Ordinance 90-087~EGZO~ B~ BYST~ Z~CT FEE
~R~[DING DEF[N[T~ONS~ RULES OF CONS~UCT[ON~
OF REGIO~ S~ SYST~ IMPACT FEES
PROVIDIN~ FOR P~~ ~ USE OF MONIES
~LOWIN~ ~T~TI~ FEE C~CU~TION
PRO~DIN~ .... FO~ ......EX~TIONS $ ...... PROVIDINg' ' ' FOR
COLLECTION OF I~CT FEES ~ON ~GES IN SIZE
~ USE~ PROVIDIN~ FOR ~FO~LE HOUSING
EX~TION ~ ~FO~LE HOUSIN~
REI~S~$ PROVIDIN~ I~EREST TO BE P~ID
ON C~T~IN REF~S~ PROVIDIN~ FO~ D~LOP~
CO~IB~ION ~EDIT~ PROVIDIN~ FOR P~~
COLLE~ION OF S~ SYST~ IMPACT FEES
PROVIDIN~ FOR R~ H~IN~S~ REQUIRIN~
~~ R~I~$ PROVIDIN~ FOR REP~ OF PRIOR
O~I~CES RE~TIN~ TO SYST~ D~ELOPM~
~ES ~ DEC~IN~ EXCLUSION ~OM
~~S~T~ PR~ED~ES ACT~ PROVIDIN~ FOR
CO~LI~ ~ S~ILITY~ PROVIDING
EFFE~I~ DATE.
Deftn~t~on~
used tn' ~ts.Ordtnance, ~e following t~s sha11..have,-?:~
or rent for an ~ount which is w1~in' th
e
~o~ and established in Appendix A of ~iS ' --
,ternative Sewer System lnpaot lee" shall mean any
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 Drepared by an Applicant or Owner and submitted to the
l~nager pursuant to Section 2.04.
~: "3~ppli~ant" shall mean the person who applies for a Building
~..~;~ #Board# shall mean the Board of County Commissioners of
~ier County, Florida. Where the context requires, the term
shall also be deemed to include the Governing Board of the
.lief County Water-Sewer District.
nBl~AldA~g" shall mean any structure, either temporary or
i~..~permanent, built for the support, shelter or enclosure of Persons,
'Chattels or property of any kind, or any other improvement, use,
.structure which creates or increases the potential demand on
the sewer utility system operated by the Collier County
I/Water-sewer District or Collier County or both. This term shall
inciude tra_lers, mobile homes or any vehicles serving in any way
fTmction of a Building. This term shall not include temporary
sheds or trailers erected to assist in construction
and maintained during the term of a Building Permit.
~;~.i!~... "Buil~i~g Permit" shall mean an official document or
~i.~'¢.ertificate issued by the authority having Jurisdiction,
the construction or siting of any building. For
o£ this Ordinance, the term "Building Permit" shall also
tie-down permits for those structures or buildings, such
-' ,lc Home, that does not: otherwise require a Building
in order to be occupied.
;.. "';,#Comprehensivs Plan" shall mean the Comprehensive Plan of the
...County adopted and amended pursuant to the Local Government
:;Ccrmprehensive Planning and Land Development Regulation Act.
"Co%lnty" shall mean Collier County, a political subdivision
'.of the State of Florida. Where the context requires, the term
'" shall also be deemed to include the Collier County
~Water-Sewer District.
;.#Cou~lty Attorney" shall mean the Person appointed by the
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 Board or the designee of such
:Person.
~-'<-. ."DlltriOt" shall mean the Collier County Water-Sewer
[strict, a political subdivision of the State of Florida, whose
~ board is ex-officio the Board of County Commissioners of
Collier County, Florida.
..~."DwellA~g Unit" shall mean a Building or portion of a
designed for or whose primary purpose is for residential
occupancy, and which consists of one or more rooms which are
.;:..arranged, designed or used as living quarters for one or more
~ .... ,/ "~n~mbered" shall mean moneys committed by contract or
order in a manner that obligates the County to expend the
'~enctmbered amount upon the delivery of goods, the rendering of
~ervices or the conveyance of real property interests by a vendor,
contractor or Owner.
'~,:i#plorAda LooaX Government Development Agreement &ct" means
provisions of Sections 163.3220 through 163.3243, Florida
iStatutes (1989), as amended or supplemented, or its successor in
.,.::.: :.#ImpaCt Pee" shall mean the fee imposed by the County
.p~T. e~%al~t to Section 2.01 of this Ordinance. The term impact fee
ihall be synonymous with the term "BI, stem Development Charge" as
in this or prior ordinances relating to the subject matter
"~'&ddressed by this Ordinance.
~:'. "Local ~overnment Comprehensive Planning an~l Land Development
Heg~lation Act" means the provisions of Part II, Chapter 163,
~:.Flortda Statutes (1989), as amended or supplemented, or its -.
;;succes=or in function.
~:.~,..,. ..... ~'~"Mobtle Roue" means manufactured homes, trailers, campers or
;~'ecreattonal v~htcles. For the purpose of imposing impact fees
to Travel Trailers, which are otherwise herein
.~::::encompassed by the term "mobile home", Travel Trailer lots or
spaces shall 1~ classified in conforlamnce with the definition of
t~e provided for in the County's -.ontng regulations and
Plan.
';';:~:i'Owner"" shall mean the Person holding legal title to the real
.,pr. operty for which impact fees are paid.
'~:.' #Person" shall mean an individual, t~ corporation, a
i.~partnershtp, an incorporated association, trust, or any other
.'.,.'~egional Sever a~stem,' shall mean the waste-water or sewer
'syetem directly connected to treatment facilities operated
Collier County Water-Sewer District or Collier County or
!.'.'~i "Utilities A~m~nistr&tor" shall mean the Person appointed by
~:~'Board or ~e Co~ty Manager to supe~ise the a~inistration,
ions ~and' ac~isitions "of-the-Regional'" Sewer -SYstem--0~-th'e''
of such Person.
~.~:~'.."S~er S~st~ ~paot Development" shall mean development upon
l~ds wi~n ~e Collier County Water-sewer District, exclusive of
~, ~e lands enc~passed by the areas described in Appendix C, which
S~11 ~ s~Je~ed to the pa~ent of impact fees under ~is
or ~ts predecessor in f~ct~on upon ~e first oc~rrence -' "~
a~ of ~e foll~ing:
.~: -. (a) ~enever any existing ~uilding or st~ct~e, ..
.3.~:~. which has not previously paid system development charges or ~
?'~' ~pa~ fees ~der ~is Ordinance or ~ts predecessor ~n
.. function, co~ects to ~e Regional Sewer System~ or
(b) ~enever any existing Building, st~cture or
applicable improvement which is connected to an interim
sewer system is connected, eider directly or indirectly, to
.... · ~. ~e Regional Sewer System; or
~:;~. (o) ~enever any person applies for a Building
. ~ . Pe~it to const~ct a Building, st~cture or applicable
improvement within ~e ~undaries of the Collier County
:..<. .
' Water-Sewer District, even though the subject lands may
'~. receive interim sewer se~ice 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 d~velopment upon the lands encompassed by
'areas described in Appendix C is not absolute. Development upon
lal~ds' lying within the Collier County Water-Sewer District,
but not limited to the excluded areas described in
Appendix C, which either is required to or requests connection to
Regional Sewer System, or otherwise creates a growth
.tared demand to expand the Regional Sewer System, shall be
eot to the imposition of impact fees under Section 2.01 of this
-'ordinance in the same manner as if said development was
~haracterized as Sewer System Impact Development.
Se~Aon 1.02. Rules o~ Construotion.
". :. For the purposes of administration and enforcement of this
.Ordinance, ~nless otherwise stated in this Ordinance, the
' following rules of construction shall apply:
A. In case of any difference of meaning or implication
the text of this Ordinance and any caption, iljustration,
summary table, or iljustrative table, the text shall
The word #shall# is always mandatory and not
is~retionary and the word "may" is permissive. ·
~.ijl ~.. Words used in the present tense shall include the future~
words used in the singular shall include the plural' and the
singular, unless the context clearly indicates the
use of t~he masculine gender shall include the feminine
The phrase "used for" includes "arranged for," "designed
~ "maintained for," or "occupied for."
.... i. ~. Unless the context'clearly indicates the contrary, where
involves two or more items, conditions, provisions,
'~revents connected by the conjunction "and," "or" or
..or", the conjunction shall be interpreted as follows:
1. "And" indicates that all the connected terms,
~';..: Conditions, provisions or events shall apply.
2. "Or" indicates that the connected terms, conditions,
~-...
provisions or events may apply singly or in any combination.
.- 3. "Either...or" indicates that the connected items,
;conditions, provisions or events shall apply singly but not in
~!.!.,; The word "includes" shall not limit a term to the specific
..~.~le but is intended to extend its meaning to all other instances
.or circu~stances o~ li~e kind or character.
