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Ordinance 88-096CO~LZSR COUNTY~ FLOR/DA p~Y~ ~ P. ECREATION~.L FACILITIES IJ(P~CTFL~ ORD~ ORDI~ANCE NO. 88-96 Section 1.01 I:mfin~ione · . · .......... , , , * Section ~.02 Section ~.03 SectLon ~.04 Rules Of ConstrUction Findings .... . , · Adoption of Impact Fee Stud~ and Comprehensive Plan ............. ARTICLE ]~GIOKJ~ P,XR~ Z]~C~ Section 2.02 Use of Honies · · · · Section 2.03 Alternative Fee Calc~lation ARTICLR III COH~D~XTY PARK IMPACT FEB Section 3.01 Imposition .... , · ......... , Section 3.02 Use of Hon~es · · · · · , ..... · · , Section 3.03 Alternative Fee Calculation ....... 6 '7 10 11 3,1 14 17 19 23 Section 4.02 Section 4.03 Section 4.04 Section 4.01 Exemptions ~angt o~ Size Section 4.05 Affordable Housing ........... Section 4,06 Alternative Collection Hetho~ Bec~ton 4.07 ~v~lop~ Contribution ~dl~ Section 4.08 Review Hearings ..... . ..... Se~ion 4.09 Review Re~iremen~ .......... Se~lon 4.10 ~clara~ion of ~clusion from 8e~lon 4.11 Severablli~M ........... ~ec~lon 4.12 E~fec~ive Da~e ............ 26 2~ 29 37 41 45 47 48 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I lnpact Fee Rates lmmokalee CommunttM Park Dlstrtc~c Boundaries East Naples Community Park District Boundaries Golden Gate Community Park District Boundaries Marco Community Park District Boundaries North Naples Community Park District Boundaries South Naples Community Park District Boundaries Urban Estates Community Park District Boundaries Affordable Housing Standards ORDINANCE NO. 88-96 R~CR~ATION~ I~ACILITIES I~P~tCT FEE ORDII~ AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE~ PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS~ ADOPTING A CERTAIN IHPACT FEE STUDY~ INCORPORATING BY REFERENCE TI{E COMPREt{ENSIVE PLAR~ PROVIDING FOR THE IMPOSITION OF REGIONAL PARK IHPACT FEES ON ALL PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION OCCUI~RING WITHIN COLLIER COUNTY~ PROVIDING FOR THE IMPOSITION OF COMMUNITY PARK IMPACT FEES ON ALL PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION WITHIN TBE UNINCORPORATED AREAS OF TME COUN'I~Y AND ALL ~UNICIPAL AREAS, EXCEPT THE CITY OF NAPLES ~ CREATING COMMUNITY PARK DISTRICTS DEFINING THE TERM PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION~ PROVIDING FOR THE PAYI~ENT AND COIJ~-ECTION OF REGIONAL PARK IMPACT FEES ~ PROVIDING FOR THE USE OF REGIONAL PARK IMPACT FEES COLLECTED~ PROVIDING 'AN ALTER/~ATIVE F~ZT~OD OF CALCULATION OF REGIONAL PARK IMPACT FEES~ PROVIDING FOR THE PAYMENT AND COLLECTION OF COMI~UNITY PARK IMPACT PROVIDING FOR THE USE OF COOl, UNITY PARK IMPACT FEES! PROVIDING AN ALTERNATIVE ~OD OF CALCULATION OF CO~UNITY PARK IMPACT FEES; PROVIDING FOR EXEMPTIONS IN CONNECTION WITH REGIONAL PARK IMPACT FEES AND COFD~UNITY PARK IMPACT FEES; PROVIDING FOR CHA~GES IN SIZE AND USE OF A BUILDING OR DWELLING UNIT; PROVIDING FOR VESTED RIGHTS~ PROVIDING FOR AFFORDABLE HOUSING EXEMPTION AND AFFORDABLE HOUSING REIMBURSEMENT ! PROVIDING AN ALTE~.NATIVE COLLECTION METHOD FOR THE REGIONAL PARK IMPACT FEE AND THE COMHUNITY PARK IMPACT FEE! PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTION~ PROVIDING FOR REVIEW REQUIRING ANNUAL REVIEW~ DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT! PROVIDING FOR SEVERABILITY~ PROVIDING AN EFFECTIVE DATE. ~ follo~nq te~s shall hav~ ~ foll~inq meanings, unless conte~ clearly ~ndlcates ~ccesso~ Build~ng or Stru~ture~ shall mean a de~ed~ s~lnate st~ct~re, ~e use of ~hich ts clearl~ ~ndicated and related to ~e us~ o~ ~e principal Bu[ldinq or use of the land and ~hi~ Is located on ~e sa~e lot oEfer~d for sal~ or rent for an a~ount ~hich ~s ~th~n the standards set forth and established ~n Appendix I o~ th~s O~nance. -Alternative Conunit~ ~ark Xmpact Fei" shall mean any alta~ative fee cal~lated b~ ~e Appll~nt and a~ed ~a~ pursuant to Section 3.03. '. ~te~ative ~hs ~ ~ecreationml X~pact Fee ~tud~ shell ~ean a stud~ prepared bM the Applicant and submitted to co~t2 Hanaqer pursuan2 to ~ecti°ns 2.03 and 3.03. ~lternative Reqio~al ~ark X~pact Fee~ shall ~ean anM alternakive fee cal~laked bM an Applicant and app~ed b2 ~a~ pursuank to Section 2.03. ~p~ent- ~eans a rental ~ellinq Unit locat~ ~l~in sane Sulldtnq as o~her D~ellinq Unl~ Pe~it. ,= t82' ~Bo&rd# shall mean the Board of County Commissioners Colliar County, Florida° . #Building# shall mean any structure, either temporsr~ or ps.anent, built for the suppo~, sheltor or enclosure o~ ~att~ls or prope~7 o~ an~ kind. ~ls te~ shall include tent~ trailers, ~oblle ho~es or any v~hlclos s~lng In any ray function cf a Buildin9. This ts~ shall no~ include te~ora~ const~ctton sheds or trailers erected to assist tn const~lon and ~atntatnsd during ~e ts~ of a ~llding Penlt. ~auilting ~rsit~ shall ~ean an official doc~nt or certificate issued by the authority having ~urlsdtctlon, authorizing the construction or s~tlng of any ~lld~ng. For pu~ses of ~ls Ordinance, ~e te~ "Building Ps.it' shall also include tie-do~ pe~ts for ~ose st~cturel or ~ldingl, as a ~obile h~e, ~at do not re~lre a ~lldlng ~lt In to bi oc~pted. '. ~C~lt~ ~ktt io a 'drive-to' park desired to ll~l needs of four to six nelg~orho~s constituting a c~ity are f~tly r~cr~akional centers ~lth pr~m and facilities for .all aq~ groups. Such parks and facilities are Intended to an area oE approximately ~re~ ~ll~s ridlus. -Couunitl Pa~k Dlst~l~t~ shall ~an one o~ ~ s~en (7) districts located vithln tht Count~ vhich are dtscribtd Appendices B, C, D, E, F, 6 and H to ~ls O~lnance, and ~ich a separate Co~nity Park I~pact F~t Is ~ r "~A~ ~ark l~pact ~ee" shall lean the fee l~posed by /~'~. the count7 pursuant to Section 3.01 or, i£ applicable, the ~ternative Com~unitM Park X~pact Fee. "Cc~prehensive Plan" shall lean the co~prehensive plan o£ the County adopted and aaended pursuant to the Local Goverr~aent Co~prehensive Planning and Land Development Regulation ~ct, "Condoliniu~" aeans a single-really or tile-sharing ownership unit that has at least one other allilar unit within the sase building structure. The term Condo~lniu~ includes all fee si=pla or titled ~ulti-unit structures, including to~nhouees and duplexes. · Countt' shall lean Collier County, a political mAbdivisio~ of the State of Florida. 'Caunt~ Attorney' shall lean the Person appointed by the ~ard of county Cmieelonere to serve ae its cotmsel~ or the designee of such Person. .. ,county N~nage~' shall ~ean the chief ad~inietrative o££1oer of the County, appointed by the ~oard cf County Cmiaelonerm~ or the designee of such Person. ,County Park ~yete~' or 'Park Z~ta~e shall include all Co~aunity Park~ and Regional Parks operated by the County, 'D~elling Unit' shall ~ean a Building or portion of a Building deeiqne~.r or whose primary purpgse for reeide~tSal occupancy, and which conziste o£ one or ~ore roo~e vhich are arran~ed~ designed or use~ aa livin~ ~uarters for one or lore ~arsons. #Zncuabars~# shall mean non,as committed by contrac~ or purchase order in a manner that obliqatea the County to &xpend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real proserty provided by a vendor, supplier, contractor or Owner. -Impact Fee- shall mean collectively the Regional Park Impact Fee and the Community Park Impact Fee. -Impact Fee .Study" aha11 lean tho study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 4.09. lequlation Act- means the provisions of Part II, Chapter Florida Statutes (1987), as amended or supplemented~ or successor in function. "Mobile Home# leans lanufactured homes, trallerl~ ~~ or recreational vehicles. -owner# shall lean the Person holding legal t~tle to the real property upon which Parks and Recreational Fac~lities Construction is to occur. .. .Parks and leoraat~on D~rsotor# shall mean the Person appointed by the Board or the County Hanager to supervise the administration, operation and acquisition of the County Park System, or the designee of such Person. -Parks and ~eoreational Facilities Impact Co,or,orion- shall mean land development construction designed or intended periit lore Dwelling Units than the sxisting uss o£ land. "Parson' shall mean an Individual, a corporation~ . · partnership, an incorporated association, or any other similar entity. #Regional Parks' ara parks designed for diversified recreational and passive usa by large numbers of people throughout the County. Such parks and facilities provide · variety of recreational activities end serve ·n ·re· of approximately 60 niles radius. "Residential#. Beans Apartnante; Condcainiuns, Hoblle HoB·s; Single-Fanlly Detached HOUlll or Adult Congregate LlViff~ Facilities, as that tara ia defined by Section 400,402; Florid· Statutes. .. #Singls-Fa~lyD~tached House# Beans · home on an individual lot, Section 1,02, Itu/ss of Construction. For the purposes of administration and enforcement of this Ordinance; otherwise stated in this Ordinance, the following rules of construction shall &pply~ A. In cas~.aof any difference of Leaning or between the text of this Ordinance and any caption, summary table, or iljustrative table, tho text shall control. B. The word 'shall' is always Bandato~ and not discretionary and the word 'may' is permissive. C. Words used in the present' tense shall include the future! words used in .the singular ·h·11 include the plural and the plural the singular, unless the context clearly indicates the contrary; and uss of the Basculine gander aha11 include the rninin, g.nd.r. ,00, 6 D. The phrase 'used for' lncludel 'arranged £or,# #daaiq~ad for,w '~aintainsd for,# or #occupied fcr.# Z. Unless the context clearly indicated the contrary, ~hara a rag~lation involves two or lore lta~s, conditions, provisions, or events connected by the conjunction "and,# "or" or #either...or#, the conjunction shall be interpreted ae 1. #And#indicates that all the connected conditions, provisions or events shall apply. 2. 'Or' indicates that the connected lte~m, conditions, provisions or events may apply singly or in any combination. 