§ 10.02.07. Requirements for Certificates of Public Facility Adequacy

A.

Generally. This section applies to any use or development that generates additional impacts or demands on public facilities. This section ensures that adequate public facilities are available and no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development , including but not limited to the Transportation Concurrency Management System and the Public School Facilities Concurrency .

B.

Exemptions. The following are exempt from this section:

1.

All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where:

a.

Development conditions or stipulations applicable to concurrency , or the provision of adequate public facilities concurrent with the impacts of development , exist in the DRI development order , or

b.

Substantial deviations are sought for a DRI development order . (This section applies only to those portions of the development for which the deviation is sought);

c.

The county demonstrates pursuant to F.S. § 380.06 that substantial changes in the conditions underlying the approval of the development order have occurred or the development order was based on substantially inaccurate information provided by the developer or that the application of this section to the development order is clearly established to be essential to the public health, safety and welfare; or

d.

The new requirements would not change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order .

2.

Construction of public facilities that is consistent with the Collier County Growth Management Plan.

3.

Temporary construction and development permits and any subsequent renewals.

4.

Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the Growth Management Plan.

5.

Temporary use permits and any subsequent renewals.

6.

For public school facilities, the following shall be exempt from the terms of this section.

a.

Single family and mobile home lots of record, existing as of October 14, 2008, the effective date of the public school concurrency agreement under the 2008 Interlocal Agreement between Collier County and the District School Board of Collier County.

b.

Any new residential development that had a final subdivision plat or site development plan approval as of the effective date of school concurrency , October 14, 2008.

c.

Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single family to multi-family ).

d.

Age-restricted communities with no permanent residents under the age of 18 years. Exemption of an age-restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older.

e.

All new residential subdivision plats and site development plans or amendments to previously approved residential development orders , which are calculated to generate less than 1 student.

f.

Development that has been authorized as a Development of Regional Impact (DRI) pursuant to Ch. 380, F.S. as of July 1, 2005.

7.

Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations and have a determination of vested rights for a certificate of public facility adequacy in accordance with LDC section 9.02.00.

C.

Certificate of Public Facility Adequacy (COA) for Roadways.

1.

Applicability. The issuance of a COA for roadways shall demonstrate proof of adequate roadways to serve the development approved by the development order.

2.

Issuance of a COA for roadways.

a.

A COA for roadways may be issued subsequent to estimated road impact fee payment pursuant to LDC section 10.02.07 C.5. and only with the approval of one of the following:

i.

A final subdivision plat and amendments thereof;

ii.

A final approved site development plan or site improvement plan and amendments thereof;

iii.

A building permit or mobile home tie-down permit issued by the County; or

iv.

Pursuant to the terms of an enforceable development agreement with Collier County pursuant to the provisions of F.S. § § 163.3220 -163.3242 or other agreement acceptable to the Board of County Commissioners, in conjunction with the approval of a development order and/or a certificate of public facility adequacy.

3.

Exceptions. Non-residential developments (i.e. commercial or industrial) otherwise required to obtain approval of a site development plan prior to the issuance of a building permit or applicants for a final subdivision plat may elect to:

a.

Comply with the applicable regulations of this section as to one or more of the lot(s) of the final subdivision plat and obtain a COA specifically for just that lot or lots at a specified intensity of development ; or

b.

Delay submitting a Transportation Impact Statement (TIS) and obtaining a COA for all of the proposed lots, or just those remaining lots not then already complying with this section, until a required site development plan is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. However, the subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes until approval of a TIS, payment of estimated Transportation Impact Fees in accordance with this subsection, and issuance of a COA in accordance with Chapters 3, 6, and 10 of the LDC.

4.

One year Traffic Capacity Reservation.

a.

At the time of TIS approval by the Engineering Services Director or designee a 1 year Traffic Capacity Reservation shall be set aside and allocated by the County Manager or designee for the proposed development pending the approval of the final local development orders identified in LDC section 10.02.07 C.2.a.

b.

Following approval of a final local development order identified in LDC section 10.02.07 C.2.a, the estimated roadway impact fees shall be paid within 1 year of the TIS approval to secure the COA.

c.

Failure to pay the estimated roadway impact fees following the approval of a final local development order identified in LDC section 10.02.07 C.2.a. within the 1 year of Traffic Capacity Reservation shall require the applicant to re-apply for a COA.

d.

If a final local development order identified in LDC section 10.02.07 C.2.a. is not approved within 1 year of the TIS approval date, the applicant may petition the Board of County Commissioners to extend the Traffic Capacity Reservation for 1 year.

5.

Roadway Impact Fee Payment.

a.

Estimated Roadway Impact Fee. In order to obtain a COA the applicant shall pay the estimated road impact fees in accordance with Code of Laws and Ordinances Chapter 74-302(h) which identifies the amount and the timing of roadway impact fee payments.

b.

