 72 CD74:64.1 App. A COLLIER COUNTY CODE Imact Fee Land Use Cate:a Office Greater than 400,000 sq. ft. $60.44 Per 1,000 sq. ft. Office-Medical 10,000 sq. ft. or less $89.48 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $130.29 Per 1,000 sq. ft. Pharmacy/Drug Store $153.84 Per 1,000 sq. ft. Quick Lube $91.05 Per Service Bay Restaurant-Fast-Food w/Drive-In $698.56 Per 1,000 sq. ft. Restaurant-High Turnover $21.19 Per seat Restaurant-Low Turnover $17.27 Per seat Retail 6,000 sq. ft. or less $192.30 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $192.30 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $187.59 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $183.67 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $182.10 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $170.32 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $164.04 Per 1,000 sq. ft. Retail-Specialty $132.65 Per 1,000 sq. ft. RV Park $39.25 Per Site School-Elementary(Private) $4.71 Per Student School-Middle(Private) $5.49 Per Student School-High School(Private) $6.28 Per Student Supermarket $160.90 Per 1,000 sq. ft. Tire Store $105.18 Per Service Bay Warehouse $21.98 Per 1,000 sq. ft. (Ord. No. 01-13, § 1, 3-13-01;Ord. No. 01-63,§3, 11-13-01;Ord. No. 2006-09,App. A;Ord. No. 07-57, App. A; Ord. No. 2009-17, § 2; Ord. No. 2010-41, § 2; Ord. No. 2011-44, § 1; Ord. No. 2017-13, § 2) SCHEDULE EIGHT: LIBRARY IMPACT FEE RATE SCHEDULE Effective July 24, 2017 Impact Fee Land Use Category Rate Mobile HomefR.V Park(Tied Down) $270.11 Per Dwelling Unit Multi-Family $159.78 Per Dwelling Unit Retirement Community $145.83 Per Dwelling Unit Single-Family Detached House Less than 4,000 sq. ft. $336.05 Per Dwelling Unit 4,000 sq. ft. or greater $376.63 Per Dwelling Unit (Ord. No. 01-13,§ 1,3-13-01;Ord. No. 04-21,§2;Ord. No. 2005-33,§2;Ord. No. 2006-18,App. A;Ord. No. 2009-17, § 2; Ord. No. 2010-46, § 2; Ord. No. 2011-44, § 1; Ord. No. 2017-13, § 2) Le/Supp. No. 72 CD74:64.2 IMPACT FEE REGULATIONS App. A SCHEDULE NINE: GOVERNMENT BUILDING IMPACT FEE SCHEDULE Effective July 24,2017 Impact Fee Land Use Category [Rate Residential Assisted Living Facility $525.81 Per Dwelling Unit Mobile Home - $748.50 Per Dwelling Unit Multi-Family $443.94 Per Dwelling Unit Retirement Community $407.81 Per Dwelling Unit Single-Family Detached Less than 4,000 sq. ft. $934.34 Per Dwelling Unit 4,000 sq. ft. or greater $1,047.91 Per Dwelling Unit Non-Residential Auto Sales-Luxury $536.22 Per 1,000 sq. ft. Auto Sales-New/Used $765.28 Per 1,000 sq. ft. Bank/Savings: Drive-In $1,186.97 Per 1,000 sq. ft. Bank/Savings:Walk-In $1,160.94 Per 1,000 sq. ft. Business Park $499.78 Per 1,000 sq. ft. Car Wash-Automated $916.26 Per 1,000 sq. ft. Car Wash-Self-Service $452.92 Per Service Bay Church $15.62 Per Seat College/University(Private) 7,500 students or less $52.06 Per Student More than 7,500 students $36.44 Per Student Convenience Store(24 hours) $2,847.68 Per 1,000 sq. ft. Convenience Store w/Gas Pumps Per Fuel Position 4 or less fuel positions $2,264.61 Per Fuel Position 5 6 fuel positions $1,926.22 Per Fuel Position 7-8 fuel positions $1,712.77 Per Fuel Position 9- 10 fuel positions $1,530.56 Per Fuel Position 11- 12 fuel positions $1,431.65 Per Fuel Position 13 or more fuel positions $1,348.35 Per Fuel Position Dance Studio/Gyms $1,155.73 Per 1,000 sq. ft. Day Care $26.03 Per Student Furniture Store $124.94 Per 1,000 sq. ft. Gasoline/Service Station $994.35 Per Fuel Position Golf Course $10,120.46 Per 18 Holes Golf Course Bundled $3,035.10 Per 18 Holes Home Improvement Store $942.29 Per 1,000 sq. ft. Hospital $713.22 Per 1,000 sq. ft. Hotel $421.69 Per Room Industrial-General Light $359.21 Per 1,000 sq. ft. Manufacturing $260.30 Per 1,000 sq. ft. Marina $98.91 Per Berth Mini-Warehouse $31.24 Per 1,000 sq. ft. Motel $395.66 Per Room Movie Theater $3,113.19 Per Screen Nursing Home $546.63 Per Bed _Office 6,000 sq. ft. or less $520.60 Per 1,000 sq. ft. _ Office 6,001-100,000 sq. ft. $619.51 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $525.81 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $442.51 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $400.86 Per 1,000 sq. ft. Supp. No. 72 CD74:64.3 L App. A COLLIER COUNTY CODE Impact Fee Laud Use Category Rate Office-Medical 10,000 sq. ft. or less $593.48 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $864.20 Per 1,000 sq. ft. Pharmacy/Drug Store $1,020.38 Per 1,000 sq. ft. Quick Lube $603.90 Per Service Bay Restaurant-Fast-Food w/Drive-In $4,633.34 Per 1,000 sq. ft. Restaurant-High Turnover $140.56 Per seat Restaurant-Low Turnover $114.53 Per seat Retail 6,000 sq. ft. or less $1,275.47 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $1,275.47 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $1,244.23 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $1,218.20 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $1,207.79 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $1,129.70 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $1,088.05 Per 1,000 sq. ft. _ Retail-Specialty $879.81 Per 1,000 sq. ft. __— RV Park $260.30 Per Site School-Elementary(Private) $31.24 Per Student School-Middle(Private) $36.44 Per Student School-High School(Private) $41.65 Per Student Supermarket $1,067.23 Per 1,000 sq. ft. Tire Store $697.60 Per Service Bay Warehouse $145.77 Per 1,000 sq. ft. L (Ord. No. 04-16,§3(Exh. B);Ord. No. 07-57,App. A;Ord. No. 2009-17,§2;Ord. No. 2010-46,§2;Ord. No. 2011-44, § 1; Ord. No. 2017-13, § 2) Supp. No. 72 CD74:64.4 IMPACT FEE REGULATIONS Ch. 74,App.A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE - PHASE I Effective December 20, 2010 Impact Fee Land Use Category Rate Residential Assisted Living Facilty $115.31 Per Dwelling Unit Mobile Home $191.75 Per Dwelling Unit/Site Multi-Family $145.11 Per Dwelling Unit Single-Family Less than 1,500 sq. ft. $247.47 Per Dwelling Unit 1,500 to 2,499 sq. ft. $269.50 Per Dwelling Unit 2,500 sq. ft. or larger $298.00 Per Dwelling Unit Non-Residential Auto Sales (Luxury) $143.81 Per 1,000 sq. ft. Auto Sales (New/Used) $221.56 Per 1,000 sq. ft. Bank/Savings; Drive-In $295.40 Per 1,000 sq. ft. Bank/Savings;Walk-In $332.98 Per 1,000 sq_ft_ Business Park $128.27 Per 1,000 sq. ft. Car Wash -Automated $208.60 Per 1,000 sq. ft. Car Wash - Self-Service $79.03 Per Service Bay Church $73.85 Per 1,000 sq. ft. College/University 7,500 students or fewer $12.95 Per Student Greater than 7,500 students $9.07 Per Student Convenience Store (24 hours) $708.71 