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Ordinance 92-092 ORDINANCE NO. 92- 92 AN ORDINANCE AMENDING ORDINANCE NO. 90-87, AS AMENDED, THE COLLIER COUNTY REGIONAL SEWER SYSTEM IMPACT FEE ORDINANCE BY AMENDING SECTION 1.01 ENTITLED DEFINITIONS; BY AMENDING SECTION 2.03 ENTITLED USE OF MONIES; AMENDING SECTION 3~4 ENTITLED AFFORDABLE HOUSING; AMENDING SECTION ENTITLED ALTERNATIVE COLLECTION METHOD; AMEND I'MG SECTION 3.08 ENTITLED REVIEW REQUIREMENT; REVIS~G APPENDIX B TO COLLIER COUNTY ORDINANCE 90-87, ~S AMENDED, BY PROVIDING A NEW IMPACT FEE RATE SCHEDULE AS FOLLOWS: 8EWBR~-R~8~B~NT~A~-~S~ .................. ~MPAe~-~B~ fam~½yT-m~b~e-home-and-ap~%mem% eaeh-add~ona~-ba~hFoom-peF-un~ ,Se-ga~o~day~un~ ~40T90 No~e~7-mo~e½-and-Yrave~-Tra~eF-~o~ No~-Fes*5e.~a~-~oneFe*e~T-eff*ee-a~d ~nduotF~a~-~o~e~-unita-~ne~-to-~ne~ude ~ndua~F~a~-was~e~ eo2~meFa~a~-oF-eo~n-epeFa~ed ~aund~y-washe~-u~a ~eO-ga~sfdayfun~ 989v90 Reo~auFan~-and-~oun~e .. ~S-ga~ofda~sea~ RESIDENTIAL PER DWELLING UNIT $ 1.340.0~ NON-RESIDENTIAL METER SIZE Cinches) 5/8. 3/4 $ 1.340.00 i 3.350.00 1-I/2 6.700.00 ~ 10.?~0.00 ~ 21.440o00 · ~.§00.00 ~ 67.000o00 ~ l~o.~oo.oo ~o I9~.3oo.o~ i~. ~8~.1oo.oo AMENDING APPENDIX C TO COLLIER COUNTY ORDINANCE NO. 90-87, AS AMENDED, ADDRESSING AREAS GENERALLY EXCLUDED FROM IMPOSITION OF SEWER IMPACT FEES AND AMENDING APPENDIX D ADDRESSING MASTER PLANS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 28 Words underlined are added; words st~uek-~h~ough are deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 1.01. Definitions of Collier County Ordinance No. 90-87, as amended, shall~be amended as follows: S~ot~on 1.OZ. De~nit~ons. Wheni'~used in this Ordinance, the following terms shall have the following meanings, unless the context clearly lndic~.otherwise: "~kfordable Housing" shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standard set forth .and established inAppendix A of this Ordinance. · · "Alternative Sewer System Impact~ Fee" shall mean any alter~ative fee calculated by an Applicant and approved by the Board..pursuant. to Section 2.04. "Alternative Sewer System Impact Fee Study" shall mean a study prepared by an Applicant or Owner and submitted to the County. Manager pursuant to Section 2.04. -- - ~Applicant" shall mean the person who applies for a Building Permit. "Board" shall mean the Board of County Commissioners of Collier County, Florida. Where the context requires, the term "Board" shall also be deemed to include the Governing Board of the Collier County Water-Sewer District. "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 on the sewer utility system operated by the Collier County Water-Sewer District or Collier County or both. This term shall include 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. Words underlined are added~ words s~k-~hro~ are deleted. "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 does not otherwise require a Building Permit in order to be occupied. "Comprehensive Plan" shall mean the Comprehensive Plan. of the County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. "County" shall mean Collier County, a political subdivision of the State of Florida. Where the context requires, the term "County" shall also be deemed to include the Collier County Water-Sewer District. "County Attorney" shall mean the Person appointed by the Board 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 Boded'or the designee of such Person. "District" shall mean the Collier County Water-Sewer District, a political subdivision of the State of Florida, whose governing ~ard is ex-officio the Board of County Commissioners of Collier County, Florida. "Dwelling Unit" shall mean a Building~ or portion thereof e~--e-B~&~d&~ designed ~e~-er and whose prJ~ary purpose is for residential occupancy, amd--wh~eh consistsing of one or more rooms which are arranged, designed or used as living quarters for one or more ]~lmersons. "Encumbered" shall mean moneys committed by contract or purchase order in a manner that obligates the County to expend the encumbered amount upon the delivery of goods, the rendering of services or the conveyance of real property interests by a vendor, supplier, contractor or Owner. "Florida Local Government Development Agreemenf Act" means the provisions of Sections 163.3220 through 163.3243, Florida 059 Words underlined are added; words s~ruek-~hreu~h are deleted. Statutes (1989), as amended or supplemented, or its successor in function. "Impact Fee" shall mean the fee imposed by the County pursuant to Section 2.01 of this Ordinance. The term impact fee shall be synonymous with the term "System Development Charge" as used in this or prior ordinances relating to the subject matter addressed by this Ordinance. "Local Government Comprehensive Planning and Land Development Regulation Act" means the provisions of Part II, Chapter 163, Florida Statutes (1989), as amended or supplemented, or its successor in function. "Mobile Home" shall have the meaning set forth in the Countv's Uniform Land Development Code. means-mann,ear,red homesT--~ra~}srsT--eemps=s--er-=eerea~ofla~--weh*e~es.