Ordinance 78-36 ORDINANCE NO. 78-36
AN ORDINANCE REQUIRING THE PAYMENT OF AN EDUCATIONAL
IMPACT FEE FOR THE PURCtUkSE OF LAND FOR SCHOOL CON-
STRUCTION AND EQUIPMENT OF NEW SCHOOL FACILITIES WHICH
FEE IS TO BE PAID AS A CONDITION PRECEDENT TO TIlE
ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR NEW RESI- --~
DENTIAL CONSTRUCTION; PROVIDING LEGISLATIVE ~INDINGS;~0
PROVIDING LE¢ISnATIVE INTENT; PROVIDINO O JE T S; ,
PROVIDING RULES OF CONSTRUCTION; PROVIDING D~TION~?
PROVIDING STANDARDS AND FOrmULA FOR DETERMIN~N~ ~HE ~-~
AMOUNT' OF FEE TO BE PAID; PROVIDING EXCEPTIONS-~RO-
VIDING FOR LIMITATIONS ON AND EARMARKING OF ~PE~DI- ~__.
TURES OF.MONIES; PROVIDING FOR LIBERAL.CONSTR~T~ON, ~__
SEVERABILITY OF INVALID PROVISIONS AND PENAL%Y.]C~]SUSES~=
PROVIDING FOR AN EFFECTIVE DATE. ~
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
Section One: Legislative Findings·
The Board of County Commissioners of Collier County finds,
determines and declares that:
1. Present and future development and population growth has
brought and shall continue to bring increasing demands for bigger
and better educational facilities.
2. Educational facilities primarily receive students from nearby
· areas·
3. Adequate educational facilities are essential to the preser-
vation and improvement of human values and are ~ecessary in the
interest of the public health, safety and welfare.
4. Present educational facilities are burdened by mushrooming
enrollments, substantially attributable to the movement of persons
and families into Collier County.
5. It is in the interest of the public health, safety, welfare
and ,convenience of the community to regulate the use a~d de op~
ment of land by requiring the payment of an educationa~ impa~ I---
fee as a condition precedent to the issuance of a ~ert~icat~o~-r~
occupancy for new residential construction for the sole~and
exclusive purpose of acquiring land and constructing an~equip-
ping educational facilities thereon in the areas from which said
monies are derived.
6. It is contrary to the public health, safety, welfare and
convenience of the community to allow the use and development of
land in such a way as to prevent citizens from enjoying the
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physical, mental and psychological freedom and benefits that
are derived from a well-educated citizenry or from having access
to adequate and proximate educational facilities in o~der to be-
come part of an educated citizenry,
7. Ail residential unit construction ts deemed to create the
same demand for expanded educational facilities regardless of the
fact that the,initial occupants may be childless persons since
there is no assurance that persons that are presently childless
will continue to remain so nor is there any constitutional,
lawful, or practical way for the county or any municipality
therein to prohibit units that may have initially been constructed
for childless occupants from ever being sold to or occupied by
occupants that will require expanded educational service, and
further because new childless occupants may create a need for
supportive services which will result in persons with children
moving into the community.
8. Ail areas of new construction are deemed to benefit from
improved and expanded educational facilities regardless of
whether a high or low percentage of the'residents thereof are
actually enrolled in such schools or will ever Ge enrolled by
virtue of the inherent benefits that accrue to the community
generally from an adequately educated citizenry.
Section ~,o: Legislative Intent.
In order to regulate the use and development of land so as
to allow and permit further population growth in the county but
to at the same time provide for the increasingly expensive educa-
tional needs of the expanding population in Collier County, and
to provide the public with maximum access to the educational
facilities of the county, so as to insure the greatest benefits
possible to the health, safety, and welfare of the citizens of
Collier County, the State, and the United States; BE IT HEREBY
DECLARED that the legislative intent of this Ordinance is to
provide methods and procedures for insuring that adequate educa-
tional facilities and access thereto is provided and maintained
by and through Collier County as the population of said county
increases and to insure that a proportionate burdon of the costs
of expanded facilities is placed upon the now construction respon-
sible for such expansion.
Section Three: Objectives.
