Ordinance 2005-08
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ORDINANCE NO. 2005 - OR
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COUNTY'S CODE OF LAW AND ORDINANCES, AS
AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS
AMENDED; PROVIDING FOR A CHANGE IN THE TIME OF
APPLICATION FOR THE IMMOKALEE RESIDENTIAL IMPACT
FEE DEFERRAL PROGRAM; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board)
adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee
Ordinance," the same being codified as Chapter 74 of the County's Code of Laws
and Ordinances, which repealed and superceded, in their entirety,-all of:"the
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County's previous impact fee regulations; and .~
WHEREAS, on November 18, 2003, the Board adopted Ordinance N()~200!63,
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which amended Chapter 74 by establishing the "Immokalee Residel1'ttipl IlÌÏpact-~;
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Fee Deferral Program" (Program) which provides for the deferral ofJesid@tial
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impact fees for qualified applicants within the specified Program boundaries; and
WHEREAS, the Program offers relief for new development from the increased
impact fee rates and contributes to additional, new affordable workforce housing
in Immokalee; and
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WHEREAS, the Board desires to promote and foster the availability of affordable
workforce housing in the Immokalee area; and
WHEREAS, a change in the required timing for the submittal of applications for
Program participation would allow the Program to be more fully utilized.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article II, Subsection (g) in Section 74-201 is hereby amended
to read as follows:
(g) Immokalee Enterprise Zone Deferral Area.
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(4) Any Person seeking an impact fee deferral for a proposed owner -
occupied dwelling unit, wholly within the Immokalee Enterprise
Zone, shall file an application for deferral with the County Manager
prior to receiving any Building Parmi. a Certificate of Occupancy
(CO) for any such proposed Development. The application for
deferral must contain the following:
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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 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 re-numbered or re-Iettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance will immediately become effective upon the filing
with the Secretary of State.
PASSED AND DULY ADOPTE/~ -PJ the Board of, County Commissioners of
Collier County, Florida this )f ~ day of j~ h / (//1 (/t ,2005.
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ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: ~~~Ie~
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Approved as to form
and legal sufficiency
This ordinance filed with the
~e~etory of 51 t 's Office the
day 0
ond acknow:edqement f that
tilin re eived this --I!Z-day
of .
Patrick G. W ite
Assistant County Attorney
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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 and correct
copy of:
ORDINANCE 2005-08
Which was adopted by the Board of County Commissioners
on the 8th day of February 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th
day of February, 2005.
DWIGHT E. BROCK
Clerk of cour~,,~··g.~¢Ì.~~l~~,k
Ex-officio ~cr~~~:~?Of~:..~ø,) .~
County Commlssi:!a § .,,~ 'I, \~ _ .~
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By: Linda A. "~1Í". . "·'z'er;~;,~~~,"-".¡·.fi."
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Deputy Clerk'~ti1a' ..<7':'A~'~