Ordinance 98-069
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COLLIER COUNTY
REGIONAL WATER AND/OR SEWER SYSTEMS
Il\-IP ACT FEE ORDINANCE
ORDINANCE NO. 98-~
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COLLIER COUNTY PUBLIC WORKS DMSION
3301 TAMIAMI TRAIL, EAST
NAPLES, FLORIDA 34112
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COLLIER COUNTY REGIONAL WATER AND/OR SEWER SYST_S
IMP ACf FEE ORDINANCE ;: ~
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TABLE OF CONTENTS
SECfION 1. ADOPTION OF ORDINANCE.
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ARTICLE 1. DEFINITIONS. EXCLUDED AREAS. RULES OF CONSTRU~TION:-
FINDINGS. AND READOPTION AND RATIFICATION OF MASTER PLANS.
1.01 Definitions............................... 4
1.02 Arens Generally Excluded from Imposition of Water and/or
Sewer Impact Fees. . . . . . . . . . . . . . . . . . . . . . . . . .. 9
1.021 Areas Generally Excluded from Imposition of Sewer Impact
Fees Only. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 11
1,03 Rules of Construction. . . . . . . . . . . . . . . . . . . . . . . . . . 12
1.04 Findings.,................,.............. 13
1.05 Readoption and Ratification of Master Plans. . . . . . . . . . . . . , 15
ARTICLE II. WATER AND/OR SEWER SYSTEMS IMPACT FEES
2.01 Imposition...,.,.....,.................... 16
2.02 Payment................................. 17
2.03 Use of Moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2.04 Alternative Fee Calculation. . . . . . . . . . . . . . . . . . . . .. 23
2.1 ARTICLE Ill. MISCELLANEOUS PROVISIONS
3.01 Exemptions............................... 25
3.02 Changes of Size and Use. . . . . . . . . . . . . . . . . . . . . . . .25
3.03 Interest to be Paid on Certain Refunds . . . . . . . . . . . . . . . . . 26
3.04 Affordable Housing . . . . . . . . . . . . . . . . . . . . . . . . . . .26
3.041 Affordable Housing Definitions, Benefits, Standards and Limitations. 31
3.05 Alternative Collection Method . . . . . . . . . . . . . . . . . . . . .33
3.06 Developer Contribution Credit . . . . . . . . . . . . . . . . . . . . .35
3.07 Review Hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
3.08 Review Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . .40
SECfION 2. Repeal of Prior Ordinances Relating to the Regional Water
and/or Sewer Systems Impact Fees.. . . . . . . . . . . . . . . . . . . . . . .40/41
SECfION 3. Declaration of Exclusion from Administrative
Procedures Act. . . . . . . . . . . . . . . . . . . . . . . .41
SECfION 4. Conflict and Severability . . . . . . . . . . . . . . . 41
SECfION 5. Inclusion in the Code of Laws and Ordinances ....... 41
SECfION 6. Effective Date ... . . . . . . . . . . . .. . . . . . . . . .41
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e RESIDENTIAL: LIVING BASIS OF FEE METER ERC WATER SEWER
SPACE ALLOCATION SIZE IMPACT IMPACT
(Sq. Ft.) FEE FEE
SINGLE FAMILY o to 4,999 Per Unit Yo" 1.0 $1,275.00 $1,575.00
(No more than Sq.Ft.
4 bathrooms)
SINGLE FAMILY Over 5,000 Meter Size! Per nla Based on $1,575.00
(More than Sq.Ft. Per Unit Ordinance Meter Size
4 bathrooms)
MULTI-FAMILY o to 750 Per Unit Per .33 $ 420.00 $ 520.00
DUPLEX Sq.Ft. Per Unit Ordinance
MOBILE HOME Per Unit or Space
TRAVEL TRAILER! Per Unit or Space
RV (TfRV)
MULTI-FAMILY 751 to 1,500 Per Unit Per .67 $ 855.00 $1,055.00
DUPLEX Sq.Ft. Per Unit Ordinance
MOBILE HOME Per Unit or Space
MULTI-FAMILY 1,501 or More Per Unit Per 1.0 $1,275.00 $1,575.00
DUPLEX Sq.Ft. Per Unit Ordinance
MOBILE HOME Per Unit or Space
NON-RESIDENTIAL: WATER METER SIZE WATER SEWER
IMPACT IMPACT
FEE FEE
Yo $ 1,275.00 $ 1,575.00
I $ 3, I 88.00 $ 3,938.00
1-1/2 $ 6,375.00 $ 7,875.00
2 $ 10,200.00 $ 12,600.00
3 $ 20,400.00 $ 25,200.00
4 $ 3 I ,875.00 $ 39,375.00
6 $ 63,750.00 $ 78,375.00
8 $114,750.00 $141,750.00
10 $184,875.00 $228,375.00
12 $274,125.00 $338,625.00
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98 AUG 10 Pl1 I: 31
ORDINANCE NO. 98- 69
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AN ORDINANCE TO BE KNOWN AS THE COLLlEIfIt6ffltff[R'E~t~~AL
WATER AND/OR SEWER SYSTEMS IMPACf FEE ORDINANCE;
PROVIDING DEFINITIONS, RULES OF CONSTRUCfION; PROVIDING
FINDINGS; PROVIDING FOR IMPOSITION OF REGIONAL WATER AND/OR
SEWER SYSTEMS IMPACf FEES AS FOLLOWS:
WATER AND SEWER SYSTEM IMPACf FEE SCHEDULES
PROVIDING FOR PAYMENT AND USE OF MONEYS; ALLOWING
ALTERNATIVE FEE CALCULATIONS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR COLLECfION OF IMPACT FEES UPON CHANGES IN
SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING EXEMPTION
AND AFFORDABLE HOUSING REIMBURSEMENT; PROVIDING INTEREST
TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER
CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECfION
OF WATER AND/OR SEWER SYSTEMS IMPACf FEES; PROVIDING FOR
REVIEW HEARINGS; REQUIRING PERIODIC REVIEW; PROVIDING FOR
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THE READOPTION OF THE COUNTY'S WATER AND SEWER MASTER
PLANS; REPEALING COLLIER COUNTY ORDINANCES NOS. 88-97 AS
AMENDED, 90-86 AS AMENDED, 90-87 AS AMENDED, AND 91-87, ALL
RELATING TO TIlE REGIONAL WATER AND/OR SEWER SYSTEMS
IMP ACf FEES; SPECIFYING EXCLUSION FROM THE ADMINISTRATIVE
PROCEDURES ACf; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICf AND SEVERABILITY;
AND PROVIDING FOR AN EFFECfIVE DATE.
WHEREAS, the Board of County Commissioners has approved master plans with timetables to
e provide regional water and sewer systems in certain portions of the unincorporated areas of Collier
County, which comprise the Co\1ier County Water-Sewer District; and
WHEREAS, the Board of County Commissioners has authorized the issuance of water and
sewer utility revenue bonds and has applied for federal and state grants to finance construction of water
and sewer systems as provided for in the approved master plans; and
WHEREAS, Co\1ier County Land Development Regulations and policies require that owners of
lands provide certain distribution facilities, and in recognition thereof the Board of County
Commissioners does not include the cost of those distribution facilities in its calculation of water and/or
sewer systems impact fees to provide treatment; and
WHEREAS, it is necessary to more clearly state the long-standing policy of the Board relative
to what facilities are and are not paid for through revenues derived from the water and/or sewer systems
impact fees; and
WHEREAS, the County is authorized to require the subject impact fees. Contractors and
Builders Association v. City of Dunedin.;r29 So.2d 1227 (Fla. 1976); Hollywood, Inc. v.
Broward County, 431 So.2d 606 (Fla. 4 DCA 1983); and Home Builders and Contractors
Association v. Palm Beach County, 446 So.2d 140 (Fla. 4th DCA 1983).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECfION 1. ADOPTION OF ORDINANCE.
This ordinance, the Co\1ier County Regional Water and/or Sewer Systems Impact Fee Ordinance, is
hereby adopted to read as follows:
ARTICLE I
DEFINITIONS. EXCLUDED AREAS. RULES OF CONSTRUCTION. FINDINGS.
READOPTION AND RATIFICATION OF MASTER PLANS.
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Section 1.01. Definitions.
When used in this Ordinance, the following terms shall have the following meanings. unless the
context clearly indicates otherwise:
"Affordable Housing" 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 this Ordinance under Affordable Housing.
"Affordable Housing, DeCeml" shall mean the act of delaying, postponing or putting off to a future
time.
"Affordable Housing, Waiver" shall mean the voluntary right to intentionally relinquish or abolish.
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"Alternative Water and/or Sewer Systems Impact Fees" shall mean any alternative fee calculated by
an applicant and approved by the Board pursuant to Section 2.04 of this Ordinance.
"Alternative Water and/or Sewer Systems Impact Fee Studies" shall mean a study prepared by an
applicant or owner and submitted to the County Administrator pursuant to Section 2.04 of this
Ordinance.
"Applicable Improvement" shall mean any land use that may create a growth necessitated demand
upon the County Regional Water and/or County Regional Sewer Systems.
"Applicant" shall mean the person who applies for a building permit.
"Board" shall mean the Board of County Commissioners of Collier County, Florida. Where the context
allows, the term "Board" shall also be deemed to include the ex-officio Governing Board of the Collier
County Water-Sewer District.
"Building" 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 potential, demand on the water utility system operated by the Collier County
Water-Sewer District or Collier County, or both. This term shall include all dwellings, trailers, mobile
homes, or any vehicles functioning as a building.
"Building Permit" shall mean an official document or certificate issued by the authority having
jurisdiction, authorizing the construction or siting of any building. For purposes of this Ordinance, the
term "Building Permit" shall also include tie-down permits for those structures or buildings, such as a
mobile home, that does not otherwise require a building permit in order to be occupied.
"Collier County Water-Sewer District Water Meter Size" shall mean t1?e water meter size
determined under the provisions of Ordinance No. 97-17, as amended.
"Comprehensive Plan" shan mean the Comprehensive Plan of the County adopted and amended
pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act.
"County" shall mean Collier County, a political subdivision of the State of Florida. Where the context
allows or requires, the term "County" shall also be deemed to include the Collier County Water-Sewer
District.
"County Attorney" shall mean the person appointed by the Board to serve as its counsel, or the
designee of such person.
"County Administrator" shall mean the chief administrative officer of the County, appointed by the
Board, or designee of such person.
"District" shall mean the Collier County Water-Sewer District, a political subdivision of the State of
Florida. whose governing board is ex-officio the Board of County Commissioners of Collier County,
Florida.
"Dwelling" shall mean any building, or part thereof, intended or designed for residential occupancy
e and which consists of one or more rooms which are arranged or used as living quarters.
"Dwelling, Adult Congregate Living Facilities" shall mean any building(s), section of a building,
distinct part of a building, residence, private home, boarding home, or other place, whether operated for
profit or not, which undertakes through its ownership or management to provide for a period exceeding
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24 hours, housing, food service, and one or more personal services for four or more adults, not related to
the owner or administrator by blood or marriage, who require such services and to provide limited
nursing services, when specifically licensed to do so pursuant to F.S. 400.407. The facility shall be
licensed and approved as such by Florida department of health and rehabilitative services. A facility
offering personal services or limited nursing services for fewer than four adults is within the meaning of
this defmition if it formally or informally advertises to or solicits the public for residents or referrals and
holds itself out to the public to be an establishment which regularly provides such services. The terms
e "AsslJted or Extended Care" and Nuning Home" shall be synonymous with the term "Adult
Congregate Living FacUities" as used in this ordinance relating to the subject matter addressed by this
Ordinance.
