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Ordinance 99-39~ ~\~ ORDINANCE NO. 9 9 - ~9 PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE~ PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS~ ADOPTING A CERTAIN IMPACT FEE STUDY~ INCORPORATING BY REFERENCE THE COMPREHENSIVE PLAN~ PROVIDING FOR THE IMPOSITION OF PARK IMPACT FEES ON ALL PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION OCCURRING WITHIN COLLIER COUNTY~ DEFINING THE TERM PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION~ PROVIDING FOR THE PAYMENT AND COLLECTION OF PARK IMPACT FEES~ PROVIDING FOR THE USE OF PARK IMPACT FEES COLLECTED~ PROVIDING AN ALTERNATIVE METHOD OF CALCULATION OF PARE IMPACT FEES~ PROVIDING FOR EXEMPTIONS IN CONNECTION WITH PARK IMPACT FEES~ PROVIDING FOR CHANGES IN SIZE AND USE OF A BUILDING OR DWELLING UNIT~ PROVIDING FOR VESTED RIGHTS~ PROVIDING FOR AFFORDABLE HOUSING WAIVER AND DEFERRALS~ PROVIDING AN ALTERNATIVE COLLECTION METHOD FOR THE PARK IMPACT FEEW PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTION~ PROVIDING FOR REVIEW HEARINGS~ REQUIRING REVIEW EVERY THREE YEARS, DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT~ PROVIDING FOR REPEAL OF COUNTY ORDINANCE NO. 88-96, AS AMENDED~ PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES~ PROVIDING FOR SEVERABILITYX PROVIDINGAN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ARTICLE I GENERAL Section 1.01. Definitions. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "Accessory Building or Structure. shall mean a detached, subordinate structure, the use of which is clearly indicated and related to the use of the principal Building or use of the land and which is located on the same lot as the principal Building. · Affordable Housing. shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standards set forth and established in Appendix B of this Ordinance. .Alternative Park Impact Fee Study" shall mean a study prepared by the Applicant and submitted to the County Manager pursuant to Sections 2.05. .Apartment" means a rental Dwelling Unit located within the same Building as other Dwelling Units. .Applicant" shall mean the Person who applies for a Building Permit. "Board" shall mean the Board of County Commissioners of Collier County, Florida. .Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a Building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit. · Building Permit" shall mean an official document or certificate issued by the authority having Jurisdiction, authorizing the construction or siting of any Building. For purposes of this Ordinance, the term "Building Permit" shall also include tie-down permits for those structures or Buildings, such as a mobile home, that do not require a Building Permit in order to be occupied. "Community Park. shall mean a Countywide network of parks and recreational facilities which serve the residents of the unincorporated area of Collier County. · Comprehensive Plan" shall mean the comprehensive plan of the County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. .Condominium. means a single-family or time-sharing ownership unit that has at least one other similar unit within the same building structure. The term Condominium includes all fee simple or titled multi-unit structures, including townhouses and duplexes. "County" shall mean Collier County, a political subdivision of the State of Florida. "County Attorney" shall mean the person appointed by the Board of County Commissioners to serve as its counsel, or the designee of such Person. .County Manager" shall mean the chief administrative officer of the County, appointed by the Board of County Commissioners, or the designee of such Person. .County Park System" or "Park System. shall include all Community Parks and Regional Parks operated by the County. · Dwelling Unit" shall mean a Building or portion of a Building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons. .Encumbered" shall mean monies committed by contract or purchase order in a manner that obligates the County to expend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property provided by a vendor, supplier, contractor or Owner. .Impact Fee Study" shall mean the study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 3.08. .Local Government Comprehensive Planning and Land Development Regulation Act" means the provisions of Part II, Chapter 163, Florida Statutes (1999), as amended or supplemented, or its successor in function. "Mobile Home" means manufactured homes, trailers, campers or recreational vehicles. .Owner. shall mean the Person holding legal title to the real property upon which Parks and Recreational Facilities Impact Construction is to occur. .Park Impact Fee" or .Impact Fee. shall mean the fee imposed by the County pursuant to Section 2.01 or, if applicable, the Alternative Park Impact Fee. · Parks and Recreation Director" shall mean the Person appointed by the Board or the County Manager to supervise the administration, operation and acquisition of the County Park System, or the designee of such Person. .Parks and Recreational Facilities Impa~t Construction. shall mean land development construction designed or intended to permit more Dwelling Units than the existing use of land. 3 "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. "Regional Park" shall mean County parks and recreational facilities designed to serve all residents of the County including residents of the municipalities. "Residential" means Apartments, Condominiums, Mobile Homes, Single-Family Detached Houses or Assisted Living Facilities, as that term is defined in Section 400.402, Florida Statutes. "Single-Family Detached House" means a home on an individual lot. Section 1.02. Rules of Construction. For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: A. In case of any difference of meaning or implication between the text of this Ordinance and any caption, iljustration, summary table, or iljustrative table, the text shall control. B. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. C. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine gender. D. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." E. Unless the context clearly indicated the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or", the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. 4 3. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. F. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances or like kind or character. Section 1.03. Findings. It is hereby ascertained, determined and declared: A. Future growth represented by Parks and Recreational Facilities Impact Construction should contribute its fair share to the cost of improvements and additions to the County Park System that are required to accommodate the use of such parks and recreational facilities by such growth. B. Implementation of the Impact Fee to require future Parks and Recreational Facilities Impact Construction to contribute its fair share of the cost of improvements and additions to the County Park System is an integral and vital element of the regulatory plan of growth management incorporated in the Comprehensive Plan. C. The standard of service for the County Park System, as determined in the Impact Fee Study, is hereby approved and adopted by the County and found to be in conformity with the Comprehensive Plan. D. Capital planning is an evolving process and the standard of service for the County Park System constitutes a projection of anticipated need for parks and recreational facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the Board that the standard of service for the County Park System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.08, to insure that the Park Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. E. The imposition of the Park Impact Fee is to provide a source of revenue to fund the construction or improvement of the County Park System necessitated by growth as delineated in the capital improvement element of the Comprehensive Plan. F. The Board specifically finds that Regional Parks benefit all residents of the County and, therefore, the Regional Parks component of the Park Impact Fee shall be imposed in all areas of the County, including both the unincorporated area and within municipal boundaries. G. The Community Parks within the County Park System provide a real and substantial benefit to all residents of the County, including those within the municipalities. In recognition of the recreational facilities and activities which are provided by the municipalities and which parallel the Community Parks within the County Park System, the Community Park component of the Park Impact Fee shall not be imposed within municipal boundaries. H. The Board specifically finds that Community Parks within the County benefit all residents of the unincorporated area of the County because the County provides an interrelated network of Community Park programs and facilities which operate as a County- wide resource. I. This Ordinance shall not be construed to permit the collection of Impact Fees from Parks and Recreational Facilities Impact Construction in excess of the amount reasonably anticipated to offset the demand on the County Park System generated by the Parks and Recreational Facilities Impact Construction occurring subsequent to the effective date of this Ordinance. J. All improvements and additions to the County Park System needed to eliminate any deficiency between the existing Parks System and the standard of service as adopted in the Comprehensive Plan, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for the acquisition of improvements and additions to the County Park System which are necessitated by Parks and Recreational Facilities Impact Construction occurring subsequent to the effective date of this Ordinance. 6 K. It is hereby declared to be the policy of the Board that the improvements and additions to the County Park System, required to accommodate future growth, shall be funded entirely by the revenue derived from the Park Impact Fee. Therefore, no credit shall be given for any tax revenue sources which may have been utilized in prior years for the funding of Park System improvements or additions. In the event that this policy is altered by the subsequent action of the Board, or if additional revenue is received and committed for growth necessitated improvements and additions of the County Park System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section 3.08 and credit shall be given for any tax revenue which has been utilized for growth required improvements and additions to the County Park System. Section 1.04. Adoption of Impact Fee Study and Comprehensive Plan. The Board hereby adopts and incorporates by reference the study entitled "Rate Study for Impact Fees for Parks and Recreational Facilities for Collier County, Florida," dated March 18, 1999 and any amendments, updates or supplements thereto particularly the assumptions, conclusions and findings in such study and its amendments as to the determination of anticipated costs of additions to the County Park System required to accommodate growth. The Board further incorporates by reference the Comprehensive Plan and any amendments thereto as it relates to the improvements and additions to the County Park System. ARTICLE II PARK IMPACT FEE Section 2.01. Imposition. A. All Parks and Recreational Facilities Impact Construction within the County, both within the unincorporated areas and within the boundaries of all municipalities, shall pay the Park Impact Fee as set forth and established in Appendix A. B. The Park Impact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of a building permit and is intended to provide funds only for growth necessitated improvements and additions to the County Park System within the County. Section 2.02. Payment. A. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit for a Parks and Recreational Facilities Impact Construction, an Applicant shall pay the Park Impact Fee as set forth in Section 2.01. B. If the Parks and Recreational Facilities Impact Construction is located within the unincorporated area of the County, the Park Impact Fee shall be paid directly to the County. C. If the Parks and Recreational Facilities Impact Construction is located within a municipality, the Park Impact Fee shall be paid as follows: 1. If the municipality has entered into an interlocal agreement with the County providing for the collection of the Park Impact Fee, such Impact Fees shall be paid and collected in accordance with the provisions of the interlocal agreement. 2. If the municipality has not entered into an interlocal agreement with the County providing for the collection of the Park Impact Fee, such Impact Fees shall be paid directly to the County. D. If the Parks and Recreational Facilities Impact Construction is located within a municipality and the governing body of the municipality has not agreed to require proof of payment of the Park Impact Fees to the County prior to the issuance of a Building Permit by the municipality or to require additionally the payment of the Park Impact'Fee as a condition of the issuance of a Building Permit by the municipality, the Impact Fees shall be collected as provided in Section 3.05. E. The obligation for payment of the Park Impact Fees shall run with the land. F. In the event that a Building Permit issued for a Parks and Recreational Facilities Impact Construction expires prior to completion of the Parks and Recreational Facilities Impact Construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Park Impact Fees. Failure to timely apply for a refund of the Park Impact Fee shall waive any right to a refund. 