., ~. The terms "growth", "growth necessitated improvements",
.:.#future growth" and the like shall refer, and be construed as
to Sewer System Impact Development either occurring or
, either directly or indirectly, to the Regional Sewer
subsequent to the effective date of this Ordinance.
L.03. F~nd~ngs.
',.:
I~'iS hereby ascertained, determined and declared that:
'i.. a° The Florida Legislature has adopted growth management
7
'
which requires local governments to plan for and provide
lite1 Infrastructure facilities such as water and sewer
B. TheBoard has alternative, cumulative and supplemental
~Uthority to plan for and provide water and sewer systems under the
'of the State of Florida, including but not limited to
:.{~pt~'s 125, 153-Par~ II, 163, and 380, Florida Statutes;
.}Chapters 67-1246, 78-489 and 88-499, Laws of Flortda~ and
!i~icle VIII of the Constitution of the State of Florida.
~. Collier County land development regulations and policies
requir~ Persons to install, use, operate or employ interim sewer
'treatment facilities when such Persons choose to develop lands in
'advance of the expansion of the Regional Sewer System within the
[~ D.' Collier County land development regulations and policies
that Owners of lands connected to interim sewer facilities
disC°nnec~ from such facilities and connect to the Regional Sewer
:Syste~whenever the Regional Sewer System becomes available within
District.
I, Future demand represented by Sewer System Impact
}~e~elopmsnt should contribute its fair share to the cost of
~;~rovements and additions to the Regional Sewer System which are
to accommodate the use of the Regional Sewer System by such
"~Implementation of an Impact Fee or System Development
..~harge to require Sewer System Impact Development to contribute its
share of the cost of improvements and additions to the Regional
~ystem ia an integral and vital element of the regulatory plan
,~owth management incorporated in the Comprehensive Plan.
i~,'i~/ G. Capital planning is an evolving process and the level of
~sarvice identified in the Comprehensive Plan for the Regional Sewer
constitutes a projection of anticipated need for sewer
and transmission facilities, based upon present knowledge
~.ana Judgment. Therefore, in recognition of changing growth patterns
dynamic -nature of "population-' growth-,--, it · is' the-~'inten~of-the
!i~Board that the level of service for the Regional Sewer System and
the Impact Fee imposed be reviewed and adjusted periodically,
i DUrsuant to Section 3.08, to insure that the Sewer System Impact
are imposed equitably and lawfully, based upon actual and
growth at the time of their imposition.
. N. The imposition of the Sewer System Impact Fee is to provide
a source of revenue to fund the construction and improvement of the
· 'Aonal sew syst either necessitated by or as elineated
~'.',the Capital Improvement Element of the Comprehensive Plan..
.~ X. The Regional Sewer System is intended to ultimately provide
services for all citizens of the Collier County Water-Sewer District
.a~d that the presence of the Regional Sewer System enhances and
· .benefits the health, safety and general welfare of all citizens of
County. The ~oard specifically finds that the development of a
· Regional Sewer System enhances and benefits the health, safety and
.~i ~general welfare of the residents and landowners within the Collier
Water-Sewer District.
'.~'~" This Ordinance shall not be construed to permit the
of Sewer System Impact Fees from Sewer System Impact
~in excess of the amoUnt reasonably anticipated to
on the Regional Sewer System generated by Sewer System
~,.,~:~. Development either occurring or connecting to the Regional
ewer System subsequent to the effective date of this Ordinance.
· K. All improvements and additions to the Regional Sewer System
.~.- to eliminate any deficiency between the existing Regional
'Sewer System and the standard of service as adopted in the
ire Plan, shall be funded by revenues other than impact
Any revenue derived from the Sewer System Impact Fee shall be
only for the acquisition of improvements and additions to
thei'-Regional Sewer system which are necessitated by Sewer System
.~.mpact Development either occurring or connecting to the Regional
i~sewer system subsequent to the effective date of this Ordinance
L.' It is hereby declared to be the policy of the Board that
and additions to the Regional Sewer System,
reCUrred to accommodate future connections or demand by Sewer System
~.~I~act Development, shall be funded entirely by the revenue derived
i.~ifremthe Sewer System Impact Fee. Therefore, no credit shall be
for any tax revenue sources which may have been utilized in
~or years for the funding of Regional Sewer System improvements or
!'additions. In the event that this policy is altered by the
' ~ubsec~/ent action of the Board or if grant money is received and
co~tted for growth necessitated improvements and additions to the
ional Sewer System, the Sewer System Impact Fee shall be adjusted
annual review required pursuant to Section 3.08 and credit
be given-for any tax revenue which has been utilized for
improvementS:and additions to the e n -Sewer
".The provisions tn this Ordinance relative to developer
'ibution credit represent innovative land development regulation
the Local Government Comprehensive Planning and Land
Regulation Act encourages local government to employ via
1.03. leadoption and Ratifioation of Master Plans.
;, ..The Board hereby readopta and incorporates, by reference, the
,,plan8 listed in Appendix D of this Ordinance particularly the
, conclusions and findings An such studies as to the
nation of anticipated costs of the additions to the Regional
!Water 'and Sewer System required to accommodate growth contemplated
the Comprehensive Plan. The Board further incorporates by
'erence. the Comprehensive Plan as amended or supplemented, or its
in function, as it relates to improvements and additions
'/i' <':; ·
th~, Regional Sewer System.
, ~,~ ' SEWER SYSTEM IHPACT ~ERS
·
iSeotton 2.o3,. Imposition.
~.~,,', ;'1. ;' 111 Sewer System Impact Development occurring within the
County Water-Sewer District shall pay a Sewer System Impact
;.'accordance with the schedule shown on Appendix B of this
:j:'B..:" The Sewer System Impact Fee shall be paid in addition to
fees, charges and assessments due for the issuance of a
i"BUilding Permit and is Intended to provide funds, only for growth
'~/...
~'~ ~mprovements and additions to the Regional Sewer
":'.) .: Except as otherwise provided in this Ordinance, prior to
issuance of a Building Permit where applicable, all Applicants
, as the case l~y be, shall pay the Sewer System Impact Fee
forth tn Section 2.01.
B;. Subject to an availability of funds, the County. may enter
agreements to extend payment of Sewer System Impact Fees over a
i'~ertod not to exceed five years with Owners of existing Buildings,
tlstr~ctures.. ~ or applicable Improvements which are required to connect
~, the.. )' Regional Sewer System. Prior to the County entering into any
to extend payment and from time to time thereafter the
[Bo~rd~shall identify a specific source of funds to be used relative
providing extended payment and the cost of such funds, including
~li'.expenses or costs incidental to obtaining or providing same, the
:est rate that the Board or the Utilities Administrator will
tn offering extended payment with interest and a reasonable
...~ .... . [t~on or description of the administrative costs or expenses
~..assoctated. with administering the extended payment alternative.
,...
1. The County shall only enter into agreements to extend
palrl~lsnt,~ of the Sewer System Impact Fee to an O~er of existing
."~..Butldtngs, structures or applicable improvements, where the Owner
~attsfactorlly demonstrates a financial inability to pay, or
tp which would arise from paying, the entire Impact Fee at the
~°nnectt'on.
.. · ., .
12
ffi 041 , 205
2. The amount of payment, including any title verification
..: ,'recording fees, and a reasonable asttnatton of the cost
associated with providing an extended payment
ii~lteL~lative, shall be paid in equal monthly payments with an annual
~'~nterest rate as determined and promulgated by the Board. The
rate"charged"'shalI-be-~ep~esent'att~e'"of'~h'~"c6~nt'~'s cos~
q!funds, Including all expenses or costs incidental to obtaining or
providing same, if any.
~',:./;i..~ $. With the exception of the approval and execution of
, or an ag~'egation of related agreements, with a face
. in excess of $6,000, the Board hereby delegates to the
.~ Administrator the power and authority to enter into and
~:,.'r*lease. such extended payment agreements in conformance with the
provisions of this Ordina~ce. The agreement, an~ any other
fl documentation, shall be in a form approved by the Board
~.:~'"':~'!an~"&cceptable' . to the County Attorney and the agreement shall be
,~:ti;:.~ in the Official Records upon approval of the Utilities
.;.:,. 4. For an agreement, or an aggregation of related
~'~ , , to extend payment of impact fees with a face amount in
'~'"~: of $6,000 the County shall require the procedure and
:ion for extending payments to substantially and reasonably
[:~onform: to generally accepted and reasonably applicable commercial
~,~!endlng practices, Including but not limited to the requirement for
personal guarantees from one or all of the Owners or
ls owning a beneficial Interest in an entity Owner. At its
the County may contract with outside counsel or a
.ag. agent to prepare such documentation and to advise the
relative to conformance with generally accepted commercial
practices and the costs of same shall be borne by the Owner.
