Ordinance 2003-25 ORDINANCE NO. 2003- _~5_
DINANCE OF THE BOARD OF COUNTY COMMISIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE
COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY
ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR THE WAIVER
OF THE UPFRONT PAYMENT OF FIFTY PERCENT OF THE ESTIMATED
TRANSPORTATION IMPACT FEE AS REQUIRED BY DIVISION 3.15 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED,
FOR DEVELOPMENTS MEETING THE AFFORDABILITY GUIDELINES OF
THE FLORIDA HOUSING FINANCE CORPORATION OR ENTERING INTO A
WAIVER OR DEFERRAL AGREEMENT; AUTHORIZING THE COUNTY
MANAGER TO ENTER INTO TRI-PARTY AGREEMENTS ON BEHALF OF
COLLIER COUNTY FOR ELIGIBLE AFFORDABLE HOUSING
DEVELOPMENTS; PROVIDING FOR THE COLLECTION OF IMPACT FEES
IN DEFAULT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier
County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which
is codified as Chapter 74 of the County's Code of Laws and Ordinances; and
WHEREAS, on February 6, 2003, amendments to the Collier County Land
Development Code, Division 3.15 became effective, which require fifty-percent of the
estimated Transportation Impact Fees for a project to be paid in order to receive a
Certificate of Adequate Public Facilities prior to the issuance of a final Site Development
Plan or Final Plat; and
WHEREAS, Affordable Housing developments enter into waiver or deferral
agreements with Collier County in lieu of payment of impact fees, as set forth by Article IV,
Sections 74-401 and 74-402 of the Collier County Consolidated Impact Fe~ir~ce;
r'"
and r-.-
WHEREAS, County staff desires to establish a provision to waive the ~0nt3~ty4
percent payment of estimated Transportation Impact feesprior to approval of t ~nal~ite~
Development Plan or Final Plat for: 1.certain qualifying units s01d below thd~xiCi~m
home sales price in Collier County for Florida Housing Finance Corporation Programs
which will instead make payment of the impact fees, in full, prior to issuance of the Building
Permit, or 2. projects qualifying for the waiver or deferral of impact fees which enter into an
approved waiver or deferral agreement; and
WHEREAS, County staff desires to include provisions for the payment of impact
fees in default, as set forth by Article V, Section 74-501 of the Collier County Consolidated
Impact Fee Ordinance for Affordable Housing projects; and
WHEREAS, the County Manager is currently authorized, on behalf of Collier
County, to enter into waiver and deferral agreements for eligible projects and staff desires
to allow the County Manager to also be authorized, on behalf of Collier County, to sign and
enter into a Tri-Party Agreement, as applicable, to further define re-payment obligations,
as required by new tax laws; and
WHEREAS, these amendments to the affordable housing provisions will serve to
continue to promote affordable housing in Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Subsection (e) (1) b., in Section 74-201 of the Collier
County Code of Law and Ordinances is amended to read as follows:
Imposition of Impact Fees
Section 74-201.
(e)
Affordable housing waiver or deferral.
If the proposed development meets the requirements for an affordable
housing waiver or deferral as set forth in article IV, the county manager
should enter into an impact fee waiver or deferral agreement and is
authorized to execute such waiver or deferral agreements along with any
corresponding tri-party agreement intended to further define re-payment
obligations, as may be applicable, with the owner or applicant. The impact
fee waiver or deferral agreement shall be accepted by the county in lieu of
prompt payment of the impact fee that would otherwise then be due and
payable but for the agreement.
SECTION TWO. Article IV, Subsections (n), (o), and (p) are being added to
Section 74-401 of the Collier County Code of Law and Ordinances which is amended to
read as follows:
Section 74-401. Impact Fee Waiver or Deferral.
Underlined text is added; St;',J'ck th;c'Jgh text is deleted.
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(n) Any units meeting the requirements of this sub-section that are sold below the
maximum home sales price in Collier County for Florida Housing Finance Corporation
Programs, or qualify for and enter into an approved waiver or deferral agreement shall not
be required to pay the impact fees applicable for the unit or building any sooner than
issuance of the buildin.q permit for construction or as may otherwise be set forth in such
waiver or deferral agreement. In order to obtain a certificate of adequate public facilities
concurrently with the issuance of the Final Site Development Plan or Plat the applicant
shall first enter into an approved waiver or deferral agreement with Collier County or
provide a notarized affidavit to the County Manager, which must include the following:
name of project, legal description and number assigned by Collier
County to the development order
name of applicant and owner, if different
number of dwelling units
statement of intent that the subject dwelling unit sales price will meet
the affordability guidelines of the Florida Housing Finance
Corporation for Collier County.
(o) Prior to the issuance of a certificate of occupancy for individual dwelling units which
have provided the foregoing affidavit instead of enterin,q into a waiver or deferral
agreement with Collier County, the applicant must also provide a copy of the executed
sales contract to the county manager demonstrating a qualifyin,q sales price. A copy of the
closing statement demonstrating a qualifying sales price will be provided to the county
manaqer within ten (10) days of the closing of the sale of each qualifying dwelling unit.
(p) Failure to adhere to the requirements set forth by this section may result in the
impact fees becoming immediately due and payable and payment being considered
delinquent from the date of the notarized affidavit and then becoming subject to the
collection provisions provided for in Article V, Section 74-501, including payment of
delinquency fees and interest.
SECTION THREE. Article IV, Subsection (h) (8) of Section 74-401 of the Collier
County Code of Laws and Ordinances is amended to read as follows:
Section 74-401. Impact Fee Waiver or Deferral.
(8) In the event the Owner is in default under the agreement, and the default is not
cured within thirty (30) days after written notice is provided to the Owner, the Board may at
it sole option collect the impact fee amounts in default as set forth by Article V, Section 74-
501, or bring a civil action to enforce the agreement or declare that the waived or deferred
Underlined text is added; Struck thrcugh text is deleted.
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impact fees are then immediately due and payable. The board shall be entitled to recover
all fees and costs, including attorney's fees and costs, incurred by the County in enforcing
the agreement, plus interest at the then maximum statutory rate for judgments calculated
on a calendar day basis until paid.
SECTION FOUR: 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 FIVE: INCLUSION IN 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 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 SlX: EFFECTIVE DATE.
This Ordinance will become effective upon filing with the Florida Department
of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this.~ day of /t~c~.~ , 2003.
ES¥; '..., ',
~ ~.~. ,IG H~.':E:: BRO.~K?, Clerk
, ,,...-..,,'... DeR~Clerk
roved ~sto form and
I suffi~i~cy:
~atrick G. White,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
This orclirlonce filed with fire
Secr..~ory of State's Office the
and acknowledgement of that
filina received this °r~ day
of
Underlined text is added; Struck thrcugh text is deleted.
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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. 2003-25
Which was adopted by the Board of County Commissioners on
the 27th day of May, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
Of May, 2003.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- o f f ic io~.~~a .rd of
County.
By: Te ~{ ~h~e~ s ~ - ~..: