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Ordinance 90-086 AN ORDIN]tNCE TO BE KNOWN AS THE COLLIER COUNT~ REGION]%L ~rATER SYSTEM IMPACT FEE ORDIN]tNCE~ PROVIDINO DEFINITIONSt RULES OF CONSTRUCTION~ PROVIDINO FINDINOS~ PROVIDIN~ FOR IMPOSITION OF REOIONAL W~TER SYSTEM IMPACT FEES ~ PROVIDIN~ FOR PAYMENT AND USE OF MONIES ~ ALLOWINO ALTERNATIVE FEE CALCULATION ~ PROVIDING FOR EXEMPTIONS ~ PRO¥IDING FOR COLLECTION OF IMPACT YEES UPON CHANOES IN SIZE AND USE ~ PROVIDING FOR AFFORDABLE HOUSING EXEKPTI ON ']~ND--TLFFORDABLE 'HOUS IN~ REIMBURSEMENT~ PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS~ PROFIDINO FOR DEVELOPER CONTRIBUTION CREDITS PROVIDIN~ FOR PAYMENT AND COLLECTION OF W~TER SYSTEM IMPACT FEES ~ PROVIDIN~ FOR REVIEN HEARINGS ~ REQUIRINO ANNUAL RE~IEW~ PROVIDIN~ FOR REPEAL OF PRIOR ORDIN]tNCES RELATING TO SYSTEM DEVELOPMENT CHAROES ~ DECLARING EXCLUS ION FROM ADMINISTRATIV~ PROCEDURES ACT~ PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDIN(] AN EFFECTIV~ DATE. ~;:~n',':~e~' ~n.th~ Ord~nanoe, the follow£ng terms-shall, have .~.£~r~able ]~oua~ng. shall =eana Dwe11~ng~Un~t, wh~ch:ls / .... l~£~,r'~eale or 'rent. for. an amount which ia with[n:.tha: 'ternat~va Water 8ys~em Impaot ~ee" shall mean any ~'er~ative fee calculated by an Applicant and approved by the 8oard lm~rsuant to Section 2.04. ."~te~tive Water S~st~ ~paot Fee Stud~" shall mean a prepare~ ~ an Applicant or ~er an~ submitted to the ?Co~ty Manager p~suant to Section 2.04. "~pl~t" shall mean ~e person who applies for a Building " ~'~, ="BO~" shall mean ~e Board of Co~ty Co~issioners of 'C°11t8rC~ty, Florida. ~ere ~e conte~ ro~tres, the te~ ahall also ~ deemed to include ~e Governing Board of ~e :CollierCowry Water-Sewer District. "~Ald~ shall mean any st~ct~e, either tempora~ or , built for ~e suppo~, shelter or enclos~e of Persons, .~ or prope~y of any kind, or any o~er tmprov~ent, us~, ~r. s~~e which creates or increases ~e potential demand on ~m water utility system operated by ~e Collier cowry .'..".'Water-Sewer District or Collier County or ~. ~is te~ shall ~nclude ~ailers, mobile homes or any vehicles se~ing in any way ~n f~m~tton of a Building. ~ts tn~ shall not include temporary .: sheds or trailers erected to assist in const~ction '' ~d ~n~ained d~ng the te~ of a Building Pe~it "~ld~ng Pe~t" shall nean an official dec. net or ~te issued by ~e au~ority having J~tsdtct~on, ~e cons~ction or siting of any building. For ~es of ~is Ordinance, the te~ "Building Pe~it" shall also ':~ include tte-do~ pe~tts for those st~ctures or buildings, such ....'.MO~.ile.~. Home, that does not otherwise require a Building .in order to be occupied. :~;.?,? :#Co~prehensive Plan" shall mean the Comprehensive Plan of the ['county adopted and amended pursuant to the Local Government ':"'C°mPr~'lenstve Plarmtng and I.~nd Development Regulation Act. ~..:~i:j' ~Cou~t~' shall mean Collier County, a political subdivision ~. of the State of F!ortda. ~,~lhere the context, requires, the tea '~ shall also be deemed to include the Collier County lever District. #C~o'~], Attorney- shall mean the Person appointed by the ~!l~ard. to se:~e as Its counsel, or the designee of such Person. '".... #O0~ty Manager,, shall mean the chief administrative officer i~i.o£ the County, appointed by the Board or the designee of such ~.:! ~Dlstrlot" shall moan the Collier County Water-Sewer , a political sul:~ivtston of the State of Florida, whose !i'~overntn,:j' l:}o~rd is ex-officio the Board of County Co~tsstoners of County, Florida. g Un'it,, shall mean a Building or portion of a :/'~utldtng designed for or whose primary purpose is for residential and which consists of one or more rooms which are designed or used as living quarters for one or more ~B~ol~bere~" shall mean moneys committed by contract or order in a manner that obligates the County to ex~end the ~.:~?:'-.encumbered amount upon the delivery of goods, the rendering of (:' services or the conveyance of re'al property interests by a vendor, , contractor or Owner. #Florid& Looal Government Development Agreement Act" means -provisions of Sections 163.3220 through 163.3243, Florida (1989), as amended or supplemented, or its successor in :Son. '-<." .~ .".Impaot Fee" shall mean the fee imposed by the County .i::l:~lrsuant to Section 2 01 of this Ordinance. The term impact fee ~ be synonymous with the term "'S~stem Development Charge', as :'USed tn this or prior ordinances relating to the subject matter .addressed by this Ordinance. <.. t~Local Oovernment Comprehensive Planning and Land Development l~eg%llation Act" means the provisions of Part II, Chapter 163 .Florida. Statutes (1989), as amended or supplemented, or its ...'~ccessor in function. ::';~ ' t~Mobtle llome~ me~ns manufactured homes, trailers, c~pers or ~iJrecreattonal vehicles. For the purpose of imposing impact fees r~lative to Travel Trailers, which are otherwise herein ~!'enoo~passed by the term "mobile home", Travel Trailer lots or .~.Paces shall be classified in conformance with the definition of :,,:::~/le provided for in the County's zoning regulations and Lye Plan. .."Owner*" shall mean the Person holding legal title to the real for which impact fees are paid. ';~!-:.:......... "Person" shall mean an individual, a corporation, a i'~a=nership, an incorporated association, trust, or any other dhtity. .: .. "aegtonal Water system- shall mean the water utility system .y connected to treatment .facilities operated by the Collier Water-Sewer District or Collier County or both. ~:}:~!:.}}}.!,i,"Ut~l~ttes A4mintstr&tor" shall mean the Person appointed by .Board or the County Manager to supervise the administration, Ions and acquisitions of ~he Regional Water System or the of such Person. ~,:..:.'."ll'ater llllrsta Impact Development" :shall mean development upon J%~tthtn the Collier County Water-S,ewer District, exclusive of t,the lands encompassed by the areas described in Appendix C, which shall'be subjected to the payment of impact fees under this or its predecessor tn function upon the first occurrence any of the following: ~.~ .:~:.' (a) Whenever any existing Building or structure, '~ ~,-~;~.' which has not previously paid system development charges or ~mpact fees under this Ordinance or its predecessor in function, connects to the Regional Water System; or (b) Whenever any existing Building, structure or applicable improvement which is connected to an interim water system is connected, eith,~r directly or indirectly, to the Regional Water System; or (c) Whenever any person applies for a Building Permit to construct a Building, structure or applicable '~:~.' . improvement within the boundari,r~$ of the Collier County ? Water-Sewsr District, even thou.th the subject lands may receive interim water service f:rom a source other than the Collier County Water-Sewer Dist:rict; or (d) Whenever a person applies for a Building Permit ~.'.~...? ~ < to alter an existing Building, structure or applicable .?- improvement already connected to the Regional Water System, ),~. '. where such alteration increases the potential demand on the ~.~... Regional Water System. ' The exclusion of the development upon the lands encompassed by ,the areas descril~d in Appendix C ts not absolute. Development upon ~lands lying within the Collier County Water-Sewer District, ;~°ludtng but not limited to the excluded areas described in ~?:'Appendix C, which either ~s required to or requests connection to tho Regional Water System, or otherwise creates a growth '~ 'necessitated demand to expand the Regional Water System, shall be eot to the imposition of impact fees under Section 2.01 of this ~"ordtnance tn the same manner as if said development was :characterized as Water System Impact Development. Seotton 1.02. Rules of Construotion. .... ~or the purposes of administration and enforcement of this , unless otherwise stated in this Ordinance, the " following rules of construction shall apply: A. In case of any difference of meaning or implication ~be~ween.... the text of this Ordinance and any caption, iljustration, " ;endtx, summary table, or iljustrative table, the text shall [trol. .?/.'B; The word "shall" ts always mandatory and not and the word "may" is permissive. [?i' :.C. Words used in the present tense shall include the future; words ~sed in the singular shall include the plural and the p1%~ral the singular, unless the context clearly indicates the ~se of the masculine gender shall include the feminine The phrase "used for" includes "arranged for," "designed '..,, I. Unless the context clearly indicates the contrary, where .atto, tnvol~e.s two o3 more items, conditions, provisions, 'events connected by the conjunction "and," "or" or neither...or", the conjunction shall be Interpreted as follows: · 1. "And" indicates that all the connected terms, ~ conditions, provisions or events shall apply. ,;..; .. 