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Ordinance 98-030 ~ES ~ A ~RTI~ OF CHOKO~S~ IS~ ~~3 ~R PA~ ~ COx.x-X~I~ OF ~A~ ~ DEF~ T~ ~ FI~ STS~ ~ACT C~S~UCTI~ ~ · ~ ~~T~ ~ ~TI~ ~D~3 ~R ~~G ~R ~T-t~CTI~ OF ~ACT ~S ~ C~~ ~ ~ DE~S~ P~D~G ~ST TO BE P~D ~ ~ ~ ~S~ ~D~G ~R D~P~ C~IB~I~ ~IT~ ~ ~ DE~G ~USI~ ~ ~IS~T~ ~~S ~ ~D~3 ~R ~D~ ~TION OF ~ ~S~ ~~G ~R C~I~ ~ S~ILI~ ~D~G ~R ~USI~ ~ CODE OF ~S ~ O~~S~ ~D~3 ~ E~~ DA~. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ARTICLE I Section 1.01. Definitions When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "Accessor~ Building or Structure" shall mean a detached, subordinate building, the use of which is clearly indicated and related to use of the principal Building or use of the land and which is located on the same lot as the principal Building. "Affordable Nonsing" shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standard set forth and established in Appendix A of this Ordinance. "Alternative FAre Ionpact Fee StudX" shall mean a study prepared by an Applicant or Owner and submitted to the County Manager pursuant to Section 2.04. "Alternative ~p. act Fee" shall mean any alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.04 or Section 3.08. - I - "Applicant" shall mean the person who applies for a Building Permit. "Board" shall mean the Board of County Commissioners of Collier County, Florida. "Bui143.ng" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property .of any kind, or any other improvement, use, or structure which creates or increases the potential demand on the Fire Services System. 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. "Buil4ing 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 Hom~, that do not otherwise require a Building Permit in order to be occupied. "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. "CountT" shall mean Collier County, a political subdivision of the State of Florida. "County Attorne3[" shall mean the Person appointed by the Board 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 or the designee of such Person. "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 moneys committed by contract or purchase order in a manner that obligates the County to expend the encumbered amount upon the delivery of goods, the rendering of services or the conveyance of real property interests by a vendor, supplier, contractor or Owner. - 2 - "Fire Director" shall mean the Person appointed by the Board or the County Manager to supervise the administration, operation and requisition of the Fire Services System or the designee of such person. "FAre District Area" shall mean collectively the Isles of Capri Fire District and the Ochopee Fire District. "FAre Impact Fee Trust Account" shall mean, as appropriate, the Isles of Capri Impact Fee Trust Account or the Ochopee Impact Fee Trust Account which are established in Section 2.03 of this Ordinance. "FAre Impact Fee Study" shall mean the study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 3.09. "Fire Services System" shall mean the Buildings, land, apparatus and equipment provided by the County that are used primarily for the providing of medical care and the emergency transportation of the sick, injured or incapacitated upon the streets, highways, waterways or airways of Collier County. "Fire S~'$t$m Impact Construction" shall mean land development construction designed or intended to permit a use of the land which will contain more Dwelling Units, Buildings or floor space than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the Fire Services System. "Florida Local Government Development A~reexment Art" shall mean the provisions of Sections 163.3220 through 163.3243, Florida Statutes, as amended or supplemented, or its successor in function. "Impact Fee" shall mean the fee imposed by the County pursuant to Section 2.01 of this Ordinance. "Impact Fee Rate" shall mean the Impact Fee imposed for a particular Fire System Impact Construction under the applicable Impact Fee land use category established in the schedules incorporated in Section 2.01 of this Ordinance. filllee of Cepri FAre District" shall mean the area identified as the Isles of Capri Fire District and described on Appendix "Lease1 GoveZnnmnt Comprehensive Planning and Land Development Regulation Act" shall mean the provisions of Part II, - 3 - Chapter 163, Florida Statutes, as amended or supplemented, or its successor in function. "Mixed Use Fire System Impact Construction" shall mean a Fire System Impact Construction in which more than one Impact Fee land use category is contemplated with each category consisting of a separate and identifiable enterprise which is not subordinate to or dependent on other enterprises within the Fire System Impact Construction. "Mobile Home" shall mean manufactured homes, trailers, campers or recreational vehicles. For the purpose of imposing impact fees relative to travel trailers, which are otherwise heroin encompassed by the term "mobile home", travel trailer lots or spaces shall be classified in conformance with the definition of use provided for in the County's zoning regulations and Comprehensive Plan. "Ochopee Fire District" shall mean the area identified as the Ochopee Fire District and described on Appendix "C". "Owner" shall mean the Person holding legal title to the real property ~pon which Fire System Impact Construction is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other entity. "Residential" shall mean apartments, condominiums, Mobile Homes, Single Family Detached Houses or adult congregate living facilities, as those terms are defined by Section 400.402, Florida Statutes. "Single Family De~aohed House" shall mean a home on an individual lot. "Square Footage" shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the Building. 8e~tio~ 1.02. Rules of Construot~Lon 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, appendix, summary table, or iljustrative table, the text shall control. - 4 - 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~ and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary~ 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 indicates 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 terms, conditions, provisions or events may apply singly or in any combination. 3. rEither...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 of like-kind or character. Sect£on 1.03. Findings It is hereby ascertained, determined and declared that: A. Future growth represented by Fire System Impact Construction should contribute its fair share to the cost of improvements and additions to the Fire Services System that are required to accommodate the use of such facilities by such growth. B. Implementation of the Impact Fee structure to require future Fire System Impact Construction to contribute its fair share of the cost of improvements and additions to the Fire Services 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 Fire Services System, as determined in the Fire Impact Fee Study, is hereby approved - 5 - and adopted by the County and found to be in conformity with the Comprehensive Plan. D. Fire Services System planning is an evolving process and the standards of service in the Fire District Area for the Fire Services System constitutes a balancing of anticipated need for facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamic nature of population growth, it is the intent of the Board that the standard of service for the Fire Services System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.09, to insure that the Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. E. The imposition of the Impact Fee is designed and intended to provide a source of revenue to fund the construction or improvement of the Fire Services System necessitated by growth as delineated in the capital improvement element of the Comprehensive Plan. F. The BOard specifically finds that fire services benefit the