3. "Either...or" indicates that the connected lte~, conditione, provl~ion~ or evente ehall apply singly ~t not in co~bination. F. ?he word "includes" shall not limit a taim to the. specific example but is intended to extend its leaning to all other instances or circumstances or like kind or character. .. lectio= ~.03. Findings. It ie heroby ascer~ained, determined an~ declared: A. Future growth represented by Parks and Recreational Facilities Impact Construction should contribute its fair share to the cost of improvements and additions to the County Park System that are required to acco~=odate the use of such parks and recreational £acllitiee by such growth, B. I~plementation of the l~pact ;'ee to require futura Park~ and Recreational Facilities Impact Construction to contribute fair share of the coat o~ i~provalants and additions to the County Park System is an integral and vital element of the regulatory plan of growth managemant incorporated in the Comprehensive Plan. C, The standard of service for the County Park System, as determined in the Impact Fee Study, II hereby approved adopted by the County and found to be in conformity with the Co~pr~ens[ve Plan. D. Capital planning ~s an evolving process and ~e standa~ of se~ce for ~e County Park Systea constitutes a proJe~on anticipated need for parks and recreational facll~ties, upon present ~ledge and Jud~ent. ~erefore, ~n rec~lt~on of changing qr~h patte~s and ~e d~c nature of ~lat~on growth, it ~s the ~ntent of the Board that the standard of se~ce for ~e County Park System and ~e I~pa~ Fee ~sed reviewed a~d adjusted per[~cally, p=rsuant to Se~on 4.09, to ~nsure ~at ~e Par~ and Recreational Facil~ties I~a~ Fees are [~posed e~itable and lawfully, based upon a~ual and gr~h at ~e time of ~e~r ~mpostt~on. -. · . ~e tm~sition of ~e Regional Park I~ Fee a~ Co,unity Park Impact Fee Is to provide a source of r~enue to fund the const~ct~on or ~mprovement of ~e County Park necessitated by qr~ as delineated In ~e capital l~r~eBent element of ~e C~prehensive Plan. F. The Board specifically r~ndo that RegAonal Parks benefit all residents of ~e County ar.d, ~erefore, ~e R~lo~l Parks Xnpact Fee shall be imposed l~ all areas of ~e C~ty, ,= 188 --- m g 'lhcluding both the unincorporated a:'ea and withl~ ', boundaries. G. The Community Parks within the County Park System provide a real and substantial benefit to all residents of the County, including those within the City of Naples. In recoqnl%l~n of ~he recreational facilities and activities which are provided by the City of Naples and which parallel the Conuaunity Parks within the County Park System, the Community Park Xnpact Fee shall not be imposed within the municipal boundaries of the City of Naples. H. The Board specifically finds that Community Parks within the County benefit all residents within each Connunity Park District established pursuant to this Ordinance.. X. This Ordinance shall not be construed to pernit collection of Xmpact Fees from Parks and Recreational Facilities Xnpact Construction in excess of the amount reasonably anticipate, d to offset the' demand on the County Park System generated by the Parks and Recreational Facilities Xnpact Construction occurring subsequent to the effective date of this Ordinance. ~. Ail improvements and additions to the County Park System needud to eliminate any deficiency between the existing Parks System and the standard of service as adopted in the Comprehensive Plan, shall be funded, by revenues other than Xnpact Fees. Therefore, the revenue derived from the lnpact Fee shall be utilized only for the acquisition of lnprovenents and additions to the County Park System which are necessitated by Parks and Recreational Facil~t~es Impact Construction occurring subsequent to the effective date of this Ordinance. K. It is hereby declared to bi the policy of the Boaz~ re~ired to acco~ate future gr~, shall be funded by ~e revenue derived from ~e Par~ and Recreatio~al $ysto Impact Fee. ~erefore, no credit shall ~ given for ~x revenue sources which nay have been utlliz~ in prior yea~ for ~e f~ding of Park Systo i~r~ents or additio~. avant that this poli~ la altered by ~a s~se~en~ a~ion Board, or If additional revenue is ~eceived and cmitted for ~ necessitated improvements and additions of ~e Cowry Park System, the Impact Fee shall be adjusted at ~e a~ual re,ired pursuant to Section 4.09 and credit shall ~ given for any tax revenue which has been utilized for growth ~r~ents and additions to ~e County Par~ Systo~. .. BloW,on 1.04. a~op~ion of ~pao~ PlO I~udF~d Yl~. ~e ~a~ hereby a~opts an~ Lnco~orates ~ reference study entitled NI~ac~ Feel for Par~ and Recreational Facilitiel for Collier County, Florida,a particularly the assumptions, conclusions and findings in such study aB tO ~e deracination of ~lcipated costa of additions to ~e County Park System the Comprehensive Plan as approve~ on Au~s~ 1, 1988, Is ~elates to the ~nprovanents and add~tLons to ~e C~y ~t~GIO~L P~t~ ~:XPXCT FIB leotion 2.01. I~po~ition. A. All Par~ and ~ecreat~onal Fac~l~t~ei Impact w~th~n the County, both v~khln the unincorporated areal and vixen the bo~darle~ o~ all ~un[c~pal~tlel, Ihall pa~ ~e Req~onal Park Impact Fee as ~t fo~ and es2abl~hed In Appendix A. B. ~e Regional Park Impact Fee shall be paid ~n addition to ~e C~ty Park Impact Fe~ and all o~er fees, cha~es and aisels~ents due for the ~isuance of a building pe~t and lnkend~ to pr~lde f~ds onl~ for g~ necesll~t~ ~Mn~ a~ additions to Regional Parks v~n ~e Counk~. .. ~eot~o= 2.02. U~e o~ ~on~el. A. The Board her~y es2ablishes a separate t~st acc~t for the Req~onal Park I~pact Fees, to be designated al the 'Regional Park I~pack Fee ~st Account' vhl~ shall be separate and apa~ fro~ all other accounts o~ the C~ty, Regional Park Iapack Fees shall be depos~t~ ~nto ~ t~lt acco~k ~edtately upon rece~pk. B. ~e non~e~ deposited Into ~e R~onal Park I~ Fie ~st Accost shall be used solely fo~ ~e pu~ose o~ pr~ld~nq qrovth necessitated caplkal ~npr~m~ents and additions to R~onal Par~ v~n ~e Count~, includ~nq, bu2 not linit~ tot 1. desl~ and const~lon plan preparation~ 2. pe~lttinq and 9. 10. Parks ~ 11. 3. land and materials acquisition, Including any costs of acquisition or condemnat~on~ 4. construction and design of improvements and additions to Regional Parks~ 5. design and construction of new drainage facllltl~l required by the construction of improvements and additions to Regional Parks~ 6. relocating utilities required by the construction of improvements and additions to ~egional Parks! 7. landacaplng~ construction management and lnspectlon~ surveying, soils and material testlnqt acquisition of capital equipment for Regional repayment of monies transferred or borrowed any budgetary fund of the County subeequent to the adoption of this Ordinance, which were used to fund any of the Impacted improvemente or addittone es herein provided! 12. payment of principal and lntereet~ necessary reserves and costs of issuance under any bonds or other Indebtedness issued by the Count~ to fund growth ~pac~ed improvements and additions to the Regional Parka subsequent to the ad~tion of this Ordinance and 13. reimbursement of excess Regional Park lnpac~ Foil due an Applicant pursuant to Section 4.08 or Ilpa~c Fill paid on Affordable ~ousing pursuartt to Section 4.05, 033-, 192 Funds on deposit in the Regional Park Impact Fee Trunt Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. C, The moneys deposited into ~le Regional Park Impact Fei Trust Account shall be used solely to finance improvements and additions to Regional Parks required by growth as projected in the Impact Fee Study. D. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such Investments shall be deposited in the Regional Park Impact Fee Trust Account and used as provided herein. E. The Regional Park Impact Fee collected pursuant to this Ordinance shall be returned to the then current owner of the property on behalf cf which such fee wes paid If such fees have not been expended or encumbered prior to the end of the fiscal year L~msdlately following the sixth anniversary of the data upon which such fees were paid. Refunds shall be Lade only in accordance with the following procedurez 1. The then current owner must petition the Board for the refund prior to the end o£ the fiscal year immediately following the sixth anniversary of the data of the payment of the Regional Park Impact .Fee. 1. The petition for refund shall be submitted to the Parks and Recreation Director and shall contain, (a)' A notarized sworn statement that the Petitioner is the then current Owner of the propertM on behalf o£ which the Xmpact Fee vas pai~ (M) · copM of ~he da~e~ receip~ laaue~ ~or pa~em~ o~ such fee~ or such o~her recor~ aa woul~ l~lca~e pa~en~ o~ such ~ee~ (c) A ce~i~le~ cop2 ~ ~he la~ea~ reco~e~ ~ee~ an~ (d) A cop2 o~ ~e ~ost recent ad valore~ ~x bill. 3. ~l~tn ~ree (3) ~on~s fr~ ~e date o~ receipt of a petition for refund, ~e Par~ and ~ecreatlon Director viii advise the Petitioner and the ~a~ of ~e status ~e I~pact Isa repasted for refund, and If such I~a~ Fee has not been expended or entered vt~tn Its applicable tt~. period, ~en it shall be returned to ~e ~etttlon~r. For the purposes of ~is SeXton, fees collected shall deemed to be spent or entered on ~e basis ol ~e first fee In shall be the first fa. out. Seotion 2.03 Mtematlve ~ee Celestion. A. In the event an Applicant ~liaves ~at ~e ~ to Beglonal Parks resulting from his Par~ and Recreational Faollities X~act Const~ctlon Is less ~an ~e fee est~llshed In ~e~lon 2.01~ such Applicant ~y, prior to l=s~ance o~ a ~ildi~ for such Par~ and Recreational Facilities X~a~ Const~ion, · ~mit a cal~lation o~ an Alte~ative Regional Park to ~a office of ~e County Nanager puzsuan~ to ~a pr~lslons o~ 033, 194 this Section. Upon receipt o£ the Alternative Regional Park Impact Fee, the County Hanaqer shall schedule a hearing ba£ora the Board at a regularly scheduled masting or a special masting called for the purpose of reviewing the Alternative Re,lena1 