Loading...
Ordinance 92-088 ORDINANCE NO. 92- 88 AN ORDINANCE AMENDING ORDINANCE NO. 90-24, THE . __ :.COLLIER COUNTY ADEQUATE PUBLIC FACILITIES ORDINA~ ~E, ,'~ 'i~8 CODIFIED IN THE COLLIER COUNTY LAND DEVELOPMEi ~i :,j . iCODE, ORDINANCE No. 91-102, BY AMENDING SECTION .' :..2 R~GULATORY PROGRAM: REVIEW OF DEVELOPMENT TO ENS' ' ~-- ADEQUATE PUBLIC FACILITIES ARE AVAILABLE, BY .:.-, DELETING PROVISION IN SECTION 8.3.4.1., SUBMISSI~ · ' '~F APPLICATION AND FEE, THAT PROHIBITS APPLICATI' ~ ~il FEES SUBMITTED IN CONJUNCTION WITH APPLICATIONS )R ..... ~INAL SUBDIVISION PLAT, FINAL SITE DEVELOPMENT PLAN ,..I ':.OR BUILDING PERMIT, OR APPLICANT REQUEST; PROVIDING "~OR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 1990, the Board of County Commiss~oners adopted the Collier County Adequate Public Facilities Ordinance Number 90-24, pursuant to Section 163.3202, Florida Statutes; and the following sections of the Collier County Growth Management Plan Future Land Use Element Objective 2, Policies 2.1., 2.2., 2.3., 2.4., 2.5., and 2.6; Future Land Use Element Policies 3.1g and 3.11; Capital Improvements Element Objective 1.5., Policies 1.5.1., 1.S.2., 1.5.3., 1.5.4. and 1.5.5; Conservation and Coastal Management Element Objective 10.2., Policy 10.2.1; Traffic Circulation Element Objective 8; Recreation and Open Space Element Objective 1.1, Policy 1.1.1; Public Facilities Element, Sanitary Sewer Subelement Objective 1.2., Policy 1.2.1; Public Facilities Element, Potable Water Subelement Objective 1.3., Policy 1.3.1.; Public Facilities Element, Drainage/Water Management Subelement Objective 1.2, Policy 1.2.2; Public Facilities Element, Solid Waste Subelement Objective 4.0; and WHEREAS, on October 30, 1991, the Board of County Commissioners adopted the Collier County Land Development Code (Ordinance 91-102) pursuant to Section 163.3202, Florida Statutes; which codifies the Adequate Public Facilities Ordinance as part of the Land Development Code under Division 3.15. of said Code; and WHEREAS, the establishment of an application fee schedule for the issuance of Certificates of Public Facility Adequacy at the Final Subdivision Plat, Final Site Development Plan or Building Permit stage of development is necessary to offset the cost of the application review process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CO COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 058 327_ _ Words str~k-thr~h are deleted: words underlined a ~: AMENDMENT TO SECTION 8.3.4, PROCEDURE FOR REVIEW OF APPLICATION, ORDINANCE 90-24, THE ADEQUATE PUBLIC FACILITIES ORDINANCE. Subsection 8.3.4.1 Submission of Application and Fee, of Section 8.3.4, Procedure for Review of Application, of Ordinance 90-24, the Adequate Public Facilities Ordinance, is hereby amended to read as follows: 8.3.4.1 Submission of Application and Fee: An application for a Certificate of Public Facility Adequacy shall be submitted to the Growth Management Director. An application shall be submitted at the filing of the earliest or next to occur of final subdivision plat, final site development plan or building permit. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application~? e-bu~d~ng-perm~, SECTION TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance cf Collier County or other applicable law, the more restrictive sh~ll apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any. court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice 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 this /~day of~z~, 1992. ATTEST: ,: i ' , BOARD OF COUNTY COMMISSIONERS JAMES C. GILE~,,CLERK COLLIER COUNTY, FLORIDA A~roved as to form and legal..su~iciency: This ordinance Ma.rjo~e M. Student C~r! cckr,cw'.