residents of the areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island and, therefore, the Impact Fees shall be imposed in areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island. G. This Ordinance shall not be construed to permit the collection of Impact Fees from Fire System Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Fire Services System generated by the Fire System Impact Construction occurring subsequent to the effective date of this Ordinance. R. All improvements and additions to the Fire Services System needed to eliminate any deficiency between the existing Fire Services 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 Fire Services System which are necessitated by Fire System Impact Construction occurring subsequent to the effective date of this Ordinance. - 6 - I. It is hereby declared to be the policy of the Board that the improvements and additions to the Fire Services System, required to accommodate future growth, shall be funded by the e revenue derived from the Impact Fees. Therefore, credit shall be given for tax revenue sources which have been utilized in prior years for the funding of Fire Services 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 Fire Services System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section 3.09 and credit shall be given for any revenue which has been utilized for growth-required improvements and additions to the Fire Services System. J. The provisions in this Ordinance relative to developer contribution credit represent an innovative land development regulation which the Local Government Comprehensive Planning and Land Development Regulation Act encourages local government to employ via its ~and development regulations. Seation 1.04. Adoption of Impact Fee Study and Comprehensive Plan. The Board hereby adopts and incorporates by reference the study entitled "Isle of Capri Fire District and Ochopee Fire District Fire Impact Fee Study dated July 30, 1997.", particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of additions to the Fire Services System required to accommodate growth. The Board further incorporates by reference the Comprehensive Plan as it relates to the improvements and additions to the Fire Services System. ARTICLE IX IMPACT FEE Se~ion 2.01. Im~osition A. All Fire System Impact Construction occurring within the Fire District Area shall pay an Impact Fee in accordance with the schedule shown on Appendix B of this Ordinance. B. The Board hereby adopts the Impact Fees incorporated within Appendix B which shall be imposed upon all Fire System Impact Construction occurring within the County. - 7 - C. The Impact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of any Building Permit and is intended to provide funds only for growth- necessitated improvements and additions to the Fire Services system. Section 2.02. Payment A. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit, an Applicant shall pay the appropriate Impact Fee as set forth in Section 2.01. 1. If the Fire System Impact Construction is located within the unincorporated area of the County, the Impact Fee shall be paid directly to the County. 2. If the Fire System Impact Construction is located within a municipality and the governing body of the municipality by interlocal agreement or otherwise has agreed to require payment of the Impact Fee as a condition of the issuance by the municipality of a Building Permit, then such Impact Fee shall be paid to the City. 3. ~f the Fire System Impact Construction is located within a municipality and the governing body of the municipality has not agreed to require the payment of the Impact Fee as a condition of the issuance of a Building Permit by the municipality, then the Impact Fees shall be paid as provided in Section 3.06. B. The obligation for payment of the Impact Fee shall run with the land. C. In the event that a Building Permit that was issued for Fire System Impact Construction expires prior to completion of the Fire System 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 Impact Fee. 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 Impact Fee was paid~ d. A copy of the rec~,ipt of payment for the Impact Fee; and - 8 - 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 Fire System Impact Construction has not been completed, the County Manager shall refund the Impact Fee paid for such Fire System Impact Construction. 3. A Building Permit which is subsequently issued for Fire System Impact Construction on the same property which was the subject of a refund shall pay the Impact Fee as required by Section 2.01. Section 2.03. Use of Monies A. The Board hereby establishes two separate trust accounts for the Impact Fees within the Isles of Capri Fire District and the Ochopee Fire District, to be designated as the "Isles of Capri Fire Impact Fee Trust Account" and the "Ochopee Fire 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 the appropriate trust account immediately upop receipt. B. The monies deposited into the Fire Impact Fee Trust Account shall be used solely for the purpose of providing growth- necessitated construction improvements and additions to the Fire Services System including, but not limited to: 1. Design or construction plan preparation; 2. Permitting and fees; 3. Land acquisition including any costs of acquisition or condemnation; 4. Construction and design of Fire Services System Buildings, facilities or improvements and additions thereto; 5. Design and construction of drainage facilities required by the construction of Fire Services System Buildings, facilities or improvements and additions thereto; 6. ReiDcaring utilities required by the construction of Fire Services System Buildings, facilities or improvements and additions thereto; 7. Landscaping, incident to or necessitated by the expansion of the Fire Services System Buildings, facilities or improvements and additions thereto; 8. Construction management or inspection; - 9- 9. Surveying, soils and material testing; 10. Acquisition of apparatus or equipment necessary to expand the Fire Services System; 11. Repayment of monies transferred or borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance which were used to fund construction, acquisition of improvements and additions to the Fire Services System 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 Fire Services System; and 13. Waiver or Deferral of Impact Fees due an Applicant pursuant to Section 3.05. 14. To the extent provided by law, reimbursement of costs incurred in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County. C. Funds on deposit in the Fire Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. D. The monies deposited into the Fire Impact Fee Trust Account shall be used solely to provide improvements and additions to the Fire Services System required by growth- generated by Fire System Impact Construction as identified in the Fire Impact Fee Study. E. Any funds on deposit which are not i~unediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Fire Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Impact Fees which is not needed for improvements and additions to the Fire Services System may, at the discretion of the Board, be used to fund waivers or deferrals of Impact Fees pursuant to Section 3.05 of this Ordinance. F. The Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property on behalf of which such fee was paid if such fees have not been expanded or encumbered prior to the end of the fiscal year - l0 - Immediately following the sixth anniversary of the date upon which such fee was paid. Refunds due under these circumstances 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 Impact Fee. 2. The petition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall contain: a. A sworn statement that the petitioner is the then current Owner of the property on behalf of 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 or other instruments evidencing tttle~ a representation that ~he most recent recorded deed or other instruments reflect the exact names of all current legal owners; a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the County; d. A copy of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of a petition for refund, the County Manager 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 the 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. G. 