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Ordinance 92-091 oRDINANCE NO. 92- AN ORDINANCE AMENDING ORDINANCE NO. 90-86, AS AMENDED, THE COLLIER COUNTY REGIONAL WATER SYSTEM IMPACT FEE ORDINANCE BY A~ENDING SECTION 2.03 ENTITLED USE OF MONIES; AMENDING SECTION ~. 04 ENTITLED AFFORD~d~LE HOUSING; A/~ENDING SECTION ~05 ENTITLED ALTEI~NATIVE COLLECTION METHOD; AMEN~NG SECTION 3.08 ENTITLED REVIEW REQUIREMENT; REVI~NG APPENDIX B TO COLLIER COUNTY ORDINANCE 90-86, ~AS AMENDED, BY PROVIDING A NEW IMPACT FEE RATE SCHED43LE AS FOLLOWS: ~ ~.- METER SIZE MINIMUM~ EQUIVALENT IMPACT (Inches) DWELLING UNITSz FEE PER METER SIZE 5/8, :3/4 I $ 900.00 I 2.5 2,225.00 1-1/2 5 4,500.00 2 ~e 8 7. 200.0Q s?~ee~ee 3 ~4 16 14.400.00 4 39 25 22. 500. oo ~?eee?ee 6 ~ee 5o 45.000.00 8 ~,~ ~0 81.000.00 ~eTeee~ee 12 4.~5 215 193,500. oo me,Tee ' Additional eql/ivalent dwelling units above those specified will be charged at a rate of $900.00 per unit. z An equivalent dwelling unit is equivalent to the average usage ..of 410 gallons of water per day. AMENDING APPENDIX C TO COLLIER COUNTY ORDINANCE NO. 90-86, AS AMENDED, A/)DRESSING AREAS GENEI~ALLY EXCLUDED FROM IMPOSITION OF WATER IMPACT FEES A~D APPENDIX D ADDRESSING MASTER PLANS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COM){ISSIONERS OF COLLIER COUNTY, FLORIDA th&'t: SECTION ONEI Section 2.03, Use of Monies of Collier County Ordinance No. 90-86, as amended, shall be amended as Seotion 2.03 Use Of Monies. A. The Board hereby confirms the establishment of a separate trust account for the Water System Impact Fees, which shall be maintained separate and apart from all other accounts of the County. All such Water System Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Water System Impact Fee trust account shall be used solely for the purpose of providing Words underlined are added~ words st~ck-~hro~h are deleted. growth necessitated capital improvements and additions to the -;. Regional Water system, including, but not limited to: 1. Design or construction plan preparation; 2. Permitting and fees; 3. Land acquisition includihg any costs of acquisition or condemnation; 4. Construction and design of Regional Water System buildings, facilities or improvements and additions thereto; ... 5. Design and construction of drainage facilities required by the construction of Regional Water System buildings, facilities or improvements and additions thereto; 6. Relocating utilities required by the construction of Regional Water System buildings, facilities or improve- merits and additions thereto; 7. .Landscaping, incident to or necessitated by the expansion of the Regional Water System; 8. Construction management or inspection; 9. Surveying, soils and material t~sting; 10. Acquisition of plant or equipment necessary to expand the Regional Water System; 11. Repayment of monies borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance or its predecessor in -~ function, which were used to fund growth impacted improve- ments and additions to the Regional %~ater System as herein · . provided; 12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County or District to fund growth impacted improvements and additions to the Regional Water System; an~ 13. Reimbursement of excess Developer Contribution Credit pursuant to Section 3.06 or Impact Fees paid on Affordable Housing pursuant to Section 3.04; and' 14. To the extent PrOVided bv law. reimbursement or refund of costs incurred by the County in the Preparation Words underlined are added; words s%~uek-%hreugh are deleted. the ImPaCt Fee Study adopted pursuant to Section 1.03 and any amendments or supplements adopted pursuant to Section ~,08. and any other administrative costs incurred by the Countv. C. Funds on deposit in the Wate~ System 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 Water System Impact Fee trust account shall be used solely to provide improvements and additions to the Regional Water System required by growth, generated by Water System Impact Development, and including but not limited to expected growth addressed in the master plans listed in Appendix D of this Ordinance. E. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All ~ncome derived from such investments shall be deposited in the Water System Impact Fee trust account and used as provided herein. '~ ' F. Any person who is the current owner of the property on behalf of which a system Development Charge was paid, pursuant to Collier County Ordinance No. 86-66, as amended by Collier County Ordinance No. 87-45' and Collier County Ordinance No. 88-3, and was issued a certificate of occupancy thereunder for a Building, structure, or alteration prior to December 31, 1997 shall be eligible for a refund upon makin%, a timely petition for refund, if the Building, structure or alteration either was not authorized to connect to the Regional Water System by December 31, 1997, or if the County does not have an approved plan for connection of the Building, structure or alteration to the Regional Water System by December 31, 1997. Refunds due under these circumstances 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 end of the fiscal year in which the date December 31, 1997 falls. Words underlined are added; words s~k-th~e~gh are deleted. 