-Pe=--~he purpeoe--e~-&mpea*.~-&mpae%--fees-Fe~a~*ve-~o--?Fave~-TFe~eFs? wh&eh--e=e--o~he~w~se--heFe~n-eneempassed--by-%he--~erm-mmeb&~e hemesT--Trave~-T~a*~e~--~e~s--e~-spaees-sha½~--be-e~sss*~*ed-*~ eeum~y~s-een~ng-reg~a~ens-and-eomprehens~ve-P~an~ "Non Residential" shall mean commercial, motel;hotel. travel trailer, recreational vehicle or any other development u~on land that does not cualifv as Residential. "Owner" shall mean the Person holding legal title to the real proper~y for w~ich impact fee~ are paid. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other ., entity. ~Re~ional Sewer System" shall mean the wastewater or sewer % utility system directly connected to treatment facilities operated by the Collier County Water-Sewer District or Collier County or both. "Residential" shall mean multi-family dwelling units, condominiums;townhouses, mobile homes, single family detached houses or retirement homes, "Utilities Administrator" shall mean the Person appointed by the Board or the County Manager to supervise the adminie- Words underlined are added; words str~ek-th~eu~h are deleted. tration, operations and acquisitions of the Regional Sewer System or the designee of such Person. ~Sewer System Impact Development" shall mean development upon lands within the Collier County Water-Sewer D!str~ct, exclusive of the lands encompassed by the areas descr~md in Appendix C, which shall be subjected to the payment of impact fees..under this Ordinance or its predecessor in function upon ~hs first occurrence of any of the following: .... (a) Whenever any existing Buildin~ or structure, which has not previously pa~d system ~up~ development charges or impact fees under this Ordinance or its predecessor in function, co~ect~ to ..... . ..... the Regional Sewer System; or ........ ~ .......... (b). -Whenever--any existing Building, structure --~'~ ...... ~r..-app~loable.-lmprovement-which is connected to an interim sewer system is connected, either d~rectly or · - indirectly, to the Regional Sewer System; or ......... (c) Whenever-~any person appl'[e~ for a ~uild~ng .... Permit to'construct a Building, structure or appli- cable improvement within the boundaries of the Collier County Water-Sewer District, even though the subject lands may receive interim sewer service from a source other than the Collier County Water-Sewer District; or (d) Whenever a person applies for a Building Permit to alter an existing Building, structure or applicable improvement already connected to the Regional Sewer System, where such alteration increases the potential demand on the Regional Sewer System. The exclusion of the development upon the lands encompassed by the areas described in Appendix C ~s not absolute. Development upon lands lying within the Coll~er County Water-Sewer District, including but not limited to the excluded areas described in Appendix C, which either is required to or requests connection to the Regional Sewer Words underlined are added; words struck-through are deleted. System, or otherwise creates a gr~0wth necessitated demand to expand the Regional Sewer System, shall be subject to the imposition of impact fees under Section 2.01 of this Ordinance in the same manner as if said development was characterized as Sewer System Impact Development. · SECTION TWOs Section 2.03, Use of Monies of Collier County Ordinance No. 90-87, as amended, shall be amended as follows: 8motion 2.03 Use Of Monies. A. The Board hereby confirms the establishment of a separate tr~st account for the Sewer System Impact Fees, which shall be maintained separate and apart from all other accounts of the County. All such Sewer System Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies, depositedinto the Sewer System Impact Fee t~st account shall be used solely for the purpose of providing 9rowth necessitated capital improvements and additions to the Regional Sewer system, including, but'not limited to: 1. Design or construction plan preparation; 2. Permitting and fees; 3. Land acquisition including any costs of acquisition . or condemnation; 