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 - 11 - growth-necessitated capital improvements and additions to the Fire Services System. Seation 2.04. Alternative Fee Calculation A. In the event an Applicant or Owner believes that the impact to the Fire Services System necessitated by his Fire System Impact Construction is less than the fee established in Section 2.01, such Applicant or Owner may, prior to issuance of a Building Permit for such Fire System Impact Construction, submit a calculation of an Alternative Impact Fee to the office of the County Manager pursuant to the provisions of this Section. B. Upon timely submission of an Alternative Impact Fee calculation, the basis therefor and receipt of the Alternative 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 Impact Fee and shall provide the petitioner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Impact Fee was submitted. C. The Alternative Impact Fee calculation shall be based on data, information or assumptions contained in this ordinance and the Fire Impact Fee Study or an independent source, provided that the independent source is a local study supported by a professionally prepared data base determined to be adequate for the conclusions contained in such study, performed according to a generally-accepted methodology and based upon generally-accepted standard sources of information relating to facilities planning, cost analysis and demographics. D. If during a prior Alternative Impact Fee calculation process, an acceptable Alternative Impact Fee study substantially consistent with the criteria required by this Section has been accepted by the Board, and if such study is determined by the Board to be now current and applicable, the Fire Services System impact of such previously approved Fire System Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Impact Fee shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that such an impact study based upon an independent source conducted and accepted by the Board more than two years earlier is invalid. - 12 - I. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee complies with the requirements of this Section and that the Alternative Impact Fee was calculated by the use of a generally-accepted methodology, then the Alternative Impact Fee shall be paid in lieu of the fee set forth in Section 2.01. F. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee does not comply with the requirements of this Section or is otherwise not equitable or that the Alternative Impact Fee was not calculated by the use of 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 Impact Fee and the reason therefor. G. At the sole discretion of the Board, the alternative impact fee review hearing may be adjourned or continued for up to thirty (30) days to cause further study or scrutiny of any proposed Alternative Impact Fee or Alternative Impact Fee study by either County staff or outside consultants. The final decision of the Board shall be in writing and issued within twenty (20) calendar days of the close of the review hearing. H. Any Applicant or Owner who has submitted a proposed Alternative Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to, or at the time the proposed Alternative Impact Fee is submitted, the applicable 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 Se~tion 3.01. Exesptions A. The following shall be exempted from payment of Impact Fees: 1. Alterations or replacement of a Dwelling []nit or Building with a new Dwelling Unit or Building of the same - 13 - size or use and which will not increase the square footage associated therewith. 2. The construction of publicly-owned governmental buildings. 3. The issuance of a tie-down permit on a Mobile Home on which applicable 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 Unit or the construction of an Accessory Building results in a land use determined to: (1) increase the number of Dwelling Units; (2) increase the square footage; or (3) change the land use so as to constitute a different Impact Fee land use category. The Impact Fee imposed under the applicable Impact Fee Rate shall be calculated as follows: A. If the Impact Fees are calculated on land use and not square footage,, the Impact Fees imposed shall be the Impact Fees due under the applicable Impact Fee Rate for the Impact Fee land use category resulting from the alteration, expansion or replacement less the Impact Fee that would be imposed under the applicable Impact Fee Rate for the Impact Fee land use category prior to the alteration, expansion or replacement. B. In the event the square footage of a Building is increased, the Impact Fee shall be calculated only for that increased square footage. C. The Impact Fee imposed for any Accessory Buildings shall be that applicable under the Impact Fee Rate for the land use for the primary 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 Owner 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; - 14 - 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 develppment were made or incurred subsequent to the effective date of this Ordinance. n. The County Attorney shall make a written determination as to whether the Owner has a vested right and, if so, whether the vested right would exempt the Owner from the provisions of this Ordinance. C. Any Owner aggrieved by a decision of the County Attorney may appeal said decision pursuant to Section 3.08 to the Board within thirty (30) days of the date of the written decision, by filing said appeals with the Clerk to the Board and with a copy to the County Attorney. D. Any written agreement entered into prior to the effective date of this Ordinance between the Owner of any property and the County, which establishes, restricts or prohibits the imposition of Impact Fees by the County shall be binding upon the County and not subject to the provisions of this Ordinance. Provided, however, that if such written agreement is amended to increase the amount of Fire System Impact Construction pez~nitted on the property, that such additional Fire System Impact Construction shall be required to pay the Impact Fee as provided by the Ordinance. - 15 - Seotion 3.04. Interest to be Paid on Certain Refunds X. Monies refunded in accordance with Subsection F Of Section 2.03 shall be paid with interest. Interest paid pursuant to this Subsection shall be paid at the rate of five percent (5%) simple interest. B. Except as provided for in Subsection "A" of this Section, no interest shall be paid upon the return of Impact Fees. Seotion 3.05. Affordable Housing A. Pursuant to the guidelines 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 Fire System Impact Construction which qualifies as Affordable Housing under Appendix A of this Ordinance. 1. Any person seeking an Affordable Housing waiver or deferral for proposed Fire System Impact Construction shall file with the County Manager an application for waiver or deferral, prior to receiving a Building Permit for the proposed ~ire System Impact Construction. The application for waiver or deferral shall contain the following: a. The name and address of the Owners b. The legal description of the Residential property upon which the Fire System 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 Fire System Impact Construction. 2. If the proposed Fire System 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. B. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: - 16- 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 gee waiver or deferral, as those terms are defined in Appendix A and the monthly payment to purchase the unit must be within the Affordable Rousing guidelines established in Appendix A. 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 A and the amount of rent must be within the Affordable Housing guidelines established in Appendix A. 2. The Dwelling Unit must be the household's permanent residence. - 17 - 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 3.05, 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 ti~e 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 3.05 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. Q. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix A. 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 - 18 - within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit tenter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A 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 A. (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 A, the Owner shall maintain the waiver and/or defertel. 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 this Section 3.05 for fifteen (15) years after the 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 defertel is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Fire System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or defertel. Impact Fee waivers or deferrals paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix A 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 defertel 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, - 19 - 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 Owelling 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 Mousing 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 origiDal qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.05 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. 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 full. In the caseof a deferral, such release shall be recorded upon repayment in full. - 20 - 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 Section 3.05(H). 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 tenter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A 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 A. 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 Fire 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 - 21 - time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the Fire 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 even~, 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 A 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, Fire System 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 requiremen%s, and subject to all conditions, of Section 3.05 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 3.05 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 - 22 - 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. However, the Board in its discretion may waive the requirement of additional or substitute collateral for rental Dwelling Units if the Owner or the general partner of Owner is a not-for-profit corporation or organization and the Dwelling Units to be constructed are detached single family houses. The Board in exercising its discretion shall consider the debt to equity ratio and the equity on the Dwelling Units available to cover the County's subordinate lien interest. Seotion 3.06. Alternative Collection Method In the event the Impact Fee is not paid prior to the issuance of a Building Permit or otherwise within ninety (90} days of the subject lands becoming characterized as Fire System Impact Construction, the County shall proceed to collect the Impact Fee as follows: A. The County shall serve, by certified mail, return receipt requested, a notice of impact fee statement upon the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. If the Building is under construction, the County shall also 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 make a diligent effort to also attach a copy of the notice of impact fee statement to the Building Permit posted at the affected construction site. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the Applicant or the Owner, or, if the Building is under construction, the date said notice was attached to the Building Permit, whichever occurs first. The notice of impact fee statement shall contain a reasonable legal description of the property and shall advise the Applicant and the Owner that: 1. The amount due and the general purpose for which the Impact Fee was imposed; 2. A hearing pursuant to Section 3.08 may be requested within thirty (30) calendar days from the effective date of service of the notice of impact fee - 23 - statement, by making application to the office of the County Manager. 3. The Impact Fee shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of service of the notice of impact fee statement if a hearing is not requested pursuant to Sections 2.04 or 3.07. 4. Upon becoming delinquent, the Impact Fee shall be subject to the imposition of interest on the unpaid amount until paid. 5. In the event the Impact Fee becomes delinquent, a notice of claim of lien against the property will be recorded in the Official Records of the County. B. The Impact Fee shall be delinquent if, within thirty (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 has the Owner properly complied with the provisions of Section 2.04, nor has a review hearing been requested pursuant to Section 3.08. In the event a hearing is requested pursuant to Sections 2.04 or 3.08, the unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the Board determines the amount of Impact Fees due upon the conclusion of such a hearing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said 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, the Impact Fees shall bear interest at the statutory rate for final Judgments calculated on a calendar day basis, until paid. C. Should the Impact Fee become delinquent as set forth in Subsection "B", the County shall serve, by certified mail return- receipt requested, a notice of lien upon the 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 serve to notify the delinquent Applicant and Owner, - 24 - as the case may be, that failure to pay the Impact Fee has caused the County to file a notice of claim of lien with the Clerk of the Circuit Court. D. Upon mailing a notice of lien, the County Manager shall file a notice of claim of lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The notice of claim of lien shall contain the Owner's name, the legal description of the property, the amount of the delinquent Impact Fees and the date of their imposition. Thereafter, without further direction of the Board, staff shall proceed to expeditiously collect, foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. E. The County Manager shall file a notice of satisfaction of claim of lien with the Clerk of the Circuit Court for recording in the Official Records upon receipt of full payment for a delinquent Impact Fee, interest due, and any recording expenses. Said notice of satisfaction of claim of lien shall reflect the appropriate recording information shown on the previously reco;ded notice of claim of lien. F. After the expiration of one year from the date of recording of the notice of 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. Q. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior to the interest on such parcel or property of any Owner, lessee, tenant, mortgagee or other Person except the lien of County taxes and shall be on a parity with the lien of any such County taxes until paid as provided herein. H. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of - 25 - 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 ordinance or administrative regulation of the County or any applicable law or administrative regulation of the State of Florida. Sootion 3.07. Developer Contribution Credit A. The County may enter into a contribution agreement with a developer which grants a credit against Impact Fees imposed by Section 2.01 in exchange for certain donations of land, apparatus or equipment, or for the construction or installation of certain Fire Services System Buildings, facilities or improvements and additions thereto. Such land donation, construction, and improvement shall be subject to the approval of the Board and shall be an integral part of and 8 necessary accommodation to 8n existing or contemplated Fire Services System expansion. B. The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: 1. 7he value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. 2. The cost of anticipated construction to the Fire Services System shall be based upon professional opinions of probable cost certified by a professional architect or engineer. 3. In the case of contributions of construction, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions to the Fire Services System identified in a contribution agreement between the Owner and the Board. Upon adjustment of the value of the developer's contribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more than seventy five percent (75%) of the - 26 - initial estimate of costs for contributions to the Fire Services System identified in the con~ribution agreement shall be actually applied or used in the calculation of available credit against Impact Fees. 4. The value of apparatus and equipment shall be based on the actual cost. 5. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developerrs contribution. C. All construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the construction standards and procedures of the County. All plans and specifications shall be approved by the County Manager prior to commencement of construction. D. Prior to issuance of a Building Permit the Applicant shall submit to the County Manager a proposed plan and estimate of costs for gontributions to the Fire Services System. The proposed plan and estimates shall include: 1. A designation and description of the Fire System 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 "S (1)" of this Section~ 3. Initial professional opinions of probable construction costs for the proposed construction provided by a professional architect or engineer; 4. A proposed time schedule for completion of the proposed plan prepared by a professional architect or engineer; and 5. A list of the contemplated Fire Services System improvements, apparatus, or equipment sought to be donated. 6. A written statement of the actual cost for any equipment or apparatus sought to be donated. 7. A Twenty-Five Hundred Dollar ($2,500) processing, review and audit fee payable to the County. E. Upon favorable review of the proposed plan, the County Manager shall schedule a presentation before the Board at a - 27 - 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 presentation. e F. The Board shall authorize the County Attorney to prepare a contribution agreement with the Owner only if: 1. Such proposed plan is in conformity with contemplated improvements and additions to the Fire Services System; 2. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Fire Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the Fire Services System; and 3. The proposed plan is consistent with the public interest; and 4. The proposed time schedule for completion of the plan is consistent with the most recently adopted five year capital improvement program for the Fire Services System. G. The processing, review and audit fee shall be returned to the Applicant if either the County Manager or the Board determines that the proposed plan is not acceptable. The processing, review and audit fee shall become non-refundable once the Board authorizes the County Attorney to prepare a contribution agreement. ~. Any contribution agreement shall at a minimum include and provide for: 1. Identification of the parties including a representation from the Owner(s) that he (they) is (are) the sole record owner(s) of the real property described in the contribution agreement. If requested by the County e Attorney, the Applicant or Owner shall provide to the County Attorney, at no cost to the County, an attorney's opinion identifying the record owner(s), his (their) authority to enter into the contribution agreement and identify any lienholders having a lien or encumbrance on the real property which is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each - 28 - lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 2. A finding that the contributions contemplated by the agreement are consistent with the Comprehensive Plan. 3. A legal description of the Fire System Impact Construction lands subject to the agreement. 4. The duration of the agreement, which shall not be for a period in excess of five years from the date of substantial completion of the approved plan of construction or from the date of donation, but in no event shall the duration exceed seven years, exclusive of any moratoria, from the date of recording in the Official Records. 5. A description of the contributions to the Fire Services System to be made pursuant to the agreement. 6. An acknowledgment that the contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by the County. 7. An acknowledgment that the contribution agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. Adoption of an approved time schedule for completion of the proposed improvements. 9. Determination of the amount of credit based upon the standard of valuation identified in Subsection "B" of this Section. 10. A requirement that the Owner keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of the improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five years from the termination of the contribution agreement. 11. A requirement that the credit for Impact Fees identified in the contribution agreement shall run with the subject Fire System Impact Construction lands and shall be reduced by the entire amount of the Impact Fee due on the - 29 - first Building Permit issued thereon and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. 12. That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the contribution agreement. 13. An acknowledgment that the failure of the contribution agreement to address any permit, condition, term, or restriction shall not relieve either the Applicant or Owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 14. Compliance with the risk management guidelines which may be established by the County's Risk Management Department from time to time, including but not limited to insurance and indemnification language acceptable to the County. 15. Annual review and audit of performance under the contribution agreement to determine whether or not there has been demonstrated good faith compliance with the terms of the contribution agreement and to report the credit applied toward payment of Impact Fees and the balance of available and unused credit. If the Board finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. 16. Modification or revocation of the contribution agreement as is necessary to comply with relevant State or Federal laws, if State or Federal laws are enacted after the execution of the contribution agreement which are applicable to and preclude the parties' compliance with the terms of the contribution agreement. 17. Amendment or cancellation by mutual consent of the parties, or by their successors in interest, to the contribution agreement. 