2. The pe=ition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall contain: (a) A sworn statement'that the petitioner is the then current Owner of the p~operty on behalf of which the System Development charge was paid; (b) A copy of the dated receipt issued for payment of such charge or such other record as would indicate payment of such charge; (c) A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments reflect the exact names of all current legal owners; a representation that the petitioner will notify the County of any change and the status of legal ownership which occurs prior to any refund from the County; 3. Within ninety (90) days 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 System Development Charge requested for refund, and if such charge has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, charges collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. G. The Impact Fees collected pursuant to this Ordinance shall be returned to the then current Owner of the Property on behalf of 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 seventh anniversary of the date upon which such fees were paid and a timely petition for refund is made. Refunds shall be made only in accordance with the following procedure: Words underlined are added; words sS~uek-th~ou~h are deleted. 1. The then current'Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the end of the fiscal year in which the date of the seventh anniversary of the date of the payment of the Water System Impact Fee occurs. 2. The petition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall contain: (a) A sworn statement that the petitioner is the then current legal O~er of the property on behalf of which the Impact Fee was paid; (b) A copy of the dated receipt issued for pa~ent of such fee, or such other record as would indicate payment of such fee; (c) A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments evidencing title reflect the exact legal owners; a representation that the petitioner will notify the County of any change and the status of legal ownership which occurs ..prior to any refund from the County; (d) A copy of the most recent ad valorem tax 3. Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the petitioner and the Board of their status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encun~ered within the 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. ~. The fact that an Owner receives a refund does not excuse the property from later being subjected to payment of impact fees Words underlined are added; words struck-through are deleted. under this Ordinance Upon~otherwise being characterized as Water System Impact Development. I. An Owner entitled to a refund who fails to 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 Regional Water System. SECTION TN02 Section 3.04, Affordable Housing of Collier County Ordinance No. 90-86, as amended, shall be amended as follows: Section 3.04 Affordable Housing. A. The County shall exempt from the payment of the Water System Impact Fee any new Water System Impact Development which q~alifiee as Affordable Housing and which ~he--~e~s~¢~en-~ · ~=h new Water System Impact Development is funded in whole or in part by money received pursuant to a direct grant or subsidy from the United States, Department of Housing a~ ~rban 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 a proposed Water System Impact Development shall file with the County Manager an Application for Exemption prior to receiving a Building Permit for the proposed Water System Impact Development. The Application for Exemption shall contain the following: (a) The name and address of the Owner~ (b) the legal description of the Residential Property upon which the Water System Impact Development shall be constructed; (c) The nature of the governmental grant or subsidy, including any terms, restrictions or conditions as to its use; (d) Documentation evidencing finalization of approval for the governmental grant or subsidy; -6- .13' Words underlined are added; words s~e~ek-bh~eu~ are deleted. (e) Proposed use of the governmental grant or subsidy; (f) The proposed selling price if the Water System Impact Development will be offered for sale or the proposed rental price lflthe Water System Impact Development will.be offered for rent; and .,..-~.. .... (g) The number of bedrooms in each Dwelling Unit of the Water System Impact Development. . .. 2. If the proposed Water System Impact Development meets the requirements 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 Water System Impact Fee pursuant to Section 2.02. B. The County shall reimburse to.the Applicant the Water System Impact Fee for any Water System Impact DeveloFaent which will be sold or rented for an amount which qualifies as Affordable Housing. 