Ordinance 99-52~R%~%~~~D ::" ORDINANCE NO. 99~2
~ ., CORRECTIONAL FACILITIES IMPACT FEE ORDINANCE
,,- 7~I-AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY
,,~.
CORRECTIONAL FACILITIES IMPACT FEE ORDINANCES PROVIDING
DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGSS
ADOPTING A CERTAIN IMPACT FEE STUDYI DEFINING THE TERM
CORRECTIONAL FACILITIES IMPACT CONSTRUCTIONI PROVIDING
FOR THE PAYMENT AND COLLECTION OF CORRECTIONAL
FACILITIES IMPACT FEES~ PROVIDING FOR THE USE OF
CORRECTIONAL FACILITIES IMPACT FEES COLLECTEDI
PROVIDING AN ALTERNATIVE METHOD OF CALCULATION OF
CORRECTIONAL FACILITIES IMPACT FEESI PROVIDING- FOR
EXEMPTIONS IN CONNECTION WITH CORRECTIONAL FACILITIES
IMPACT FEESI PROVIDING FOR CHANGES IN SIZE AND USE OF A
BUILDING OR DWELLING UNIT~ PROVIDING FOR VESTED RIGHTSS
PROVIDING FOR AFFORDABLE HOUSING WAIVER AND DEFERRALSI
PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTIONI
PROVIDING FOR REVIEW HEARINGSI REQUIRING REVIEW EVERY
THREE YEARS, DECLARATION OF EXCLUSION FROM
ADMINISTRATIVE PROCEDURES ACTI PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCESI PROVIDING FOR
SEVERABILITY~ PROVIDINGAN EFFECTIVE DATE.
BE IT ORDAI ED, BY BOARD OF COUNTY CO ISa-' hE
COLLIER COUNTY, FLORIDA:
ARTICLE I
GENERAL
Section 1.01. Definitions.
When used in this Ordinance, the following terms shall have
the following meanings, unless the context clearly indicates
otherwise:
"Accessory Building or Structure~ shall mean a detached,
subordinate structure, the use of which is clearly indicated
and related to the use of the principal Building or use of the
land and which is located on the same lot as the principal
Building.
"Aifordable Housing" shall mean a Dwelling Unit which is
offered for sale or rent for an amount which is within the
standards set forth and established in Appendix B of this
Ordinance.
"Alternative Correctional Facilities Impact Fee. shall mean
any alternative fee calculated by the Applicant and approved by
the Board pursuant to Section 2.04 or 3.07.
· Alternative Correctional Facilities Impact Fee Study"
shall mean a study prepared by the Applicant and submitted to
the County Manager pursuant to Sections 2.04.
.Apartment" means a rental Dwelling Unit located within the
same Building as other Dwelling Units.
"Applicant" shall mean the Person who applies for a
Building Permit.
· Board" shall mean the Board of County Commissioners of
Collier County, Florida.
"Building" shall mean any structure, either temporary or
permanent, built for the support, shelter or enclosure of
Persons, chattels or property of any kind or any other
improvement, use or structure which creates or increases the
potential demand in the Correctional Facilities System. This
term shall include tents, trailers, mobile homes or any
vehicles serving in any way the function of a Building. This
term shall not include temporary construction sheds or trailers
erected to assist in construction and maintained during the
term of a Building Permit.
.Building Permit. shall mean an official document or
certificate issued by the authority having jurisdiction,
authorizing the construction or siting of any Building. For
purposes of this Ordinance, the term "Building Permit" shall
also include tie-down permits for those structures or
Buildings, such as a mobile home, that do not require a
Building Permit in order to be occupied.
"Condominium. means a single-family or time-sharing
ownership unit that has at least one other similar unit within
the same building structure. The term Condominium includes all
fee simple or titled multi-unit structures, including
townhouses and duplexes.
"Correctional Facilities Impact Construction. shall mean
land development construction designed or intended to permit a
use of land which will contain more Dwelling Units, Buildings
or floor space than the existing use of land or otherwise
change the use of land that increases the impact upon the
Correctional Facilities System.
"Correctional Facilities System" shall mean the Buildings,
land, improvements, furniture and equipment provided by the
County that are primarily used for the detention and/or housing
of alleged criminals and/or convicted persons.
"Correctional Facilities Impact Fees or uImpact Fees shall
mean the fee imposed by the County pursuant to Section 2.01 or,
if applicable, the Alternative Correctional Facilities Impact
Fee.
"County" shall mean Collier County, a political subdivision
of the State of Florida.
"County Attorney" shall mean the person appointed by the
Board of County commissioners to serve as its counsel, or the
designee of such Person.
"County .Managers shall mean the chief administrative
officer of the County, appointed by the Board of County
Commissioners, or the designee of such Person.
.Dwelling Units 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.
.Encumbereds shall mean monies committed by contract or
purchase order in a manner that obligates the County to expend
the encumbered amount upon delivery of goods, the rendering of
services or the conveyance of real property provided by a
vendor, supplier, contractor or Owner.
.Tmpact Fee Study" shall mean the study adopted pursuant to
Section 1.04, as amended and supplemented pursuant to Section
3.08.
.Local Government Comprehensive Planning and Land
Development Regulation Act" means the provisions of Part II,
Chapter 163, Florida Statutes (1999), as amended or
supplemented, or its successor in function.
.Mobile Home" means manufactured homes, trailers, campers
or recreational vehicles. For the purpose of imposing impact
fees relative to Travel Trailers, which are otherwise herein
encompassed by the term "mobile home", travel trailer lots or
spaces shall be classified in conformance with the definition
of use provided for in the County's zoning regulations and
Comprehensive Plan.
.Owner" shall mean the Person holding legal title to the
real property upon which Correctional Facilities Impact
Construction is to occur.
.Person" shall mean an individual, a corporation, a
partnership, an incorporated association, or any other similar
entity.
"Residential" means Apartments, Condominiums, Mobile Homes,
Single-Family Detached Houses or Assisted Living Facilities, as
that term is defined in Section 400.402, Florida Statutes.
.Single-F_~m~ly Detached House" means a home on an
individual lot.
"Square Footage" shall mean the gross area measured in feet
from the exterior faces of exterior walls or other exterior
boundaries of the Building.
Section 1.02. Rules of Construction. For the purposes of
administration and enforcement of this Ordinance, unless
otherwise stated in this Ordinance, the following rules of
construction shall apply:
A. In case of any difference of meaning or implication
between the text of this Ordinance and any caption,
iljustration, summary table, or iljustrative table, the text
shall control.
B. The word "shall" is always mandatory and not
discretionary and the word "may" is permissive.
C. Words used in the .present tense shall include the
future; words used in the singular shall include the plural and
the plural the singular, unless the context clearly indicates
the contrary; and use of the masculine gender shall include the
feminine gender.
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D. The phrase "used for" includes "arranged for,"
" or "occupied for "
"designed for," "maintained for, .
E. Unless the context clearly indicated the contrary,
where a regulation involves two or more items, conditions,
provisions, or events connected by the conjunction "and," "or"
or "either...or", the conjunction shall be interpreted as
follows:
1. "And" indicated that all the connected terms,
conditions, provisions or events shall apply.
2. "Or" indicates that the connected items,
conditions, provisions or events may apply
singly or in any combination.
3. "Either...or" indicates that the connected
items, conditions, provisions or events shall
apply singly but not in combination.
F. The word "includes" shall not limit a term to the
specific example but is intended to extend its meaning to all
other instances or circumstances or like kind or character.
Section 1.03. Findings. It is hereby ascertained, determined
and declared:
A. Future growth represented by Correctional Facilities
Impact Construction should contribute its fair share to the
cost of improvements and additions to the Correctional
Facilities System that are required to accommodate the use of
such facilities by growth.
B. Implementation of the Impact Fee to require future
Correctional Facilities Impact Construction to contribute its
fair share of the cost of improvements and additions to the
Correctional Facilities System is an integral and vital element
of the regulatory plan of growth management.
C. The standard of service for the correctional
Facilities System, as determined in the Impact Fee Study, is
hereby approved and adopted by the County.
D. Capital planning is an evolving process and the
standard of service for the Correctional Facilities System
constitutes a projection of anticipated need for correctional
facilities, based upon present knowledge and judgment.
Therefore, in recognition of changing growth patterns and the
dynamic nature of population growth, it is the intent of the
Board that the standard of service for the Correctional
Facilities System and the Impact Fee imposed be reviewed and
adjusted periodically, pursuant to Section 3.08, to insure that
the Correctional Facilities Impact Fees are imposed equitably
and lawfully, based upon actual and anticipated growth at the
time of their imposition.
E. The imposition of the Correctional Facilities Impact
Fee is to provide a source of revenue to fund the construction
or improvement of the Correctional Facilities System
necessitated by growth.
F. The Board specifically finds that correctional
facilities benefit all residents of the County and, therefore,
the Correctional Facilities Impact Fee shall be imposed in all
areas of the County, including both the unincorporated area and
within municipal boundaries.
G. This Ordinance shall not be construed to permit the
collection of Impact Fees from Correctional Facilities Impact
Construction in excess of the amount reasonably anticipated to
offset the demand on the Correctional Facilities System
generated by the Correctional Facilities Impact Construction
occurring subsequent to the effective date of this Ordinance.
H. All improvements and additions to the Correctional
Facilities System needed to eliminate any deficiency between
the existing Correctional Facilities System and the standard of
service utilized in the Impact Fee Study adopted pursuant to
Section 1.04 as amended and supplemented pursuant to Section
3.08, shall be funded by revenues other than Impact Fees.
Therefore, the revenue derived from the Impact Fee shall be
utilized only for the acquisition of improvements and additions
to the Correctional Facilities System which are necessitated by
Correctional Facilities Impact Construction occurring
subsequent to the effective date of this Ordinance.
I. It is hereby declared to be the policy of the Board
that the improvements and additions to the Correctional
Facilities System, required to accommodate future growth, shall
be funded entirely by the revenue derived from the Correctional
Facilities System Impact Fee. Therefore, no credit shall be
given for any tax revenue sources which may have been utilized
in prior years for the funding of Correctional Facilities
System improvements or additions. In the event that this
policy is altered by the subsequent action of the Board, or if
additional revenue is received and committed for growth
necessitated improvements and additions of the Correctional
Facilities System, the Impact Fee shall be adjusted at the
periodic review required pursuant to Section 3.08 and credit
shall be given for any tax revenue which has been utilized for
growth required improvements and additions to the Correctional
Facilities System.
Section 1.04. Adoption of Impact Fee Study and Comprehensive
Plan. The Board hereby adopts and incorporates by reference
the study entitled "Rate Study for Impact Fees for Correctional
Facilities for Collier County, Florida," dated April 26, 1999
and any amendments, updates or supplements thereto particularly
the assumptions, conclusions and findings in such study and its
amendments as to the determination of anticipated costs of
additions to the Correctional Facilities System required to
accommodate growth.
ARTICLE II
CORRECTIONAL FACILITIES IMPACT FEE
Section 2.01. Imposition.
A. All Correctional Facilities Impact Construction within
the County, both within the unincorporated areas and within the
boundaries of all municipalities, shall pay the Correctional
Facilities Impact Fee as set forth and established in Appendix
A.
B. The Board hereby adopts the Correctional Facilities
Impact Fee incorporated within Appendix A which shall be
imposed upon all Correctional Facilities System Impact
Construction occurring within the County.
C. The Correctional Facilities Impact Fee shall be paid
in addition to all other fees, charges and assessments due for
the issuance of a building permit and is intended to provide
funds only for growth necessitated improvements and additions
to the Correctional Facilities System.
Section 2.02. Payment.
A. Except as otherwise provided in this Ordinance, prior
to the issuance of a Building Permit for a Correctional
Facilities Impact Construction, an Applicant shall pay the
Correctional Facilities Impact Fee as set forth in Section
2.01.
B. If the Correctional Facilities Impact Construction is
located within the unincorporated area of the County, the
Correctional Facilities Impact Fee shall be paid directly to
the County.
C. If the Correctional Facilities Impact Construction is
located within a municipality, the Correctional Facilities
Impact Fee shall be paid as follows:
1. If the municipality has entered into an
interlocal agreement with the County providing for the
collection of the Correctional Facilities Impact Fee, such
Impact Fees shall be paid and collected in accordance with
the provisions of the interlocal agreement.
2. If the municipality has not entered into an
interlocal agreement with the County providing for the
collection of the Correctional Facilities Impact Fee, such
Impact Fees shall be paid directly to the County.
D. If the Correctional Facilities Impact Construction
is located within a municipality and the governing body of the
municipality has not agreed to require proof of payment of the
Correctional Facilities Impact Fee to the County prior to the
issuance of a Building Permit by the municipality or to require
additionally the payment of the Correctional Facilities Impact
Fee as a condition of the issuance of a Building Permit by the
municipality, the Impact Fees shall be collectedas provided in
Section 3.05.
E. The obligation for payment of the Correctional
Facilities Impact Fee shall run with the land.
F. In the event that a Building Permit issued for a
Correctional Facilities Impact Construction expires prior to
completion of the Correctional Facilities Impact Construction
for which it wasissued, the Applicant may within ninety (90)
days of the expiration of the Building Permit apply for a
refund of the Correctional Facilities Impact Fee. Failure to
timely apply for a refund of the Correctional Facilities Impact
Fee shall waive any right to a refund.
1. The application for refund shall be filed with
the County Manager and contain the following:
(a) The name and address of the Applicant;
(b) The location of the property which was the
subject of the Building Permit;
(c) The date the Correctional Facilities Impact
Fee was paid;
(d) A copy of the receipt of payment for the
Correctional Facilities Impact Fee; and
(e) The date the Building Permit was issued and
the date of expiration.
