Ordinance 2010-39
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~\i,,~~"Y'~t1:~~i.A~ RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
~~~eL~ ....../'y.,.,~v EC~~~~~i~U~J:T:~~~AO~~~~~N~N~~~~~A~C~~
~.~ (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE) BY AMENDING THE EDUCATIONAL FACILITIES
(SCHOOL) IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE
SIX OF APPENDIX A, TO PROVIDE FOR A REDUCTION IN
RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR A
RETROACTIVE EFFECTIVE DATE OF OCTOBER 8, 2010.
WHEREAS, on May 13, 1992, the Board of County Commissioners adopted Ordinance
No. 92-33, the Collier County Educational Facilities System Impact Fee Ordinance, thereby
establishing the County's then applicable Educational Facilities Impact Fee rates; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on June 26, 2007, the Board of County Commissioners adopted Ordinance
2007-57, thereby adopting the "Collier County Impact Fee Indexing Study," and amending the
Code.to reflect the new indexing provisions and amended rates; and
WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-17, amending the Code to implement revised indexing methodology and thereby
established the current Educational Facilities Impact Fee rates; and
WHEREAS, Educational Facilities Impact Fees are collected by Collier County (the
"County") and transmitted to the District School Board of Collier County (the "District") for the
purpose of funding growth-related capital improvements and in accordance with the "Interlocal
Agreement for Collier County Educational Facilities Impact Fee Ordinance" between the County
and the District; and
WHEREAS, the District uses impact fees to supplement the funding of necessary capital
construction and/or improvements to facilities required to provide public educational facilities to
sefVe new population and related development that is necessitated by growth in Collier County;
and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained Tindale-Oliver and Associates,
Incorporated (the "Consultant"), to review the existing Educational Facilities Impact Fees and
recommend changes to the fees where appropriate and this study is currently in process; and
WHEREAS, on August 19,2010, the District voted unanimously to recommend a 50%
reduction in Educational Facilities (School) Impact Fees over a twenty-four month period; and
WHEREAS, on August 23, 2010, the Chairman of the District School Board of Collier
County provided correspondence to the Chairman of the Board of County Commissioners
requesting that the recommendation be placed on a Board of County Commissioners agenda for
discussion and vote.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances is hereby amended as set forth in the attachment to this Ordinance.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
2
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be retroactively effective as of October 8, 2010.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ~ day of Oc.+cbev", 2010.
ATTEST , "
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Dwight E. Brock,'.Clek~
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: -rt-
FRED W. COYLE, Chai
This ordinance filed with tht
~Cftlry of ~cm:~~f.fi<:8, ti1
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and ocknowledgemeJ)f N.lttat
fili r eived . ~"&y
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APPENDIX A - SCHEDULE SIX
EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE SCHEDULE
Effective July 27, 2009 October 8. 2010
Impact Fee Land Use Category
Mobile Home/RV Park
Multi-Family
Single Family Detached House
Less than 1,500 sq. ft.
1,500 to 2,499 sq. ft.
2,500 sq. ft. or larger
$6,687.38
$3,313.68
$9,612.82
$10,755.11
$11,702.91
Rate
$3.343.69
$1.671.84
$4.806.41
$5.377.70
$5.851.45
Per Unit/Site
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Underlined text is added; 8truek through text is deleted
Page 4 of 4
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-39
Which was adopted by the Board of County Commissioners
on the 12th day of October, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of October, 2010.
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DWIGHT E. BROCK ..\~\ ....
Clerk of Courts ~'A~t:'lll€,r.~
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Ex-officio to ~~.of ',(,
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By: Ann Jennejohn,
Deputy Clerk
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