Ordinance 92-030 ORDINANCE NO. 92- 30
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE 91-71, RELATING TO THE COLLIER ,,~, ,
COUNTY EMERGENCY MEDICAL SERVICES SYSTEM r:'~'" ~ '
IMPACT FEE ORDINANCE; PROVIDING FOR '
MODIFICATION OF THE PAYMENT P~OVISIONS;
PROVIDING FOR DELETION OF PROVISIONS :,,~ ' "~
RELATING TO AFFORDABLE HOUSING; PROVIDING : '
FOR THE ADJUSTMENT TO APPENDIX "B" SCHEDULE
OF FEES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Comm{ssion~r~ of Collier
County on August 7, 1991, enacted Collier County Ozdinance N~.
91-71, establishing an Emergency Medical Services System Impact
Fee Ordinance; and
WHEREAS, the Board of County Commissioners of Collier
County desires to update 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 2.02 of Collier County Ordinance No. 91-71
Section 2.02 of Collier County Ordinance No. 91-71 is
hereby amended to read as follows:
Section 2.02. Payment
a. Except as otherwise provided in this Ordinance,
prior to the issuance of a Building Permit, an Applicant
shall pay the appropriate Emergency Medical Services
System Impact Fee as set forth in Section 2.01.
(1) If the Emergency Medical Services System
Impact Construction is located within the un-
incorporated area of the County, the Emergency
Medical Services System Impact Fee shall be paid
d~rectly to the County.
(2) If the Emergency Medical Services System
Impact Construction is located within a municipality
and the governing body of the municipality by
interlocal agreement or otherwise has agreed to
require payment of the Impact Fee as a condition of
Words ~ are added; words str. zk-%hreu~h are deleted.
the issuance by the municipality of a Building
Permit, then such Impact Fee shall be paid to the
City.
(3)' If the Emergency Medical Services System
Impact Construction is located' within a municipality
and the governing body of the municipality has not
agreed to require the payment of the Impact Fee
Statement as a condition of the issuance of a
Building Permit by the municipality, then the
Fuss shall be paid as provided in Section ].06.
b. The obligation for payment of the Emergency
Medical Services System Impact Fee shall run with the
land.
~, In the event that a Buildina Permit that was
issued for an Emeraencv Medical Services System Impact
Construction ex~ires prior to completion of the Emer~en~
Medical Services System impact Construqtion for which
was issued, the APPlicant may within ninety {90~ days of
th~ ewoiration of the Buildin~ Permit aDDIV for a refund
of the Emergency Medical Services System Impact Fee.
1~ The application for refund shall be file~
with the County Manager and contain the followin~:
a% The name and address of the APPlicant;
b~ The location of th~ property which was
the subject of the Buildin~ Permit:
c% The date the Emer~{~ncv Medical
Services System Impact Fee was Paid:
d~ A CODV of the receipt of payment for
the Emergency Medical Services System ImDac~
Fee: and
e~ The date the Buildin~ Permit
~ssued a~d the date of ex6iration.
21 After verifvin~ that the Buildin~ Permi~
has expired and that the Emergency Medical Servic~
Words under~ined are added; words s~ruek-thre~h are deleted.
SVstem ImDac= Construction has not be~n comDlete~.
the County ManaGer shall refund the Emergency Medical
services System Impact Fee Paid for such Emer~enc~
Medical Services System Impact Construction.
· 3~ ' A Buildina Permit w~l~h is ~ubse~uentl~
issued for an Emergency Medical Services System
Impact ConstructioB on the same D~oper%y which w~
~ho subject of a refund shall Day =he Emergency
~L~q~jar_V~.ces Svst.m Impact Foe as re~gired--b%~
SECTION TWO: Amendment to Section 3.05 of Collier County
Ordinance No. 91-71
Section 3,05 is hereby amended to read as follows:
Section 3.05. Affordable Housing
a. The County shall exempt from the payment of the
Emergency Medical Services System Impact Fea any new
-.-..~..... ~, . .-~., -.,..J ..L,~_ · ............
Emergency Medical Services System Impact Const~uct'~0n '-
which.qualifies as Affordable Housing and which new
'iZ&~e~&~"~&~i~ 's~i~S syStem'~mp~ct construction is
funded in whole or i~-~ii~'~'~;~i~ 'racaiv~d p~rs~ant to a
of Housing and Urban Development, or from any direct grant
:
or subsidy program of the State or County created to
assist in the construction of Affordable Housing.