.:~ .~ .-. 5. In recognition that the payment of the Sewer System
lact Fee for existing mobile home park or rental housing will in
manner be passed through to the occupants by an Owner, and in
:e-c°gnition that if such pro-rata Impact Fee pass-through is
as one single payment by the Owner that such a
Pass-through may cause financial hardship on these occupants, the
[,.~Board, in ~ts sole discretion, may require the O%rner to covenant and
for the benefit of all affected occupants, to pass through
'~:.~ y and on the same terms all the benefits of any extended
of the Impact Fee to the affected occupants.
i%~."." C. The obligation for payment of the Sewer 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 Sewer
Impact Fee has been paid, expires prior to the ~nitiation of
construction for which it was issued, the Applicant may within
:~. ~::~-~ (90) days of the expiration of the Building Permit apply for
a:irefund of the Sewer System Impact Fee.
~. The application for refund shall be filed with the
County Manager, on a form approved by the County Manager, and
.!:i~ contain the following:
~" (a) A sworn statement representing that the
~. information contained on the application for refund
~'.~i' is true and correct;
.~.~... (b) The name and address of the applicant~
14
(C) The loCation 'the
subject of the Building Pe~it; ' .
(~) ~e date the Sewer System Impact Fee wa~ paid;
(e) A copy of the receipt of pa~ent for the Sewer
System Impact Fee or such other record as would
indicate pa~ent of such fee; and
(f) ~e ~ate ~e Building Pe~it was issued and the
~ate of e~tratton.
~. After verifying that the Building Pe~it has e~ired and
~e const~ction has not ~en co~enced ~der the s~Ject
~.~ild~ng P~it, ~e Co~ty Manager shall cause a ref~d of ~e
m~Ject Sewer Sys~ Impact Fee.
3. A ~uilding Pe~it which is s~se~ently issued on the
prope~y which was previously ~e s~Ject of a ref~d
~en pay ~e Sewer System Impact Fee as re, ired 'by
S~on 2.01.
~e ~ard hereby conft~s the establts~ent of a separate
acco~t for ~e Sewer System Impact Fees, which shall ~
sep~ate and apart from all o~er accounts of the County.
Sewer System Impact Fees shall be deposited into such trust
t~e~a~ely upon ~ece~pt.
~e ~on~es deposited into the Sewer Syste~ I~pact Fee t~st
shall ~ used solely for the *pu~ose of providing ~o~h
capital improvements and additions to ~e Regional Sewer
' Including, but not limited to:
1. Design or const~ction plan preparation;
15
~ S~. Land acquisition including any costs of acquisition or
-. '4. Constmctton and dest~ of Regional Sewer System
~ildings, facilities or improvements and additions thereto;
'~:.:- 8. Dest~ and const~ctton of ~atnage facilities re~tre~
· :'.: ~ ~e const~ion of Regional Sewer System buildings,
::'~;" facilities or ~provements and additions theretol
~" $. Relocating utilities re~tred by the const~ctton of
:;~:}/~:: : ~. ~ndscap~ng, tnotdent to or necessitated by the
. .: ;''' e~ans~on of ~e R~gional Sewer
.:}~.:. 9. S~eying, soils and material testingl
10. A~tsttton of plant or ~tp~,nt n.c~ssa~ to ~and
:: :' ~e Regional Sewer System;
~;.'":';':..."" ~. Repa~ent of monies ~rrowed from any budgeta~
'.<, of this Ordinance or its predecessor in function, which were
USed to fund ~o~h impacted Improvements and additions to the
Regional S~w~r System as h~r~tn provided;
.'~.:', 11. Pa~ent of principal and interest, necessa~ resoles
" and costs of Issuance under any ~nds or other indebtedness
issued by ~e Co~ty or District to fund ~o~ tmpacte~
and additions ~o ~e Regional Sewer System~ and
~. ~
" Reimbursement of excess Developer Contribution Credit
;,~pursuant to Section 3.06 or Impact Fees paid on Affordable
**.,Housing pursuant to Section 3.04.
:7;. C. Funds on deposit in the Sewer System Impact Fee trust
shall not be used for any expenditure that would be
:laSsifted 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
Regional Sewer System required by growth, generated by Sewer
Impact Development, and including but not limited to expected
addressed in the master plans listed in Appendix D of this
O~dinance.
~.~. *,~. Any funds on deposit which are not immediately necessary
expenditure shall be invested by the County. All income derived
such investments shall be deposited in the Sewer System Impact
trust account and used as provided herein.
F. Any person who is the current owner of the property on
behalf of which a System Development Charge was paid, pursuant to
Collier county Ordinance No. 86-66, as amended by Collier County
:e No. 87-45 and Collier County Ordinance No. 88-3, and was
a certificate of occupancy thereunder for a Building,
, or alteration prior to December 31, 1997 shall be
ligible for a refund upon making a timely petition for refund, if
,1 , structure or alteration either was not authorized to
' ' to the Regional Sewer System by December 31, 1997, or if the
does not have an approved plan for connection of the
, structure or alteration to the Regional Sewer System by
3Dece~ber 31, 1997. Refunds due under these circumstances shall be
·" *' .' .5', ~',/ ": · . ~, ' · . .
'accordance .with the following procedure:
~:'~ ~'1; The then current ol~er shall petition the Board for the
refund prior to the end of the fiscal year immediately
~ollowing the end of the fiscal year in which the date
31, 1997 falls.
2.',. 'The petition for refund shall be submitted to. the County
_ . .
on a form approved by the County Manager, and shall
'-.~t:' (&) A sworn statement that the petitioner ts 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;
.... (o) A certified copy of the latest recorded deed or
other instruments evidencing title; a representation
that the most recent recorded deed or other
"- Instruments reflect the exact names of all current ~.'
e,' legal owners; a representation that the petitioner
~,~.~',~ will notify the County of any change and the status
of legal om'lershtp which occurs prior to any refund
from the County;
(~) A copy of the most recent ad valorem tax bill.
Within ninety (90) days from the date of receipt of a
for refund, the County Manager will advise the
and the Board of the status of the System
..2Devalo~en~ ~arge re~ested for refund, and if such charge has
.' been expended or encumbered within the applicable time
::period, then it shall be returned to the petitioner. For the
' :"'p~Lrposes of this Section, charges collected shall be deemed to
~spent or encumbered on the basis of the first fee in shall
'~ the first fee out.
Q. The Impact Fees collected pursuant to this Ordinance shall
to-the then 'current-Owner'of-'the propert~'on-behalf-of--
such fee was paid if such fees have not been ex~ended or
prior to the end of the fiscal year immediately following
anniversary of the date upon which such fees were paid
a timely petition for refund is made. Refunds shall be made
in accordance with the following procedure:
· ~. The then current Owner shall petition the Board for the
~" "refund prior to the end of the fiscal year immediately
following the end of the fiscal year in which the date of the
seventh anniversary of the date of the payment of the Sewer
Syste~ Impact Fee occurs
~.::.".':;'S. The petition for refund shall be submitted to the County
on a form approved by the County Manager, and shall
(e) A sworn statement that the petitioner is the
then current legal Owner of the property on behalf of
which the Impact Fee was paid;
{bi 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
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
to any refund from the County;
!;}5"- (~) A copy of the most recent ad valorem tax bill.
$. Within ninety (90) days from the date of receipt of a
~.:;: petition for refund, the County Manager will advise the
~,,.. ~etitioner and the Board of the status of the Impact Fee
,:::' requested for refund, and if such Impact Fee has not been
:~r: exl)ended or encumbered within the applicable time period, then
~:~ it shall be returned to the petitioner. For the purposes of
~'2 :~ this Section, fees collected shall be deemed to be spent or
...i..'.encumbered on the basis of the first fee tn shall be the first
~ :: fee out.
11o The .fact that an Owner receives a refund does not excuse
":~he property from later being subjected to payment of impact fees
.ttnder this Ordinance upon otherwise being characterized as Sewer
Impact Development.
:X. Any Owner entitled to a refund who fails to timely petition
for a refund upon becoming eligible to do so shall be deemed to have
J~i'waived any claim for a refund, and the County shall be entitled to
~., ;::'. :.' .
!}'~etatn and apply the impact fees for gro~;th necessitated capital
and additions to the Regional Sewer System.
2 0
, , ,.
~-04. llternattvs Fee Calculation.
U~.?.'