Park I~pact Fee and shall provide the Applicant written notice of time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alte~.ative Regional Park I~pac~ Fsi was submitted. B. The Alternative Regional Park Impact Fee calculatior~ aha11 be based on data, information or assu~p~ions con~ained this Ordinance and the Impact Fee Study or an independent aourca~ provided that the independent source is & local study supported by a data base adequate for the conclusions contained An such study l~rformed pursuant to a generally accepted methodology based upon generally accepted standard sources of relating to facilities planning, cost analysis and C. If a previously approved Parks and Recreational Facilities Impact Construction project submitted,, during its approval process, an Alternative Parks and Recreational Facility Impact Study substantially consistent with the criteria required by this Section, and ~f such study Is dateLmined by the Board to be currant, the parks and recreational impact of such previously approved Perks and Recreational Facilities Impact Construction shall be presumed to be as described l~. the prior study. In such circumstances, an Alternative R.giona] Park Impact Fas sh&11 be established reflecting the impact described in the prior study. There shall be a rebuttable presUmption that an Alternative Parka and Recreational Facility Impact Study conducted years earlier la invalid. D. If ~e ~a~ datelines ~at ~e da~a, lnfo~ation and ass~ptlons u~llized by ~e Appllcan~ ~o cal~la~e ~he Al~e~a~l~e Regional Park Xmpact Fee complies with the re~lreaents Section and that the Alte~a~ive Re~lonal Park X~a~ Fee was calculated by ~e use o~ a generally accepted se~h~ol~, ~te~ative Regional Park Xmpact Fee shall ~ paid fee set fo~ in Section 2.01. E. If ~e ~a~ de~e~lnes ~at ~e da~a, Anfo~tion a~ a~a~kion~ ukilized bM ~e Applicant to cal~late ~e Alte~tive Reqiomal Park Zmpact Fee doe~ ~ot c~plM wl~ ~e re~ir~en~ o~ ~la Sec21on or ~at ~a ~lte~atlve R~iomal' Park Z~ Fee ~a mo2 cal~lated bM a qemerall~ accepted meth~ol~, ~en Co.tM ahall provide to ~e Appltcamk bM ce~i~ied ~ll, retu~ receipt re~aa2ed, ~ltten moti~lcation of ~e reJe~lon ~te~ative ~eqional Park Zmpa~ Fee and ~e reason F. The decieion of the Board ahall be In ~ltinq and laaued wi~in ten (10) workinq daye of ~a revl~. ~. Any Applicant or Owner who haa ~ltt~ a ~te~akive Reqional Park Xmpa~ Fee purmuant to ~le ~e~ion and de~lre~ the immediate l~uanca of a ~ildinq Pe~it ~hall prior to or a2 the time the re~e~t for haarinq applicable Reqional Park Xmpact Fee ~r~uant to Se~lon 2.01. ~aid pa~ent ~all be dae~ed paid under '~oteat' and ahall not f be construsd as a valver of any right of rsvisv. ~ny dl££erence betveen fha amount paid and tbs amount dus, as detar~lned by the Board, shall bs rs~undad to tbs Applicant or O~naro section 3.01. Iaposition. All Parks and Recreational Facilities Z~pact Construction occurring within ~e County, el~in ~e unlnco~orated areas and vlthln ~e boundaries of all lunlc~pal~t~es, except vlthln ~e ~nlc~pal ~darles C~t~ of Naples, .shall pay the Co.=unity Park Impact Fee es~lished b~ ~is Ordinance for ~e respective C~lt~ Park Districk where such Parks and Recreakional Facilities Conit~ctlon ti l~ated. A. ~e I~o~lee C~nlt~ Park District 11 her~ to ~nclude ~e boundaries set fo~ and establlsh~ al deicrl~ and dep~cked In Xppend~x B, attached hereto and inco~o~t~ reference. ~l I~okalee C~n~t~ Pa~k Dlltr~ct I~a~ Fee set fo~ and established ~n Appendix A Ii hereb~ l~ied on Parkl and Recreational Facilities I~pac2 Const~on B. The Ess2 Naples Co~un~t~ Park D~l~rlct ~1 hereb~ created to ~nclude ~e boundar~el let fo~ and eitabl~lh~ described and depicted ~n Appendix C, attached hereto and lncorporaked by reference. The East Naplel Co~unit~ Park D~str~ct I~pac2 Fee al se2 fo~h and e,~tabl~ihed ~n Appendix Construction located vithin the £ast Naples Community Park District. C. The Golden Gate Connunity Park District Il hereby created to include boundariee eat fforth and eatabliehed ae deecribed and depicted in Appandl~ D, attached hereto end incorporated by reference. ~he Golden Gate Cos=unity Park ~pact Fee al set forth and established In Appendix A il here~ i~l~ on all Parka and Recreational Facilities Impa~ Const~lon l~at~ wl~in ~e Golden Cate Co,unity Perk Vistrl~. V. ~e ~rco C~unity Park District is here~ created to include ~a boundaries set fo~ and established as descried a~ depicted in .Appendix E, attached hereto and lnco~orated by reference. ~e ~arco Co,unity Park Dl~tri~ X=~ Fee aa set forth and e~tablished In Appendix A is her~ ~sed ~ all Parks and Recreational Facilities Xmpact Con~t~ction l~at~ wi~in ~e ~rco Co,unity Park Dl~trict. .E. The No~h Naples Community Park District Aa her~ created to include ~e boundaries set fo~ ~d ear, Ii,bed as described and depicted In Appendix F, attached hereto and inco~oratad by reference. The North Naples Co=~unity Park Distri~ Impac= Fee as set fo~ and established In A~ndix A As hereby imposed on all Par~ and Rec~aational Facilities ~a~ Construction located within the North Naples Co=aunity Park District. 1~. The South Naples Connunity Park District is har~ created to include boundaries set forth and described and dap~c~ad ~n Appendix ~ a~achad hereto and ~ncorpora~ad b~ rafaranca. The Sou~h ~ap~as Co~unl~ Park hereby Imposed on all Parks and Recr,}a~lonal Facilities Impa~ Construction located within the South Naples Community Perk Distrt~. 6. The Urban Z~tatee Coa~uni~y Park Dl~trl~ 1~ her~ created to include ~e bo~darle~ ~et fo~ and de~cribed and depicted in ~ppendix H, attached hereto and inco~orated by re~ere~ce. The Urban Z~tate~ C~nit~ Park District Impact Fee a~'~et fo~ and e~tabll~hed hereby l~po~ed on all ~ark~ and Recreational ~acllitiee Construction located ~ithin the Urban Z~tate~ C~lt~ Park Di~trlct. .. ~. ~e c~it~ ~ark Impa~ Fe~ ~all be paid In addition to ~e Reqional Park Z~pact Fee a~d all o~er a~e~e~te due for the l~euance o~ e Bulldl~q intended to pr~lde fund~ o~l~ for adtition~ and C~it~ Par~ ~l~i~ the Co~unit~ P~rk District Recreational Facilitie~ I~pa~ Con~t~ction i~ l~ated. ~. ~e ~oard hereby e~tabll~he~ ~eparate t~t acc~ for the Co,unity Park I~pact Feee, to be de~lqnat~ eI~okalee Co~lt~ Park I~pa~ Fee ~u~t ~ccount, ffi3 Community Park Impact Faa Trust Account,# #~oldan ~ata Cmmunity Park Impact Fee Trust Account,# #Haroo Community Park Impact Faa Trust Account," "North Naples Community Park Impact Faa Trust Account,# "South Naples Community Park Impact Fee Trust Account,~ and the "Urban Estates Community Park Impact Fee Trust Acco~lt~# which shall each be maintained separate and apart from all other accounts of the County. All Comm~nity Park Impact Faaa shall be deposited into the respective Community Park Impact Fei Trust Account immediately upon receipt. B. The monies deposited into the respective Co~s~lity Park' I~pact Fee Trust Accounts shall be used solely for the ~tlrpOlt of providing growth necessitated capital improvements and additions to the Community Parks within that Community Park District, ~ncluding, but not limited to~ 1. design and construction plan preparation~ 2. permitting and fsas~ .. 3. land and materials acquisition, Including any costs of acquisition or condsmnation~ 4. construction and design of Improvements additions to Community Parks~ 5. design and construction of ne~ drainage required by the construction of ~prove~ents and to Community Parks~ 6. relocating utilities required by the construction of improvements and additions to Community P&rks~ 7. .landacaping~ 9. 10. Park~ ~ 11. construction management and inspectlon~ surveying, soils and material testlngr acquisition of capital equipment for Co~nlty repayment of monies transferred or borrowed fro~ expenditure Shall be Invested by the county. any budgetary fund of the County subsequent to the adoption of this Ordinance, which were used to fund growth Impacted improvements or additions as herein provtdedl 12. payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund qrovth i~pac~ed improvements and additions to Con~unity Parks .subsequent to the adoption of this Ordinance~ and 13. rel~ursement of excess Community Park lnpac~ Fees due an Applican~ pursuant to Section 4.00 or I~pac~ Fees paid on Affordable ~ousinq pursuant to Section 4.05. -. Funds on deposit in the respective Community Park l~ct Fee ~us~ Accounts shall not be used for any expenditure that would be classified as a maintenance or repair expense. C. The money deposited into a Cosoaunity Park X~pac~ Fee Trust Account shall be used solely to provide lmprovmnts or additions to Community Parks within the Co~unity Park District from which it was collected and td~lch is required by ~rowth as provided in the Xmpact Fee Study. D. Any funds on deposit which are not l~oaediately necessary ~11 income derived fr~n such lnvss~nsnts shall be deposited In the respective Connunlty Park Inpact Fee T~st Accounts and used as prodded herein. E. ~e co.unity Park Xmpaot Pea collecte~ pursuant to Ordinance shall be returned to the then ~rrent ~er o~ t~e prope~M on b~al~ o~ which such fee ~as pal~ l~ euch fees have not ~en e~ended or entered prior to the end o~ ~e year l~ediately roll,lng ~e sl~ a~ivers.