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Ordinance 88-097L3;BRARY 8YS'~*EH I'HPACT I~B ORD:L'H3~f~B Ordinance No. 88-97 ,0o, 033,','., 2,¢,.t X.~'I'T CLS X Section 1.01 Definitions · · · Section 1.02 Rules o£ Construction . . . · , ...... , Section 1.03 Findings .............. . , Section 1.04 Adoption of Imp&ct Fe~l Study ......... Section 2 01 Imposition Section 2 02 Payment ~eCt{Lon 2.03 USe 0~' HonJ. sl Section 2.04 Alternative Fee CalcuLation . . ..... , , A~TZCL~ ~ZSCBLI.~ZOOS Section 3.01 Exemptions ............... Section 3.02 Changes of Se~Xon 3.03 Vested Rights Se~Xon 3.04 ~Effordable Housing Se~Xon 3.05 Alte~ak[ve CollmctXon 8e~Xon 3.06 ~veloper Contribution 8e~Xon 3.07 Rev~ Hearings BI.Ion 3,08 Review 10 i2 16 18 19 19 21 26 3O :33 Section 3.09 Declaration of Exclusion from Administrative Procedures A~ · · · · · .......... 37 Section 3.10 Severability ..... . ......... . 37 Section 3.11 £ffective Date .... . ......... 0 35 Appendix A Affordable Housing Standards Ordinance No. 88-97 LIBRARY SYSTEH XHPA~ FEB ORDI1TANCB AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY LIBRARY SYSTEH IMPACT FEE ORDINANCE~ PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS~ ADOPTING A CERTAIN IMPACT FEE STUDY~ PROVIDING FOR THE IMPOSITION OF LIBRARY SYSTEM IMPACT FEES ON ALL LIBRARY SYSTEM IMPACT CONSTRUCTION OCCURRING WITHIN BOTH THE UNINCORPORATED AREA AND ALL INCORPORATED AREASOF COLLIER COUNTY; DEFINING THE TERH LIBRARY SYSTEH IMPACT CONSTRUCTION; PROVIDING FOR THE CALCULATION OF LIBRARY SYSTEH IMPACT FEE; PROVIDING FOR THE USE OF LIBRARY SYSTEM IMPACT FEES COLLECTED~ ALLOWING ALTERNATIVE CALCULATION; PROVIDING FOR EXEMPTIONS AND VESTED RIGHTS IN CONNECTION WITH LIBRARY SYSTEM IMPACT FEES; PROVIDING METHOD OF CALCULATING CHANGES IN SIZE OR USE OF A BUILDING OR DWELLING UNIT; PROVIDING FOR AFFORDABLE HOUSING EXEMPTION ~ND AFFORDABLE HOUSING REIMBURSEHENT~ PROVIDING FOR DEVELOPER CONTRIBUTION CREDITS; PROVIDING FOR THE PAYMENT AND COLLECTION OF LIBRARY SYSTEM IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR SEVERABILITY; PROVIDING ANEFFECTIVEDATE. BB IT ORDAINED BY TRB BOARD OF COUNTY COHHZBSZOHBRS OF OOLLZER COUNTY, FLORZDAI ~RTZCL~ Z Section ~.OL. Definitions. When used In this ordinance, the following terms shall have the fei!owing Beanings, unless the context clearly indicates otherwiee~ #Accessory Building or structure# shall Bean a detached~ subordinate structure, the use of which is clearly indicated and 1 ~elated to the use of the principal Building or use of th,e land and which is located on the same lot as the principal Building. "Affordable ]lousing,, shall mean a Dwelling Unit which offered for sale or rent for an amount which is within the standards set. forth and established in Appendix A of this Ordinance. ,,Alternative Library System Imp&at ~ee" shall mean any alternative fee calculated by an Applica]~t and approved by the Board pursuant to Section 2.03. "Alternative LibrarF System Impact Fee StudF" shall n~ean a Study prepared by the Applicant and submitted to the County Manager pursuant to Section 2.03. #Apartment,, means a rental Dwelling Unit located withAn the same Building as other Dwelling Un,ts. "applicant,, uha11 mean the Person who applies for a Building Permit. "' #Board# shall mean the Board of County Commissioners of COllier County, Florida. - -Building,, shall mean any structure, either temporary or Permanent, built for the support, shelter or enclosure of chattels or property of any kind. This term shall include ~:ente, trailers, mobile homes or any vehicles serving in any wa.y the function of a Building. This term shall not include teml)orary construction sheds or trailers erected to assist in constrtlction a~ld maintained during the term of a Building Permit. 033,,'.: 245 .Buildil~g Ps,mitt, shall mean an o££1cial document or certificate issued by the authority having Jurisdiction, aUthorizinq the construction or eitinq of an~ Building. For pu~oses of this Ordinance, the te~ 'Building Pe~lt' ~hali al~o include tie-do~ pe~lts for ~ose st~ctures or ~lld~ngs, such as a Mobile Home, ~at do not re~ire a Bu~ldlng Pe~12 ~1 order to be oc~pied. "Collection Itm- shall mean boo~, per~lcals, aud~o-visual Baterials and other additions to the l~bra~'s collection. -Co~prehons~ve Plan- shall '~ean the Comprehensive Plan of ~e County adopted and amended pursuant to ~e ~al C~prehensive ])lanning and ~nd ~velopment Re~lat~on A~. .Condom~n~- means a single-family or t~me-sharing unit that has at least one o~er s~mllar unit wl~ln ~l~ing st~cture. ~e te~ Condom~n~ ~ncludes all or titled mult~-unit st~ctures, ~nclud~ng t~ouses and -Co~t~* ~hall mean Collier County, a political of the State of Florida. ffCountF a, ttorno~- shall mean ~e Person ap~nt~ ~ard to se~e as its counsel, or ~o desl~eo of such Pe~o~. Buildings, land, furniture, equipment and Collection provided by the County which are used prl~rlly for ~l reading, v~ewing, listening and referen~ use o~ ~t #County Nanager" shall mean ~hs chief a~ninietrativt o£ficl~ of ~e Co~ty, appointed by ~e aoa~ o~ ~he desires of such Person. e~11~g Unit~ shall mean a ~uild~ng o= po~on of a ~ildinq dei~ed for or whose prina~ 'pu~ose Il for rel~den~iaI ~p~, and which consists of one or ~ore roo~ ~l~ are arranged, designed or used as living quarters for one or more #~m~red# shall mean moneys cmmitted by contrac~ or purchase order in a manner that obligates the County to expend the encxmbered a~ount upon the deliver~ of goods, the rendering o£ services or the conveMance o£ real propertM bM a vendor, supplier, contractor or Owner. "I~pact Fee" shall mean the fee imposed by the Cott~L~ pursuant to Section 2.01 of this Ordinance. #I~pact Fee Study# shall mean the study adopted pt~suan~c 'to Section 1.04, as amended and supplemented pursuant to Section 3.08. "Library DJ_-ectorm shall mean the Person appointed by the Board or the County Manager to supervise the administration, operations and acquisitions of the County Library Syste~ or the designee of such Person. .Library System Iupact Con~ttnlction# shall mean la~d development construction designed or intended to pernit more ' Dwelling Units than the existing use of land contains. "Library Syste~ I~pact Fee Trust Account# means the separate trust account created pursu~4~-~o ~ on 2.03. #Local