The objectives of this Ordinance are as follows=
1. To establish a county-wide system of financing'construction
of sch6ol facilities adequate to meet the needs of a growing
population so that the distances traveled by pupils to school is
not unreasonable and so that the pupil/teacher/classroom ratio is
conducive to maximum efficiency for educational instruction.
2. To allow and permit population growth in Collier County but
to do so in a manner that avoids placing on present residents of
Collier County the brunt of the costs of providing new and expanded
facilities to meet the needs brought about by new construction in
an area.
3. To impose on new construction in an area educational impact
costs, which bear a reasonable relationship to a pro-rata share
of the total such impact costs.
Section Four: Rules ~f Construction.
For purposes of the administration and enforcement of this
ordinance, unless otherwise stated in this ordinance, th~ follow-
ing rules of construction shall apply to the text of this ordinance.
1. The word "shall" is always mandatory and not discretionary.
The word "may" is permissive.
2. Words used in the present tense shall include the future; and
words used in the singular number shall include the plural unless
the context clearly indicates the contrary.
3. The phrase "used for" includes "arranged for", "maintained
for", "provided for", or "occupied for".
4. The word "person" includes an individual, a corporation, a
partnership, an unincorporated association, or any other similar
entity.
5. Unless the context clearly indicates the contrary, wherever
regulation involves two (2) or more items, conditions, provisions,
or events connected by the conjunction "and," :or", or "either...or,
the conjunction shall be interpreted as follows=
a. "And" indicates that all the connected items, condi-
tions, provisions, or events shall apply;
b. "Or" Indicates that the connected items, conditions,
provisions, or events may apply singly or in any
combination;
c. "Either...or" indicates that the connected items,
conditions, provisions or events shall apply singly,
but not in combination.
6. The word "includes" shall not limit a term to the specified
examples, but is intended to extend its meaning to all instances
or circumstances of like kind or character.
Section Five: Definitions.
The following definitions shall apply for the purpose of
administration, enforcement ~nd integration of this Ordinance:
1. APAR~.~NT: See DWELLING, MULTIPLE FAMILY.
2. BUILDING: Any structure, either temporary or permanent,
having a roof and used or built for the enclosure or shelter of
persons, animals, vehicles, goods, merchandise, equipment, materials,
or property of any kind. ~is definition shalL, include tents,
dining cars, trailers, mobile homes, sheds, garages, carports,
animal kennels, storerooms, or vehicles serving.i~ any way the
function of a building as des~ribed herein.
a. ACCESSORY BUILDING: A subordinate building, the use of
which is incidehtal to that of the principal building
on the same lot.
b. PRINCIPAL BUILDING: A building in which is conducted
the principal use of the lot on which it is situated.
In a residence district any dwelling shall be deemed
to be the principal building on the lot on which the
same is situated.
3. DEVELOP OR DEVELOPMENT: The same meaning as set forth in
Section 380.04 Florida Statutes (1975).
4. DWELLING UNIT: A "dwelling unit" consists of one (1) or more
rooms which are arranged, designed, or used as living quarters,
including permanently installed individual bathrooms and complete
kitchen facilities.
a. DWELLINGt SINGLE FAMILY ATTACHED: A structure designed
as one (1) dwelling unit at ground level and intended to
be occupied exclusively by one (1) family and structurally
connected by common walls or with separation of not more
' ' than one (1) inch from at least one (1) or more other
dwelling units.
b. DWELLING, SINGLE FAMILY DETACHED: A structure designed
as one (1) dwelling unit and intended to be o?cupied
exclusively by one (1) family and structurally connected
to no other dwelling unit.
c. DWELLING, MULTIPLE FAMILY: A structure designed with
more than one (1) dwelling unit with accommodations
for each dwelling unit independent of each other and
intended to be occupied by more 'th~n one (1) family.
5. EDUCATIONAL FACILITIES: Includes but is not limited to
schools, classrooms, instructional or research facilities and
initial equipment forming a part of or attached to school build-
ings operated by the County School Board and the land upon which
such facilidies are located.
6. LIVING UNIT: Shall have the same meaning as "DWELLING UNIT."
7. RESIDENCE: See DWELLING UNIT.
8. RESIDENTIAL CONSTRUCTION: Includes but is not limited to the
building or construction, of single family attached and detached
units, multiple family units, and the erection or location of
mobile homes or mobile home parks, condominiums, beach houses,
a~artment houses or other such dwellings.