~4~2el~cnt Of thor Assilltant County Attorney~ ~'~ fiiir~ received [b~ day ~ords sE~ueA-~heeugh are deleted: words underltne~ are added, RESOLUTION NO. 92- 603 A RESOLUTION ESTABLISHING THE APPLICATION FEES FOR ISSUANCE OF CERTIFICATES OF PUBLIC FACILITY ADEQUACY PURSUANT TO SECTION 8.3.4.1 OF THE COLLIER COUNTY ADEQUATE PUBLIC FACILITIES ORDINANCE NO. 90-24, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Adequate Public Facilities Ordinance (Ordinance No. 90-24, as amended) provides that the Board of County Commissioners shall establish a schedule of application fees for the issuance of Certificates of Public Facility Adequacy pursuant to Subsection 8.3.4.1 of the Ordinance; and WHEREAS, the establishment of a fee schedule for the application process for Certificates of Public Facility Adequacy pursuant to Subsection 8.3.4.1. is necessary to offset the cost of application review, clerical activities, and other costs inherent in the application process. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. This Resolution is adopted pursuant to the authority vested in the Board of County Commissioners of Collier County, Florida by Subsections 163.3161(3),(5),(6), (7); 163.3177(10) (h); 163.3202(2) (g) Florida Statutes; Subsections 125.01(g),(t), Florida ~tatutes, and the Collier County Adequate Public Facilities Ordinance (Ordinance No. 90-24, as amended). 2. The Board of County Commissioners hereby finds that the Fee Schedule for Determination of Public Facilities Adequacy, Exhibit A, attached hereto and incorporated herein by reference, represents fair and reasonable sums to be assessed against those who receive the benefits of Certificate of Public Facility Adequacy application review, clerical activities, and other benefits provided by the application process. The attached Fee Schedule for Determination of Public Facilities Adequacy is hereby adopted and approved in its entirety. 3. This Resolution shall become effective upon the date that the Ordinance (Ordinance No. q~-RR ) amending Subsection 8.3.4.1. of the Adequate P~blic Facilities Ordinance (Ordinance No. 90-24) to pro.vide for the imposition of fees for certificates of adequate public ~acility becomes effective. 4. This Resolution adopted after motion, second and roll call vote as follows: ~ ..... AYES:Commissioner Shanahan, Hasse, Saunders, GoodniEht and Volpe NAYS: "--ABSENT AND NOT VOTING: . ABSTENTION: ..., ~,. . .?ATTEST:. ', ¢~ BOARD OF COUNTY COM){ISSIONERS 'i JAME,Sw~ :'GI .L~, "CLERK .... COLLIER COUNTY,' FLORIDA r,. 'K~ufeeTl%'Ken~c~ ' CHAIRMAN ApprOved as to form and n d~legal sufficiencY:M. StUdent ,ara~=~e Secretary of State's Office Assistant CountyZAttorney ~ day of Z~ ~ and ocknowaedg~.men! of that filin~nrecelv, ed ~ day By ~w~ c~ ' - 2 - t~EXHIBIT FEE SCHEDULE · FOR DETERMINATION OF PUBLIC FACILITIES ADEQUACY ~ND ISSUANCE OF CERTIFICATE OF PUBLIC FACILITY ~DEQUACY TYPe o~ ~9 Fee Per ~elling Unit $ 25.00 Al1'. non-residential per individual application $ 50.00 -- 05S ~LTERNATIYE I* "EXHIBIT ]~" FEE SCHEDULE FOR DETERMINATION OF PUBLIC FACILITIES ADEQUACY AND IGsUANCE OF CERTIFICATE OF PUBLIC FACILITY ADEQUACY TYpe of Use Fee Per Single Family Certificate $ 35.00 All non-Single Family per $ 50.00 individual application Would raise approximately $80,000 annually 058 ~,~ 332 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial ~trcuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-88 which was adopted by the Board of County Commissioners on the 4th day of November, 1992, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners'of Collier County, Florida, this 5th day of November, 1992. JAMES C. GILES ,.' .......... Clerk of Courts and Clerk." . ,--/' '"'.'... Ex-officio to Board of ' ' County Commissioners