Per 1,000 sq. ft. - Convenience Store w/Gas Pumps $563.60 Per Fuel Position Day Care $6.48 Per Student Furniture Store $31.10 Per 1,000 sq. ft. Gasoline/Service Station $256.54 Per Fuel Position _ Golf Course $2,518.72 Per 18 Holes Home Improvement Store $230.62 Per 1,000 sq. ft. Hospital $200.83 Per 1,000 sq. ft. Hotel $95.88 Per Room Industrial - General Light $89.40 Per 1,000 sq. ft. Marina $24.62 Per Berth Mini-Warehouse $9.07 Per 1,000 sq. ft. Motel $89.40 Per Room Movie Theater $774.79 Per Screen Nursing Home $93.29 Per Bed Office 50,000 sq. ft. or less $183.98 Per 1,000 sq. ft. Office 50,001-100,000 sq. ft. $156.77 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $133.45 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $114.02 Per 1,000 sq. ft. -- Office Greater than 400,000 sq. ft. $103.65 Per 1,000 sq. ft. Office - Medical $222.85 Per 1,000 sq. ft. Pharmacy/Drug Store $250.06 Per 1,000 sift. Quick Lube $150.29 Per Service Bay _Restaurant - Fast-Food w/Drive-In $1,167.37 Per 1,000 sq. ft. Restaurant - High Turnover $34.98 Per Seat Restaurant - Quality $28.51 Per Seat Retail 50,000 sq. ft. or Less $317.43 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $318.73 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $291.52 Per 1,000 sq. ft. Supp. No. 34 CD74:65 �.. 74,App.A COLLIER COUNTY CODE Impact Fee Land Use Category Rate Retail 150,001-200,000 sq. ft. $356.30 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $303.18 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $316.13 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $313.54 Per 1,000 sq. ft. Retail >1,000,000 sift. $270.79 Per 1,000 sq ft. Retail - Specialty $218.96 Per 1,000 sq. ft. RV Park $69.97 Per Site School-Elementary(Private) $7.78 Per Student School - Middle (Private) $9.07 Per Student School - High School (Private) $10.37 Per Student Supermarket $265.61 Per 1,000 sq. ft. Tire Store $173.62 Per Service Bay (Ord. No. 2005-28, § 3(Exh. B); Ord. No. 2005-66, § 2; Ord. No. 2006-25,App.A; Ord. No. 07-57,App.A; Ord. No. 2009-17, § 2; Ord. No. 2010-47, § 2) Loi Supp.No. 34 CD74:66 IMPACT FEE REGULATIONS Ch.74,App.A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE - PHASE II Effective December 20, 2011 Impact Fee Land Use Category Rate Residential Assisted Living Facilty $153.75 Per Dwelling Unit Mobile Home $255.67 Per Dwelling Unit/Site Multi-Family $193.48 Per Dwelli_Unit Single-Family Less than 1,500 sq. ft. $329.96 Per Dwelling Unit 1,500 to 2,499 sq. ft. $359.33 Per Dwelling Unit 2,500 sq. ft. or larger $397.33 Per Dwelling Unit Non-Residential Auto Sales (Luxury) $191.75 Per 1,000 sq. ft. Auto Sales (New/Used) $295.41 Per 1,000 sq. ft. Bank/Savings; Drive-In $393.87 Per 1,000 sq. ft. Bank/Savings;Walk-In $443.98 Per 1,000 sq. ft. Business Park $171.02 Per 1,000 sq. ft. Car Wash -Automated $278.13 Per 1,000 sq. ft. Car Wash -Self-Service $105.38 Per Service Bay Church $98.47 Per 1,000 sq. ft. College/University 7,500 students or fewer $17.27 Per Student Greater than 7,500 students $12.10 Per Student Convenience Store (24 hours) $944.95 Per 1,000 sq. ft. Convenience Store w/Gas Pumps _ $751.47 Per Fuel Position Day Care -$8.64 Per Student Furniture Store $41.46 Per 1,000 sq. ft. Gasoline/Service Station $342.05 Per Fuel Position Golf Course $3,358.30 Per 18 Holes Home Improvement Store $307.50 Per 1,000 sq. ft. Hospital $267.77 Per 1,000 sq. ft. Hotel $127.84 Per Room Industrial - General Light $119.20 Per 1,000 sq. ft. Marina $32.82 Per Berth Mini-Warehouse $12.10 Per 1,000 sq. ft. Motel $119.20 Per Room Movie Theater $1,033.06 Per Screen Nursing Home $124.38 Per Bed Office 50,000 sq. ft. or less $245.30 Per 1,000 sq. ft. Office 50,001-100,000 sq. ft. $209.03 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $177.94 Per 1,000 sq. ft_ Office 200,001-400,000 sq. ft. $152.02 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $138.20 Per 1,000 sq. ft. Office - Medical $297.14 Per 1,000 sq. ft. Pharmacy/Drug Store $333.41 Per 1,000 sq. ft. Quick Lube $200.39 Per Service Bay Restaurant - Fast-Food w/Drive-In $1,556.50 Per 1,000 sq. ft. Restaurant - High Turnover $46.64 Per Seat Restaurant- Quality $38.01 Per Seat Retail 50,000 sq. ft. or Less $423.24 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $424.97 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $388.70 Per 1,000 sq. ft. Supp. No. 34 CD74:67 74,AvvA COLLIER COUNTY CODE Impact Fee Land Use Category Rate Retail 150.001-200.000 ��f. $475.07 Per 1,000mq. ft. Retail 2OO.0Ol-4O0.0OOsq. ft. *404.24Pe, 1,000vq. ft. Retail 4OO.00l----6UV.0OOag, ft. $421.51 Per 1.000sg. ft. Retail 6VO.00l--l.0O0'000eq, ft. $41.8.06Por 1.000 "q, #. Retail l O00000 ft $361.05 Per 1,000 sq. ft. Retuil Specialty $29z.95 Per l.O0Osq. ft. RV Park $9329 Per Site School Elementary(Private) $l0.3? Per Student School Middle(Private) *l2.l0 Per Stodeut 8dz" - Bi�b8obvvl [7+ive) *l8.82porG�dvut' ---------- � � Supermarket $354.14Per l.00Oag, ft. Tire Store *23l.49 Per Service guy (0rd. No, 20l0'47. # 3) � � 0 6.e ao»p No. o^ CD74:68 IMPACT FEE REGULATIONS App. A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE-PHASE III Effective July 24,2017 pact Fee Land Use Category Rate _Residential _ Assisted Living Facility $340.34 Per Dwelling Unit Mobile Home/RV(Tied Down) $457.20 Per Dwelling Unit Multi-Family _$296.56 Per Dwelling Unit Retirement Community $265.67 Per Dwelling Unit Single-Family Detached House Per Dwelling Unit Less than 4,000 sq. ft. _$586.95 Per Dwelling Unit 4,000 sq. ft. or greater $661.09 Per Dwelling Unit Non-Residential Auto Sales-Luxury $321.61 Per 1,000 sq. ft. Auto Sales-New/Used $458.99 Per 1,000 sq. ft. Bank/Savings:Drive-In $711.91 Per 1,000 sq. ft. Bank/Savings:Walk-In $696.30 Per 1,000 sq. ft. Business Park _$299.75 Per 1,000 sq. ft. Car Wash-Automated _$549.54 Per 1,000 sq. ft. Car Wash-Self-Service $271.65 Per Service Bay Church $9.37 Per Seat College/University(Private) 7,500 students or less $31.22 Per Student More than 7,500 students $21.86 Per Student Convenience Store(24 hours) $1,707.95 Per 1,000 sq. ft. Convenience Store w/Gas Pumps Per Fuel Position 4 or less fuel positions $1,358.24 Per Fuel Position 5-6 fuel positions $1,155.29 Per Fuel Position 7-8 fuel positions $1,027.27 Per Fuel Position 9- 10 fuel positions $917.99 Per Fuel Position 11- 12 fuel positions $858.66 Per Fuel Position 13 or more fuel positions $808.70 Per Fuel Position Dance Studio/Gyms $693.17 Per 1,000 sq. ft. Day Care $15.61 Per Student Furniture Store $74.94 Per 1,000 