18. Recording of the contribution agreement in the Official Records within fourteen (14) days after the County enters into the contribution agreement. - 30 - 19. The ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of the contribution agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the agreement. I. In the event the amount of developer contribution pursuant to an approved plan of construction exceeds the total amount of Impact Fees possibly due from the Applicant based upon the contemplated improvements to the Fire Services System proposed by the Applicant, the contribution agreement shall provide for future reimbursement to the Applicant or Owner of the excess of such contribution credit from future receipts by the County of Impact Fees. Such agreement or reimbursement shall not be for a period in excess of five years from the date of recording the contribution agreement in the Official Records and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five-year period. J. In the event the amount of developer contribution pursuant to an ~pproved plan of construction or donation of land exceeds the total amount of Impact Fee credits used on the benefiting Fire System Impact Construction lands identified in a contribution agreement, the contribution agreement may provide for the reimbursement of up to one-half (1/2) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from Impact Fees collected during the fiscal year immediately following the fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, from the date or recording the contribution agreement in the Official Records, whichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available within the time frames described herein, the remaining balance of any Impact Fee credits shall be forfeited. K. Any Applicant or Owner 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 proposed plan is submitted the applicable 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 review rights. Any difference between the amount paid and the amount due, as - 31 - determined by the Board, shall be refunded to the Applicant or Owner, Smogion 3.08. Review Bearings X. An Applicant or Owner who is required to pay an 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 Impact Fee pursuant to Section 2.01. 2. A denial of an Affordable Housing waiver or deferral pursuant to Section 3.05. 3. The failure to grant or the granting of an insufficient Alternative Impact Fee pursuant to Section 2.04. 4. The granting of insufficient credits for the donation of land apparatus or equipment or construction of improvements and/or additions pursuant to Section 3.07. C. Excep~ as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner within thirty (30) days, including Sundays and legal holidays, of the date of first receipt of whichever of the following is applicable: 1. Receipt of a notice of impact fee statement; 2. The denial of an Impact Fee waiver or deferral; 3. Receipt of a vested rights determination pursuant to Section 3.03; and 4. The notification of the determination of any Alternative Impact Fee. 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 the County Manager and shall contain the following: 1. The name and address of the Applicant and 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 improvements on the property or the construction being undertaken pursuant to a Building Permit; - 32 - 5. If paid, the date the Impact Fee was paid; and, 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. .. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. The hearing shall be held within thirty (30) 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 request for the 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 Sectio~ 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 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 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 approved upon completion of the review provided in this Section. Section 3.09. l~viewl~quirmment X. This Ordinance and the Fire Impact Fee Study shall be reviewed by the Board initially in connection with its approval of the Capital Improvement Element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance shall be reviewed at least every three {3) years. The initial and each review shall consider new estimates of population and other socioeconomic data and changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions and findings set forth in the study adopted by Section 1.04. The purpose of this review is to ensure that the Impact Fees do not exceed the reasonably - 33 - anticipated costs associated with the improvements necessary to offset the demand generated by Fire Services System Impact Construction. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section 1.04, revises or changes the Fire Services 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 new and demonstrable 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 Fire Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements elements for the availability and adequacy of revenue sources to construct improvements and additions to the Fire Services System determined in the Fire Impact Fee Study to be required to accommodate existing development. Section J.lO. peclaration of Exclusion from Xdminist~ative Procedures 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 to the application of the Administrative Procedure 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, but not limited to, consideration of an Alternative Impact Fee calculation under Section 2.04, a determination of entitlement to an Impact Fee waiver or deferral pursuant to Section 3.05, the proposed plan for a developer contribution under Section 3.07, or a review hearing under Section 3.08. Section 3.11. Individual Calculation of Impact Fees. A. in the event a Fire System Impact Construction involves a land use not contemplated under the Impact Fee land use categories set forth in Appendix "B", or a use of land which is so unique that it should be considered separate from the other Fire System Impact Construction contained within the land use category, the County Manager shall calculate appropriate Impact - 34 - Fees based upon the impact of such Fire System Impact Construction on the Fire Services System. B. In the event Fire System Impact Construction involves a Mixed Use Fire System Impact Construction, the County Manager shall calculate the Impact Fees based upon the number of Dwelling Units and/or square footage to be generated by each separate Impact Fee land use category included in the proposed Mixed Use Fire System Impact Construction. Section 3.12. Conflic~ and Severabilit~ The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Seed/on 3.13 Inclusion in Co~ie of Laws and Ordinances The provis~ons of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be tenumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Sect/on 3.14. Effeotive Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~/ day of~a~___,1998. '.."'~'ATTEST: ~!']"".~ BOARD OF COUNTY COMMISSIONERS DWIGHT 'E{ .BROCK, Clerk COLLIER COUNTY, FLORIDA '~ ~RBA B. B REY~ ~pproved,~S to form and le~a}..sU~ficiency: ~ Tl~ls ordinance figed wlth ~etdt ~. Ashton Socreto~ of St te's ffice m~,2f dcy of '~i ~ Assistant County Attorney - 35 - APPENDIX A 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 deferrats (herein referred to as "benefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very tow incame 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 mere 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 mere than sixty percant (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 I~ayment, indudlng property taxes and insurenca shall not be in excees of thirty percent (30%) of the families household income. In no instance will rental limits exceed the rental limits established by the Flodda 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 owners 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 f'd~y 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 tarms of the Impact Fee Ordinance. e) Affordable Housing owner-occupied Dwelling Units which exclusively lerve moderate income families and which are the owner's homestead shall be required to pay twenty-five percent (25%) of the applicable Impact Fee, and