4. Construction and design of Regional Sewer System buildings, facilities or improvements and additions thereto; 5. Design and construction of drainage facilities required by the construction of Regional Sewer System buildings, facilities or improvements and additions thereto; 6. Relocating utilities required by the construction of Regional Sewer System buildings, facilities or improve- ments and additions thereto; 7. Landscaping, incident to or necessitated by the expansion of the Regional Sewer System; 8. Construction management or inspection; 9. Surveying, soils and material testing;' 10. Acquisition of plant or equipment necessary to expand the Regional Sewer System; Words ~ are added; words s~ek-th~e~gh are deleted. ll. 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 Sewer 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 Sewer System; and 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 -e×tent provided by law. reimbursement or refund of cQsts incurred bY t__~he County in the preparation of the Impact Fee Study ~gp_~.d pqrsuant to Section 1.03 and any -amendments or supplements ~opted ~suant to Section 3.08. and any other a4~inistrative costs incurred by the County. C. Funds on deposit in the Sewer 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 Sewer System Impact Fee trust account shall be used solely to provide improvements and additions to the Regional Sewer System required by growth, generated by Sewer 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 income derived from such investments shall be deposited in the Sewer 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 Words underlined are added; words s~rucN-~hr~h are deleted. 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 o'f occupancy thereunder for a Building, structure, or alteration prior to December 31, 1997 shall be eligible for a refund upon making a timely petition for refund, if the Building, structure or alteration either was not authorized to connect to the Regional Sewer System by Decen~r 31, 1997, or if the County does not have an approved plan for connection of the Building, structure or alteration to the Regional Sewer 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. 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 Owner of the property 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 repre- sentation 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; (d) A copy of the most recent ad ~alorem tax Words l~lderlined are added; words s~ek-~h~o~h are deleted. 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 enc%u~bered 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 w~lch such fees were paid and a timely petition for refund is made. Refunds shall be mad~ only in accordance 'with the following procedure: 1. The then current Owner shall p~i~ion the Board for the refund prior to the end of the fiscal year i~mediately following the end of the fiscal year in which the date of the seventh anniversary of the date of the payment of the Sewer 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 Owner of the property on behalf of 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 or other instruments evidencing title; a repre- sentation that the most recent recorded d~ed or other instruments evidencing title reflect the exact names of all current legal owners; a representation that -9- 36 Words underli~e~ are added; words s~-th~h are deleted. 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 bill. · .... 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 encumbered 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. H..-' The fact that an Owner receives a refund does not excuse the property from later being subjected to payment of impact fees under this Ordinance upon otherwise being characterized as Sewer 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 ~nd additions to the Regional Sewer System. 8~CTION T~REB: Section 3.04, Affordable Housing of Collier County Ordinance No. 90-87, as amended, shall be amended as follows: Section 3.04 Affordable Housing. A. The County shall exempt from the payment of the Sewer System Impact Fee any new Sewer System Impact Development which qualifies as Affordable Housing and which sH=h new Sewer 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 and UrbaH Development, or from any direct grant or subsidy program of the State or ! 37 Words underlined are added; words s~k-~h~eu~h are deleted. County created to assist in the construction of Affordable Housing. 