(1) Any Person seeking an Affordable Housing
Exemption for proposed Emergency Medical Services
System Impact Construction shall file with the County
Manager an Application for Exemption prior to
receiving a Building Permit for the proposed
Emergency Medical Services System Impact
Construction. The Application for Exemption shall
contain the following:
(a) The name and address of the Owner;
(b) The legal description of the
Words ~ are added; words s~ek-~hre~h are deleted.
Residential Property upon which the Emergency
Medical Services System Impact Construction
shall.be constructed;.
l(.¢)_ .The nature of the governmental grant
...... or..subsidy.,..lncluding any terms, restrictions or
....... cond{t~ons, as. to. its use;
_ .... (d) Documentation evidencing finalization
of approval for the governmental grant or
3ubsidy;
. ......... (e) Proposed use of the governmental grant
· or subsidy;
(f) The proposed selling price if the
: ~.T'.. .~ '' ~ ,-.-
Emergency Medical Services System Impact
Construction will be offered for sale or the
'proposed rental price if the Emergency Medical
Services System Impact Construction will be
offered for rent; and
(g) The number of bedrooms in each
Dwelling Unit of the Emergency Medical Services
System Construction.
(2) If the proposed Emergency Medical Services
System Construction meets the requir~ments for an
Affordable Housing Exemption, then the County Manager
shall issue an Impact Fee Exemption. The Impact Fee
Exemption shall be presented in lieu of payment of
the Emergency Medical Services System Impact Fee
pursuant to Section 2.02.
b. The County shall reimburse to the Applicant the
Emergency Medical Services System Impact Fee for any
Emergency Medical Services System Impact Construction
which will be sold or rented for an amount which qualifies
as Affordable Mousing.
(1) Any Applicant seeking a reimbursement of
the ~ergency Medical Services System Impact Fee for
Words underline~ are added; words e~ek-~h~u~h are delete¢l.
a proposed Emergency Medical Services System ImpacC
Construction shall file with the County Manager an
Application for Reimbursement prior to receiving a
Building Permit for the proposed Emergency Medical
Services System Impact Construction. The Application
for Reimbursement shall contain the following:
(a) The name and address of the Owner;
(b) Th. legal description of the
Residential Property upon which th. Emergency
Medical Services System Impact Construction
shall be constructed;
(c) The proposed selling price if the
Emergency Medical Services System Impact
Construction will be offered for sale or the
proposed rental price if the Emergency Medical
Services System Impact Construction will be
offered for rent; end
(d) The number of bedrooms in each
Dwelling Unit of the Emergency Medical Services
System Impact Construction.
(2) If the proposed Emergency Medical Services
System Impact Construction meets the ~reliminary
requirements for an Affordable Housing Reimbursement,
then the County Manager shall issue an Authorization
for Reimbursement to the Applicant for the proposed
Emergency Medical Services System Impact Construction.
(3) The Applicant for the Emergency Medical
Services System Impact Construction who has received
an Authorization for Reimbursement ~hall pay the
Emergency MedicaX Services System Impact Fee due
pursuant to Section 2.01 of this Ordinance.
(4) If the Emergency Medical Services System
Impact Construction is being offerud for sale, tho
Applicant may obtain a reimbursement of the Emergency
Words underlined are added; words strue~-threugh are deleted.
Medical Services System Impact Fee by presenting
Authorization for Reimbursement and documentation
indicating the actual selling price of the Emergency
Medical Services System Impact Construction to the
County Manager. Such documentation shall be submitted
within ninety (90) days of the sale of each Dwelling
Unit in the Emergency Medical Services System Impact
Construction. Failure to submit such documentation
within the time required shall be deemed a walver of
the right to reimbursement. After reviewing the
documentation provided and determining that the
requirements for an Affordable Housing Reimbursement
have been satisfied, the County shall reimburse the
Emergency. Medical Services'System Impact Fee to the
Applicant.
(5) If the'Emergency Medical Services System
Impact Construction"will be offered for rent, the
Applicant may obtain a reimbursement of the Emergency
Medical Services System Impact Fee by presenting to
the County Manager the Authorization for Reimbursement
and documentation indicating the total monthly rental
received for the immediate past calendar year, or for
that portion of the initial calendar year f?r which
the Emergency Medical Services System Impact
Construction is rented. Such documentation shall be
submitted within ninety (90) days of the end of the
calendar year. Failure to submit such documentation
within the time required shall be deemed a waiver of
the right to reimbursement. After reviewing the
documentation and determining that the requirements
for an Affordable Housing Reimbursement have been
:
satisfied, the County shall reimburse to the Applicant
an amount equal to one-seventh (1/7) of the Emergency
Medical Services System Impact Fee paid.