1. Any Applicant seeking a reimbursement of the Water System Impact Fee for a proposed Water System Impact Development shall file with the County Manager an Application for Reimbursement prior to receiving a Building Permit for the proposed Water System ImpaCt Development. The Application for Reimbursement shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential Property upon which the Water System Impact Construction shall be constructed; (c) The proposed selling price if the Water System Impact Development will be offered for sale or the proposed rental price if the Water System Impact Development will be offered for rent; and (d) The number of bedrooms in each Dwelling of the Water System Impact Development. Unit -,- 059- , .14 Words underlined are added; words st~uek-threuqh are deleted. 2. If the proposed Water System Impact Development meets the preliminary requirements for an Affordable Housing Reimbursement, then the County Manager shall issue an Authorization for Reimbursement to the Applicant for the proposed Water System Impact Development. ,3. . The Applicant for the Water System Impact Development who has received an Authorization for Reimbursement shall pay the Water System Impact Fee due pursuant to Section 2.01 of this Ordinance. 4. If the Water System Impact Development is being offered for sale, the Applicant may obtain a reimbursement of the Water System Impact Fee by presenting the Authorization for Reimbursement and documentation indicating the actual selling price of the Water System Development to the County Manager. Such documentation shall be submitted within ninety (90) days of the sale of each Dwelling Unit in the Water System Impact Development. Failure to submit such documentatio~" Qithin the time required shall be deemed a waiver 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 Water System Impact Fee to the Applicant. 5. If the Water System Impact Oevelopment will be offered for rent, the Applicant may obtain a reimbursement of the Water System Impact Fee by presenting to the County the Authorization for Reimbursement and Manager documentation indicating the total monthly rental received for the immediate past calendar year, or for that portion of the initial calendar year for which the Water System is rented. Such documentation shall be Impact Development 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 -.- oo, Words underlined are added~ words s~ek-~h~h are deleted. 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 Water System Impact Fee paid. 6. Such annual reimbureem6nts may be received for seven 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 was within the limits established shall waive the Applicant's right to reimbursement in that and any subsequent year. 7. The reimbursements of the Water System Impact Fee shall be paid by the County within forty-five (45) days of submission of the Authorization for Reimbursement and proper documentation indicating the sales price or the total monthly rental for the immediate past calendar year. The County shall pay such reimbursement from the accumulated Water System Impact Fees col'i~ted pursuant to Section 2.01. 8. The right to reimbursement shall be only available to the Applicant as stated on the Application for Reimbursement and' may not be transferred, sold or assigned to any other Person. C. For a Water System Impact Development project to receive an Affordable .ousing ~xemption or an Affordable · · Housing Reimbursement, the amount for which the Water System Impact Development 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 by Resolution of the Board, and such restriction must continue for a period of seven years from the issuance of the Building Permit. Such be contained within the deed for the Water restrictions must System Impact Development project or within the provisions of an agreement entered into between the County and both the Applicant and the Owner of the Water System Impact Development project. No 'Affordable Housing Exemption nor Affordable Words underlined are added~ words e~ek-~e~ are deleted. Housing Reimbursement shall · be granted for a Water System Impact Development project which 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 Rei~bursement, sll payments which are required to be made by a tenant as a condition of residing at such Dwelling Unit shall be included. E. For a Water Impact Development project which receives an Impact Fee Exemption or an Affordable Housing Reimbursement, the County, and not the District, shall pay into the Water System' Impact Fee trust account the amount of the Water System Impact Fee which was exempted or reimbursed. F. For the purposes of this Section, site acquisition, site development, site preparation and infrastructure conetruc- tion .required for a Water System Impact Development shall be panic of the construction process. G. An Applicant who has been denied an Impact Fee Exemption or an Authorization for Reimbursem'&'n~ may request a review hearing on such decision pursuant to Section 3.07. H. Although this Section is aimed at addressing new water System Impact Development.. which is characterized as affordable housing herein, the Board shall have the discretion, and not the obligation, to consider and grant requests for exemption or reimbursement for existing dwelling units which is