1. Any person seeking an Affordable Housing Exemption for a proposed Sewer System Impact Development shall file with the County Manager an Application for Exemption prior to receiving a Building Permit for the proposed Sewer 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 Sewer System Impact Develop- ment 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; (e) Proposed use of the governmental grant or subsidy; (f) The proposed selling price if the Sewer System Impact Development will be offered for sale or the proposed rental price if the Sewer System Impact Development will be offered for rent; and (g) The number of bedroom:~ in each Dwelling Unit of the Sewer System Impact Development. 2. If the proposed Sewer 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 Sewer System Impact Fee pursuant to Section 2.02. B. The County shall reimburse to the Applicant the Sewer System Impact Fee for any Sewer System Impact Development which will be sold or rented for an amount which ~ualifies as Affordable Housing. 38' Words underlined are added; words s~ek-~hreu~h are deleted. 1. Any Applicant seeking a reimbursement of the Sewer System Impact Fee for a proposed Sewer System Impact Development shall file with the County Manager an Application for Reimbursement prior to receiving a Building Permit for the proposed Sewer 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 Sewer System Impact Const~'uc- ti°n shall be constructed; (c) The proposed selling price if the Sewer System Impact Development will be offered for sale or the proposed rental price if the Sewer System Impact Development will be offered for rent; and (d) The number of bedrooms in each Dwelling Unit of the Sewer System Impact Development. 2. If the proposed Sewer'System 'i~act 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 Sewer System Impact Development. 3. The Applicant for the Sewer System Impact Development who has received an Authorization for Reimbursement shall pay the Sewer System Impact Fee due pursuant to Section 2.01 of this Ordinance. 4. If the Sewer System Impact Development is being offered for sale, the Applicant may obtain a reimbursement of the Sewer System Impact Fee by presenting the Authori- zation for Reimbursement and documentation indicating the actual selling price of the Sewer System Development to the County Manager. Such documentation shall be submitted within ninety (90) days of the sale of each Dwelling Unit in the Sewer System Impact 6evelopment. Failure to submit such documentation within the time required shall be deemed a waiver of the right to 05 9 09 Words underlined are added; words s~ue~-~h~e~h are deleted. reimbursement. After reviewing the documentation provided and determining that the requirements for an Affordable Housing Reimbursement have been satisfied, the County shall reimburse the Sewer System Impact Fee to the Applicant. ~- 5. If the Sewer System Impact Development will be offered for rent, the Applicant may obtain a reimbursement of the Sewer System Impact Fee by presenting to the County Manager the Authorization for Reimbursement and documenta- tion indicating the total monthly rental received for the. immediate past calendar year, or for that portion of the initial calendar year for which the Sewer System Impact Development 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 '~'o~ an Affordable Housing Reimbursement have been satisfied, the County shall reimburse to the Applicant an amount equal to one-seventh (1/7) of the Sewer System Impact Fee paid. 6. Such annual reimbursements 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 .Tental 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 Sewer System Impact Fee shall be paid by the County within forty-five (45) days of submission of the Authorization for Reimbursement amd 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 Sewer System Impact Fees collected pursuant to Section 2.01. Words uDderlined are added; words s~uek-~h~eu~h are deleted. 