Words underlined are added; words s~ueR-~hr~h are deleted.
(6) Such annual reimbursements may be received
for seven (7) consecutive years. Failure to timely
apply for reimbursement in any year or the failure to
provide documentation that the total monthly rental
received per Dwelling Unit for the entire calendar
year was within the limits established shall waive the
Applicant's right to reimbursement in that and any
subsequent year.
(7) Tho reimbursements o£ tho Kmergency Medical
Services System Impact Fee shall be paid by the County
within forty-five (45) days of submission of the
Authorization for Reimbursement and proper accompany-
ing documentation indicating the sales price or the
total.monthly, rental for the immediate past calendar
year. The County shall pay such ~eimbursement from
the accumulated Emergency Medical Services System
Impact Fees collected pursuant to Section 2.01.
(8) The right to reimbursement shall bm only
available'to the Applicant as stated on the
Application for Reimbursement and may not be trans-
ferred, sold or assigned to any other Person.
c. For an Emergency Medical Services' System Impact
Construction project to receive an Affordable Housing
Zxemption or an Affordable Housing Reimbursement, the
amount for which the Emergency Medical Services System
Impact Construction project may be sold or rented must be
restricted to an amount within the standards contained in
Appendix A, as amended from time to time, and such
restriction must continue for a period of seven years from
~he issuance of the Building Permit. Such restrictions
must be contained within the deed for the Emergency
Medical Services System Impact Cons%ruction project or
within the provisions of an agreement entered into
between the County and both the Applicant and the Owner of
Words underlined are added; words s~ruck-%h~e~h are deleted.
the Emergency Medical Services System Impact Construction
project. No Affordable Housing Exemption nor Affordable
Housing Reimbursement.shall be granted for Emergency
Medical Services System Impact Construction project which
I.
consists of a Mobile Home.
d. In determining the total monthly rental charge
for the purpose of determining eligibility for an Impact
Fee Exemption or Authorization for Reimbursement, all
payments which are required to b~ made by a tenant as e
condition of residing at such Dwelling Unit shall be
included.
e.. For an Emergency Medical Services System Impact
Construction;proJect. which receives an Impact Fee
Exemption. or-.an Affordable Housing Reimbursement, the
County shall pay into the Emergency Medical Services
System' Impact'Fee trust account the amount of: the
Emergency Medical Services System Impact Fee which was
exempted or reimbursed.
f. For. the, purposes of this Section, site ac-
quisition,.site development, site preparation and infra-
structure construction required for an Emergency Medical
Services System Impact Construction shall he part of the
construction process.
g. An Applicant who has been denied an Impact Fee
Exemption or an Authorization for Reimbursement may
request a review hearing on such decision pursuant to
Section 3.08.
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Words underlined are added; words s%=u=k-%h=eu~h are deleted.
no~-be-eons,~dered-by-~:he-Boa rd- ~
e ~- ½ssuanee-o ~-e-Bu~:~d½nq-Perm~:~:?
SECTION THREE: Conflict and Severability
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
of public health, safety, welfare and convenience. If any
section, phrase,' sentence or portion of this ordinance is for
any reason held invalid or unconstitutional by any court of
competent 'Jurisdiction, such portion shall be deemed m sep-
arate, distinct and'independent provision, and such holding
shall not affect the validity of the remaining portions
thereof.
SECTION FOUR:' 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 6th day of
May , 1992.
.{ATTEST~"j'. (~ BOARD OF COUNTY COMMISSIONERS
..'~'J,A~...~S .,C'~'~G _i~E. S, Clerk COLLIER COUNTY, 'FLORIDA
Approved as to form and
legal sufficiency:
,S~;~or'y ofjt_ate's Offlcl.~bo.
~sistant County Attorney ~ ~k~'~nfOf ~hat
-9-
Words underline~ are added; words struck-%hreugh are deleted.
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nex~ hlghes~ categorr.). · '
underlined are added; ~ords eeeuek-eh~euej½ ace deleted.
STATE OF FLORIDA
~COUNTY OF COLLIER
I, JAMES 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:
Ordinance No. 92-30
which was adopted by the Board of County Commissioners on
the 6th day of May, 1992, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this
day of May, 1992.
JA~'.S e. GILES ,,~X.:. '"".";:... ,%..
Clerk of Courts and ~1~.',
'~ Ex-officio ~o Board o~E ~'
~ " By: /slgl]te ffoffman ,q,tlq~ .,,
Deputy Clerk