,~:'~. In the event an Applicant or Owner believes that the impact
Regional Sewer System necessitated by his Sewer System Impact
£s less than the fee established in Section 2.01, such
~ltcant or Owner may submit a calculation of an Alternative Sewer
Impact Fee to the Office of the County Manager pursuant to
~ions.-of.--this .Section
!B:~ .".In the case of new construction, any right to submit an
Sewer System Impact Fee shall be deemed to have been
i.:, , expired, and such calculation shall not be considered by the
~a if not properly and timely made prior to the issuance of a
~ ;~,'.', In the of structures
case
existing
Buildings,
or
applicable
ro~ aments which are required to connect to the Regional Sewer
~st~., any right to submit an Alternative Sewer System Impact Fee
"Shall be deemed to have been waived, expired, and such calculation
not be considered by th. Board if within thirty (30) calendar
from the effective date of service of a "Notice of Impact Fee
:statement#>, under Section ~.05 hereof, the Owner does not notify the
~ice of the County Manager in writing of his intention to submit
.an.Alternative Sewer System Impact Fee calculation. Any Owner who,
such circumstances, properly notifies the Office of the County
,.Manager of his intention to submit an Alternative Sewer System
Impact Fee calculation and Alternative Sewer 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
~a~l Alternative Sewer System Impact Fee shall be deemed to
waived, expired and such calculation shall not be
by the Board.
'D. "Upon timely submission of an Alternative Sewer System
[,.~act Fee calculation, the basis therefor and receipt of the
Sewer System Impact Fee, the County Manager shall
... a hearing before the Board at a regularly scheduled meeting
special meeting called for the purpose of reviewing the
:;~. Sewer System Impact Fee and shall provide the petitioner
written notice of the time and place of the hearing. Such hearing
be held within thirty (~0) days of the date the Alternative
'Sewer System Impact Fee was submitted.
~ I. The Alternative Sewer System Impact Fee calculation shall
'be .based on data, information or assumptions contained tn this
.from time to time, or an Alternative Sewer System Impact Fee Study
.basel upon an independent source, provided that the independent
~ollrce is a local study supported by a data base adequate for the
conclusions contained tn such study, performed according to a
generally accepted methodology and based upon generally accepted
~.~'~ sources of Information 'relating to facilities planning,
· ~..: · a~lalysls and demographics. The independent source must provide
~:r~l~tent substantial evidence that the Alternative Sewer System
~act Fee represents an equitable pro rata share of the cost of
.~apital improv~ments and additions to the Regional Sewer System
.tared by the subject Sewer System Impact Development.
,!.,
F'~., If during a prior Alternative Fee Calculation process an
Alternative Sewer System Impact Fee Study substantially
stent with the criteria required by this Section has been
by the Board, and if such study ts determined by the Board
be now current and applicable, the Regional Sewer System impact
~f; such previously approved Sewer System Impact Development shall be
~su~ed to ~ as described in the prior study. In such circ~-
, an Alternative Eewer System Impact Fee shall be established
reflecting the impact descrtbe~ tn the prior study. There shall be
~8. re~ttable pr~s~ptton that ~uch an impact study based upon an
source conducted and accepte~ by the Board more than two
~ earlier i8 invalid.
· . If ~e Board dete~tnes that the data, tnfo~ation and
ass~pttons utilized by the Applicant to calculate the Alternative
~-.Sewer System Impact Fee complies with the retirements of this
and ~at ~e Alternative Sewer System Impact Fee was
l~lat~d ~y ~ us~ of a g~n~rally accepted ~thodolo~, th~n th~
. . S~w~r System Impact F~e shall B~ paid tn lieu of the f~
'~et fo~ tn Section 2.01.
:. H. If ~e Board dete~tnes that the data, info~ation and
!i~ptton~ utilized by the Applicant to calculat~ the Alternattv~
;s~wer System Impact Fee does not comply with the retirements of
[. ~8 Section or is othe~ise not e~itable or that the Alternative
S~er System Impact Fee was not calculated by the use of a generally
me~ol~, th~n th~ County shall provid~ to tho Applicant
~'~'~f~ed mail, ret~n receipt re~ested, ~itton notification of
of the Alternative~ Sewer System .Impact Fee and the
'or,
X,: At 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
. System Impact Fee or Alternative Sewer System Impact Fee Study
::: :-
¢'...~y.:~.etther County staff or outside consultants. The final decision
;.?'Of'the Board shall be in writing and issued within twenty (20)
calendar days of the review hearing.
::':..i.)!'. ~. Any Applicant or Owner who has submitted a proposed
ii'i. Alterllative sewer system Impact Fee pursuant to this Section and
4~lree the Immediate Issuance of a Building Permit shall pay prior
!!'~ 'or at the time the proposed Alternative Sewer System Impact Fee
£~'isubmttted the applicable sewer system' Impact Fee pursuant to
· 2.01. Said payment shall be deemed paid under "Protest" and
iL.: not be construed as a waiver of any right of review. Any
~fference between the amount paid and the amount due, as determined
by the Board, shall be refunded to the Applicant or Owner.
?,'!, ARTICLe IIi
· MIBCBLLANEOUS PROVISIONS
3,01o
The following shall be exempted from payment of Impact
.: i.~.' .
..i, Alterations or expansion of an existing Building,
: ,"r'.
etructure or Improvement where no additional demand on either
,:'l~i,e Regional Sewer System or any interim treatment system ts or
be created.
'2'..i'. The construction of accessory Buildings, structures or
which will not create an additional demand on
:..:'~ith. er the Regional Sewer System or any interim treatment
:~;::::':The replacement of an existing Building, structure or ·
i:~:.;'imProvement which has b~en previously been subjected to an ':'
· ~ ~a~-q:. fee or system development charge payable to the County
" where no additional demand is or will 1:~ created on either the '~
;, Regional Sewer System or any interim treatment system.
;:~ 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 -"":'~
..
: tility, the Board, in good faith, expressly declares its
· '~"intentton to operate said utility as a component of the ':~
'g'' Regional Sewer System and not immediately dismantle and
disconnect from the acquired utility's treatment facilities.
....... 5. 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 construction is proceeding
in good faith, previously served by the City of Naples where
County and the City of Naples have reconfigured service
for service areas.
:
25 '~"
'4 · A. Impact fees shall be imposed and calculated for the
alteration, expansion or replacement of Sewer System Impact
~nt which will result in a land use determined to create an
Lena1 demand on either the Regional Sewer System or any interim
itreat~ent system. Whenever any person applies for a Building Permit
alter, expand or replace a Building, structure or applicable
of Sewer System Impact Development land, even though the
ect lands may receive interim service service from a source
than the Collier County Water-Sewer District, the Impact Fee
,'~ ...~ shall be calculated on the entirety of the lands subject to
'Bu~lding Permit. Where the alteration, expansion or replacement
on lands for which a Sewer System Impact Fee has already been
tho Impact Fee imposed shall be only upon the additional
created by the alteration, expansion or replacement.
B. No refund or credit shall be afforded an owner or applicant
£n the event of a diminution of use occurs after the Sewer System
Fee already paid has been expended or encumbered. For the
;see of this Section, fees collected shall be deemed to be spent
~nCUmbered on the basis of the first fee in shall be the first
ollt.
I~ot~on 3.03. Interest to be Paid on Certain Refunds.
Monies refunded in accordance with Subsections F and G of
'Se~tL0n 2.03 shall be paid with interest. Interest paid pursuant to
'thiS.subsection shall be paid at the rate of eight percent (8%)
,est.
B'o Except as provided for in Subsection A of this Section, no
· ,'est shall be paid upon the return of Sewer System Impact Fees.
3.04. Affordable Housing.
]~.'. The County shall exempt from the payment of the Sewer
Impact Fee any new Sewer System Impact Development which
'~ualifies as Affordable Housing and which the construction of such
'.new, Sewer System Impact Development '~'~-'~e~"i~ whole or in part by
received pursuant to a direct grant or subsidy from the United
, Department of Housing and Urban Development, or from any
grant or subsidy program of the State or County created to
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=
(&) The name and address of the Owner;
(b) the legal description of the Residential
~<<~.' Property upon which the Sewer System Impact
Development shall be constructed;
· ~):' (O) The nature of the governmental grant or subsidy,
3/ lnoluding 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
(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 bedrooms in each Dwelling Unit of
the Sewer System Impact Development.
~. 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
l~stem Impact Fee for any Sewer System Impact Development which will
~5. iold or rented for an amount which qualifies as Affordable
L. Any Applicant seeking a reimbursement of the Sewer
~ystem 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:
Ca) The name and address of the Owner~
(b) The legal description of the Residential
Property upon which the Sewer System Impact
~.... Cons~t'uctton shall be constructed l
,~';:,,~ ,~ · .
28
(o) 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 rentl and
(dl The number of bedrooms in each Dwelling Unit of
the Sewer System Impact Development.
~. If the ~0posed Sewer System Impact Development meets
the preliminary recluirements 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.
S. 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.
~1 ~1~ ?
