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Ordinance 2010-22 'O~'\0111.21.., ",'0"\ ~ i"~{s- J' \,,\\;.;)~1\& ~ Z \-:.':' "J oS \~ . \ -, ~ Q N <'6- :Mt ORDINANCE OF THE BOARD OF COUNTY ~<?c-.(.?9Zgz:'dt MMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR CHANGES TO THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT"; INCORPORATING CHANGES TO ALLOW IMPACT FEE CREDITS TO RUN WITH THE LAND UNTIL USED OR TRANSFERRED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2010- 22 ) WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for various facilities since 1978; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, on March 24,2009, the Board of County Commissioners adopted Ordinance No. 2009-14 which established the "Impact Fee Program for Existing Commercial Redevelopment," through which development is not required to pay additional impact fees related to changes of use within an existing building, provided it meets the specified criteria; and WHEREAS, on April 27, 2010, the Board of County Commissioners directed that changes be incorporated that represent potential improvements to the Program; and WHEREAS, the Board of County Commissioners also directed that the Consolidated Impact Fee Ordinance be amended to allow impact fee credits to run with the land until used or transferred. Page 1 of 5 Underlined text is added; 81m"" through text is deleted NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Impact Fees, Section 74-201, Imposition of impact fees, subsection (c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows; Section 74-201. Imposition of impact fees. *** (c) Change of size or use. Impact fees shall be imposed and calculated for net increase, alteration, expansion, or replacement of a use or a building, or part of a building (including dwelling unit), and each accessory or non-accessory building, provided such net increase, alteration, expansion, or replacement of the use, building, or part thereof or therein, by applying this chapter results in; (1) a net increase in the number of dwelling units; (2) a net increase in the size or square footage of a building; (3) a net increase in the size of the use; or (4) intensification of the use so as to constitute an expansion of the same use category or result in a change to a higher impact fee land use category; or (5) otherwise create additional demand or additional impacts on any of the public facilities. The impact fee imposed under the applicable impact fee rate shall be calculated as follows; *** (5) Impact Fee Program for Existing Commercial Redevelopment. Proposed developments which meet the criteria set forth below shall not be assessed additional impact fees related to changes of use within the existing buildings, exeept for water and wastewater impaet fee assessments whieh are exempt from this program. This program will officially sunset two years from the date of adoption unless continued by a resolution of the Board of County Commissioners prior to this date. a. Development is proposed within a lawfully existing building whieh has had a Certificate of Occupaney issued for at least ~ ;1 years prior to the commencement of this program. Impact fees for the existing building must have been paid the then applicable impact fees at time of construction; and b. Proposed development is solely within the existing building and does not include the addition of any new square footage. c. Demolition and reconstruction projects are not eligible for this program. *** Page 2 of 5 Underlined text is added; 8tme" through text is deleted SECTION TWO. Article II, Impact Fees, Section 74-203, Use of funds, subsection (f) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows; Section 74-203. Use of funds. *** (f) The impaet fee colleeted pursuant to this ehapter (including all predecessor ordinances that are hereby being eonsolidated into this chapter) shall be returned to the then current owner of the property for which sueh fee was paid if which fees have not been expended or encumbered prior to the end of the fiseal year immediately following the sixth anniversary of the date when the respective impact fee was paid. Refunds shall be made only in accordance with the following procedure; (1) The then eurrent owner shall petition the board for the refund prior to the end of the fiscal year immediately following the siJHh tenth anniversary of the date of the payment of the respective impaet fee. (2) The petition for refund shall be submitted to the county manager, and shall eontain; a. A notarized sworn statement that the petitioner is the then current owner of the property for whieh the impaet fee was paid; b. A copy of the dated receipt issued for payment of sueh fee or such other record as would clearly indicate payment of such fee; c. A certified eopy of the latest recorded deed; and d. A copy of the most recent ad valorem tax bilL (3) Within 90 days from the date of receipt of a complete petition for refund, the county manager will advise the owner of the status of the impaet fee requested for refund, and if such impaet fee has not been expended or eneumbered within its applieable time period, then it shall be returned to the then current owner. 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. Sueh funds may be encumbered by eontract, bond, resolution, ordinance, or otherwise. (4) Impact fee monies refunded by the board in accordance with this subseetion (e 1) shall be paid with interest accrued to the prineipal being refunded but not to exceed the rate of five percent simple interest. Except as provided for in this subsection (e 1), no interest shall be paid upon the return or refund of impact fees. *** Page 3 of 5 Underlined text is added; SlNek-4fOOgl> text is deleted SECTION THREE. Article II, Impact Fees, Section 74-205, Developer contribution credit, subsection (t) of the Collier County Code of Laws and Ordinanees is hereby amended to read as follows; Section 74-205. Developer contribution credit. *** (f) Upon approval of a plan for thc dedication or contribution, a developer contribution agreement shall be entercd into between the county and the owner. A nonretimdable processing, review and audit fee of $2,500.00 shall be due once the voluntary plan has been approved and prior to the preparation of a contribution agreement by the county attorney. The processing, review and audit fee shall be returned to the applicant if either the county manager, the authorized division or department administrator, or the board determines the proposed plan is not aceeptable. The processing, review and audit fee shall become non-refundable when the board authorizes the county attorney to prepare a contribution agrcement. The contribution agreement shall, at a minimum, provide for and include, but not be limited to; *** (4) The duration of the agreement, which shall not be for a period in e)(cess of fi','e years from the date the county ackno.,yledges completien ef the appro','ed centrilmtien er from the actual date of dedicatien, but in no event shall the duratien exceed se','en years, exclusive of any controlling moratoria, from the date of recording in the official records Impact fee credits shall run with the land in perpetuity. interest free. until used or assigned. *** SECTION FOUR. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any othcr Ordinance of Collier County or other applicable law, the more rcstrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not atfect the validity of the remaining portions. SECTION FIVE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- Page 4 of 5 Underlined text is added; ~ll text is deleted lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX. EFFECTiVE DATE. This Ordinance shall become effective upon filing with the Secrctary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida thisJ5.fl> day of M ~j ,2010. ATTEST. Dwight r;::. Br,Qck, Clerk .;", ." ,.j 'j....~ 1., BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By;..:- ~. ,-.",'" "_ ,jl', "~', ... r""'~'l ' .l""~, ~ Ap~r Ve. as. o~~' and I ga' s eft By; '~...l L,,) c""-t FRED W. COYLE, CHA R: AN , ,;I ..c. Jeffre Count At ney This OrdInance ffled with the ~~: 8fj~ff~'b1O and ocI<nowredgeme .d... that firi received ~B 'rn doy of . By {.).(;, Page 5 of 5 Underlined text is added; ~ text is deleted .-. ..... .~... STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-22 Which was adopted by the Board of County Commissioners on the 25th day of May, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of June, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to BoaJr-fl,'~'fh'!!>" County commissi?:i1'~'rii""'" /l. . . .-- ' u...u.,L. ~" ,; -' ,', ,'rOe '".\:. -", '.,.;, . "', Ann Jennej'bl1' ,,":','." , "oi,~1 Deputy Clerk "", By: