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Ordinance 92-029 ORDINANCE NO. 92- 29 ~ AN ORDINANCE AMENDING COLLIER COUNTY '.' ORDINANCE NO 88-96, AS AMENDED BY ORDINANCE NO. 91-39, RELATING TO COLLIER. COUNTY PARKS AND RECREATIONAL FACILITIES ~~ IMPACT FEE ORDINANCE; PROVIDING FOR ~ :~ ~ . MODIFICATION OF PARTICULAR DEFINITIONS; PROVIDING FOR ADDITIONAL USE OF TRUST FUND · MONIES; PROVIDING FOR CONFLICT AND .-,., r< .'~ ['~'~ SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. .:"~' " WHEREAS, the Board of County Commissioners of Collier County on December 13, 1988, enacted Collier County Ordinanc, No. 88-96, establishing a Parks and R,creationul Facilities Impact Fee; and WHEREAS, the Board of County Commissioners of Collier County on May 22, 1991, enacted Collier County Ordinance No. 91-39, amending Ordinance No. 88-96, the Parks and Recreational Facilities Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier County desires to further amend the Ordinance in certain respects. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section 1.01 of Collier County Ordinance No. 88-96, as amended by Ordinance No. 91-39 Section 1.01 of Collier County Ordinance N~. 88-96,as amended, is hereby amended to read as follows: SECTION 1.01. Definitions When usud 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 o~ the principal Building or use of the land and whicb is located on the same lot as the principal Building. Words underlined are added; words s~ruck-~hreu~h are deleted. "Affordable Housing" shall mean a Dwelling Onit which izl offered for sale or rent for an amount which is within the standards set forth and established in Appendix I of this Ordinance. "Alternative Community Park I~pact Fee" shall mean any alternative fee calculated by the Applicant and approved by the Board Pursuant to Section 3.03. "Alternative Park= and R-creational Impact Fee Study" shall mean a study prepared by the Applicant and submitted to the County Manager pursuant to Sections 2.03 and 3.03. "Alternative Regional Park Impact Fee" shall mean any _.alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.03. "Apartment" means a rental Dwelling Unit located within the same Building as other Dwelling Units. ".Applicant" shall mean the Person who applies for a Building Permit. "Board" shall mean the Board of County Commissioners of Collier County, Florida. "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any Yehicles serving in any way the function of a Building. This term shall not include temporary construction sheds cr trailers erected to assist in construction and =~aintained 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" ·hall also include tie-down permits for those structures or Buildings, such as a mobile home, that do not require a Words underlined are added; words s~ruek-~hreugh are deleted. "Community Park" is a "drive-to" park designed to serve the needs of various neighborhoods constituting a community and are family recreational centers with programs and facilities for all age groups. "Community Park District" sha~l mean one of the three (3) districts located within the County which are described in Exhibits A, B and C, attached to this Ordinance and incorporated herein, end within which a separate Community Park ~mpact Fee io a~sessed. · '. "Community' Park Impact Fee" shall mean the fee imposed by the County pursuant to Section 3.01 or, if applicable, the Alternative Community Park Impact Fee. -"~omprehensive Plan" shall mean the comprehensive plan or. the County~adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. "Condominium" means'a single-family or time-sharing ownership unit that has at least one other similar unit 'within the same building structure. The term Condomini~ includes all fee simple or titled multi-unit ~tructures, including townhouses and duplexes. "County" shall mean Collier County, & political subdivision of the State of Florida. "County Attorney" shall mean the Person appointed by the Board of County Commissioners to serve as its counsel, or the designee of such Person. "County Manager" shall mean the chief administrative officer of the County, appointed by the Board of County Commissioners, or the designee of such Person. "County Park System" or "Park System" shall include all Community Parks and Regional Parks operated .by the County. "Dwelling Unit" shall mean a Building or portion of a Building designed for or whose primary purpose is for 057 309 Words underlined are added; words s~ruek-threu~h are deleted. residential occupancy, and which consists of one or moro rooms which are arranged, designed or used as living quarters for one or more persons. ~ .~Encumbered, shall mean monies committed by contract or purchase order'in a manner that%"obligates the County to expend'.'the.encumbered amount upon delivery of goods, rendering of services or th~ conveyance of real property provided by a vendor, supplier, contractor or Owner. "Impact Fee" shall mean collectively the RQgional Park Impact Fee and the'Co~u~unity Park Impact Fee. "Impact Fee Study" shall mean the study adopted pursuant to Section 1.04, as.amended and supplemented pursuant~to~Section 4.09. .... ~Local Government Comprehensive Planning and Land DevelopmentRegulation'Act" means the provisions of Part II,'Chapter 163,.Florida Statutes (1987), as amended or supplemented, or its successor in function. "Mobile Home"' means manufactured homes, trailers, campers or recreational vehicles. .. "Owner" shall mean the Person holding legal title to the real property upon which Parks and Recreational Facilities Impact Construction is to occur. "Parks and Recreation Director" shall mean the Person appointed by the Board or the County Manager to supervise the administration, operation and acquisition of the County Park System, or the designee of such Person. "Parks and Recreational