9. RESIDENTIAL UNIT: See DWELLING UNIT.
10. SERVI6E RADIUS: Shall be defined as the entire geographical
boundary of Collier County, Florida.
'11. TOURIST HOME: A building or part thereof other than a hotel,
motel, motor lodge, or boarding home, where lodging accommodations
are offered to the public and intended primarily for rental to
transients with daily charge.
OOB
12. COST PER PUPIL STATION: The statewide average cost for the
SITE purchase, construction, and initial equipment to house a
single K-12 pupil in the State of Florida.
13. COLLIER CO~TY FLORIDA~ All unincorpora~ed areas and incor-
porated areas through the entire geographical boundaries of
Collier County, Florida.
Section Six= Payment of fees upon issuance of building permits.
1. It shall be unlawful for any person to cause, permit or
suffer to be issued a certificate of occupancy for any type of
new residential construction within Collier County, Florida, for
which a building permit is required by applicable ordinances
without first providing for the paymen6 of a fee in the amount
and in the manner required by this ordinance for each individual
residential unit so developed or constructed.
2. As a condition precedent to the issuance of a certificate of
occupancy for any nCw residential construction, applicant shall
pay a fee in the amount and in the manner required by this ordinance
which shall be used exclusively for the purposes set forth in
this ordinance.
3. The amount of the fee shall be calculated aUcording to the
formulae contained in Section Seven of this ordinance.
4. The fee shall be paid, prior to the issuance of any certi-
ficate of occupancy covered by this ordinance and shall be paid
into the general fund of Collier County or other appropriate
municipal governments co'llecting the fee and transferred to the
School Board on a QUARTERLY basis. Ali funds shall be properly
identified by the service area from which they were collecued and
used by the School Board for the purposes and subject to the
conditions set forth herein.
5.. The collecting agency shall be entitled to 3% of the total
fees collected to pay for the cost incurred in collection of
these fees.
Section Seven: Standards and formulae for determining amount of
fee to be paid.
1. It is the intent of the Board of County Commissioners that
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new populations in th~ county should ba char~ed a fee per new
residential dwelling as herein calculated for the cost of new
facilities.
2. It is the intent of the Board of County Commissioners that
=he cos= associated with each dwelling unit shall be the same
regardiess of the price of =he unit itself.
3. The impact fee Shall be calculated each year as follows:
a. Calculate the number (x) of pupils per dwelling unit
by dividing the to=al number of K-12 pupils in the
district by the total number of dwelling unit~ in the
district.
b. Calculate the average cost of construction per pupil
station (y) by dividing the total cost of construction
statewtde of new pupil stations by the number of new
pupil stations constructed statewide in the preceding
year.
c. Calculate the gross impact cost per dwelling unit
(xy) by multiplying the applicable number obtained
in (a) above by the amount obtained in (b) above.
d. Obtain the statewide proportion of state contribution
to construction costs (z) by dividing the previous
year's statewide expenditures for establishing new
pupil stations by the total costs incurred for that
purpose through the state.
e. Obtain the expected state contribution per dwelling
unit (xyz) by multiplying the fraction (z) by the
gross impact c6s= per dwelling ~nit (xy).
f. Obtain the net impact fee per new dwelling unit by
d~ducting the expected state contribution per dwelling
unit (xyz) by deducting the expected state contribution
per dwelling unit (xyz) from the applicable gross impact
cost per dwelling unit (xy) subject to the provision
that the deduction shall not be less than 70% of the
gross impact cost per dwellin~ unit.
and pupils enrolled shall be certified annually to
the Board of County Commission, by the School. Board
utilizing information provided by the Florida Depart-
ment of Education
Section Eight: Exceptions; exclusions; credits.
An impact fee for the purpose of purchasing land or for the
construction of new ed~cational facilities shall not be required:
1. As a condition precedent to the issuance of building permits
authorizing the mere modification, remodeling or extension of
existing residential structures or dwelling so long as the intent
and purpos~ of such remodeling is not to change the fundamental
nature of the structure from a unit of lesser occupational den-
sity to one of greater occupational density, as in the conversion
of a single family unit into a multiple family unit.