2. nOr" Indicates that the connected terms, conditions, .. provisions or events may apply singly or in any combination. ~ a. "Either...or" indicates that the connected items, "? conditions, provisions or events shall apply singly but not in ..!-'O. The word "includes" ~ha11 not limit a term to the specific e a ple but is intended to extend its meaning to all other, instances or circumstances of like kind or character. . O. The terms "growth", "growth necessitated improvements", .,.~future growth" and the like shall refer, and be construed as ';referring to Water System Impact Development either occurring or ,,connecting, either directly or indirectly, to the Regional Water 'System subsequent to the effective da~e of this Ordinance. ;..~'I~ is hereby ascertained, determined and declared that: .~' "~t. The Florida Legislature'has adopted growth management tslatton which requires local governments to plan for and provide ~ital infrastructure facilities such as water and sewer B. The Board has alternative, c~aulative and supplemental to plan for and provide water and sewer systems under the ;Laws of the State of Florida, includin,l but not limited to 125, 153 Par~ II, i63, and 380, Florida Statutes~ Chapters 67-1246, 78-489 and 88-499, I~ws of Floridal and ".'~'tiole VIII of the Constitution of th0~ State of Florida. ~!:i'i"~';.~, C. Collier County land development regulations and policies "i:~:' require Persons to install, use, operate or employ interim water facilities when such Persons choose to develop lands in of the expansion of the Regional Water System within the '-.:~ 1~o Collier County land development regulations and policies :~require that Owners of lands connected to interim water facilities disconnect from such facilities and connect to the Regional Water Byst~m whenever the Regional Water System l:~comes available within the District. .,., ~. I. Future demand represented by Water System Impact Development should contribute its fair share to the cost of ~.~/i~proveme:.~ts and additions to the Regional Water System which are /~: required to accommodate the use of the Regional Water System by such ~". :~. Implementation of an Impact Fee or System Development tO require Water System Impact Development to contribute its f~tr share of the cost of Improvements and' additions to the Regional W~ter System is an integral and vital element of the regulatory plan , management incorporated in the Comprehensive Plan. ., ~. Capital planning is an evolving process and the level of ~Servlce identified in the Comprehensive Plan for the Regional Water System constitutes a projection of anticipated need for water treat~nent and transmission facilities, based upon present knowledge and the dynamic nature of population growth, it is the intent of the '~'..]iBOard that the level of service for the Regional Water System and ,....~/the Impact Fee imposed be reviewed and adjusted periodically, ~ ipursuant to Section 3.08, to insure that the Water System Impact Fees are imposed equitably and lawfully, based upon actual and .anticipated growth at the time of their imposition. ..' H. The imposition of the Water System Impact Fee is to provide source of revenue to fund the construction and improvement of the ional Water System either necessitated by growth or as delineated ~n'the Capital Improvement Element of the Comprehensive Plan. I. The Regional Water System is intended to ultimately provide · services for all citizens of th~ Collier County Water-Sewer District alld that the presence of the Regional Water System enhances and benefits the health, safety and general welfare of all citizens of 'the County. The Board specifically finds that the development of a 'Regional Water System enhances and benefits the health, safety and welfare of the residents and landowners within the Collier Water-Sewer District. This Ordinance shall not be construed to permit the of Water System Impact Fees from Water System Impact ~" Development in excess of the ~mount reasonably anticipated to offset PAG~ 'on the Regional Water System generated by Water System .Dev¢lopment either occurring or connecting to the Regional water· System subsequent to the effective date of this Ordinance. .:~.... ~ii~.· F,. All improvements and additions to the Regional Water System to eliminate any deficiency between the existing Regional System and the standard of service as adopted in the "~.,~i I Compr~hensive Plan, shall be funded by revenues other than impact "fees. Any revenue derived from the Water System Impact Fee shall be only for the acquisition of improvements and additions to :::'.~.the Regional Water System which are necessitated by Water System ~::~,' I~act Development either occurring or connecting to the Regional i;i'i' Water System subsequent to the effective date of this Ordinance. L. It is hereby declared to be the policy of the Board that the improvements and additions to the Regional Water System, ~/required to accommodate future connections or demand by Water System Development, shall be funded entirely by the revenue derived · fro~ the Water System Impact Fee. Therefore, no credit shall be given for any tax revenue sources which may have been utilized in ,'prior years for the funding of Regional Water System improvements or additions. In the event that this policy is altered by the subseq%~ent action of the Board or if grant money is received and ~'i[?/committed for growth necessitated improvements and additions to the "R~eg~0nal Water System, the Water System Impact Fee shall be adjusted ."'at' the annual review required pursuant to Section 3.08 and credit be given for any tax revenue which has been utilized for required improvements and additions to the Regional Water 10 ' :~'.~ ~i~tons in ~i~ Ordinance relativ~ to developer credit represent [~ovative land development radiation ~e ~al ~ver~ent Comprehensive Planning and ~nd ~velO~ent R~lation Act ~nco~ag~s local gov~r=~nt to ~m~loy via .'l~d develo~ent re~lations. Lon-.l~ 03 ~-- .Rea~opt~on an~-~tif~cation of ~ster.-Plans. · ' ~e Board hereby readopts and inco~orates, by reference, the ....'..,~ plans listed in Appendix D of this Ordinance parti~larly the ;ass~tions, conclusions and findings in such studies as to the dete~ination of anticipated costs of the additions to the Regional and Sew~ Syst~ re~ired to acco~ate ~o~ contemplated ~' C~pr~sive Plan. ~e Board f~r inco~orat~s by ~e Compr~ensive Plan as amended or supplemented, or its ~s~or in f~tion, as it r~lat~s to im~rov~m~nts and ad~itions 'Se~on ~. 01.. ' ~position. .L.~: 1. All Water System I~pact Development occ~ring within the t".~ooora~no~ wi~ ~h~ soh~aul~ sho~ on AE~ndix B of thi~ .]~' ~e Water Syst~ Impact Fee sh~11 be ~aid in addition to '°~er fees, charges and assessments due for the issuance of a ~Building P~mit and is intended to provid~ funds only for ~o~ improv~ments and additions to' the Regional Water ~o ~ccept as othecvise provided in this Ordinance, prior to ilSuance of a Building Permit where applicable, all Applicants or ~Owners, as the case may be, shall pay the Water System Impact Fee as set forth in Section 2.01. .... ~. B. Su.b~ect to an availability of funds, the CoTmty may enter .~A'~tO agreements to extend payment of Sewer System Impact Fees over a · .~ 'period not to exceed five years with Owners of existing Buildings, structures or applicable improvements which are required to connect "to the Regional Sewer System. Prior to the County entering into any agreements to extend payment and from time to time thereafter the '.Board shall identify a specific source of funds to be used relative to providing extended payment and 'the cost of such funds, including all expenses or costs incidental to obtaining or providing same, the ii~Anterest rate that the Board or the Utilities Administrator will employ in offering extended payment with interest and a reasonable or description of the administrative costs or expenses alsoolated with administering the extended payment alternative. '"'.' ..... X. "Z"he Co~nty sba'Il only enter into agreements to extend . payment of the Sewer System Impact Fee to an Owner of existing ,.';' . .':.':~ Buildings, st]."~ctures or applicable improvements, where the ,,. Owner satisfactorily demonstrates a financial inability to pay, ~.,.~, or hardship which would arise from paying, the entire Impact Fee ~'~'"" at the time of connection. ...~,~,~. 2. The amount of payment, including any title verification "- 'expenses, recording fees, and a reasonable estimation of the ..~ /' cost and expense associated with providing an extended payment ~l~e~rnative, shall be paid in equal monthly payments with an ~annUal interest rate as determined and promulgated by the Board. The interest rate charged shall be representative of the County's cost of funds, including all expenses or costs ..incidental to obtaining or providing same, if any. With-the'-exception-'of-the--approval*' and"execut ton-Df .... agreements, or an aggregation of related agreements, with a face amount in excess of $6,000, the Board hereby delegates to the Utilities Administrator the power and authority to enter into and release such extended payment agreements in conformance with the provisions of this Ordinance. The agreement, and any other as~ociated documentation, shall be in a form approved by the · Board and acceptable to the County Attorney and the agreement ~' shall be recorded in the Official Records upon approval of the i,.g!