~ o~ ~e data u~n which much ream were paid. Refundm mhall be ~ade onl~ accordance wl~ ~a followinq procedure~ 1. ~e ~en ~rrent ~er muat ~tition ~e ~a~ for ~e refund prior to ~e end o~ ~e fiacal Mea~ l~ediatelM 'followin~ the al~h anniversa~ off the date o~ ~e o~ ~e Co,unity Park Xmpact 2. The petition for refund mhall be mubmitted to ~e Par~ and Recreatiom Dlre~or amd mhall com~ln~ .. (a) A notarized ~wo~ ~tatement ~at ~e ~titio~er la the ~en ~ent ~er of ~e prope~M on ~half ~ich ~e l~a~ ~ee wam paid~ {b) A copy o~ the dated receipt immu~ for pa~ent o~ much fee, or much other reco~ am w~ld pa~ent o~ much fee~ ~c) ~ cavilled cop2 o~ ~e latemt ~co~ and ~d) i copy of ~a moat recent ad valor~ ta~ bill, 3. Wl~J~in three (~) months from the data of receipt of a petition for refund, the Parka and Recreation Director will advise ~he Petitioner and the Board of the status of the Impact Fee requested f~r refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then It shall ba 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 faa out. Seotion S.0S ~lternative Fee Calculatioa. A. Xn the event an Applicant believes that the l~q~act to Community Parks resulting from his Parks and ~ecraatlonal Facilities Impact Construction ia less than the fee established in Section 3.01, such Applicant may, prior to issuance of a Building Permit for such Parks and Recreational Facilities Impact Construction, submit a calculation of an Alternative Community Park' Impact Fee to the office of the County Manager pursuant to the provisions of this Section. Upon receipt of the Alternative Community Park Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called fcr the purpose of reviewing the Alternative Community Park Impact Fee and shall provide the Applicant written notice of the time and place of the hearing. Such'hearing shall be held within thirty (30) days of the date the Alternative Community Park Impact Fee tam submitted. B. ~he Altarnative ¢onnunity Park Xnpact l~aa calc~llationa shall be baaed on data. information o~ ass~ptions contained ~n ~is Ordinanc~ and the Impac~ F~e Study or an ~d~,nde~ provided ~at ~e ~nd~p~nd~nt source Is a loca~ study by a da~a base ade~a~e for ~e conclusions con~ained In su~ s~udy perfo~ed pursuan~ ~o a generally accepted ~e~h~ol~ and based upon ~enerally accepted s~anda~ sources o~ ln~o~ion rela~in~ ~o facilities plannin~ cos~ ~nalysis and de~raphics. C. Xf a previously approved Perks and Recreational Pacili~ies Xmpac~ ConstructiOn pro~ec~ subai~ad, durl~ approval process, am ~l~e~a~lve Parks and ~ecrea~lomal ~aclli~y X~pac~ S~udy whl~ complied wl~ ~e criteria re~lr~ Sec~lon~ and if such s~udy is de~eraimed by ~he ~a~ ~o current, ~he parks and recreational lspa~ of su~ approved Parks and ~ecrea~ional Pacili~ies X~pa~ shall Me pressed ~o be aa described in ~e prior s~udy. cir~ances, an Al~e~a~ive Co~i~y ~ark Xspa~ ~ee shall established refle~img ~e impac~ described in ~e prior s~udy. ~ere shall be a re~u~le pres~p~lon ~a~ am Al~e~a~lve and ~ecrea~ional ~acill~y X~a~ S~udy conduced sore years earlier ia invalid. D. Xf ~e ~a~ de~e~lmea ~a~ ~e da~, ln~o~ion ass~ions u~ilized by ~e Applicam~ ~o cal~la~e ~e ~e~a~iva C~i~y ~ark X=pa~ ~ee c~lies wi~ ~e re~lreaem~s Section and ~a~ ~e Al~e~a~lve C~.~i~y Pa~k X~a~ calculated by' ~he use of a generally, accepted ~e~ol~, ~ltarnative Corn=unity Park Zmpact Zaa ahall be paid in the faa sat fox'ch in ~action 3.01. Z. ~ ~ ~a~ d~ta~in~s ~a~ tbs data, ln~o~ation and ansumptionn utilized bM the Applican~ to cal~late the A~te~ative Co~uni~M Park Xmpac~ Fee does no~ compl~ ~l~h ~he re~ireme~l of ~is Section or ~at ~e Alte~ativ~ Co~nltM ~aF~ ~pa~ ~ee waa no~ cal~la~ed bM ~he uae o~ a generallM accep~e~ ~en ~e Coun~M ahall provide ~o. ~e Applican~ b~ ce~i~le~ re~u~ receip~ re~ea~ed~ ~i~em modification o~ ~e re~e~lon o~ ~he Alternative Commuml~y ~arR X~pac~ Pea an~ ~he ~erefor. · . The deciaion o~ ~he ~oar~ ahall ~e lm..w~l~img am~ laaue~ wl~lm ~em (10) wor~lng ~aMa o~ ~e review. ~. ~Y ~ppli~n~ or ~er who aubmi~a a pro~a~ Al~e~a~lve Co~uni~M ~arX Xmpac~ Pea pur~uan~ ~ ~ia Se~lon a~ ~e l~edia~e laauance o~ a ~ull~ing Pe~l~ ahall pay p~io~ a~ ~he tiaa ~he re~ea~ ~or hearing ia ~ile~ ~he applic~le Confirm ~arX Xmpa~ ~ee pur~uan~ ~o ~e~lom 3.01. ahall De ~eema~ pai~ ~der "Pro~ea~" am~ ahall ~o~ aa a waiver o~ anM ~igh~a o~ review. ~2 ~i~ference ~eem ~o~ paid an~ ~e a~oun~ due, aa de~e~lne~ ~ ~e ~e ref~de~ ~o ~e Applican~ or ~er. A. The following shall be exempted from pa~ant o£ the l~pac~c Fees: 1. ~lterattoms or e~anslon c~ an existinq Oni~ where no additional ~elllnq Onit~ are create. 2. The con~kruct~on of AccessorM Bulldl~q~ or St~cture~ which will not create additional ~elling Unit~. 3. The replacemen~ of a Dwelling Unit where no additional ~elling Unite are created. The co~sk~ction of publicly owned houainq. 5. The issuance o£ a tie-dcwn per. it on a ~oblle on which applicable Regional Park l~pact Fees and Co~smnity Park Impact Fees have previoual~ heen paid. .. lectAoa ~.02. ~a~eat. A. ~cepk aa o~e~iae pr~ld~ In ~ia O~lnance, prAor to the issuance of a ~ilding Pe~lt for a Par~ and Re--riehl ~acili~iea X=pac~ Construction, an Applicant shall pay the R~lonal Park Impact Fee and ~e Co.unity Park I~a~ Fee an net fo~ ~ SaPiens 2.01 and 3.01. B. If the Parka and Recreational Faoilitie~ Construction la locaked within ~e '~inco~rat~ aras of the county, the Reqional Park Xmpact Fee and Co~nitM Park shall ~ paid directlM to the C. I~ the Packs and Recreational Facilities Const~uction ~s located within a municipality, the Regional Park Iapact Fas and Co=unity Park Impact Fee shall be paid as £ollovst' 1. If the municipality has entered into an lnterlocal agreement with the County providing for the collection the Regional Park Impact Fee and Community Park Impact Fee~ such Impact Fees shall be paid and collected in accordance with the provisions of the lnterlocal agreement. 2. If the municipality has not .entered into an interlocal agreement with the County providing for the collection of the Regional Park Impact Fee and Co~unity Park Impact Fee, such Impact Fees shall be paid directly to the County. D. I£ the Parks and Recreational Facilities Impact Construction is located within a ~unicipality and the governir~ body of the municipality has not agreed to require proof payment of the Regional Park Impact Fee or Community Park Fee to the County prior to the issuance of a ~ulldl~ Per, it My the municipality or to require additionally the payment of the Regional Park Impact Fee and Community Park Xmpact Fee as · condition of the issuance of a Building Pe~lt by the~uniolpality, the Impact Fees shall be collected as provided in Section 4.06. E. The obligation for paYment o~ the Regional Park Fee and the Community Park Impact Fee ~hall run with the land. F. Xn tha event that a Building Perait issued for · ~ark~ and Recreational Facilities Impact Co£struction expires prior to completion of the Parks and Recre~tional Facllit~es Impact Construction for which it vas issued, the Applicant nay ¥i~hin ninety (90) days o~ ~e e~iratlon o~ the ~lldin9 Pe~l~ a~ly for a refund of ~e Regional Park Inpac~ Fee and ~he Park Impact Fee. Failure to timely apply for a refund o~ Regional Park Impact Fee and Community Park Impac~ Fee shall ~vo any r~ght to a refund. 1. ~o application fo= refund shall be filed w~th co~ty Manager and contain ~o foll~ng~ (a) ~e name and address of ~e Appl~can~f (b) The location of the pro~y which was s~Jec= of ~e Building Po~t~ .. (c) The date the Regional Park Inpac~ Fee Co~ty Pa=k Impact Fee ~ pa~d~ (d) A copy of the receipt of pa~e~ fo= the Regional Pa=k Impact Fee and Country Park I~ and ~ date o~ 2, After verifying that the Building Penl~ has expired and ~at the Parks and Recreational Facilities Xnpact const~ction has not been completed, the County ~ana~er shall refund the Regional Park Xnpact Fee and c~nity Park Xapact Fee paid for su~ Par~ a~'Recreational Facilities Xnpact Const~ction. 3. A Building Pekm~t ~hich ~e subsequently, is~ed for a Parks and R~cr~atlonal Facilit~s I~pack Const~ctioa on th~ sa~ prope~ ~lch vas ~e sub~c2 o~ a r~und shall pa~ ~ Regional Park I~pact Fee and Co~un~ Park l~p~ct Fee as re,ired by Sections 2.01 and 3.01. Sea,isa 4.0~. changes of else anl Use. Xspac~ Fees shall be imposed and calculated for ~he al~era~ion, e~ansion or replacemen~ of a ~ildin~ or Uni~ or ~he construction o~ an Accesso~ Building Af the al~ara~ion, e~ansion or replace~en~ of ~e ~lldin~ or Unl~ or ~e cons~c~ion o~ an Accesso~ ~llding results in a land use de~ermined ~o increase ~a n~er of ~elling Units. ~e X.pac~ Fee imposed shall be upon each additional Unl~ crea~ed by ~he alteration, e~ansion or replace.en~ o~ Building or ~elllnq Unit or ~e const~Aon of an Accesso~ ~ildlnq. -. Section 4.04. Vested Rights A. ~Y ~er o~ land whA~ was ~e s~ o~ a d~el~t o~o~ prior ~O ~8 effective da~e of ~As O~Anance My ~titlon the Board for a Vested Rights deracination which w~ld exit the landowner froa the provisions of this Ordinance, Such ~titAom shall be evaluated bM ~e County A~to~ey and a decision ~de baaed on ~e foll~i~w criteria~ X. ~he exis~ence of a vaXLd, ~e~lred g~e~ental act of ~e Co--tM au~orAzAng ~.t s~ci~Ac develc~ent ~Ach a de~e~AnatAon As sought; 2. Expandituree or obligations made or lncun-ad ralianca upon the authorizing ~ovarn=antal act that reasonably equivalent to the fees required by thie Ordinance~ 3. Other factors ~hat demonstrate It Is inequitable to deny the Petitioner the opportunity to complete previously approved development under the conditions of approval bM requiring the Petitioners to comply with ~he requirements of this Ordinance. For the purposes of paragraph, the following £actore shall be considered deter~ininq whether It is inequitable to deny the Petitioner the opportunity to complete the previously approved development: .. (a) ~hether the ln~ur~ suffered by the Petitioner outweighs the public cost of allo~lnq ths development to go forward without pa21aent of ths X~pac~ Fse required by this Ordinance~ and .. Cb) #berber the expenses or obligatione for the devslopment were aade or incurred eubeequent to the effective date o£ thie Ordinancs. B. The County Attorney shall mahe a ~ritten deter~Lnatio~ ae to whether the Owner has established a veered right in the Park~ and Recreational Facilities lmpa,o~ Construction and, if whether the develol~aent would exempt the Owner front he provisions o£ this Ordinance. 033,,'.:210 C. Any Owner aggrieved by & decision of the County pursuant to this Section may rsquas~ · review hearing on such decision pursuant to s~ctlon 4.0S. Sootion 4,0S, Afford~le Housing, A. The Coun~y shall exenpt rrcn pa~ent o~ ~e R~lo/al Park Impac~ Fee and ~e Co~unlt~ Park ~mpac~ Fee any Parks and Recreational Facilities Impact Cons~ctlon vhlch ~aliflts as Affo~abl~ Housing and vhich ~I cons=~ctton of such Par~ and R~crnattonal Facilities Impact Const~ctton is funded In ~o1~ in pa~ by money r~cntvnd pursuant to a dlrnct grant or fro~ tbs United S~a~ns~ Department of Housing and Urban ~v~lop~sntt or ~r~ any direct gran~ or s~sldy pr~r~ Stat~ or Co~ty cr~a~d to assist In ~ const~lon of ~ousing. 