"Dwelling, Duplex" shall mean a single, freestanding, conventional building on a single lot, which
contains only two dwelling units and is intended, designed, used and occupied as two dwelling units
under single ownership, or where each dwelling unit is separately owned or leased but the lot is held
under common ownership.
"Dwelling, Garden Apartment" shall mean a dwelling unit which is accessed from an interior
common space in a building consisting of more than one dwelling unit which may contain dwelling units
in a vertical arrangement.
"Dwelling, Mobile Home" shall mean a detached dwelling unit complying with all of the following
characteristics: (a) designed for long-term occupancy and containing sleeping accommodations, a flush
toilet, a tub or showerbath, and kitchen facilities, with plumbing and electrical connections provided for
attachment to outside systems; (b) designed for transportation (after fabriCll-tion) on streets or highways
on its own wheels; and (c) arriving complete at the site where it is to be occupied as a dwelling, and
ready for occupancy except for minor and incidental unpacking and assembly operations, location on
jacks or other temporary or permanent foundations, connection to utilities and the like. A mobile home
structure shall be transportable in one or more sections.
"Dwelling, Modular Home" is a dwelling unit, constructed as a total entity or in parts of a total entity,
which is constructed other than on the building site and which is then moved to and erected on the
building site. A mobile home is not considered a modular home unless its maker's name appears on the
approved listing of such construction in the State of Florida. For the purpose of the computation of
water and/or sewer impact fees a modular home shall be considered as a single family dwelling.
"Dwelling, Multiple-Family" shall mean a group of three or more dwelling units within a single
conventional building, attached side by side, or one above the other, or both, and wherein each dwelling
unit may be individually owned or leased initially on land which is under common or single ownership.
For purposes of determining whether a lot is in multiple-family dwelling use, the following
considerations shall apply:
e a. Multiple-family dwelling uses may involve dwelling units intended to be rented and
maintained under central ownership and management, or cooperative apartments,
condominiums, and the like and may include the fee ownership of land beneath each
dwelling unit following development from a common base of ownership.
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b. Any multiple-family dwelling in which dwelling units are available for rental for periods of
less than one week shall be considered a tourist home, a motel, motor hotel, or hotel, as the
case may be, and shall only be permitted in districts where specifically designated.
c. For the purpose of the computation of water and/or sewer impact fees the following shall be
considered multiple-family dwelling units: guesthouses, servants' quarters, in-law
apartments, garden apartments, townhouses, adult congregate living facilities, assisted or
extended care living facilities and nursing homes.
__ "Dwelling, Single Family" shall mean a building which contains only one dwelling unit and is
intended, designed, used and occupied by no more than one family.
"Dwelling, Townhouse" shall mean a group of three or more dwelling units attached to each other by
a common wall or roof wherein each unit has direct exterior access and no unit is located above another,
and each unit is completely separated from any other(s) by a rated firewall or a fire and sound resistant
enclosed separation or space, and wherein each dwelling unit mayor may not be on a separate lot under
separate ownership.
"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. Also, room or rooms connected together, constituting a
separate, independent housekeeping establishment for no more than one family and physically separated
from any other rooms or dwelling units which may be in the same structure. A dwelling unit must
contain sleeping and sanitary facilities and a primary kitchen.
"Encumbered" shall mean moneys committed by contract or purchase or4er 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.
"Equivalent Residential Connection" or "ERC" generally represents the equivalent usage
requirements of a single family residential customer. For the purpose of this Ordinance, an ERC will
have an assigned value of 1.0. One (1) ERC is deemed to be equal to a flow of three hundred fifty (350)
gallons per day (GPD) for water; and one (I) ERC is deemed to be equal to a flow of two hundred eighty
(280) gallons per day (GPD) for sewer. The assumed ERC gallonage has been based on statistical data
establishing an average residential use, and it is recognized that the uses for some types of residential
units may be greater or smaller than the average assumed for this calculation.
"Florida Local Govtmment Development Agreement Act" means 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.
The term impact fee shall be synonymous with the term "System Development Charge" as used in this
or prior ordinances relating to the subject matter addressed by this Ordinance.
e "Living Area" means actual square footage which could be air conditioned or heated space contained
under roof or those areas under roof that are normally insulated against the exterior elements.
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"Local Government Comprehensive Planning and Land Development Regulation Act" means the \ .
provisions of Part lIt Chapter 163, Florida Statutes, as amended or supplemented, or its successor in
function.
"Non-Residential" shall mean commercial, motellhotel or any other development upon land that does
not qualify as Residential.
"Owner" shall mean the person or persons holding legal title to the real property that is subject to
impact fees.
e "Penon" shall mean an individual, a corporation, a partnership, an incorporated association, trust. or
any other entity.
"Public Worb Administrator" shall mean the person appointed by the Board or the County
Administrator, or the designee of such person, to supervise the administration, operation and acquisition
of the Regional Water and/or Regional Sewer Systems.
"Recreational Vehlc:le (RV)" shall mean a vehicular, portable structure built on a chassis, designed to
be used as a temporary dwelling for travel, recreational or vacation use which is identified by the
manufacturer as a travel trailer and does not exceed 480 square feet in gross floor area.
"Regional Water System" shall mean the potable water utility system directly connected to treatment
facilities operated by the Collier County Water-Sewer District or Collier County, or both.
"Regional Sewer System" shall mean the wastewater or sanitary sewer utility systems directly
connected to treatment facilities operated by the Co\1ier County Water-Sewer District or Collier County
or both.
"Residential" shall mean multi-family dwelling units, condominiwnlto~ouseslgarden apartments,
mobile homes, travel trailer recreational vehicle, single family detached houses or any other
development upon land that qualif1es as a dwelling.
"System Development Charges" See definition for impact fee.
"Time Periods," Calculation of: AU time periods contained within this Ordinance shall be calculated
on a calendar basis, including Sundays and legal holidays, but excluding the date of the earliest receipt
of said Notice oflmpact Fees Statement or the date of the Boards 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.
"Travel Trailer (TT)" shall mean a vehicular, portable structure built on a chassis, designed to be used
as a temporary dwelling for travel, recreational or vacatioIl; use which is identified by the manufacturer
as a travel trailer and does not exceed 480 square feet in gross floor area.p"Water and/or Sewer Systems Impact Development" shall mean development upon lands within the
ColJier County Water-Sewer District, exclusive of the lands encompassed by the areas described in
Section 1.02 of this Ordinance, which shall be subjected to the payment of impact fees under this
e Ordinance or its predecessor in function, upon the first occurrence of any of the following:
ea> Whenever any building, structure or applicable improvement which has not previously paid
impact fees under this Ordinance, or its predecessor in function, connects to the Regional Water
andlorRe~onaISewerSystems;or
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(b) Whenever any building, structure or applicable improvement which is COMected to an
interim water and/or sewer systems is coMected, either directly or indirectly, to the Regional
Water and/or Regional Sewer Systems; or
(t) Whenever any person applies for a building permit to construct a building, structure or
applicable improvement within the boundaries of the Collier County Water-Sewer District, even
though the subject lands is receiving or may receive interim water and/or sewer services from a
source other than the Collier County Water-Sewer District; or
(d) Whenever a person applies for a building permit to alter an existing building, structure or
applicable improvement then coMected to the Regional Water and/or Regional Sewer Systems,
if such alteration increases the demand on the potential demand on the Regional Water and/or
Sewt-o Systems.
Sedion 1.02. Areu GenenUy Exc:luded from Impolitlon of Water and/or Sewer
Impact Fees.
Lands within Collier County generally excluded from the definition of Water and/or Sewer Systems
Impact Development as defined herein:
A. Those areas lying within the boundaries of the Marco Water and Sewer District. Exclusion
of the Marco Water and Sewer District recognizes that this area is not presently planned to be served by
treatment capabilities of the Regional Water and/or Regional Sewer Systems.
B. Those areas lying within the boundaries of the Goodland Water District. Exclusion of the
Goodland Water District recognizes that this area is not presently planned to be served by the treatment
capabilities of the Regional Water and/or Regional Sewer Systems.
C. Golden Gate Estates, Unit No.1, Plat Book 4, Page 73, Public Records of Collier County,
Florida.
D. Golden Gate Estates, Unit No.2, Plat Book 4, Page 75, Public Records of Collier County,
Florida.
E. Golden Gate Estates, Unit No.3, Plat Book 4, Page 77, Public Records of Collier County,
Florida.
F. Golden Gate Estates, Unit No.4, Plat Book 4 Page 79, Public Records of Collier County,
Florida.
G. Golden Gate Estates, Unit No. 26, Plat Book 7, Page IS, Public Records of Collier
County, Florida.
1I. Golden Gate Estates, Unit No. 27, Plat Book 7, Page 17, Public Records of Collier
County, Florida.
I. Golden Gate Estates, Unit No. 28, Plat Book 7, Page 19, Public Records of Collier
County, Florida.
J. Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier
County, Florida.
K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier
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County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area.
L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier
County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area.
M. Golden Gate Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier
County, Florida.
N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier
County, Florida.
O. Golden Gate Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier
e County, Florida.
P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier
County, Florida.
Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier
County, Florida.
R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier
County, Florida.
S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier
County, Florida.
Exclusion of the above-referenced areas in Golden Gate Estates recognizes that the nature of the
previous development, the platting of these areas primarily into large residential tracts and the present
zoning and constraints of the Comprehensive plan have severely limited the density and use of these
areas in such a way as to make it economically impractical to serve most of these areas in the foreseeable
future via the Regional Water and/or Regional Sewer Systems or any other centralized water and/or
sewer utility.
T. Those areas lying within the Marco Shores, Unit 1, Sections 26 and 27, Township 52 South,
Range 26 East, and recorded in Plat Book 14, Page 34 of the Public Records of Collier County, Florida.
Exclusion of the Marco Shores, Unit 1, recognizes that this area is not presently planned to be served by
treatment capabilities of the Regional Water and/or Regional Sewer Systems.
U. Ridge Farms Subdivision (not platted) described as follows: Begin at Southeast comer of
Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence north 88 degrees 50
minutes 15 seconds east along the south line of said Section 6; thence north 0 degrees 13 minutes 20
seconds west along the east line of Section 6 a distance 00044.40 feet to the east quarter comer; thence
continuing north along said line a distance of 428.84 feet; thence leaving said east line_north 88 degrees
40 minutes 58 seconds west, a distance of 1285.80 feet; thence south 1 degree 10 minutes 35 seconds
east, a distance of 523.35 feet; thence south 0 degrees 00 minutes 00 seconds east, a distance of 137.19
feet; thence north 88 degrees 41 minutes 53 seconds west, a distance 00959.46 feet to the east line of
aforesaid Section 6; thence south 0 degrees 00 minutes 00 seconds east along said east line a distance of
e 3038.71 feet to the point of beginning. Said described tract contains 371.460 acres, more or less. More
generally described as those properties adjacent to or abutting Hunters Road, Livingston Road, and
Daniels Road.