sq. ft. Gasoline/Service Station $596.38 Per Fuel Position Golf Course $6,069.95 Per 18 Holes Golf Course Bundled $1,820.36 Per 18 Holes Home Improvement Store $565.15 Per 1,000 sq. ft. Hospital $427.77 Per 1,000 sq. ft. Hotel $252.91 Per Room Industrial-General Light $215.45 Per 1,000 sq. ft. _ Manufacturing $156.12 Per 1,000 sq. ft. Marina $59.33 Per Berth Mini-Warehouse $18.73 Per 1,000 sq. ft. Motel $237.30 Per Room Movie Theater $1,867.20 Per Screen Nursing Home $327.85 Per Bed Office 6,000 sq. ft. or less $312.24 Per 1,000 sq. ft. _ Office 6,001-100,000 sq. ft. 371.57 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $315.36 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $265.40 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $240.42 Per 1,000 sq. ft. Supp. No. 72 CD74:69 App. A COLLIER COUNTY CODE Impact Fee Land Use Category Rate Office-Medical 10,000 sq. ft. or less $355.95 Per 1,000 sq. ft. Office-Medical greater than 10,000 sq. ft. $518.32 Per 1,000 sq. ft. Pharmacy/Drug Store $611.99 Per 1,000 sq. ft. Quick Lube $362.20 Per Service Bay Restaurant-Fast-Food w/Drive-In $2,778.94 Per 1,000 sq. ft. Restaurant-High Turnover $84.30 Per seat Restaurant-Low Turnover $68.69 Per seat Retail 6,000 sq. ft. or less $764.99 Per 1,000 sq. ft. Retail 6,001-25,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 25,001-50,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 50,001-100,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 100,001-150,000 sq. ft. $764.99 Per 1,000 sq. ft. Retail 150,001-200,000 sq. ft. $746.25 Per 1,000 sq. ft. Retail 200,001-400,000 sq. ft. $730.64 Per 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $724.40 Per 1,000 sq. ft. Retail 600,001-1,000,000 sq. ft. $677.56 Per 1,000 sq. ft. Retail>1,000,000 sq. ft. $652.58 Per 1,000 sq. ft. Retail-Specialty $527.69 Per 1,000 sq. ft. RV Park $156.12 Per Site School-Elementary(Private) $18.73 Per Student School-Middle(Private) $21.86 Per Student School-High School(Private) $24.98 Per Student Supermarket $640.09 Per 1,000 sq. ft. Tire Store $418.40 Per Service Bay Warehouse $87.43 Per 1,000 sq. ft. (Ord. No. 2010-47, § 2; Ord. No. 2017-13, § 2) Supp. No. 72 CD74:70 f IMPACT FEE REGULATIONS Ch. 74,App. B APPENDIX B (c) Road Impact Fee District 3. All of that land ROAD IMPACT FEE DISTRICT within the municipal boundaries of the City of BOUNDARIES LEGAL DESCRIPTIONS Naples, Florida. (a) Road Impact Fee District 1. Begin at the (d) Road Impact Fee District 4. Begin at the intersection of County Road 951 and Pine Ridge point of intersection of the north line of Section Road; thence along Pine Ridge Road and Seagate 34, Township 50 South, Range 25 East, Collier Drive, westerly to Gulf of Mexico; thence along County, Florida and the mean high water line of the Gulf of Mexico, northerly to the Lee County the Gulf of Mexico; thence run easterly along the line;thence along the Collier County—Lee County north line of said Section 34 and Section 35 said line,easterly, southerly and easterly to the north- Township and Range to the northeast corner of erly extension of County Road 951; thence along said Section 35; thence southerly along the east County Road 951 and its northerly extension, line of said Section 35 to the southwest corner of southerly to the point of beginning. Section 36, Township 50 South, Range 25 East; thence easterly along the south line of Section 36 (b) Road Impact Fee District 2. Begin at the to the southeast corner of Section 36; thence point of intersection of County Road 951 and Pine northerly along the east lines of Sections 36, 25, Ridge Road(C.R.896);thence run southerly along and 24 to the northwest corner of Section 19, County Road 951 to the intersection of Interstate Township 50 South, Range 26 East; thence east- 75 (S.R. 93); thence southeasterly and easterly erly along the north lines of Sections 19, 20, 21, along Interstate 75 to the northeast corner of 22, 23, and 24, Township 50 South, Range 27 Section 5, Township 50 South, Range 27 East; East; thence easterly along the north line of thence southerly along the east line of Sections 5, Sections 19 and 20 to the northeast corner of said 8 and 17 to the southeast corner of Section 17, Section 20;thence southerly along the east line of said Township and Range; thence easterly along said Section 20 to the northwest corner of Section the south line of Sections 17 and 18 to the 28; thence easterly along the north line of said southeast corner of Section 13,Township 50 South, Section 28 to the northeast corner of Section 28; thence southerly along the east line of Section 28 Range 26 East; thence westerly along the south to the northwest corner of Section 34; thence line of Sections 13, 14, 15, 16, 17 and 18, Town- easterly along the north line of Section 34 to the ship 50 South, Range 26 East; to the northwest northeast corner of Section 34; thence southerly corner of Section 19, Township 50 South, Range along the east line of Section 34 to the northwest 26 East; thence southerly along the west line of corner of Section 2,Township 51 South, Range 27 Sections 19, 30 and 31 to the southeast corner of East; thence easterly along the north line of said Section 36, Township 50 South, Range 25 East; Section 2 to the northeast corner of Section 2; thence westerly along the south line of said Sec- thence southerly along the east line of Section 2 to tion 36 to the southwest corner of Section 36; the southwest corner of Section 1;thence easterly thence northerly along the west line of said Sec- along the south line of Section 1, Township 51 tion 36 to the northeast corner of Section 35, South, Range 27 East to the northwest corner of Township 50 South, Range 25 East; thence west- Section 7, Township 51 South, Range 28 East; erly along the north line of said Sections 35 and thence easterly along the north line of said Sec- 34 to the mean high water line of the Gulf of tion 7 to the northeast corner of Section 7; thence Mexico;thence meander northwesterly along said southerly along the east line of Section 7 to the mean high water line to the westerly prolongation northeast corner of Section 18; thence continue of Seagate Drive; thence easterly along Seagate southerly along the east line of Section 18 to the Drive and Pine Ridge Road to the point of begin- northeast corner of Section 19,Township 51 South, ning. Range 28 East; thence westerly along the north line of said Section 19 to the northwest corner of Less and except all lands lying within the Section 19;thence southerly along the west line of municipal boundaries of the City of Naples. Section 19 to the northeast corner of Section 25; Supp. No. 34 CD74:71 . 74, App. B COLLIER COUNTY CODE Township 51 South, Range 27 East; thence west- line, southerly to State Road 84 (Alligator Alley); erly along the north line of said Section 25 to the thence along State Road 84 and Interstate High- northwest corner of Section 25; thence southerly way 75, westerly to the point of beginning. along the west line of Section 25 to the southeast corner of Section 26; thence westerly along the (g) Road Impact Fee District 7. All of that land south line of Section 26 to the centerline of State within the municipal boundaries of Everglades Road 90 (U.S. 41); thence northwesterly along City, Florida. said centerline of State Road 90 to the point of (h) Road Impact Fee District 8. Begin at the intersection of State Road 92; thence southwest- point of intersection of Oil Well Road (C.R. 858) erly along the centerline of State Road 92 to the and the west line of Hendry County; thence centerline of the Big Marco River; thence mean- southerly, easterly and southerly along Collier/ der southeasterly along the centerline of the Big Hendry County line; to the west line of Dade Marco River to the southern tip of Cape Romano; County; thence southerly along the Collier/Dade thence meander northwesterly along the mean County line to the Monroe County line; thence high water line of the Gulf of Mexico to the point westerly along the Collier/Monroe County line to of beginning. the mean high water line of the Gulf of Mexico; thence northwesterly to the southern tip of Cape (e) Road Impact Fee District 5. Begin at the Romano;thence northeasterly to the centerline of intersection of County Road 858 (Oil Well Road) the Big Marco River; thence meander northeast- and the west line of Hendry County;thence along erly along the centerline of the Big Marco River to County Road 858, westerly to Oil Well Grade the centerline of State Road 92;thence northeast- Road; thence along Oil Well Grade Road, north- erly along the centerline of State Road 92 to State ly to County Road 846(Immokalee Road);thence Road 90 (U.S. 41); thence southeasterly along %�ong County Road 846,westerly and southerly to State Road 90 to the southwest corner of Section the southeast corner of Section 34, Township 47 26, Township 51 South, Range 27 East; thence South, Range 27 East, Collier County, Florida; easterly along the south line of Section 26 to the thence along the south line of Sections 34, 33, 32 southeast corner of Section 26; thence northerly along the east line of Section 26 to the northwest and 31, said township and range, westerly to the corner of Section 25, Township 51 South, Range Lee County line;thence along the Collier County— 27 East; thence easterly along the north line of Lee County line,northerly,easterly and northerly Section 25 to the southeast corner of Section 24, to the Hendry County line; thence along the Township 51 South,Range 27 East;thence north- Collier County Hendry County line, easterly and erly along the east line of Section 24 to the southerly to the point of beginning. northwest corner of Section 19,Township 51 South, Range 28 East; thence easterly along the north (f) Road Impact Fee District 6. Begin at the line of Section 19 to the southeast corner of intersection of County Road 951 and Interstate Section 18, Township 51 South, Range 28 East; Highway 75; thence along County Road 951 and thence northerly along the east line of Section 18 its northerly extension,northerly to the Lee County and Section 7,Township 51 South,Range 28 East line;thence along the Collier County—Lee County to the northeast corner of said Section 7; thence line, easterly and northerly to the southwest westerly along the north line of said Section 7 to corner of Section 31, Township 47 South, Range the to the northeast corner of Section 12, Town- 27 East, Collier County,Florida;thence along the ship 51 South, Range 27 east; thence continue south line of Sections 31, 32, 33 and 34 to County westerly along the north of said Section 12 to the Road 846(Immokalee Road);thence along County southeast corner of Section 2,Township 51 South, Road 846, northerly and easterly to Oil Well Range 27 East; thence northerly along the east Grade Road; thence along Oil Well Grade Road, line of said Section 2 to the southeast corner of southerly to County Road 858 (Oil Well Road); Section 35, Township 50 South, Range 27 East; thence along County Road 858, easterly to the thence westerly along the south line of said Sec- 1st line of Range 28 East;thence along said east tion 35 to the southeast corner of Section 34, Supp.No.34 CD74:72 bspi IMPACT FEE REGULATIONS Ch. 74,App. B Township 50 South,Range 27 East;thence north- erly along the east line of said Section 34 to the southeast corner of Section 27,Township 50 South, Range 27 East; thence westerly along the north line of Section 27 to the southeast corner of Section 28;thence northerly along the east line of said Section 28 to the northeast corner of Section 28;thence westerly along the north line of Section 28 to the southeast corner of Section 20,Township 50 South, Range 27 East; thence northerly along the east lines of Sections 20, 17, 8 and 5 of Township 50 South,Range 27 East,to the centerline of Interstate 75 (S.R. 93); thence easterly along the centerline of Interstate 75 to the east line of Range 28; thence northerly along the east line of said Range 28 to the centerline of aforesaid Oil Well Road (C.R. 858); thence easterly along the centerline of said Oil Well Road to the point of beginning. Less and except all lands lying within the municipal boundaries of Everglades City. (Ord. No. 01-13, § 1, 3-13-01) Supp. No. 34 CD74:73 Chapter 75 PROPORTIONATE FAIR-SHARE PROGRAM Article I. General Secs. 75-1-75-99. Reserved. Sec. 75-101. Short title. Sec. 75-102. Purpose and authority. Sec. 75-103. General definitions and abbreviations. Sec. 75-104. Applicability. Sec. 75-105. Findings. Article II. Applicability Sec. 75-201. General requirements. Sec. 75-202. Application process. Sec. 75-203. Determining proportionate fair-share obligation. Sec. 75-204. Impact fee credit for proportionate fair-share mitigation. Sec. 75-205. Proportionate fair-share agreements. Sec. 75-206. Appropriation of fair-share revenues. Sec. 75-207. Intergovernmental coordination. Sec. 75-208. Alternative agreements. Supp.No.23 CD75:1 PROPORTIONATE FAIR-SHARE PROGRAM § 75-104 ARTICLE I. GENERAL SIS means