~, Utilities Administrator .~.,,.. 4. For an agreement, or an aggregation of related agreements, to extend payment of impact fees with a face amount in excess of $6,000 the County shall require the procedure and do~uaentation for extending payments to substantially and reasonably conform to generally accepted and reasonably applicable commercial lending practices, including but not limited to the requirement for acceptable personal guarantees from one or all of the Owners or individuals owning a beneficial interest in an entity Owner. At its sole option the County may contrac~ with outside counsel or a servicing agent to prepare · uch do~:mentatton and to advise the County relative to confomanc~ with generally accepted co~erctal lending practices ~nd'the costs of same shall be borne by the Owner. ~:~ 5. In recognition that the payment of the Sewer System Impact Fee for existing mobile home park or rental housing will in some manner be passed through to the occupants by an Owner, and in recognition that if such pro-rata Impact Fee pass-through .':', is collected as one single payment by the Owner that such a pass-through may cause financial hardship on these occupants, the Board, in its sole discretion, may require the O~ner to covenant and agree, for the benefit of ail affected occupants, to.pass through entirely and on the same terms all the benefits of any extended payment of the Impact Fee to the affected ~o The obligation for payment of the Water System Impact Fee and the benefits derived therefrom shall run with the land. ' D. In the event that a valid Building Permit for which a Water ~., ~Systmm Impact Fee has been paid, expires prior to the initiation of i.the construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a ref~l'ld of the Water System Impact Fee. 1. The application for refund shall be filed with the Coulaty Manager, on a form ~pproved by the County Manager, and ~.~'" contain the (al A sworn statement representing that the "" information contained on the application for refund ~'~'. is true and correct; ' (b} The name and address of the applicant; (o) The location of the property which was the ...'" mubJe~ of the Building Permitl ,::.:~. (~) The date the Water .Systeu Impa~t Fee was patdl '' {e) A copy of the receipt cf payment for the Water ~ ~. ' . System Impact Fee, or such other record as would ·.:. ',,.%,. indicate payment of such fee; and :: · (f) The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and ",. that the construction has not been commenced under the subject "BUilding Permit, the County Manager shall cause a refund of the '~'...~ subject Water System Impact Fee. 1. A Building Permit which ts subsequently issued on the '~.I,.,"-- same property which was previously the subject of a refund ,~?. ihall then pay the Water System Impact Fee as required by The Board hereby confirms the establishment of a separate tr~st account for the Water System Impact Fees, which shall be separate and apart from all other accounts of the County. ' ~.:,.' , "~ · All. much Water System Impact Fees shall be deposited Into such trust immediately upon receipt. B. The monies deposited into the Water System Impact Fee trust aCcOm'~t shall 1:~ used solely for the purpose of providing growth Necessitated capital improvements and additions to the Regional Water Including, but not limited to: .~.~-.. 1. Design or construction plan preparation; ~.. ~. P~rmitting and fees; '$.. Land acquisition including any costs of acquisition or ~'Condemmtion; :.~, 4. Construction and design of Regional Water System ~:}.~n/ildtngs, facilities or improvements and additions thereto; ,! ~, $. Design and construction of drainage facilities required ,.,~.:..','by the construction of Regional water system buildings, ~-t,,." fa,ilities or Improvements and additions thereto; &. Relocating utilities required by the construction of Regional Water System buildings, facilities or improvements and additLons 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 testing and the evaluation and development of raw water resources and supplies; 10. Acquisition of plant or equipment necessary to expand the Regional Water System; 21. Repayment of monies borrowed from any budgetary fund of ith& County, including monies borrowed subsequent to the adoption of this Ordinance or its predecessor in function, which were used to fund growth impacted improvements and additions to the Regional Water System as herein provided; 1~. Payment of principal and interest, necessary reserves 'and costs of issuance under any bond~ or other indebtedness issued by the County or District to fund growth impaCted ~mprovements and additions to the Regional Water System; and 13. Reimbursement of excess Developer Contribution Credit to Section 3.06 or Impact Fees paid on Affordable ~i~Oustng pursuane ~o Section 3.04. ,~.,; ~'i.~,.O. Funds on deposit in the Water System Impact Fee trust shall not 1:~ used for any expenditure that would be classified as a maintenance,or repair expense. i:;!i '" aCCount shall be used solely to provide improvements and additions · , Regional Water System required by growth, generated by Water :SYStem Impact Develol:ment, and including but not limited to expected "'~'growth addressed tn the master plans listed In Appendix D of this :~dinance. · o Any funds on deposit which are not Immediately necessary for.expenditure shall be Invested by the County. Ail income derived..' fro'l~ such Investments shall be deposited in the Water System Impact 'Fee trust account and used as provided herein. ~o Any person who is the current owner of the property on i.!~1~1~ of which a System Development Charge was patd~ pursuant to 'Collier County Ordinaries ~oo 86-66, as amended by Collier County ..'Ordinance ~o. 87-45 and Collier County Ordinance ~o. 88-~, and was i':~ issued a certificate of occupancy thereunder for a Building, ~:.-structure, or alteration prior to Dece~:~er ~1, 1997 shall ~e tble for a refund upon making a timely petition for refund, if ?the'Building, structure or alteration either was not authorized to :.. ¢onllect to the Regional Water system by December 31, 1997, or if the ~ounty does not hav~ an approved plan for connection of the ;i'. u~ldtng, structure or alteration to the Regional Water System by 31, 1997. Refunds due under these circumstances shall be ~": : 17 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 ~% . Dece~a~er 31, 1997 falls. ~" 2. The petition for refund shall be submitted to the County l~ager, on a form approved by the County Manager, and shall contain: {a) A sworn statement that the petitioner is the Ii'.. 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; · .: .... (o) A certified copy of the latest recorded deed or ~'".. other instruments evidencing title; a representation t_hat 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 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 the status of the System Development Charge requested for refund, and if such charge has 18 ffi 041 , 155 not been expended or encumbered within the applicable time ~,i,,,,.'period, then it shall be returned to the petitioner. For the i:i?.:, purposes of this Section, charges collected shall be deemed to '~};':i". be spent or encmml:~red on the basis of the first fee in shall '" be the first fee out. G. The Impact Fees collected pursuant to this Ordinance shall 'returned to the then current Owner of the property on beha-if of such fee was paid if such fees have not been expended or ,~iencumbered prior to the end of the fiscal year t~edtately following the seventh anniversary of the date upon which such fees were paid i{!a~d & timely petition for refund is made. Refunds shall be made tn accordance with the following procedure: ,.,..;. ~. The then current Owner shall petition the Board for the ,.:~,~ refund prior to the end of the fiscal year t~mediately ~' ,~,· following the end of the fiscal year in which the date of the ~'~ '~ seventh anniversary of the date of the payment of the Water .,,.....~ ~ystem Impact Fee occurs. j,, ~. The petition for refund shall be submitted to the County '"('~ l~nager, on a form approved by the County Manager, and shall conta tn: .