Facilities Impact Construction" shall mean land development construction designed or intended to peri, it more Dwelling Units than the existing use of land. "Person" shall mean an individual, a corporation, partnership, an incorporated association, or any other similar entity. -4 - Words underlined are added; words s~u=k-~h=ou~h are deleted. "Regional Parks" are parks designed for diversified recreational and passive use by large numbers of people throughout the County. Such parks and facilities provide a variety'of recreational activities and serve an area of approximately 60 miles radius. Regional Parks shall includ~ sites where three ~3~ or more reaulation-size recreational faciliti,s are located and intended as a regional recreational complex for use by the uublic~ "RQsidential" means Apartments, Condominiums, Mobile Homes, Single-Family Detached Houses or Adult Congregate Living Facilities, as that term is defincd by Section 400.402, Florida Statutes. '' '."Single-Family Detached House" means a home on an SECTION TWO: Amendment to Section 2.02 of Collier County Ordinance No. 88-96, as amended by Ordinance No. Section 2.02 of Collier County Ordinance No. 88-96, as amended, is hereby amended to read as follows: Section 2.02.''Uss of Monies a. The Board hereby establishes a separate trust account for the Regional Park Impact Fees, to be desig- nated as the "Regional Park Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. Ail Regional Park Impact Fees shall be deposited into such trust account immedi- ately upon receipt. b. The monies deposited into the Regional Park Impact Fee Trust Account shall be used solely for the purpose of providing growth-necessitated capital im- provements and additions to the Regional Parks within the County, including, but not limited to: 1. Design and construction plan preparation; 2. Permitting and fees; Words underlined are added; words struck-th=such are deleted. 3. Land and materials acquisition, including any costs of acquisition or condemnation; ..... 4. Construction and design of improvements and ';~additions to Regional Parks; :."':r:"::~.:.' 5. Design and construction of new drainage 3.,-',.,facilities, required, by the construction of im- .provements and additions.to Regional Parks; 6. Relocating utilities required by the construction of improvemonts and addition~ to ....... Regional' Parks; 7. Landscaping; 8. Construction management an~ inspection; 9. Surveying, soils and material testing; · :. 10. Acquisition of capital equipment for Regional Parks; 11. Repayment of monies transferred or borrowed from any budgetary 'fund of the County subsequent to the adoption of this Ordinance, which were used to fund any of the growth-impacted improvements or additions as herein provided; 12. Payment of principal and interest, neces- sary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth-impacted improvements and additions to the Regional Parks subsequent to the adoption of this Ordinance; and 13. Reimbursement of excess Regional Park Impact Fees due an Applicant pursuant to Section 4.08 or Impact Fees paid on Affordable Housing pursuant to Section 4.05. 14. DesiGn and construction of roadway im- provements reGuired bv ReGional Park Facilitie~ 15. To the extent provided by law. reim- bursement or refund of costs incurred bv th~ Coun~ underline~ are added; words s~r~ek-~hre~h are deleted. in the preparation of any update to the Impact study adopted pursuant to Section 2,04 and anv amendments or supplements adopted pursuant to Sec%ion 4,09. and any other administrativ~ ~o~ts incurred by the County, Funds on. deposit in the Regional Park Impact Fee Trust Account shall not b~ used for any expenditure that would be classified as a maintenance ow repair expense, c. The monies depo~ited into tho Regional Park Impact Fee Trust Account shall b. used solely to finance improvements and additions to Regional parks required by growth as projected in the Impact Fee Study. d. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be depos- ited in the Regional Park Impact Fee Trust Account and used as provided herein.' e. The R~gional Park Impsct Fee collected pursuant to this Ordinance shall be returned to the then curren~ Owner of the property en-beha}~-e~-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 fees were paid. Refunds shall be made only in accordance with the following procedure: 1. The then current Owner must 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 Regional Park Impact Fee. 2. The petition for refund shall be.submitted to the Parks and.Recreation Director and shall contain: Words underlined are added; words s%~ck-~h~eu~h are deleted. a) A notarized sworn statement that the .Petitioner is the then current Owner of the .' prope=ty on-Beha~-e~-wh~ch-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 rmcorded de~d; and -~.-, -. d) A copy of the most recent ad valorem tax bill. 3. Within three (3) months from the date of receipt of.a petition for refund, the Parks and ..~...