Loading...
Ordinance 2011-20 f-'.-"" _ - .':~"""'" ()rJ) ;. <c"..:"'~ oY 6' cv' ~ t\ ~ cO I? ~~~i ~ ~ ~):::"..:: ORDINANCE NO. 2011 - 20 ~ ~. .;::f .... ~ ~ "5 :: .. ~ ~ ~c\.. ~G ORDINANCE OF THE BOARD OF COUNTY COMMISSION~~ ~ ~ ClCOtr., r:-,'\9\~ OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74~; ~ ~ ~':" v..~::-__/ THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;-::." ~ \,+"(\ (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE\i:';:. "?~,,\\O ORDINANCE) BY AMENDING PROVISIONS RELATING TO \(': C ..f? OBT AINING A CERTIFICA TE OF ADEQUA TE PUBLIC -~~,' /. ,.~..) FACILITIES WITH RESPECT TO ROAD IMP ACT FEES; ~~:~;, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING ~/ FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for transportation since 1985; and WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) 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, through its adoption of Ordinance No. 2009-09, the Board amended Ordinance No. 2001-13, as amended, specifically provisions relating to the upfront payment of road impact fees to obtain or extend a Certificate of Adequate Public Facilities so as to allow payments over a five-year period; and WHEREAS, the Board recognizes that developers are still expenencmg economIC difficulties and on April 12, 2011, directed staff to review proposals and recommendations to modify the payment schedule so as provide adequate upfront funding for road projects while allowing developers to retain sufficient funding to move forward with projects. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-302, Special requirements for road impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Underlined text is added; Stmek lllrouglllext is deleted Page ] of 4 (h) Payment of road impact fees to obtain a certificate of adequate public facilities. (1) A fi';e year temporary certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order, At the time a temporary certificate of public facility adequacy is issued, twenty thirty-three percent (~ 33%) of the estimated payment based OIl the impact fee rate in effect at the time of the pre approval letter will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements and are non-refundable. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application submittal, such that additional impact fees may be due prior to issuance of the building permit(s). The balanee of transportation impact fees shall be paid iIl four additional amlUal installments of 20%, beginning one year after the initial 20% payment. (~) At the time a temporary COA is issued, and the first tweRty pereeRt (20%) of the estimated paymeIlt is paid, the applicant will deposit with the County sufficient security, the form of '.vhich has been approved by the Board of County Commissioners, for a term of four years, in all amouRt equal to the 20% payment. A Upon payment of 100% of the estimated impact fees, the eertifieate will be issued in perpetuity and the dedicated security will be released. No further advance paymeRts """ill be due once aetual road impaet fees are paid equal to the initial estimated impaet fees. f4j Failure to submit payment in aceordance '.vith the pro';isions of this subsection shall result in the following: a:- Upon failure to cure follo\'1ing 10 days written demand, the County '.vill exereise its payment rights to the dedicated security; aOO &:- The matter \-vill be referred to the Board of County CommissioIlers for review. .^.bsent the Board findiRg exceptional circumstances, the temporary certificate of public facility adequacy shall be revoked. W For those developments that have secured a three year COA, in order to extend the vesting period for all additional five years, the balaIlee of the estimated transportation impact fees, based OIl the impact fee rate in effeet at the time of the pre approval letter, must be paid in fi','e additional annual installments of 20% with the first payment being made prior to the expiratioIl date of the three year certificate. For those de','elopments that have seeured a three year certificate that has expired, iIl order to extend the vesting period for all additional five years, the balance of estimated transportation impaet fees based on the impact fee rate in effect at the time of the pre appro'lalletter must be paid in five additional annual installments of 20%, with the first payment being made within (30) thirty days of the effective date of this Ordinance. :\t the time the LinderllOed text is added: St~tflrough text is delctcd Page 2 of 4 first twenty percent (20%) of the estimated payment is paid, the applicant 'Nill deposit '.yith the County sufficient security, the form of which has been approved by the Board of County CommissioRers, for a term of five years, in an amouIlt equal to the 20% paymeIlt. UpOR paymeRt of 100% of the balaIlce of the estimated impact fees, the certificate will be issued in perpetuity aRd the dedicated security will be releasee. No further advance paymeRts will be due once actual road impact fees are paid equal to the balaRce of the estimated transportation impact fees. failure to submit payment in aceordance '.vith the provisions of this subsection shall result in the followiRg: (i) UpOR failure to cure following 10 days '.witten demaIld, the County '.vill e)(ercise its payment rights to the dedicated security; aIld (ii) The matter will be referred to the Board of County Commissioners for reyiev,'. Absent the Board findiRg exceptional circumstances, the temporary certificate of public facility adequacy shall be revoked. (~2) Offsets for road impact fees assessed to building permits for impact fees paid in accordance with this subsection, as well as any remaining balaRce of payments related to the original three year certificate, will be applied equally to the ne'.v or remaining units or square footage and will run with the subject land. Cl- J) This provision is to be read in conjunction with Section 10.02.07 of the Collier County Land Development Code. To the extent this provision conflicts with this or with any other Collier County ordinance, rule or regulation, the provisions of this section shall control. 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 the 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 portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier CJunty, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shalI be effective upon filing with the Department of State. Underlined tcxl is added: Stfuok tllrougll text is dclclcd Page 3 of4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I~th day of June ,2011. , ".~..".....- ....Iti/~:\~:.:;. . . ~ . 80.41:>0 ""~' A T1:!ij>q'~+j:.......... o,r. '\. .., Dwr6J.g..Erl~RQC~, <iJ;~!u< , ,~. f{ ~f),;;"ij>-. "} '~.:'~'~'; By: : ~ _c~...~ ..;~. tUta"t ,~u. Approved as to form and legal u lciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B.~W.~ y'FRED W. COYLE, CHAIRM Page 4 of4 Undcrlined tcxt is added: Simek tllr6ugll text is delctcd This ordinance filed with thl;: Secretory of State's Off~c.: the ~ day of JVf\t.. , 'lJU end acknowledgeme~ ct thot .tili received this 1 day Of v 2.0\ ~- . ,~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk af Caurts in and far the Twentieth Judicial Circuit, Callier Caunty, Flarida, do. hereby certify that the faregaing is a true and carrect capy af: ORDINANCE 2011-20 Which was adapted by the Baard af Caunty Cammissianers an the 14th day af June, 2011, during Regular Sessian. WITNESS my hand and the afficial seal af the Baard af Caunty Cammissianers af Callier Caunty, Flarida, this 20th day af June, 2011. DWIGHT E. BROCK Clerk af Caurt~'~rq#'~r;lerk Ex-afficia to..~~~i;d"ot.. v.: Caunty Cammi~~.o?er~ ".: (; : '':.: : ( . ./' J ',":: ~:~_..it-!/.." ;:;1 -- :. f- ~ ,. ",. I ~ ~ -.., , ..... I- . ':,'7~: .:.......~/ ;:. ~"i" By: Martha V;e1;gcira.:,a. f. . . , -, 'III .' Deputy Clerk'. ."".'