shall have :. leventy~five percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordlnanca. ~ 36 - f) Fire Services System Impact Construction that meets the criteria set forth In Subsections B end C of Section 3.05 constructed by an Agency of Collier County or by an Independent govemmental agency pursuant to an interlocal agreement with Collier County end which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waned, pursuant to the terms of the Impact Fee Ordinance. NOTE: An amendment to the Appendix shell require a public heedrig of the Board of County Commissioners occurring after 5:00 p.m. - 37 - Residential $288.97 per Dwelling Unit Commercial $ .60 per square Foot Additional Impact Fee $157.27 per Dwelling Unit for high rise development - 38 - HRE DISTRICT AREAS ISLES OF CAPRI FIRE DISTRICT: Sections 19, 20, 21, 22, 27, 28, 29, 30, 31.32, 33 and 34 of Township 51 South. Range 26 East, and those portions of Sections 4, 5 and 6 of Township 52 South, Range 26 East, which lie north of the Marco River. OCHOPEE FIRE DISTRICT: All of Township 505 of Range 34E; Township 5IS of Range 34E; Township 525 of Range 34E; Township 535 of Range 34E; Township 50S of Range 33B; Township 51S of Range 33B; Township 525 of Range 33E; Township 53S of Range 33E; Township 505 of Range 32E; Township 515 of Range 32E; Township 525 of Range 321~; Township 535 of Range 32E; Township 505 of Range alE; Township 515 of Range 31E; Township 52S of Range 31E; Township 538 of Range 31E; Township 505 of Range 30E; Township 51 S, Range 30E; Township 525, Range 30E; Sections 1,2,3,4,5,6.7,8.9,10,11,12 and that portion of Chokoloskee Island contained in Sections 30 and :~1, Township 535, Range 30E; 5ectiona 1,2.11.12,13,14,23,24,25,26,35 and 36, Township 505. Range 29E; Sectiota 1,2.11,12.13,14,23.24,25,26,35 and 36. Township 515, Ran~e 29E; Seaions 1.2.11.12.13,14,18,19,20,21,22.23,24,25,26,27,28,35 and 36, Township 525, Range 29E; Seaions 1.2.11,12.13.14.23,24.25,26 and 36, Township 535. Range 29E; including the incorporated area of the City of Everglades being more particularly described as the Town of Everglade~ as described in Plat Book 1, page~ 87-95 of the Public Records of Collier County, Florida; and including Sections 3,4,5,6,8,9,10,11,13,14 and 24, Township $25, Range 28E; Seaions 35 and 36 and all that area south and east of State Road 92 within Section 34, ~'ownship 515, Range 27E; Section I, Township 525, Range 27E. ISLE OF CAPR! FIRE DISTRICT and OCHOPEE FIRE DISTRICT FIRE IMPACT'FEE STUDY Prepare for: Dlene B. RaDii, Chief Department of Rre & Emergency Servlce~ 3301 East Temlami Trail Naples, Florida 34112 Prepared by: Fishkind & Associates, Inc. 11869 HIgh Tech Avenue Orlando, Florida 32817 July 30, 1997 Isle of Caprl Hre Dlstrlst and Ochopee Rre DIstrict Fire Impact Fee Study 1.1) Introduction 1.1 Purpose of Impact Fees A pdmary rmionale for Implementing Impact fees is to cause new growth to pay for its own capital needs without burdening existing taxpayers. State and federal subsidies for capital Infrastructure ere declining, increarAng the costs to local government and the local population. Impact fees help replace these subsidies so that new growth pays for the Infrastructure it needs. Another rationale for Implementing impact fees is to synchronize the construction of new or expanded capital capacity with the construction of new development. The collection of Impact fees provides an aitemative to debt financing by providing a funding source for the new capital infrastructure, Pmpedy designed Impact fees will also provide greater cost recovery from development that is more expensive to serve, Standard flat fees or taxes may result in lower cost development subsidizing higher cost development, Impact fees can be designed to reduce or eliminate this disparity by requiring development to pay for its full share of the cost of capital infrastructure, 1.2 Assignment Flshldnd & Associates, Inc, has been contracted by Collier County to develop a fire Impact fee and methodology for the Isle of Ci~od and Ochopee Fire Districts, 2.0 Capital Improvements 2.1 Determining Quantity and Cost of Capital Improvements Over time, new growth has, and will continue to demand, a proportionate share of the services provided by the fire department. The development of high-rise buildings in Isle of Capd will Increase the concentration of residents in the area and generate demand for a new fire station and equipment. The spedtic type of development will also generate demand for a specialized apparatus, an aerial truck. The Increased residential deve,Ippment outside of Everglades City in the Ochopee Fire District, has and will continue, to generate demand for another fire staGon, Although there are no fire facility standards in the two fire districts, the need for the additional fire stations and equipment are well documented by department staff. The value of the existing capital radiities and equipment were provided by County Staff; ~e new fire fadlitles axed equipment has, when possible, been gathered from current sources. Most of the current costs were provided by the Chiefs of the two fire districts. 3.0 Proportionate. Share of Capital Costs 3.1 Purpose The purpose in calculating the proportionate share of capital costs is based upon the idea that: 1) new development should not Impose a ~nandal burden on the community and 2) that new development should not have to pay for existing de~ctendes in the community. 3.2 Factors There are several factors which must be considered In calculating the proportionate share of capital costs. According to James Nicholas, et al in the book 'A Practltioner's Guide to Develop~nent Impact Fees,' these factors include: The cost of existing facilities The methods by which the existing capital improvements were financed The extent to which new developments have already contributed to the cost of the existing capital Improvements through taxes and fees already paid The extent to which new developments will pay for existing capital improvements in the Mure through user fees, debt service payments, or other payments toward the cost of existing capital Improvements The extent to which new developments are required to construct and/or dedicate capital Improvements as conditions of development or construction approval Extraordinary costs, if any, In serving the new development Ocho_pee Fire District Isles of Capri Fire District Combined and (per acts) $4.000 5 $20,000 Land (per acm) $20,000 I $20,000 md $40,000 Existing Building $75,000 1 $75,000 Existing Bulidlng $75,000 I $75,000 ~iew Building $150,000 Pumper Truck 3 $227,000 Pumper Tnx~ $150,000 1 $150,000 p~ Truck $377,000 Rescue Trucks 2 $150.000 Rescue Tnx:~ I $100,000 Rescue Truc~ $250,000 Mini Attack Unit $70.000 I $70,000 Mini Attack Unit $70.000 I $70,000 Jini Attack Unit $140.000 800 MHZ $38,000 100 MHZ $38.000 ~00 MHZ $76.000 Admin Vehicle 3 $35.000 ~dmin Vehicle $27,500 2 $55.000 Admin Vehicle $90,000 Equipment $48.~6 Equipment ~ Equipment $E5.23~ Total $663,235 Told $525.000 Total $1.188,235 ctedto Serve Hew Gr~'~ Ocho_.Lmm Fire District Isles of Capri Fire DIstrict Combtned Land (per acre) $20,000 2 $40,000 Land (per acre) $20,000 1 $20,000 .and $60,000 New Bulkling $75,000 2 $150,000 New Building $100,000 I $100,000 New Building $250,000 Pumper Truc~ $150,000 2 $300,000 Pumper Truck $150,000 I $150,000 Pumper Truck $450,000 Aerial Truck Aerial Truck $309,800 I $309,800 ~ Truck $309,800 Heavy Rescue Unit $100,000 2 $200.000 Heavy Rescue Unit $100,000 I $100.000 Heavy Rescue Unit $300.000 800 MHZ $8,000 2 $16,000 ]00 MHZ $8.000 1' $8.000 300 MHZ $24,000 ~,dmln Vehicle $25,000 1 $25,000 Admin Vehicle $25,000 2 $50,000 ~lmin Vehicle $75,000 Equipment $41,800 I ~ Equipment $41,800 I ~ F-.quipment ~ Total $772,800 Total $779,600 TotaJ $1,552,400 4.3 Current Level of Service Calculation The calculation of the current level of service Is provided in Table 3. After depredation, the value of the current capital fadlitles and equipment 18 $831,765. Using the 60:40 ratio, $499,059 of the current value is allocated to existing residential development, and $332,706 is allocated to existing commerdal development. With 1,727 residential units and 551,646 square feet of commercial development, the current level of service is: $288.97 per residential unit and $ 0.60 per square foot of commercial space. 