characterized as Water System Impact Development, provided such housing otherwise meets the requirements of this Section and the Board determines there are funds available to grant such a request. Any such request shall not be considered by the Board if not made within 180 days of connection of the dwelling units to the Regional Water System. SZCTIONTHREEI Section 3.05, Alternative Collection .Method, of Collier County Ordinance No. 90-86, as amended, is amended as follows: Section 3.05. Alternative Collection Method. In the event the Water System Impact Fee is not paid prior to the lssuanoe'of s Bu£1d~n~ Per~£t or other~ise within ninet~ -lO- . ,oo i7 Words underlined are added; words s~ck-~h~e~h are deleted. (90) days of the subject lands becoming characterized as Water System Impact Development, the County shall proceed to collect the Water System Impact Fee as follows= A. The county shall serve, by hand delivery or by certified mail, return receipt requested, a Notice of Impact Fee Statement upon the Owner at the address appearing on the most.recent records maintained by the Property Appraiser of the County. If the building is under construction, the County shall also 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 make a diligent effort to also attach a copy of the Notice of Impact Fee Statement to the Build.lng Permit posted at the affected construction site. SerVice shall be deemed effective on the'date of hand d~liverv or the date the return receipt ~ndicates the notice was received by either the Applicant or th~, Owner, or, if the Building is under construction, the date said notice was attached to the Building "~6rmit, whichever occurs first. The Notice of Impact Fee Statement shall contain a reasonable legal description of the property and shall advise the Applicant and the Owner that: 1. The amount due and the general purpose for which the Water System Impact Fee was imposed; 2. A hearing pursuant to Section 3.07 may be requested within thirty (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. In the case of existing Buildings, structures or applicable improvements which are required to connect to the Regional Water System, the Owner may notify the Office of the County Manager of his intention to submit an Alternative Water Impact Fee calculation pursuant to Section 2.04 within thirty (30) calendar daye from the effective date of service of the Notice of Impact Fee Statement 'and thereafter provide an Alternative Water Words underlined are added; words st~uck-thre~qh are deleted. Impact Fee calculation within one hundred twenty (120) calendar days from the effective date of service of the Notice of Impact Fee Statement. 4. The Water System Impact. Fee shall be delinquent if not paid and received by the dounty within thirty (30) calendar days of the effective date of service of the NOtice of Impact Fee Statement if a hearing is not requested pursuant to Sections 2.04 or 3.07. 5. Upon becoming delinquent, the Water System Impact Fee shall be subject to the imposition of interest on the unpaid amount until paid. 6. In the event the Water System Impact Fee becomes delinquent, a Notice of Claim of Lien against the property will be recorded in the Official Records of the County. B. The Water System Impact Fee shall be delinquent if, within thirty (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 ~'County, nor has the Owner properly complied with the provisions of Section 2.04, nor has a review hearing been requested pursuant to Section 3.07. In the event a hearing is requested pursuant to Sections 2.04 or 3.07, ~he' unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the Board determines the amount of Impact Fees due upon the conclusion of such a hearing. Ail time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said 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, the Impact Fees shall bear interest at the statutory rate for final Judgments calculated on a calendar day basis, until paid. c. Should the Water System Impact Fee become delinquent as set forth in Subsection B, the County shall serve, by Words underlined are added; words s~euek-threugh are deleted. certified mail return receipt'requested, a notice of lien upon the 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 ~roperty Appraiser of the County. The notice of lien shall serve to notify the delinquent Applicant and Owner, as the case may be, that failure to pay the Water System Impact Fee has caused the County to file a Notice of Claim of Lien with the Clerk of the Circuit Court. D. Upon mailing of a notice of lien, the Utilities Administrator shall file a Notice of Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Notice of Claim of Lien shall contain the Owner's name, the legal description of the property, the amount of the delinquent Impact Fees and the date ~f their imposition. Thereafter, without further direction of the Board, its staff shall proceed to expeditiously collect, foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. E. The Utilities Administrator shall file a No~ice of Satisfaction of Claim of Limn with the Clerk of Circuit Court for