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V. Areas North of Radio Road -located within Section 31, Township 49 South, Rangc 26 East.
Collier County, Florida. generally described as those properties adjacent to or abutting San Marco Blvd.,
St. Clair Shores Road, Owen Lane, and Family Circle Lane.
W. All of Section 8, Township 50 South. Range 26 East (excluding Falling Waters); Parts of
Section 9, Township 50 South, Range 26 East; Parts of Section 16, Township SO South, Range 26 East;
Part of Section 17, Township 50 South, Range 26 East; and Part of Section 7, Township SO South.
Range 26 East ail of Collier County, Florida; more specifically described as.those properties adjacent to
or abutting Heritage Trail, Unity Way, Cope Lane, Crews Road, County Barn Road, Sheddon Lanc,
Whittaker Road, Sunset Blvd., Sandy Lane, Adkins Avenue, Everett Street. Polly Ave., Wendy Lane,
Landsdale Lane and Cynthia Way.
X. Those areas lying within the Key Marco Community Development District. Exclusion of
the Key Marco Community Development District recognizes that this area is outside the Collier County
Water.Sewer District.
Y. All those areas lying within the Collier County Water and Wastewater Authority.certificated
areas of Florida Cities Water Company, and Florida Water Services Corporation (fonnerly known as
Southern States Utilities, Inc.), or their successors or assigns, located within Collier County, Florida.
(The only exceptions to this provision to provide service within these certificated areas may exist when
the parties enter into a written agreement for water service to be provided by the County.)
Z. All those areas located within the City of Naples service areas as described in the October,
1917 City/County Agreement and amendments thereto.
AA. Area of CR95 1 and US4I: one mile sections that run west, of the Collier County Water-
Sewer District Boundary described as follows: All of Section 36, Township 49 South, Range 26 East;
All of Sections 1, 11, 14, 23, 26 and 35, Township SO South, Range 26 East: All of Section 2, Township
51 South, Range 26 East; Parts of Sections I, 11, and 12, Township 51 South, Range 26 East; Parts of
Sections 7, 8, 16, 17, 18,20,21,22, and 27, Township 51 South, Range 27 East. all of Collier County,
Florida.
However, the abovc cxclusions are not absolute and lands lying within the excluded areas which
are either required to connect to or request connection to thc Rcgional Water System, or otherwise create
a growth necessitated demand upon the Regional Water System, shall be subject to the imposition of
impact fees under Section 2.01 of the Collier County Regional Water System Impact Fce Ordinance in
the same manner as if said lands are logically characterized as Water System Impact Development.
Section 1.021. Additional Areas Generally Excluded from Imposition of Sewer Impact Fees
Only.
Lands within Collier County generally excluded from the definition of Sewer System Impact Fees are
described as:
A. Those areas lying within the Pine Ridge Subdivision as shown in Plat Book 3, Page 24,
Public Records of Collier County, Florida.
B. Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida.
C. Pine Ridge Subdivision, Plat Book 4, Page 29, Public Records of Collier County, Florida.
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D. Pine Ridge Second Extension, plat Book 10, Page 86, Public Records of Collier County,
Florida.
E. Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier
County, Florida.
Exclusion of the above-referenced areas in Pine Ridge Subdivision, Pine Ridge Extension, and Pine
Ridge Second Extension recognizes that the nature of the previous development, the platting of these
area! primarily into large residential tracts and the present zoning and constraints of the Comprehensive
Plan have severely limited the density and use of these areas in such a way as to maIc:e it economically
impractical to serve most of these areas in the foreseeable future via the Regional Water and/or Regional
Sewer Systems or any other centralized water or centralized sewer utility.
F. Coconut Creek, Unit 1, according to Plat Book 1, Page 108, Public Records of Collier
County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public Record of Collier County, Florida;
Coconut Creek, Unit 3, Plat Book 3, Page 48, Public Records of Collier County, Florida; Westview
Plaza, Plat Book 13, Page SO, Public Records of Collier County, Florida; more specifically described as
those properties adjacent to or abutting Lorraine Road, Kathy Street, Gail Blvd., Esther Street, Donna
Road, Westview Drive, and on North Road.
G. Four Seasons, according to Plat Book 10, Page 9S, Public Records of Collier County,
Florida; and Four Seasons Unit 2, according to Plat Book 12, Page 6, Public Records of Collier County,
Florida.
H. Quail Woods (previously known as Edgewild), according to Plat Book 13, Page 44, Public
Records of Collier County, Florida; more specifically described as all siq.gle family lots adjacent to or
abutting "The Lane".
I. Tall Pines, according to Plat Book 12, Page 70, Public Record of Collier County, Florida.
J. Isle of Capri No. I, according to Plat Book 3, Page 41, Publi~ Records of Collier County,
Florida; Isle of Capri No.2, according to Plat Book 3, Page 46, Public Records of Collier County,
Florida; Isle of Capri No.3, according to Plat Book 3, Page 66, Public Records of Collier County,
Florida; and Isle of Capri Business Section, according to Plat Book 3, Page S2, Public Records of Collier
County, Florida.
However, the above exclusions are not absolute; Lands lying within the excluded areas which
are eith'_l' required to connect or request connection to the Regional Sewer System, or which otherwise
create a growth necessitated demand upon the Regional Sewer System shall be subject to the imposition
of impact fees under Section 2.0 I of the Collier County Regional Sewer System Impact Fee Ordinance
in the same manner as if said lands are logically characterized as Sewer System Impact Development.
Section 1.03. Rules of Construction.
For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in
this Ordinance, the following rules of construction shall apply:
A. In case of any difference of meaning or implication between the text of this Ordinance and
any caption, illustration, appendix, summary table, or illustrative table, the text shall control.
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B. The word "shall" is always mandatory and not discretionary. Thc word "may" is always
pennissive.
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 I:Ontcxt clearly precludes such
construction; use of the masculine gender shall includc 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 "cither...or",
thc conjunction shaH be interpreted as follows:
1. "And" indicates that all the connected terms, conditions, provisions or cvcnts shall
apply.
2. "Or" indicates that the connected terms, conditions, provisions or events may
apply singly or in any combination.
3. "Either...or" indicates that thc connected items, conditions, provisions or
cvents shall apply singly but not in combination.
F. Thc word "includes" shall not limit a term to the specific cxample, but is intended to cxtend
its meaning to all other instances or circumstances of like kind or character.
G. The terms "growth", "growth necessitated improvements", ""future growth" and thc like shall
refer and shall be construed as referring to Water and/or Sewer Systems Impact Devclopment
either occurring or connecting, directly or indirectly, to the Regio~ Water and/or Regional
Sewer Systems subsequent to the effective date of this Ordinance.
Section 1.04. Findings.
It is hereby ascertained, determined and declared that:
A. The Florida Legislature has adopted growth management legislation which requires local
governments to plan for and provide for capital infrastructure facilities such as water and sewer
systems.
B. The Board has alternative, cumulative and supplemental authority to plan for and provide
water and sewer systems under the Laws of the State of Florida, including, but not limited to,
Chapters 125, IS3 Part II, 163, and 380, Florida Statutes; Chapters 67-1246, 78-489 and 88-499,
Laws of Florida; and Article VIII of the Constitution of the State of Florida.
C. Collier County Land Development Regulations and policies require persons to install, use,
operate or employ interim water and/or interim sewer treatment facilities when such persons
choose to develop lands in advance ofthc expansion of the Regional Water and/or Regional
Sewer Systems within the District.
D. CoIlier County Land Development Regulations and policies require that owners of lands
connected to interim water and/or interim sewer facilities disconnect from such facilities and
connect to the Regional Water and/or Regional Sewer Systems whenever the Regional Water
and/or Sewer Systems becomes available to such land.
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E. future demand represented by Water and/or Sewer Systems Impact Development should
contribute its fair share to the cost of improvements and additions to the Regional Water and/or
Regional Sewer Systems.
F. Implementation oflmpact Fees to require Water and/or Sewer Systems Impact Development
to contribute its fair share of the cost of improvements and additions to the Regional Water
and/or Regional Sewer Systems is an integral and vital element of the regulatory plan of growth
management incorporated in the Collier County Comprehensive Plan.
G. Capital planning is an evolving process and the level of service identified in the Collier
County Comprehensive Plan for the Regional Water and/or Regional Sewer Systems constitutes
a projection of anticipated need for water and/or waste water and/or sewer treatment and
transmission facilities, based upon present knowledge and judgment. Therefore, in recognition
of changing growth patterns and the dynamic nature of population growth, it is the intent of the
Board that the level of service for the Regional Water and/or Regional Sewer Systems and the
Impact Fees imposed be reviewed and adjusted periodically, pursuant to Section 3.08 of this
Ordinance, to insure that the Water and/or Sewer Systems Impact Fees are imposed equitably
and lawfully, based upon actual and anticipated growth at the time of their imposition.
H. The imposition of the Water and/or Sewer Systems Impact Fees is to provide a source of
revenue to fund the construction and improvement of the Regional Water and/or Regional Sewer
Systems either necessitated by growth or as delineated in the Capital Improvement Element of
the Comprehensive Plan or in the current adopted water and/or wastewater master plan
documents.
I. The Regional Water and/or Regional Sewer Systems is intended to ultimately provide
services for all citizens of the Collier County Water-Sewer District and that the presence of the
Regional Water and/or Regional Sewer Systems enhances and benefits the health, safety and
general welfare of all citizens of Collier County. The Board specifically finds that the
development of a Regional Water and/or Regional Sewer Systems enhances and benefits the
health, safety and general welfare of the residents and landowners within the Collier County
Water-Sewer District.
J. This Ordinance shall not, and shall not be construed to, permit the collection of Water
and/or Sewer Systems Impact Fees from Water and/or Sewer Systems Impact Development in
excess of the amount reasonably anticipated to offset the demand on the Regional Water and/or
Regional Sewer Systems generated by Water and/or Sewer Systems Impact Development either
occurring or connecting to the Regional Water and/or Regional Sewer Systems.
K. All improvements and additions to the Regional Water and/or Regional Sewer Systems needed to eliminate any deficiency between the existing Regional Water and/or Regional Sewer
Systems and the standard of service as adopted in the Comprehensive Plan, shall be funded by
revenues other than impact fees. All revenue derived from the Water and/or Sewer Systems
Impact Fees shall be utilized only for the acquisition of improvements and additions to the
Regional Water and/or Regional Sewer Systems which are necessitated by Water and/or Sewer
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Systems Impact Development either occurring or connecting to the Regional Water and/or
Regional Sewer Systems.
L. The improvements and additions to the Regional Water and/or Regional Sewer Systems,
required to accommodate future connections or demand by Water and/or Sewer Systems Impact
Development shall be funded entirely by the revenue derived from the Water and/or Sewer
Systems Impact Fees. Therefore, no credit shall be given for any tax revenue sources including
those which may have been utilized in prior years for the funding of Regional Water and/or
Regional Sewer Systems improvements or additions. In the event that this policy is altered by
subsequent action of the Board, or if grant money is received and committed for growth
necessitated improvements and additions to the Regional Water and/or Regional Sewer Systems,
the Water and/or Sewer Systems Impact Fees may be adjusted at any review required pursuant to
Section 3.08 of this Ordinance, and credit may be given for any tax revenue which has been
utilized for growth required improvements and additions to the Regional Water and/or Regional
Sewer Systems.
