Sec. 74-301. - Overview of special requirements.

Because this chapter is a consolidation of impact fee regulations for different types of public facilities, this article III shall establish and provide additional or different provisions, requirements and limitations that apply only to a particular type of public facility. A separate section within this chapter has been included for each type of public facility. In the event of a conflict between the general provisions of this chapter and the specific provisions set forth in this article III, the terms and provisions of article III shall control.

(Ord. No. 01-13, § 1, 3-13-01)

Sec. 74-302. - Special requirements for road impact fee.

(a)

Short name. This section may be known as "Special Requirements for Road Impact Fee".

(b)

Purpose. It is hereby ascertained, determined and declared:

(1)

Both existing development and development necessitated by the growth contemplated in the comprehensive plan will require improvements and additions to the transportation network to accommodate and maintain traffic at the level of service adopted by the county. Future growth, as represented by new development, should contribute to the cost of improvements and additions to the transportation network required to accommodate and traffic generated by such growth as contemplated in the comprehensive plan.

(2)

The required improvement and additions to the transportation network needed to accommodate existing traffic at the level of service adopted by the county shall be financed by revenue sources of the county other than road impact fee.

(3)

Implementation of a road impact fee to require future development to contribute the cost of required transportation capital improvements and additions is an integral and vital element of the regulatory plan of growth management incorporated in the comprehensive plan of the county.

(4)

Future growth as represented by new development requires capacity additions to roads within the state highway system, the county road system and the city street system. The provision of these growth necessitated capacity additions to the state highway system and certain portions of the city street system directly benefits all residents of the county and is interrelated with the provision of growth necessitated improvements to the county road system. In recognition of these findings and the interconnections between the various road systems, it is the intent of the board to impose an impact fee on development occurring within the county and to utilize the proceeds to construct or acquire contemplated improvements and capacity additions to the transportation network.

(5)

The board expressly finds that improvements and additions to the transportation network provide a benefit to all development within the county in excess of the road impact fee.

(6)

In recognition that transportation planning is an evolving process, it is the intent of the board that improvements and additions to the transportation network be reviewed and adjusted periodically to insure that road impact fees are imposed equitably and lawfully and are utilized effectively based upon actual and anticipated growth needs at the time of their imposition.

(7)

The county has a responsibility to provide and maintain certain roads in the county in both the unincorporated areas and within incorporated areas of the county. Placing a fair share of the burden of the cost of providing the improvements and additions to the transportation network required by development within incorporated areas constitutes a county purpose. Construction occurring within incorporated areas impacts the county road system and state highway system within the county. In recognition of these findings, it is the intent of the board to impose the road impact fee on all development occurring within the county, including areas within municipal boundaries.

(8)

The purpose of this section is to require the development within the county to provide for capital improvements and additions to the transportation network which are necessitated by such development. This chapter shall not be construed to permit the collection of road impact fees from development in excess of the amount reasonably anticipated to offset the demand on the transportation network generated by such development.

(9)

This chapter shall not be construed to permit the expending or encumbering of any monies collected through road impact fees for the construction of improvements or additions to roads which are not contained within the transportation network.

(c)

Limitation on applicability. See section 74-103

(d)

Payment. See section 74-202

(e)

Use of funds.

(1)

The road impact fee shall provide funds only for off-site growth necessitated improvements or addition(s) to transportation network roads within the same road impact fee district where the respective development is located or for arterial or collector roadways of any one or more adjacent districts. Road impact fees from each such road impact fee district may be used in the respective adjacent district(s) provided that:

a.

The improvement to be made in the adjacent district is part of the transportation network that will directly benefit development in the district from which the road impact fees are generated; and

b.

The expenditure of road impact fees within the respective adjacent road impact fee district is reasonably related to the benefit derived by the district wherein the road impact fees are collected.

(2)

Prior to the expenditure of road impact fees for a capital improvement or addition located in a road impact fee district other than where the impact fees were derived, a professional engineer shall provide a specific determination of benefit and demonstrate compliance with the requirements of this section for the proposed expenditure. Expenditure of road impact fees in a road impact fee district other than from where the impact fees were derived shall require approval from the board and the board shall support the approval by a specific finding of benefit.

(3)

Access improvements, including required right-of-way dedications, shall be provided by the applicant in accordance with all other applicable ordinances of the county.

(4)

Road impact fee district boundaries (where a road right-of-way is used to define road district boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of either district that it bounds).

a.

Road impact fee district number 1 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 1 shall include all areas previously included within district numbers 1 and 2 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in the road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 1 at a rate established under the applicable impact fee land use categories.

b.

Road impact fee district number 2 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 2 shall include all areas previously included within district numbers 3 and 5 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 2 at a rate established under the applicable impact fee land use categories.

c.

