Ordinance 2002-58 ORDINANCE NO. 2002 - 5__~.8
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AM
CHAPTER 74 OF THE COUNTY S'" CODE OFLAW ~
ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE
COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE),
PROVIDING FOR MORE WIDELY DEFINED ELIGIBILITY
CRITERIA FOR IMPACT FEE DEFERRALS FOR RENTAL
DWELLING UNITS, TO INCLUDE MODULAR HOMES AND
MOBILE HOMES; PROVIDING FOR INCLUSION IN THE COD..~
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 200~3., the
"Collier County Consolidated Impact Fee Ordinance," which is Chapter 7~20f
County's Code of Laws and Ordinances, which repealed and superceded, ~.~j~ei~.~
entirety, all of the County's previous impact fee regulations; and
WHEREAS, Ordinance No. 2001-13, as amended by Ordinance No. 2002-34,
which was adopted by the Board on June 25, 2002, set forth the County's current
Affordable Housing provisions; and
WHEREAS, alternative construction methods for workforce housing, such as
modular homes and mobile homes, are increasingly being utilized in Collier
County due to affordability and recent improvements in quality of construction;
and
WHEREAS, such alternatively constructed homes are often available as rental
dwelling units; and
WHEREAS, Ordinance No. 2001-13, as amended, provides for impact fee
deferrals for rental dwelling units for up to six years and nine months; and
WHEREAS, the Board desires that impact fee deferrals for quality-built rental
dwelling units be available to the widest possible array of eligible applicants.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Subsection D in Section 74-401of the Collier County Code of
Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended
to read as follows:
Section 74-401. Impact Fee Waiver or Deferral.
D. Deferred Impact Fees for rental dwelling units, including any Multi-
family Dwelling Units, Single-Family Detached Houses, Modular Homes (also
known as residential manufactured buildings) and Mobile Homes (also known as
manufactured homes) as defined in Section 74-108 of this Chapter, shall in all
events be due and payable not later than six (6) years and nine (9) months after
the execution of the impact fee deferral agreement by the County. Such fees
shall be accelerated and automatically be due and payable prior to that time
period if there is any breach of the subject Impact Fee Deferral Agreement by the
non-County party.
1. To be eligible for impact fee deferral, a rental modular home
shall meet, as a minimum, the then current standards of Chapter 553, Florida
Statutes for homeownership or rental, and shall bear the Department of
Community Affairs Insignia seal certifying that the structure is in compliance with
the Florida Manufactured Buildinqs Act of 1979, as amended or superseded.
2. To be eliqible for impact fee deferral, a rental mobile home
shall be constructed to then applicable standards promulgated by the United
States Department of Housing and Urban Development (HUD) and shall bear a
two (2) inch by four (4) inch metal, rectangular red and silver certification label on
each section of the home certifying that the home has been inspected in
accordance HUD requirements and has been constructed in conformance with
federal manufactured home construction and safety standards in effect on the
date of manufacture.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any other applicable law, the more restrictive shall apply. If any
phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinances may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be
Department of State.
effective upon filing with the Florida
2
Underlined text is added; struck-through text is deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this s.~-~- day of /[_)' DI.)c.e,~..IP,..-- ,2002.
DATED:~ ~_.~_
.,~.,~,~,L!o ~',1"' ,* 'F~,till', .
"~{t,m~{~~'.
Approvea as to ~orm
and legal sufficiency
lhomas G. ~almor,
~ssistant Gounty ~ttornoy
·his ordinance filed with the
Secretary of State's Office the
_l~.%dw of ~, z~o'z_
and acknowledgement of that
filing received this I~-~ day
of k['~l~m~ 7_C07_
to Chairaan' s
BOARD OF COLJNTY COMMISSIONERS
OF C O L L I E R/~U N T__~F/~..~~'
Jam~s N. Coletta, Chairman
3
Underlined. text is added; str'-'ck-thrc,Jgh text is deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2002-58
Which was adopted by the Board of County Commission,S
the 5th day of November, 2002 during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 6th
of November, 2002.
DWIGHT E. BROCK