~'~,'"'. ~ (a) A sworn statement that the petitioner ts 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; (o) A certified copy of the latest recorded deed or ~'~: 19 ffi 15B , other instruments evidencing title; a representation -¢ that the most recent recorded deed or other ./" instruments evidencing title 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 '.:,f',i to any refund from the County; (~) A copy of the most recent ad valorem tax bill. i~· S. Within ninety (90) days from the date of receipt of a ? petition for refund, the County Manager will advise tho '~ petitioner and the Board of the status of the Impact Fee · requested for refund, and if such Impact Fee has not been expended or encumbered within 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 property from later being subjected to payment of impact fees ~nder this Ordinance upon otherwise being characterized as Water Impact Development. i.~/~.,."I. Any Owner entitled to a refund who fails to timely petition · 'for a refund u~on becoming eligible to do so shall be deemed to have waived any claim for a refund, and the Ccunty shall be entitled to i~r~tain and apply the impact fees for 'growth necessitated capital and additions to the Regional Water System. 2.04. Alternative 7ee Calculation. (1. In the event an Applicant or Owner believes that the impact t0~the Regional Water System necessitated by his Water System Impact !'l~velor~ent ts less than the fee established in Section 2.01, such or Owner may submit a calculation of an Alternative Water Impact Fee to the Office of the County Manager pursuant to .provisions of this Section. ~. '" B. In the case of new construction, any right to submit an Water System Impact Fee shall be deemed to have been .Waived, elq:~tred, and such calmllatton shall not be considered by the if not properly and timely made prior to the Issuance of a BUilding Permit. ;~.,;... 'O. In the case of existing Buildings, structures or applicable :}rovements which are required to connect to the Regional Water .' "System, any right to submit an Alternative Water System Impact Fee ~'Shall be deemed to have been waived, expired, and such calculation shall not be considered by the Board if within thirty (30) calendar days from the effective date of service of a "Notice of Impact Fee '.i',!,/'i.~;:~.tatemsnt".. under Section 3.05 hereof, the Owner does not notify the Office of the County Manager in writing of his intention to submit rnative Water System Impact Fee calculation. Any Owner who, ~..llndsr such cir~lmstances, proporly notifies the Office of the County :-.,~'Manager. of his intention to submit an Alternative Water System i'imPact Fee calculation shall submit the Alternative Water System ~act Fee calculation and Alternative Water System Impact Fee one hundred twenty (120) days of service of a "Notice of Fee Statement" under Section 3.05 hereof, or any right to 21 158 an Alternative Water System Impact Fee shall be deemed to waived, expired and euch calculation shall not 1~ -~ by the Board. . D. Upon timely submission of an Alternative Water System Fee calculation, the basis therefor and receipt of the !Alternative Water System Impact Fee, the County Manager shall ~:'~chedule a hearing before the Board at a regularly scheduled meeting or a epectal meeting called for the purpose of reviewing the :Alternative Water Syetem Impact Fee and shall provide the petitioner .Written notice of the time and place of the hearing Such hearing 8hall be held within thirty (30) days of the date the Alternative Water System Impact Fee was submitted. · ~. The Alternative Water System Impact Fee cal~.Alation shall ~i.~'i~be based on data, information or assumptions contained in this , the master plane referenced in Appendix D, as amended ~ 'from time to time, or an Alternative Water System Impact Fee Study based upon an independent source, provided that the independent source is a local study supported by a data base adequate for the ..i:,.10onclusions contained in such study, performed according to a ~generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. The independent source must provide 0ompetent substantial evidence that the Alternative Water System ImPact Fee represents an eguitable pro rata share of the cost of ktal improvement& and additions to the Regional Water System ;'.~ecessitated by the subject. Water System I~pact Development. ~ If during a prior Alternative Fee Calculaticn process an Alternative Water System Impact Fee Study substantially iconststen~ with the criteria required by this Section has been "'aoc.~pted by the Board, and if such study is determined by the Board 1~. no~ ~"rent and applicable, the Regional Water System impact :'Such previously approved Water System Impact Development shall be to be as descrtbed.-tn-the--prior.-etudy.. .... In, such-circum---------- ,:.stances, an Alternative Water System Impact Fee shall be established .~ting the impact described in the prior study. There shall be source conducted and accepted by the Board more than two ~ilyears earlier is invalid. .i.';i'' ~. If the Board determines that the data, information and ::iassumptions utilized by the Applicant to calculate the Alternative System Impact Fee complies with the requirements of this Section and that the Alternative Water System Impact Fee was · ,,?calculated by the use of a generally accepted methodology, then the Alternative Water System Impact Fee shall be paid in lieu of the fee ':fo:~r.h tn Section 11.01. i';i,'i:::~' X. If the Board determines that the data, Information and assumptions utilized by the Applicant to calcmlate the Alternative Water System Impact Fee does not comply with the requirements of · this Section or ts otherwise not equitable or that the Alternative tystem Impact Fee was not calculated by the use of a generally '&cCepted methodology, then the coUnty shall provide to the Applicant .certified mail, return receipt requested, written notification of ectl0n of the Alternative Water Syste~ Impact Fee and the therafor. the sole discretion of Board the alternative impact fee hearing may be adjourned or continued for up to thirty (30) to cause further study or scrutiny of any proposed Alternative :Water System Impact Fee or Alternative Water System Impact Fee Study /.by. either County staff or outside counsultants. The final decision of the Board shall be in writing and issued within twenty (20) days of the review hearing. ..-.. / 5. Any Applicant or Owner who has submitted a proposed ~Alter~attve water System Impact Fee pursuant to this Section and the immediate Issuance of a Building Permit shall pay prior .to or at the time the proposed Alternative Water System Impact Fee .8~ Submitted the applicable Water System Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest~ and · sh~11 not be construed as a waiver of any right of review. J~y ,:'difference between the a~ount paid and the amount due, as determined ! · !';~i'./.by the Board, shall be refunded to the Applicant or Owner. :~: ,,, ARTICL~ III ~. The following shall be exempted from payment of Impact ~!..~.%'?. 1. Alterations or expansion of ~n existing Building, ~.~. i stru~q:;ure or improvement Where no additional de.nd on the :'~ ...Regional Water System is or wi'll Be created. 1. The construction, of ac.cessory Buildings, structures or 24 i~provements which will not create an additional demand on the '~Rsgional Water System. -~ S. The replacement of an existing Building, structure or improvement which has previously been subjected to an impact fee or system development charge payable to the County where no additional~demand .is..or-.will-be created-on ..... the--Regionat~.Water--- 4. Buildings, structures, or improvements, either existing or which have been issued a Building Permit for which construction is proceeding in good faith, previously served by a utility service provider other than the County, provided that at the time the County formally resolves to acquire the utility, the Board, in good faith, expressly declares its intention to operate said utility as a component of the Regional Water System and not immediatoly dismantle and .. disconnect from the acquired utility's treatment facilities. $. Absent an express written agreement or site specific land development regulation to the contrary, Buildings, structures, or improvements, either existing or which have been issued a Building Permit for which const~.~/ction is proceeding An good faith, previously served by the City of Naples where the County and the City of Naples have reconfigured service and/or ~ervice areas. 3.02. Changes of SAse and Use. A. Impact fees shall be imposed and calculated for the .alteration, expansion or replacement of Water System Impact ?.Development which will result in a land Use determined to create an 25 demand on the Regional Water System. Whenever any person~ 8s for a Building Permit to alter, expand or replace a Building, stru~--q:ure or apglicable Improvement of Water System Impact ~v~lo~nt land, ~v~n though the subject lands may r~c.iv~ interim se~tce fr~ a so.ce o~er ~n the Collier Co~ty ~-Sewer Dts~ct, ~e Impact Fee ~mposed shall be calculated on [~e"entirety of ~e lands subject to ~e Building Pe~tt. ~ere the ~}?~'.'alteratton, e~a~ston or replacement oc~s on lands for which a Water System Impact Fee has already ~en paid, the Impact Fee ./~.'