Ordinance 2011-10
ORDINANCE NO. 2011- 10
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONE~S
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER,
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A PROVISION CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WAT~ ~
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTlON~9; ::::
THE REGIONAL WATER AND/OR SEWER SYSTEM ~~ ~
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED Jt\F ~
THE MOST CURRENT PUBLIC UTILITIES WATER A~:: ...,
WASTEWATER MASTER PLAN UPDATES AND THE ANN UA},," , :J;:
UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLlC~~c;. ~
AND SEVERABILITY; PROVIDING FOR INCLUSION IN TH~;:;c\ U>
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances; and
WHEREAS, on December 1, 2009, the Board of County Commissioners adopted
Ordinance No. 2009-64 amending Ordinance No. 2001-13 by adding paragraph C.(l)m. to reflect
additional excluded geographic areas to the imposition of impact fees; and
WHEREAS, the adoption of this Amendment will amend Section 74-303 (C)( 1) of the
Collier County Code of Laws and Ordinances relating to the applicability and imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer
District to clarify and limit the imposition of Water and Sewer impact fees on additional
geographic areas within the Collier County Water-Sewer District until such a time when
connection to the Regional Water and or Sewer System is anticipated within a ten-year period as
identified by the most current Public Utilities Water and Wastewater Master Plan Updates and
the Annual Update and Inventory Report during the normal land development process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE. Article 11, Impact Fees, Section 74-303. Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability. of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee.
***
C. Limitation on Applicability. Notwithstanding the general applicability provisions
set forth in this chapter, water and sewer impact fees shall be limited as follows:
(1) The imposition of water and sewer impact fees shall not apply within the
geographic areas expressly excluded by this chapter for purposes of the water and/or
sewer service, development shall include only development on lands within the county
water sewer district, exclusive of lands encompassed by the geqraphic areas described
hereunder subject to the following condition: the imposition and .;ollection of water and
sewer impact fees on geographic areas within the county water sewer district shall not
take place until such time when connection to the regional water and/or sewer system is
anticipated within a ten-year period as identified by the most current county Public
Utilities Water and Wastewater Master Plan Updates and the Annual Update and
Inventory Report. Lands within the county generally excluded from the generally
applicable definition of "development" as it relates to the water and/or sewer service
include (the exclusions set forth below are not all-inclusive) lands lying within the
excluded areas which are either required to connect or request connection to the regional
water system, or which otherwise create a growth necessitated demand upon the regional
water system shall be subject to the imposition of impact fees in accordance with this
chapter in the same manner as if said lands were not within the excluded geographic area:
...
n. Any and all portions of Section 25. Township 49 South. Range 26 East within the Collier
County Water-Sewer District boundaries. Any and all portions of Section 15. Township 48 South. Range
26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 25.
26.36. Township 50 South. Range 25 East within the Collier County Water-Sewer District boundaries.
Any and all portions of Sections 5. 6. 8. 9.16. 21. 25. 28. 29. 30. 34. 35. 36. Township 51 South. Range
26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 5. 6.
9. 15. 19. 29. 30. 31. 32. 33. 34. Township 51 South. Range 27 East within the Collier County Water-
Sewer District boundaries. Any and all portions of Sections I. 2. 3. 4.10. II. 12.24. Township 52 South.
Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of
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Sections 3. 4. 5. 6. 7. 8. 9. 10. 11. 15. 16. 17.20.21. 22. 28. 29. 30. 31. 32. To\vnship 52 South. Range 27
East within the Collier County Water-Sewer District boundaries.
...
The following sections. townships and ranges will be excluded from water and sewer impact fee
exemption:
Any and all portions of Golden Gates Estates. Unit 30. Plat Book 7. Page 58. Public Records of Collier
County. Florida and Golden Gates Estates. Unit 31. Plat Book 7. Page 59. Public Records of Collier
Countv. Florida. Sections 20 and 29 Township 49 South. Range 26 East within the Collier County Water-
Sewer District boundaries. as referenced in Section 74-303 C.1.c. (9) and (] 0) of Ordinance 2001-13. Any
and all portions of Section 17. Township 50 South. Range 26 East within the Collier County Water-Sewer
District boundaries. as referenced in Section 74-303 c.1.g. of Ordinance 2001-13. Any and all portions of
Section 26. Township 50 South. Range 26 East within the Collier County Water-Sewer District
boundaries. as referenced in Section 74-303 C.l.k. of Ordinance 2001-]3. Any and all portions of
Sections II and 12. Township 51 South. Range 26 East within the Collier County Water-Sewer District
boundaries. as referenced in Section 74-303 C.l.k. Ordinance 2001-13. Any and all portions of Section
20. Township 5 J South. Range 27 East within the Collier County Water-Sewer District boundaries. as
referenced in Section 74-303 C.1.k. of Ordinance 2001-]3.
...
Section F.C.2.g. of Ordinance 2001-13 shall be amended to include any and all portions of Goyernment
Lot I. Section 6. Township 52 South. Range 26 East deye10ped as part of Isles of Capri. but which is not
included in Isles of Capri No. I. Plat Book 3. Page 41. Public Records of Collier County. Florida.
...
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 section of the Ordinance may be renumbered or
relettered and internal cross-references amended throughout to accompiish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
The Ordinance shall become effective upon filing with the Secretary of State.
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PASSED AND DULY ADOPTED by the Board of County Com:nissioners of Collier
County. Florida this \ ~ ~\-.. day of C~ ,2011.
ATTEST:
DwiYtt E. Brock, Clerk
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Approved as to form
and legal sufficiency:
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Jennifer . White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
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Fred W. Coyle, CHAIRMAN
This ordinance filed with the
Secretory of Stote's Office the
clD. day of /dr' J., ~ I t
and acknowledgement of that
fiiin~ed this ~dOY
of '...~
Deputy Cler\;
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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 2011-10
Which was adopted by the Board of County Commissioners
on the 12th day of April, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of April, 2011.
DWIGHT E. BROCK
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Clerk of Courts and'Clerk'>,
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Ex-officio to Bo;>.,td~.~,
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County Commissiqpe:ts,', " .,.:
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Teresa Polaski,
Deputy Clerk