[,,it'- 4. If the Sewer System Impact Development is being offered
.,...!~?for sale, the Applicant may obtain a retmburs~ent of the Sewer
System Impact Fee by presenting the Authorization for
Reimbursement and documentation Indicating the actual selling
price of the Sewer 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 Sewer System
~act Development. Failure to submit such dom.mentatton
'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
~t have been satisfied, the County shall reimburse
29
04 1 222
.'Sewer System Impact Fee to the Applicant.
8.. If the Sewer System Impact Development will be offered
:for rent, the Applicant may obtain a reimbursement of the Sewer
?'Syste~ Impact Fee by presenting to the County Manager the
Authorization for Reimbursement and documentation indicating
the total monthly rental received for the immediate past
calendar year, or for that portion of the initial calendar year
for which the Sewer System Impact Development is rented. Such
do~.mentation shall 1:~ sul:mitted within ninety (90) days of the
end of ~ ~al~ndar y~ar. Fatlur~ to su~tt ~uch do~ntatton
~,~..: to re~s~ent. After reviewing ~e do~en%ation and
detaining ~at the retirements for an Affordable Housing
Re~sement have ~en ~attsfted, the cowry shall ret~se
to ~e Applicant an smoot e~al to one-seven~ (1/7) of ~e
S~er Syst~ Impact Fee paid.
-' I. Such a~ual ret~s~ents may be received for seven
· conse~ttve ye~s. Faille to timely apply for ret~sement
~n ~y year or the faille to provide do~entatton ~at the
to~al mon~ly rental received per ~elling Unit for the entire
,.~lend~ ye~ was wt~tn ~e limits established shall waive ~e
.~'/Appltcant'a. right to rei~ursement in ~at and any subse~ent
;~:":':...:.... "' T. ~e ret~sements of the Sewer System Impact Fee shall
',~. paid ~ the Co~ty within forty-ftv~ (45) days of submission
/:;~'of ~e Au~orization for Rei~ursement and proper do~ontation
Indicating ~e sales price or the total mon~ly rental for ~e
~0
=ediate past calendar year. The County shall pay such
?"reimbursement from the a=oumulated Sewer System Impact Fees
~!."' collected pursuant to Section 2.01.
.~ 8. The right to reimbursement shall 1~ only available to
the Applicant as stated on the Application for Reimbursement
", ar~t may not be transferred, sold or assigned to any other
O. For a Sewer System Impact Development project' to receive an
!~!!~l~fordable Housing Exemption or an Affordable Housing Reimbursement,
the a~o~tn~ for which the Sewer System Impact Development project may
Sold or rented must be restricted to an amount within the
contained tn Appendix A, as amended from time to time, and
restriction must continue for a period of seven years from the
~.~.'~Ssuano8 of the Building Permit. Such restrictions must be
]C°ntain,~d within the deed for the Sewer System Impact Development
,:..:~,· ieot or within the provisions of an agreement entered into
between the County and both the Applicant and the Owner of the Sewer
'i?.Syste~ Impact Development project No Affordable Housing Exemption
nor Affordable Housing Reimbursement shall be granted for Sewer
' Syste~ Impact Development project which consists of a Mobile Home.
" D. In determining the total monthly rental charge for the
ip..urpose of determining eligibility for an Impact Fee Exemption or
!'.i:Authorization for Reimbursement, all payments which are required to
t,,'made by a tenant as a condition of residing at such Dwelling Unit
'.~'~'~. For a Sewer System Impact Development project which
an Impact Fee Exemption or an Affordable Housing
'~:~.'~.."~· '.',~ the County, and not' the District, shall Pay into the'
Impact Fee trust account the amount of the Sewer System
Fee which was exempted or reimbursed.
F.' For the purposes of this Section, site acquisition, site '".
site preparation and infrastructure construction
for a Sewer System Impact Development shall be part of the .~.~
: . :'.~
process.
i',. ; ,~ .. ·
~ g.' An Applicant who has been denied an Impact Fee Exemption or
Authorization for Reimbursement may request a review hearing on
d~oision pursuant' to Section 3.07.
~.. ~. Although this Section is aimed at addressing new Sewsr ':iI
· Impact Development which ts characterized as affordable ':: '
:. herein, the Board shall have the discretion, and not the ~."'~
. , to consider and grant requests for exemption or ~.--.
ii~l-sement for existing dwelling units which is characterized as
/lr":~ys' ,em Impact Development, provided such housing otherwise ·
~:~ 't'~he requirements of this Section and the Board determines
there are funds available to grant such a request. Any such request
~."sha11..~ot be considered by the Board if not made within 180 days of
of the dwelling units to the Regional Sewer System.
leotto:~ 3.05. Alternative Collection letho~l.
In the event the Sewer System Impact Fee is not paid prior to
the ismuance of a Building Permit or otherwise within ninety (90)
's o~ the subject lands becoming characterized as Sewer System
Development, the County shall proceed to collect the Sewer
:.I~pact. Fee as follows:
,, % ' '::.
~ ~', '// -.. The County shall serve, by certified mail, return receipt
, a Notice of Impact Fee Statement upon the Owner at the
appearing on thc most recent records maintained by the
' Appraiser of the County. If the building is under
, ~'le County shall also serve, by certified mail, ret~
receipt re~~., .~.. ~o~i~f.~Impace. Fee Statement .. upon
>li~t at the ad,ess set fo~ in the application for Building
and ~e a diligent effort to also attach a copy of the
of Impact Fee Stat~ent to ~e Building Pe~it posted at ~e
oonst~ction 8itc. Se~ice shall be deemed effective on
. date ~a retm receipt indtcate~ the notice was received by
~t~e~ ~e Applicant or ~e ~er, or, if ~e Building is ~der
, ~e date said notice was attached to ~e Building
P~, wht~ever ~s first. ~e Notice of Impact Fee Stat~ent
con, in a reasonable l~al description of ~e prope~y an~
ehall advise ~e Applicant and ~e ~er ~at:
. ./~ 8~er System Impac~ Fee was imposed;
~":'..~ ;~ ~. A hearing p~suant to Section 3.07 may be re~ested
.~:~"..,..~wi~in ~trty (30) calendar days from ~e effective date of
8e~tce of ~e Notice of Impact Fee Statement, by making
application to ~e Office of ~e county Manager.
S. In ~e case of existing Buildings, st~ctures or
:~..applt~ble tmprov~ents which are re~tred to connect to the
'"~'Regtonal Sewer System, the ~er may notify the Office of the
County ~nager of his intention to submit an Alternative Sewer
~ ~. I~Paot. Fee cal~latton 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 hundred
~itwenty (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
if a hearing is not requested pursuant to
!8aotions 2.04 or 3.07.
'": S. Upon becoming delinquent, the Sewer System Impact Fee
:"' shall be subject to the imposition of interest on the unpaid
i.~,~,' .amount until paid.
'¥~-:~:? ~. In the event the Sewer System Impact Fee becomes
ii"?.'~.'id, ltnqusnt, 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
(30) calendar days from the effective date of service of the
of Impact Fee Statement, neither the Impact Fees have been
· a~d received by the County, nor has the Owner properly complied
the provisions of Section 2.04, nor has a review hearing been
pursuant to Section 3.07. In the event a hearing is
~.~.' pursuant to Sections 2.04 or 3.07, the unpaid Impact Fee~
.ali~;i~co~e, delinquent if not paid within thirty (30) days from the
t.~the Board determines the amount of Impact Fees due upon the
~ion of such a hearing. All time periods contained within this
. ~: shall be calculated on a calendar day basis, including
~ 'and legal holidays, but excluding the date of the earliest
· of said Nottc~ of Impact Fee Statement or the date of the
decision in the event of an appeal. In the event the duo
on a Sl.mday or legal holiday, ~o last due dato prior to
delt~ent shall ~ ~e ne~ ~stness day. U~n ~c~ing
~e Impact Fees shall bear interest at the statuto~ rate
cal~lated on a calendar
tn S~se~t~on B, ~e County shall s~,
reoeipt re~ested, a notice of lien upon the Applicant, if the
~.L ILng ~s ~der const~ct~on a~ ~e address ~nd~cated ~n
[~:~:,:'it~~ti°n for ~e. Building ~e~it, and upon the delin~ent ~ner at
59a=ess appe ng on most recent records maintained
~~y Appraiser of ~e Co~ty. ~e not~ce of lien shall se~e to
fali~e to pay the Sewer System Impact Fee has caused
Notice of Cla~ of Lien wi~ ~e Clerk of the Cir~it Co~t.
D. ~n ma~l~ng of a not~ce of lien, ~e Utilities
shall file a Notice of Claim of Lien w~th ~e Clerk of
C~r~t Co~ for recording in ~e Official Records of the
~e Notice of Claim of Lien shall contain
description of ~e property, ~e amount of the deltn~ent
Fees and ~e date of ~e~r Imposition. ~ereafter, without
d~rect~on of ~e Board, its staff proceed to e~edit~ously
~ foreclose or othe~ise enforce said lien pursuant to the
of ~s Ordinance.