Government Comprehensive Plannlnq and Land DeVel~t Requlation tm't" means the provisions of Par~ II, Chapter 163, ~lorida Statutes (1987), as ·mended or suppl·mented, or Its successor in function. "Mobile Ho~e" ne·ns ~anufactured homes, trallers~ ca.pars or recreational vehicles. "O~ner" shall mean the Person holding legal title to the real property upon which Library SysteK Imp·c~ Construction Is to occttr. "Person' shall mean an individual, a corporation, · partnership, an incorporated association, or any other s~llar ~ntity. "Residential" ~sane Apartments, Condominiums, Hoblll H~II~ Single-Fam~ly Detached Houses or ~ult Con~eqate ~v~ng Fac~l~ties, as that te~ ~l defined by Se~ion 400.402, Florida Statutes. '- eS~le-F~ly ~~ H~e' zeans a h~e on ~ ~divid~l lot. Bect:ton 1.02. l~ule, of Con-tz'tlCt~on. this the For the purpose, of Ordinance, unless &dltnistration and enforcement of otherwise stated :l.n this Ordinance, construction shall apply= A. In case o'f any difference of meaning or ~Jepltcatton between the text of this Ordinance and any caption, Iljustration, sulmary table, or illuetrative table, the text shall control, B. The word #shall# ts alvays mandatory and not discretionary and the word "~ay" ts pezaissive. C. #ords used in the present tense shall include the future; and vords used in the singular shall include the plura~ and the plural the singular, unless the context clearly indicates the contra~ u~e oE the ~a~culine ~ender ~hall include the f~lnlna gender. D. ~e phrase 'used for~ ln~lude~ 'a~anqed ~or,~ for,' '~intained for,~ or 'oc~p!ed for.~ E. Unles~ ~e centex2 clearly lndicate~ the contra~, a r~lation involves t~o or =ore lte~, condition~ or event= connected by the conjunction ~and~~ ~or= eei~er...or', ~e conjunction ~hall be inte~reted a~ 1. 'And' lndtcate~ that all the connected conditions, provi~ion~ or event~ ~hall apply. 2. 'Or' indicates that ~e conne~ed ite~, condltioM, provisions or events nay apply singly or in any co~lnatlon. 3. 'Ei~er...or" indicates ~a2 the co~e~ conditions, provision~ or events ~hall apply singly but in co~ination. F. The vord 'includesu shall not limit a te~ to the specific exanple but ts intended to e~end its meaning 2o O~er i~tances or cir~stances of like kind or chara~er. ~eotion ~.03. Findings. I2 is hereby asce~ained, and declared A, Future growth represented ~y Library SYstem donst~ction should contribute its lair share to ~e ~S~ ~r~enants and additions to the County ~ibra~ Systen vhich are "'~'~equ~red ~o accommodate the uss o£ ~a V=ovth. B. Implementation of an Inpac~ Fee ~o ~equ~o future ~bra~ Sys~en Inpac~ cons~c~on ~o contribute l~s ~a~r sha~e o~ ~e cos~ o~ ~nprovenen~s and add~ions Sys~en is an ~n~egral and v~al elenen~ o~ ~o~ management ~nco~orated in ~e Comprehensive Plan. C. ~e standard o~ se~ice ~or ~ County L~bra~ System, as datelined in the Z~pact Fee Sbudy, ~s hereby approved and adopted bY the County and ~ound to be Comprehensive Plan. D. Capital planning ~s an evoXv~ng process and'~e s~nda~ o~ se~ice ~or the County Libra~ System constitutes a of anbic~pated need ~or l~brary systems~ based upon present ~ovledge and ~ud~ent. ~ere~ore, ~n ~~ patte~s and the dynamic nature of is ~e intent o~ ~e ~ard ~at the standa~ Co~y L~ra~ System and ~e 1mpact F~e imposed adjusted per~lcally, pursuant to Secbion 3.0S, eo insure ~a~ ~e Cowry L~bra~ System ~mpact Fees are ~s~d e~~y and laV~ully~ based upon actua~ and anticipated B. ~e impos~t~on o~ the Libra~ System Xmpa~ provide a source o~ revenue to ~un~ ~he cons~ruction and ~provement o~ ~e County Libra~ .Sysbem necessitated 7 as delineated in the Capital Improvement Elemant o£ the Comprehensive Plan. F. The County Ltbrar~ System provides ltbra~ services for all citizens of the County and that the presence of the County Library System enhances and benefits the education and general welfare of all citizens of the County, both within the unincorporated areas and within the municipalities. The Board specifically finds that the County Ltbrar~ System benefits all residents of the County, both within the unincorporated area and within the municipal boundaries. ~erefore, the Libra~-~ System Impact Fee shall be imposed and collected from all Llbrar~ System IJpac~ Construction 9ccurrinq in both the unincorpor~ted area and within municipal boundaries within the County. G. This Ordinance shall not be conshrued to perJit the collection of Impact Fees from Ltbrarlf System Impact Construction in excess of the amount reasonably anticipated to offset demand on the County Library System generated by the L~bra~ System Impact Construction occuzTing subsequent to ~ha effective date of this Ordinance. H. All improvements and additions to the County L~brar~ System needed to eliminate any deficiency between the exiatin~ Library System and the standard of service ae adopted in the Comprehensive Plan, shall be funded by ravenuee other than ~npact fees. Any revenue derived froe the Library System Impa~c Fee shall be utilized only for the acquisition of l~provemente and additions to the County Librar~ Sy, te~ which are necessitated by Library System Impact construction occurring subsequent to the effective date of this Ordinance. I. It is hereby declared to be the policy of the Board that the improvements and additions to the County Library System, required to accommodate future growth, shall be funded entirlly by the revenue derived from the Library System Impact Fee. Therefore, no credit shall be given for any tax revenue sources which may have been utilized in prior years for the funding of Library System ~mprovements or additions. In the event that this policy is altered by the subsequent action of the Board or grant money is received and committed for growth necessitated improvements and additions of the Library System,' the Library System Impact Fee shall be adjusted at the annual review required pursuant to Section 3.08 and credit shall be given fo= any revenue which has been utilized for growth required improvements and additions to the 'County Library System. " Seotion 1o04o Adoption of Impaot Fee StufF. The Board hereby adopt/ and incorporates by reference, the study entitled #Library Impact Fees for Collier County, Florida# particularly the assu~ptions, conclusions and £1ndings An such study al to the dster~ination of anticipated costs of the additions to the Coun~-~ Library System required to accommodate grov~h contemplated in Comprehensive Plan. The Board luncher incorporates by reference ~..he Comprehensive Plan as adopted, as ~t relates to improvements and additions to the County Library Syste~. LZBRARY SYSTEH ~H~ACT FEES SectLon 2,01, ~npositLon, A. All Library System Impact Construction occurring ~e County, both within the uninco~orated areas and wl~in the boundaries of all municipalitims, sha~l pay a Llb~a~ Impact Fee in ~e amount of $179 pe~ ~'elling Unit. B. ~e L~bra~ System Impact Fe, shall be paid ~n addition to all o~er fees, charges and assessments due for ~e ~asuance of a ~lld~ng Pe~lt and is intended to p=ovide funds only growth necessitated improvements and additions to ~e L~=a~ System. /e~on 2.02, Pa~en~, A. Except as o~e~iso pF~lded In ~ls O~l~nce, the issuance o~ a Building Pe~it for a Llbra~ Syst~ ~a~ Construction, an Applicant shell pay the ~bra~ S~stu Fee as set fo~h In Section 2.0~, B. If the Library System ~npa~ Const~ct~on ~s l~t~ w~n ~e ~lnco~orated area o~ the County, ~e L~bra~ hpec~ Fee shall be paid d~rec~F ~o ~he County. C. ~f the Library System ~npac~ Cons~c~lon Is within a munlclpall=y, the ~lbra~ System Impact Fee shall paid as ~oll~s: 1. Zf ~e n~icipality has ente=~ into an aqFeement with the County providing fo= the collation Lib=a~ System Impact Fees, such /npa~ Fees shall h ~id and collected in accordance wikh the provisions of the tnterlocal agreement. 2. If the municipality has not entered Into an interlocal agreement with the County providing for the collection of Library System Impact Fees, such Impact Fees shall be paid directly to the County. D. If the Library System Impact Construction is located within a municipality and the governing body of the municipality has not agreed to require proof of payment of the Library Systu Impact Fee to the County prior to the Issuance of a Building Permit by the municipality or to require additionally the payment of the Library System Impact Fees as a condition of'the issuance of a Building Permit by the municipality, the Impact Fees shall be coil'.acted as provided in Section 3.C5. E. The obligation for payment of the Library System Impac~ Fee shall run with the land. " In the event that a Building Permit, that vas issued ' for a Library System Impact Construction, expires prior to completion of the Library System Impact Construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Library System Impact Fee. 1. The application for refund shall be filed with the county Manager and contain the following~ (a) The name and address of the Applicant~ (b) The location of ti~e property which was tho subject of the Building Pe~mit~ (c) The date the Library Impact Fee was paidl (d) A copy of ihs rsceipt of payment for the' Library System Impact Fse~ and (e) The date the Bulldinq Permit was issued and ~ date of 2. After verify~ng that ~he Building Pe~l~ has e~red and that the L~bra~ System Impact Const~c2lon has not been completed, the County Manager shall ref~d Library System Impact Fee paid for such hibra~ System Impact Const~ction. 3. A Building Pe~lt which is s~se~ently isled for a Library System Impact Const~ction on ~e same which was the subject of a refund shall pay ~e System Impact Fee as re~ired by Section 2.01. " Section 2.03. Use of Monies. A. The Board hereby establishes a separate t~st accost for the Library System Impact Fees, to be deslgna~ as 'L~bra~ System Impact Fee T~s2 Account" and which shall ~atntalned separate and apar~ from all o~er accosts of Co~ty. ~1 such Impact Fees shall be deposited into such accost t~edlately upon receipt. B. ~e monies deposited in~o ~e ~ra~ System Impact Fee T~st Accost shall be used solely for ~e pu~ose of 033,,,,',, 255 12 growth necsssitated capital improvements and additions to the county Library System, including, but not limitsd to= 1. design and construction plan preparation~ 2. permitting and fees~ 3. land acquisition including any costs of acquisition or condemnation~ 4. construction and design of Library System buildings, facilities or improvements and additions thersto~ 5. design and construction of drainage facilities required by the construction of Library System buildings, facilities or improvements and additions thereto~ 6. relocating utilities required by the construction of Library System buildings, facilities or improvements and additions thereto~ 7. landscaping~ 8. construction management and irmpection~ " 9. surveying, soils and material testing~ 10. acquisition of Collection Items, furniture, shelving and other capital equipment of the County Library System~ 11. repayment of monies borrowed from any budgetary fund of the County, subsequent to the adoption of this Ordinance, which were used to fund growth impacted improvements and additions to the County Library System as herein provided~ oo, 033,,'.,256 13 12. payment of principal and interest, necessary reserves and costs of ~ssuanca under any bonds or other 'indebtedness issued by the County to fund growth impacted improvements and additions to the County Library System~ and 13. reimbursement of excess Developer Contribut~on Credit pursuant to Section 3.06.G or Impact Fees pa~d on Affordable Housing pursuant to Section 3.04. Funds on deposit in the Library Systen Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. C. The moneys deposited ~nto the Library System Impact Fee Trust Account shall be used solely to provide improvements and additions to the County Library System 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 ~nco~ derived from such investments shall be deposited ~n the h~brary System Impact Fee Trust Account and used as provided here~n. E. The Impact Fee collected pursuant tot his Ordinance shall be returned to the then current Owner of the property on behalf of which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such feeo were paid. Refunds shall be made only in accordance with tho following procedure: 14 1. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the end of the fiscal year in which the date of the sixth anniversary of the date of the payment of the l~lbrary System Impact Fee. 2. The petition for refund shall be submitted to the Library Director and shall contair.: (a) A notarized sworn statement that the petitioner is the then current Owner of the property on behalf of which the Impact Fee was paid~ (b) A copy of the dated receipt issued for payment of such fee, or ~tlch other record as woul¢l indicate payment of such fee; A certified copy of the latest recorded dsedr (c) and, (d) A copy of the most recent ad valorem tax bll~. 3. Within three (3) months from the date of receipt of a petition for refund, the Library Director will advise the petitioner and the Board of the status of the Impact Faa requested for refund, and if such Impact Fee has not been expended or encumbered within the applicable time period, then it shall be returned to the Petitioner. For the purposes of this Section, fees collected shall be die,ed to be spent or encumbered on the basis of the first fei in shall be the first fee out. section 2.04, Alternative ~ee Calculation. A. In the event an Applicant believes that the Impact to the County Library System necessitated by its Library System Impact Construction ia les. tham the ~ee established In Section 2.01, such Applicant may, prior to issuance o~ a Building Permit for such Library System Impact Construction, submit a calculation o£ an Alternative Library Syetem'Impact Pea to the O~£ice o~ the County ~anager pursuant to the provision, o~ this Section. Upon receipt o~ the Alternative Library System Impact Fee, the County ~anager .hall ~hedule a hearing be£ore the Board at a regularly scheduled meeting or a special meeting called for the purpose c~ reviewing the Alternative Library Syetem Impact Pea and shall provide the Applicant written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) dams of the date the Alternative Library System Impact Fee was eubmitted. B. The Alternative Library System Impact Fee calculati~m shall be based on data, information or assump~ionm contained in this Ordinance and the Impact Fee Stud2 or an Independent source, provided that the independent source is a local study support~l bM a data base adequate for the conclusions contained in such stud~ and perEormed according to a qanerallM accepted ~ethodolog~ and based upon generally accepted standard sources of infor~ation relating to facilities planning, coat &nalyeis and demoqraphicm. C. 1£ a previou.l~ approved ~lbrarM Systa~ Impact Construction project submitted, during its approval process, an Alternative Library System Impact Fee Study eubetantlall~ such study is dete~ined by the Board to be current, the ~lbra~ System impact of such previously approved Libra~ System Impact Con.truction shall be presumed to be as described In ~he prior study. In such circumstances, an Alternative ~ibra~ Syste~ Impact Fee shall be established reflec~ing the impact describ~ in ~e prior study. There shall be a rebuttable presump~ion that a libra~ impact study conducted more than two years earlier is lnva i Id. D. If ~e ~a~ date~ines ~at the da~a, info~ion a~d ass~p~ions utilized by ~e Applican~ to cal~late the Alte~ative Libra~ System Impact Fee complies wi~h the re~iremen~s of ~is Section and ~at the Al=e~ative Libra~ System Impact Fee was cal~la~ed by ~e use of a generally accepted me~ol~, ~en ~e Alte~ative Libra~ System Impact Fee shall be pai~ in lieu of the fee se~ fo~h in Section 2.01. " E. If ~e Boa~ dete~lnes ~at ~e data, lnfo~tAon an~ ass~tions utilized by ~e Applicant to cal~late ~e Alte~ativa of ~is Section or ~a= ~e Alternative Libra~ System Impac~ Fee was not calculated by the usa of a generally accepted meth~ol~, ~en the County shall provide to ~e A}plicant by ossified mai1, retu~ receipt re~ested, written notification of ~e re~ect~on of the Alternative Library System Impact Fee and the rsason ~arefor. 17 F. The decision of the Board shall bt in writing and issued within ten (10) working days o£ the review. G. Any Applicant or Owner whc has submitted a proposed Alternat£vs Library System Ispact Fas pursuant to this Section and desires the immediate issuance o£ a Building Permit shall pay prior to or at the time the proposed Alternative Library Systn Impact Fee is submitted the applicable Library System Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be con~truad as a waiver of any right of review. Any difference between the amount paid and ~lle a~ount due, as da=ermined by the Board, shall be reftmded to tho Applicant or Owner. ARTICL~ IIX MIBCBLLANEOUB PROVIBXONB Section 3.01. Exemptions. A. The following shall be exempted from payment of the Impact Fees: l. Alterations or expansion of an existin~ O~ellia~ Unit where no additional D~elling Units ars created. 2. The construction of Accessory Buildings or Structures which will not c~eate additional D~ellin~ Units. 3. The replacement of an existing D~ellin~ Unit where no additional Dwelling Units are created. 4. The construction of publicly owned Residential 18 5. The issuance of a tie-down permit on a Mobile Home on which the applicable Library System Impact Fee has been previously paid. Seotion 3,02, Changes of Size &t~ Use, Zmpact Fees shall be imposed and calculated for the alteration, expansion or replacement of a ~uilding or Dwelling Unit or the construction of an Accessory nuilding if the alteration, expansion or replacement cf the Building or Dwelling Unit or the construction of an Accessory Building results in a land use determined to increase the number of Dwelling Unite. The Impact Fee imposed shall be upon each additional D~elling Unit created by the alteration, expansion or replacement of the Building or Dwelling Unit or ~he construction of an Accessory Building. Seotion 3.03. Vssted PzLghts A. Any Owner of land which was the sub, act of a development order prior to the effective date of this Ordinance may petition the Board for a vested rights deter~lnation which would exempt the landowner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following cr£teria: 1. The existence of a valid, unexpired governnental act of the County authorizing tho specific development for which a determination is sought; 2. reliance Expenditures or obligations made or incurred in upon the authorizing ,jovernmental ac~ ~hat a~e reasonably equivalent to tbs Impact Fsss rsquirsd by Ordinance. 