Road impact fee district number 3 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 3 shall include all areas previously included within district number 4 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 3 at a rate established under the applicable impact fee land use categories.

d.

Road impact fee district number 4 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 4 shall include all areas previously included within district number 6 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 4 at a rate established under the applicable impact fee land use categories.

e.

Road impact fee district number 5 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 5 shall include all areas previously included within district number 9 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 5 at a rate established under the applicable impact fee land use categories.

f.

Road impact fee district number 6 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 6 shall include all areas previously included within district number 8 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 6 at a rate established under the applicable impact fee land use categories.

g.

Road impact fee district number 7 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 7 shall include all areas previously included within district number 11 created by Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed upon development located within road impact fee district number 7.

h.

Road impact fee district number 8 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix. B, attached hereto and incorporated by reference. Road impact fee district number 8 shall include all areas previously included within district numbers 7 and 10 created by Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed upon development located within road impact fee district number 8.

(5)

The board of county commissioners hereby establishes (or affirms) eight separate trust funds for the road impact fees to be designated as the "District Number 1 Road Impact Fee Trust Fund", "District Number 2 Road Impact Fee Trust Fund", "District Number 3 Road Impact Fee Trust Fund," "District Number 4 Road Impact Fee Trust Fund," "District Number 5 Road Impact Fee Trust Fund," "District Number 6 Road Impact Fee Trust Fund", "District Number 7 Road Impact Fee Trust Fund, and District Number 8 Road Impact Fee Trust Fund."

(6)

The monies deposited into the respective road impact fee trust funds shall be used solely to provide additions and improvement to the transportation network required to accommodate traffic generated by growth.

(f)

Impact fee rates. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in the road impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the county shall commence a three-year road impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of this chapter. During each of the two mid-years between updates, the county shall implement indexed adjustments to the cost components of design, utilities, mitigation, interchange, carrying cost, construction, engineering, inspection, the non-land components of right-of-way acquisition costs and the land value component of rights-of-way costs based on the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually and in accordance with the indexing methodology specified in the current and adopted road impact fee study.

(h)

Payment of road impact fees to obtain a certificate of adequate public facilities.

(1)

A 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 certificate of public facility adequacy is issued, thirty-three percent (33%) of the estimated payment 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).

(2)

Offsets for road impact fees assessed to building permits for impact fees paid in accordance with this subsection, will be applied equally to units or square footage and will run with the subject land.

(3)

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.

(i)

Payment of road impact fees related to mines/commercial excavation.

(1)

The payment of impact fees related to mines/commercial excavation may be paid annually over a five-year period with the first payment due upon issuance of the excavation permit for the subject site.

(2)

The first payment shall be calculated based on the volume of material to be excavated, as indicated on the excavation permit or site plan, times the adopted road impact fee rate for mines/commercial excavation in effect at the time of the application for the Conditional Use that was granted by the Board of County Commissioners, divided by five. Materials utilized for on-site purposes shall not be included in the calculation as they are not subject to the impact fee assessment. The remaining four payments shall be due annually within 5 business days of the anniversary of the first payment date.

(3)

Concurrent with the first payment, a temporary five-year certificate of public facility adequacy (COA) will be issued for the proposed excavation site. Upon payment of the full amount of impact fees calculated for the excavation permit the certificate will be issued in perpetuity.

(4)

Failure to submit payment in accordance with the provisions of this subsection will result in the matter being referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances, the temporary certificate of public facility adequacy (COA) shall be revoked. Revocation of the temporary certificate of public facility adequacy shall also result in revocation of the excavation permit or site plan approval for the subject site.

(5)

At any time prior to the final payment and issuance of the certificate of public facility adequacy (COA) in perpetuity, the applicant may provide documentation demonstrating that the actual volume of material to be transported from the site is less than the permitted amount. The documentation shall include signed and sealed volumetric drawings and back-up information that justifies the reduction to the sole satisfaction of the County. Upon approval by the county manager, the excavation permit or site plan will be modified by the applicant in accordance with the revised volume of material to be transported on the public roadway network. The impact fee calculation for the remaining payments will also be revised to reflect the revised volume of material to be transported from the site.

(Ord. No. 01-13, § 1; Ord. No. 02-66, § 1; Ord. No. 2006-19, § 2; Ord. No. 2007-29, § 2; Ord. No. 07-57, § 3; Ord. No. 2009-09, § 6; Ord. No. 2009-71, § 3; Ord. No. 2011-20, § 1)

Sec. 74-303. - Same—Water impact fee and/or sewer impact fee.

(a)

Short name. This section may be known as "Special Requirements for Water Impact Fee and/or Sewer Impact Fee".

