Ordinance 2005-38
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~ .. ~~~ ~ . ORDINANCE NO. 2005. 38
~Q ~ ~Æ N ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
~~~a9't~~ .,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 A CHANGE IN THE MAXIMUM
HOME SALE PRICE FOR THE IMMOKALEE RESIDENTIAL
IMPACT FEE DEFERRAL PROGRAM; CLARIFYING THAT THE
PURPOSE OF THE PROGRAM IS FOR OWNER-OCCUPIED
HOMESTEADS; 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
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Code of Laws and Ordinances, which repealed and superceded, in theff:F~ntitMy,
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ail of the County's previous impact fee regulations; and ~: '. f5 "'~!
WHEREAS, on November 18, 2003, the Board adopted Ordinã"ce rNo. .,þ~-
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2003-63; which amended Chapter 74 by establishing the "Immokalee ~$ide8:tial :..:2
Impact Fee Deferral Program" (Program) which provides for the ~rar~of·,#j
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residential impact fees for qualified applicants within the specified ~gfcîtn
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
WHEREAS, the cost of land and construction have continued to increase
dramatically in Collier County; and
WHEREAS, the Board desires to promote and foster the availability of
affordable workforce housing in the Immokalee area; and
WHEREAS, a change in the maximum home sales price from $175,000 to
$254,250, which is also the State Housing Initiatives Partnership (SHIP) limit for
Collier County, 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 a Certificate of Occupancy (CO) for any such
proposed Development. The application for deferral must contain
the following:
a. The name and address of the property owner; and
b. A current and complete legal description of the site upon
which the qualifying development is proposed to be located,;
: and
£:... The Qualifvino development will be owner-occupied and the
homestead of the applicant; and
~ d. A notarized affidavit affirming that the maximum sale price
of the proposed qualifying development will not exceed
$175,000.00 $254.250.00. Applicants ontoring into a
deferral agrooment and subsequontly soiling the qualifying
dovolopmont for mora than $175,000.00 Should the
maximum home sales price exceed $254.250.00 for the
Qualifvino new construction. the applicant may be subject to
the collection provisions provided for in Article V, section
74-501, including delinquency fees and interest dating back
to the effective date of the deferral agreement: and
a.~. Proof of qualifying income level, which is less than or equal
to $100,000.00 annual household income from all sources,;
; and
So; f. Payment of a non-refundable application filing fee in the
amount of $300.00.
(5) If the proposed qualifying development meets the requirements for
a deferral, as listed belo'lJ above, the county manager may enter into an
impact fee deferral agreement with the owner. Tho roquiremonts to ontor
into a doforral agreement are as follows:
a. The qualifying development must be ownor oooupied.
b. Tho qualifying dovelopment must bo the homostead of the owner(s)
o. Tho unit is sold to a buyer(s) '....ith a total annual housohold inoomo
from all souroes loss than or equal to $100,000.00
d. The maximum sales price of the qualifying development must nÐver
oxoeod $176,000.00.
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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,
SECTIOt'J FOUR: EFFECTIVE DATE.
This Ordinance will immediately become effective upon the filing
with the Secretary of State.
PASSED AND DUL Y ADOPTE~ by the Board of County Commissioners of
Collier County, Florida this  b) ""day of July, 2005.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: ""j"Lt4L
FRED W. COYLE, Cha' an
Approved as to form
and I gal su ficiency
Klatzkow
ounty Attorney
This ordinance filed with thl!!
~~tary of State's Officn t'ôs-
~day~-aD
and ackn~wled~m~~ n,:;¡t
fi~f this d""
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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 2005-38
Which was adopted by the Board of County Commissioners
on the 26th day of July 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of July, 2005.
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DWIGHT E. BROC~:},··.·,....",.~~¿;)·,
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Clerk of CourtS.':.'å.~(1o¡Clßrk"; ""
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County Commlss;.qn~rs ";\~Y_ I;" : ~ ;
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By: Ann Jennejohn,··'·..· ,.'
Deputy Clerk