~Recreation~Director.will advise the Petitioner and the Board of the status of the Impact Fee rec~ested 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 th~ basis of the first fee in shall be the first fee out. SECTION T}{REE: Amendment to Section 3.02 of Collier County Ordinance No. 88-96, as amended by Ordinance No. 91-39 Section 3.02 of Collier County Ordinance No. 88-96, es amended, is hereby amended to read as follows: Section 3.02. Use of Monies a. The Board hereby establishes separate trust accounts for the Community Park Impact Fees, to be designated as the "Immokalee Community Park Impact Fee Trust Account, "Marco Community Park Impact Fee Trust Account, "and the "Naples and Urban Collier County Community Park Impact Fee Trust Account" which shall each be maintained separate and apart from all other accounts of the County. All Community Park Impact Fees shall be Words underlined are added; words s2ruek-~hre~h are deleted. deposited into the respective Community Park Impact Fee Trust Account immediately upon receipt. b. The' monies, deposited ·into the respective Community Park Impact Fee Trust Accounts shall be used solely for the purpose of providin~ growth-necessitated capital improvements and additions to the Community Parks within that Community Park District, including, but not limited to~ 1. Design and construction plan preparation; 2. Permitting and fees; 3. Land and materials acquisition, including any costs of acquisition or condemnation: 4. Construction and design of improvements and additions to. Community Parks; · 5. Design and construction of new drainage ~ facilities required by the construction of im- "-' provemsnts and additions to Community Parks; ,,.~ 6. Relocating utilities required by the construction of improvements and additions to Community Parks; 7. Landscaping; ~' 8. Construction management and inspection; ,.- 9. Surveying, soils and material testing; .. 10. Acquisition of capital equipment for Community Parks; 11. Repayment of monies transferred or borrowed from any budgetary fund of the County subsequent to the adoption of this Ordinance, which were used to fund growth-impacted improvements or additions as herein provided; iii;: 12. Payment of principal and interest, nsc- essary reserves and costs of issuance under any bonds ' or other indebtedness issued by the County to fund growth-impacted improvements and additions to Words underlined are added; words s~ruek-~hre~h are deleted. Community Parks subsequent to the adoption of this Ordinance; and 13. 'Reimbursement of excess Community Park ,:'.' Impact Fees'due an Applicant pursuant to Section 4.08 ~ ' :. or'Impact Fees paid oh"Affordable Housing pursuant to :. Ssction"4~05.' ,. 14..Design a~d construction of roadway improve- ~ ments required by Re~:na~-ena-Community Park " Facilities, 15, To the extent urovlded by law. reimburse~ " ment or refund of costs incurred ~y the County in the preparation of any update to the Imoact Fee Study ~; adooted pursuant'to Section 1.04 and any amendmentl '~ or'suDDlements adopted pursuant to ~ection 4.09, and any other administrative costs incurred by the. County, Funds on deposit in the respective Community Park Impact Fee ~rust Accounts shall not be used for any expenditure that would be' classified as a maintenance or repair expense. c. The money deposited into a Community Park Impact Fee Trust Account shall be used solely to provide improve- merits or additions to Community Parks within the Community Park District from which it was collected and which is required by growth as provided in the Impact Fee Study. d. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. Ail income derived from such investments shall be depos- / ired in the respective Community Park Impact Fee Trust Accounts and used as provided herein. i.~ e. The Community Park Impact Fee collected pursuant "'i to this Ordinance shall be returned to the then current Owner of the property en-beha~-o~-for which such fee was paid if such fees have not been expended or encumbered -lO- Words underlined are added; words e~r~ek-%hreuph are deleted. prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such fees were paid.. Refunds shall be made only in accordance with ~he following procedure: 1. The then current OwHsr must petition the Board for the refund prioF to the end of the fiscal year immediately ~ollowing the sixth anniversary of the date of the payment of the Community Park Impac~ Tee. 2. Th~ petition for refund shall be submitted to.the.Parks and. Recreation Director and shall. cpntain: ........ ~--~.__lla ...... A.notarizedsworn statement that the . '-.~__.=Petitionerl.is the. then current Owner.of. the.. _ property en-behe~f-e~-for which the Impact Fee was paid; b. A copy of the dated receipt issued for payment of such fee, or such other record as would, indicate payment of such fee; c. A certified copy of the latest recorded deed; and d. A copy of the most recent ad valorem tax bill. 3. Within three (3) months from the date of receipt of a petition for refund, the Parks and Recreation Director will advise the Petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then it shall be returned to the Petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. Words underlined are added; words s~uek-~hreu~h are deleted. SECTION FOUR: Conflict and Severability The provisions of this ordinance shall be liberally construe4 to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. If any section, phrase, sentence or portion oft this Ordinance is for any reason held invalid or unconstitutional by any court of competmnt Jurisdiction, such portien cheil bm dammed a smparatm, distinct and ind,pmndent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION FIVE: Effective Date This Ordinance shall become effective upon receipt of acknowledgment from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND' DULY ADOPTED. by the Board of County Commissioners of Collier County, Florida, this ~th day of May ., 1992. · .:.~ATT~ESTf':". BOARD OF COUNTY COM~ISSION~RS Clerk COLLIER CO~NTY, FLORIDA By: ° chairman Approved as to form and legal sufficiency: e. tory of.~tat,'$ Assistant County Attorney c ,'] OCkmOw!~ge~]~) fhOt -12- Words underlined are added; words s~ruek-~hrou~h are deleted. ~ STATE OF FLORIDA ) ~ COUNTY. OF COLLIER I0 ~AMES C. GILES, Clerk of Courts In and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: :t Ordinance No. 92-29 which was adopted by ~he Board of County Oo~issloners on the 6th day of May, 1992, during Special Session. ~. WITNESS my hand and ~he off~cial, seal of ~he Board of '~ County Oo~ies~oners of Collier County, Florida, ~his 7~h day of May, 1992. By: /s/Ellte ~offman '?~"~ ' Deputy Clerk