(b)

Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of water and sewer impact fees. In addition, the board finds that the Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities such as water and sewer systems. The board has alternative, cumulative and supplemental authority to plan for and provide water and sewer systems under the laws of the State of Florida, including, but not limited to F.S. ch. 125, pt. II of Chapter 153, Chapter 164, and Chapter 380; Chapters 78-489 and 88-499, Laws of Florida, and Article 8 of the Constitution of the State of Florida. Collier County Land Development Regulations and Policies require persons to install, use, operate or employ interim water and/or sewer treatment facilities when such persons choose to develop lands in advance of the expansion of the regional sewer system within the district. Collier County Land Development Regulations and Policies require that owners of land connected to interim sewer facilities disconnect from such facilities and connect to the regional water and/or sewer system whenever the regional sewer system becomes available within the district. The board specifically finds that future growth within the non-excluded areas (as described in subsection 74-303(c)) should contribute its fair share to the cost of improvements and additions to the water and sewer facilities that are required to accommodate the use of such facilities within the nonexcluded areas.

(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 geographic areas described hereunder subject to the following condition: the imposition and collection 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:

a.

Those areas lying within the boundaries of the former Marco Water and Sewer District. Exclusion of the Marco Water and Sewer District recognizes that this area is not presently planned to be served by treatment capabilities of the regional water and/or regional sewer systems.

b.

Those areas lying within the boundaries of the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the regional water and/or regional sewer systems.

c.

The following exclusion of the geographic areas in Golden Gate Estates recognize that the nature of the previous development, the platting of these areas primarily into large residential tracts and the present zoning and constraints of the comprehensive plan have severely limited the density and use of these areas in such a manner as to make it economically impractical to serve most of these areas in the foreseeable future via the regional water and/or regional sewer systems or any other centralized water and/or sewer utility.

1.

Golden Gate Estates, Unit No. 1, Plat Book 4, Page 73, Public Records of Collier County, Florida.

2.

Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public Records of Collier County, Florida.

3.

Golden Gates Estates, Unit No. 3, Plat Book 4, Page 77, Public Records of Collier County, Florida.

4.

Golden Gates Estates, Unit No. 4, Plat Book 4, Page 79, Public Records of Collier County, Florida.

5.

Golden Gates Estates, Unit No. 26, Plat Book 7, Page 15, Public Records of Collier County, Florida.

6.

Golden Gates Estates, Unit No. 27, Plat Book 7, Page 17, Public Records of Collier County, Florida.

7.

Golden Gates Estates, Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida.

8.

Golden Gates Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier County, Florida.

9.

Golden Gates Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area.

10.

Golden Gates Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area.

11.

Golden Gates Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier County, Florida.

12.

Golden Gates Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida.

13.

Golden Gates Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida.

14.

Golden Gates Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida.

15.

Golden Gates Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida.

16.

Golden Gates Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida.

17.

Golden Gates Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida.

d.

Those areas lying within the Macro Shores, Unit 1, Sections 26 and 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page 34 of the Public Records of Collier County, Florida. Exclusion of the Marco Shores, Unit 1, recognizes that this area is not presently planned to be served by treatment capabilities of the regional water and/or regional sewer systems.

e.

Ridge Farms Subdivision (not platted) described as follows: Begin at Southeast corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence north 88 degrees 50 minutes 15 seconds east along the south line of said Section 6; thence north 0 degrees 13 minutes 20 seconds west along the east line of Section 6 a distance of 3044.40 feet to the east quarter corner; thence continuing north along said line a distance of 428.84 feet; thence leaving said east line north 88 degrees 40 minutes 58 seconds west, a distance of 1285.80 feet; thence south 1 degree 10 minutes 35 seconds east, a distance of 523.35 feet; thence south 0 degrees 00 minutes 00 seconds east, a distance of 137.19 feet; thence north 88 degrees 41 minutes 53 seconds west, a distance of 3959.46 feet to the east line of aforesaid Section 6; thence south 0 degrees 00 minutes 00 seconds east along said east line a distance of 3038.77 feet to the point of beginning. Said described tract contains 371.460 acres, more or less. More generally described as those properties adjacent to or abutting Hunters Road, Livingston Road, and Daniels Road.

f.

Areas North of Radio Road located within Section 31, Township 49 South, Range 26 East, Collier County, Florida, generally described as those properties adjacent to or abutting San Marco Boulevard, St. Clair Shores Road, Owen Lane, and Family Circle Lane.

g.