the Florida Strategic Intermodal System as described in F.S. § 339.61, (2005). Secs. 75-1-75-99. Reserved. TIS means Transportation Impact State- ment. Sec. 75-101. Short title. (Ord. No. 06-51, § 1) This chapter shall be known and may be cited as the "Collier County Proportionate Fair-Share Sec. 75-104. Applicability. Program." (Ord. No. 06-51, § 1) (a) This chapter shall apply to the unincorpo- rated area of Collier County, Florida, and to all Sec. 75-102. Purpose and authority. incorporated areas of the county to the greatest extent authorized by the Florida Constitution or The board is adopting this chapter in order to in any intergovernmental or interlocal agree- implement the legislative mandate of F.S. ments. § 163.3180(16), which was intended by the legis- (b) The proportionate fair-share program shall lature to "provide a method by which the impacts of development on transportation facilities can be only apply to the extent as mandated by F.S. mitigated by the cooperative efforts of the public § 163.3180(16),which provides in part as follows: and private sectors." "In its transportation concurrency management (Ord. No. 06-51, § 1) system, a local government shall, by December 1, 2006, include methodologies that will be applied Sec. 75-103. General definitions and abbre- to calculate proportionate fair-share mitigation.A viations. developer may choose to satisfy all transportation concurrency requirements by contributing or pay- When used in this chapter,the following terms ing proportionate fair-share mitigation if trans- shall have the following meanings, unless the portation facilities or facility segments identified context clearly indicates otherwise. as mitigation for traffic impacts are specifically Board shall mean the Board of County Com- identified for funding in the five-year schedule of missioners of Collier County, Florida. capital improvements in the capital improve- ments element of the local plan or the long-term CIE refers to the Capital Improvement Ele- concurrency management system or if such con- ment of the Comprehensive Plan. tributions or payments to such facilities or seg- CMS refers to the Collier County Transpor ments are reflected in the five-year schedule of tation Concurrency Management System. capital improvements in the next regularly sched- uled update of the capital improvements ele- Comprehensive Plan shall mean the Compre- ment."The proportionate fair-share program does hensive Plan of the County adopted and not apply to developments of regional impact amended pursuant to the Local Government (DRIs) using proportionate fair-share under F.S. Comprehensive Planning and Land Develop- § 163.3180(12), or to developments otherwise ex- ment Act as contained in F.S. ch. 163, pt. II, or empted from concurrency. its successor in function. (c) The proportionate fair-share program is County shall mean Collier County,a political intended to apply to and include existing roadway subdivision of the State of Florida. link deficiencies. If an intersection deficiency is Developer shall have the same meaning as identified in the concurrency denial determina- defined in F.S. § 163.3164 (2005). tion and the improvements required to remedy Development shall have the same meaning that insufficiency can be incorporated into a link as F.S. § 380.04, h(2005). improvement for which a proportionate fair-share is being calculated under section 75-203, then FDOT means the Florida Department of such costs may be included in the proportionate Transportation. fair-share calculation. The county may consider Supp.No.23 CD75:3 §75-104 COLLIER COUNTY CODE and approve major intersection improvements d. Maximizes the use of public funds such as grade separations, interchanges, intelli- for adequate transportation facili- gent traffic management systems, and through ties to serve future growth, and may, movement capacity improvements as eligible for in certain circumstances, allow the the proportionate fair-share program. county to expedite transportation im- provements by supplementing the (d) Notwithstanding the above requirements, funds currently allocated for trans- upon the presentation of evidence by the county portation improvements in the CIE; manager or designee, and finding by the board, and that the proposed project, if approved, would compromise public health, safety or welfare by e. Is consistent with F.S.§163.3180(16), allowing operational deficiencies to exist prior to and supports the policies of the Col the construction phase of fully funded improve- Tier County Growth Management ments identified in the five-year CIE, the propor Plan and Land Development Code. tionate fair-share eligibility may be denied unless (Ord. No. 06 51, § 1) the applicant cures the operational deficiencies prior to commencing development. ARTICLE II. APPLICABILITY (Ord. No. 06-51, § 1) Sec. 75-201. General requirements. Sec. 75-105. Findings. Provided that a proposed development is oth- The county, adopting the findings of the Model erwise fully consistent with the comprehensive Ordinance for Proportionate Fair-Share Mitiga- plan and all applicable land development regula- tion on Development Impacts On Transportation tions, a developer may choose to satisfy all trans- Corridors (Final Edition—February 14, 2006), portation concurrency requirements by contribut- finds as follows: ing or paying proportionate fair-share mitigation (1) The county finds and determines that if transportation facilities or facility segments transportation capacity has a value to identified as mitigation for traffic impacts are both the public and private sectors and specifically identified for funding in the five-year that the county proportionate fair share schedule of capital improvements in the capital improvements element of the Comprehensive Plan program: or the long-term concurrency management sys- a. Provides a method by which the im- tem or if such contributions or payments to such pacts of development on transporta- facilities or segments are reflected in the five-year tion facilities can be mitigated by the schedule of capital improvements in the next cooperative efforts of the public and regularly scheduled update of the capital improve- private sectors; ments element. The proposed project must be b. Allows developers to proceed under fully funded and financially feasible to qualify for certain conditions, notwithstanding the proportionate fair share program. the failure of transportation concur- (Ord. No. 06-51, § 1) rency, by contributing