~sed shall ~ only upon ~e additional demand created by the alteration, e~anston or replacement. · ~. ~ B. No ref~ or ~edtt shall ~ afforded an o~er or applicant ?in'~e event of a d~tnutton of use ~rs after the Sewer System ~ses of ~ts Section, fees collected shall be deemed to be spent ;end.red on ~e ~sis of ~e first fee tn shall ~ ~e first ,e Ou . ' A. Monies ref~ded tn accordance wt~ Subsections F and G of ...;~ :~o~ion 2.05 ahall ~ paid wi~h interest. In~area~ paid pursuan~ ~is S~sectton shall ~ paid at ~e rate of eight percent (8%) ~le' ~nterest. ~~ ~, provI~ for tn 8ub~ctton ~ of tht~ ~ton, no ~h~ll ~ p~t~ upon ~, r~turn of ~at~r S~t~ I~p~e~ ~. .. 3.04. ~ford~le Housing. ~;~ ~ 'a. ~e Cowry shall exemgt from tho pa~nt of ~e ~:':8ystem Impac~ Fee any new Water System Impact Development which .~fies. as Affordable Housing and which the construction of such System Impact Development is funded in whole or in part by received pursuant to a direct grant or subsidy from the United ~States, Department of Housing and Urban Development, or from any dire~t grant or subsidy program of the State or County created to Is ~t_. ~_n._the_.construct ion. _0 f_A.f f ordab 1 e..Hous t ng. __ .... I. 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 (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; (0) The nature of the governmental grant or subsidy, including any terms, restrictions or conditions as to its use; (4) Documentation evidencing finalization of approval for the governmental grant or subsidy; (e) Proposed use of the governmental grant or (f) 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 27 " (g) The number of bedrooms in each D~elling Unit of ~ ~e Water System Impact Development. 2. If the proposed Water System Impact Development meets ~,. ~e retirements for an Affordable Housing Exemption, then the ... Co~ty ~nager shall issue an Impact Fee Exemption. ~e Impact ~,~:,.' . Fee ~t~on shall ~ presented in lieu of pa~ent of ~e ~' Water Syst~ Impao= Fe~ p~suant to Section 2.02. . B. ~e Co~ty shall rei~se to the Applicant the Water System Impact Fee for any Water System Impact Development which will ~ sold or rented for an amount which ~alifies as Affordable ;,,:. ,~... ~. ~y Applicant se~ing a rei~s~ent of ~e Water . . Syst~ Impa~ Fee for a proposed Water System Impact ' Develo~ent shall file wi~ ~e Co~ty ~nager an Application for Re~s~ent prior to receiving a Building Pe~it for ~e :':?~;,:, .. pro, smd Water Syst~ Impact Development. ~e Application for '~,',, Re~sement shall contain ~e following: (m) ~e n~e and ad,ess of the ~er; (b) ~e legal description of ~e Residential Property upon which ~e Water System Impact ,.~ Const~ction shall ~ const~cted; (o) ~e proposed selling price if the Water System Impact Development will ~ offered for sale or the proposed rental price if the Water System Impact ~velopment will ~ offered for rent; and (~) ~e n~r of ~drooms in each ~elling Unit of the Water System Impact Development. · '~ If the proposed Water System Impact Development meets ~ the preliminary requirements for an Affordable Housing ,:!:~ Rei:~m.~'sement, then the County Manager shall issue an ~. Authorization for Reimbursement to the Applicant for the ,,.,~ 'proposed Water System Impact Development. <.. S; .... 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 :.,th~s Ordinance. ._./-,, 4. If the Water System Impact Development is being offered t~"? · ,~ 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 Impact 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 documentation '",~' within 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. · 8. If the Water System Impact Development will be offered ~ for rent, the Applicant may obtain a reimbursement of the Water i:':: 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 ?iOalendar year, or for that portion of the initial calendar year for which the Water System Impact Development is rented. Such ~documentatton shall be submitted within ninety (90) days of the end of the calendar year. Fat lure 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 Water System Impact Fee paid. &. 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 rental receiv,d per Dwelling Unit for the entire calendar year was within the limits established shall waive the Al~lt~nt's right to reiml~lrsement in that and any subsequent ?. 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 collected pursuant to Section 2.01. S. The right to reimbursement shall be only available to the .Applicant as stated on the Application for Reimbursement 'a~dmay not be transferred, sold or assigned to any other ~" ~.. ~. For a Water System Impact D~velopment project to receive an Housing Exemption 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, and .,.~that such restriction must continue for a period of seven years from '"'the issuance of the Building Permit. Such restrictions must be .~. contained within the deed for the Water 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 '.~':Systam Impact Development project. No Affordable Housing Exemption nor Affordable Housing Reimbursement shall be granted for 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 Reimbursement, all payments which are required to be ~ade by a tenant as a condition of residing at such Dwelling Unit :.'~hall be included. I. For a Water System Impact Development project which 'receives an Impact Fee Exemption or an Affordable Housing :i." 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 wa~ exempted or reimbursed. . F. For the purposes of this Section, site acquisition, site Lopment, site preparation and infrastructure construction eite preparation and infrastructure construction for a Water System Impact Development shall be part of the process. ~. An Applicant who has been denied an Impact Fee Exemption or Authorization for Reimbursement may request a review hearing on decision~pursuant to..Section-.$.07.. .'~ H. Although this Section is aimed at addressing new Water · 'Systo~ Impact Development which is characterized as affordable ~.ho~sing herein, the Board shall have the discretion, and not the obligation, to consider and grant requests for exemption or for existing dwelling units which are characterized as i~Water System Impact Development, provided such housing otherwise Beets 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 cor~ection of the dwelling units to the Regional Water System. Ioat~on 3.0S. &lternat~ve Colleot~on Method. In the event the Water 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 characterized as Water System ,i. Impact Development, the County shall proceed to collect the Water Impact Fee as follows= .~. A. The County shall serve, by certified mail, return receipt , a Notice of Impact Fee Statement upon the Owner at the address appearing on the most recent, records maintained by the A~raiser of the County. If tho building is under , the County shall also serve, by certified mail, return 32 ~requeste~,,. a Notice of Impact Fee Statement upon the )licant at the address set forth in the application for Building ex. it and make a diligent effort to also attach a copy of the 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 the Applicant or the Owner, or, if the Building is under , the date said notice was attached to the Building Lt, whichever occurs first. The Notice of Impact Fee Statement I contain a reasonable legal description of the property and i ihall advise the Applicant and the Owner that.' :,, 1. The amount due and the general purpose for which the '~<:~ Water System Impact Fee was imposed; ~.:': 1. 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 applicabie 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 days from the effective date of service of the Notice of Impact Fee Statement and thereafter provide an ;' Alternative Water Impact Fee calculation within one hundred twenty (120) calendar days from the effective date of service of the Notice of Impact Fee Statement. 33 4.. The Water 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 Foe Statement if a hearing is not requested pursuant to ~,~:~ . Sections 2.04 or 3.07. · ,C~, .~,.~.. . 