§ 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 a certificate of occupancy or certificate of completion for 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; Ord. No. 2014-04, § 5)