2. After verifying that the Building Permit has
expired and that the Correctional Facilities Impact
Construction has not been completed, the County Manager
shall refund the Correctional Facilities Impact Fee paid
for such Correctional Facilities Impact Construction.
3. A Building Permit which is subsequently issued
for a Correctional Facilities Impact Construction on the
same property which was the subject of a refund shall pay
the Correctional Facilities Impact Fee as required by
Sections 2.01.
Section 2.03. Use of Monies.
A. The Board hereby establishes a separate trust account
for the Correctional Facilities Impact Fees, to be designated
as the "Correctional Facilities Impact Fee Trust Account" which
shall be maintained separate and apart from all other accounts
of the County. All such Impact Fees shall be deposited into
such trust account immediately upon receipt.
B. The monies deposited into the Correctional Facilities
Impact Fee Trust Account shall be used solely for the purpose
of providing growth necessitated construction improvements and
additions to the Correctional Facilities System within the
County including, but not limited to:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Construction and design of Correctional
Facilities System buildings or improvements and additions
thereto;
(4) Design and construction of new drainage
facilities required by the construction of Correctional
Facilities System buildings, facilities or improvements and
additions thereto;
(5) Relocating utilities required by the construction
of Correctional Facilities System buildings, facilities or
improvements and additions thereto;
(6) Landscaping;
(7) Construction management and inspection;
(8) Surveying, soils and material testing;
(9) Acquisition of capital equipment.for Correctional
Facilities System;
(10) Acquisition of apparatus, equipment or furniture
necessary to expand the Correctional Facilities System.
(11) Repayment of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which were used to fund construction,
acquisition of improvements and additions to the
Correctional Facilities System;
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
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improvements and additions to the Correctional Facilities
System subsequent to the adoption of this Ordinance;
(13) Reimbursement of excess Correctional Facilities
Impact Fees due an Applicant pursuant to Section 3.07;
(14) Design and construction of roadway improvements
required by the Correctional Facilities System; and
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation
of any update to the Impact Fee Study adopted pursuant to
Section 2.04 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 Correctional Facilities Impact
Fee Trust Account shall not be used for any expenditure that
would be classified as a maintenance or repair expense.
D. The monies deposited into the Correctional Facilities
Impact Fee Trust Account shall be used solely to finance
improvements and additions to the Correctional Facilities
System required by growth as projected in the Impact Fee Study.
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
Correctional Facilities Impact Fee Trust Account and used as
provided herein. To the extent permitted by law, any interest
accrued on Correctional Facilities Impact Fees which is not
needed for improvements and additions to the Correctional
Facilities System may, at the discretion of the Board, be used
to fund waivers or deferrals of Correctional Facilities Impact
Fees pursuant to Section 3.04 of this Ordinance. In addition,
to the extent permitted by law, any accrued interest on
Correctional Facilities Impact Fees which is not needed for
improvements and additions to the Correctional Facilities
System may, at the discretion of the Board, be used to fund
waivers of Correctional Facilities Impact Fees if the Board
makes the following findings by resolution:
a. The entity requesting a waiver is a not-for-
profit corporation or business, or charitable
organization;
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates;
c. The County does not provide such services;
d. The provision of services provides substantial
benefits to the citizens of Collier County.
e. Sufficient funds in the Correctional Facilities
Impact Fee Trust Account exist to fund the
waivers; and
f. The entity is a child care or similar support
facility which is included in the original site
development plans of an affordable housing
project and which project has qualified for an
affordable housing waiver or deferral. The
resolution adopted by the Board shall state
such findings and authorize the payment, in
whole or in part, of the Correctional
Facilities Impact Fee.
F. The Correctional Facilities Impact Fee collected
pursuant to this Ordinance shall be returned to the then
current Owner of the property for which such fee was paid if
such fees have not been expended or encumbered prior to the
end of the fiscal year immediately following the sixth
anniversary of the date upon which such fee was paid.
Refunds shall be made only in accordance with the following
procedure:
{1) The then current Owner shall petition the Board
for the refund prior to the end of the fiscal year
immediately following the sixth anniversary of the date of
the payment of the Correctional Facilities Impact Fee.
(2) The petition for refund shall be submitted to the
County Manager, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property
for which the Impact Fee was paid;
(b) A copy of the dated receipt issued for
payment of such fee or such other record as would
indicate payment of such fee;
(c) A certified copy of the latest recorded
deed; and
(d) A copy of the most recent ad valorem tax
bill.
(3) Within three (3) months from the date of receipt
of a petition for refund, the County Manager will advise
the petitioner and the Board of the status of the Impact
Fee requested for refund, and if such Impact Fee has not
been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For
the purposes of this Section, fees collected shall be
deemed to be spent or encumbered on the basis of the first
fee in shall be the first fee out.
G. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
County shall be entitled to retain and apply the Impact Fees
for growth necessitated capital improvements and additions to
the Correctional Facilities System.
Section 2.04. Alternative Fee Calculation.
A. In the event an Applicant believes that the impact to
Correctional Facilities System resulting from his Correctional
Facilities Impact Construction is less than the fee established
in Section 2.01, such Applicant may, prior to issuance of a
Building Permit for such Correctional Facilities Impact
Construction, submit a calculation of an Alternative
Correctional Facilities Impact Fee to the office of the County
Manager pursuant to the provisions of this Section. Upon
receipt of the Alternative Correctional Facilities Impact Fee,
the County Manager shall schedule a hearing before the Board at
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a regularly scheduled meeting or a special meeting called for
the purpose of reviewing the Alternative Correctional
Facilities Impact Fee and shall provide the Applicant written
notice of the time and place of the hearing. Such hearing
shall be held within thirty (30) days of the date the
Alternative Correctional Facilities Impact Fee was submitted.
B. The Alternative Correctional Facilities Impact Fee
calculations shall be based on data, information or assumptions
contained in this Ordinance and the Impact Fee Study or an
independent source, provided that the independent source is a
local study supported by a data base adequate for the
conclusions contained in such study performed pursuant to a
generally accepted methodology and based upon generally
accepted standard sources of information relating to facilities
planning, cost analysis and demographics.
C. If a previously approved Correctional Facilities
Impact Construction project submitted, during its approval
process, an Alternative Correctional Facility Impact Study
substantially consistent with the criteria required by this
Section, and if such study is determined by the Board to be
current, the Correctional Facilities System impact of such
previously approved Correctional Facilities Impact Construction
shall be presumed to be as described in the prior study. In
such circumstances, an Alternative Correctional Facilities
Impact Fee shall be established reflecting the impact described
in the prior study. There shall be a rebuttable presumption
that an Alternative Correctional Facility Impact Study
conducted more than two years earlier is invalid.
D. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the
Alternative Correctional Facilities Impact Fee complies with
the requirements of this Section and that the Alternative
Correctional Facilities Impact Fee was calculated by the use of
a generally accepted methodology, the Alternative Correctional
Facilities Impact Fee shall be paid in lieu of the fee set
forth in Section 2.01.
E. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the
Alternative Correctional Facilities Impact Fee does not comply
with the requirements of this Section or that the Alternative
Correctional Facilities Impact Fee was not calculated by a
generally accepted methodology, then the County shall provide
to the Applicant by certified mail, return receipt requested,
written notification of the rejection of the Alternative
Correctional Facilities Impact Fee and the reason therefor.
F. The decision of the Board shall be in writing and
issued within ten (10) working days of the review.
G. Any Applicant or Owner who has submitted a proposed
Alternative Correctional Facilities Impact Fee pursuant to this
Section and desires the immediate issuance of a Building Permit
shall pay prior to or at the time the request for hearing is
filed the applicable Correctional Facilities Impact Fee
pursuant to Section 2.01. Said payment shall be deemed paid
under "Protest" and shall not be construed as a waiver of any
right of review. Any difference between the amount paid and
the amount due, as determined by the Board, shall be refunded
to the Applicant or Owner.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01. Exemptions.
A. The following shall be exempted from payment of the
Impact Fees:
1. Alterations or replacement of a Dwelling Unit or
Building with a new Dwelling Unit or Building of the same
size or use and which will not increase the square footage
associated therewith.
2. The construction of publicly owned Residential
housing.
3. The issuance of a tie-down permit on a Mobile
Home on which applicable Correctional Facilities Impact
Fees have previously been paid.
Section 3.02. Changes of Size and Use.
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Impact Fees shall be imposed and calculated for the
alteration, expansion or replacement of a Building or Dwelling
Unit or the construction of an Accessory Building if the
alteration, expansion or replacement of the Building or
Dwelling Unit or the construction of an Accessory Building
results in a land use determined to: (1) increase the number of
Dwelling Units; (2) increase the square footage; or (3) change
the land use so as to constitute a different Impact Fee land
use category. The Impact Fee imposed under the applicable
Impact Fee Rate shall be calculated as follows:
a. If the Impact Fees are calculated on land use and
not square footage, the Impact Fees imposed shall be the
impact Fees due under the applicable Impact Fee Rate for
the Impact Fee land use category resulting from the
alteration, expansion or replacement less the Impact
Fee that would be imposed under the applicable Impact Fee
Rate for the Impact Fee land use category prior to the
alteration, expansion or replacement.
b. In the event the square footage of a Building is
increased, the Impact Fee shall be calculated only for that
increased square footage.
c. The Impact Fee imposed for any Accessory
Buildings shall be that applicable under the Impact Fee
Rate for the land use for the primary building.
Section 3.03. Vested Rights.
A. Any Owner of land which was the subject of a
development order prior to the effective date of this Ordinance
may petition the Board for a Vested Rights determination which
would exempt the landowner from the provisions of this
Ordinance. Such petition shall be evaluated by the County
Attorney and a decision made based on the following criteria:
1. The existence of a valid, unexpired governmental
act of the County authorizing the specific development for
which a determination is sought;
2. Expenditures or obligations made or incurred in
reliance upon the authorizing governmental act that are
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reasonably equivalent to the fees required by this
Ordinance;
3. Other factors that demonstrate it is inequitable
to deny the Petitioner the opportunity to complete the
previously approved development under the conditions of
approval by requiring the Petitioners to comply with the
requirements of this Ordinance. For the purposes of this
paragraph, the following factors shall be considered in
determining whether it is inequitable to deny the
Petitioner the opportunity to complete the previously
approved development:
(a) Whether the injury suffered by the
Petitioner outweighs the public cost of allowing the
development to go forward without payment of the
Impact Fee required by this Ordinance; and
(b) Whether the expenses or obligations for the
development were made or incurred subsequent to the
effective date of this Ordinance.
B. The County Attorney shall make a written determination
as to whether the Owner has established a vested right in the
Correctional Facilities Impact Construction and, if so, whether
the development would exempt the Owner from the provisions of
this Ordinance.
C. Any Owner aggrieved by a decision of the County
Attorney pursuant to this Section may request a review hearing
on such decision pursuant to Section 3.07.
Section 3.04. Affordable Housing.
A. Pursuant to the guidelines established in this
Section, the County shall (1) waive or (2) defer, as
applicable, the payment of the Impact Fee for any new
owner-occupied or rental Correctional Facilities Impact
Construction which qualifies as Affordable Housing under
Appendix B of this Ordinance.
(1) Any person seeking an Affordable Housing waiver
or deferral for proposed Correctional Facilities Impact
Construction shall file with the County Manager an
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Application for waiver or deferral, prior to receiving a
Building Permit for the proposed Correctional Facilities
Impact Construction. The Application for waiver or
deferral shall contain the following:
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Correctional Facilities Impact
Construction shall be constructed;
(c) The income level of the Owner or if the
Owner is a builder, the income level of the household
to which the Dwelling Unit will be sold or rented;
(d) The number of bedrooms in each Dwelling
Unit of the Correctional Facilities Impact
Construction.
(2) If the proposed Correctional Facilities Impact
Construction meets the requirements for an Affordable
Housing waiver or deferral as set forth in this Section,
then the County Manager shall issue an Impact Fee waiver or
deferral, as applicable, to the Owner or Applicant. The
Impact Fee waiver or deferral shall be presented in lieu of
payment of the Impact Fee pursuant to Section 2.02.
B. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
(1) The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
level, at the time of issuance of the Impact Fee waiver or
deferral, as those terms are defined in Appendix B, and the
monthly payment to purchase the unit must be within the
Affordable Housing guidelines established in Appendix B. A
Dwelling Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effect at the date of
issuance of the Impact Fee waiver or deferral or within
thirty (30) days thereof, and within twenty-four (24)
months from the date of issuance of the certificate of
occupancy or the execution of the lease-purchase agreement,
whichever is later, the option to purchase is exercised and
the purchaser takes ownership of the Dwelling Unit. If the
purchaser fails to purchase the Dwelling Unit within the
twenty-four (24) month period, then the waived or deferred
Impact Fee must be immediately repaid unless the Dwelling
Unit is sold to another qualifying Owner.
(2) The Owner, or if there is more than one Owner,
one of the Owners, must be a first-time home buyer. To
qualify as a first-time home buyer, the Owner must not have
had an ownership interest in his/her primary residence in
the past three (3) years.
(3) The Dwelling Unit must be the homestead of the
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the
Impact Fee is repaid to the County.
C. To qualify for an Impact Fee deferral, a Dwelling
Unit offered for rent must meet all of the following criteria:
(1) The household renting the Dwelling Unit must
have a very low or low income level, at the commencement of
the leasehold and during the duration thereof, as those
terms are defined in Appendix B and the amount of rent must
be within the Affordable Housing guidelines established in
Appendix B.
(2) The Dwelling Unit must be the household's
permanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Units at the time the Building Permit was issued shall become
due and payable and shall be immediately repaid to the County
upon the sale of the Dwelling Unit to a non-qualified
purchaser; provided, however, if the Impact Fee deferral was
paid with State Housing Initiatives Partnership [SHIP] Program
funds, repayment will be made to the Collier County affordable
housing trust fund. For purposes of this Section 3.04, a
non-qualified purchaser is a Person who does not satisfy the
A9
Affordable Housing criteria set forth in subsection B above or
a Person who does not agree to the terms of the waiver or
deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
shall be immediately repaid to the County upon the
discontinuance of use of the Dwelling Unit as Affordable
Housing or fifteen (15) years from the date of issuance of the
certificate of occupancy, whichever occurs first.
F. Any Impact Fees waived for an owner-occupied Dwelling
Unit at the time a Building Permit was issued shall become due
and payable and shall be immediately repaid to the County if
the Dwelling Unit is sold or transferred to a non-qualified
purchaser during the fifteen (15) year period after the
certificate of occupancy is issued for the Dwelling Unit. If
the Impact Fee waiver was paid with State Housing Initiatives
Partnership [SHIP] Program funds, repayment will be made to the
Collier County affordable housing trust fund. If the Dwelling
Unit is used as Affordable Housing in compliance with Section
3.04 of this Ordinance for fifteen (15) years after the date
the certificate of occupancy is issued for the Dwelling Unit,
the Impact Fees are no longer due and the lien on the Dwelling
Unit shall be released.
G. The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an
owner-occupied or rental Affordable Housing Dwelling Unit shall
be the percentage set forth in Appendix B. The Impact Fees
waived or deferred shall be a lien on the property until all
requirements under this Section have been satisfied.
H. (1) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of compliance
with the criteria set forth in this Section. An affidavit must
be filed within thirty (30) days of the anniversary date of the
issuance of a certificate of occupancy. If the income of any
unit renter which originally qualified as very low or low
income level as defined in Appendix B exceeds the Affordable
20
Housing benefit standards set forth in Appendix B by more than
forty percent (40%), then the deferred Impact Fee shall become
immediately due and payable by the Owner or, in the
alternative, the Owner shall have ninety (90) days to comply
with the Affordable Housing standards set forth in Appendix B.
(2) If the household income of the qualified
owner-occupied Dwelling Unit rises above the benefit standards
for waivers and deferrals set forth in Appendix B, the Owner
shall maintain the waiver and/or deferral. Notwithstanding the
foregoing, all outstanding Impact Fees waived or deferred shall
be repaid in full upon sale or transfer of the Dwelling Unit to
a non-qualified purchaser, except for waived Impact Fees where
the Owner has complied with the Affordable Housing criteria set
forth in Section 3.04 for fifteen (15) years after issuance of
the certificate of occupancy.
I. The Owner receiving an Impact Fee waiver or deferral
shall enter into an impact fee agreement with the County which
agreement shall provide for, at a minimum, the following and
shall further include such provisions deemed necessary by the
Board to effectuate the provisions of this Section:
(1) The legal description of the Dwelling Unit.
(2) Where an Impact Fee waiver or deferral is given
to an Owner who will be selling or renting the Dwelling
Unit to a subsequent purchaser or renter, the Correctional
Facilities Impact Construction must be sold or rented to
households meeting the criteria set forth in this Section
in order to maintain the waiver or deferral. Impact Fee
waivers or deferrals paid for with State Housing
Initiatives Partnership [SHIP] Program funds will only be
granted directly to buyers meeting Appendix B
qualifications and approval prior to Building Permit
issuance. A Dwelling Unit shall qualify as owner-occupied
if a lease-purchase agreement is in effect at the date of
issuance of the Impact Fee waiver or deferral or within
thirty days thereof, and within twenty-four (24) months
from the date of issuance of the certificate of occupancy
or the execution of the lease-purchase agreement, whichever
is later, the option to purchase is exercised and the
purchaser takes ownership of the Dwelling Unit. If the
purchaser fails to purchase the Dwelling Unit within the
twenty-four (24) month period, then the waived or deferred
Impact Fee must be repaid immediately unless the Dwelling
Unit is sold to another qualifying Owner.
(3) For owner-occupied Dwelling Units, the amount of
Impact Fees deferred shall be repaid to~the County upon the
sale or transfer to a non-qualified purchaser. If Impact
Fees were paid with State Housing Initiatives Partnership
[SHIP] Program funds, repayment will be made to the Collier
County Affordable Housing Trust Fund. For rental units,
the Impact Fees deferred shall be repaid upon the
discontinuance of use of the Dwelling Unit as Affordable
Housing or fifteen (15) years from the issuance of a
certificate of occupancy, whichever occurs first.
(4) For owner-occupied Dwelling Units where Impact
Fees have been waived, the Dwelling Unit must be utilized
by the original qualifying Owner, or subsequent qualifying
purchaser, as Affordable Housing in compliance with Section
3.04 of this Ordinance for a fifteen (15) year period after
the certificate of occupancy is issued and if the Dwelling
Unit is sold to a non-qualifying purchaser, the Impact Fees
shall be repaid to the County. If Impact Fees were paid
with State Housing Initiatives Partnership [SHIP] Program
funds, repayment will be made to the Collier County
affordable housing trust fund.
(5) The deferred and/or waived Impact Fees shall be
a lien on the property which lien may be foreclosed upon in
the event of non-compliance with the requirements of the
agreement. The agreement described herein shall operate as
a lien against the Dwelling Unit. The lien shall terminate
upon the recording of a release or satisfaction of lien in
the public records of Collier County. In the case of a
waiver, such release or satisfaction shall be filed fifteen
22
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or
upon repayment. In the case of a deferral, such release
shall be recorded upon repayment.
(6) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of
compliance with the criteria set forth in this Section. An
affidavit must be filed within thirty (30) days of the
anniversary date of the issuance of a certificate of
occupancy. If the income of any unit tenter which
originally qualified as very low or low income level as
defined in Appendix B exceeds the Affordable Housing
benefit standards set forth in Appendix B by more than
forty percent (40%), then the deferred Impact Fee shall
become immediately due and payable by the Owner or, in the
alternative, the Owner shall have ninety (90) days to
comply with the Affordable Housing standards set forth in
Appendix B.
(7) Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited
to, a release of lien.
(8} In the event the Owner is in default under this
agreement, and the default is not cured within thirty (30)
days after written notice is provided to the Owner, the
Board may bring a civil action to enforce the agreement.
The Board shall be entitled to recover all fees and costs,
including attorney's fees and costs, incurred by the Board
in enforcing this agreement, plus interest at the statutory
rate for judgments calculated on a calendar day basis until
paid.
(9) The agreement shall be binding upon the Owner's
successors and assigns.
(10) The agreement shall be recorded in the Official
Records of Collier County.
J. The amount of Impact Fee waivers and deferrals granted
pursuant to this Section shall be limited, in total, to the
amount appropriated by the Board at its final public hearing
regarding the adoption of the annual County budget and the
amount allocated to Impact Fee waivers or deferrals in the
Collier County Housing Assistance Plan, as established by
County Ordinance No. 93-19. All Impact Fees waived or deferred
shall be paid by the Board into the appropriate Correctional
Facilities Impact Fee Trust Account within six (6) years from
the date of the award of a waiver and/or deferral as provided
herein, but in no event, later than that time when that amount
is needed for a project funded by those Impact Fees waived or
deferred. The Board shall pay into the appropriate
Correctional Facilities Impact Fee Trust Account such amounts
equal to any Impact Fees previously waived or deferred by the
Board, within six (6) years from the date of such waiver, or
deferral, but in no event, later than the time such amounts are
needed for a project funded by those Impact Fees waived or
deferred. Waivers and deferrals shall be issued in the order
that completed qualifying applications are received by the
County Manager. At least forty percent (40%) of the amount
budgeted for Impact Fee waivers and/or deferrals must be
utilized to fund Impact Fee waivers and/or deferrals for single
family owner-occupied Dwelling Units serving the very low and
low income levels.
K. Any changes or amendments to Appendix B or the minimum
funding requirements adopted in this Section must occur as an
ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or deferral shall be
granted for a Correctional Facilities Impact Construction
project which consists of a Mobile Home.
M. Notwithstanding any provisions elsewhere in this
Ordinance to the contrary, any Owner that develops an
Affordable Housing rental apartment complex consisting in whole
or part of Dwelling Units serving very low and/or low income
levels and meeting all requirements, and subject to all
conditions, of Section 3.04 shall be entitled to defer one
hundred percent (100%) of the Impact Fees applicable only to
such rental Dwelling Units serving very low and/or low income
levels if: (i) all such deferred Impact Fees are paid on or
before the end of six (6) years from the date such Impact Fees
are deferred; and (ii) the rental apartment development shall
remain Affordable Housing qualified (under Section 3.04 of this
Ordinance) for a minimum of 15 years.
N. The Board, in its discretion, may agree by Resolution
to subordinate its lien for Impact Fees to a primary lender
and/or government funded affordable housing loan such as SAIL
or HOME loan if Owner can demonstrate that a subordination is
necessary to obtain financing and, in the case of rental
Dwelling Units, if the Owner provides additional security
satisfactory to the County such as additional or substitute
collateral in the form of cash or cash equivalent financial
instruments which will yield the full amount of the deferred
impact fees at the expiration of the period of the deferral.
Section 3.05. Alternative Collection Method.
In the event the Correctional Facilities Impact Fee are not
paid prior to the issuance of a Building Permit for the
affected Correctional Facilities Impact Construction, the
County shall proceed to collect the Correctional Facilities
Impact Fee as follows:
A. The County shall serve, by certified mail, return
receipt requested, a "Notice of Impact Fee Statement" upon the
Applicant at the address set forth in the application for
Building Permit, and the Owner at the address appearing on the
most recent records maintained by the Property Appraiser of the
County. The County shall also attach a copy of the "Notice of
Impact Fee Statement" to the Building Permit posted at the
affected Correctional Facilities Impact Construction site if
the Building is under construction. Service shall be deemed
effective on the date the return receipt indicates the notice
was received by either the Applicant or the Owner or the date
said notice was attached to the Building Permit, whichever
occurs first. The "Notice of Impact Fee Statement" shall
contain the legal description of the property and shall advise
the Applicant and the Owner as follows:
1. The amount due and the general purpose for which
the Correctional Facilities Impact Fee was imposed;
2. That a hearing pursuant to Section 3.07 may be
requested within 30 calendar days from the effective date
of service of the Notice of Impact Fee Statement, by making
application to the Office of the County Manager.
3. That the Correctional Facilities Impact Fee
shall be delinquent if not paid and received by the County
within 30 calendar days of the effective date of service of
the Notice of Impact Fee Statement, excluding the date of
receipt or if a hearing is not requested pursuant to
Section 3.07, and, upon becoming delinquent, shall be
subject to the imposition of a delinquent fee and interest
on the unpaid amount until paid; and
4. That in the event the Correctional Facilities
Impact Fee become delinquent, a lien against the property
for which the Building Permit was secured shall be recorded
in the Official Records Book of the County.
B. The Correctional Facilities Impact Fee shall be
delinquent if, within 30 calendar days from the effective date
of service of the Notice of Impact Fee Statement, neither the
Impact Fees have been paid and received by the County, nor a
hearing is requested pursuant to Section 3.07. In the event a
hearing is requested pursuant to Section 3.07, the Impact Fees
shall become delinquent if not paid within 30 days from the
date the Board determines the amount of Impact Fees due upon
the conclusion of such hearing. All time periods contained
within this Ordinance shall be calculated on a calendar day
basis, including Sundays and legal holidays, but excluding the
effective date of service of the Notice of Impact Fee
Statement, or the date of the Board's decision in the event of
an appeal. In the event the due date falls on a Sunday or
legal holiday, the last due date prior to becoming delinquent,
shall be the next business day. Upon becoming delinquent, a
delinquency fee equal to 10% of the total Impact Fee imposed
shall be assessed. Such total Impact Fee, plus delinquency
fee, shall bear interest at the statutory rate for final
Judgments calculated on a calendar day basis, until paid.
C. Should the Correctional Facilities Impact Fee become
delinquent as set forth in Subsection B, the County shall
serve, by certified mail return receipt requested, a "Notice of
Lien" upon the delinquent Applicant, if the Building is under
construction at the address indicated in the application for
the Building Permit, and upon the delinquent Owner at the
address appearing on the most recent records maintained by the
Property Appraiser of the County. The Notice of Lien shall
notify the delinquent Applicant and delinquent Owner that due
to their failure to pay the Correctional Facilities Impact Fee,
the County shall file a Claim of Lien with the Clerk of the
Circuit Court.
D. Upon the mailing of the Notice of Lien, the County
Attorney shall file a Claim of Lien with the Clerk of the
Circuit Court for recording in the Official Records of the
County. The Claim of Lien shall contain the legal description
of the property, the amount of the delinquent Impact Fee and
the date of its imposition. Once recorded, the Claim of Lien
shall constitute a lien against the property described therein.
The County Attorney shall proceed expeditiously to collect,
foreclose or otherwise enforce said lien.
E. After the expiration of one year from the date of
recording of the Claim of Lien, as provided herein, a suit may
be filed to foreclose said lien. Such foreclosure proceedings
shall be instituted, conducted and enforced in conformity with
the procedures for the foreclosure of municipal special
assessment liens, as set forth in Chapter 173, Florida
Statutes, which provisions are hereby incorporated herein in
their entirety to the same extent as if such provisions were
set forth herein verbatim.
F. The liens for delinquent Impact Fees imposed hereunder
shall remain liens, coequal with the lien of all state, county,
district and municipal taxes, superior in dignity to all other
filed liens and claims, until paid as provided herein.
G. The collection and enforcement procedures set forth in
the Section shall be cumulative with, supplemental to and in
addition to, all other applicable procedures provided in any
other ordinances or administrative regulations of the County or
any applicable law or administrative regulation of the State of
Florida. Failure of the County to follow the procedure set
forth in this Section shall not constitute a waiver of its
rights to proceed under any other ordinances or administrative
regulations of the County or any applicable law or
administrative regulation of the State of Florida.
Section 3.06. Developer Contribution Credit.
A. The County shall grant a credit against the
Correctional Facilities Impact Fee imposed pursuant to Section
2.01, for the construction of any building facilities or
improvements and additions thereto made to the Correctional
Facilities System required pursuant to a development order or
made voluntarily in connection with Correctional Facilities
Impact Construction. Such construction shall be subject to the
approval of the Board and shall be an integral part of and a
necessary accommodation to an existing or contemplated
Correctional Facilities System.
B. The amount of Developer Contribution Credit to be
applied shall be determined at the time that the Correctional
Facilities Impact Fee is paid according to the following
standards of valuation: The cost of anticipated construction
to the Correctional Facilities System shall be based upon
professional opinions of probable cost certified by a
professional architect or engineer.
C. Prior to issuance of a building permit, the Applicant
shall submit to the County Manager a proposed plan and estimate
of costs for contributions to the Correctional Facilities
System. The proposed plan and estimate shall include:
1. A designation of the Correctional Facilities
Impact Construction for which the proposed plan
is being submitted;
2. A list of the contemplated Correctional
Facilities System improvements contained within
the plan;
3.An estimate of proposed construction costs
certified by a professional architect or
engineer; and
4. A proposed time schedule for completion of the
proposed plan.
D. Upon receipt of the proposed plan, the County Manager
shall schedule a hearing before the Board at a regularly
scheduled meeting or a special meeting called for the purpose
of reviewing the proposed plan and shall provide the Applicant
or Owner written notice of the time and place of the hearing.
Such hearing shall be held within thirty (30) days of the date
the proposed plan was submitted.
E. The Board shall determine:
1. If such proposed plan of construction is in
conformity with contemplated Correctional
Facilities additions to the Correctional
Facilities System;
2. If the proposed plan is consistent with the
public interest; and
3. If the proposed construction time schedule for
the completion of the plan is consistent with the
County's capital improvement program for the
Correctional Facilities System.
The decision of the Board as to whether to accept the
proposed plan of construction shall be in writing and
issued within ten (10) working days of the review. A
copy shall be provided to the Applicant. Upon
approval of a proposed plan of construction, the Board
shall determine the amount of construction credit
29
based upon the above standards of valuation and shall
approve the timetable for completion of construction.
F. All construction cost estimates shall be based upon,
and all construction plans and specifications shall be in
conformity with the correctional facilities construction
standards of the County. All plans and specifications shall be
approved by the County Manager prior to commencement of
construction.
G. Any Developer Contribution Credit granted from the
Correctional Facilities Impact Fee shall only be for those
donations or contributions' made to a Correctional Facilities
System.
H. Any Applicant who submits a proposed plan pursuant to
this Section and desires the immediate issuance of a Building
Permit shall pay prior to or at the time the request for
hearing is filed the applicable Correctional Facilities Impact
Fee. Said pa~nnent shall be deemed paid under "Protest" and
shall not be construed as a waiver of any review rights. Any
difference between the amount paid and the amount due, as
determined by the Board, shall be refunded to the Applicant or
Owner.
I. In the event the amount of developer contribution
determined to be applicable by the Board pursuant to an
approved plan of construction exceeds the total amount of
Impact Fees due by the Applicant based upon the contemplated
improvements to the Correctional Facilities System proposed by
the Applicant, the County shall execute with the Applicant an
agreement for future reimbursement of the excess of such
contribution credit from future receipts by the County of
Correctional Facilities Impact Fees. Such agreement of
reimbursement shall not be for a period in excess of five years
from the date of completion of the approved plan of
construction and shall provide for a forfeiture of any
remaining reimbursement balance at the end of such five year
period.
30
Section 3.07. Review Hearings.
A. An Applicant or Owner who is required to pay a
Correctional Facilities Impact Fee, 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 Correctional Facilities
Impact Construction pursuant to Section 2.01.
2. A Vested Rights determination under Section 3.03.
3. The denial of an Affordable Waiver or
Authorization for Deferral pursuant to Section
3.04.
C. Such hearing shall be requested by the Applicant or
Owner within thirty (30) days of the date of first receipt of
the following:
1. Notice of Impact Fee Statement;
2. A Vested Rights determination;
3. The denial of an Affordable Housing Waiver or
Authorization for Deferral.
Failure to request a hearing within the time provided shall be
deemed a waiver of such right.
D. The request for hearing shall be filed with the Office
of County Manager and shall contain the following:
1. The name and address of the Applicant or Owner;
2. The legal description of the property in
question;
3. If issued, the date the Building Permit was
issued;
4. A brief description of the nature of the
construction being undertaken pursuant to the
Building Permit;
5. If paid, the date the Correctional Facilities
Impact Fee was paid; and
6. A statement of the reasons why the Applicant or
Owner is requesting the hearing.
31
E. Upon receipt of such request, the County Manager shall
schedule a hearing before the Board at the regularly scheduled
meeting or a special meeting called for the purpose of
conducting the hearing and shall provide the Applicant or Owner
written notice of the time and place of the hearing. Such
hearing shall be held within forty-five (45) days of the date
the request for hearing was filed.
F. Such hearing shall be before the Board and shall be
conducted in a manner designed to obtain all information and
evidence relevant to the requested hearing. Formal rules of
civil procedure and evidence shall not be applicable; however,
the hearing shall be conducted in a fair and impartial manner
with each party having an opportunity to be heard and to
present information and evidence.
G. Any Applicant or Owner who requests a hearing pursuant
to this Section and desires the immediate issuance of a
Building Permit, or if a Building permit has been issued
without the payment of the Correctional Facilities Impact Fee,
shall pay prior to or at the. time the request for hearing is
filed the applicable Impact Fees pursuant to Sections 2.01.
Said payment shall be deemed paid under "Protest" and shall not
be construed as a waiver of any review rights.
H. An Applicant or Owner may request a hearing under this
Section without paying the applicable Impact Fee but no
Building Permit shall be issued until such Impact Fees are paid
in the amount initially calculated or the amount approved upon
completion of the review provided in this Section.
Section 3.08. Review Requirement.