All of Section 8, Township 50 South, Range 26 East (excluding Falling Waters); Parts of Section 9, Township 50 South, Range 26 East; Parts of Section 16, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; and Part of Section 7, Township 50 South, Range 26 East all of Collier County, Florida; more specifically described as those properties adjacent to or abutting Heritage Trail, Unity Way, Cope Lane; Crews Road, County Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd., Sandy Lane Adkins Avenue, Everett Street, Polly Ave., Wendy Lane, Landsdale Lane and Cynthia Way.

h.

Those areas lying within the Key Marco Community Development District. Exclusion of the Key Marco Community Development District recognizes that this area is outside the county water-sewer district.

i.

All those areas lying within the county water and wastewater authority certificated areas of Florida Cities Water Company, and Florida Water Services Corporation (formerly known as Southern States Utilities, Inc.), or their successors or assigns, located within Collier County, Florida. (The only exceptions to this provision to provide service within these certificated areas may exist when the parties enter into a written agreement for water service to be provided by the county.)

j.

All those areas located within the City of Naples service areas as described in the October, 1977 city/county agreement and amendments thereto, or other geographic areas within the City of Naples that are not served by the county with the respective water and/or waste water service.

k.

Area of CR951 and US41: One mile sections that run west of the Collier County water-sewer district boundary described as follows: All of Section 36, Township 49 South, Range 26 East; All of Sections 1, 11, 14, 23, 26 and 35, Township 50 South, Range 26 East; All of Section 2, Township 51 South, Range 26 East; Parts of Sections 1, 11, and 12, Township 51 South, Range 26 East; Parts of Sections 7, 8, 16, 17, 18, 20, 21, 22, and 27, Township 51 South, Range 27 East, all of Collier County, Florida.

l.

Parker Hammock Subdivision (not platted) as described as follows: Located within Section 16, Township 50 South, Range 26 East, Collier County, Florida, generally described as those properties adjacent to or abutting the north side of Rattlesnake Hammock Road, east of Shadow Wood Villas and west of Huntington Woods; shown on property appraiser tax map as Lot 13 through Lot 44.

m.

Any and all portions of Sections 13, 14, 15, 16, 20, 21, 22, 27, and 28, Township 49 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Section 24, Township 49 South, Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Section 31, Township 50 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 3, 4, 10, and 11, Township 51 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 34 and 35, Township 50 South, Range 25 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 1, 2, 3, 11, 12, 13, 14, 23, and 24, Township 51 South, Range 25 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 7, 17, 18, 19, and 20, Township 51 South, Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 34, 35, and 36, Township 47 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 1, 2, and 3, Township 48 South, Range 27, East within the Collier County Water-Sewer District boundaries.

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 1, 2, 3, 4, 10, 11, 12, 24, Township 52 South, Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 20, 21, 22, 28, 29, 30, 31, 32, Township 52 South, Range 27 East within the Collier County Water-Sewer District boundaries.

o.

Any and all portions of Sections 09, 16, 22, 25 and 36, Township 48 South, Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 12, 13, 24 and 25, Township 50 South, Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 19 and 30, Township 50 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 13 and 24, Township 51 South, Range 26 East within the Collier County Water-Sewer District boundaries.

(2)

Areas generally excluded from the imposition of only the sewer component of the water and sewer impact fee: The exclusions set forth below are not absolute; lands lying within the excluded areas which are either required to connect or request connection to the regional sewer system, or which otherwise create a growth necessitated demand upon the regional sewer 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 excluded:

a.

Those areas lying within the Pine Ridge Subdivision as shown in Plat Book 3, Page 24, Public Records of Collier County, Florida.

b.

Exclusion of the following areas in Pine Ridge Subdivision, Pine Ridge Extension, and Pine Ridge Second Extension recognizes that the nature of the previous development, the platting of these areas primarily into large residential tracts and the present zoning and constraints of the comprehensive plan have severely limited the density and use of these areas in such a way as to make it economically impractical to serve most of these areas in the foreseeable future via the regional water and/or regional sewer systems or any other centralized water or centralized sewer utility.

1.

Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida.

2.

Pine Ridge Extension, Plat Book 4, Page 29, Public Records of Collier County, Florida.

3.

Pine Ridge Second Extension, Plat Book 10, Page 86, Public Records of Collier County, Florida.

4.

Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier County, Florida.

c.

Coconut Creek, Unit 1, according to Plat Book 1, Page 108, Public Records of Collier County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public Record of Collier County, Florida; Coconut Creek, Unit 3, Plat Book 3, Page 48, Public Records of Collier County, Florida; Westview Plaza, Plat Book 13, Page 50, Public Records of Collier County, Florida; more specifically described as those properties adjacent to or abutting Lorraine Road, Kathy Street, Gail Boulevard, Esther Street, Donna Road, Westview Drive, and on North Road.

d.