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 Sewer System Impact Development project to receive an Affordable Housing Exemption or an Affordable Housing Reimbursement, the amount for which the Sewer System Impact Development project may be sold or rented must be restricted to an amount w~thin the standards contained in Appendix A, as amended from time to time bv Resolution of the Board, and.such restriction must continue for a period of seven years from the issuance of the Building Permit. Such restric- tions must be contained within the deed for the Sewer 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 Sewer System Impact Development project. No Affordable Housing Exemption nor Affordable Mousing Reimbursement shall be granted ~r'a Sewer System Impact Development project which consists of a Mobile Home. D. In determining the total monthly rental charge for the purpose of determining el~gibility for an Impact Fee Exemption or Authorization for Reimbursement, all payments which are required to be made by a tenant as a condition of residing at such Dwelling Uhi~ shall be included. E. For a Sewer Impact Development project which receives an Impact Fee Exemption or an Affordable Housing Reimbursement, the County, and not the District, shall pay into the Sewer System Impact Fee trust account the amount of the Sewer System Impact Fee which was exempted or reimbursed. F. For the purposes of this Section, site acquisition, site development, site preparation and infrastructure construction required for a Sewer System Impact Development shall be 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 3.07. Hords underlined are added; ~ords st~uek-th~uqh are deleted. H. Although this Section is aimed at addressing new Sawer 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 existin~ dwelling units which is characterized as Sewer 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 requeet. 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 Sewer System. SBCTION POURt Section 3.05, Alternative Collection Method of Collier County Ordinance 90-8?, as amended, is amended as follows: Seotion 3.05. Alternative Colleotion Method. In the event the Sewer System Impact' Fee is not paid prior to the issuance of a Building Permit or otherwise within ninety (90) days of the subject lands becoming cha~c~erized as Sewer System Impact Development, the County shall proceed to collect the Sewer System Impact Fee as follows: A. The County shall serve, ~ by certified mail, return receipt requested, a Not,ce of Impact Fee Statement upon the Owner at the address appearing on the most recent records maintained by the Proper~y 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 Building Permit posted at the affected construction site. Service shall be deemed effective on the date~ the return receipt indicates the notice was received by either the Applicant or the Owner, or, if the Building is under construction, the date said notice was attached to the Building Permit, whichever occurs first. The Notice of Impact Fee Statement shall contain Worda~ are added~ words st~uek-th~oa~h are deleted. 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 Sewer 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 Sewer System, the Owner may notify the Office of the County Manager of his intention to submit an Alternative Sewer Impact Fee calculation pursuant to Section 2.04 within thirty (30) calendar days from the effective date of service of the Notice of Impact Fee Statement and thereafter provide an Alternative Sewer Impact Fee calculation within one hu~red twenty (120) calendar days from the effective date of service of the Notice of Impact Fee Statement. 4. The Sewer System Impact Fee shall be delinquent if not paid and received by the County 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 Sewer System Impact Fee shall be subject to the imposition of interest on the unpaid amount until paid. 6. In the event the Sewer 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 Sewer 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 the County, nor has the Owner properly complied with the provisions of Section Words ~ are added; words s~ek-threu~h are deleted. 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, the 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. All 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 Sewer System Impact Fee become delinquent as set forth in Subsection B, the County shall serve, by certified mail return receipt requested, a n~t~ce 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 Property 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 Sewer 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 of their imposition. Thereafter, without further direction of the Board, its staff proceed to expeditiously collect, Words ~ are added; words s~r~ek-~h~e~h are deleted. foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. E. The Utilities Administrator shall file a Notice of Satisfaction of claim of Lien with the Clerk of Circuit Court for recording in the Official Records upon receipt of full payment, for a delinquent Sewer Impact Fee, interest due, and any recording expenses. Said Notice of Satisfaction 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 .4. verbatim. 