1. ~y Person s~eklng an Affo~ln H~sing for a proposed Parks and Rncrnatlonal Facllltils ~a~ cons~ctton shal1 fll~ wl~ ~ County Hanag~r an A~llcation for ~np~ion prior to r~c~ivlng a ~lldlng Ps,it for proposed Parks and R~cr~atlonal Facilities Construction, the follovings (b) ~ne Application for Exemption shall contain ~hs name and address of the O~nsr~ The legal description of the Residential Property upon vhtchths Parks smd Recreational Impact Construction shall be construoted! 033 ,,',, 211 3~ (c) The nature of the governmental grant o= subsidy, Including any terns, restrictions or an ~o ~ts use~ (d) Oocunenta~lon evidencing finalization approval for the g~e~enta] gran~ or (e) Proposed use of ~he governmental gran~ (f) The proposed sellln~ price ~f ~m Par~ and Recreational Facilities Xnpact Constables vi11 be offered for sale o= the p~o~s~ rental price Parks and aecrea~ional Facil~es Xnpa~ Constables will ~t offered for rent~ and .. (g} The number of bedro~ which ~e Par~ and Recreational Facilities Inpa~ Constables will 2. If ~e proposed Par~ and Recreational I~act Cons=~ion nests ~e re~lrenents for an Affo~le Housing Exemption, ~en ~e County ~nager shall ~ssue an Impact Fee Exemption. The Impact Fee ~enpt~on shall presented in lieu of pa~ent of the Inpa~ Fees ~uan~ Se~on 4 · 02. B. ~e Co~ty shall re~urse ~o ~e Appllcan~ ~e Park Inpa~ Fee and C~ity Park I~ a~ Fee fo= any Recreational Fac~lit~ea Inpa~ ConsOlation ~lch v~ll ~ sold rented for an ~odnt which ~alif~es au Affo~le 1. Any Applican~ seeking a reinbursenen~ o~ ~he Regional Park Impact Fee and C~nity Park I~a~ Foe for proposed Parkland Recreational Fac~litie~ ~pact¢ons~n~ction shall fils with the Count~ ~ana~er an ~pplication ~or Rel~burssment prior to receiving proposed Parks and Recreational Facilities Zmpac~ construction. The Application £or Reimbursement aha~l contain the following~ (a) ~e name and address o~ ~e (b) The legal description of ~he Residen~ial ~ope~M upon whlch~e Par~and Recreational Facilities Impact Const~ction shall be const~ (c) The proposed selling price IZ ~e Par~ a~ Recreational Facilities impact Const~lon will offered for sale or the proposed rental price If ~e Parks and Recreational Facilities I~pa~ Const~lon will be offered for rent~ and {d) The muter of bedrooms whi~ ~e Par~ Recreational Facilities Impa~Const~lon will~ntain, 2. If ~e proposed Par~ and Recreational Facilities I~pact Const~ction meets ~e prelimina~ retirements for an Affordable Housing Rel~ursement, then ~e County ~naqer shall i~sue an Authorization gor Reimburse~ent to the Applicant for ~e proposed Par~ and Recreational Facilities impact Const~ction. 3. The Applicant for th~ Parks and Recreational Facilities X~pact Construction who has received an Authorization for Rel~urse~ent shall pay ~e l~act Fees due pursuant to Section 2.01 and Section 3.01 of this Ordinance. 4, If the Parks and Racr&ational Faclli~:Les Impact Construction is being offered fo~ sale, the A~lican~ ~y Reimbursement and documen~ation lndicatin~ the actual selling price of the Par~ and Recreational Facilities I~pa~ Construction to the County Manager. Such documentation shall be s~mitted wl~in 90 days of the sale of ~e Par~ and Recreational Facilities Impact Const~ion. Failure to s~mit su~ d~antation wl~l~ ~e time re~ir~ shall ~ deemed a waiver of the right to reimbursemen~. After reviewing the documentation p~lded and deta~lni~ ~at ~e re~irements for an Affo~able Housing Rel~u~n~ have been satisfied, the County shall r,l~urse ~e Par~ I~ Recreational Facilities =mpact Fee to the Appl~nt. 5. If th, Parks and Recreational Fa~l~es I~a~ Construction w~ll be offered fo= rent, ~e Appl~n~ ~y the Authorization for Reimbursement and do~nentation indicating ~e total nOrthly rental received for ~l l~latl past calendar year, or for th~t portion of the initial calendar year for which ~e Par~ ind Recreational Facilities Impact Const~ction is rented. Su~ d~entation shall ~ submitted within 90 days of the end of the calenda~ Failure to submit such docu~entation within the time required shall be deemed a waiver of the right ~o After reviewing ~he do~en~a~or, and de~e~lninv ~a~ re~re~en~s for an Affordable Hous~nq Rel~urse~en~ have be~n sa~sf~ed~ ~he County shall rei~burse ~o ~he Applican~ a~oun~ equal ~o one-seventh (~/7) of ~he Rovional Park Znpa~ Fee and Co~uni~y Park Znpac~ Fee pa~d. 6. Such annual rei~ursenen~s say be rece~v~ for cons~ve years. Failure ~o ~nely apply for ~n any year or ~e failur~ ~o pr~lde d~en~a~on ~a~ ~o~al ~on~ly rental received per ~elllnV Unl~ for ~ calendar year was w~th~n th~ limits ~stablis~ed shall ~v~ the Applicant's r~ght to r,~nbursenen~ in tha~ and any I~lo~ent year. 7. ~a rel~ursements of the Regional Park X~ Fie and Comm~l~y Park I~acC Fee shall be paid ~ ~e within ~i~y (30) days of a~Assio~ of ~e Au~oriza~ion for Reimbursement and proper decantation indicati~ sales price or the to,al ~on~ly ran~l for ~e past calendar year. ~e County &hall pay au~ fr~ ~e ac=~latad Regional Par~ X~a~ Fee a~d Park Impact Fees collected purLuant to Section 2.01 me,ion 3.01. 8. ~e right to rel~ursenen~ ~all ~ only avall~le ~o the Applicant as s~a~ed ~n the Applioa~Aon Reimbursement and ~ay not bs trar. sferrsd, sold or assigned to any other Person. C. For a Parks and Recreational Facilities X~pact Comstruction to receive an A~fordable ~ousing Exemption or Affordable Housing ~el~ursenem~ the anount for which Parks and Recreational Facilities Impact ConSt~ction ~y ~ or rented must be res~ricted to an amoun~ wl~ln ~e contained on Appendix X a~d ~a2 ~e rea~ri~ion ~t contl~ue for a period of seven year~ fro~ the issuance of ~e ~ld~ Pe~it. Such re~trt~ion~ ~ be contained wl~ln ~e deed for ~e Parks and Recreational Facilities Xmpact Const~lon or within the provisions of a contract entered into. ~t~an County and both the Applicant and ~e ~er of ~e. ~r~ Recreational Facilities Tmpac~ Construction. No Affordable Housing Ex~ption nor Affo~able Housing Rel~ursement ~all ~anted for a Parks and Recreational Facilities Impa~ Const~i. on which.consists of a ~oblle ~ome. · D. In dete~ining ~e total ~on~ly renal ~a~e for pu~ose of dete~lninq eligibility for an X~a~ Fee ~lo. or Au~orization for Rei~ursemen2, all pa~ents ~ich are to be ~de by a ~enant as a condition of residing at such ~elll~ Unit shall be included. E. For each Park and Recrea2ional Facilities I~pac~ Construction which receives an Xspac~ Fee Z~emption or an Affo~le ~ousing aeiz~urs~ent, ~e County shall pay Antra ~e Regional Park I~pa~ Fee T~st Acc~t ~d ~e risk, lye Park Impact Fee Trust Account the a~ount of the Reqlona~ Park lnpact Fee and Conunity Park Impact Fee vhich vas rei~bursed. F. For the purposes o£ this ~ection, site acqulel~lon~ site development, site preparation and infrastructure construction required for a Parks and Recreational Facilities Xmpact Construction shall be pa~ of ~e const~ction process. C. ~Applicant who has been denied an lmpa~Fee ~e~tion or an Authorization for Reimbursement maM request a review hearinq on such decision pursuant to Section 4.08. · ectio~ 4.0~. ~te~ative Colleotion ~ethod. In ~e evenk the RegLonal Park IBpa~ Fee and-~e Park Ixpack Fee are no2 paLd prLor to ~e LlBuance of Pe~lt for ~e affe~ed Par~ and Rec~eational Facilities l~a~ Construction, the CountM shall proce~ to collect Park lnpac2 Fee and C~unity Park Impact Fee as foll~s~ '. A. The CounkM shall se~e, My certl~ied ~all, return receipt re~es~ed, a '~otlce of lnpac~ Fee Statanent~ upon the Applican~ at the address est forth In ~e application for 5ulldinq Pe~lt, and ~he ~er at the address appearA~ on the nos~ recen~ tacoma naintained by ~e ~ope~y Appraiser CountM. ~e Co,tM shall also akkack a copM o~ ~e 'Notice Xnpack Fee S~a~enent' ~o the Bulldlnq Pe~lt posted at the a~fecked Parks and Recreational Facilities lnpa~ site If the ~ulldinq la under const~ction. Se~lce shall deened effective on the dake ~e retu~ receipt l~A~tea notice was received bM either the Applicant or the O~ne~ o~ the date said notice was attached to the ~ullding Permitt ~hichever occurs first. The "Hotice of Impact Fee Statement# shall contain the legal description of the property and shall adviee the Applicant and the Owner as follo~e~ 1. The amount due and the general purpose for ~hich the .Regional Park Impact Fee and Co~unitM Park Impact Fee were i~posed ~ 2. That a hearing pursuant to Section 4,0t ram be requested within 30 calendar dame free the effective date of eervice of the Notice of Xmpact Fee Statement, bM ~akinq application to the Office of the County Hanager~ 3. That the Regional Park Impact Fee and coa~unitM Park Impact Fee shall be delinquent l£ not paid and received by the County within 3o calendar dams of the effective date of eervice of the Notice of Xmpact Fee Statement, excluding the date of receipt or if a hearing le not requested pursuant to section' 4.0S, and, upon becoming delinquent, ehall be subJec~ to the l~pofition of a delinquent fee and interest on the unpaid amount until paid~ and 4. That in the event the Regional Park X~q~act Fee and Co~munitM Park Impact Fee become delinquent, a lien against the property for which the Buildl~Jq Perait was secured ehall be recorded in the Official Records Book of ~he County. B. The Regional Park Impact Fee and Community Park Z~pact Fee shall be 'delinquent if, within 30 calendar dams fro~ the nn~h~ ~hn ~npac~ ~ees have haan pa~d and racn~vnd by co~7, nor a h~ar~ng ra~ns~ad pu~suan~ ~o ~ec~on 4.0.. Fees shall become del~n~ent ~ not pa~d v[th~n 30 dayl f~ date ~e Board datelines the amoun2 of Znpac2 Fees due u~ conclusion of such hearing. All tl~e perils contain~ this Ordinance shall be calculated on a calendar