M. It is has been and continues to be the long-standing policy of the Board that certain
distribution and/or collection facilities not be funded by revenues derived from Water and/or
Sewer Systems Impact Fees. Such distribution and/or collection facilities, for the purpose of this
finding, include, by way of example and not limitation, required, needed or appurtenant gravity
lines, pump stations, force mains and interconnecting transmission facilities typically installed
and dedicated at the time subdivision or like or substantially similar improvements are installed,
or such distribution and/or collection facilities installed as a result 9f the creation of a Municipal
Services Tax or Benefit Unit, or like or similar specially funded project, in a defined area
determined to need the installation, retrofit, and/or connection to a central water and/or sewer
systems meeting County standards. Accordingly, the calculation of the Impact Fees imposed by
this Ordinance does not include or account for the costs or expenses of such distribution and/or
collection facilities.
N. The provisions in this Ordinance relative to "Developer Contribution Credit" represent
innovative land development regulation which the Local Government Comprehensive Planning
and Land Development Regulation Act encourages local government to employ via its land
development regulations.
Section 1.05. Readoption and Ratification oCMaster Plans.
The Board hereby readopts and incorporates, by reference, the following master plans:
1. Collier County Growth Management Plan, as amended. (February, 1991)
2. The Water Master Plan Update prepared by Camp, Dresser & McKee, Inc. (1996),
as amended.
3. The 201 Facilities Plan Update prepared by Camp, Dresser & McKee, Inc. (1997),
as amended.
4. Water & Sewer Impact Fee Study prepared by Agnoli, Barber & Brundage, Inc.
(1997), as amended.
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The Board hereby incorporates particularly the assumptions, conclusions and findings in
such studies as to the determination of existing capacity available to accommodate srowth and
anticipated costs of the additions to the Regional Water and Regional Sewer Systems required to
accommodate growth contemplated in the Comprehensive Plan. The Board further incorporates by
reference the Comprehensive Plan as amended or supplemented as it relates to improvements and
additions to the Regional Water and/or regional Sewer Systems.
ARTICLE II
WATER AND/OR SEWER SYSTEMS IMP ACT FEES
Section 2.01. Imposition.
A. Pursuant to this Ordinance, all Water and/or Sewer Systems Impact Development occurring
within the Collier County Water-Sewer District shall pay a Water and/or Sewer Systems
Impact fee in accordance with the following schedule:
RESIDENTIAL:
SINGLE FAMILY
(No more than
4 Bathrooms)
SINGLE FAMILY
(More than
4 bathrooms)
MULTI-FAMILY
DUPLEX
MOBILE HOME
TRAVEL TRAILER!
RV (TIRV)
MULTI-FAMILY
DUPLEX
MOBILE HOME
MULTI-FAMILY
DUPLEX
MOBILE HOME
WATER & SEWER SYSTEM IMP ACT FEE SCHEDULES
LIVINO BASIS OF FEE METER ERC WATER SEWER
SPACE ALLOCATION SIZE IMPACT IMPACT
(Sq. Ft.) FEE FEE
o to 4,999 Per Unit %" 1.0 $1,275.00 $I,57S.00
Sq.Ft.
Over S,Ooo Meter Size/ Per nla Based on
Sq.Ft. Per Unit Ordinance Meter Size $1,575.00
o to 750
Sq.Ft.
Per Unit Per
Per Unit Ordinance
Per Unit or Space
Per Unit or Space
$ S20.oo
$ 420.00
.33
751 to 1,500
Sq.Ft.
Per Unit Per
Per Unit Ordinance
Per Unit or Space
$1,055.00
.67
$ 855.00
I,SOlorMore Per Unit Per
Sq. Ft. Per Unit Ordinance
Per Unit or Space
1.0
$1,275.00 SI,S75.00
NON-RESIDENTIAL: WATER METER SIZE
WATER
IMPACT
FEE
SEWER
IMPACT
FEE
%
1
1-1/2
2
3
4
6
8
10
12
S 1,275.00
$ 3,188.00
$ 6,375.00
S 10,200.00
$ 20,400.00
$ 31,875.00
$ 63,750.00
$114,750.00
$184,875.00
$274,125.00
$ 1,575.00
$ 3,938.00
$ 7,875.00
S 12,600.00
$ 2S,200.00
$ 39,37S.00
$ 78,375.00
$141,750.00
$228,375.00
$338,625.00
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B. The Water and/or Sewer Systems Impact Fees shall be paid in addition to all other fees,
charges and assessments due at the time of issuance of any building permit.
Section 2.02. Payment.
A. Except as otherwise expressly provided in this Ordinance, prior to the issuance of a building
permit where applicable, all applicants or owners, as the case may be, shall pay the Water and/or
Sewer Systems Impact Fees as set forth in Section 2.01.
1. Single family residential water impact fees shall be paid on the larger amount based
on a per dwelling unit basis or meter size basis as determined under Ordinance No.
97-17, as amended. Single family residential sewer impact fee shall not exceed one
(I) ERC.
2. Multiple-Family, Duplex, Mobile Home or Travel Trailer Recreational Vehicle
impact fees shall be paid on the larger amount based on the per unit/space basis or on
the meter size basis as determined under Ordinance No. 97-17, as amended. In the
event the meter size calculation results in a larger initial payment, the owner shall be
entitled to impact fee credits on additional units as the permits for the units are issued.
3. Non-Residential impact fees shall be paid on the meter size basis as determined under
Ordinance 97-17, as amended.
B. Subject to an availability of funds, the County may enter into agreements to extend payment
of Water and/or Sewer Systems Impact Fees and associated costs over a period not to exceed
seven (7) years with Owners of then existing Buildings, structures or applicable improvements
which are mandated to connect to the Regional Water and/or Regiopal Sewer Systems. Prior to
the County entering into any agreements to extend payment, and from time-to-time thereafter,
the Board shall identify a specific source of funds to be used relative to providing extended
payment and the cost of such funds, including all expenses and costs incidental to obtaining or
providing same, the interest rate that the Board or the Public Works Administrator or the
Department of Revenue Director will employ in offering extended payment with interest, and a
reasonable estimation or description of the administrative costs or expenses associated with
administering the extended payment altemative to the respective land(s).
1. The County shall only enter into agreements to extend payment of the Water and/or
Sewer Systems Impact Fees and associated costs with Owners of then existing buildings,
structures or applicable improvements, mandated to connect to the Regional Water and/or
Regional Sewer Systems.
2. The amount of payment, including any title verification expenses and a reasonable
estimation of the cost and expense associated with providing an extended payment
alternative, shall be paid in equal monthly payments with an annual interest rate as
determined and promulgated from time-to-time by the Board. State document stamp and
recording fees will be upfront costs borne by the owner and shall be paid in full at the
time the extended payment agreement is executed. The interest rate charged shall be
representative of the County's cost of funds, including all expenses or costs incidental to
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obtaining or providing same, if any. The interest charged shall be adjusted during
January of any calcndar ycar in accordance with the then applicable Ordinance (currently
Ordinance No. 96-17 and No. 96-18) and shall be based on the County's cost of funds for
the immcdiately proceeding fiscal year.
3. With the exception of the approval and execution of agreements, or an aggregation of
related agreements, with a face amount in excess of $6,000, the Board hereby delegates to
the Public Works Administrator (or the Department of Revenue Director) the power and
authority to enter into, modify, and release such extended payment agreements in
conformance with the provisions of this Ordinance. The agreement, and any other
associated documentation, shall be in a form approved by the Board and acceptable to the
County Attorney. Each such agreement shall be recorded in the Official Records upon
approval of the Public Works Administrator or the Department of Revenue Director.
4. for an agreement, or an aggregation of related agreements, to extend payment of
impact fees and associated costs with a face amount in excess of $6,000 the County shall
require the procedure and documentation for extending payments to substantially and
reasonably conform to generally accepted and reasonably applicable commercial lending
practices, including but not limited to the requirement for acceptable personal guarantees
from one or all of the Owners or individuals owning a beneficial interest in an entity
Owner. At its sole option the County may contract with outside counselor a servicing
agent to prepare such documentation and to advise the County relative to conformance
with generally accepted commercial lending practices and ~e costs of same shall be
borne by the Owner.
5. Upon satisfactory payment of all principal, interest, and associated costs under an
extended payment agreement, the County shall execute a Satisfaction of Lien and record
same in the Official Records of Collier County. A copy of the recorded Satisfaction of
Lien will be mailed by regular U.S. mail to the record Owner within sixty (60) days from
receipt of full payment.
6. In recognition that the paymcnt of the Water and/or Sewer Systems Impact Fees for
then existing mobile home park or rental housing will generally, in some manner, be
passed through to the occupants by an Owner, and in recognition that if such pro-rata
Impact Fee pass-through is collected as one single payment by the Owner, that such a
pass-through may cause financial hardship on these occupants, the Board, in its sole
discretion, may require the Owner to covenant and agree, for the benefit of all affected
persons, to pass through entirely and on the same terms all the benefits of any extended
payment of the Impact Fees to the affected persons.
C. The obligation for payment of the Water and/or Sewer Systems Impact Fees and the benefits
derived therefrom shall run with the land, pro-rata in the event a division of the land.
D. In the event that a valid building permit, for which a Water and/or Sewer Systems Impact
Fees have been paid, expires prior to the initiation of the construction for which it was issued, the
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applicant may within ninety (90) days of the expiration of the building permit apply for a refund
of the Water and/or Sewer Systems Impact Fees.
1. The application for refund shall be filed with the County Administrator on a form
approved by the County Administrator, and shall contain the following:
(a) A sworn statement representing that the information contained on the
application for refund is true and correct;
(b) The name and address of the applicant;
e (c) The exact location of the property which was the subject of the building
permit;
(d) The date the Water and/or Sewer Systems Impact fees was paid;
(e) A copy of the receipt of payment for the Water and/or Sewer Systems Impact
Fees or such other record as would indicate payment of such fees; and
(f) The date the building permit was issued the building permit number,
and the date of expiration.
2. After verifying that the building permit has expired and that the construction has not
been commenced under the subject building permit, the County Administrator shall cause
a refund of the subject Water and/or Sewer Systems Impact Fees.
3. A building permit which is subsequently issued on the same property which was
previously the subject of a refund shall pay the then applicable Water and/or Sewer
Systems Impact Fees as required by Section 2.01.
Section 2.03. Use of Moneys.
A. The Board hereby confmns the establislunent of separate trust accounts for the Water and/or
Sewer Systems Impact Fees, which shall continue to be maintained separate and apart from all
other accounts of the County. All such Water and/or Sewer Systems Impact Fees shall be
deposited into such trust accounts immediately upon receipt.