3. Other factors that demonstrate it is inequitable to deny the petitioner the oppor~uni~y ~o complete the previously approved developm.nt under the conditionl of approval by rs~trtng th. p~titlon~r to comply rs~ir~sn~s of this Ordtnanc.. For the pu~oses of paragraph, th~ followtn~ fa=tots shall bs consltsr~d dete~tntng whaler i~ is Inevitable to deny ~e ~tltlon~r the opportunity to complete the previously approved development: (a) ~e~er ~e tn]u~ suffered by ~e outweighs the publl= cos~ ol all~ing the develo~ent to go fo~ard wt~hou~ pa~ent of ~e Impa~ Fee r~l~ by ~is Ordtnance l and (b) Whether ~e e~enses or obligations ~or development were made or incurred s~se~ent to eff~=~tve date of ~hls Ordinance. B. ~e Co,tM Attorney shall ~ke a ~ltten deteml~tlon as to whether the O~er has est~llsbed a ves~ed right In ~e proposed Ltbra~ ~ystam Impact Constriction and, if so, ~e~er su~ ves~ed rtgh~ would exemp~ ~e ~er from ~e pr~istons o~ ~is Ordinance. C. ~y ~ner aggrtaved by a t~cl~io, ol ~ Count? Atto~ey pursuan~ to this Section may re,est a ravlew hearing on such decision pursuant to S~=~ton ~.07. Section 3.04. Affordable Rousing. A. The County shall exempt from the payment of the Library System Impact Fee any Library System Impact Construction which qualifies as Affordable Housing and which the construction of suc~ Library System Impact Construction is funded in whole or An pa~ by money received pursuant to a direct grant or subsidy fro~ the United States, Department of Housing and Urban Development, or from any direct grant or subsidy program of the State or County created to assist in the construction of Affordable Hot, sing. 1. Any Person seeking an Affordable Housing Exemption for a proposed Library System Impact Construction shall file with the County Manager an Application for Exemption prior to receiving a Building Permit for the proposed L~brary System Impact Construction. The Application for Kx~Rption shall contain the followi.ng: (a) The name and address of the Owner~ (b) The legal description of the Res~denti&l Property upon which the Library System Impact Construction shall be constructed; (c} The nature of the governmental grant or subsidy, including any terms, restrictions or conditions as to its use; (d) Documentation evidencing finalization of approval for the governmental grant or subsidy! 21 (e) subsidy; Proposed use of the ~overnmental grant or The proposed selling prics if tbs Library System Impact Construction will be offered for sale or the proposed rental price it the Library System Impact Construction will be offered for rent~ and (g) The number of bedrooms which the Library System Impact Construction will contain. 2. If the proposed Llbrary Systsm Impact Construction meets the requirements for an Affordable Housing Exemption, then the County Manager shall issue an Impact Fee Exnption. The Impact Fee Exemption shall be presented in lieu of payment of the Library System Impact Fss pursuant to Section 2.02. B. The County shall reimburse to the Applicant the Library System Impact Fee for any Library System Impact ConstructiOn which will be sold or rented for an amount which qualifies as Affordable Housing. 1. Any Applicant seeking a reimbursement of the Library System Impact Fee for a propcssd Library System Impact Construction shall file with the County Manager an Application for Reimbursement prior to receiving & Building Permit for the proposed Library System Impact Construction. The Application for Reimbursement shall contain the followingt (a) The name and address of the Owner; 22 (b) The legal description of the Residential Property upon which the Library System Impact Construction shall be constructed~ (c) The proposed selling price if the Library System Impact Construction will be offered for sale or the proposed rental price if the Library System I~pact Construc~ion will be offered for rent~ and (d) The number of bedrooms which the Library System Impact Construction will contain. 2. If the proposed Library System Impa~c Construction meets the preliminary requirements for an Affordable Housing Reimbursement, then the County Manager shall issue an Authorization for Reimbursement to the Applicant for the proposed Library System Impact Construction. 3. The Applicant for the Library System Impact Construction who has received an Authorization f~r Reimbursement shall pay the Library System Impac~ Fee due pursuant to Section 2.01 of this Ordinance. 4. If the Library System Impact Construction is being offered for sale, the Applicant may obtain a reimbursement of the Library System Impact Fee by presenting the Authorization for Reimbursement mild documentation indicating the actual selling price of the Library System Impact Construction to the County Manager. Such documentation shall be submitted within 90 days of the sale of the Library System Impact Construction. Failure to submit such documentation within the time required shall Me deemed a waiver of the right to reimbursement. After reviewing the documentation provided and determining that the re~uirements for an Affordable Housing Reimbursement have been satisfied, the County shall reimburse the ~.lbrary System Xmpact Fee to the Applicant. S. If the Library System Impact Construction will be offered for rent, the Applicant may obtain a reimburse~ent of the ~.ibrary System Impact Fee by presenting to the County Manager the Authorization for Reimbursement and documentation indicating the total monthly rental received for the immediate past calendar year, or for that portion of the initial calendar year for which the ~.ibrary System Impact Construction is rented. Such documentation shall be submitted within 90 days of th~ end of the calendar year. Failure to submit such documentation within the time required shall be dee~ a waiver of the right to reimbursement. After reviewing the documentation and determining that the requirements for an Affordable Housing Reimbursement have been satiefie~, the County shall reimburse to the Applicant an amount equal to one-seventh (1/7) of the Library £ystem Impac~c Fee paid. 6. Such annual reimbursements may be received for seven consecutive years. Failure to timely apply £or reimbursement in any year or the failure to provide documentation that the total monthly rental received per Dwelling Unit for the entire calendar year was within the limits established shall waive the Applicant's right to reimbursement in that and any subsequent year. 7. The reimbursements of tho Librar~ System Xmpact Fee shall be paid by the County within thirty (30) days of submission of the Authorization for Reimbursement and proper documentation indicating the sales price or the monthly rental for the immediate past calendar year. The County shall pay such reimbursement from the accumulated Library System Impact Fees collected pursuant to Section 2.01. 8. The right to reimbursement shall be only available to the Applicant as stated on the Application for Reimbursement and may not be transferred, sold or assigned to any other Person. C. For a Library System Impact Construction to receive Affordable Housin~ Exemption or an Affordable Housing Reimbursement, the amount for which the Library Construction may be sold or rented must be restricted to an amount within the standards contained on Appendix A a~d that such restriction must continue for a period of seven years f~o~ the issuance of the Building Permit. Such restrictions must be contained within the deed for th~ Library Systel Construction or within the provisions of a contract entered into between the County and both the Applicant and the Owner of the Library System Impact Construction, ~o Af£o~dable Housing Exemption nor Affordable Housing Reimbursement shall be granted for a Library System Impact Construction which consists of a Mobile Home. D. In determining the total monthly rental charge fo= the purpose of determining eligibility for an Impact Fee Exemption Authorization for Reimbursement, all payments which are required to be made by a tenant as a condition of residing at such Dwelling Unit shall be included. E. For each Library System Impact Construction which receives an Impact Fee Exemption or an Affordable Housing Reimbursement, the County shall pay into the Library Syste~ Impact Fee Trust Account the amount of the Library System I~pact Fee which was exempted or reimbursed. F. For the purposes of this Section, sits acquisition, site development, site preparation and infrastructure construc~ion required for a Library System Impact Construction shall be of the construction process. G. An Applicant who has been denied an Impact Fee or an Authorization for Reimbursement may request a review hearing on such decision pursuant to Section 3.07. Seotion 3.05. Alternative Colleation Method. In the event the Library System Impact Fee is not paid prior to the issuance of a Building Permit for the affected Library System Impact Construction, the Count} shall proceed to collect the Library System Impact Fee as follo~e~ 289 A. The County shall serve, by certified mall, return receipt requested, a "Notice of Impact Fee Statement" upon tho Applicant at the address set forth in the application for Building Permit, and the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The county shall also attach a copy of the "Notice of Impact Fee Statement" to the Building Permit posted at the affected Library System Impact Construction site if the Building is under construction. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the Applicant or the Owner, if the Building is under construction, or the date said notice was attached to the Building Permit, whichever occurs first. The "Notice of Impact Fee Statement" shall contain the legal description of the property and shall advise the Applicant and the Owner that= 1. The amount due and the general purpose for whfch the Library System Impact Fee was imposed; 2. A hearing pursuant to Section 3.07 may be re,sited within 30 calendar days from the effective date of service of the Notice of Impact Fee State=tnt, by making applic&tion to the office of the County Manager. 3. The Library System Impart Fee shall be delinquent if not paid and received by th~ County within 30 c&lendar days of the effective date of service of the Notice of Impact Fee Statement or if a heari~tg ia not requested pursuant to Section 3.07, and, upon becoming delinquent, Ihs11 be sub~ec~ ~o ~he i~pos£bion o~ a d~linquen~ ~ee and on ~he unpaid a~oun~ un~il pa~d~ 4. In the evan~ the Llbraz¥ Sys~m Impac~ Fee becomes delinquent, a lien against the property for which the Buildinq Permit was secured shall be recorded in the Official Records Book of ~he County. B. The Librar~ System Impact Fee shall be delinquent within 30 calendar days from the effective date of service of ~otice of Impact Fee Statement, neither the Impact Fees have been paid and received by ~he County, nor a review hearing requested · pursuant to Section 3.07. Xn ~he event a hearing ie requested pursuant to Section 3.07, ~he Impact Fees shall become delinquent if not paid within 30 days from the date the Board determines ~he amount of Impact Fees due upon ~he conclusion of such hearing. Ail time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and l~g~l holidays, but excluding ~he date of ~he earliest receipt of said Notice of Impact Fee Statement or,he date or,he Board's decision in ~he event of an appeal. In the event the due date falls on a Sunday or legal holiday, the last due date prior to beco~ln~ delinquent shall be the next business day. Upon becoming delinquent, a delinquency fee equal to 10t of the total Xmpac~ Fees imposed shall be assessed. Such total Xmpact Fees, plus delinquency fee, shall bear interest at ~he statuto~'M rate for ' final Judq~ents calculated on a calendar day basis, until paid. C. Should the Library System I~.~act Fee become delinquent el let forth in Subsection B, the County shall leave, by certified mail return receipt requested, a "Notice of Lien" upon the delinquent Applicant if the Building Il under construction at the address indicated in the application for the Building Permit, a~d upon the delinquent Owner at the address appearing on the molt recent records maintained by the Property Appraller of the County. The Notice of Lien shall notify the delinquent Applicant and Owner that due to their failure to pay the Library Syltem Impact Fee, the County shall file a Claim of Lien with the Clerk of the circuit court. D. Upon ~ailing of the Notice of Lien, the County Attorney Ihall file a Claim of Lien with the Clerk of the Circuit Cour~ for recording in the Official Records of the County. Thl claim of Lien shall contain the legal description of the property, the amount of the delinquent Impact Feel and the date of thekr imposition, once recorded, the Claim of Lien Ihall conltitute & lien against the property described therein. The County Attorney Ihall proceed expeditiously to collect, foreclose or otherwie& enforce said lien. E. After the expiration of one year from the date of recording of the Claim of Lien, al provided herein, a luit ~ay be filed to foreclose said lien. Such foreclosure proceedings Ihall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of =unicipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated h,~ein in their entirety to the same extent as if such provisicns were set forth herein verbatim. F. The liens for delinquent Xmpact Fees imposed hereunder shall remain liens, coequal with the liens of all state, county, district and municipal taxes, superior in diqnity to all other filed liens and claims, until paid as provided herein. G. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative requlations of the County or any applicable law or administrative requlation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its riqhts to proceed under any o~her ordinances or administrative regulations of the County or any applicable law or administrative requlatl~n of the State of Florida. Section 3.0e. Develcper Contzibution Czedits. &. The County shall grant a credit aqainst the Library System Impact Fee imposed by Sectior. 2.01 for the donation of land, or for the construction of an:, Library Syste~ buildinq, facilities or improvements and addit.ions thereto, made to the County Library System pursuant to a development order or made voluntarily in connection with Library System Impact Construction. Such donations or construction shallke subject to the approval of th. Board. 2O B. The amount of developsr contribution crsdit to be applied shall be dete~-mined according to the following standards o£ valuation: 1. Th. valu. o~ donated land shall b~ based upon a ~r~n app~a~sa~ of fair ~rke~ valu~ b~ a ~alifl~ and profess~ona~ appraiser based upon compa~abl~ sal~s of proper~y be~ean un~ela~ed pa~i~s In a ba~gain~ng ~ransac~on ~ and 2. The cos~ of an~icipa~d cons~c~ion ~o ~ County L~bra~ System shall b~ based upon cos~ estimates c~ifl~d by a professional architect or engineer. C. Prior ~o Issuance of a Bu~ld~ng Pe~tt ~e Applicant shall s~mit to ~e County Manager a proposed plan and of costs for contributions to the County Llbra~ Syste~. pro~sed plan and estimates shall include= 1. a designation of the Library Systea Const~ct~on for which ~e proposed plan is being 2. a legal description of any land pro~s~ donated and a ~itten appraisal ~repared In confo~ty wi~ S~section B.1. of this 3. an estimate of proposed const~ction costs by a professional architect or engineer~ and 4. a proposed time sch,dule for completion of proposed plan. D. Upon receipt of ~e proposed plan, ~e Co~ty shall schedule a hearing before ~e ~a~ at a re~larly sch~ul~ 3 Besting or a special meeting called ~or the purpose o£ reviewing the proposed plan and shall provide the Appl£cant or Owner written notice of the time and place of ~he hea~lng. Such hea~ing shall be hel~ w~hin ~l~y (30) days o~ ~he da~e p~oposed plan was s~mi~ed. E. ~e ~a~ shall de~e~ine: 1. l~ such proposed plan contemplated improvements and addl~ions ~o ~ha County Llbra~ 2. If ~e proposed plan la co~is~en~ in~eres~ and 3. if ~he proposed ~ime schedule ~or c~le~ion of ~e plan is consia~en~ vi~h ~e capital i~r~enen~ p~o ~or ~e County Llbra~ System. The decision o~ the Board as ~o vhe~her ~o accep~ proposed plan o~ donation or cons~c~ion shall be In ~l~i~ ~d issued vi~in ~en (XO) vorkinq dams o~ ~e review. A copM shall be provided ~o ~e Applican~ bM ce~ified ~ll. U~n app~al of a proposed plan, ~he Board shall de~e~ine ~e ~o~ of ~i~ based upon ~e above s~andards o~ valuation and shall app~e ~e~le for comple~ion of ~e plan. F. All construction cost estinates a~all be bas~ u~n, and all construction plans and specifications shall be An confo~i~y wi~h ~e Libra~ System cons~c~ion a~anda~s of Coun~M. Ail plans and specifications shall be applied bM ~e ~ra~ Director prio~ ~o co~encemen~ o~ cona~lon. In the event the amount of developer contribution determined to be applicable by the Board pursuant to an approved plan of construction exceeds the total amount of Impact Fees due. by the Applicant based upon the contemplated improvements to the county Library System proposed by the Applicant, the County shall execute with the Applicant an agreement for future reimbursement of the excess of such contribution credit from future receipts by the County of Library System Impact Fees. Such agreement of reimbursement shall not be for a period in excess of five years from the date of completion of the approved plan of construction or from the date of donation and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five-year period. H. Any Applicant or Owner who eubmits a proposed plan pursuant to this Section and desire, the immediate issuance of a Building Permit shall pay prior to or at the time the propos~ plan is submitted the applicable Library System Xmpact Fee pursuant to Section 2.01. Said payment shall be de~aed paid under 'Protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the a~ount due, as determined by the Board, shall be refunded to the Applicant or Owner. Beotion 3.07. Reviev Hearings. Systu Impact Fee pursuant to Section 2.01, shall to request a review hearing. An Applicant or Owner who is required to pay a Librazy have the right 033,,,.,276 B. Such hearing shaX1 be limited to the review of followlng~ 1. The application of the Library System Impact Fee pursuant to Section 2.01. 2. A vested rights decision under Section 3.03. 3. A denial of an Affordable Housing Exemption or Authorization for Reimbursement pursuant to Section 3.04. C. Except as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner within thirty (30) days, including Sundays and legal holidays, of the date of first receipt of the following, whichever is applic&ble~ 1. Receipt of a Notice of Impact Fee Statement. 2. A vested rights determination. 3. The denial of an Impact Fee Exemption or Authorization for Reimbursement. Failure to request a hearing within the time provided shall be deemed a waiver of such right. D. The request for hearing shall be filed with the of the county Manager and shall contain the following~ The name and address of the Applicant and Ow~er~ The legal description of the property in question! If issued, the date the Buildinq Pe~it wee 2. 