Ordinance 2009-64
- -
\~ '\6171879<.
~ V~
~ ~ ~ 7:;)
~ ~~ ~~~
~ .~~~ r{f,fJ ~
~ ~.- v I\)
~ ~f'.J:::; ORDINANCE NO. 2009-64
.. A~
\9 '1
~~C' 1.~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS'~'
~l_ L~OCC,G OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
",/.
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001':-.13,
AS AMENDED, TO INCORPORATE A PROVISION CLARIFYIN'G
THE IMPOSITION OF WATER AND SEWER IMPACT FEES oN
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY W A TER- ,--
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO
THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY
THE MOST CURRENT PUBLIC UTILITIES WATER AND
WASTEWATER MASTER PLAN UPDATES AND THE ANNUAL
UPDA TE AND INVENTORY REPORT; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
,:.t.,~~
\
.}
.. .,
, ,....'"
"..- n..')
" .,
c,.J
,,-'
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances; and
WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions
that will amend Section 74-303 (C)(1) of the Collier County Code of Laws and Ordinances
relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas
within the Collier County Water-Sewer District to clarify and limit the imposition of Water and
Sewer impact fees on geographic areas within the Collier County Water-Sewer District until
such a time when connection to the Regional Water and or Sewer System is anticipated within a
ten-year period as identified by the most current Public Utilities Water and Wastewater Master
Plan Updates and the Annual Update and Inventory Report during the normal land development
process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-303, Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Page 1 of3
Underlined text is added; struek through text is deleted.
Section 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee.
***
C. Limitation on Applicability. Notwithstanding the general applicability provisions
set forth in this chapter, water and sewer impact fees shall be limited as follows:
(1) The imposition of water and sewer impact fees 8~hall not apply within the
geographic areas expressly excluded by this chapter.:. from the imposition of water and
sewer impact fees: For purposes of the water and/or sewer service, development shall
include only development on lands within the county water sewer district, exclusive of
lands encompassed by the geographic areas described hereunder-:- subiect to the following
condition: the imposition and collection of water and sewer impact fees on geographic
areas within the county water sewer district shall not take place until such time when
connection to the regional water and/or sewer system is anticipated within a ten-year
period as identified by the most current county Public Utilities Water and Wastewater
Master Plan Updates and the Annual Update and Inventory Report. Lands within the
county generally excluded from the generally applicable definition of "development" as it
relates to the water and/or sewer service include (the exclusions set forth below are not
all-inclusivek lands lying within the excluded areas which are either required to connect
or request connection to the regional water system, or which otherwise create a growth
necessitated demand upon the regional water system shall be subject to the imposition of
impact fees in accordance with this chapter in the same manner as if said lands were not
within the excluded geographic area:
***
m. Any and all portions of Sections 13. 14. 15. 16. 20. 21. 22. 27. and 28.
Township 49 South. Range 27 East within the Collier County Water-Sewer District
boundaries. Any and all portions of Section 24. Township 49 South. Range 26 East
within the Collier County Water-Sewer District boundaries. Any and all portions of
Section 31. Township 50 South. Range 27 East within the Collier County Water-Sewer
District boundaries. Any and all portions of Sections 3. 4. 10. and 11. Township 51
South. Range 27 East within the Collier County Water-Sewer District boundaries. Any
and all portions of Sections 34 and 35. Township 50 South. Range 25 East within the
Collier County Water-Sewer District boundaries. Any and all portions of Sections 1. 2.
3. 11. 12. 13. 14. 23. and 24. Township 51 South. Range 25 East within the Collier
County Water-Sewer District boundaries. Any and all portions of Sections 7. 17. 18. 19.
Page 2 of3
Underlined text is added; struck through text is deleted.
and 20. Township 51 South. Range 26 East within the Collier County Water-Sewer
District boundaries. Any and all portions of Sections 34. 35. and 36. Township 47 South.
Range 27 East within the Collier County Water-Sewer District boundaries. Any and all
portions of Sections 1. 2. and 3. Township 48 South. Range 27. East within the Collier
County Water-Sewer District boundaries.
***
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUDSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or
relettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
The Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 1st day of December, 2009.
, ' '~, .:t.,:"
Al:rES'!' C/l,
," "0 .. .,^ . . . , ~ . ~ , , ~
"':'"~Wight5:'8t~,,Clerk
;r::.):' .5,'~/:~'\ ::'~;.
___ .,', "'0 ,(....,'"' . -.
~-\,.~:~: :-i
BOARD OF COUNTY COMMISSIONERS
OF COLLI COUNTY, FLORIDA
By:
/j
,1j~.
DONNA FIALA, CHAIRMAN
~t:~s. &', t;o.J~f~ Jjeputy Clerk
fiti~iI't~t'fi ~c,..tJ.',(
'- ql"""\ .
Approved as to form
an~M7tj~
Scott R. Teach
Deputy County Attorney
Page 3 of3
Underlined text is added; struck through text is deleted.
!his ordinance filed with th~
~retory of ~s OHio) 1ft;
-=t=-doyof -, ~.1
on~ ack nc'Wle~e,n,r *:m
f;;;~~ved t~IS, Gny
o,~ .
B ' tlt'L ' --
o..p..Ily r::~
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-64
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of December, 2009.
f~