their propor Sec. 75-202. Application process. tionate fair-share of the cost of a transportation facility; (a) Upon notification of a lack of capacity to c. Contributes to the provision of ade satisfy transportation concurrency, the applicant quate public facilities for future shall also be notified in writing of the opportunity growth and promotes a commitment to satisfy transportation concurrency through the to comprehensive facilities planning, proportionate fair share program. thereby reducing the potential for (b) Prior to submitting an application for a moratoria or unacceptable levels of proportionate fair-share agreement("agreement"), traffic congestion; a pre-application meeting shall be held to discuss Supp.No.23 CD75:4 PROPORTIONATE FAIR-SHARE PROGRAM §75-202 eligibility,application submittal requirements,po- insufficient, incomplete or inconsistent with the tential mitigation options, and related issues. If general requirements of the proportionate fair- the impacted facility is on the SIS, then FDOT share program as set forth herein,then the appli- will be notified and invited to participate in the cant will be notified in writing of the reasons for pre-application meeting. such deficiencies within 20 business days of sub- (c) Eligible applicants shall submit an applica- mittal of the application. If such deficiencies are tion to the county that includes the requisite not remedied by the applicant within 60 business application fee and the following: days of receipt of the written notification, then the application will be deemed abandoned. The (1) Name,address and phone number of own- county may, in its discretion, grant an extension er(s), developer and agent; of time not to exceed 60 business days to cure (2) Property location,including parcel identi- such deficiencies,provided that the applicant has fication numbers; shown good cause for the extension and has taken (3) Legal description and certified survey of reasonable steps to effect a cure. property; (e) Pursuant to F.S. § 163.3180(16)(e), pro- (4) Project description, including type, inten- posed proportionate fair-share mitigation for de- sity, density and amount of development; velopment impacts to facilities on the SIS re- (5) Traffic impact study performed in accor- quires the concurrence of FDOT. The applicant dance to the county's adopted TIS proce- shall submit evidence of an agreement between dures; the applicant and FDOT for inclusion in the (6) Phasing schedule, if applicable; proportionate fair-share agreement. (7) Roadway safety audit of significantly im- (f) When an application is deemed complete pacted roadway segments and intersec- and sufficient for analysis, the applicant shall be tions as outlined in the Collier County advised in writing of eligibility for the program.If TIS guidelines and procedures; eligible,a proposed proportionate fair-share agree- (8) Approved abutters list and impacted stake ment will be prepared by the county attorney, holders list; which agreement will be delivered to the appro- priate parties for review, including a copy to (9) List of all "vested developments" that FDOT for any proposed proportionate fair-share impacts the segment that the proportion- mitigation on a SIS facility. ate share is being applied for; (10) Analysis showing that all "vested traffic" (g) Approval of a proportionate fair-share agree- is included in the remaining roadway ca- ment shall require the completion of a public pacity calculation when the additional involvement and notification process that shall capacity is considered from the capital include notification of potentially impacted par- project being considered for proportionate ties to participate in a public workshop which share; must be conducted in the same manner as a neighborhood information meeting. The public (11) Description of requested proportionate fair- workshop will review the project impacts, the share mitigation method(s); roadway safety audit, and identify improvements (12) Copy of concurrency application; and that may be needed to address any health, safety (13) Such other information and data that the and welfare operational improvements that need county deems necessary. to be completed prior to commencement of devel- opment. The applicant shall be responsible for all (d) The county shall review the application costs associated with the public involvement and and determine whether the application is suffi- notification process, including county profes- cient and complete within 15 business days from sional staff time,legal advertisements,and rental submittal. If an application is determined to be of facilities. Supp.No.23 CD75:5 §75-202 COLLIER COUNTY CODE (h) Once finalized by the parties, the agree- (c) The methodology used to calculate an ment will be brought before the Collier County applicant's proportionate fair-share obligation shall Planning Commission for its review and recom- be as provided for in F.S. § 163.3180(12), which mendations. The agreement and recommenda- states as follows: tions of the planning commission will then be forwarded to the Board for final consideration "The cumulative number of trips from the during a regularly scheduled board meeting. No proposed development expected to reach road proportionate fair-share agreement will be effec ways during the peak hour from the complete tive until approved by the board. build out of a stage or phase being approved, divided by the change in the peak hour maxi- mum service volume of roadways resulting (i) Any documents, plans or other information from construction of an improvement neces- provided to the county as part of an application or sary to maintain the adopted level of service, agreement for proportionate share,including,but multiplied by the construction cost, at the time not limited to,design plans,shall at no cost to the of developer payment, of the improvement nec- county become the property of the county,regard- essary to maintain the adopted level of ser- less of whether the application is approved or vice." "Construction cost" includes all associ- denied. ated costs of the improvement. (Ord. No. 06-51, § 1) More specifically: Sec. 75-203. Determining proportionate fair- Proportionate Fair Share = E [(Development share obligation. Trips;)/(SV Increased x Cost,' Where: (a) As provided in F.S. § 163.3180(16)(c), "Pro- Development Trips, = Those total project trips portionate fair-share mitigation for concurrency from the stage or phase of Development under impacts includes, without