3. issued; 4. A brief descriptiot of the nature of the construction being undertaken purrAant to the Building Permlti 34 paid, the date the Librar~ System vas paid; and 6. A statement of the reasons why the Applicant or Owner is rsquesting the hearing. g. Upon recsipt of such requsst, the County Hanagsr shall schedule a hasting before the Board at a regularly scheduled meeting or a spscial meeting called for the purpose of conduct:lng the hearin~ and shall provide the Applicant or Ownsr writtsn notics of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hasting was filsd. F. Such hearing shall be before the Board'and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable~ however, the hearing shall be conducted in a fair and impartial manner each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit, or if a Building Permit hal been issued without the payment of the Library System Impact Pea, shall pay prior to or at the time the request for hearing is filed the applicable Library System Impact Fee pursuant to ~ection 2.01. Said payment shall be deemed paid under #Protest# and shall not be construed aa a waiver of any review rights. H. An Applicant or Owner may request a bearing under'this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this Section. Section 3.08. Review Requirement. A. This Ordinance and the Impact ~ee Study shall be reviewed by the Board initially in connection with its approval of the capital improvements element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance and the Impact Fee Study shall be reviewed at least annually. The initial and each annual review shall consider new estimates of population per household, costs related to the acquisition of land, buildings and Collection Items for the County Library system necessitated by growth and adJuutments to the assu~ptions, conclusions or findings sst forth in the study adopted by SectiOn 1.04. The purpose of this review is ~o ensure that the Library System Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by the Library System Impact Construction on the County Library System. In the event the review of the ordinance required by this Section alters or changes th~ assumptions, conclusions and findings of the study adopted by reference in Section 1.04, revises or changes the County Library System or alte~ or changes the amount of Impact Fees, the stu¢ly adopted by reference in Section 1.04 shall be amended and updated to reflect the 36 assusptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt by reference such updated studies. B, Simultaneous with the annual review of the Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements element for the availability and adequacy of revenue sources to construct improvements and additions to the County Library System deter~incd in the Impact Fse Study to be required to acco~ate existing development. Section 3.0~. Declaration of ~olusioa f~a Procedures ~ct. Nothing conkained ~n this O~nanc~ shall be const~ed or integrated ~o ~nclude the County in the de~ini~ion o~ ~gen~ contained In Section 120.52, Florida Statutes, or to othe~lse subject the County ko the appl~catlon of th~ Administrative Procedure Act, Chapter 120, Florida Statutes. ~s d~cla~ation o~ ~ntent and exclusion shall apply to all proceedings taken as..a resul~ of or pursuan~ 2o this Ordinance including specifically, buk not ll~ited to, consld~ra~on of a peri,ion for v~st~ rights deracination under Section 3.03, a deracination of to an Impac~ Fee Exemption or Au~or~zatton for pursuan~ to Section 3.04, and a review hearing under S~ction 3.07. 8action 3.L0. 8everabi/ity. If any clause, section or provision o~ this Ordinance shall be declared unconstitutional or invalid for any r~ason or cause, the remaining potion o~ said O~inance shall be In full force and effect and be valid as such ~nval~d potion thar~o~ had no2 been inco~orated herein. In ~e evenk ik is held or consk~ed by any cou~ ~isdiction that the County does not possess the poveF oF &uthority to impose the Library System Impact Fee vithin municipal areas or such imposition of the Impact Fee within municipal areas is declared invalid or unconstitutional for any purpose, such declaration of unconstitutionality or lnv&lidity aha11 not affect the validity or constitutionality of the imposition of the Library System Impact Fee in the uninco~rated areas of the County and it is the intent of the County, in such avant, that such imposition of Impac~ Fees in the unincorpora~e~ areas remain valid and in force. Section 3.11. Effectivm Datm. A cer~ified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board within tan (10) days after enactment by the Board and shall take effect within thd unincorporated areas of ~he County immediately upon receipt of the official acknowledgment from that office and within the municipal areas ~f the County on the first day of February, 1989. DOLT ADOPTED in regular session, this ..13th day of December , A.D., 1988. BOARD OFCOUNT~COKHIBSION~S OF COLLIER COUNTY, FLOIL~OA Chairman~ BURT L. BAUNDER~-- The following shall qualify as Affordable Housing for the purposes of receiving an Affordable Housing Exemption and Affordable Housing Reimbursement: A. A Dwelling Unit which is offered for sale for a total amount not greater than= 2. 3. 4. $36,000 for a one bedroom Dwelling Unit. $45,000 for a two bedroom Dwelling Unit. $52,250 for a three bedroom Dwelling Unit. $60,000 for a four bedroom Dwelling unit. Bo monthly rental amount not greater than= 1. $310 for a one bedroom Dwelling Unit. 2. $390 for a two Bedroom Dwelling Unit. 3. $450 for a three bedroom Dwelling Unit. 4. $520 for a four bedroom Dwelling Unit. The Dwelling Unit which is offered for rent for a total 033-'.:282 OF FLORIDA ) '-,. ~, JAI~ES C. CILES, Clerk of Courte In end for the T~entieth Judlcta! Circuit, Collier County, Florida, do hereby certify t,~at the foregoing ',s a true cop~ of: Ordinance I~o. 88-97 #h~ch was adopted by tho Board of County Comm~eslonere on the 13th day of December, 1988, during Regular Sesa~on. ~I?NE$S ~y hand and the official seal of the Board of County Com~ls~toner~ of Collier County, Florida, th~e 20th day of December, 1988.