recording in the Official Records upon receipt of full payment for a delinquent Water Impact Fee, interest due, and any recording expenses. Said Notice of S~tisfaction of Claim of Lien shall reflect the appropriate recording information shown on the previously recorded Notice of Claim of Lien. F. After the expiration of one year from the date of recording of the Notice of 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 unpaid fees, as set forth in Chapter 153, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein v.rb tim. ,00 '20 Words underlined are added; words s~ek-~h~e~h are deleted. G. The liens for delinquent Impact Fees imposed hereunder shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other Person except the lien of County taxes and shall be on a parity with the lien of any such County tax~e until paid as provided herein. H.. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any 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 ordinance or administrative regulation of the County or any applicable law or a~inistrative regulation of the State of Florida. SECTION FOUR~ Section 3.08, Review Requirement of Collier County Ordinance No. 90-86, as amended, is a~ded as follows: Section 3.08 Review Requirement. This Ordinance and the master plans shall be reviewed by the Board initially in connection with its approval of the Capital Improvement Element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance shall be reviewed at l~ast annually. The initial and each annual review shall consider new estimates of population per household, costs related to the acquisition of land, buildings, capital plant and equipment necessitated by growth and adjustments to the assumptions, conclusions and findings set forth in the master plans adopted by Section 1.03. The purpose of this review is to ensure that the Water System Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by new construction or use of the Regional Water system by users who have heretofore not connected to the Regional Water system and who have not paid Impact Fees. In the event the review of the Ordinance required by this Section Words underlined are added; words s~ek-th~o~§h are deleted. alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section ~?e, 1.03, revises or changes the Regional Water System or alters or changes the amount of Impact Fees, the master plans adopted by reference in Section ~?94 1.03 shall ~e amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section ~94 1.03 shall be amended to adopt by reference such updated studies. SECTION FXVE~ Appendix B, adopted by Collier County Ordinance 90-86 and as amended by Ordinance No. 91-50, entitled "Regional Water System Impact Fee Schedule" of Collier County Ordinance shall be amended as follows: APPENDIX B REGIONAL WATER SYSTEM IMPACT FEE SCHEDULE 'Pursuant to Section 2.01 of Collier County Ordinance No. 90-.86, all Water System Impact Development occurring within the Collier Count~ Water-Sewer District shall pay a Water System Impact Fee in accordance with the following METER SIZE MINIMUM~ EQUIVALENT IMPACT (Inchss) DWELLING UNITS~ FEE PER METER SIZE 5/8, 3/4 1 $ 900.00 i 2.5 2,225.00 1-1/2 5 4,500.00 .. 2 ~e ~ 7.200.00 eT~ee.ee 4 ~9 25 22.500.00 6 ~99 50 4§.000.00 8 ~95 90 81.000.00 987eeeree lO ~s 14~ 130.soo,oo ~447eee~ee 12 495 215 193.500.00 ~e~Teee.ee ~ Additional equivalent dwelling units above those specified will be charged at a rate of $900.00 per unit. ' An equivalent dwelling unit is equivalent' to the average usage of 410 gallons of water per djq~2~ -is- .&6 Words underlined are added; words s~=uek-~hreu~~ are deleted. It has been and continues to be the long-standing policy of the Board that certain collection facilities not be funded by revenues derived from Water System Impact Fees. Such collection facilities include, by ~ay of example and not limitation, required, needed or appurtenant gravity lines, pump stations, force mains, and interconnecting transmission facilities typically installed and dedicated at the time subdivision or like or similar improvements are installed, or such collection facilities installed as a result of the creation of a municipal services tax or benefit unit or like or similar specially funded project having a defined area and determined to need the installation, retrofit and/or connection to a central sewer system meeting County standards. Accordingly, the above schedule of impact fees does not reflect, and is not intended to reflect the costs or expenses ~aociated with the creation or installation of such collection facilities ...... SBCTIOI BII~ Appendix C, entitled "Areas Generally -. Excluded from Imposition of Water Impact Fees" of Collier County Ordinance No. 90-86, as amended, shall be amended as follows: APPENDIX C AREAS GENERALLY EXCLUDED FROM IMPOSITION OF WATER IMPACT FEES Lands within Collier County generally excluded from the definition of Water System Impact Development as defined in the Collier County Regional Water System Impact Fee Ordinance, Collier County Ordinance No. 90-86: A. Those areas lying within the Marco Water and Sewer District. Exclusion of the Marco Water and Sewer District recognizes this area is not presently planned to be served by treatment capabilities of the Regional Water System. B. Those areas lying within the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the Regional Water System. Words underlined are added~ words str~ek-thre~th are deleted. D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page ?5, Public Records of Collier County, Florida. E. Golden Gate Estates, Unit N~. 