Four Seasons, according to Plat Book 10, Page 95, Public Records of Collier County, Florida; and Four Seasons Unit 2, according to Plat Book 12, Page 6, Public Records of Collier County, Florida.

e.

Quail Woods (previously known as Edgewild), according to Plat Book 13, page 44, Public Records of Collier County, Florida; more specifically described as all single family lots adjacent to or abutting "The Lane."

f.

Tall Pines, according to Plat Book 12, Page 70, Public Record of Collier County, Florida;

g.

Isle of Capri No. 1, according to Plat Book 3, Page 41, Public Records of Collier County, Florida; Isle of Capri No. 2, according to Plat Book 3, Page 46, Public Records of Collier County, Florida; Isle of Capri No. 3, according to Plat Book 3, Page 66, Public Records of Collier County, Florida; Isle of Capri Business Section, according to Plat Book 3, Page 52, Public Records of Collier County, Florida and any and all portions of Government Lot 1, Section 6, Township 52 South, Range 26 East developed as part of Isles of Capri, but which is not included in Isles of Capri No. 1, Plat Book 3, Page 41, Public Records of Collier County, Florida.

(3)

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 County, 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 (10) 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.1.k. of Ordinance 2001-13. Any and all portions of Sections 11 and 12, Township 51 South, Range 26 East within the Collier County Water-Sewer District boundaries, as referenced in Section 74-303 C.1.k. Ordinance 2001-13. Any and all portions of Section 20, Township 51 South, Range 27 East within the Collier County Water-Sewer District boundaries, as referenced in Section 74-303 C.1.k. of Ordinance 2001-13.

(d)

Payment.

(1)

For purposes of the water and sewer impact fees, development shall be subject to the payment of impact fees under this section 74-303, upon the first occurrence of any of the following:

a.

Subject to subsection 74-201(d)(4), whenever any building or use which has not previously paid the applicable water and/or sewer impact fees under this chapter, or any predecessor ordinance in function, connects to the regional sewer system and/or the regional water system;

b.

Any building or use is connected, or interim water and/or sewer systems, is connected either directly or indirectly, to the regional water system and/or regional sewer system; or

c.

Whenever (i) any person applies for a building permit to construct (or place or install) a building or utilize a use or development improvement within the boundaries of the county water-sewer district, even though the subject lands are then receiving (or may in future receive) interim water and/or sewer services from a source other than the county water-sewer district, or (ii) do not then request any such service but are located in a place where it is physically possible to effect a physical interconnection with the respective regional water-sewer district's facilities. This last provision is to preclude the possibility of unauthorized interconnections without first paying to the county all then applicable water and/or sewer impact fees.

d.

Whenever a person applies for a building permit to alter an existing building, use or applicable improvement then connected to the regional water system and/or regional sewer system, if such alterations increase the demand or the potential demand on the regional water system and/or regional sewer system.

(2)

Subject to availability of funds, the county may enter into agreements to extend payment (offer installment payments) of water and/or sewer systems impact fees and associated costs over a period not to exceed seven years with owners of then existing buildings, structures or applicable improvements which are mandated to connect to the regional water and/or regional sewer systems. Prior to the county entering into any agreements to extend payments, and from time-to-time thereafter, the board shall identify a specific source of funds to be used relative to providing extended payment and the cost of such funds, including all expenses and costs incidental to obtaining or providing same, including interest at the interest rate that the board or the public utilities administrator will employ in offering extended payment with interest, and a reasonable estimation of the administrative costs of expenses associated with administering the extended payment alternative to the respective land(s).

a.

The county shall only enter into agreements to extend installment payment of the water and/or sewer systems impact fees and associated costs with owners of then existing buildings, structures or applicable improvements, mandated to connect to the regional water and/or regional sewer systems.

b.

The amount of payment, including any title verification expenses and a reasonable estimation of the cost and expense associated with providing an extended payment alternative, shall be paid in equal monthly payments with an annual interest rate as determined by the state comptroller's office. State document stamp and recording fees will be upfront costs borne by the owner and shall be paid in full at the time the extended payment agreement is executed. The interest rate charged shall be representative of the county's cost of funds, including all expenses or costs incidental to obtaining or providing same, if any. The interest charged should be adjusted during January of any calendar year in accordance with the then applicable ordinance (currently Ordinance No. 96-17 and No. 96-18) and shall be based on the county's cost of funds for the immediately preceding fiscal year. Failure to make such an adjustment in any given January shall not preclude retroactive adjustments of such interest rates.

c.