day ~ncluding Sundays and legal holidays, bu~ excluding ~e effe~vl date of le~tce of ~e Notice of Impact Fei StatlRent, or date of the ~ard's decision In ~e ~%ln2 o~ an appel, ~n evenk ~e due date falls on a Sunday or legal hol~d.a~, ~t last due date prior ~o becking delln~ent shall ~ ~o nt~ the total lmpac~ Fee imposed shall be assessed. ~uch total ~pact Fee, plus delln~enc~ fee, ~hall beer interim2 a2 ~e statu~o~ rate for final ~u~enks cai~lat~ on a ~le~r dam basle, ~til paid. C. Should ~e ~eviomal Park Xnpa~ Fee and C~l~ ~rk Xnpac~ Fee bec~e delin~emt aa eet fo~ In S~ae~lon B, ~e County shall ae~e, bM ce~lfled ~ll retu~ receipt ~eet~, a 'Notice of ~enn upon ~e delin~ent Appll~nt, If ~a Is ~der const~ckion at ~e address i~dicated tn ~e a~lA~tion for the Bulldlnq Pe~it, and u~n ~e delin~an~ ~e~ address appearinV on ~e host recent reco~s ~intain~ ~ ~e Property Appraiser of the County. The Notice of ~.len aha1! ~'~fiotify the delinquent Applicant and delinquent Owner that due to their failure to pay the Regional Perk Impact Fee and Co~mun~t~ Park Impact Fee, the County shall fill a Claim of Lien with the clerk of the Circuit Court. D. Upon the mailing of the Notice of Lien, the Attorney shall file a Claim of Lien with the Clerk of the Circuit Court for recording in the Official R~=ords of the County. The Claim of Lien shall contain the legal description of the the amount of the delinquent Impact Fel and the date of imposition, once recorded, the Clall of Lien shall constitute & lien against the property described therein. The County Attorney shall proceed expeditiously to collect, ..foreclose or otherwise enforce said lien. Z. After the expiration of one year frei the date of recording of the Claim of Lien, es pro%Ideal herein, · suit filed to foreclose said lien. Such foreclosure proceldingl bt instituted, conducted and enforced in conformity with the procedures for the foreclosure of ~unicipal special liens, as let forth in Chapter 173, Florida Statutes~ which provisions are hereby incorporated herein ~n their entirety to verbatim. F. The liens for delinquent I~pact Fees l~poeed hereunder shill remain liens, coequal with the lien of ·11 Irate, cou~ty~ diltrict end municipal taxes, superior l~ dignity tc ·11 other filed liens and 'claims, until paid as pr=vided herein. ~. The collsction and sn£orcement procsdures est foz~h ~ . the ssction shall bs cumulativa with, supplsmental to and In addition to, all othar applicable procedurss provided In any other ordinancss or administrative re~ulations o~ the County or any applicable law or administrative regulation of the Stats ~£ Florida. Failure of the County to follow ths procedure asr forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the County or any applicable' law or administrative regulatic~l of the State of Florida. Section 4.07, Developer contribution Credit, A. The County shall grant a credit against.the Regional Park Impact Fee imposed pursuant to Section 2.01 and the Com~unity Park I~pact Fas imposed pursuant to Section 3.01, for the donation of land or for the construction of any park or recreational facilities or improvements and additionsthersto~ada tot he Cotmty Park System required pursuant to a development order or ~ade voluntarily in conn~ction with Parks and Recreational Facilities Impact construction. Such land donation and construction and ilprovemant shall be subject to the approval of the Board a~d shall be an integral part of and · necessary scco~odation to an existing or contemplated Community or Regional Park. B. The amount of Developer Contribution Credit to be a~plied shall be determined according to the following s.tandarda of valuation: 1. The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales similar property ~etween unrelat,d parties in a bat~ainin~ transaction~ and 2. The cost of anticipated const~lon o~ Par~ a~ Recreational ~acilities X~provenents to the County Park System shall be based upon cost estimates ce~i~led by a professional architect or engineer. C. ~rior to issuance c~ a ~ildin~ ~it ~e ~lican~ shall s~it to ~e County Hanaqer a pro~s~ plan and estate o~ costs for contributions to the County ~ark proposed plan and estimata shall include~ 1. a designation o~ the ~arks and Recreational ~acilities Xnpact const~ction for ~ich ~e pro~s~ plan is bein9 s~mitted~ .. 2. a legal ~escription o~ any land donated and a ~itten appraisal prepar~ In confo~l~ 3. a lis~ of ~e conte~lnted park and ~e~ea~lonal facilities inpr~enen~s contaAned wl~ln ~e planl 4. an estimate of proposed ~onst~ction costs ee~ltied My a professional archite~ or en~ineer~ and 5. a proposed tins schedule ~o~ conpletion proposed plan. D. Upon receipt of the proposed plan, the County ~rager Ihall schedule a hearing before the Boa~ at a regularly Icheduled the proposed plan and shall provide the Applicant or Owns= written notice of the time and place of the hearing, SuCh hearing shall be held within thirty (30) days of the data the proposed plan was submitted. E. The ~oard shall determins~ X. if such proposed plan o£ construction is in con£or~itM wi~hcontemplated parks and recreational facilities additions to ~he County Park System~ 2. if ~he proposed plan is consistent wi.~h the publio interest~ and 3. if the proposed construction time schedule £o~the completion of the plan is consistent with the County's capital improvement pro, ram for ~he County Parks System. .. The decision of the Board as to whether to accept the proposed plan of donation or construction shall be in writing and issued within ten (10) working dame of ~he review. & copy shall be provided to ~he Applicant. Upon approval of a proposed pla~ of construction, the Board shall deter~ine the a~ount of construction credit based upon ~he above standards of valuation and shall approve ~he timetable for completion of construction. F. Ail construction cost estimates shall be based upon, and all construction plans and Sl,~Cifications shall be in conforaity with the parkland rscreational facilities construction itandarde of the County. Ail plans a~d specifications shall be approved by the 'Parka and Recreation Director prior to commencement of construction. 6. AnM Developer Contribution Credit granted froa the Regional Park Impact Fee shall onl~ be for those donations contributions ~de to a Regional Park, H. ~ny Developer Contribut~on Credit granted fro~ the co~un~ty Park Impact Fee shall only be for ~ose donat~o~ or contributions ~ade to a C~un~ty Perk wl~in that C~n~ty Park DIstrict where the Parks and Recreational Facilities ~npact I. ~ Applicant ~o s~ a propos~ plan. ~an2 to th~s Section and desires ~ ~ed~ate issuance o~ Pe~k shall pa~ prior to or ak ~e tl~e ~e re,est for hearl~ ~s filed the applicable Regional Park Z~a~ Fee or Park l~pack Fee. Sa~d pa~ent shall be dee~ed paid under and shall no~ be const~ed as a ~a~ver of an~ revte~ rights. ~y. difference bekeeen the a~ount pa~d' and the aaount due~ datelined b~ ~e Board, shall be ref~ded to ~e ~. In the event the a~ount of developer contr~but~ deke~ned to be applicable b~ ~e ~ pu~uant to plan of const~ction exceeds ~e tokal a~o~t o~ l~a~ Fees due by ~e Applicant based upon the contemplated ~mpr~e~lntl to Coun~ Park S~s~ proposed b~ ~ ~pp~l~n~ ~ Co~ sh~ll 0£ t.~s excess cf suc.~ contribution credit from ~u~u~ ~eceL~ ~a~n~ng ~e~bu~se~en~ balance I~ ~hl end o~ luc~ ~rl~. leotio~ 4.0s. l~l~ A. ~ Applicant or ~e~ ~o is rs~lred to pay I R~lonll Park I~pact Fee purauant to Section 1.01 or I C~ity I~plot F~e pursuant to S~tion 3.01, shall have ~ right to re,est a revlev hearing. .. B. Su=h hearing shall bi li~itet t° the r~vl~ 1. The application of ~e Xegional ~arl purauant to Section 2.Ol or ~e C=nlty Park purauant to Se=rich 3.01. I. I Vested lights tetnmination ~ter Se~lo~ 4,04~ 3. The denial of in Affo~able H~sl~ ~tlon or Au~orlzatlon for Rel~ursement pursuant to Se~lon 4,05. C. Such hearing shall be red,stet ~ ~e A~li~nt or ~er within ~l~y (30) days of ~e d~te of first receipt folloving: Notice of Impact Fee State~ent~ A Vested Rights deter~lnation~ 3. The denial of an Affordable Xousing Z~emptio~ or Authorization for Reimbursement° Failure to request a hearing within the time provided Ihall be deemed a waiver of such right. D. The request for hearing she12 be filed with the OffiCe of County Manager and shall contain the following! 1. The name and address of the Applicant or Owner~ The legal description o! the property in question~ If issued, the date the Building Permit was 3. lssued~ 4. A brief description of the nature of the construction being undertaken pursuant to the 5. If paid, the date the Regional Park Impac~ Fee Community Park Impa~ Fee was paid~ and 6. A statement of the reasons why the Applicant or ~er Is re~esting the hearing. ~. Upon receipt o~ auch re.eat, ~e Co.tM ~naqer ahall achedule a hearing before the Board at a re~larlM a~eduled aeetimq or a apecial ~eetimq called for ~e ~ae o~ co~inq the hearimq and ahall provide the Applicant or ~er ~lttem notice o~ ~e kime and place o~ the he,ring. Su~ hearl~ ahall be held wi~in foaM-five (AS) daMa o~ ~e date ~e re.eat hearing waa filed. F. Such hearing ahall be before the ~a~ ~ ~hall conducked in ~ aanner deaiqmed to obtain all info--flora a~ · evidence relevant to the requested hearing. Formal rules o£ civil procedure and evidence shall not be applicable~ however, the hearinq shall be conducted in a fair and impartial Banner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearinq pursuant to this Section and deeires the innediate issuance of a Bulldinq Permit, or if a Bulldinq Permit has been issued without the pa~ent of the Regional Park Xmpact Fee and the Community Park Xapact Fee, shall pay prior to or at the time the request for hearing is filed the applicable Impact Fees pursuant to Sections 2.01 and 3.01. Said pa2~nent shall be deemed paid under #Protest# and shall not be construed as a waiver o£ any review rights. H. An Applicant or Owner nay request a hearinq under this Section without paying the applicable