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 taxes 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 administrative regulation of the State of Florida. SECTION FIVES Section 3.08, Review Requirement of Collier County Ordinance No. 90-87, as amended, is amended as follows: Words ~ are added; words s~r~ek-threugh are deleted. 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 least 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 ~TS% 1.03. The purpose of this review is to ensure that the Sewer 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 S~wer system by users who have heretofore not connected to the Regional Sewer system and who have not paid Impact Fees. In the event the review of the Ordinance requir~'by this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section ~T04 ~.03, revises or changes the Regional Sewer System or alters or changes the amount of Impact Fees, the master plans adopted by reference in Section ~?04 1.03 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section ~=04 1.0~ shall be amended to adopt by reference such updated studies. SECTION SIX: Appendix B, Adopted by Collier County Ordinance 90-87 and as amended by Ordinance 91-51, Regional Sewer System Impact Fee Schedule is amended as follows: APPENDIX B REGIONAL SEWER SYSTEM IMPACT FEE SCHEDULE Pursuant to Section 2.01 of Collier County Ordinance No. 90-87, all Sewer System Impact Development occurring within the Collier County Water-Sewer District shall pay a Sewer System Impact Fee in accordance with the following schedule: Words ~ are added; words st=uck-~h=ough are deleted, Res~den~a~-dwe~½~ng-uni~s ~am~y?-meb~e-~eme-an~-apa~me~ dwe~ng-un~s~ ~s~-bat~eem eaeh-edd~ena~-be~hreem-per-un~e ~SO-ge~s~day~un~ ~40~OO OEWER=-NONrR~S~B~NT~AB-~S~S ............. er-reagan-space-un&es Non-res~den~a~r-eemmere~a~r-e~ee-end ~ndus~e~-~e~et-en~ts-~nee-~e-~ne~ude ~ndus~r~a~-was~e~ ~ee-ga~aay~un~t~ ~T~6e~ee eemme~e½a~-o~-ee½n-epe~a~ea ~aend~y-washe~-un~a ~ee-qa~sfaayfun~ ~8e~ee sea~g-un~s .~S~-ge~s~day~sea~ ~e~ee IMPACT FEE RESIDENTIAL PER DWELLING UNIT $ 1.340.00 NON-RESIDENTIAL METER SIZE finches) 5/8. 3/4 $ 1,340.00 ~ 3,350.00 1-1/2 6,700.00 ~ 10,720.00 ~ 21,440.00 ~ 33.500.00 ~ 67.000,00 ~ ~20.600.00 10 ~94.300.00 12 288,100.00 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 Sewer System Impact Fees. Such collection facilities include, by way 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 -20- Words underlined are added; words s~ruek-~hrough are deleted. 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 associated with the creation or installation of such collection facili~ies~:- SECTXON SEVE~ Appendix C, entitled "Areas Generally Excluded from Imposition of Sewer Impact Fees" of Collier County Ordinance.No. 90-87, as amended, shall be amended as follows: -" APPENDIX C AREAS GENERALLY EXCLUDED FROM IMPOSITION OF SEWER IMPACT FEES Lands within Collier County generally excluded from the definition of Sewer System Impact Development as defined in the Collier' County Regional Sewer System Impact Fee ordinance, Collier County Ordinance No. 90-87: 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 Sewer 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 Sewer System. C. Golden Gate Estates, Unit No. 1, Plat Book 4, Page 73, Public Records of Collier County, Florida. D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public Records of Collier County, Florida. E. Golden Gate Estates, Unit No. 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 7, 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. Words underlin~ are added; words s~ruc~-~h~u~h are deleted. I. Golden Gate Estates Unit No. 28, Plat Book 7, Page 19, Public 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, Pla~ Book 7, Page 58, Public Records of Collier County, Florida. 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 7 Page 21, Public Records of Collier County, Florida. N. Golden Gate Estates Unit No. 33 Plat Book 7, Page 60, Public Records of Collier County, Florida. O. Golden Gate Estates, Unit No. 34, Plat Book 7 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 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 foreseeable future via the Regional Sewer System or any other centralized sewer utility. However, the above exclusions are not absolute and lands lying within the excluded areas which either are required to or request connection to the Regional Sewer System, or otherwise create a growth necessitated demand to expand the Regional Sewer System, shall be subject to the imposition of impact fees under Section 2.01 of the Collier County Regional Sewer System Impact Words underlined are added; words s~-~h~h are deleted. Fee ordinance in the same manner as if said lands were characterized as Sewer System Impact Development. T~---Those--area~--~y~n~-w~h~n--~he-Pe~an-Bay--~mproYeme~ who~M--w~hin--the--eo~ier--Ooun~y--Wa~er-Sewer--Bis~rie~?--the any--j~r~s~ee~on--~r--p~wer-~ver--pr~per%~es-½oca~e~--w~h~n-~he T. Those ar~as~Yinq within the pine Ridge Subdivisio~ as included in Plat Book 3. Pa~e 24 , Public Recovds o~ Collier County, Florida. U. Pine Ridge Extension, Plat Book 3, pa~e 51, Public Records of Collier County, Florida. V. Pine Ridge Subdivision, Plat Book 4, Pa~e 29, Public Records of Collier CountY, Florida. W, Pine Ridge Second Extension, Plat BOOk 10, Pa~e 86, ~)li~ Re~ords of Collier County, Florida. ~. Pine Ridge Second Extension. Plat ~o0k 12, Pa~e 57,~8. Public Records of Collier County, Florida. Exclusion of the platted areas in the Pine Ridge Subdivision recognizes that the nature of the urevious development, Dlattin~ Q~ these areas primarily into large residential tracts, the present zonin~ and constraints of the Comprehensive Plan have ~verelv limited the density and use of these areas in such a way as to make it impractical to serve most of these areas iD th9 foreseeable future via the Regional Sewer System or any other g~ntralized sewer utilitY. ~owever, the abov~ ~K¢~us~ons ar~ not absolute add lands lyin~ within the excluded areas which either are required to 0~ request connection to the Regional Sewer System, or otherwise create a ~rowth necessitated demand to expand the Regional S~wer System, shall be subject to the imposition of impagt ~ees udder Section 2.01 of the Collier county Regional Sewer System Impact Fee ordinance in the same manner as if said lan~$ wer~ characterized as Sewer System Impact Development. -23- ~ords underlined are added~ words ~u~N-e~oug~ are deleted. Y. Those areas lvinq within the Marco Shores Subdivision. Exclusion of the Marco Shores Subdivision r¢~oqnizes tha~ this area is not presently planned to be served by treatDeDt capabilities of th9 Reqional Sewer System. Howewer, the a~gv~ exclusions are not absolute and lands l¥in~,..within~the excluded areas which either are required to or rean~e~t..connection to the Regional Sewer System, or otherwise creat~ -a qrowth necessitated demand to expand the Reqional Sewer System. shall be subject to the imposition of ~Dpac~ fees udder Section 2.01 of the Collier County Reqional Sewer Svstem Impact Fee Ordinance in the same manner as if said lands were characterized as Sewer System Impact DeveloPment. ~_ ~. SECTION EIGHT: Appendix D entitled "Master Plans" of Collier County Ordinance No. 90-87, as amended, is amended as follows: APPENDIX D MASTER PLANS 1. Water Master Plan for Western Colli'~'r' 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 Sewer Master Plan - Feasibility and Impact Study for Sewage Treatment and Collection Facilities for Collier County, Florida, Hole, Montes & Associates, Inc., and PRC Consoer Townsend Consulting engineers, (April, 1986). 4. North County Sewer Master Plan - Feasibility and Impact Study for Sewage Treatment and Collection Facilities for Collier County, Florida, Hole Montes & Associates, Inc., (November, 1989). 5. Collier County Growth Management Plan, ~an?-~989~ (February, 1991). 6. 1992 Water and Sewer Impact Fee Rate Study prepared by Hartman and Associates. SECTION NINE: CONFLICT AND 5EVERABILITY In the event this Ordinance conflicts with any other 51 Words ~ are added; words ~ruc~-~h~ou~h are deleted. ordinance of Collier County or other applicable law, the more restrictive shall 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 TEN: EFFECTIVE DATE This ordinance shall become effective upon receipt of notice from the S_ecretary 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 /6/~4da¥ of~, 1992. ,JAMES C. GILE-~, Clerk BOARD OF COUNTY COM]4ISSIONERS :' ' ' OF COLLIER COUNTY, FLORIDA Apgroved as to form and legal sufficiency: Richard D. Y~vanovich This ordinance filed with th-. Secretu~y of State's Assistant County Attorney /&/~ doy o~ , and ocknowfedge~ ~f -25- Words underlined are added; words ~ruck-~h~eu~h are deleted. STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judic]al Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-92 which was adopted by the Board of County Commissioners on the 10th day of November, .1992, during Regula~ Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of November, 1992. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of ~ ' "",