4.4 Residential Development Population projections for both fire districts were provided by the Collier County Comprehensive Planning Section These figures were divided by the number of yeare (10) to obtain the average population Increase per year. This average annual increase was used to calculate a population Increase of 3,853 by the year 2020. The number of households was calculated by dividing the 2020 population projection by the average household size. Since the two fire dlstrlcts have large seasonal population fluctuations, and the average household size has been declining, 2 people per household was used as the divisor. The total increase in households was calculated to be 1,926 units (Table 4). These 1,926 units were divided Into the residential capital cost of $835,560 to get a gross Impact fee of $433.78. 4.4 Corninertial Development No corninertial development projections were available from the comprehensive planning department. Therefore, a ratio between the current number of commercial square feet and the current number of households was created. This ratio was used to project an increase in commercial square feet of 615,291 by 2020 {Table 4). By dividing the commercial capital cost of $557,040 by the projected number of square feet provides a gross Impact fee of $0.91 per square foot of commercial development. Isle of Ceprl & Ochopee Rre DIstricts Calls for Service Percent 60% 40% Total Gross Capital Value $1,188,235 Depredation J. aSJL.4Z.t. Total Net Capital Value $831,765 $499,059 $332,706 Total Residential U;~its ' 1,727 Total Corninertial Sq Ft 551,646 Gross Cost per Unit $288,97 $0.60 Current Level of Sewice Cost/Unit $288.97 $0.60 No current excess capacity Vehicle calls, brush fires and marine activities not Included Costs based upon existing capital inventory lass depredation Commercial Squaro Feet Includes capmgrounds, hotels and motels 4.5 Credits for Future Payments It is antidpatecl that all property owners will continue to pay an ad valorera tax to cover the existing and replacement lease/purchase equipment. Therefore, 8 credit for these future payments must be deducted from the gross impact fee calculation. The present value of the current annual lease payment of $28,000 is calculated and then allocated to residential and commerdal development by the calls for service ratio (Section 4.2 and Table 4). The credit for residentlal development is $116.21 per unit and the credit for commercial development is $0.24 per square foot. 4.6 Net Impact Fee After the, credit for future payments, the calculated net impact fee for residential development is $317.56 per unit. The net Impact fee for commercial development is $0.66 per square foot. Since much of the demand for additional fire department facilities and equipment is created by the location of development rather than the amount of additional development, it is recommended that impact fees be established at the current level of service value of $288.97 per residential unit and $0.60 per square foot of commercial development. 4.7 Extraordinary Capital Costs - High-Rise Development Add-On Fee High-rise development, three stodes and higher, creates a unique demand on the fire departments. An aedal truck is required to properly fight fires in high-rise buildings. The cost of an aerfal truck (approximately $309,000) is significantly higher than the standard pureper by about $159,000. This impact fee model assumes that: 1) the base cost (the cost of a pureper truck) would be covered by all development, but the additional cost of the aedal truck ($159,000) would be covered only by hlgh-dse development; and 2) that the aedal truck could be used to respond to calls at low-rise and high-rise development. The Isle of Capri fire dlstdct currently has approximately 386 high-rise units. Assuming that there are 5 lots available for 20-story high-rise buildings of 125 units each, there will be an additional 625 high-rise units constructed. It would be inappropriate to charge the 625 units for the total incremental prfce of the aedal truck, Therefore, the $159,000 incremental cost Is divided by all 1,011 high-rise units. The additional aerial truck fee will be · $157.27 per high-rise unit. a 4: Isle of Clprl a Ochopee Fire DIstricts Im F Calculallon Calls for SeNIce Percent 6C)% 40% Total Capital Cest for New Gr, Twth $1,552,400 Less Aedal extra cost ~ Total Net Capital Cost $1,392,600 $835,560 $557,040 Gross Co;t par Unlt $433.78/unit $0.91/sq. fT. Credits for Future Payments (r,/,, 20 yrL) $116.21/unit $024 Isq. ft. Calculated Net impact Fee , $317,56/unit $0,66 IKI, fi, Existing Level of Service Value $288.97/unit $0.60 Isq. fL Prepared Net Impact Fee $288.97 lunlt $0.60 laq. ft. EsUmaled High-RIse Units 1,011 Current High-Rise Units 386 Future High-Rise Units 625 Cost of Aedal $309,000 Cost of Pureper Excess Cost of Aerial $159,000 AddiUonal Fee for HIgh RIse Resldentlah $157.27 lunlt Isle el Capd Population Growth 2,017 {Bamed on Coilit' Courtly Comprehendve Renting 2007 proJec6orm) echopea Population Growth ~ (Ba~d on Criler County Comprehendve Platting 2007 proJeclbm) Total Populalion Growth 3,853 Isle of Capd Residential Units 1,009 Oc~ Residential Units 918 Totid New Units 1,926 units 615,291 sq, IL No current excess capaclly Vehicle calls, bm~h fires and marine actMUes not included Existing level of service requirements equal oxlsUng capital costs less depreciation ; Comrnerdal square feet includes caprngrounds, hotels and motels Population Growth includes seasonal population People par Household: 2.0 Projected Commercial Sq FI/HH (551,646 11,747 319 Projected capital improvements/acqutsitions are pad of Counly Comp;ehenslve Plan 4.8 Assumptions and Disclosures 1. This Impact fee methodology assumes that there Is a nexus between the County's Comprehensive Land Use Plan, Capital Improvement Program and the proposed impact fees. These plans typically provide the basis for establishing the need for new capital infrastructure. 2. This Impact fee methodology assumes that there is not any existing excess capacity that can adequately respond to new development. 3. This Impact fee methodology does not make use of any existing facility or level of service standards. The lack of standards prevents the determination of existing shortfalls or excess capacity. 4. New c~pital requirements were tied to the current level of service and may be deficient or may exceed future demand generated from new growth. 5. This Impact fee methodology assumes that all residential development has the same impact on the fire department. No calls for service data was available to distinguish between single family, multifamily, and mobile homes. 6. This Impact fee methodology assumes that all commercial development has the same impact on the fire department. No calls for service data was available to distinguish between the different types of commercial property. 7. No data was available for number of hotel units so they are Included as commercial square feet. 8. This impact fee methodology assumes that the rescue boat operated by the Isle of Capri Fire District benefits the entire county and should not be part of this district's impact fee schedule. 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. 98-30 Which was adoptedby the Board of County Commissioners on the 21st day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of April, 1998. Ex-officio to .Board 6f' '.. , County Commis~~s~. Deputy Clerk.. '~,, '~.~. '.. .......