Final Payment of Roadway Impact Fee. Following the estimated roadway impact fee payment, all remaining roadway impact fees shall be paid in accordance with the Code of Laws and Ordinances section 74-302(h)(1).

c.

Roadway impact fees paid to obtain a COA are non-refundable after payment and issuance.

D.

Process for Certificate of Public Facility Adequacy for Roadways.

1.

Process. The Administrative Code shall establish the procedures and submittal requirements for obtaining a COA.

a.

An application for a COA for roadways shall be submitted in conjunction with a final local development order identified in LDC subsection 10.02.07 C.2.a.

b.

Application fees for a COA shall be in an amount determined by the Board of County Commissioners and shall accompany the application. An application shall not be deemed complete until the application fees have been paid.

2.

Assignability and transferability.

a.

An approved certificate of public facility adequacy shall run with the land associated with the corresponding development approval. A certificate of public facility adequacy shall be assignable within the corresponding land of the approved development , and shall not be assignable or transferable to other development , except as may otherwise be provided for under an approved development agreement . This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request by the then current owner to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate.

b.

In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred in accordance with Code of Laws and Ordinances section 74-203 (b). The COA shall be modified to reflect the built-out development.

c.

In the event that the estimated transportation impact fees are 100% paid for all development identified in the COA and such estimate exceeds the projected calculation of the required transportation impact fees, the remaining balance may be transferred to another approved project within the same, or adjacent , transportation impact fee district.

3.

Appeal of public facilities determination. Appeals shall be consistent with Code of Laws and Ordinances section 250-58.

E.

Issuance of a Certificate of Public Facility Adequacy (COA) for Non-Roadway public facilities.

1.

Non-Roadway Impact Fee Payment. Non-roadway impact fees shall be in accordance with Code of Laws and Ordinances section 74-302.

2.

Non-Roadway Impact Fee Process. A COA for all non-roadway "Category A" capital improvements is deemed applied for concurrent with the building application and shall be issued simultaneously with the issuance of the building permit.

3.

Appeal of public facilities determination. Appeals shall be consistent with Code of Laws and Ordinances section 250-58.

F.

Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy if the State of Florida adopts legislation to ban the collection of impact fees. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for the following public facility components:

1.

Potable water facilities.

a.

The potable water component shall be granted if any of the following conditions are met:

i.

The required public facilities are in place at the time a final site development plan , final subdivision plat or building permit is issued.

ii.

The required public facilities are under construction at the time a final site development plan , final subdivision plat or building permit is issued.

iii.

The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of the LDC section 10.02.07, above.

2.

Sanitary sewer facilities and solid waste facilities.

a.

The sanitary sewer component shall be granted if any of the following conditions are met:

i.

The required public facilities are in place at the time a final site development plan , final subdivision plat or building permit is issued.

ii.

The required public facilities are under construction at the time a final site development plan , final subdivision plat or building permit is issued.

iii.

The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of sections i. and ii.

3.

Drainage facilities . The drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the Environmental Services Division that meets the LOS for capital drainage facilities defined in LDC section 6.02.01 D.

4.

Park and recreation facilities.

a.

The parks and recreation component shall be granted if any of the following conditions are met:

i.

The required public facilities are in place at the time a final site development plan , final subdivision plat or building permit is issued.

ii.

The required public facilities are under construction at the time a final site development plan , final subdivision plat or building permit is issued.

iii.

The required public facilities are the subject of a binding contract executed for the construction of those public facilities, which provides for the commencement of actual construction within 1 year of issuance of a final site development plan , final subdivision plat or a building permit .

iv.

The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of sections i., ii., and iii. above.

5.

Public school facilities. The determination of public facility adequacy for school facilities shall occur only after the School District has issued a school capacity availability determination letter (SCADL) verifying that capacity is available to serve the development . Public facility adequacy for school facilities shall be granted if any of the following conditions are met.

a.

The necessary facilities and services are in place at the time a final site development plan or final subdivision plat is approved;

b.

The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties, at the time a final site development plan or final subdivision plat is approved;

c.

The necessary facilities and services are found in the first, second or third year of the School District of Collier County's Five-Year Capital Improvement Plan; or

d.

The necessary facilities and services are subject of a development agreement to contribute proportionate share funding as provided for in Policy 2.4 in the Public School Facilities Element of the Growth Management Plan or to construct the needed facilities.

(Ord. No. 05-27, § 3.XX; Ord. No. 06-63, § 3.TT; Ord. No. 08-63, § 3.MM; Ord. No. 10-23, § 3.SS; Ord. No. 12-38, § 3.II; Ord. No. 13-56, § 3.OO; Ord. No. 15-44, § 3.L)