1. The application for refund shall be filed with the County Manager and contain the following: (a) The name and address of the Applicant; (b) The location of the property which was the subject of the Building Permit; (c) The date the Park Impact Fee was paid; (d) A copy of the receipt of payment for the Impact Fee; and (e) The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the Parks and Recreational Facilities Impact Construction has not been completed, the County Manager shall refund the Park Impact Fee paid for such Parks and Recreational Facilities Impact Construction. 3. A Building Permit which is subsequently issued for a Parks and Recreational Facilities Impact Construction on the same property which was the subject of a refund shall pay the Park Impact Fee as required by Section 2.01. Section 2.03. Use of Monies for Regional Parks. A. The Board hereby establishes a separate trust account for the Park Impact Fees paid by the municipalities located within Collier County, to be designated as the "Regional Park Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Regional Park Impact Fee Trust Account shall be used solely for the purpose of providing growth necessitated construction improvements and additions to the Regional Parks within the County including, but not limited to: (1) Design and construction plan preparation; (2) Permitting and fees; (3) Land and materials acquisition including any costs of acquisition or condemnation; (4) Construction and design of improvements and additions to Regional Parks; (5) Design and construction of new drainage facilities required by the construction of improvements and additions to Regional Parks; (6) Relocating utilities required by the construction of improvements and additions to Regional Parks; (7) Landscaping; (8) Construction management and inspection; (9) Surveying, soils and material testing; (10) Acquisition of capital equipment for Regional Parks; (11) Repayment of monies transferred or borrowed from any budgetary fund of the County subsequent to the adoption of this Ordinance, which were used to fund any of the growth impacted improvements or additions as herein provided; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth impacted improvements and additions to the Regional Parks subsequent to the adoption of this Ordinance; (13) Reimbursement of excess Park Impact Fees due an Applicant pursuant to Section 3.07; (14) Design and construction of roadway improvements required by Regional Park facilities and (15) To the extent provided by law, reimbursement or refund of costs incurred by the County in the preparation of any update to the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.08 and any other administrative costs incurred by the County. Funds on deposit in the Regional Park Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. l0 C. The monies deposited into the Regional Park Impact Fee Trust Account shall be used solely to finance improvements and additions to the Regional Parks required by growth as projected in the Impact Fee Study. D. Any £unds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Regional Park Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Park Impact Fees which is not needed for improvements and additions to the Regional Parks may, at the discretion of the Board, be used to fund waivers or deferrals of Park Impact Fees pursuant to Section 3.04 of this Ordinance. In addition, to the extent permitted by law, any accrued interest on Park Impact Fees which is not needed for improvements and additions to the Regional Parks may, at the discretion of the Board, be used to fund waivers of Park Impact Fees if the Board makes the following findings by resolution: a. The entity requesting a waiver is a not-for profit corporation or business, or charitable organization; b. The entity provides services to low income or very low income citizens of Collier County at reasonable rates; c. The County does not provide such services; d. The provision of services provides substantial benefits to the citizens of Collier County. e. Sufficient funds in the Park Impact Fee accounts exist to fund the waivers; f. Funding for the waiver will only be used from the fund for which the waiver is granted; and g. The entity is a child care or similar support facility which is included in the original site development plans of an affordable housing project and which project has qualified for an affordable housing waiver or deferral. The resolution adopted by the Board shall state such ]! findings and authorize the payment, in whole or in part, of the Park Impact Fee. E. The Park Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property for which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such fee was paid. Refunds shall be made only in accordance with the following procedure: (1) The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the Park Impact Fee. (2) The petition for refund shall be submitted to the Parks and Recreation Director, and shall contain: (a) A notarized sworn statement that the petitioner is the then current Owner of the property for which the Impact Fee was paid; (b) A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee; (c) A certified copy of the latest recorded deed; and (d) A copy of the most recent ad valorem tax bill. (3) Within three (3) months from the date of receipt of a petition for refund, the Parks and Recreation Director will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then it shall be returned to the petitioner. For the purposes of 'this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. F. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for ]2 growth necessitated capital improvements and additions to the County Park System. Section 2.04. Use of Monies for Non-County-wide Facilities. A. The Board hereby establishes a separate trust account for the Park Impact Fees paid by the unincorporated area of Collier County, to be designated as the "Unincorporated Park Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Unincorporated Park Impact Fee Trust Account shall be used for the purpose of providing growth necessitated construction improvements and additions to the Regional Parks or Community Parks within the County including, but not limited to: (1) Design and construction plan preparation; (2) Permitting and fees; (3) Land and materials acquisition including any costs of acquisition or condemnation; (4) Construction and design of improvements and additions to Regional Parks or Community Parks; (5) Design and construction of new drainage facilities required by the construction of improvements and additions to Regional Parks or Community Parks; (6) Relocating utilities required by the construction of improvements and additions to Regional Parks or Community Parks; (7) Landscaping; (8) Construction management and inspection; (9) Surveying, soils and material testing; (10) Acquisition of capital equipment for Regional Parks or Community Parks; (11) Repayment of monies transferred or borrowed from any budgetary fund of the County subsequent to the adoption of this Ordinance, which were used to fund any of the growth impacted improvements or additions as herein provided; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth impacted improvements and additions to the Regional Parks or Community Parks subsequent to the adoption of this Ordinance; (13) Reimbursement of excess Park Impact Fees due an Applicant pursuant to Section 3.07; (14) Design and construction of roadway improvements required by Regional Park facilities or Community Park facilities; and (15) To the extent provided by law, reimbursement or refund of costs incurred by the County in the preparation of any update to the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.08 and any other administrative costs incurred by the County. Funds on deposit in the Unincorporated Park Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. C. The monies deposited into the Unincorporated Park Impact Fee Trust Account shall be used to finance improvements and additions to the Regional Parks or Community Parks required by growth as projected in the Impact Fee Study. If monies deposited in the Unincorporated Park Impact Fee Trust Account are used solely for Community Parks, then the Parks and Recreation Director shall ensure that other funding sources from the unincorporated area are used for Regional Parks to ensure that the level of service set forth in the Impact Fee Study for Regional Parks is met. D. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Unincorporated Park Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Park Impact Fees which is not needed for improvements and additions to the Regional Parks or Community Parks may, at the discretion of the Board, be used to fund waivers or deferrals of 14 Park Impact Fees pursuant to Section 3.04 of this Ordinance. In addition, to the extent permitted by law, any accrued interest on Park Impact Fees which is not needed for improvements and additions to the Regional Parks or Community Parks may, at the discretion of the Board, be used to fund waivers of Park Impact Fees if the Board makes the following findings by resolution: a. The entity requesting a waiver is a not-forprofit corporation or business, or charitable organization; b. The entity provides services to low income or very low income citizens of Collier County at reasonable rates; c. The County does not provide such services; d. The provision of services provides substantial benefits to the citizens of Collier County. e. Sufficient funds in the Park Impact Fee accounts exist to fund the waivers; f. Funding for the waiver will only be used from the fund for which the waiver is granted; and g. The entity is a child care or similar support facility which is included in the original site development plans of an affordable housing project and which project has qualified for an affordable housing waiver or deferral. The resolution adopted by the Board shall state such findings and authorize the payment, in whole or in part, of the Park Impact Fee. E. The Park Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property for which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such fee was paid. Refunds shall be made only in accordance with the following procedure: (1) The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the Park Impact Fee. (2) The petition for refund shall be submitted to the Parks and Recreation Director, and shall contain: (a) A notarized sworn statement that the petitioner is the then current Owner of the property for A which the Impact Fee was paid; (b) A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee; (c) A certified copy of the latest recorded deed; and (d) A copy of the most recent ad valorem tax bill. (3) Within three (3) months from the date of receipt of a petition for refund, the Parks and Recreation Director will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. F. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for growth necessitated capital improvements and additions to the County Park System. Section 2.05. Alternative Fee Calculation. A. In the event an Applicant believes that the impact to County Park System resulting from his Parks and Recreational "' Facilities Impact Construction is less than the fee established in Section 2.01, such Applicant may, prior to issuance of a Building Permit for such Parks and Recreational Facilities Impact Construction, submit a calculation of an Alternative Park Impact Fee to the office of the County Manager pursuant to the provisions of this Section. Upon receipt of the Alternative Park ]6 Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the Alternative Park Impact Fee and shall provide the Applicant written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Park Impact Fee was submitted. B. The Alternative Park Impact Fee calculations shall be based on data, information or assumptions contained in this Ordinance and the Impact Fee Study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. C. If a previously approved Parks and Recreational Facilities Impact Construction project submitted, during its approval process, an Alternative Park Impact Study substantially consistent with the criteria required by this Section, and if such study is determined by the Board to be current, the parks and recreational impact of such previously approved Parks and Recreational Facilities Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Park Impact Fee shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that an Alternative Park Impact Study conducted more than two years earlier is invalid. D. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Park Impact Fee complies with the requirements of this SeCtion and that the Alternative Park Impact Fee was calculated by the use of a generally accepted methodology, the Alternative Park Impact Fee shall be paid in lieu of the fee set forth in Section 2.01. E. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Park Impact Fee does not comply with the requirements ]7 of this Section or that the Alternative Regional Park Impact Fee was not calculated by a generally accepted methodology, then the County shall provide to the Applicant by certified mail, return receipt requested, written notification of the rejection of the Alternative Park Impact Fee and the reason therefor. F. The decision of the Board shall be in writing and issued within ten (10) working days of the review. G. Any Applicant or Owner who has submitted a proposed Alternative Park Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Park Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Exemptions. A. The following shall be exempted from payment of the Park Impact Fees: 1. Alterations or expansion of an existing Dwelling Unit where no additional Dwelling Units are created. 2. The construction of Accessory Buildings or Structures which will not create additional Dwelling Units. 3. The replacement of a Dwelling Unit where no additional Dwelling Units are created. 4. The construction of publicly owned Residential housing. 5. The issuance of a tie-down permit on a Mobile Home on which applicable Park Impact Fees have previously been paid. Section 3.02. Changes of Size and Use. Impact Fees shall be imposed and calculated for the alteration, expansion or replacement of a Building or Dwelling Unit or the construction of an Accessory Building if the alteration, expansion or replacement of the Building or Dwelling ]8 Unit or the construction of an Accessory Building results in a land use determined to increase the number of Dwelling Units. The Impact Fee imposed shall be upon each additional Dwelling Unit created by the alteration, expansion or replacement of the Building or Dwelling Unit or the construction of an Accessory Building. Section 3.03. Vested Rights. A. Any Owner of land which was the subject of a development order prior to the effective date of this Ordinance may petition the Board for a Vested Rights determination which would exempt the landowner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following criteria: 1. The existence of a valid, unexpired governmental act of the County authorizing the specific development for which a determination is sought; 2. Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this Ordinance; 3. Other factors that demonstrate it is inequitable to deny the Petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the Petitioners to comply with the requirements of this Ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the Petitioner the opportunity to complete the previously approved development: (a) Whether the injury suffered by the Petitioner outweighs the public cost of allowing the development to go forward without payment of the Impact Fee required by this Ordinance; and (b) Whether the expenses or obligations for the development were made or incurred subsequent to the effective date of this Ordinance. B. The County Attorney shall make a written determination as to whether the Owner has established a vested right in the 19 Parks and Recreational Facilities Impact Construction and, if so, whether the development would exempt the Owner from the provisions of this Ordinance. C. Any Owner aggrieved by a decision of the County Attorney pursuant to this Section may request a review hearing on such decision pursuant to Section 3.07. Section 3.04. Affordable Housing. A. Pursuant to the 9uidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Parks and Recreational Facilities Impact Construction which qualifies as Affordable Housing under Appendix B of this Ordinance. (1) Any person seeking an Affordable Housing waiver or deferral for proposed Parks and Recreational Facilities Impact Construction shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Parks and Recreational Facilities Impact Construction. The Application for waiver or deferral shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Parks and Recreational Facilities Impact Construction shall be constructed; (c) The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented; (d) The number of bedrooms in each Dwelling Unit of the Parks and Recreational Facilities Impact Construction. (2) If the proposed Parks and Recreational Facilities Impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.02. 20 B. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: (1) The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix B, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix B. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty (30) days thereof, and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be immediately repaid unless the Dwelling Unit is sold to another qualifying Owner. (2) The Owner, or if there is more than one Owner, one of the Owners, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not have had an ownership interest in his/her primary residence in the past three (3) years. (3) The Dwelling Unit must be the homestead of the Owner(s). (4) The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit, unless the Impact Fee is repaid to the County. C. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: (1) The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in Appendix B and the amount of rent must be within the Affordable Housing guidelines established in Appendix B. (2) The Dwelling Unit must be the household's permanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon the sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.04, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to a non-qualified purchaser during the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.04 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied 22 or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix B. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix B exceeds the Affordable Housing benefit standards set forth in Appendix B by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housin9 standards set forth in Appendix B. (2) If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix B, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in Section 3.04 for fifteen (15) years after issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Section: (1) The legal description of the Dwelling Unit. (2) Where an Impact Fee waiver or deferral is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or tenter, the Parks and Recreational Facilities Impact Construction must be sold. or rented to households meeting the criteria set forth in this Section in 23 order to maintain the waiver or deferral. Impact Fee waivers or deferrals paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix B qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty days thereof, and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. (3) For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County Affordable Housing Trust Fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the issuance of a certificate of occupancy, whichever occurs first. (4) For owner-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.04 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Impact Fees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. 