5. Upon becoming delinquent, the Water System Impact Fee !.:'~shall be subject to the imposition of interest on the unpaid . >.' &mount until paid · ' I. In the event the Water System Impact Fee becomes .... ' ~eltnquent, 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 .. and received by the County, nor has the Owner properly' complied the provisions of Section 2.04, nor has a review hearing been ',~'/requested pursuant to Section 3.07. In the event a hearing is ,rec/uested pursuant to Sections 2.04 or 3.07, the unpaid Impact Fees ~'ha~l~. become delinquent if not paid within thirty (30) days from the 'i~ate the Board determines the amount of Impact Fees due upon the [on of such a hearing. All time periods contained within this shall be calculated on a calendar day basis, including i'S'~daYs and legal holidays, but excluding the date of the earliest 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 ~lSte falls on a Sunday or legal holiday, the last due date prior to ,becoming delinquent ~hall be the next business day. Upon becoming B4 the Impact Fees shall bear interest at the statutory rat final Judgments calculated on a calendar day basis, until paid. ~,,. ~, O. Should the Water Syst?m Impact Fee l~come delinquent as set !iorth in SubSection B, the County shall serve, by certified mail return receipt requested, a notice of lien upon the Applicant, if the ts under construction at the address Indicated in the ~lication for the Building Permit, and upon the delinquent Owner at thm address appearing on the most recent records maintained by the Property Appraiser of the Co~%nty. The notice of lien shall serve to ~.i*no~tfy the delinquent Applicant and Owner, as the case may be, that to pay the Water System Impact Fee has caused the County to .f~le a Notice of Claim of Lien with the Clerk of the Circuit Court. . '.' D. Upon mailing of a notice of lien, the Utilities listrator shall file a Notice of Claim of Lien with the Clerk of'!~ Court for recording in the Official Records of the ,. The Notice of Claim of Lien shall contain the Owner's name, 't ; ,?: : 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 shall proceed to 'expeditiously collect, foreclose or otherwise enforce said lien ',pursuant to the provisions of this Ordinance. ~. The Utilities Administrator shall file a Notice of l~'~ton of Claim of Lien with the Clerk of Circuit Court for ~'r~c0r~'ing tn the Official Records upon receipt of full payment for Water 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 ~,.Notice of Claim of T.ien. '~' After tl~.e expiration of one year from the date of recording Notice of Claim of Lien as provided herein, a suit may be l~lod'to foreclose said lien. Such foreclosure proceedings shall be , conducted and enforced in conformity with the procedures 'i~he foreclosure of unpaid fees, as set forth tn Chapter 153, !.:Florida Statutes, which provisions are hereby incorporated herein tn .their entirety to the same extent as if such provisions were set 'herein verbatim. · ·g, The liens for delinquent Impact Fees imposed hereunder shall and paramount to the interest on such parcel or property !?of any owner, lessee, tenant, mortgagee or other Person except the lion of County taxes and shall be ¢)n a parity with the lien of any county taxes until paid as provided herein. .~.~ ~..! !.[.;:' K. The collection and enforcement procedures set forth in this shall be mmulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or &d~ntstrative regulations of the County or any applicable law or aAm~istratlve regulation of the State of Florida. Failure of the :.Certify. to follow the procedure set forth in this Section shall not ttute a waiver of its rights to proceed under any ordinance or regulation of the County or any applicable law or &d~is~ative regulation of the State of Florida. ~8eot:Lon 3,06. Developer Coutribution Credit. !:~:(~ A. The County may enter into a contribution agreement with a de.veloper which grants a credit for Water System Impact Fees imposed ' Section 2.01 in exchange for certain donations of land, or for the ~'~"" 041 p~.c.,£ 1,"~ '""~;'",,, ' ' I ilon or installation of certain Regional Water System facilities or improvements and additions thereto, made to ional Water System. ~...,:.;~ The amount of developer contribution credit to be applied determined according to the following standards of ~, · ~. The value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional '.appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. 2. The cost of eligible anticipated construction to the Regional Water System shall be based upon professional opinions ,'::oftot..~l project probable cost certified by.a professional 'S. in the case of contributions of construction or -¥.~ 'i~etallatton of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. However, in no event shall any adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions to the Regional Water System identified in a contribution agreement between the Owner and the Board. Upon adjustment of the value Of the developer's contribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more seventy five (75%) of the initial estimate of costs for '~!!'/contrtbutions to the Regional Water System identified in the · ~'.'contrtbutton agreement shall be actually applied or used in the i',}~i:Calculatton of available credit against Water System Impact '"~' ' Fees. .... : 4. No credit whatsoever for lands, easements, construction i,~; or infrastructure otherwise required to be built or transferred ... ~ to the County by law, ordinance or any other rule or regulation ..', mhall be considered or included in the value of any developer's contribution. ., ~, All construction cost estimates shall be based upon, and ail Construction plans, specifications and conveyances shall be in '~j.conformtty with the utility construction standards and procedures of ~,the county. Ail plans and specifications shall be approved by the --..i !Utilities Administrator prior to commencement of construction. D. Prior to Issuance of a Building Permit the Applicant shall ./sub. it to the Utilities Administrator a proposed plan and estimate of i..~Costs for contributions to the Regional Water System. The proposed and estimates shall include: , ~ 1. A designation and description of the Water System Impact Development for which the proposed plan is being submitted; ,~ 2. A legal description of any land proposed to be donated : : and a written appraisal prepared in conformity with ',-~,.!".: Subsection B.1. of this Section~ ~:i'(. S. Initial professional opinions of probable construction i.,.~ costs for the proposed construction provided by a professional architect or engineerl :,i .... 38 4. A proposed time schedule for completion of the proposed ~;.plan prepared by a professional architect or engineer; and $. A Twenty-Five Hundred Dollar ($~,500) processing, review and audit fee payable to the County. · . Upon favorable review of the proposed plan, the Utilities shall schedule a presentation before the Board at a scheduled meeting or a special meeting called for the of reviewing the proposed plan and shall provide the }l:l. cSnt or O'~er }rritten notice of the time and place of the "~. -The Board shall authorize the County Attorney to prepare a agreement with the Owner only · 1. Such proposed plan is tn conformity with contemplated improvements and additions to the Regional Water System; .' 2. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Water System Impact Fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the Regional Water System; and S. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the treatment and. transmission capabilities of the Regional Water System; and '~''" '".~.,~ . .. 4. The proposed plan is consistent with the public ~ and ~, The proposed..ttme schedule for completion of the plan ts ~i~. .stent with the most recently adopted five year capital /~_improvement program for the Regional Water System. ' ~. The processing, review and audit fee shall be returned to Applicant if either the Utilities Administrator or the Board the proposed plan is not acceptable. The processing, and-audit fee shall become non-refundable.once..the Board izes the County Attorney to prepare a contribution agreement. ;~?. , N. Any contribution agreement shall at a minimum include and for: 1. Identification of the parties including a representation from the Owner(s) that he (they) is (are) the sole record owner(s) of the real property described in the contribution agreement. If requested by the County Attorney, the Applicant or Owner shall provide to the County Attorney, at no cost to the .. County, an attorney's opinion identifying the record owner(s), his (their) authority to enter into the contribution agreement and identify any lierholders having a lien or encumbrance on the real property which is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record owner ho]ds title, each lien · or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced :."'instruments. ~. A finding that the contributions contemplated by the agreement are consistent with the Comprehensive Plan. S. A legal description of the Water System Impact Development lands subject to the agreement. ',4. The duration of the agreement, which shall not be for a !i/~.,period ~n excess of five years from the date of substantial completion of the approved plan of construction or from the date of donation, but in no event shall the duration exceed seven .years, exclusive of any moratoria, from the date of recording in Official Racords. ~'~,',. $. A description of the contributions to'the Regional Water System to be made pursuant to the agreement. &. An acknowledgement that the contributions contemplated tmder the agreement shall be construed and characterized as work done and property rights acquired by a utility or other Persons ,,engaged in the distribution or transmission of water for the 'purpose of constructing or installing on established · rights-of-way, mains, pipes, cables, utility infrastructure or ?. An acknowledgement that the contribution agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. Adoption of the approved time schedule for completion of .... the plan. ~' 9. Determination of the amount of credit based upon the standard of valuation identified in Subsection B of this Section. ~0. A requirement that the Owner keep or provide for i'"'retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of the improvements to be Contributed. This 41 shall be available to the County, or its duly ,2~ '::'i: authorized agent or representative, for audit inspection or ' 'oopytng, for a minimum of five years from the termination of the =ontrtbutton agreement. · -~ 11. A requirement that the credit for Impact fees ~':tdsnttfied tn the contribution agreement shall run with the S~bJectWater System Impact Development lands and shall be reduced by tho entire amount of the Water System Impact Fee due on the first Building Permit Issued thereon and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. 12. That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall Inure to, all successors tn interest to the parties to the contribution %;.... agreement. ~3. An acknowledgement that the failure of the contribution agreement to address any permit, condition, term, or restriction shall not relieve either the Applicant or Owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 14. Compliance with the risk management guidelines which ~ay be established by the County's Risk Management Department from time to time, including but not limited to insurance and · Indemnification language acceptable to the County. 15. Annual review and audit of performance under the contribution agreement to determine whether or not there has 42 .ae=onstrated good faith compliance with the terms of the ii~!%'.~'contributton agreement and to report the credit applied toward payment of Water System Impact Fees and the balance of available and unused credit. If the Board finds, on the basis of ,..substantial competsnt evidence, that there has been a failure to co~ply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. 15. Modification or revocation of the contribution agreement as ts necessary to comply with relevant State or Federal laws, if State or Federal laws are enacted after the ' exec~tion of the contribution agreement which are applicable to a~d preclude the parties' compliance with the terms of the ;'~ contribution agreement. ,:,:'., 17. Amendment or cancellation by mutual consent of the parties to the contribution agreement or by their successors in ii;:) ~: interest. .,..:~:, IS. Recording of the contribution agreement in the Official · 5. Records within fourteen (14) days after the County enters Into :.:.:,. the contribution agreement. .~.'".- ..~ '~9o The ability to file an action for Injunctive relief in ""'~. ;, the Circuit Court of Collier County to enforce the terms of the contributtcn agreement, said remedy being cumulative with any .... and all other remedies available to the parties for enforcement '/!'~f i the agreement. .~..In the event the amount of developer contribution pursuant i.approved plan of construction or donation of land exceeds the amount of Impact Fees possibly due from the Applicant based '~he contemplated improvements to the Regional Water System ~ro~osedby the Applicant, the contribution agreement shall provide ~or future reimbursement to the Applicant or Owner of the excess of contribution credit from future receipts by the County of Water rstem Impact Fees. Such agreement of reimbursement shall not be for ~r"['~ertod.-in excess of seven--years from the date of-recording-.the-~----~---- contribution agreement in the Official Records and shall provide for 'a forfeiture of any remaining reimbursement balance at the end of 8even-year period. '.~. In the event the amount of developer contribution pursuant an approved plan of construction or donation of land exceeds the ~total amount of Impact Fee credits used on the benefiting Water ~ystem Impact Development lands identified in a contribution agreement, the contribution agreement may provide for the Xeimbursament of up to one-half (1/2) the excess or remaining balance ?~f such contribution credit, provided funds are available and collected from future receipts by the County from Water System Impact Fees colleoted during the fiscal year i~edtately following the fifth >anniversary of the date of substantial completion of the plan of ~.~onstruction or the date of donation, or the seventh anniversary, ,.exclusive of any moratoria, from the date of recording the ~//~contribution agreement in the Official Records, whichever shall first Should the source of funds for reimbursement as described in ~t.~ ,,. ~t8 Paragraph not be available within the time frames described , the remaining balance of any impact fee credits shall be · E~ Any Applicant or Owner who submits a proposed plan pursuant 44 181 m'Section and desires the immediate issuance of a Building shall pay prior to or at the time the proposed plan is the applicable Water System Impact Fee pursuant to 2.01. Said payment shall be deemed paid under "Protest" and not be construed as a waiver of any review rights. Any 'difference between the amount paid and the amount due, as determined l:r~r'the Board, shall be refunded to the Applicant or Owner. 3.07. ~eview Hearings. An Applicant or Owner who is required to pay a Water System )act Fee pursuant to Section 2.01, shall have the right to request hearing. B..' Such hearing shall be limited to the review of the "~.., ~; ..~e applt~tton of ~a Water System Impa~ Fee to Section 2.01. · '~' ~ , 1. I denial of an Affordabl~ Housing Exemption or :: :~" Au~or~zatton for Ret~sement pursuant to Section 3 04 ,v O. ~cept as o~e~tse provided tn ~ts Ordinance, such .he~tng shall ~ re~ested by ~e Applicant or ~er width tht~y (30) days, including Sundays and legal holidays, of the date of .first receipt of the following, whichever is applicable; '"':;.' 1. Receipt of a Notice of Impact Fee Statement. ~, 2. The dental of an Impact Fee Exemption or Authorization ::.'.for Reimb~sement. ?' Failure to request a hearing within the time provided shall be ;:~"-~.,. deemed a waiver of such right. ~,'~': D. The request for hearing shall be filed with the Office of Cot~nty Manager and shall contain the following: ?:~'~, 1. The name and address of the Applicant and Owner; 2. The legal description of the property in question; ,~ · S. If issued, the date the Building Permit was issued; ' .'~ . 4. A brief description of the nature improvements on the property or the construction being undertaken pursuant to a '.li~. i ~"' Building Permit ~ ~.,~: .~. If paid, the date the Water System Impact Fee was paid~ G, A statement of the reasons why the Applicant or Owner is requesting the hearing. .~,.,, I. Upon receipt of such request, the County Manager shall i~sOhedule a hearing before the Board at a regularly scheduled meeting · or a special meeting called for the purpose of conducting the ?hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. The hearing shall be held within ~'~thirty (30) days of the date the request for hearing was filed. ~,. ' . ~. Such hearing shall be before the Board and shall be ~i','.'~'~Conducted in a manner designed to obtain all information and ' evidence relevant to the request of the hearing. Formal rules of civil procedure and uvidence shall not be applicable; however, the '~.hearing shall be conducted in a fair and impartial manner with each ,t~,%havi g an opportunity to be heard and to present information .evidence. Q. Any Applicant or Owner who. requests a hearing pursuant to i~his 'Section and desires the immediate issuance of a Building ~Per~it shall pay prior to or at the time the request for hearing is 46 .le~.the applicable Water System Impact Fee pursuant to Section 101, Said payment shall be deemed paid under "Protest" and shall be construed as a waiver of any review rights. :'CBeation 3.08. aeview Requirement. This Ordinance and the master plans shall be reviewed by the i/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 reviewed at least annually. The initial and each annual review consider new estimates of population per household, costs .:.related to the acquisition of land, buildings, capital plant and necessitated by growth and adjustments to the assumptions, and findings set forth in the master plans adopted by '.~ ':ilBe~tion 1.04. The purpose of this review is to ensure that the Waker System Impact FeeQ do not exceed the reasonably anticipated 'rcoste associated with the improvements necessary to offset the :~.dema~d generated by new construction or use of the Regional Water ~'~-Syste~ 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 alters or changes' ..... 'the assumptions, conclusions and findings of the master plans 9~opted by reference in Section 1.04, revises or changes the Water System or alters or changes the amount of Impact ii:Feel, the master plans adopted by reference in Section 1.04 shall be · ~?a~ended and updated to reflect new and demonstrable assumptions, and findings of such reviews and Section 1.04 shall be to adopt by reference such updated studies. 3.09. Repeal of Prior Ordinanoes Relating to Systea ,.,,. .. Development Chargem. 'Collier County Ordinance No. 86-66, as amended by Collier Ordinance No. S?-4§ and Collier County Ordinance No. 88-3 are hereby superceded and are repealed to the extent same are either ;'".inconSistent or not harmonious with this Ordinance. 'BmotIo~ 3.10. Deolar&tion of Exolusion from &~ministrative Prooe6ures ~ct. Nothing contained in this Ordinance shall be construed or ~fi~.~interpreted to include the County in the definition of Agency tned in Section 120.52, Florida Statutes, or to otherwise /~%tbJect the County to the application of the Administrative '~.Procedure Act, Chapter 120, Florida Statutes This declaration of /~ltent and exclusion shall apply to ail proceedings taken as a ~result of or pursuant to this Ordinance including specifically, but ~'!not. limited to, consideration of an Alternative Water Impact Fee ~'~ Calculation under Section 2.04, a determination of entitlement to an ;.;JlmPact Fee Exemption or Authorization for Reimbursement pursuant to ~ection 3.04, the proposed plan for a developer contribution under ,Secti°n 3.06, or a review hearing under Section 3.07. i~,S.otton 3.ZZ. Severabilit~. .. If any clause, section or provision of this Ordinance shall be ~eclared unconstitutional or invalid for any reason or cause, the tng portion of said Ordinance shall be in full force and ::',:.effect and be valid as if such invalid portion thereof had not been herein. In the event it is held or construed by any of competent Jurisdiction that the County does not possess the i<P°Wer or authority to impose the Water System Impact Fee within any 48 i, Service Commission certificated areas of the District, or of the Impact Fee within such areas is declared Lid or unconstitutional for any purpose, such declaration of IJl'~constituttonality or invalidity shall not affect the validity or constitutionality, of the Imposition of the Water System Impact Foe i~i~.any other areas of the District and it is the intent of the , in such event, that such imposition of Impact Fees in all Other areas remain valid and in force. 3.12. Z~eotive Date. "~'. A certified copy of this Ordinance ~hall be filed with the .Department of state by the Clerk of the Board within ten (10) days :'after enactment by the Board and shall take effect immediately upon receipt of the official acknowledgment from that office. '.DULY ADOPTED in regular session this 27th day of November .iClerk. :., COLLIER COUNTY, FLORIDA , ' and : This ordinance ~i~ed with the ~"'~' ",-,,.,.orne] ocknawl..<,,.--~. _, t-- ~ '; '.' ' ' .,% · , · .-,~ ~:~ AFF0~.DABLB HOUSIN~] STANDARD8 .... .Tbs following shall qualify as Affordable Housing for the of receiving an Affordable Housing Exemption and 'Affordable Housing Reimbursement= amount not greater than: 1. $36,000 for one bedroom Dwelling Unit. -".. 2. $45,000 for a two bedroom Dwelling Unit. 3 $52,250 for a thrss bedroom Dwelling Unit. ~ .,. 4. 860,000 for a four bedroom Dwelling Unit. ~,~ B. The Dwelling Unit which is offere~ for rent for a total ~onthly rental ~ount not ~eater than: ':" 1. $310 for a one bedroom Dwelling Unit. ~.~].~ .... 2. 0390 for a two bedroom Dwelling Unit. 3. $450 for a three bedroom Dwelling Unit. 4. $520 for a four bedroom Dwelling Unit. · APPENDIX B ,, .RF~IOII~,L N'ATEI~ .BYBTEH IMPACT FEE B~ED~E "to SeXton 2.01 of Collier Co~ty Ordinance No. "all Water System Impact Development echoing within 1.1~er Co~ty Water-Sewer District shall pay a Water System 'Fee ~n accordance with ~e foll~ing schedule: ~ SIZE MINI~1 EQUIV~ I~A~ (Inches) D~ING ~ITS2 FEE "? ' P~ ~ SIZE .., 3/4 I $ 900.00 2.5 2,225.00 . 5 4,500.00 10 8,100.00. 20 18~ 000.~00; '. .'~: * :* : 30' 27,000~'00 ~.** ~;' '~* 100 58,500'00 ~:': .... 175 90,000. O0 275 144,000.00 ' '~"'* :' 475 207,000.00 e~ivalent dwelling units a~ve ~ose specified will ~ charged at a rate of $900.00 per unit. 2~ e~ivalent dwelling unit is e~ivalent to the . ~ G~Y EXCLUDED F~OM IMPOSITION OF NATER IMPACT FEES '"~:'. Lands' within Collier County generally excluded from the ~lnition of Water System Impact Development as defined in the .ier County Regional Water System Impact Fee Ordinance, Collier i~oUn y Ordinance No. 90- 86- !~.~,.. ' a. Those areas lying within the Marco Water and Sewer Diitrict. Exclusion of the Marco Water and Sewer District [zes this area is not presently planned to be served by ::f~reat~ent capabilities of the Regional Water System. B. Those areas lying within the Goodland Water District Exclusion of the Goodland Water District recognizes that the Water.. District represents a finite service area with existing q~°graphically separate treatment capabilities adequate to serve .... ~'~ ~l~& needs of the residents of the Goodland Water District. · ~' ~. Golden Gate Estates, Unit No. 1, Plat Book 4, Page 73, l~blio Records of Collier County, Florida. :.. D. Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, ..'ipublio Records of Collier County, Florida. .,?.. B. 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, Records of Collier County, Florida. :~ Go Golden Gate Estates, Unit No. 26, Plat Book 7, Page 15, ~blioRecords of Collier County, Florida. '.I., Golden Gate Estates, Unit No. 27, Plat Book 7, Page 17, .c Records of Collier County, Florida. :~,~ii.". Io Golden Gate Estates, Unit No. 20, Plat Book 7, Page 19, ~1~0 Records of Collier County, Florida. ...... ~. Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57, to Records of Collier County, Florida. :.,. I. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Records of Collier County, Florida. 2(']':' L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, tc Records of Collier County, Florida. :?'~.i M. Golden Gate Estates, Unit No 32, Plat Book 7, Page 21, Public Records of Collier County, Florida. '0:,¢..~ ~. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, ~...tc Recorde of Collier County, Florida. ',i, O. Golden Gate Estates, Unit No. $4, Plat Book 7, Page 23, .lC Records of Collier County, Florida. '~ :~' P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, i~'Publtc Records of Collier County, Florida. ~'"' ~. Go~d~n Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. ~t. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, ~ltc Records of Collier County, Florida. ,8' Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, :to,Records of Collier County, Florida. ~Exclusion of the above-referenced platted areas in Golden "Estates recognizes that the nature of the previous platting of these areas primarily into large ential tracts, the present zoning and constraints of the ~'Comprehensive Plan have severely limited the density and use of these area~ in such a way as to make it impractical to serve most of these areas in the foreseeable future vi~'~he Regional Water or any other centralized water utility. ~ ~ However, the above exclusions are not absolute and lands ~ying within the excluded areas which either are required to or 'req~/est connection to the Regional Water System, or otherwise i~create a growth necessitated demand to expand the Regional Water shall be subject to the imposition of impact fees under n 2.01 of the Collier County Regional Water System Impact Ordinance in the same manner as if said lands were rized as Water System Impact Development. '! T. Those areas lying within the Pelican Bay Improvement Although the Pelican Bay Improvement District is wholly ~i~htn the C011ier County Water-Sewer District, the Collier County Water-Sewer District does not presently exercise any Jurisdiction r power over properties located within the boundaries of the Bay Improvement District. MASTER PLANS Water Master Plan for Western Collier County, Vol. I & II, Hole, Montes & Associates, Inc. and PRC Consoer Townsend Consulting Engineers, (1986). Collier County 201 Facilities Plan Update, Hole, Montes & Associates, Inc., (May, 1986) South County Sewer Maeter 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) 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) !jCollier County Growth Management Plan, (Jan. 1989) ) .,.~.,..; Judicial ~trcutt, Collte~ County, F/or/da, do ' 'cer~tff~ ~hat the fore~otn~ tea true cop~ of: ..... : Ordinate No, 90-86 .=~,. .:~,~.~. ~; ~f . · .. ... .~ ,pted b the Board cE Co~t~ Co~tssloners on .. ~ 5~d ~d t5e o~tctal sea/ o~ ~Ae ~oa~d o~ Co~tssloners of Collier Countv, Florida, this 3rd · u .', JAMES C GILES ..,-. · ",' "- ,..~ Clerk of Courts and C/er , .. Ex-officio to Board of~~'.'''' ' ..... t'.. ~" ~~ Vary Clerk. "::' /s/Maureen nyon. -~' ~ , '~'' ' :/.: '