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 Collier County
 Code of Ordinances
 Chapter 74. IMPACT FEE REGULATIONS
 Article I. GENERAL

  § 74-104. Findings.  

Latest version.

  • It is hereby ascertained, determined and declared:

    (1)

    The Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities and services.

    (2)

    Development necessitates additional specified public facilities and such development must contribute its fair share toward the costs of funding improvements and additions to such specified public facilities.

    (3)

    Implementation of the impact fee to require future development to contribute its fair share of the cost of improvements and additions to the specified public facilities is an integral and vital element of the regulatory plan of growth management by the county.

    (4)

    The level of service standards for the public facilities as adopted in the Collier County Comprehensive Plan, the Water Master or Wastewater Master Plan, or an adopted Impact Fee Study, as may hereafter be amended from time to time are controlling upon this chapter and are incorporated throughout this chapter.

    (5)

    Capital planning is an evolving process and the level of service standards for the public facilities constitutes a projection of anticipated need for public facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the board that the level of service standards for the public facilities and the impact fee imposed should be reviewed and adjusted periodically, pursuant to section 74-502 herein, to try to insure that the impact fees are imposed equitably and lawfully and are based upon actual and anticipated growth at the time of their imposition.

    (6)

    The imposition of the impact fee is to provide a source of revenue to fund the construction or improvement of the public facilities necessitated by growth.

    (7)

    The Board finds that the specified public facilities benefit all residents of the county and, therefore, the impact fee shall be imposed in all areas of the county, including throughout the unincorporated area and also within municipal boundaries to the extent specified in this chapter.

    (8)

    This chapter is not intended to, and shall not be construed to, permit the collection of impact fees from development in excess of the amount reasonably anticipated to offset the reasonably allocated demand on each of the specified public facilities generated by the respective development.

    (9)

    All improvements and additions to the specified public facilities needed to eliminate any deficiency between the existing level of service of the specified public facilities and the adopted level of service standards, shall be funded by revenues other than impact fees. Therefore, the revenue derived from the impact fee shall be utilized only for capital improvements and additions to the public facilities which are reasonably determined to be caused by the impacts of new development.

(Ord. No. 01-13, § 1, 3-13-01; Ord. No. 01-54, § 1, 10-9-01; Ord. No. 04-16, § 4)