lmpac~ Fee but no Building Per, it shall be issued until such Xnpac~ Fees are paid in the auount initially calculated or the amount approved upon coupletion of the review provided in this Section. Section 4.01 Xoviev Requireaent. A. ~his Ordinance and the Impact Fee Study shall be reviewed by the Board initially in connectlor, with Ate approval 0£ the capital improvements element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Therea£ter, this Ordinance and the Impact Fee Study shall be reviewed at least annually, The lntitial and each annual review shall consider new estlnates 0£ population and other socloecoflonic data; changes in ¢onstruction~ land acq~isition and related costs and to the assumptions, conclusions or findings sst fo~h in study adopted by Section 1.04. ~l pu~olm of this rlv~ and Co,unify Park ]npac~ ltl to assur~ tha~ they do ~n r~asonab~y an~icipa~ad costs associa~d wl~ ~hn lsd add~ion~ n~cnssary ~o o~fs~ ~.n demand ~nnnra~nd Parks and R~cr~a~ional Fac~l~s ]npac~ Cons~c~on on County Park Systat. In ~n av~ ~n rnvl~ o~ ~n O~ncl re.ired by ~hls Section al~ers or changas the assunp~lo~ conclusions and findings o~ ~ht s~udy adop~e~ by reference Section ~.04~ revises or changas ~he County Park Sys~ or changes ~he anoun~ of ~npac~ Fees, ~he s~udy adop~ed by r~f~r~ncn in section ~.04 sbal~ ~ a~nndnd and u~a~nd ~hm assunp~ions, conclusions and ~lnd~ngs o~ such ~l~ Sn~on ~.04 sha~ bm an~nded ~o adopt by rnfnrance su~ u~a~ studies. B. Simultaneous w~h ~e a~ual review o~ ~ ~ Fee review ~e capital lnpr~enen~s elenent of ~e avall~llity ade~a~ of revenue sources to constrict l~proveuents and additions to the County Park Systen dtternlnet la ~t I~pact Fee Study to be rt~lrtd to accurate existing develo~ent. Hothlng contained In ~ls O~lnance shall ~ COhered or tnteursted to include the County cr any ~niclpality 228" County in the definition of Agency contained in Section 120,52, Florida Statutes, or to otherwise subject the County or any municipality in the County to the application of the Administrative Procedures Act, Chaptor 120, Florida Statutes. ~is declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Ordinance including specifically, but not limited to, consideration of a petition for Vested Rights determination under Section 4.04, a determination of entitlement to an Xmpact Fee Exemption or' Authorization for Reimbursement pursuant to Section 4.OS, and a review hearing under Section 4.0S. Section 4.11. Saverability. Xf any clause, section or provision of this Ordinance ehall be declared unconstitutional or invalid for any reason or cause, the remaining portion o£ said Ordinance shall be in full force and effect and be valid aa if such invalid portion thereof had not been incorporated herein. Xn the event it is held or construed by any court of competeqt Jurisdiction that the County does not possess the power or authority to impose the Regional Park Xmpact Fee and Community Park Xmpact Fee within municipal areas or that the imposition of the Xmpact Fees within municipal areas is declared invalid or unconstitutional for any purpo,e, such declaration o£ unconstitutionality or invalidity shall not affect the validity or constitutionality of the imposition of the Regional Park Impact Fee and Community Park Xmpact Fee in the unincorporated area of the County and it is the intent of the County, in such ,= 033,,'.,229 4, ,Vent, that such l~poeition o£ Xmpact Fees in the unincerpefatad areas r~ain valid amd An force. S~i~ 4.12. Zffe~ve ~2l. ~ citified co~ e~ ~LI O~in~ce shall be filed vi~ ~e ~pa~ent of State ~ Clerk o~ ~e ~a~ vi~in ten (10) days after enac~ent ~ ~ and shall taka effe~ vA~ln ~e ~inco~rat~ areal a~led~ent from ~at office and ~l~ln ~e ~nicApal a~aa ~a co~kM on ~e first dam of Fabian, 1989. ~Y ~D in reeler seeslon~ ~ls .13th day of ~ce~r~ A,D., 1988. AI)PE1fD:~X & A. All Parks and Recreational Facllltlas Inpact Construction within both the unincorporated &tans end within the boundaries ~f all municipalities shall pay the following Regional Park I~pac2 Upon Effective Date of Ordinance Effective October 1, 1989 Effective October 1, 1990 Effective October 1, 1991 Effective October 1, 1992 Effective October l, 1993 Effective October 1, 1994 $132/D~elllng Unit $138/D~elltng Unit $144/D~elllng Unit $146/I~elllng Unit $148/D~elllng Unit $1?6/Dvelll~g Unit $203/I~elling Unit B. All Parks and Recreational Facilities Inp~ctConst~ction occurring within the Immokalil Community Park District, the East Naples Community Park District, the Golden Gate Community pa~k District, the North Naples Community Park District, the Sotlth Naples Community Park District, and the Urban Estates Cozmmnity Park District shall pay the following Community Park I~pact Feet Upon Effective Date of Ordinance $24S/Dwe111ng Unit Effective October 1, 1989 $275/Dvelling Unit Effective October 1, 1990 $278/Dvelling Unit c. All Parks and Recreationcl Facilities Impact Construction occurring within the Narco Communtty Park District shall initially pay no CommuRlty Park Impact Fee sttbJact tO the initial and subsequent annual reviews of the Ordi~ance and I~pact Fee Study uant to ,.ctIon ,.0,. ,,,, 533,,', 1 The Immokalee Co,mmnity Park District shall include all o£ the lands within the following describ~d boundaries: Co~encing at the Northeast corner of Section 24. Township 46 South, Range 29 East, aa the Point of Beginning; thence South along the East section lines o! Sections 24. 25 and 36. Township 46 South, Range 29 East to the Southeast corner of said Section 36; thence continue South along the East section lines of Sections 1, 12, 13 and 24, Township 47 South, Range 29 East to the Southeast corner of said Section 24; thence West along the South section lines of Sections 24, 23, 22, 21, 20 and 19, Tc~wnship 47 South, Range 29 East to the Southwest corner of said section 19; thence continue Wes= along the South section line of 'Section 24, Township 47 South, Range 28 East, to the Southwest corner of said Section 24; thence North along the West section lines of Sections 24, 13, 12 and l, To~lship 47 South, Range 28 East to the Northwest corner of said Section 1; thence continue North along the West section lines of Sections 36, 25 and 24, Township 46 South, Range 28 East to the Northwest come= of said Section 24; thence East along the North section line of Section 24, To~mshlp 46 South, Range 28 East to the Northeast corner of said Section 24; thence continue East along the North section line of Sections 19, 20, 21, 22, 23 and 24, Township 46 South, Range 29 East to the Northeast corner of said Section 24, being the Point of Beginning. All of the above described lands being located in Collier County, Florida. The East Naples ¢o,~unity Park District shall include all of the lands within the following described boundariesz Commencing at the intersection of the South right-of-way line of Davis Blvd. and the West right-of-way line of County Barn Road, as the Point of Beginning; thence South along the West right-of-way line of County Barn Road to the point where the projection of said right-of-way line intersects with the North section line of Section 20, Township 50 South, Range 26 East~ thence West along the North section line of Section 20, Township 50 South, Range 26 East, to the Northeast corner of Section 19, Township 50 South, Range 26 East~ thence South along the East section line of Section 19, Township 50 South, Range 26 East, to the Southeast corner of said Section 19~ thence West along the South section line of Section 19, Township 50 South, Range 26 East, to the Northeast corner of Section 25, Township 50 South, Range 25 East~ thence South along the East section line of Sections 25 and 36, Township 50 South, Range 25 East, to the Southeast corner of said Section 36~ thence West along the South section line of Suctions 36, 35 and 34, Township 50 South, Range 25 East, to the point where the south section line of said Section 34 intersects with the waters of the Gulf of Mexicol thence Northerly and Westerly along the waters of the Gulf of Mexico to the point where the waters of the Gulf of Mexico intersects with the South section line of Section 27, Township 50 South, Range 25 East~ thence East along the South section line of-. Section 27, Township 50 South, Range 15 East, to the Southeast corner of said Section 27~ thence North along the East section line of Sections 27, 22, 15 and 10, Township 50 South, Range 25 East, to the Northeast corner of said Section 10~ thence North along the East section line of Section 3, Township 50 South, Range 25 East, to the South boundary line of the Naples Airport propertyl thence East along the southerly boundary line of the Naples Airport property to the West right-of-way line of Airport Road (C.R. 31)~ thence South along the West right-of-way line of Airport Road (C.R. 31) to the point where the West right-of-way line of Airport Road (C.R. 31) intersects with the South right-of-way line of Davis Blvd.l thence East &long the South right-of-way line of Davis Blvd. to the point where said right-of-way line intersects with the West right-of-way line of County Barn Road, being the Point of Beginning. All of the above described lands being located in Collier County, Florida. The Golden aate Co.