~....' .~ .
...~ '~' .
~.:1. The Utilities Administrator shall file a Notice of
Ifactton of Claim of Lien with the Clerk of Circuit' Court for
tn the Official Records upon receipt of full payment for a
Sewer Impact Fee, interest due, and any recording
Said Notice of Satisfaction of Claim of Lien shall reflect
the appropriate recording information shown on the previously
Notice of Claim of Lien.
the expiration of one year from the date of recording
of Claim of Lien as provided herein, a suit may be
to foreclose said lien. Such foreclosure proceedings shall be
:: ;u.t d, conducted and enforced in conformity with the procedures
i'.St~tutes, which provisions are here~¥ incorporated herein tn
. .i entirety to the same extent as if such provisions were set
/herein verbatim.
G:'i)} The .liens for delinquent Impact Fees imposed hereunder ~hali
er:lo:= and paramount to the interest on such parcel or property
,]'~owner, lelsee, tenant, mortgagee o~ other Person except the
~of County taxes and shall be on a parity with the lien of any
County taxes until paid as provided herein.
~.'-~il. The collection and enforcement procedures set forth in this
.shall be cumulative with, supplemental to and in addition to,
ii'~Cable procedures provided in any other ordinances or
requlattons of the County or any applicable law or
,,! '...
regulation of the State of Florida. Failure of the
to follow the procedure set forth tn this Section shall.., not
a waiver of its rights to proceed under any ordinance or
..: .
.::':: · 3 6
LYe regulation of the County or any applicable law or
~l~rative regulation of the State of Florida.
:ton S.0$. Developer Contribution creltt.
;i.i.~. It. The Co~ty may enter into a contribution a~eement with a
/~deVeloper which ~ants a credit for Sewer System Impact Fees imposed
~'Se~ion 2.01 tn exchange for certain donations of land, or for
or installat~on of certain Regional Sewer System
~ldings, facilities or ~mprovements and additions thereto, made to
'ional Sewer System.
B. ~e amo~t of developer contribution credit to ~ applied
,.'~ d~t~lned according to the following standards of
· .~. ~. ~e value of donated land shall ~ ~sed upon a ~ttten
.,~' appraisal of fair ~rket value by a ~alified and professional
~ ~ appraiser accept~le to ~e Co~ty ~sed upon comparable sales
· i': of stmil~ prope~y ~tween ~elat~d parties tn a bargaining
:~. 1. ~ cost of eltgtbl~ anticipated const~ot~on to ~e
· ';"~':' ~gtonal Sewer System shall be based upon professional opinions
~:
<., of total proJe.t probable cost certified by a professional
,.. 3. In ~e case o~ contributions of const~ctton or
.: Installation of improvements, the value of the developer's
~"~ ~,... proposed contribution shall ~ adJusto~ upon completion of th~
const~on to reflect ~e actual costs of const~ctton or
~:~..~:-~talla~ion of improvements contributed by ~e developer.
However, in no event shall any upward adjustment exceed twenty
'.~?
,, ~i~i:::!(20%) of the initial estimate of costs for c°ntrtbuttonS ~'::~i~
i:the 'Regional Sewer SyStem identified in a contribution
'.agreement between the Owner and the Board. Upon adjustment of .".
~':" ithe value of the developer's contribution, the contribution .~.
.'credit shall be likewise adjusted accordingly. Until the .'.
.- contribution credit ts finally adjusted upon completion of
""construction, no more than seventy five (75%) of the initial
estimate of costs for contributions to the Regional Sewer System
identified tn the contribution agreement shall be actually '~
?;:!~::-'.or infrastructure otherwise required to be built or transferred
:,' tO the County by law, ordinance or any other rule or rem~latton
construction plans, specifications and conveyances shall be in
: with the utility construction standards and procedures of
CoUnty.~. . All plans and specifications shall be approved by the
Administrator prior to commencement of construction. ' ""'~.~
D
· 'Prior to issuance of a Building Permit the Applicant shall
',"l'~bmit to the Utilities Administrator a proposed plan and estimate of '.
for contributions to the Regional Sewer System. The proposed
and estimates shall include: '~'
· .' ~. A designation and description of the Sewer System Impact
.'Development for which the proposed .plan is being submitted;
/'~'2 A legal description of any land proposed 20 be donated
and a written appraisal prepared in conformity with
Subsection B.~, of this
, : 3. Initial professional opinions of probable construction
costs for the proposed construction provided by a professional
'!~ :..a~chitect or engineer;
:..... ~ ·
'"" 4. A..p.~p~sed time'schedule for completion of the proposed
;:' plan prepared by a professional architect or engineer~ and .'
5. A Twenty-Five Hundred Dollar ($2,500) processing, review
: "-and audit fee payable to the County.
'J I. 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
p~ose of reviewing the proposed plan and shall provide the
.ioant or Owner written notice of the time and place of the
F. The Board shall authorize the County Attorney to prepare a
agreement with the Owner only if:
1. Such proposed plan is in conformity with contemplated
improvements and additions to the Regional Sewer 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 Sewer 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 Sewer System; and :~t
Such proposed plan, viewed in conjunction with other
or proposed plans, will not create a detrimental
between ~he treatment and transmission capabilities of
!¢.; .!(the Regional Sewer Systeml and
4. The proposed plan is consistent with the public
The proposed time. Schedule for completion of ~e plan tS
~' consistent wt~ ~e mos~ recently adopted five year capital
~.' ~rov~ent pr~ for the Regional Sewer System.
~:.a'.,:~ .~. ~e pr~esstng, review and audit fee shall be ret~ned to
if eider ~e Utilities A~intstrator or the Board
~e proposed plan ~s not acceptable. ~e processing,
and audt~ fee shall ~come non-ref~dable once ~e Board
· s ~e Co~ty Atto~ey to prepare a contribution a~eement.
H. ~y con~t~tton a~eement shall at a mtntm~ Include and
f:. ?. ,. ld,ntification o,p ie, includin a represent tion-Tf
/',:}r~ ~e ~er(s) ~at he (~ey) ~s (are) ~e sole record
[.~J' .'"" ~er(s) of ~e real property descried tn ~e contribution
a~e~ent. If re~ested by ~e Co~ty Atto~ey, ~e Applicant
,.,%. o~ ~r ~h~ll prov~d~ ~o ~ ~oun~ ~orn~ ~ no ~o~
~Co~ty, an attorney's o~tnton Identifying ~e record o~er(s),
h~8 (~eir) au~ority to enter into the contribution agreement
~.' ~ and ~dentify any lie~olders having a lien or entrance on the
;::-;~:~eal property which is ~e subject of ~e agreement. Said
:~." ~P~nton shall specifically descrt~ each of ~e recorded
~lnst~ents ~der which ~e record o~er holds title, each lien
by
, , 2. A finding that the contributions contemplated by the
.~!~agreement are consistent with the Comprehensive Plan.
..:.,..~ S. A legal description of the Sewer System Impact
~' ~, ·
'~/ :;. Development lands subject to the agreement.
4. The duration of· the agreement, which shall not be for a
~. period in
· completion of the approved plan of construction or from the date
of donation, but in no event shall the duration exceed seven
i~ears, exclusive of any moratoria, from the date of recording in
.:the Official Records.
.' .· ~o 3, description of the contributions to the Regional 8ewer
8yst~ to !:~ ~ade pmrsuant to the agreement.
i.L..!.- ~. ~m acknowledgement that the contributions contemplated
ttr~er ~e ageement shall ~ COhered and charactertz~ as work
~..~., '~ done and prope~y rights scatted by a utility or o~er Persons
::.' ongage~ ~n
~se of cons~ct~ng or installing on established rights-
~:::0f~ay, ~tns, pipes, cables, utility tnfrast~ct~e or
~. ~ ~c~owledgement that the contribution a~eement shall
': 'not ~ cohered or charactertze~ as a development a~eement
,~
~ ~ .~der ~e Florida ~cal Gover~ent Development A~eement Act.
'~ S. Adoption of
,plan.
9' Dete~nat~on of the amount of credit based upon the
of valuation ~identified in Subsection B of this
A requirement that the Owner keep or provide for
n of ad. equate records and supporting documentation which
<concern or reflect total project cost of construction or
irmtallation of the improvements to be contributed. This
information shall be available to the County, or its duly
->.'~. authorized agent or representative, for audit, inspection or
~.'>" copying, for a minimum of five years from the termination of the
'
"? i:','~'- oontr ibution agreement.
.... 11. A requirement that the credit for impact fees
X' Identified in the contribution agreement shall run with the
subject Sewer System Impact Development lands and shall be
reduced by the entire amount of the Sewer 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
b~nding upon, and the benefits of the agreement shall inure to,
all successors in interest to the parties to the contribution
"~" agreement.
~.?'.' 1~. 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,
ordinanc~. : '- or r~.gulation governing said permitting
,A~,, ".C.:; :.~ons, terms or restrictions.
0'4i 235
..,"'"'. ~4. Compliance with the risk management guidelines which
't:~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 a~'eement to determine whether or not there has
been demonstrated good faith compliance with the terms of the
..· contri~ution agreement and to report the credit applied toward
payment of Sewer System Impact Fees and the balance of available
and unused credit. If the Board finds, on the basis of
substantial competent evidence, that there has been a failure to
' COmply with the terms of the contribution agreement, the
:'~:';" agreement ma~ be revoked or modified by the County.
16 Modtf!catton or revocation of the contribution
' . °
v.. agreement as ,s necessary to comply with relevant State or
Federal laws, if State or Federal laws are enacted after the
execution of the contribution agreement which are applicable to
ii' a~d preclude the parties' compliance with the terms of the
~ contribution agreement.
~?. Amendment or cancellation by ~utual consent of the
to the contribution agreement or by their successors in
' XS. Recording of the contribution agreement in the Official
'~:~.:i:, Records within fourteen (14) days after the County enters into
· the contribution agreement.
:' -.19° The ability to file an action for injunctive relief tn
the"Ctrcuit Court of Collier County to enforce the terms of the
agreement, said remedy being cumulative with any
i?:','all/°ther':. ~ . remedies available to the parties for enforcement
· ~f: 'the. agreement.
, .
:I.'. In the event the amount of developer contribution pursuant
'?'~'approved plan of construction exceeds the total amount of
Fees possibly due from the Applicant based upon the
:?~:,";:-'. )lated improvements to the Regional Sewer System proposed by
)l~cant, the contribution agreement shall provide for future
_ .
· to the Applicant or Owner of the excess of such
credit from future receipts by the County of Sewer
~-.,· Impact Fees. Such agreement of reimbursement shall not ba for
tn excess of seven years from the date of recording the
,:.. ....
agreement in the Official Records and shall provide for
of any remaining reimbursement balance at the end of
period.
· ..~. In the event the amount of developer contribution pursuant
a~ approved plan of construction or donation of land exceeds the
177~, ~: ,
i:~otal amount of Impact Fee credits used on the benefiting Sewer
System Impact Development lands identified in a contribution
, the contribution agreement may provide for the
~ment of up to one-half (1/2) the excess or remaining balance
contribution credit, provided funds are available and
:,~ '. :..
collected from future receipts by the County from Sewer System Impact
..... 'Collected during the fiscal year immediately following the fifth
of the date of substantial completion of the plan of
or the date of donation, or the seventh anniversary,
of any moratoria, from the date of recording the
~..~,~
,aqrseasnt inithe offioial Records, whichever shall first '/
:~ld the source of funds for reimbursement as described tn
.$1paragraph not be available within the time frames described
~.., the remaining balance of any impact fee credits shall be
Applicant or Owner who submits a proposed plan pursuant
section and desires the immediate issuance of a Building
shall pay prior to or at the time the proposed plan is
the applicable Sewer 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
t between the amount paid and the amount due, as determined
· .l~'d, shall be refunded to the Applicant or O,~rner.
3.07. Review Hearings.
,. ~t o ?f". An Applicant or Owner who ts required to pay a Sewer System
}Fee pursuant to Section 2.01, shall have the right to request.
.Such h~.rtng shall be limited to the review of the
.L...~, The application of the Sewer System Impact Fee pursuant.
,(=ti°n
'/';" 2. A denial of an Affordable Housing Exemption or
Authorization for Reimbursement pursuant to Section 3.04.
....' ~. Except as otherwise provided in this Ordinance, such
shall be requested by the Applicant or Owner within thirty :i'd'-
Including Sundays and legal holidays, of the date of
· receipt of the following, whichever is applicable;
.. ,., ....,..
:t,'~. Receipt of a Nott of Impact Fee Statement.
:.::, 1. ~ d.ntal of an I~a~ ~ ~e~ptton or Au~ortz~tton
;.~for Ret~sement.
., l~e to r~est a he~tng within the time provided shall
a waiver of such right.
~'~' D. ~e r~ost for hearing shall ~ filed with the Office of
Manager.- an~ sha 11-.. conta in .. th. - fo 1 lowing =
~." 1. ~e n~e and address of the Applicant and ~er~
~:':" ~ 1. ~e legal description of the property tn ~estion~
,~:' ~. If issued, ~e date the Building Pemit was ~ssuedl
~,,:t~: 4. A brief description of the nature improvements on
" prope~y or ~e const~ct~on ~tng undertaken p~suant to
' ~. 8. If paid, ~e date ~e Sewer System Impact Fee was
.... $. A stat~ent of ~e reasons why ~e Applicant or ~er
· ,,' r~ttng ~e hearing.
N. ~on recetp~ of such re~est, the Co~ty Manager shall
.S~ule a he~ng ~fore ~e Board at a re~larly scheduled meeting
a special meeting called for the pu~ose of conducting ~e
~e time and place of the hearing. ~e hearing shall ~ held within
~<:-~t~y (30) days of the date the re,est for hearing was filed.
.~:~ , .~. Suoh hearing shall be ~fore the Board and shall be
tn a manner desired to obtain all tnfo~atton an~
relevant to ~e re~est of the hearing Focal ~les of
~pr~edure and evidence shall not be appltcablel however' the
:% ;,~, .
~..:
be conduated in a fair and impartial manner with each '~?:
an opportunity to be heard and to present information
~.:~..Any Applicant or Owner who requests a hearing pursuant to
i:'Section al~d desires the immediate issuance of a Building
shall pay prior to or at the time the request for hearing is
'~lled the applicable Sewer System Impact Fee pursuant to Section
;'..'11,01, Said payment shall be deemed paid under "Protest" and shall
:~nOt be construed as a waiver of any review rights.
.,, .,, 3.08. Rev:Low Ro(Zutroment.
· This Ordinance and the master plans shall be reviewed by the
....· ,:.':" ,..~. initially in connection with its approval of the Capital
Element of its Comprehensive Plan as required by Section
, 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
1.04. The purpose of this review is to ensure that the
Se~er System Impact Fees do not exceed the reasonably anticipated
associated with the improvements necessa~t to offset the
generated by new construction or use of the Regional Sewer
by users who have heretofore not connected to the Regional
~iSewer System and who have not paid Impact Fees. In the event the
of the Ordinance required by this Section alters or changes
.ass~mptions, conclusions and findings of the master, plans
........... · ' ....... ' ........... · .. ,.~
byl.'reference in Section' 1.04, revises or changes the '
Sewer System or alters or changes the amount of Impact
~aster plans adopted by reference in Section 1.04 shall be
~an~ updated to reflect new and demonstrable aSsUmptions,
.:..[~,~':,. '...~ ...
ons and findings of such reviews and Section 1.04 shall he
to adopt by reference such updated studies.
:, .:' . ~,
· ~:~'- ' Development Charges.
.~.. :.,. Collier· .. CoUnty Ordinance No. S6-66, as amended by Collier '
Ordinance 1~o. 8?-45 and Collier County Ordinance No.
superceded and are repealed to the extent same are either
nt or not hamonious with this Ordinance.
3.10. Deolaratton of Exojuston from ~dmtnt.trative
'-: :': "'., Procedures
Nothing contained in this Ordinance shall be construed or
to include the County. in the definition of Agency
ItJled in Section 1110.52, .Florida Statutes, or to otherwise
ect the County to the application of the Administrative
Act, Chapter 120, Florida Statutes. This declaration of
and exclusion shall apply to all proceedings taken as a
of or pursuant to this Ordinance including specifically, but
Rot l~nited to, consideration of an Alternative Sewer Impact Fee
ion under Section 2.04, a determination of entitlement to an
· .
~.Fee Exemption or Authorization for Reimbursement' pursuant to 3.04, the proposed plan for a developer contribution under
3.06, or a review hearing under Section 3.07.
3 · ~X. BeverabA1At]~. ·
"M clause, section or provision of this.0rdinancelshal1
.:,.. ,..;,, :....,..
."-~, ::. "' ' ' -
_ _ . ...
~,~nconstitutional or £nvalid for any reason or cause, the
portion of said Ordinance shall be in full force and
and be valid as if such invalid portion thereof had not been
herein. In the event it ~s held or const~ed by any
of c~tent J~isdiction ~at the Co~ty does not possess the
or authority to impose the Sewer System Impact Fee within any
Se~ce Co~ission ce~ificated areas of ~e District, or
~sition of the Impact Fee wi~in such areas is declared
or ~constitutional for any p~ose, such declaration of
o~er areas of ~e D~strict and it is the intent of the
mtn, ~n such event, ~at such imposition of Impact Fees in all
~eas r~in valid and in force.
3.12. Bffeotive Date.
ce~f~ed copy of ~s Ordinance shall ~ filed wi~ ~e
~pa~ent of S~te ~ ~e Clerk of ~e Board within ten (10) days
enac~ent by ~e Board and shall take effect i~ediately upon
~t..of ~'~e official ac~led~ent from that office.
:~:,~e following shall ~altfy as Affordable H~ustng for the . ;.-~
of receiving an Affordable Housing Exemption and .,~
· '.~ A ~elltng Unit which is o~fered for sale for a total
~ not: ~eater ~an ~
,'". 10 $36,000 for one ~oom ~ell~ng Unit.
,~%~"' 1. $45,000 for a two ~room ~elltng Unit.
F:-~, 3. $52,250 for a ~ee ~oom ~elltng Unit.
'" 4. $60,000 for a fo~ ~droom ~elltng Unit.
. .
.,...~:~. ~. B. ~e ~elltng Unit which is offere~ for rent for a total
~on~ly renal ~o~t not ~eater ~an:
.: 1. $310 for a one ~oom ~elltng Unit.
.', 3. $450 for a ~ee be~oom ~elltng Unit.
r.. 4. $520 for a fo~ ~oom ~e11~ng Unit.
../.~
?.
. - '"' APPENDIX B
', RBGZON~,L HBlrBR E~YBTB~ ZI~ACT FEB B~ED~B
.~:.~
:~suan~ ~o Section 2.01 of Collier County Ordtnanc. No.
~i'~ 87 , all Sewer System Impact Development oc~rring within the
Co~ty Water-Sewer Distric~ shall pay a Sewer System
~,~ ~.. ~ .: .'
F~ i. ao=or~a~=~ wi~ ~ followi~g s=h~aul~= :~..
2%~..'~...
.d~nttal dwelling units
s~ngle-family, ~ltt-
','..mobile h~e and apa~ent
~tts),
l~tt) $1,100. O0
~~ per ~it
ls/day/~it) 2~ 0. O0
.~otel ~d ~avel ~ailer lot "~'~':~'.~
r~tal space ~its
0 .'.gal/~y/~t)
~.~.: $ 540.00
industrial toilet ~tts (not to tnclude --:.
waste) '"~
1,960 · 00 .:~:~:...
,or coin o~rated -..:~
..
~it) 9S0.00 ":~
%. .'". :'[ ._
lo~ge .
t seat) 17 O. O0
"' '":'
.,:~: · . :...'>....
. .. :
· ; ;:... )..~
..,.. ?' 51
1 041 2'tl
,,;, ~PPENDXX O
i,~ (3BH'KRALLY B~CLUDBD FROM ~OSZTION OF gl I~ACT FEZ8
~'-';" ..' ~d8 wi~in Collier Co~ty generally excluded from the
of Sewer System Impact Development as defined in the
Co~ty ~gional Sewer Systen Impact Fee Ordinanc~, Collier
. nan e No. 90- :
Jis~iot. ~.lusion of ~e Marco Water and Sewer District
t~ea~en~ capabilitie~ of the Regional Sewer System.
':.'.' . B. ~ose areas lying within ~e Goodland Water District.
. of ~e Go,land Water District rec~ntzes that ~t8 area
.'.'not presently pla~ed to ~ se~ed by the trea~ent
;'( ilities Of ~e Regional Sewer System.
:.- . ~. ~lden Gate Es~tes, Unit No. 1, Plat Book 4, Page 73,
. Records. of Collt~ Co~ty, Florida.
...-."" D. ~lden Gate Estates, Unit No. 2, Plat Book 4, Page 75,
Records of Collier Co~ty, Florida.
,,. B. Golden Gate Estates, Unit No. 3, Plat Book 4, Page 77,
:'.,~lio Records of Collier County, Florida.
"' F. Golden Gate Estates, Unit No. 4, Plat Book 4, Page 79,
Records of Collier Co~ty, Florida.
~ ;~.. ·
.~ ~. ~lden Gate Estates, Unit No. 26, Plat Book 7, Page 15,
Records of Collier Co~ty, Florida.
en (ia E n No. 27, Plat Book e 17, ~....
Records of Collier Co~ty, Florida.
I. Golden Gate Estates, Unit No. 28, Plat Book 7, Page 19,
~cords of Collier Co~ty, Florida.
:~.~..'~.~ Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57,
..~,.Rt~ord8 of Collier C~ty, Florida.
K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58,
Records of Collier Cowry, Florida. .:~:
L. ~lden Gate Estates, Unit No 31, Plat Book 7, Page 59,
Records of Collier Cowry, Florida.
M. ~lden Gate Estates, Unit No. 32, Plat Book 7, Page 21,
Records of Collier cowry, Florida.
N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60,
Records of Collier Co~ty, Florida.
O. ~lden Gate Es~tes, Unit No. 34, Plat Book 7, Page 23,
Recor~ of Collier Co~ty, Florida.
P. ~lden Gate Estates, Unit No. 35, Plat Book 7, Page 85,
Records of Collier Co~ty, Florida.
~. Golden Gato Estates, Unit No. 95, Plat Book 9, Page 45,
Records of Collier Co~ty, Florida. ~.~.
R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94,
Records of Collier County, Florida.
· . Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95,
.Records of Collier Co~ty, Florida.
of tha abova-rsferenced platted areas t ' Golden
recognizes that the nature of .the previous
platting of these areas primarily into large
tracts, the present zoning and constraints of the
Plan have severely limited the density and use of
areas in such a way as to make it impractical to serve most
these areas tn the foreseeable future via the Regional Sewer
!.'System or any other centralized sewer utility.
.:~ "However, the above exclusions are not absolute and lands
wt. thtn th~ excluded areas which either are required to or
connection to th~ Regional Sewer System~ or otherwise
a growth necessitated demand to expand the Regional Sewer
shall i~ ~ubJect to the Imposition of impact fees under
l~ctt°n 2.01 of the Collier County Regional Sewer System Impact
tn the same manner as if said lands were
as Sewer System Impact Development.
~".. T. Those areas lying within the Pelican Bay Improvement
Although the Pelican Bay Improvement District is wholly
the Collier County Water-Sewer District, the Collier County
District does not presently exercise any Jurisdiction
power over properties located within the boundaries of the
~ Bay Improvement District.
.
NA~TER PLANS
Water Master Plan for Western Collier County, Vol I & II,
· :,..: :,
, Montes & Associates, Inc. and PRC Consoer Townsend
~.' %'.:.'~'~ . .ting ~gtneers, (1986) . '..~....
Collier Co~ty 201 Facilities Plan U~ate, Hole, Montes &
~soctates, Inc., (May, 1986}
::~. SOU~ Co~ty Sewer Master Plan - Feasibility and Impact Study
" for S~age ~atm~nt and Collactton Factlitt~s for Colltor
~ Co~ty, Florida, Hole, Montes & ~soctates, Inc., an~ PRC
Consoer To, send Consulting Engineers, (April, 1986)
4. No~ Co~ty Sewer Master Plan - Feasibility and Impact Study
for Sewage ~ea~ent an~ Collection Facilities for Collier
' County, Florida, Hole Montes a ~soctates, Inc., (Nove~er, '""
-'~'. ~. ~llier Co~ty Gro~ ~nagement Plan, (Jan. 1989)
~ - ~ , .,.<- .., . -:, ·
:, '.. ,:..... .:.-.-~
.... .~.% ~-..., ?.". ,,, . , ';.:::..:..;.. .~,.":: :,
;~ ~ ;.,.~;. %%.~.~ ,,; t. , , . . .',..:. .
)." . - ., . -; .'. "~ · .
. .'.. ,,: ,. :~.,;..:::...~::....:-... '
,.-,-,~-~,~:. ' .,-.
_
'.,.~-=;. ?$'~ ...
.'.'.~.~ v. :i/..-:'.' ~ . ".~-:~?.'.' ..,.'
C. ~iLES, C~erk of Courts ~n and for the '
Judicial Circuit. Collier County, Florida, do
:'certify that the foregoing t~ a true copy of: .~
¥¥' f
"'~,."". Ordinance No, 90-8~
wam. adopted b~ the Board oT Co~t~ Commissioners on
' 2~th.' da~
oT November, 2990, during ~e ar Session, -
~I~88, ~ h~nd ~d the o~tct~l seal of the Board of
Imtonerm of Collier County, Florida, this 3rd
, I990. ~,'
, ~ - ,
~,,', [' ',. .
.... J~ES C. GILES -~.''"a
,.., Clerk of Courts and Cler~'~ .. .......
.~.. ~-off~c~o to Board of ~.. .,. .,,.
~ · "~ ~: /s/Maureen Kenyon , , '
"~ Deputy Clerk ~,. . ~
.. ./
~;'