B. The moneys deposited into the Water and/or Sewer Systems Impact Fee trust accounts shall
be used solely for the purpose of providing growth necessitated capital improvements and
additions to the Regional Water and/or Regional Sewer Systems, 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 Regional Water and/or Sewer Systems buildings, facilities
or improvements and additions thereto;
5. Design and construction of drainage facilities reasonably required by, or convenient
to, the construction of Regional Water and/or Regional Sewer Systems buildings.
e facilities or improvements and additions thereto;
6. Relocating utilities required by the construction of Regional Water and/or Regional
Sewer Systems buildings, facilities or improvements and additions thereto;
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7. Landscaping, incident to or reasonably necessitated by, the expansion of the Regional
Water and/or Regional Sewer Systems;
8. Construction management, inspection, or both;
9. Surveying, soils and material testing, and the evaluation and development of raw
water resources and supplies;
10. Acquisition of plant or equipment necessary or convenient to expand the Regional
Water and/or Regional Sewer Systems;
11. Repayment of moneys borrowed from any budgetary fund of the County, including
moneys borrowed subsequent to the adoption of this Ordinance or any predecessor(s) in
function, which were used to fund growth impacted improvements and additions to the
Regional Water and/or Regional Sewer Systems as herein provided;
12. Payment of principal and interest, reserves and costs of issuance under any bonds or
other indebtedness issued by the County or District to fund
growth impacted improvements, and additions to the Regional Water and/or Regional
Sewer Systems; and/or
13. Reimbursement of excess "Developer Contribution Credits" pursuant to Section
3.06; and
14. To the extent provided by law, reimbursement or refund of costs incurred by the
County in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and
any amendments or supplements adopted pursuant to Section 3.08, and any other
administrative costs incurred by the County.
C. Funds on deposit in the Water and/or Sewer Systems Impact Fees Trust Accounts shall not be
used for any expenditure that would be classified as routine maintenance, operation or repair
expenses.
D. The moneys deposited into the Water and/or Sewer Systems Impact fees trust accounts shall
be used solely to provide improvements and additions to the Regional Water and/or Regional
Sewer Systems required by growth, generated by Water and/or Sewer Systems Impact
Development, and including, but not limited to, expected growth addressed in the master plans
listed in Section 1.05 of this Ordinance.
E. Any funds on deposit which are not immediately necessary for expenditure shall be invested
by the County. All income derived from such investments shall be deposited in the Water and/or
Sewer Systems Impact Fees Trust Accounts and be 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 Regional Water and/or Regional Sewer Systems may, at the discretion of the
Board, be used to fund waivers or deferrals ofImpact Fees pursuant to Section 3.04 of this
Ordinance. In addition, to the extent permitted by law, any accrued interest on Impact Fees
which is not needed for improvements and additions to the Regional Water and/or Regional
Sewer Systems may, at the discretion of the Board, be used to fund waivers of Regional Water
and/or Regional Sewer Impact Fees if the Board makes the following findings by resolution:
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1. The entity requesting a waiver is a not-for-profit corporation or business, or charitable
organization:
2. The entity provides services to low income or very low income citizens of Collier
County at reasonable rates;
3. The County does not provide such services;
4. The provision of services provides substantial benefits to the citizens of Collier
County .
S. Sufficient funds in the Impact fee Accounts then exist to fund those waivers;
6. Funding for the waiver will only be used from the fund for which the waiver is
granted; and/or
7. The entity is a child care or similar support facility which is included in the original
site development plans of an affordable housing project and which project has qualified
for an affordable housing waiver or deferral.
The Resolution adopted by the Board in the specific case shall state such findings and authorize
the payment, in whole or in part, of the Regional Water and/or Regional Sewer Impact Fees.
F. Any person who is the current Owner of the property on behalf of which Impact fees were
paid, pursuant to Collier County Ordinance No. 86-66, as amended by Collier County Ordinance
No. 87-45 and/or Collier County Ordinance No. 88-3, or their successors in functions, and was
issued a certificate of occupancy thereunder for a building, structure, or alteration prior to
December 31, 1997, shall be eligible for a refund upon submitting to the County a timely petition
for refund, if the building, structure or alteration either was not autl}orized to connect to the
Regional Water and/or Regional Sewer Systems by December 31, 1997, or if the County does
not have an approved plan for connection of the building, structure or alteration to the Regional
Water and/or Regional Sewer Systems by December 31, 1997. 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 end of the County's fiscal year in which the date
December 31, 1997 falls.
2. The petition for refund shall be submitted to the County Administrator on a form
approved by the County Administrator, 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 charges were paid;
(b) A copy of the dated receipt issued for payment of such charges or such other
record as would prove payment of such charges;
(c) A certified copy of the latest recorded deed or other instruments evidencing
title; a representation that the most recent recorded deed or other instruments
reflect or otherwise describe or refer to the exact names of all current legal
owners; a representation that the petitioner will notify the County of any change
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and the status of legal ownership which occurs prior to receipt of any refund from
the County;
(d) A copy of the then most recent ad valorem tax bill.
3. Within ninety (90) days from the date of receipt of such a petition for refund, the
County Administrator will advise the petitioner and the Board of the status of the Impact
Fees requested for refund, and if such charges have not been expended or encumbered
within the applicable time period, then same shall be returned to the petitioner. For "the
purposes of this Section F, impact 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. Impact fees collected pursuant to Ordinance No. 90-86 and No. 90-87, as amended, or this
Ordinance shall be returned to the then current Owner of the property on behalf of which such
fee was paid, if the building, structure or alteration either was not authorized to connect to the
Regional Water and/or Regional Sewer Systems by the end of the twelve (12) month period
immediately following the seventh anniversary of the date upon which such fees were paid. If
the County has a current approved plan for connection of the building, structure or alteration to
the Regional Water and/or Regional Sewer Systems, no impact fees shall be refunded. Current
Owner shall be eligible for a refund if the refund of such fees will not adversely impact the cash
flow or liquidity of thc water and/or sewer systems impact fee trust accounts and upon
submitting to the County a timcly petition for refund. 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 r,efund prior to the end of the
twelve (12) month period immediately following the seventh anniversary of the date of
the payment of the Water and/or Sewer Systems Impact Fees occurs.
2. The petition for refund shall be submitted to the County Administrator on a form
approved by the County Administrator, and shall contain:
(a) A sworn statement that the petitioner is the then current legal Owner of the
property on behalf of which the Impact fees were paid;
(b) A copy of the dated receipt issued for payment of such fees or such other
record as proves payment of such fees;
(c:) A certified copy of the latest recorded deed or other instnunents evidencing
title; a representation that the most recent recorded deed or other instruments
evidencing title rcflect or otherwise describe or refer to the exact names of all
current legal owners; a representation that the petitioner will notify the County of
any change and the status of legal ownership which occurs prior to receipt 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, and if such
impact fee refund will not adversely impact the cash flow or liquidity of the water and
sewer system impact fee trust account, then it shall be returned to the petitioner. for the
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purposes of this Section G, impact fees collected shall be deemed to be spent or
encumbered on the basis of the first fee in shall be the first fee out.
H. The fact that an Owner receives a refund does not excuse the property from later being
subjected to payment of the then applicable impact fees under this Ordinance upon otherwise
being characterized as Water and/or Sewer Systems Impact Development.
I. Any owner entitled to a refund who fails to 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
e entitled to retain and apply such impact fees for growth necessitated capital improvements and/or
additions to the Regional Water and/or Regional Sewer Systems.
Section 2.04. Alternative Fee Calculation.
A. In the event an applicant or owner believes that the impact to the Regional Water and/or
Regional Sewer Systems necessitated by the Water and/or Sewer Systems Impact Development is less
than the impact established in Section 2.0 I, such Applicant or Owner may submit a calculation of an
Alternative Water and/or Sewer Systems Impact Fees to the Office of the County Administrator pursuant
to the provisions of this Section.
B. In the case of new construction, any right to submit an Alternative Water and/or Sewer
Systems Impact Fees shall be deemed to have been waived, expired, and such calculations shall be
rejected by the County if not properly and timely made prior to the issuance of a Building Permit for the
respective construction.
C. In the case of then existing buildings, structures or applicable improvements which are
required to connect to the Regional Water and/or Regional Sewer Systems, any right to submit an
Alternative Water and/or Sewer Systems Impact Fees shall be deemed to have been waived, expired, and
such calculations shall be rejected by the County if within thirty (30) calendar days from the effective
date of service of a "Notice of Impact fees Statement" under Section 3.05 hereof, the Owner does not
notify the Office of the County Administrator in writing of his intention to submit an Alternative Water
and/or Sewer Systems Impact Fees calculations. Any Owner who, under such circumstances, properly
notifies the Office of the County Administrator of his intention to submit an Alternative Water and/or
Sewer Systems Impact Fees calculations shall submit the Alternative Water and/or Sewer Systems
Impact Fees calculation and Alternative Water and/or Sewer Systems Impact Fees within one hundred
twenty (120) days of service of a "Notice ofImpact Fees Statement" under Section 3.05 hereof, or any
right to submit an Alternative Water and/or Sewer Systems Impact Fees shall be deemed to have been
waived, expired and such calculations shall be rejected by the County.
D. Upon timely submission of an Alternative Water and/or Sewer Systems Impact Fees
calculations, the basis therefore and receipt of the Alternative Water and/or Sewer Systems Impact Fees,
the County Administrator shall schedule a hearing before the Board at a regularly scheduled meeting or
e at a special meeting called for the purpose of reviewing the Alternative Water and/or Sewer Systems
Impact Fees and shall provide the petitioner written notice of the time and place of the hearing. Such
hearing should be held within ninety (90) days of the date the Alternative Water and/or Sewer Systems
Impact Fees were submitted.
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E. The Alternative Water and/or Sewer Systcms Impact Fees calculations shall be based on data,
information or assumptions contained in this Ordinance, the master plans referenced in Section J .OS of
this Ordinance, as then amended, or an Alternative Water and/or Sewer Systems Impact Fees Study
based upon an independent source provided the independent source is a local study supported by a data
base 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. The independent source must provide competent substantial
tit evidence that the Alternative Water and/or Sewer Systems Impact Fees represents an equitable pro rata
share of the cost of capital improvemcnts and additions to the Regional Water and/or Sewer Systcms
necessitated by the subject Water and/or Sewer Systems Impact Development.
F. If during a prior Altcrnative Fee Calculations process an acceptable Alternative Water and/or
Sewer Systems Impact Fees 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 then current and
applicable, the Regional Water and/or Regional Sewer Systems impact of such previously approved
Watcr and/or Sewcr Systems Impact Development shall be presumed to be as described in the prior
study. In such circumstances, an Alternative Water and/or Sewer Systems Impact Fees shall be
established reflecting the impact described in the prior study. There shall be a refutable presumption
that such an impact study based upon an independent source conducted and accepted by the Board more
than two years earlier is invalid.
G. If the Board determines that the data, information and assumptions utilized by the Applicant
to calculate the Alternative Water and/or Scwer Systcms Impact Fees com~lics with the requirements of
this Scction and that the Alternative Water and/or Sewer Systems Impact fees were calculated by the
use of a generally accepted methodology, then the Alternative Water and/or Sewer Systems Impact Fees
shall be paid in lieu of the impact fee set forth in Section 2.01.
H. If the Board determines that the data, information and assumptions utilized by the Applicant
to calculate the Alternative Water and/or Sewer Systems Impact Fees does not comply with the
requirements of this Section, or is othcrwise not equitable, or that the Alternative Water and/or Sewer
Systems Impact Fees were not calculated by the use of a generally accepted methodology, then the
County shall mail to the Applicant by certificd mail, return receipt requested, written notification of the
rejection of the Alternative Water and/or Sewer Systcms Impact Fees stating the reason therefor.