3, Plat Book 4, Page 77, Public Records of Collier County, Florida. F. Golden Gate Estates, Unit No. 4, Plat Book 4, Page 79, Public Records of Collier County, Florida. G. Golden Gate Estates, Unit No. 26, Plat Book ?, Page 15, Public Records of Collier County, Florida. H. Golden Gate Estates, Unit No. 27, Plat Book 7, Page 17, Public Records of Collier County, Florida. I. Golden Gate Estates, Unit No. 28, Plat Book 7, Page 19, P~/blic Records of Collier County, Florida. J. Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier County, Florida. K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County,'Florid~ .... L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. M. Golden Gate Estates, Unit No. 32, Plat Book ?, Page 21, Public Records of Collier County, Florida. N. Golden Gate Estates, Unit No. 33, Plat Book ?, Page 60, Public Records of Collier County, Florida. O. Golden Gate Estates, Unit No. 34, Plat Book ?, Page 23, Public Records of Collier County, Florida. P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida. Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida. Exclusion of the above-referenced platted areas in Golden Gate Estates recognizes that the nature of the previous Words underlined are added; words s~=~ck-~h=e~gh are deleted. development, platting of these areas primarily into large residential tracts, the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make, it impractical to serve most of these areas in the foresaeabl~ future via the Regional Water System or any other centralized sewer utility. T. Those areas lvina within the Marco Shores Subdivision. Exclusion of the Marco Shores Subdivision recoanizes that this area is not presently planned to be served bv treatment capabilities of the Reaional Water System. However. the above exclusions are not absolute and lands 1vinq within the excluded areas which either are reauired to or re=uest connection to the Regional Water System. or otherwise create a arowth necessitated demand to expand the Reaional Water Svstem. shall be subject to the imposition of impact fees under Section 2.01 of the Collier County Reaional Water System ~DaCt Fee Ordinance in the same manner as if said lands were characterized as Water System ImPact Development. SECTION SEVEN~ Appendix D entitled "Master Plans" of Collier County Ordinance No. 90-86, as amended, is amended as follows: APPENDIX D MASTE~ PLANS 1. Water Master Plan for Western Collier County, Vol. I & II, Hole, Montes & Associates, Inc. and PRC Consoer Townsend . Consulting Engineers, (1986). 2. Collier County 201 Facilities Plan Update, Hole, Montes & Associates, Inc., (May, 1986). 3. South County Water Master Plan - Feasibility and Impact Study for Sewage Treatment and Collection Facilities for Collier County, Florida, Mole, Montes & Associates, Inc., and PRC Consoer Townsend Consulting engineers, (April, 1986). 4. North County Water Master Plan - Feasibility and Impact Study for Sewage Treatment and Collection Facilities for Collier County, Florida, Hole Montes & Associates, Inc., Words underlined are added; words s~ek-~h~e~h are deleted. 5. Collier County Growth Management Plan, (February, 1991). 6. 1992 Water and Sewer Impact Fee Rate Study prepared by flartman and Associates. BECTIOM EIGHTt CONFLICT ~ B~v~ILITY In the event this Ordinance conflicts with any ordinance of .Collie~ ~ounty or other applicable law, the more restrictive ~hall agplY. If any phrase or portion of this Ordinance is held invali~ or unconstitutional by any court of competent . Jurisdiction, such portion shall be deemed a separate, . distin~t, .and ~ndependent provision and such holding shall not affect the validity of the remaining portion. BZ~ZON NX~I ~~ D~T~ This Ordinance shall ~come effective ugon receip~ of ~o'=ice..from ~e Secreta~ of State that this Ordinamce has ~en filed wi~ the Secre~a~ o~ State. PASS~ ~D D~Y ~ by the Board of County Co~iSsioners of Collier Co~y, Florida, ~s /~ day of , 1992. - S C. 'GIL~}. Clerk ~ OF CO~TY CO~ISSION~ OF CO~I~%CO~TY, F~RIDA A~pr0ved as to fo~ and legal. ~uff~cien~= ~ls o~l~e filed wl~ ~l Richard D. Yo~novich S~0~ of 5fate's Offlg~ Assistant County Attorney /~of~ ~ ~ ock~[~ of ~t -19- Words underlined are added; words struck-through are 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 ts a true copy of: Ordinance No. 92-91 which was adopted by the Board of County Commissioners on the 10th day of November, 1992, during Regular Session. WITNESS my hand and the officta! .seal ofl~e Board of County Co~tasioners of Collier County, Florida, this 13th day of November, 1992. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of "..~"'_ ~,~, County Commissioners .'..','