Ordinance 2016-30 ORDINANCE NO.2016- 30
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, NO. 2001-13, AS AMENDED) PROVIDING FOR AN
AMENDMENT TO SECTION 74-401 TO ALLOW IMPACT FEE
DEFERRALS FOR ALL OWNER-OCCUPIED DWELLING UNITS TO
INCLUDE SUBORDINATION TO THE OWNER'S FIRST
MORTGAGE; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR CONFLICT AND
SEVERABILITY.
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances(the"Code"); and
WHEREAS, affordable housing is a priority in Collier County and Sections 74-401 and
74-402 in Chapter 74 of the Collier County Code of Laws and Ordinances provide for Impact
Fee Deferrals granted by the Board of County Commissioners subject to specified procedures
and conditions; and
WHEREAS, the Impact Fee Deferral Program for owner-occupied affordable housing
deferrals was suspended in 2009 and was reinstated on June 23,2015.
WHEREAS, staff is recommending, and this Board agrees, to amend the Code to allow
impact fee deferrals for all owner-occupied dwelling units to include subordination to the
owner's first mortgage.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
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SECTION ONE. Article IV. Affordable Housing Impact Fee Deferral, Section 74-401, Impact
fee deferral, of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-401. Impact fee deferral
***
(1) • - , . -•• - -: •- - .• - • . - - . Subordination. Impact fee deferrals for
• - • , . _.. _ . __ , . . . _ - , .., all owner occupied dwelling
units, will automatically be subordinate to the owner's first mortgage and/or any
government funded affordable housing loan such as SAIL or HOME loan. Impact fee
deferrals may also be similarly subordinated in the case of rental dwelling units;
- . . .. .• .. • ., _ , but only if the owner provides additional cash
equivalent fmancial instruments which will yield the full amount of the deferred impact
fees when they may become due and payable. This provision requiring additional
security is not applicable to community workforce housing innovation pilot program
(CWHIP projects.
***
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or 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 THE CODE OF LAWS 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 Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance"may be changed to "section," "article,"or any other appropriate word.
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Page 2 of 3
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be considered adopted upon the date written below.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this z34-day of c c\, �v-- , 2016.
ATTEST BOARD OF COUNTY COMMISSIONERS
Dwight E.. rak, Cjerk- OF COLLIER COUNTY, FLORIDA
BatjArrA
'0A-KA-0-11-.:: -----C''---- By:Attest as to==.
j +s , Deputy Clerk D*NNA FIALA, Chairman
signature orgy. -'
Approv,"s as • f _•, _. . legality:
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Jeffrey • `Klzkow
County •= o ey
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 26, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2016-30,which was filed in this office on October 26,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us