I. At the sole discretion of the Board, the altcrnative impact fees review hearing may be
adjourned or continued for up to thirty (30) days to cause further study or scrutiny of any proposed
Alternative Water and/or Sewer Systems Impact Fees or Alternative Water and/or Sewer Systems
Impact Fees Study by either County staff or outside consultants. The final decision of the Board shall be
in writing and should be issued within thirty (30) calendar days of the review hearing.
e J. Any Applicant or Owner who submits a proposed Alternative Watcr and/or Sewer Systems
Impact Fees pursuant to this Section and desires immediatc issuance of a Building Permit, shall pay
prior to or at the time, the applicable Water and/or Sewer Systems Impact Fees pursuant to Section 2.01.
Said payments shall be deemed to be paid under "Protest" and shall not be construed as a waiver of any
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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 within 90 days of the Board's final decision thereon.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01. ExemptioDs.
A. The following shall be exempted from payment ofImpact Fees:
1. Alterations or expansion of then existing building, structure or improvement where no
e additional demand on the Regional Water and/or Regional Sewer Systems is or will be
created by such alterations or expansions.
2. The construction of accessory buildings, structures or improvements which will not
create an additional demand on either the Regional Water and/or Regional Sewer Systems
or any interim treatment systems.
3. The replacement of then existing building, structure or improvement which has
previously been subjected to an impact fees payable to the County and where no
additional demand is or will be created by that replacement on either the Regional Water
and/or Regional Sewer Systems or any interim treatment systems.
4. Buildings, structures, or improvements, either then existing or which then have been
issued a Building Permit for which construction is proceeding in good faith, previously
served by a utility service provider other than the County, provided that at the time the
County formally resolves to acquire that utility, the Board expressly declares its intention
to operate said utility as a component of the Regional WatCf and/or Regional Sewer
S ysterns.
5. Absent an express written agreement or site specific land development
regulation to the contrary, buildings, structures, or improvements, either then existing or
which have then been issued a Building Permit for which construction is then proceeding
in good faith, previously served by the City of Naples where the County and the City of
Naples have then reconfigured service and/or service areas.
Section 3.02. Changes of Size aDd Vse.
A. Impact fees shall be imposed and calculated for the aJteration, expansion or replacement of
Water and/or Sewer Systems Impact Development which will result in a land use determined by County
Staff to create an additional demand on either the Regional Water and/or Regional Sewer Systems or any
interim treatment systems. Whenever any person applies for a Building Permit to alter, expand or
replace a building, structure or applicable improvement of Water and/or Sewer Systems Impact
Development land, even though the subject lands may receive interim water and/or sewer services from
a source other than the Collier County Water-Sewer District, the Impact Fees imposed shall be
e calculated on the entirety of the lands subject to the Building Permit. Where the aJteration, expansion or
replacement occurs on lands for which a Water and/or Sewer Systems Impact Fees have then already
been paid, the Impact Fees imposed shall be only upon the additional demand created by such alteration,
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expansion or replacement. No refund or credit shall be afforded an Owner or applicant in the event that
a diminution of use occurs.
Section 3.03. Interat to be Paid on Certain Refunds.
A. Moneys refunded in accordance with Subsections F and G of Section 2.03 of this Ordinance
shall be paid with interest. Interest paid pursuant to this Subsection shall be paid at an interest rate of
seven percent (7%) with simple interest. Except as provided for in the Section, no interest shall be paid
upon the return of Water and/or Sewer Systems Impact fees.
Section 3.04. Affordable Housing.
A. Pursuant to the guidelines established in this Section and Section 3.041 of this Ordinance. the
County shall waive or defer, as applicable, the payment of the Regional Water and/or Regional Sewer
Impact Fees for any new owner occupied or rental Water and/or Sewer Systems Impact Development
that qualifies as "Affordable Housing" under Section 3.041 of this Ordinance. Administration of the
provisions set forth in Section 3.04 and Section 3.041 shall be the responsibility of the Housing Urban
Improvement Department or its successor.
1. Any person seeking an Affordable Housing waiver or deferral for proposed Water
and/or Sewer Systems Impact Development shall file with the County Administrator an
Application for waiver or deferral prior to receiving a Building Permit for such proposed
Water and/or Sewer Systems Impact Development. The Application for waiver or
deferral must contain the following:
(a) The name and address of the owner;
(b) The legal description of the property upon whi~h the Water and/or Sewer
Systems Impact Development 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 Water and/or Sewer
Systems Impact Development.
2. If the proposed Water and/or Sewer Systems Impact Development meets the
n>luirements for an Affordable Housing waiver (or deferral) as set forth in this Section,
then the County Administrator shall issue an Impact Fees waiver or deferral, as
applicable, to the Owner or applicant. The Impact Fees waiver or deferral shall be
presented in lieu of payment of the Impact Fees pursuant to Section 2.01.
B. To qualify for an Impact fees waiver or deferral, an owner occupied dwelling unit must meet
all of the following criteria:
1. The owner(s) or anticipated owners of the dwelling unit must have a very low, low, or
moderate income level, at the time of issuance of the Impact Fees waiver or deferral, as
those terms are defined in Section 3.041, and the monthly payment to purchase the unit
must be within the Affordable Housing guidelines established in Section 3.041. A
Dwelling Unit shall qualify as being owner occupied if a lease-purchase agreement is in
effect at the date of issuance of the Regional Water and/or Regional Sewer Impact fees
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waiver or deferral, or within thirty (30) days thereafter, 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 fees must be immediately repaid unless the Dwelling Unit is sold to another
qualifying Owner within thirty (30) days thereafter.
2. The Owner, or if there is more than one (1) Owner, one (I) 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 hislher 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 (IS) years from the
date a certificate of occupancy is issued for the Dwelling Unit; otherwise the Regional
Water and/or Regional Sewer Impact Fees must be repaid to the County with simple
interest at the rate of six percent (6%) per annum calculated from the date the Building
Permit was issued.
C. To qualify for an Impact fees 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 the entire duration thereof, as those terms are
defined in Section 3.041, and the amount of rent must be w,ithin the Affordable Housing
guidelines established in Section 3.041.
2. The Dwelling Unit must be the household's permanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit
was issued shall become due and payable and shall be immediately repaid to the County upon the
sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fees
deferral was paid with State Housing Initiatives Partnership (SHIP) Program funds, repayment
will be made to the Collier County affordable housing trust fund. For purposes of this Section
3.04, a non-qualified purchaser is a person who does not satisfy the Affordable Housing criteria
set forth in subsection B, above, or a person who does not agree to the terms of the waiver or
deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was
issued shall become due and shall be immediately repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing, or fifteen (IS) years from the date of
issuance of the certificate of occupancy, whichever occurs first.
F. Any Regional Water and/or Regional Sewer Impact Fees waived for an owner-occupied
Dwelling Unit at the time a Building Permit issues 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 (1 S) year period after the certificate of occupancy is issued for the
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Dwelling Unit. If the Impact fees waiver was paid with State Housing Initiatives Partnership
(SHIP) Program funds, repayment will be made to the Collier County affordable housing trust
fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.04 of this
Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the
Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be
released.
G. The percentage of the total Regional Water and/or Regional Sewer Impact Fees 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 Section 3.041. The Impact Fees
waived or deferred shall be a lien on such property until all requirements under this Section have
been satisfied. The lien shall terminate upon the recording of a release or satisfaction of lien in
the public records of Collier County. In the case of a waiver, such release or satisfaction shall be
filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in
compliance with the agreement or upon repayment. In the case of a deferral, such release shall
be recorded upon repayment.
H. 1. Annually, the Owner of a rental Dwelling Unit shall provide to the County
Administrator an affidavit of compliance with the criteria set forth in this Section. An
affidavit must be filed within thirty (30) days of the anniversary date of the issuance of
the respective certificate of occupancy. If the income of any unit renter which originally
qualified as very low or low income level as defined in Section 3.041 exceeds the
Affordable Housing benefit standards set forth in Section 3,.041 by more than forty
percent (40%), then the deferred Impact Fees calculated from the date the Building
Permit was issued 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 Section 3.041.
1. If the household income of the qualified owner-occupied Dwelling Unit rises above
the benefit standards for waivers and deferrals set forth in Section 3.041, the Owner shall
maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding
Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the
Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees where the
Owner has complied with the Affordable Housing criteria set forth in this Section 3.04
and Section 3.041 of this Ordinance for fifteen (15) years after issuance of the respective
certificate of occupancy.
I. The Owner receiving an Impact Fees waiver or deferral shall enter into an impact fees
agreement with the County, which agreement shall provide for, at a minimum, the following and
shall further include such additional provisions, if any, deemed necessary by the Board to
effectuate the provisions of this Section:
1. The legal description of the Dwelling Unit.
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2. Where an Impact Fees waiver or deferral is given to an Owner who will be or may be
selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Water and/or
Sewer Systems Impact Development must be sold or rented to households meeting the
criteria set forth in this Section in order to maintotin the waiver or deferral. Impact Fees
waiver or deferral paid for with State Housing Initiatives Partnership (SHIP) Proaram
funds will only be granted directly to buyers meeting Section 3.041 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 Fees waiver or deferral or within thirty (30) days thereafter, 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 Fees plus simple interest at the rate of six percent (6%) per annum
calculated from the date the Building Permit was issued will be required to 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. IfImpact
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
I
Dwelling Unit as Affordable Housing, or fifteen (15) years from the issuance ofa
certificate of occupancy, whichever occurs first.
4. For owner-occupied Dwelling Units where Impact fees are waived, the Dwelling Unit
must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as
Affordable Housing in compliance with Section 3.04 and Section 3.041 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. IfImpact Fees were paid with State Housing Initiatives Partnership (SHIP)
Program funds, repayment must 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.
6. Annually, the Owner of a rental Dwelling Unit shall provide to the County
Administrator an affidavit of compliance with the criteria set forth in this Section. An
affidavit must be filed within thirty (30) days of the anniversary date of the issuance of
the respective certificate of occupancy. If the income of any unit renter which originally
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qualified u very low or low income level u defined in Section 3.041 exceeds the
Affordable Housing benefit standards set forth in Section 3.041 by more than forty
percent (40%), then the deferred Impact fees 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 Section 3.041.
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 or such extensions
thereof applied for by the applicant and granted by Staff, 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, including appraisals, 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 at
no cost to the County.
J. The amount ofImpact Fees waiver and deferral granted pursuant to this Section shall be
limited, in total, to the amount appropriated by the Board of County Commissioners at its final
public hearing regarding the adoption of the respective annual Co';U1ty budget and the amount
allocated to Impact Fees waiver and deferral in the Collier County Housing Assistance Plan, as
established by Collier County Ordinance No. 93-19, as then amended, or its successor in
function. Impact Fees waiver and deferral pursuant to this Section began in the 1993-94 fiscal
year or earlier upon receipt of State Housing Initiatives Partnership (SIllP) Program funds. All
Impact Fees waived or deferred shall be paid by the Board into the water and/or sewer systems
impact fees trust accounts within seven (7) years from the date of the award ora waiver and/or
deferral u provided herein, but in no event later than the time such amount is needed for a
project funded by those Impact fees waived or deferred. The Board shall pay into the Water
and/or Sewer Systems Impact Fees Trust Accounts such amounts equal to any Impact fees
previously waived or deferred by the Board or previously exempted, or reimbursed by the Board
within seven (7) years from the date of such waivers, deferrals, exemptions or reimbursements,
but in no event later than the time such amounts are needed for a project funded by those Impact
Fees waived, deferred, exempted or reimbursed. Waivers and deferrals shall be issued in the
order that completed qualifying applications are received by the County Administrator. At least
forty percent (40%) of the amount budgeted for Impact Fees waiver and/or deferral must be
utilized to fund Impact fees waiver and/or deferral for single family owner-occupied Dwelling
Units serving very low and/or low income levels.