With the exception of the approval and execution of agreements, or an aggregation of related agreements, with a face amount in excess of $6,000.00, the board hereby delegates to the public utilities administrator the power and authority to enter into, modify, and release such extended payment agreements in conformance with the provisions of this chapter. The standard form agreement, and any other associated documentation, shall be in a form approved by the board and acceptable to the county attorney. No such standard form agreement shall be modified unless, in the opinion of the county attorney, there then exists a compelling reason to do so. Each such agreement shall be recorded in the official records upon approval of the public utilities administrator.

d.

For an agreement, or an aggregation of related agreements, to extend payment of impact fees and associated costs with a face amount in excess of $6,000.00, the county shall require the procedure and documentation for extending payments to substantially and reasonably conform to generally accepted and reasonably applicable commercial lending practices, including but not limited to the requirement for acceptable personal guarantees from one or all of the owners (or individuals owning a beneficial interest therein. At its sole option the county may contract with outside counsel or a servicing agent to prepare such documentation and to advise the county relative to conformance with generally accepted commercial lending practices and the costs of same shall be borne by the owner.

e.

Upon satisfactory payment of all principal, interest, and associated costs under an extended payment agreement, the county shall execute a satisfaction of lien and record same in the official records of the county. A copy of the recorded satisfaction of lien will be mailed (to the mailing address provided to the county by the other contracting party) by regular U.S. mail to the record owner within 60 days from receipt of full payment.

f.

In recognition that the payment of the water and/or sewer systems impact fees for then existing mobile home park or rental housing will generally, in some manner, be passed through to the occupants by an owner, and in recognition that if such pro-rata impact fee pass-through is collected as one single payment by the owner, that such a pass-through may cause financial hardship on these occupants, the board, in its sole discretion, may require the owner to covenant and agree, for the benefit of all affected persons, to pass through entirely and on the same terms all the benefits of any extended payment of the impact fees to the affected persons.

g.

Water and wastewater (sewer) impact fees for individually metered water and/or sewer service to residential use of less than 5,000 square feet living space and which will have less than five toilets shall have an ERC value of one. master metered service to residential use of less than 5,000 square feet living space and having less than five toilets shall be determined by the specific impact fee value assigned by Appendix A, Schedule Two, Individually metered service and master metered service to non-residential uses, or to residential use having living area of 5,000 square feet or more, or service to residential use having less square footage but having five or more toilets, shall be determined by the ERC value that results from projected average daily flows. Projected average daily flows for residential use of 5,000 square feet living area or more, or to have more than four toilets, shall be determined by applying applicable provisions in the then current edition of the Florida Plumbing Code. Projected average daily flows for non-residential uses shall be determined by calculating the applicable provisions in the then current edition of the Florida Plumbing Code compared with the applicable provisions in the then current editions of the Florida Administrative Code. The correct average daily flows for non-residential uses shall be the greater of the Florida Plumbing Code calculation or the Florida Administrative Code calculation. The Public Utilities Administrator or authorized designees shall have final approval authority with regard to these impact fee calculations.

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The water and sewer impact fee rate schedule incorporated in schedule 2 is hereby adopted and the water and sewer impact fees established in the water and sewer impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle water and sewer impact fee rate indexing. Beginning January 1, 2005, the county shall commence a three-year water and sewer (wastewater) impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of this article. In each of the two mid-cycle years (between the formal three-year updates) the county shall implement indexing adjustments to each water and sewer impact fee amount by the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the index stated in the board resolution (or ordinance) that implements that indexing. Water and sewer impact fees shall be increased by indexing only to the extent that increases resulting from indexing exceed the assumed inflation rate used to calculate the then applicable impact fees.

(Ord. No. 01-13, § 1; Ord. No. 01-54, § 9; Ord. No. 04-79, § 1; Ord. No. 2006-26, § 5; Ord. No. 07-52, § 1; Ord. No. 07-57, § 4; Ord. No. 2009-64, § 1; Ord. No. 2012-03, § 1)

Sec. 74-304. - Same—Parks and recreation impact fee.

(a)

Short name. This section may be known as "Special Requirements for Parks and Recreation Impact Fee".

(b)

Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of parks and recreation impact fees.

(c)

Limitation on applicability. See section 74-103

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The parks and recreation impact fee rate schedule incorporated in schedule 3 is hereby adopted and the parks and recreation impact fees established in the parks and recreation impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle parks and recreational facilities impact fee rate indexing. Collier County Resolution No. 2002-304, adopted June 25, 2002, established a parks and recreational facilities impact fee rate schedule three-year update program, which commenced on June 25, 2002, pursuant to subsections 74-201(b) and 74-502(a) of this chapter. During each of the two mid-years between updates, the county shall implement indexing adjustments to each park impact fee amount based upon the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted parks and recreation impact fee study.

(Ord. No. 01-13, § 1; Ord. No. 02-66, § 2; Ord. No. 2006-10, § 2; Ord. No. 07-57, § 5)

Sec. 74-305. - Same—Library impact fee.