limitation, separately review that are assigned to roadway segment or collectively,private funds,contributions of land, "i". Note: Total project trips from the cumula- and construction and contribution of facilities." tive impacts of all phases of Development shall Such mitigation must relate to: (a) Transporta- be used to determine impacted roadway seg- tion facilities or facility segments specifically iden- ments, however mitigation will only be re- tified for funding in the five-year schedule of quired from those trips which have not previ- capital improvements in the capital improve- ously obtained concurrency. ments element of the local plan; (b) transporta- tion facilities or facility segments specifically iden- The total development trips on a segment may tified for funding in the long-term concurrency exclude project trips for previous phases of a management system, should the county elect, in project if: the future, to adopt a long-term concurrency (1) A final certificate of concurrency was management system; or (c) those facilities or issued for that phase of development segments specifically reflected in the five-year prior to the effective date of the schedule of capital improvements in the next proportionate fair-share program;and regularly scheduled update of the capital improve- ments element. (2) The project trips for the previously approved phase(s) significantly im- pacted the segment and were re- (b) As provided in F.S. § 163.3180(16)(c), a served in the concurrency manage- development shall not be required to pay more ment system on the roadway segment. than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation SV Increase; = Service volume increase pro- for the impacted facilities shall not differ regard- vided by the eligible improvement to roadway less of the method of mitigation. segment "i"; Supp.No.23 CD75:6 PROPORTIONATE FAIR-SHARE PROGRAM § 75-204 Cost; = Adjusted cost of the improvement to estimate will be consistent with unit bid segment "i". Cost shall include all improve- costs of recent similar unit bid items for ments and associated costs, such as design, public projects,within Collier County,and right-of-way acquisition, planning, engineer- within the last 12 months. In the absence ing, inspection, utilities, mitigation, project fi- of a comparable Collier County project nancing and physical development costs di- within the last 12 months, the county rectly associated with construction at the may elect to accept bid costs from an anticipated cost in the year it will be incurred, adjacent county or FDOT project. An in- including a 25 percent contingency.As set forth flation factor consistent with the average below, costs will be adjusted to reflect the localized increases reported within the actual cost at time of permitting. last three years will be added to the base (d) For the purposes of determining proportion- costs carried forward to the anticipated ate fair-share obligations, the county will accept construction year. This cost estimate will improvement costs based upon one of the follow- be reviewed for reasonableness and ap- ing methods: proved/disapproved by the county. If dis- approved,the grounds for the disapproval (1) Improvement costs based upon a certified will be indicated to the applicant so that a and sealed engineer's cost estimate based revised cost estimate may be resubmitted. on the county's approved 60 percent plans. Such cost estimate will be consistent with the unit bid costs of recent similar unit (e) If the county has accepted right-of-way bid items for public projects, within Col- dedication for all or part of the proportionate lier County,and within the last 12 months. fair-share payment,credit for the dedication shall In the absence of a comparable Collier be valued at the appraised fair market value as of County project within the last 12 months, the date of the application. Right-of-way that has ��— the county may elect to accept bid costs been dedicated as part of the mitigation for site from an adjacent county or FDOT project. access operational impacts shall not be credited An inflation factor consistent with the for fair-share calculations. The developer shall average localized increases reported within reimburse the county its full expense in acquiring the last three years will be added to the the requisite independent appraisals, together base costs carried forward to the antici with all expenses associated with the dedication, pated construction year. This cost esti including but not limited to surveying,legal,title mate will be reviewed for reasonableness and recording expenses. and approved/disapproved by the county. If disapproved,the grounds for the disap- proval (f) If the proposed development applying for will be indicated to the applicant proportionate fair-share significantly impacts one so that a revised cost estimate may be or more deficient segments in a Transportation resubmitted. Concurrency Management Area(TCMA), and the TCMA does not meet the adopted level of service (2) Improvement costs based upon a certified standard,the method to calculate the proportion- and sealed engineer's cost estimate simi- ate fair-share shall be consistent with this sec- lar to the development of "60 percent tion. plans" for a project defined in a propor- (Ord. No. 06-51, § 1) tionate fair-share agreement. The devel- opment of the estimate will follow the same procedures the county would follow Sec. 75-204. Impact fee credit for proportion- in the process of obtaining 60 percent ate fair-share mitigation. plans including but not limited to plan- ning, design, right-of-way determination, (a) Proportionate fair-share contributions shall mitigation, environmental permitting re- be applied as a credit against impact fees to the view and public involvement. Such cost extent that all or a portion of the proportionate Supp.No.23 CD75:7 §75-204 COLLIER COUNTY CODE fair-share mitigation is used to address the same the county,failing which the county may withhold capital infrastructure improvements contem- further development orders, including permits plated by the county's impact fee ordinance. and certificates of occupancy, for the develop- ment. This obligation shall run with the land. (b) Impact fee credits for the proportionate (Ord. No. 06-51, § 1) fair-share contribution will be determined when the transportation impact fee obligation is calcu- lated for the proposed development. Impact fees Sec. 75-205. Proportionate fair-share agree- owed by