34 (5) The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or upon repayment. In the case of a deferral, such release shall be recorded upon repayment. (6) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix B exceeds the Affordable Housing benefit standards set forth in Appendix B by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix B. (7) Upon satisfactory completion of the agreement requirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (8) In the event the Owner is in default under this agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. (9) The agreement shall be binding upon the Owner's successors and assigns. (10) The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and deferrals granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19. All Impact Fees waived or deferred shall be paid by the Board into the appropriate parks and recreational facilities impact fee trust account within six (6) years from the date of the award of a waiver and/or deferral as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the appropriate parks and recreational facilities impact fee trust account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years from the date of such waiver, or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or deferrals must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Dwelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix B or the minimum funding' requirements adopted in this' Section must occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Parks and Recreational Facilities Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in whole or part of Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of Section 3.04 shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dwelling Units serving very low and/or low income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years from the date such Impact Fees are deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.04 of this Ordinance) for a minimum of 15 years. N. The Board, in its discretion, may agree by Resolution to subordinate its lien for Impact Fees to a primary lender and/or government funded affordable housing loan such as SAIL or HOME loan if Owner can demonstrate that a subordination is necessary to obtain financing and, in the case of rental Dwelling Units, if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees at the expiration of the period of the deferral. Section 3.05. Alternative Collection Method. In the event the Park Impact Fees are not paid prior to the issuance of a Building Permit for the affected Parks and Recreational Facilities Impact Construction, the County shall proceed to collect the Park Impact Fees as follows: A. The County shall serve, by certified mail, return receipt requested, a "Notice of Impact Fee Statement" upon the Applicant at .the address set forth in the application for Building Permit, and the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The County shall also attach a copy of the "Notice of Impact Fee Statement" to the Building Permit posted at the affected Parks and Recreational Facilities Impact Construction site if the Building is under construction. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the Applicant or the Owner or the 27 date said notice was attached to the Building Permit, whichever occurs first. The "Notice of Impact Fee Statement" shall contain the legal description of the property and shall advise the Applicant and the Owner as follows: 1. The amount due and the general purpose for which the Park Impact Fees were imposed; 2. That a hearing pursuant to Section 3.07 may be requested within 30 calendar days from the effective date of service of the Notice of Impact Fee Statement, by making application to the Office of the County Manager. 3. That the Park Impact Fees shall be delinquent if not paid and received by the County within 30 calendar days of the effective date of service of the Notice of Impact Fee Statement, excluding the date of receipt or if a hearing is not requested pursuant to Section 3.07, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; and 4. That in the event the Park Impact Fees become delinquent, a lien against the property for which the Building Permit was secured shall be recorded in the Official Records Book of the County. B. The Park Impact Fees shall be delinquent if, within 30 calendar days from the effective date of service of the Notice of Impact Fee Statement, neither the Impact Fees have been paid and received by the County, nor a hearing is requested pursuant to Section 3.07. In the event a hearing is requested pursuant to Section 3.07, the Impact Fees shall become delinquent if not paid within 30 days from the date the Board determines the amount of Impact Fees due upon the conclusion o~ such hearing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the effective date of service of the Notice of Impact Fee Statement, or the date of the Board's decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the last due date prior to becoming delinquent, shall, be the next business day. Upon becoming delinquent, a delinquency fee equal to 10% of the total Impact Fee imposed shall be assessed. Such total Impact Fee, plus delinquency fee, shall bear interest at the statutory rate, for final judgments calculated on a calendar day basis, until paid. C. Should the Park Impact Fees become delinquent as set forth in Subsection B, the County shall serve, by certified mail return receipt requested, a "Notice of Lien" upon the delinquent Applicant, if the Building is under construction at the address indicated in the application for the Building Permit, and upon the delinquent Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The Notice of Lien shall notify the delinquent Applicant and delinquent Owner that due to their failure to pay the Park Impact Fees, the County shall file a Claim of Lien with the Clerk of the Circuit Court. D. Upon the mailing of the Notice of 'Lien, the County Attorney shall file a Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Claim of Lien shall contain the legal description of the property, the amount of the delinquent Impact Fee and the date of its imposition. Once recorded, the Claim of Lien shall constitute a lien against the property described therein. The County Attorney shall proceed expeditiously to collect, foreclose or otherwise enforce said lien. E. After the expiration of one year from the date of recording of the Claim of Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173~ Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. F. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. 29 G. The collection and enforcement procedures set forth in the Section shall be cumulative with, supplemental to and in addition to, all other applicable procedures provided in any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of Florida. Section 3.06. Developer Contribution Credit. A. The County shall grant a credit against the Park Impact Fees imposed pursuant to Section 2.01, for the donation of land or for the construction of any park or recreational facilities or improvements and additions thereto made to the County Park System required pursuant to a development order or made voluntarily in connection with Parks and Recreational Facilities Impact Construction. Such land donation and construction and improvement shall be subject to the approval of the Board and shall be an integral part of and a necessary accommodation to an existing or contemplated Community or Regional Park. B. The amount of Developer Contribution Credit to be applied shall be determined at the time that the Park Impact Fees are paid according to the following standards of valuation: 1. The value of the credit due to the developer as a result of a donation to Collier County of an easement or a fee simple estate in land shall be calculated in accordance with Section 2.7.2.8.1, Collier County Land Development Code, entitled "Dedication of the public facilities and development of prescribed amenities", as it may be amended from time to time, or its successor provision; and 2. The cost of anticipated construction of parks and recreational facilities improvements to the County Park System shall be based upon cost estimates certified by a professional architect or engineer. 30 C. Prior to issuance of a building permit the Applicant shall submit to the County Manager a proposed plan and estimate of costs for contributions to the County Park System. The proposed plan and estimate shall include: 1. A designation of the Parks and Recreational Facilities Impact Construction for which the proposed plan is being submitted; 2. A legal description of any land proposed to be donated and a written appraisal prepared in conformity with subsection B.1. of this Section; 3. A list of the contemplated park and recreational facilities improvements contained within the plan; 4. An estimate of proposed construction costs certified by a professional architect or engineer; and 5. A proposed time schedule for completion of the proposed plan. D. Upon receipt of the proposed plan, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the proposed plan was submitted. E. The Board shall determine: 1. If such proposed plan of construction is in conformity with contemplated parks and recreational facilities additions to the County Park System; 2. If the proposed plan is consistent with the public interest; and 3. If the proposed construction time schedule for the completion of the plan is consistent with the County's capital improvement program for the County Parks System. The decision of the Board as to whether to accept the proposed plan of donation or construction shall be in writing and issued within ten (10) working days of the 3! review. A copy shall be provided to the Applicant. Upon approval of a proposed plan of construction, the Board shall determine the amount of construction credit based upon the above standards of valuation and shall approve the timetable for completion of construction. F. All construction cost estimates shall be based upon, and all construction plans and specifications shall be in conformity with the parks and recreational facilities construction standards of the County. All plans and specifications shall be approved by the Parks and Recreation Director prior to commencement of construction. G. Any Developer Contribution Credit granted from the regional park component of the Impact Fee shall only be for those donations or contributions made to a Regional Park. H. Any Developer Contribution Credit granted from the Community Park component of the Impact Fee shall only be for those donations or contributions made to a Community Park. I. Any Applicant who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Park Impact Fees. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. J. In the event the amount of developer contribution determined to be applicable by the Board pursuant to an approved plan of construction exceeds the total amount of Impact Fees due by the Applicant based upon the contemplated improvements to the County Park System proposed by the Applicant, the County shall execute with the Applicant an agreement for future reimbursement of the excess of such contribution credit from future receipts by the County of the Impact Fees. Such agreement of reimbursement shall not be for a period in excess of five years from the date of completion of the approved plan of construction and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five year period. 32 Section 3.07. Review Hearings. A. An Applicant or Owner who is required to pay a Park Impact Fee pursuant to Section 2.01, shall have the right to request a review hearing. B. Such hearing shall be limited to the review of the following: 1. The application of the Park Impact Fee pursuant to Section 2.01. 2. A Vested Rights determination under Section 3.03. 3. The denial of an Affordable Waiver or Authorization for Deferral pursuant to Section 3.04. C. Such hearing shall be requested by the Applicant or Owner within thirty (30) days of the date of first receipt of the following: 1. Notice of Impact Fee Statement; 2. A Vested Rights determination; 3. The denial of an Affordable Housing Waiver or Authorization for Deferral. Failure to request a hearing within the time provided shall be deemed a waiver of such right. D. The request for hearing shall be filed with the Office of County Manager and shall contain the following: 1. The name and address of the Applicant or Owner; 2. The legal description of the property in question; 3. If issued, the date the Building Permit was issued; 4. A brief description of the nature of the construction being undertaken pursuant to the Building Permit; 5.If paid, the date the Park Impact Fee was paid; and 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. E. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at the regularly scheduled meeting or a special meeting called for the purpose of conducting 33 the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. F. Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit, or if a Building permit has been issued without the payment of the Park Impact Fee, shall pay prior to or at the time the request for hearing is filed the applicable Impact Fees pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. H. An Applicant or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this Section. Section 3.08. Review Requirement. A. This Ordinance and the Impact Fee Study shall be reviewed by the Board initially in connection with its approval of the capital improvements element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance and the Impact Fee Study shall be reviewed at least every three years. The initial and each review shall consider new estimates of population and other socioeconomic data; changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions or findings set forth in the study adopted by Section 1.04. The purpose of this review is to evaluate and revise, if necessary, the Park Impact Fee to assure that they do not exceed the reasonably anticipated costs 34 associated with the improvements and additions necessary to offset the demand generated by the Parks and Recreational Facilities Impact Construction on the County Park System. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the study adopted by reference in Section 1.04, revises or changes the County Park System or alters or changes the amount of Impact Fees, the study adopted by reference in Section 1.04 shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt by reference such updated studies. B. Simultaneous with the review of the Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements element of the availability and adequacy of revenue sources to construct improvements and additions to the County Park System determined in the Impact Fee Study to be required to accommodate existing development. Section 3.09. Declaration of Exclusion from Administrative Procedures Act. Nothing contained in this Ordinance shall be construed or interpreted to include the County or any municipality in the County in the definition of Agency contained in Section 120.52, Florida Statutes, or to otherwise subject the county or any municipality in the County to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Ordinance including specifically, but not limited to, consideration of a petition for Vested Rights determination under Section 3.03, a determination of entitlement to an Impact Fee Waiver or Authorization for Deferral pursuant to Section 3.04, and a review hearing under Section 3.07. Section 3.10. Repeal of County Ordinances. Collier County Ordinance No. 88-96, as amended by Ordinance No. 91-39, as amended by Ordinance No. 92-29, as amended by Ordinance No. 92-97, as amended by Ordinance No. 93-52, as amended by Ordinance No. 94-6, as amended by Ordinance No. 94-17, 35 as amended by Ordinance No. 94-50, as amended by Ordinance No. 95-23, as amended by Ordinance No. 96-19, as amended by Ordinance No. 99-23, is hereby repealed in its entirety. Section 3.11. Inclusion in Code of laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section 3.12. Severability. If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the event it is held or construed by any court of competent jurisdiction that the County does not possess the power or authority to impose the Park Impact Fee within municipal areas or that the imposition of the Park Impact Fees within municipal areas is declared invalid or unconstitutional for any purpose, such declaration of unconstitutionality or invalidity shall not affect the validity or constitutionality of the imposition of the Park Impact Fee in the unincorporated area of the County and it is the intent of the County, in such event, that such imposition of Impact Fees in the unincorporated areas remain valid and in force. 36 Section 3.13. Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. DULY ADOPTED in regular session, this~ day of ~ , 1999. __ ATTEST: BOARD OF COUNTY COMMISSIONERS P man . ,,.. ,..,.~,.% ...~,..., ~ ~. Heidi F. Ashton Assistant County Attorney h:p~li~/hg/hfa/ord/5/99 Impact Fees - Parks and ~ecreation ~tion 1 This ordinc, mc~ (; ~'~. width the Secreta,y c.f [,clI:="s C:([]ca the end od<nowz7:: ~:--'n~:~ of l'nc]t filing rec,.dve{:~ ~ht: f~day 37 Section 3.13. Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. DULY ADOPTED in regular session, this~ day of ~ , 1999. __ ATTEST: BOARD OF COUNTY COMMISSIONERS P man . ,,.. ,..,.~,.% ...~,..., ~ ~. Heidi F. Ashton Assistant County Attorney h:p~li~/hg/hfa/ord/5/99 Impact Fees - Parks and ~ecreation ~tion 1 This ordinc, mc~ (; ~'~. width the Secreta,y c.f [,clI:="s C:([]ca the end od<nowz7:: ~:--'n~:~ of l'nc]t filing rec,.dve{:~ ~ht: f~day 37 AFFORDABLE HOUSING DEFINITIONS. BENEFIT STANDARDS. AND LIMITATIONS The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee waivers and deferrals (herein referred to as "benefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very low income families means those families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). b) Low income families means those families whose incomes are more than fifty percent (50%) and do not exceed sixty percent (60%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). c) Moderate income families means those families whose incomes are more than sixty percent (60%) and do not exceed eighty percent (80%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall not be in excess of thirty percent (30%) of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. II. BENEFIT STANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very low income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very low income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner-occupied Dwelling Units which exclusively serve low-income families and which are the owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve low income families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate income families and which are the owners homestead shall be required to pay twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. f) Parks and Recreational Facilities Impact Construction which meets the cdteria set forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: .ORDINANCE NO. 99-39 Which was adopted by the Board of County Commissioners on the 25th day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1999. Clerk of'Courts By: Lisa Steel~e',~='=h'~