(a)

Short name. This section may be known as "Special Requirements for Library Impact Fee".

(b)

Purpose. The purpose of this section is to tailor the general common requirements of the chapter to the specific requirements of library impact fees.

(c)

Limitation on applicability. See section 74-103

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The library impact fee rate schedule incorporated in schedule eight is hereby adopted and the library impact fees established in the library impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle library impact fee rate indexing. Beginning on May 1, 2004 the county shall commence a three-year library system impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of the Code. During each of the two mid-years between updates, the county shall implement adjustments based upon the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oilver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted library impact fee study.

(Ord. No. 01-13, § 1; Ord. No. 04-21, § 2; Ord. No. 2006-18, § 2; Ord. No. 07-57, § 6)

Sec. 74-306. - Same—Emergency medical services impact fee.

(a)

Short name. This section may be known as "Special Requirements for Emergency Medical Services Impact Fee".

(b)

Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of emergency medical services impact fees.

(c)

Limitation on applicability. See section 74-103

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The emergency medical services impact fee rate schedule incorporated in schedule 7 is hereby adopted and the emergency medical services impact fees established in the emergency medical services impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle emergency medical services impact fee rate indexing. Beginning on February 28, 2006 the county shall commence a three-year emergency medical services impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of the Code. In each of the two mid-cycle years (between the formal three-year updates) the county shall implement adjustments to the emergency medical services impact fee rates based upon the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted emergency medical services impact fee study.

(Ord. No. 01-13, § 1; Ord. No. 2006-09, § 3; Ord. No. 07-57, § 7)

Sec. 74-307. - Same—Educational facilities impact fee.

(a)

Short name. This section may be known as "Special Requirements for Educational [Facilities] Impact Fee".

(b)

Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of educational impact fees. In addition, the board recognizes that the school board policy is that the improvements and additions to the educational system required to accommodate future growth shall be funded by the revenue derived from the impact fees as well as by existing revenue sources, therefore credit shall be given for tax revenue sources which have been utilized in prior years for the funding of educational system improvements or additions. In the event that this policy is altered by the subsequent action of the school board, or if additional revenue is received and committed to necessitated improvements and additions of the educational system, the impact fee shall be adjusted at the periodic review required herein and credit shall be given for any revenue which has been utilized for growth-required improvements and additions to the educational system.

(c)

Limitation on applicability. See section 74-103

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The educational facilities impact fee rate schedule (schedule) established in schedule 6 is hereby adopted by reference to the schedule. The educational impact fee rate to be imposed on any development is the rate established in the then adopted schedule as such rate may be set forth for a certain impact fee land use category, and as such rate in the schedule may, from time to time, be amended. Notwithstanding any other provision of this chapter, educational impact fees will be imposed on individual sites in recreational vehicle parks at the same rate as may then apply to mobile home sites, unless the schedule, as now adopted, or as may hereafter be amended, provides otherwise.

(g)

Annual mid-cycle educational facilities impact fee rate indexing. Beginning on May 9, 2006, the county shall commence a three-year educational facilities impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of this chapter. During each of the two mid-years between updates, the county shall implement adjustments based upon the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted educational facilities impact fee study.

(Ord. No. 01-13, § 1; Ord. No. 2006-21, § 2; Ord. No. 07-57, § 8)

Sec. 74-308. - Same—Correctional impact fee.

(a)

Short name. This section may be known as "Special Requirements for Correctional Impact Fee."

(b)

Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of correctional impact fees.

(c)

Limitation on applicability. See section 74-103

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The correctional impact fee rate schedule incorporated in schedule 4 is hereby adopted and the correctional impact fees established in the correctional impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle correctional impact fee rate indexing. Beginning on November 1, 2005, the county shall commence a three-year Correctional Impact Fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of the Code. In each of the two mid-cycle years (between the formal three-year updates) the county shall implement adjustments to the correctional impact fee rates based upon the building cost index percentage set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted correctional impact fee study.

(Ord. No. 01-13, § 1; Ord. No. 2005-47, § 4; Ord. No. 2006-15, § 1; Ord. No. 07-57, § 9)

Sec. 74-309. - Same—Fire impact fee.

(a)

Short name. This section may be known as "Special Requirements for Fire Impact Fee."

(b)

Purpose.

(1)

The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of fire impact fees.

(2)

The board specifically finds that future growth within the Isles of Capri Fire District and the Ochopee Fire District should contribute its fair share to the cost of improvements and additions to the fire facilities that are required to accommodate the use of such facilities within the districts.