the applicant will be reduced per the ments. proportionate fair-share agreement as they be- come due per the county impact fee ordinance. If (a) Upon execution of a proportionate fair- the applicant's proportionate fair-share obliga- share agreement and receipt of payment, the tion is less than the development's anticipated applicant shall receive a county certificate of road impact fee for the specific stage or phase of concurrency approval. development under review, then the applicant or its successor must pay the remaining impact fee (b) Unless expressly set forth otherwise in the amount to the county pursuant to the require- agreement, payment of the proportionate fair- ments of the county impact fee ordinance. share contribution is due in full within 90 calen- dar days from the county's approval of the agree- (c) The proportionate fair-share obligation is ment, failing which on county's written notice to intended to mitigate the transportation impacts developer, the agreement shall be deemed termi- of a proposed development at a specific location. nated in all respects. Developer has no right to As a result, any road impact fee credit based upon cure this breach. proportionate fair-share contributions for a pro- posed development cannot be transferred to any (c) The agreement shall require the payment other location unless provided for within the of the actual costs of improvements. Should con- impact fee ordinance. struction associated with the proportionate fair- (d) If the actual costs associated with the im share agreement not occur within one year of the provement identified in the proportionate fair- adoption of the agreement, the applicant on re share agreement are less than that paid by the quest shall provide sufficient surety in the form of developer, developer shall be given a correspond- a bond or letter of credit that shall be held until ing impact fee credit. If the number of units set all actual costs have been determined and the forth in the county certificate of concurrency facility is substantially completed. approval issued pursuant to the proportionate fair-share agreement for the development are (d) All developer site related and off-site re- substantially completed, such that giving addi- lated improvements authorized under this chap- tional impact fee credits would be insufficient,the ter must be completed prior to commencing devel- county will refund this difference to the developer. opment. If the actual costs associated with the improve- ment identified in the proportionate fair-share (e) Dedication of necessary right-of-way for agreement are greater than that paid by the facility improvements pursuant to an agreement developer, then that difference will be deducted must be completed prior to issuance of the final against any impact fee credits previously granted development order or recording of the final plat. for the development. If the actual costs exceed the impact fee credits previously granted for the (f) Any requested change to a development development, or if impact fee credits have been project subsequent to a development order may be utilized such that the remaining credits are insuf- subject to additional proportionate fair-share con- ficient to meet the increased actual costs, then tributions to the extent the change would gener- developer shall have 90 calendar days from writ- ate additional traffic that would require mitiga- --� ten demand by the county to pay the difference to tion. Supp.No.23 CD75:8 PROPORTIONATE FAIR-SHARE PROGRAM §75-208 (g) Applicants may submit a letter to with- ment, offer in writing that the county instead draw from the agreement at any time prior to the consider entering into: (a) A development agree- execution of the agreement. The application fee ment pursuant to the Florida Local Government and any associated costs to the county, including Development Act; (b) a Developer Contribution advertising, will be nonrefundable. Agreement as set forth in section 74-205 of the (Ord. No. 06-51, § 1) Collier County Code of Laws and Ordinances; or (c)a developer agreement pursuant to the County's Sec. 75-206. Appropriation of fair-share rev- Home Rule authority. The county shall have ten enues. business days from receipt of this offer to respond. Nothing set forth herein shall preclude developer (a) Proportionate fair-share revenues shall be from initiating a proportionate fair-share pro- placed in the appropriate project account for fund- gram application should the parties for any rea- ing of scheduled improvements in the county CIE, son fail to enter into one of these alternative or as otherwise established in the terms of the agreements. agreement. At the discretion of the county, pro- portionate fair-share revenues may be used for (b) Should the parties agree to enter into a operational improvements prior to construction of development agreement pursuant to the Florida the capacity project from which the proportionate Local Government Development Act, they shall fair-share revenues were derived. Proportionate follow the process and procedure set forth in fair-share revenues may also be used as the 50 Article IV of Chapter 106 of the Collier County percent local match for funding under the FDOT Code of Laws and Ordinances,with the exception Transportation Regional Incentive Program(TRIP). that the development agreement pursuant to this chapter may encompass all matters authorized by (b) In the event a scheduled facility improve- F.S. §§ 163.3220-163.3243,known as the Florida ment is removed from the CIE,then the revenues Local Government Development Agreement Act. collected for its construction may be applied to- (Ord. No. 06-51, § 1) ward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development. (Ord. No. 06-51, § 1) Sec. 75-207. Intergovernmental coordina- tion. Pursuant to policies in the Intergovernmental Coordination Element of the County Comprehen- sive Plan and applicable policies in Southwest Florida Regional Planning Council, the county shall coordinate with affected jurisdictions,includ- ing FDOT,regarding mitigation to impacted facil- ities not under the jurisdiction of the local gov- ernment receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdic- tions for this purpose. (Ord. No. 06-51, § 1) Sec. 75-208. Alternative agreements. (a) A developer who otherwise qualifies for the proportionate fair-share program may, in lieu of entering into a proportionate fair-share agree- Supp. No. 23 CD75:9 Chapters 76, 77 RESERVED Supp. No.23 CD76:1