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K. Any changes or amendments to Section 3.041 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 waivers or deferrals shall be granted for a Water and/or Sewer
Systems Impact Development project which consists of mobile home(s).
M. Although this Section is aimed at addressing new Water and/or Sewer Systems Impact
Development which is characterized as "Affordable" herein, the Board shall have the discretion,
but not any obligation, to consider the grant requests for waiver or deferral for then existing
Dwelling Units which are characterized as Water and/or Sewer Systems Impact Development,
provided such housing otherwise meets the requirements of this Section and the Board
determines funds are then available to grant such a request. Any such request shall not be
considered by the Board if not made within 180 days of connection of the Dwelling Units to the
Regional Water and/or Regional Sewer Systems. The applicant must establish that said time
frame has been adhered to.
N. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that
develops an Affordable Housing rental apartment complex consisting in whole or part of
Dwelling Units serving very low and/or low income levels, and meeting all requirements, and
subject to all conditions of Section 3.04 and Section 3.041 shall be entitled to defer one hundred
percent (l00%) 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
I
development remains "Affordable Housing" qualified under Section 3.04 and Section 3.041 of
this Ordinance for a minimum of fifteen (15) years.
O. 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 Owner provides additional security satisfactory to the
County, such as additional or substitute collateral in the form of cash or cash equivalent
financial instruments which will yield the full amount of the deferred impact fees at the
expiration of the period of the deferral.
Section 3.041. Affordable Housing Definitions, Benefits, Standards and Limitations.
A. The following sets forth the applicable definitions and benefit standards for Affordable
Housing Dwelling Units for the purpose of determining eligibility for Impact Fees waivers and deferrals
herein referred to as "benefits."
1. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS.
a) "Very low income families" means families whose incomes do not exceed fifty
percent (50%) of the then median income for the area as determined by the Secretary of
the U.S. Department of Housing and Urban Development (area median income).
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b) "Low Income Camilla" means families whose incomes are more than fifty
percent (50%) but do not exceed sixty percent (60010) of the area median income as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
c) "Modente income Camilia" means families whose incomes are more than sixty
percent (60%) but do not exceed eighty percent (80010) of the area median incomc as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
For a Dwelling Unit to be determined to be "affordable," the monthly rent or monthly mortgage
payment, including property taxes and insurance, shall not be in excess of thirty percent (30%) ofthc
families household income. In no instance shall rental limits exceed the rental limits established by the
Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL
Loan Program, or the Low Income Housing Tax Credit Program, based on unit size.
2. BENEFIT STANDARDS.
a) Affordable Housing owner-occupied Dwelling Units which exclusively serve
very low income families and are the owner's homestead shall have one hundred percent
(100%) of the applicable Impact Fees waived pursuant to this Ordinance.
b) Affordable Housing rental Dwelling Units which cxclusively serve very low
income families shall have one hundred percent (100%) of the applicable Impact fees
deferred pursuant to this Ordinance.
c) Affordable Housing owner-occupied Dwelling Units which exclusively serve
,
low-income families and are the owner's homestead shall have fifty percent (50%) of the
applicable Impact Fees waived and may have fifty percent (50%) of the applicable Impact
fees deferred pursuant this Ordinance.
d) Affordable Housing rental Dwelling Units which exclusively scrve low income
families shall pay fifty percent (50%) of the applicable Impact Fees and shall have fifty
percent (50%) of the applicable Impact Fees deferred pursuant to this Ordinance.
e) Affordable housing owner-occupied Dwelling units which exclusively
serve moderate income families and are the owner's homestead shall be required to pay
twenty-five (25%) of the applicable Impact Fees and shall have seventy-
five percent (75%) of the applicable Impact Fees deferred pursuant to this Ordinance.
f) Water and/or Sewer Systems Impact Development which meets the criteria set
forth in Section 3.04 when constructed by an Agency of Collier County or by an
Independent Governmental Agency pursuant to an interloca1 agreement with Collier
County and said construction is one hundred percent (100%) government funded shall
have one hundred percent (100%) of the Impact Fees for the construction waived
pursuant to the terms of this Ordinance.
3. An amendment to this Section or Section 3.041 shall require a public hearing of the
Board of County Commissioners occurring after 5:00 p.m.
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Section 3.05. Alternative Collection Method.
In the event the Water and/or Sewer Systems Impact Fees are not paid prior to the issuance of a
Building Permit or otherwise within ninety (90) days of the subject lands becoming classified as "Water
and/or Sewer Systems Impact Development," the County shall proceed to collect the Water and/or
Sewer Systems Impact Fees as follows:
A. The County shall serve, by hand delivery or by certified mail, return receipt requested, a
"Notice ofImpact Fees Statement" upon the Owner at the address appearing on the most
e recent tax roll maintained by the Property Appraiser of the County. If the building is then
under construction, the County shall also serve, by certified mail, return receipt requested, a
Notice ofImpact fees Statement upon the Applicant at the address set forth in the application
for Building Permit and also make a diligent effort to attach a copy of the "Notice of Impact
Fees Statement" to the Building Permit posted at the affected construction site. Service shall
be deemed effective on the date of hand delivery or the date the return receipt indicates the
notice was received by either the Applicant or the Owner, or, if the Building is then under
construction, the date said notice was attached to the Building Permit, whichever occurs first.
The "Notice ofImpact Fees Statement" should contain a reasonable legal description of the
property and should advise:
1. The amount of money that is then due and the general purpose for which the
Water and/or Sewer Systems Impact Fees was imposed;
2. A hearing pursuant to Section 3.07 may be requested within thirty (30) calendar days
from the effective date of service of the Notice ofImpact fees Statement by making
,
application to the Office of the County Administrator.
3. In the case of then existing Buildings, structures or applicable improvements which
are then required to connect to the Regional Water and/or Regional Sewer Systems, the
Owner may notify the Office of the County Administrator of interest to submit an
Alternative Water and/or Sewer Impact Fees calculations pursuant to Section 2.04 within
thirty (30) calendar days from the effective date of service of the Notice ofImpact Fees
Statement and thereafter provide an Alternative Water and/or Sewer Systems Impact Fees
calculations within one hundred twenty (120) calendar days from the effective date of
service of the Notice ofImpact Fees Statement.
4. The Water and/or Sewer Systems Impact Fees 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 ofImpact Fees Statement ifa hearing is not requested pursuant to Section 2.04
or Section 3.07.
5. Upon becoming delinquent, the Water and/or Sewer Systems Impact Fees shall be
e subject to the imposition of interest on the unpaid amount until paid at the highest interest
rate than allowed by Law.
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6. In the event the Water and/or Sewer Systems Impact Fees becomes delinquent, a
Notice of Claim of Lien against the property will be recorded in the Official Records of
the County.
B. The Water and/or Sewer Systems Impact Fees shall be delinquent if, within thirty (30)
calendar days from the effective date of service of the Notice ofImpact Fees Statement, the
Impact Fees have not been paid and received by the County, or the Owner has not properly
complied with the provisions of Section 2.04, and no review hearing has been requested pursuant
to Section 3.07. In the event a hearing is requested pursuant to Section 2.04 or Section 3.07, the
unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the
Board finally determines the amount ofImpact Fees due.
C. Should the Water and/or Sewer Systems Impact Fees become delinquent as set forth in
Subsection B above, the County shall serve, by certified mail return receipt requested, a notice of
lien upon the Applicant, if the building is then under construction at the address indicated in the
application for the Building Permit, and upon the delinquent Owner at the address appearing on
the then most recent tax roll maintained by the Property Appraiser and/or the Tax Collector of
the County. The notice of lien should serve to notify the delinquent Applicant and Owner, as the
case may be, that failure to pay the Water and/or Sewer Systems Impact Fees has caused the
County to file a Notice of Claim of Lien with the Clerk of the Circuit Court by recording the
same in the Official Records of Collier County.
D. Upon mailing of a notice of lien, the Public Works Administrator shall submit to the Board of
County Commissioners, who will file a Notice of Claim of Lien with the Clerk of the Circuit
I
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,
its staff may proceed to expeditiously collect, foreclose or otherwise enforce said lien pursuant to
this Ordinance.
E. The Public Works Administrator shall file a Notice of Satisfaction of Claim of Lien with the
Clerk of Circuit Court for recording in the Official Records upon receipt of full payment for a
delinquent Water and/or Sewer Impact fees, accrued interest, and recording expenses. Said
Notice of Satisfaction of Claim of Lien shall reflect the appropriate recording information shown
on the previously recorded Notice of Claim of Lien.
F. After the expiration of one (1) 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
unpaid fees, as set forth in Chapter 153, Florida Statutes, which provisions are hereby
incorporated herein in their entirety to the same extent as if such provisions were set forth herein
verbatim.
G. The recorded liens for delinquent Impact Fees imposed hereunder shall be superior and
paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or
34
other person except the lien of County taxes and superior federa1liens, if any, 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 then applicable law or administrative regulation
of the State of Florida. Failure of the County to follow the procedure set forth in this Section
shall not constitute a waiver of its rights to proceed under any ordinance or administrative
_ regulation of the County or any applicable law or administrative regulation of the State of Florida
or the United States.
Section 3.06. Developer Contribution Credit.
A. The County may enter into a contribution agreement with a developer to thereby grant a
credit for Water and/or Sewer Systems Impact Fees imposed by Section 2.01 in exchange for certain
donations of land, or for the construction or installation of certain Regional Water and/or Regional
Sewer Systems buildings, facilities and/or improvements and/or additions thereto, made to the Regional
Water and/or Regional Sewer Systems.
B. The amount of Developer Contribution Credit to be applied shall be determined according to
the following standards of valuation:
J. The value of donated land shall be based upon a written appraisal of fair market value
by a State certified appraiser acceptable to the County based upon comparable sales of
similar property between unrelated parties in a bargaining transaction.
2. The cost of eligible anticipated construction to the Regional Water and/or Regionai
I
Sewer Systems shall be based upon professional opinions oftotai project probable cost
certified by a Florida professional architect or engineer.
3. In the case of contributions of construction or installation of improvements, 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 Regional
Water and/or Regional Sewer Systems 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 (75%) of
the initial estimate of costs for contributions to the Regional Water and/or Sewer Systems
identified in the contribution agreement shall be actually applied or used in the
calculations ofavailable credit against Water and/or Sewer Systems Impact Fees.
e 4. 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 determination of any value of any
developer's contribution.
3S
C. All construction cost estimates shall be based upon, and all construction plans, specifications
and conveyances shall be in conformity with, the utility construction standards and procedures of the
County as then adopted by ordinance. All plans and specifications must be approved by the Public
Works Administrator prior to commencement of construction.