A. This Ordinance and the Impact Fee Study shall be
reviewed by the Board initially in connection with its approval
of the capital improvements element of its Comprehensive Plan
as required by Section 163.3177, Florida Statutes. Thereafter,
this Ordinance and the Impact Fee Study shall be reviewed at
least every three years. The initial and each review shall
consider new estimates of population and other socioeconomic
data; changes in construction, land acquisition and related
32
costs and adjustments to the assumptions, conclusions or
findings set forth in the study adopted by Section 1.04. The
purpose of this review is to evaluate and revise, if necessary,
the Correctional Facilities Impact Fee to assure that they do
not exceed the reasonably anticipated costs associated with the
improvements and additions necessary to offset the demand
generated by the Correctional Facilities Impact Construction
on the Correctional Facilities System. In the event the review
of the Ordinance required by this Section alters or changes the
assumptions, conclusions and findings of the study adopted by
reference in Section 1.04, revises or changes the Correctional
Facilities System or alters or changes the amount of Impact
Fees, the study adopted by reference in Section 1.04 shall be
amended and updated to reflect the assumptions, conclusions and
findings of such reviews and Section 1.04 shall be amended to
adopt by reference such updated studies.
B. Simultaneous with the review of the Impact Fee Study
required in Subsection A of this Section, the Board shall
review the capital improvements element of the availability and
adequacy of revenue sources to construct improvements and
additions to the Correctional Facilities System determined in
the Impact Fee Study to be required to accommodate existing
development.
Section 3.09. Declaration of Exclusion from Administrative
Procedures Act.
Nothing contained in this Ordinance shall be construed or
interpreted to include the County or any municipality in the
County in the definition of Agency contained in Section 120.52,
Florida Statutes, or to otherwise subject the county or any
municipality in the County to the application of the
Administrative Procedures Act, Chapter 120, Florida Statutes.
This declaration of intent and exclusion shall apply to all
proceedings taken as a result of or pursuant to this Ordinance
including specifically, but not limited to, consideration of a
petition for Vested Rights determination under Section 3.03, a
determination of entitlement to an Impact Fee Waiver or
33
Authorization for Deferral pursuant to Section 3.04, and a
review hearing under Section 3.07.
Section 3.10. Inclusion in Code o~ Laws and Ordinances.
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinances may be tenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
Section 3.11. 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 Correctional Facilities Impact Fee within municipal areas
or that the imposition of the Impact Fees within municipal
areas is declared invalid or unconstitutional for any purpose,
such declaration of unconstitutionality or invalidity shall not
affect the validity or constitutionality of the imposition of
the Correctional Facilities Impact Fee in the unincorporated
area of the County and it is the intent of the County, in such
event, that such imposition of Impact Fees in the
unincorporated areas remain valid and in force.
34
Section 3.12. Effective Date.
This Ordinance shall be effective upon filing with the
Department of State.
DULY ADOPTED in regular session, this~G~ day of
~e_ , 1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
~,.
' : .... Th}s ordima.ce {lied wi~h ~e
Secreta~ of State's Office the
Approved as ~o form and ~a~ o~,/~
legal sufficiency: a.a ackmo~dgeme.~ of ~ha~
{ili.~ received ,his~ ~i
35
Option 2.
Appendix A
IMPACT FEE RATES
CORRECTIONAL FACILITIES IMPACT FEE
Residential:
117.98 per dwelling unit
Non-Residentiah
Lodging:
Hotel/Motel 0.2340 per square foot
Nursing Home/Inst 0.0390 per square foot
Misc. Residential 0.3237 per square foot
Medical:
Hospital 0.4914 per square foot
Commercial:
Office 1.3260 per square foot
Retail 1.0920 per square foot
Rest./Bar/Lounge 1.7043 per square foot
I ndustrial/Manuf. 0.0312 per square foot
Leisure/Outdoor 0.5616 per square foot
Other Misc. 1.4664 per square foot
Institutions:
Church 0.1170 per square foot
School/Col lege 0.1599 per square foot
Govt./Public Bldgs 0.6708 per square foot
AFFORDABLE HOUSING DEFINITIONS. BENEFIT
STANDARDS. AND LIMITATIONS
The following set forth the applicable definitions and benefit standards for Affordable
Housing Dwelling Units for the purpose of determining eligibility for Impact Fee waivers
and deferrals (herein referred to as "benefits"). ,
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
a) Very low income families means those families whose incomes do not
exceed fifty percent (50%) of the median income for the area as determined by the
Secretary of the U.S. Department of Housing and Urban Development (area median
income).
b) Low income families means those families whose incomes are more
than fifty percent (50%) and do not exceed sixty percent (60%) of the area median income
as determined by the Secretary of the U.S. Department of Housing and Urban
Development (area median income).
c) Moderate income families means those families whose incomes are
more than sixty percent (60%) and do not exceed eighty percent (60%) of the area median
income as determined by the Secretary of the U.S. Department of Housing and Urban
Development (area median income).
For a Dwelling Unit to be determined to be affordable, the monthly rent or
monthly mortgage payment, including property taxes and insurance shall not be in excess
of thirty percent (30%) of the families household income. In no instance will rental limits
exceed the rental limits established by the Florida Housing Finance Agency for rents
adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low
Income Housing Tax Credit Program based on unit size.
II. BENEFIT STANDARDS
a) Affordable Housing owner-occupied Dwelling Units which exclusively
serve very low income families and which are the owner's homestead shall have one
hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms of the
Impact Fee Ordinance.
b) Affordable Housing rental Dwelling Units which exclusively serve very
low income families shall have one hundred percent (100%) of the applicable Impact Fee
deferred pursuant to the terms of the Impact Fee Ordinance.
c) Affordable Housing owner-occupied Dwelling Units which exclusively
serve low-income families and which are the owners homestead shall have fifty percent
(50%) of the applicable Impact Fees waived and have fifty percent (50%) of the applicable
Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance.
d) Affordable Housing rental Dwelling Units which exclusively serve low
income families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have
fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the
Impact Fee Ordinance.
e) Affordable Housing owner-occupied Dwelling Units which exclusively
serve moderate income families and which are the owners homestead shall be required to
pay twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five
percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact
Fee Ordinance.
f) Correctional Facilities Impact Construction which meets the criteria set
forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier County or
37
by an Independent Governmental Agency pursuant to an intedocal agreement with Collier
County and which construction is one hundred percent (100%) government funded shall
have one hundred percent (100%) of the Impact Fees for that construction waived,
pursuant to the terms of the Impact Fee Ordinance.
NOTE: An Amendment to the Appendix shall require a public hearing of the Board of
County Commissioners occurring after 5:00 p.m.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-52
Which was adopted by the Board of County Commissioners on the
22nd day of June, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd day of June,
1999.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board of
.
,,~.
By: Lisa Steele, ~-~;~
Deputy Clerk =='~