(c)

Limitation on applicability. Notwithstanding the general applicability provisions set forth in section 74-103, fire impact fees shall be limited as follows:

(1)

For purposes of the fire impact fees, development shall include only development on lands within the Isles of Capri Fire District and the Ochopee Fire District as described below.

(2)

The fire impact fee shall provide funds only for off-site improvements to fire facilities within the fire impact fee district where the development is located.

(3)

The board of county commissioners hereby establishes the following fire impact fee districts:

a.

Isles of Capri Fire District: Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34 of Township 51 South, Range 26 East, and those portions of Sections 4, 5, and 6 of Township 52 South, Range 26 East, which lie north of the Marco River.

b.

Ochopee Fire District: All of Township 50S of Range 34E; Township 51S of Range 34E; Township 52S of Range 34E; Township 53S of Range 34E; Township 50S of Range 33E; Township 51S of Range 33E; Township 52S of Range 33E; Township 53S of Range 33E; Township 50S of Range 32E; Township 51S of Range 32E; Township 52S of Range 32E; Township 53S of Range 32E; Township 50S of Range 31E; Township 51S of Range 31E; Township 52S of Range 31E; Township 53S of Range 31E; Township 50S of Range 30E; Township 51S, Range 30E; Township 52S, Range 30E; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and that portion of Chokoloskee Island contained in Sections 30 and 31, Township 53S, Range 30E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, Township 52S, Range 29E; Sections 1, 2, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 35, and 36, Township 52S, Range 29E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and 36, Township 53S, Range 29E; including the incorporated area of the city of everglades being more particularly described as the Town of Everglades as described in Plat Book 1, pages 87-95 of the Public Records of Collier County, Florida; and including Sections 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, and 24, Township 52S, Range 28E; Sections 35 and 36 and all that area south and east of State Road 92 within Section 34, Township 51S, Range 27E; Section 1, Township 52S, Range 27E.

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The fire impact fee rate schedule incorporated in schedule 5 is hereby adopted and the fire impact fees established in the fire impact fee rate schedule are hereby imposed on all development as required in this ordinance at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle fire impact fee rate indexing. Beginning on February 28, 2006, the county shall commence a three-year fire impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of the Code. In each of the two mid-cycle years (between the formal three-year updates) the county shall implement adjustments to the fire impact fee rates based upon the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted fire impact fee study.

(Ord. No. 01-13, § 1; Ord. No. 2006-10, § 3; Ord. No. 07-57, § 10)

Sec. 74-310. - Same—General government building impact fee.

(a)

Short name. This section may be known as "special requirements for the general government building impact fee."

(b)

Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of general government building impact fees.

(c)

Limitation on applicability. See section 74-103

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The general government building impact fee rate schedule incorporated in Schedule Nine is hereby adopted and the general government building impact fees established in the general government building impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories subject to the following limitations:

(1)

That for one-year from [the effective date of this ordinance] the rates set forth in the then currently adopted general government building impact fee rate schedule shall be applied at 75 percent of the then applicable rate;

(2)

That for one year following the one-year period in (1) above, the fee to be applied will be 85 percent of the then applicable rate; and

(3)

That at the end of the time period set forth in (2) above, and thereafter, the rate to be applied will be 100 percent of the then applicable rate.

(g)

Annual mid-cycle general government building impact fee rate indexing. Beginning February 10, 2004, the county shall commence a three-year general government building impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of this chapter. During each of the two mid-years between updates, the county shall implement adjustments based upon the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted general government building impact fee study.

(Ord. No. 04-16, § 9; Ord. No. 2006-40, § 3; Ord. No. 07-57, § 11)

Sec. 74-311. - Special requirements for law enforcement impact fee.

(a)

Short name. This section may be known as "Special Requirements for Law Enforcement Impact Fee."

(b)

Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of law enforcement impact fees.

(c)

Limitation on applicability. The collection and expenditure of law enforcement impact fees shall be limited to the unincorporated area of Collier County and the incorporated area of the City of Everglades.

(d)

Payment. See section 74-202

(e)

Use of funds. See section 74-203

(f)

Impact fee rates. The law enforcement impact fee rate schedule incorporated in schedule ten is hereby adopted and the law enforcement impact fees established in the law enforcement impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories.

(g)

Annual mid-cycle law enforcement impact fee rate indexing. Beginning June 14, 2005, the county shall commence a three-year law enforcement impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of this article. In each of the two mid-cycle years (between the formal three-year updates) the county shall implement adjustments based upon the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Inc., in association with Robert W. Burchell, Ph.D., as updated annually, and in accordance with the indexing methodology specified in the current and adopted law enforcement impact fee study.

(Ord. No. 2005-28, § 8; Ord. No. 07-57, § 12)

Secs. 74-312—74-400. - Reserved.