D. Prior to issuance of a Building Permit, the Applicant shall submit to the Public Works
Administrator a proposed plan and estimate of costs for contributions to the Regional Water and/or
Regional Sewer Systems. The proposed plan and estimates shall include:
e 1. A designation and description of the Water and/or Sewer Systems Impact
Development for which the proposed plan is being submitted;
2. A legal description of any land proposed to be donated and a written appraisal report
in conformity with Subsection B.I. of this Section;
3. Initial professional opinions of probable construction costs for the proposed
construction provided by a florida 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 Twenty-five Hundred Dollar ($2,500.00) processing, review and audit fee payable
to the County.
E. Upon favorable review of the proposed plan, the Public Works Administrator shall schedule a
presentation before the Board at a regularly scheduled meeting or a special meeting called for the
purpose of reviewing the proposed plan, and shall provide the Applicant or Owner written notice of the
time and place scheduled for the presentation.
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 Regional Water and/or Regional Sewer Systems;
2. Such proposed plan, viewed in conjunction with other existing or proposed plans, will
not adversely impact the cash flow or liquidity of the Water and/or Sewer Systems Impact
Fees Trust Account in such a way as to frustrate or interfere with other planned or
ongoing growth necessitated capital improvements and additions to the Regional Water
and/or .Sewer Systems; and
3. Such proposed plan, viewed in conjunction with other existing or proposed plans, will
not create a detrimental imbalance between the treatment and transmission capabilities of
the Regional Water and/or Regional Sewer Systems; and
4. The proposed plan is consistent with the public interest; and
S. The proposed time schedule for completion of the plan is consistent with the then most
e recently adopted five (5) year capital improvement program for the Regional Water
and/or Regional Sewer Systems.
G. The processing, review and audit fee shall be returned to thc Applicant if either thc Public
Works Administrator or the Board determines the proposed plan is not acceptable. The processing,
36
review and audit fee shall become non-refundable when the Board authorizes the County Attorney to
prepare a contribution agreement.
H. 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 Attorney, the Applicant or Owner shall provide
to the County Attorney, at no cost to the County, an attorney's opinion identifying the
e 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 lien or encumbrance, and cite appropriate
recording information and incorporate by reference a copy of all such referenced
instruments.
2. A fmding that the contributions contemplated by the Agreement are consistent with
the Comprehensive Plan.
3. A legal description of the Water and/or Sewer Systems Impact Development lands
subject to the Agreement.
4. The duration of the Agreement, which shall not be for a period in excess of five (5)
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 (7) years,
exclusive of any moratoria, from the date of recording in the Official Records.
,
5. A description of the contributions to the Regional Water and/or Regional Sewer
Systems to be made pursuant to the Agreement.
6. An ACknowledgment that the contributions contemplated under the Agreement shall be
construed and be characterized as work done and property rights acquired by a utility or
other persons or entity engaged in the distribution or transmission of water and/or
collection or transmission of sewerage for the purpose of COnstructulg or installing on
established rights-of-way, mains, pipes, cables, utility infrastructure or the like.
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, as then amended.
8. Adoption of the approved time schedule for completion of the plan.
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
e 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 (5) years from the termination date of the Contribution Agreement.
37
11. A requirement that the credit for impact fees identified in the Contribution
Agreement shall run with the subject Water and/or Sewer Systems Impact Development
lands and shall be reduced by the entire amount of the Water and/or Sewer Systems
Impact Fees due on the first Building Permit iSS\ied thereon and each successive Building
Permit until the project is either completed or the credits are exhausted or are otherwise
no longer available.
12. That the burdens of the Contribution Agreement shall be binding upon, and the
e 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
then 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
Water and/or Sewer Systems 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 and/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 to the Contribution
Agreement or by their successors in interest.
18. Recording of the Contribution Agreement in the Official Records usually within
fourteen (14) days after the County enters into the Contribution Agreement.
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 then available to the parties for enforcement of the Agreement.
I. In the event the amount of Developer Contribution pursuant to an approved plan of
e construction or donation of land exceeds the total amount of Impact Fees possibly due from the
Applicant based upon the contemplated improvements to the Regional Water and/or Regional Sewer
Systems 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
38
Water and/or Sewer Systems Impact Fees. Such agreement of reimbursement shall not be for a period in
excess of seven (7) 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 time period.
J. In the event the amount of developer contribution pursuant to an approved plan of
construction or donation ofland exceeds the total amount ofImpact Fees credits used on the benefiting
Water and/or Sewer Systems Impact Development lands identified in a Contribution Agreement, the
Contribution Agreement may provide for the reimbursement of up to one-half (112) the excess or
e remaining balance of such contribution credit, provided funds are then available and collected from
future receipts by the County from Water and/or Sewer Systems 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, or the seventh anniversary, exclusive of any moratoria, from the
date of recording the Contribution Agreement in the Official Records, whichever shall ftrst 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 desiring
the immediate issuance of a Building Permit shall pay prior to or at the time the proposed plan is
submitted the applicable Water and/or Sewer Systems Impact Fees pursuant to Section 2.01. Said
payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review
rights. Any difference between the amount paid and the amount due, as determined by the Board, shall
usually be refunded to the Applicant or Owner within 90 days of Board decision.
Section 3.07. Review Hearings.
A. An Applicant or Owner who is required to pay a Water and/or Sewer Systems Impact Fees
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 Water and/or Sewer Systems Impact Fees pursuant to Section
2.01.
2. A denial of an Affordable Housing Exemption or Authorization for Reimbursement
pursuant to Section 3.04 and Section 3.041.
C. Except 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 offtrst
receipt of the following, whichever is applicable;
1. Receipt of a Notice of Impact fees Statement.
2. The denial of an Impact Fees Exemption or Authorization for Reimbursement.
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 Administrator and must
contain the following:
1. The name and address of the Applicant and Owner;
2. The full and complete legal description of the property in question;
39
.
-
3. If issued, the number of the Building Permit(s) and the date such Building
Permit(s) was issued;
4. A brief description of the nature improvements on the property or the construction
being undertaken pursuant to a Building Permit;
5. If paid, the date the Water and/or Sewer Systems Impact Fees was paid; and,
6. A statement of the reasons why the Applicant or Owner is requesting the hearing.
E. Upon receipt of such request. the County Administrator 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 usually be held within thirty (30) days of the date tile 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 of 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 prescot information and evidence.
G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the
immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed
the applicable Water and/or Sewer Systems Impact Fees pursuant to Section 2.01. Said payments shall
be deemed paid under "Protest" and shall not be construed as a waiver of any review rights.
Section 3.08. Review Requirement.
This Ordinance and the master plans 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
I
163.3177, Florida Statutes. Thereafter, this Ordinance shall be reviewed every three (3) years. The
initial and each review shall consider new estimates of population per household, costs related to the
acquisition of land, buildings, capital plant and equipment necessitated by growth and adjustments to the
assumptions, conclusions and fmdings set forth in the master plans adopted by Section LOS. Thc
purpose of this review is to ensure that the Water and/or Sewer Systems Impact fees generally reflect
the reasonably anticipated costs associated with the improvements necessary to offset the dcmand
generated by new construction, or use of the Regional Water and/or Regional Sewer Systems, by users
who have theretofore not connected to the Regional Water and/or Regional Sewer Systems and who
have not then paid Impact Fees. In the event the review of the Ordinance under this Section alters or
changes the assumptions, conclusions and findings of the master plans adopted by reference in Section
1.05, or revises or changcs the Regional Water and/or Sewer Systems, Qr alters or changes the amount of
Impact Fees, thc master plans adopted by reference in Section LOS shall be amended and updated to
reflect such new and demonstrable assumptions, conclusions and findings of such reviews, and Section
1.05 shall be amended to adopt by reference such updated studies.
SECTION 2. REPEAL OF PRIOR ORDINANCES RELATING TO THE REGIONAL WATER
AND/OR SEWER SYSTEMS IMPACf FEES.
.co
Collier County Ordinances Nos. 88-97 as amended, 90-86 as amended, 90-87 as amended, and
92-87, all relating to the Regional Water and/or Sewer Systems Impact Fees are hereby repealed in their
entirety and are superseded by this Ordinance.
SECTION 3. DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES
ACT.
Nothing contained in this Ordinance shall be construed or interpreted to include the County in
e 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 specifically, but not limited to, consideration of an Alternative Water and/or Sewer
Impact Fees calculations under Section 2.04, a determination of entitlement to an Impact Fees
Exemption or Authorization for Reimbursement pursuant to Section 3.04, the proposed plan for a
developer contribution under Section 3.06, a review hearing under Section 3.07, or otherwise.
SECTION 4. CONFLICT AND SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid
for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be
valid as if such invalid portion thereof had not been incorporated herein. In the event it is held or
construed by any court of competent jurisdiction that the County does not possess the power or authority
to impose the Water and/or Sewer Systems Impact Fees within any Collier County Water and
,
Wastewater Authority certificated areas of the District, or such imposition of the Impact Fees within
such areas is declared invalid or unconstitutional for any reason or purpose, such declaration of
unconstitutionality or invalidity shall not affect the validity or constitutionality of the imposition of the
Water and/or Sewer Systems Impact Fees in any other areas of the District, or for other reasons or
purposes, and it is the intent of the County, in such event, that such imposition ofImpact fees in all
other areas remain valid and in force. In the event this Ordinance conflicts with any other ordinance of
Collier County or other applicable law, the more restrictive shall apply.
SECTION 5. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
e SECTION 6. EFFECI1VE DATE.
This Ordinance shall become effective upon filing with the Department of State.
41
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PASSED AND DULY ADOPTED BY mE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, this .yrJ... day of aA1,,~-:r ,1998.
BY:~~
B B.BERR ,C
This ordlnoncl! 1;:0;',' with tho;
.S.1ti;etory of Atotc.:..S, Gffts ~ti'J
ll.1.::- day of~.
end ocknowlf!d!::p.m~~ tnat
fill~d this~ day
of ~
llt~ C_
42
, ,A~T:':"',J'
. ,. " DWI'tllrr B; BROCK, CLERK
:,:' /<;' . :.':.. ~;;': :~.~j ,:~>~ 1-:'
'.:' f" . ~ .// :..\, 0....
: :BY' ," . '
.:. ~ Attt *S ~ '.
_~l\t'gn , '~onl. '';r',:l:
:.". ~. ';1 ,.f~, . '1:.... . ,',;., J ""'\':
/ 'Ap' pro' ..red'as th ro~.ind,"
I '\,.' "'"
,legal su.ffi~1AACY!'-:'.' ,1>:,
~p~ rJ..
Thomas C. Palmer,
Assistant County Attorney
TCPnN9llordb.1I1ce-llllpIICt lee
e
e
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
ioregoing is a true copy of:
ORDINANCE NO. 98-69
Which was adopted by the Board of County Commissioners on the 4th day
of August, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 6th day of August, 1998.
.. .
."
", .\...III.lf.",
DWIGHT E. BROCK ....;.. ,\. ...1: ""'.
Clerk of Courts anc:VCi~ric,' ; I .:..,.~ . '.
Ex-officio to Boara"of '. . '. .~. . "
County Commissioner~. ...; '!,' '. . I'.
r::. . i .~~ ~.",.~. "~-I .; ..! ..'.'/
~ ~'.' . .., .!
~: Maureen Keny~: .' . .'; '.' ..::.
Deputy Clerk.\ ;....... .,",..,
. )'. J' . ,.
. :.. ~., ".'
. ..........
,- -,"."-~.. ..,~,........"'_..-_--,"""",....._' ---....
"