~unit¥ Park Dl~tr~ct shall Include all o~ the lands within the following described boundaries~ Cammncing at the Northeast corner of Section 22, Township 49 South, Range 26 East, as the Point o£ Beginning~ thence South along the East section line of Sections 22, 27 and 34, Toe. ship 49 South, Range 26 East, to the Southeast corner of said Section 34, thence continue South along the East section line of Section 3, Township 50 South, Range 26 East, to the Southeast corner of said Section 3; thence West along the South section line of sections 3, 4, 5 and 6, Township 50 South, Range 26 East, to the southwest corner of said Section 6! thence continue West along the South line of Section 1, Township 50 South, Range 25 East, to the Southwest corner of said Section II thence North along the West section line of Section 1, Township 50 South, Range 25 East, to the Northwest corner of said Section II thence continue North along the West section line of Sections 36, 25, 24 and 13, Township 49 South, Range 25 East, to the Northwest corner of said Section 13~ thence East along the ]torth section line of Section 13, Township 49 South, Range 25 East, to the Northeast corner of said Section 13~ thence East along the North section line of Section 18, To~nship 49 South, Range 26 East, to the Northeast corner of said Section 18~ thence South along the East section line of Section 18, Township 49 South, Range 26 East, to the Southeast corner of said Section 1SI thence East along the North section l~ne of Sections 20, 21 and 22, To~lsh~p 49 South~ Range 26 East, to the Northeast corner o~ said Section 22~ being the Point of Beg~nning. All of the above described lands being located in Collier Coullty, Florida. The Marco C~unity Park Dlstric: nhall include all o~ the land~ within the foll~ing described ~u~daries~ C~nctng at the Northeast corner of Section 29, T~shlp 51 South, ~nge 27 East, as the Point of Beginn~ngl thence South along the East sect[on line of Sections 29 and 32, T~shlp S1 South, Range 27 East, to the Southeast corner of said Section thence continue South along the East section line of Sections 8, 17 and 20, T~ship 52 South, Range 27 East, to the Southeast corner of said section 20~ thence ~esterly along the South section line of Sections 20 and 19, T~sh~p 52 South, Range 27 ~st, to the south~st corner of said Section 19~ thence continue West along the South section line of Sections 24, 23, 22, 21, 20 ~d 19, T~sh~p 52 South, Range 2& Eas~ to a ~int where said south section line Intersects with the waters of the Gulf o~ ~x~co~ thence Northerly and Westerly along the waters of the ~lf of Mexico to a ~lnt where the waters of the Oul~ o~ ~x~co intersects with the North section line of Section 25, T~ship ~uth, ~nge 25 East~ thence ~s: along the North section l~ne ~ction 25, T~ship S1 south, Range 25 East, to the Northeast corner o[ said Section 25~ thence continue ~st along the North section line of Sections 30, 29, 28, 27, 26 and 25, T~ship 51 South, Range 26 ~st, to the Northeast corner of sa~d Section 25~ thence continue East along the North section line of Sections 30 and 29, T~sh~p 51 South, Range 27 Ess: to the Northeas: corner o[ said Section 29, T~shlp S1 South, Range 27 Eastl ~ng the Point of Beginning. Ali of ~he a~ve descri~d lands ~lng l~at~ ~n Collier County, Florida. lands within the roll.lng descri~ ~undaries~ of 1-75 and tho North Section l~no of Section 7, T~ship 48 South, ~nge 26 East, as the Point of Beginning~ ~henco Sou~h along the wes~ right-of-way llne of 1-75 ~o a ~ln~ where line of section 30, T~ship 48 South, Range 26 East~ thence along the North section line of S~c~on 30, T~ship 48 Sou~h) ~nge 26 ~s=, to ~he North~s~ come= of said Section 30[ thence ~uth along the Eas~ section lanes of Sections 2~ ~nd ~ship 48 Sou~h, Rang~ 25 Eas~, ~o the Southeas~ come= o~ said section 36~ ~henc~ Wes= along tho South s~c~ion l~ne of Section 36, T~ship 48 south, Rang~ 25 Eas~, ~o ~he South~st co=net o~ eaid Section 36~ thence Sou~h along the East s~ction lines Sections 2, 11, 14, 23 and 26, T~ship 49 South, Range 25 to ~he Sou~h~as~ corner of said Section 267 thence Wes~ .long the South section l~nes of S~c~lons 26 and 27, T~sh~p 49 South, Range 26 Eas~, ~o a ~n~ wh~ru ~h~ Sou~h s~ction l~ne of said Section 27 ln~ersuc=s with the Eas= right-of-way line of ~lette-Frank Road (C.R. 851)~ thence North along the East r~ght-of-way line of ~let~e-Frank Road (C.R.851} to ~ts of intersection wl~h the North S~c~ion line of Section 27, T~ship 49 South, Rang~ 26 Eas~ thence Wes~ along ~he North section line of s~c~ion 27, T~ship 49 South, Rang~ 26 ~st, the East right-of-way line of U.S. 41~ thence No=th along the ~st right-of-way line of U.S. 41, as projected ~o a ~lnt $ntersec~ion wl~h the South Section lin~ of Section 10, T~shJp 49 Sou~h, Range 25 East? ~hence Wes~ along ~he Sou~h section line of Sections 10, 9 and 8, T~ship 49 South, Range 25 ~st, ~in~ wher~ said South section line intersec~s wl~h the waters o~ the Gulf of M~x~co~ th~nc~ Northerly and Westerly along ~lf of ~exlco Intersects w~h ~ha North ~ectlon line of Section 6, ~ship 48 south, Range 25 East~ thence Eal~ along the ~orth section line of Sections 6 and 5, T~sh~p 48 Sou~h, ~nge 25 ~sk, to kha Horkheas~ corner o~ sa~d Section 5~ thence South along the Eas~ line of Section 5, T~shlp 48 Soukh, ~nge 25 ~s~ to the Soukheask corner of said SecK~on 5~ thence ~st along the North section l~nes of Seck~ons 9, ~0, 11 and 12, T~sh~p 48 ~uth, Range 25 Eas~, ~o khe Northeas~ corner of said Seckion thence conkinue Eask along the North l~ne of Section 7, T~sh~p 48 ~uth, ~nga 26 East, ko a ~nt ~hera the North lect~on o~ said Section 7 ~nkersec~s ~h the ~est right-of-way line 1-75, ~[ng the Po[nk of Beginning. ~11 of the a~va desc~l~ lands ~ng located ~n Collier Counky, ,- 238 The South Naples Cor~unity Park Di.trict shall include all of the lands within the following described beundaries~ Co~nclng at a point where the North section line o£ Section 10, Township 50 South, Range 26 East, intersects with the West right-of-way line of S.R. 951, as the Point of Beglnnlng~ thence South along the Welt right-of-way line of S.R. 951 to point where said West right-of-way line of S.R. 951 intersects with the South section line of Section 3, Township 51 South, Range 26 East~ thence West along the South section line of sections 3, 4, 5 and 6, T~wnship 51 South, Range 26 East, to the Southwest corner of said Section 6~ thence North along the West section line of Section 6, Township 51 south, Range 26 ~ast, to the Nort~st corner of sell Section 6~ thence North along the West section line of Sections 31 and 30, T~ship 50 South, Range 26 East, to the Northwest corner of said Section 30~ thence along the North section line of Section 30, T~ship 50 South~ ~nge 26 East, to the Northeas2 corner of said Section 30~ thence North along the West section line of Sec2~on 20, T~hip 50 ~uth, ~nge 26 ~st, to the Nort~mst corner o[ said ~ction 20~ thence ~s= along the North section line of Section 20, T~ship 50 South, Range 26 East, to an intersection ~ln~ with the projection of the West right-of-way line of County Barn Road~ thence North along the West right-of-way line of Count~ Barn Road to a ~int of intersection of tho proJect~ righ~-of-way line with the North section line of Section 8, T~shlp 50 South~ ~nge 26 East~ thence East along the North section line of Sections 8, 9 and 10, T~shlp 50 South, Range 26 ~st, to a ~lnt where ~he North section line of Section 10, T~ship 50 ~uth, ~nge 26 East, intersects with the West right-of-way line of S.R. 951~ ~ng the Poin2 of Beginning. All of the descrl~ lands ~lng l~ated In Collier County, Florida. 237 The Urban Es~a~es C~uni~y Park Dls~rlc~ shall include all of ~he lands within ~ho full,lng doscrl~d ~undarles~ C~ncing at the Northuast corner of Section 10, T~sh~p 48 South, Range 26 East, as ~h~ Po~n~ of Beginnl~g~ ~hence ~uth along the ~s= suction line of Sections ~0, 15, 22, 27 and 34, ~sh~p 48 south, Range 26 Eas~, to the Southeast corner of sa~d section 34~ thence con~lnue Sou=h ~long the Eas= section line of ~ctions 3, 10 and 15, T~ship 49 South, Range 26 ~s~, ~o the Southeast corner of sa~d Section 15~ thence Wes~ ,long ~he South section l~ne of Sections 15, 16 and ~7, T~ship 49 South, ~nge 26 ~s~, to the Southwest corner o[ said Section 17~ thence North along the West section l~ne of Section 17, T~ship 49 South, ~nge 26 Eas~, to the North~s~ corner of said Section 17~ thence Wes~ along the South suction line of Section 7, T~ship 49 South, Range 26 East, to the Sout~s~ corner of sa~d Section 7~ thence continue West along the South section line of Section ~2, T~ship 49 South, Range 25 East, to ~he South~st corner of said Section 12; thence North along the West section line of Sections 12 and 1, T~ship 49 South, Range 25 Eas~, to the Nort~s~ corner of said Section 1~ thence ~s~ along the North section line of section 1, T~ship 49 South, ~nge 25 ~st, to the Northeast corner of said Section 1~ ~hence North ~long the West section l~ne of Sections 31 and 30, T~sh~p 48 ~u~h, ~nge 26 ~st, to the North~st corner of said Section 30; thence ~st · long the North s~ction lin~ of Suction 30 to , ~int where the .. North section lin~ of S~ction 30 lnt~rs~ts with the West right-of-way line of 1-75; thence ~{or~he=iy along the West right-of-way line of 1-75 to a ~int where the West right-of-way line of 1-75 intersects with the Collier-~e C~nty line; thence ~st along the Collier-~e County line to the Northeast co=ne= of Section 10, T~ship 48 South, Range 26 ~st~ ~lng the Point of ~gi~lng. All of the a~ve descried lands ~lng l~at~ In ~llie= County, Florida. AFFORDABLE The following shall qualify aa affordable Housing for the purposes of receiving an Affordable Housing Exemption a~d Affordable Housing Reimbursement~ A. A Dwelling Unit which amount not greater than: 1. 3. monthly rental, amount not greater thanz is offered for sale for · total $36,000 for · one bedroo~ D~elllr~ Unit. $45,000 for a tvo bedroom Dwelling Unit. $52,250 for a threm bedroom Dwelling Unit. 4. $60,000 for · four bedroom Dwelling Unit. The Dwelling Unit which is offere~ for rent for · total $310 for · one bedroom Dwelling Unit. $390 for · two bedroom Dwelling Unit. $450 for & three bedroom Dwelling Unit. $520 for · four bedroom Dwelling Unit. 2. 3. 4. OF COLLIER ) ':" I~ ~AI~S C. GILES, Clerk of Courte In and for the T~entleth ~udlclal Circuit, Collier County, Florida, do here~/ certify that the foregoing ks a tr~s copy Ordinance Ho. 88-98 Which w me adopted by the Board of County Co~l~stoner~ on the 13th day of December, 1988, during Re~lar #IT1~$$ my hand and the official seal of the Board Commissioners of Collier County, Florida, this 20th December, ~988.