2. As a condition precedent to the issuance of building permits
for the construction of hotels, motels, motor lodges, tour'tst
homes or boarding houses where the accommodations are offered to
the public and are intended primarily for rental to transients on
a daily basis.
3. Where the fee has already been paid·
4. For the construction of Accessory Buildings as opposed to the
construction of Principal Buildings. As herein defined, Accessory
Buildings would include.carports and garages even though attached
to and part of a Principal Building so long as the intended use
is 6onsistent with such accessory status.
5. Where land equal in value to the amount of fee due under this
ordinance has been dedicated to the county for educational pur-
poses in association with or as a precondition to the filing and
approval of a plat or devolopment plan.
6. In the event any person, firm or corporation has donated
funds or lands to Collier County or any municipality therein to
be used for the purpose of providing land for or to be expended
on new school construction as contemplated by this ordinance,
such person, firm or corporation shall be given a credit against
the charges imposed by this ordinance to the extent of the funds
008
value of the lands so donated and the fee required by this
ordl6ance diminished accordingly.
7. Replacement of pre-existing unia by a unit of the same type
and relative size.
Section Nine: Limitations on expenditure of monies.
1. Monies de~ived from the payment of fees as required by this
ordinance shall be used solely and exclusively to purchase land
'for new school construction or for new school construction/
equipment for new schools or major additions within the service
radius from which such fees were derived and shall not be used
for reconstruction of existing facilities or for the purchase of
lands for the purpose of replacing or relocating existing facili-
ties, except that such fees may be expended on existing facilities
as herein provided in s~bpart 2. of this section.
2. Monies derived from the payment of fees as required by this
ordinance may be expended on existing facilities only so long as
each of the following conditions are met:
a. The monies are expended on facilities located within
the service area from which such monies were derived;
and
b. Such expenditure increases the physical pupil accommo-
dation capacity of the facility.
c. The new facility has been recommended in an Official
School Plant Survey conducted by the Florida Depart-
ment of Education.
Section Ten: Liberal Construction, severabilftt, and penalty
clauses.
1. Liberal construction. The provisions of this ordinance shall
be li~erally construed to effectively carry out its purposes in
the interest of public health, safety, welfare and convenience.
2. Severability. If any section, phrase, sentence or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent Jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such
holdings shall not affect the validity of the remaining portions
thereof.
Penalty and Remedy.
a. Any certificate of occupancy issued for new residential
construction as covered by this ordinance but without
payment of thc fccs as required by this ordinance shall
be void.
~e Board of County Comissioners or any citizen contri-
buting to th.e d,.velopment of new school lands or facili_ ~
ties as outlined in Section Eight, subpart 7 of this
ordinance shall have the power to collaterally enforce
the provisions of this ordinance by appropriat~ Judicial
writ or proceedings notwithstanding any prosecution as
a misdemeanor.
Section Eleven: Effective Date.
This Ordinance shall take effect upon receipt of notice that
it has been filed with the Secretary of State and upon signature
by the county and all municipalities in the county of an inter-
local agreement whcreby each governmental unit will collect said
.
.fees as provided in this ordinance.
~'~%%i~ ~ ',PASSED AND D~Y ADOPTED by the Board of County Co~issioners
,
,.. of Cold, er County, Florida, this 18th day of July, 1978.
~- . . ., ....
. ~.*. 'ATTEST":, %1'i' // BOARD OF COUNTY CO~ISSIONERS
'~< z /-~
A ro
pp s t~ f6~ and legal
su~cien~ ~
Collier County Attor~y
STATE OF FLORIDA
COUNTY OF COLLIEK
I, WILLI~ J. REAGAN, Clerk of Courts ~n and fo~ the ~ent~eth
Jud$cial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true original of O~INANCE 78-36 which was adopted
the Board of County Co~isstoners during Regular Session July 18, 1978.
WITNESS my hand and tha official ,esl of the Board of C~.,
Co~tssioners of Colli.r County. Florida. this 25th ~ay
WILLI~ J. R~GA~' '~,
Clerk of Courts' an~, Clerk
Ex-officio to Board of
County ~missto~er8'.
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