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Ordinance 92-057 ORDINANCE NO. 92- 57.. AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY?~-~ ORDINANCE NO. 92-22 BY ADDING A PROVISION TO SECTION 2.02 PROVIDING THAT BUILDING PERMITS WHICH ARE ISSUED PURSUANT TO A COMPLETED BUILDIN~ PERMIT APPLICATION FILED PRIOR TO AUGUST 14, 1~ SHALL BE SUBJECT TOTHE ROAD IMPACT FEES IN EFFECT PRIOR TO THE EFFECTIVE DATE OF COLLIER COUNTY ORDINANCE NO. 92-22; AMENDING APPENDIX "C" OF COLLIER COUNTY ORDINANCE NO. 92-22 BY REVISING THE SALE AND ~ENTAL AMOUNTS WHICH QUALIFY FOR AFFORDABLE HOUSING EXEMPTION AND/OR REIMBURSEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY~ DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners on April 16, 1992 adopted Collier County Ordinance No. 92-22, entitled Road Impact Fee Ordinance; and '..WHEREAS, Section 2.02 of Collier County Ordinance No. 92-22 provides that payment of the Road Impact Fee shall be made prior to the issuance of a Building Permit for any Road Impact Construction~ and WHEREAS, the Board of County Commissioners on August 4, 1992 determined that it is in the best interests of the citizens of Collier County to amend Section 2.02 of Collier County Ordinance No. 92-22 to provide for building permits which are issued pursuant to a completed building permit application filed prior to August 14, 1992 shall be S~bJect to the Road'Impact Fees in effect prior to the effective date of Collier County Ordinance N°. 92-22. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ~OLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment t° Section 2.02 of Collier County Ordinance No. 92-22 Section 2.02 of Collier County Ordinance No. 92-22 is hereby amended to read as follows: Section 2.02 Payment. A. Except as otherwise ~rovided in this Ordinance, the Road Impact Fee shall be paid prior to the issuance of a Building Permit for any Road Impact Construction occurring within the unincorporated area or within the municipal boundaries of Collier County. 1 Words str~=k-%h=eugh are deleted; words underlined are added. (1) In the event the Road Impact Construction is located;within the unincorporated area of the County, the'road. Impact Fee shall be paid to the County prior to tho"issuance'of'the Building Permit by the County. (2)' In'the event the Road Impact Construction is locatedlwithin:the'bo~ndaries of a municipality, the Ro~dT~mpac~'Fee:shall. be paid to the City prior to the ~:i' 5~'.~..~i· - issuance of a Buildin~ Permit by the City. · " .B. In. the event the County or the City issues separate ~-::~Building~Perm~ts. for a Building or. part'of a Building within a Road Impact Construction which by design contemplates phased occupancy, the Board and the Applicant may enter into .... an agreement for the phased payment of the Impact Fee .... applicable to that portion of the Road Impact Construction · ' .represented by such Building, provided, however, that all Impact Fees.due shall be paid in full prior to issuance of a final Certificate of Occupancy for final occupancy of any portion of the Building. In the event no agreement is executed for such phased occupancy, the Impact Fees applicable to that portion of the Road Impact Construction represented by ~uch BUilding shall be paid prior to the issuance of a Building Permit resulting in the generation of External Trips under the intended building use. C. The payment of the Road Impact Fee shelf be in addition to any other fees, charges or assessments of the County or the City due for the issuance of a Building Permit. D. The obligation for payment of the Road Impact Fee shall run with the land. E. The imnact fees set forth in this Ordinance shall applicable and effective for all buildina permit aDDl~cat~o~ filed on or after Auaust 14. 1992. Buildina permits which are issued pursuant to a completed buildim~ De~-m~t application filed prior to Auaust 14. 1992 shall be sub, eot to the Road Impact Fee ~n effect prior to the effective d~ 2 Words s~=uek-th=oug~ are deleted; words~ are added. of Ordinance No. 92-22. A buildin~ permit applicant that =ualifies for th~ prior Road Impact Fee shall have fourteen (14} days after notif~cat~on to have its build,ha permit issued~ A bui'l¢l~n= permit issued after the fourteen (141 day notificat~on period shall be required to DaY th~ Road Impact Fee in~accordance with the'latest Road Impact Fee schedule as set forth ~-Co'11ier Countv'Ord~nance No. 92-22. SECTION TWO~Amendments to Appendix "C" to Collier County Ordinance No. 92-22 Appendix "C" to Collier County Ordinance No. 92-22 is hereby amended to read as follows: APPENDIX C AFFORDABLE HOUSING STANDARDS The following shall qualify as Affordable Housing for the pu=pose of receiving an Affordable Housing Exemption: A. A Dwelling Unit which is offered for sale for a total amount not greater than: 1. $~87eoe $~6.00~ for a one bedroom Dwelling Unit. 2. $~s?eee $45.000 for a two bedroom Dwelling Unit. 3. $4~78ee $52.250 for a three bedroom Dwelling Unit. 4. $~79se $60.000 for a four bedroom Dwelling Unit. B. The Dwelling Unit which is offered for rent for a total ~onthly rental amount not greater than: 1. $~se ~ for a one bedroom Dwelling Unit. 2. $~ie ~90 for a two bedroom Dwelling Unit. 3. $~6e ~4§0 for a three bedroom Dwelling Unit. 4. $4~e $520 for a four bedroom Dwelling Unit. SECTION T~REE. Conflict and Severability It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such invalidation or unconstitutionality shall be deemed a separate, 3 Words s~=aek-~hrough are deleted; words ~ are added. distip, c__t_,~_n~=.£nd.eR_enden.t, provision and, shall not be ao construed as to~.r.en.d, er. inval.id or' unconstitutional the remaining provisions of th.i~. Ordinance: SECTI..O~N~_F.0_U~_.: .Decl. aration, of Emergency~ · - ~.~9_gr_d,_d_oes.~h. pre]~y, de~c~ar.e, tha.t an emergenc~ exists and that ~.m~..e~iat..e:.e_~_a.c_.t..m~eD~._qf _this~.Ordina. n. ce is necessary, and by no less .t_h__~n~fo_ur.-f~f.t.hs (4~_Sths): vote. of' the membership of the Board doesihereby wai.ve-notice of intent to' consider this ordinance. SECTION FIVE. E~fective Date A certified copy &~ this ~dina~e, as enacted, shall be -..;- ~:-..-. filed b~ the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United S~4~es' for SpeCial d~liver~ by registered ~ail, postage prepaid, to the Florida Department of State. This Ordinance shall become effective as provided in Section 125.~(3), Florida Statutes. PASSED A~D DULY ~OPTED by the Board of County Co~issioners /!?f Coll£~'r':C. ounty, Florida, this ~ day of August, 1992. .A.~.~.~ ~ _. BO~D OF cou~r~ co~ss~o~ERs .JAHES C..GI~S, CLERK COLLIER COUNTY, FLORIDA ...' ..' ..?.:% ~ ,' t~n:i.s po 'Crofitn ,. Assistant County Attorney Thls ordinar~e flied with the Secretory of .State's Offlc_~. · Y - I 054,, 255 4 Words s~r~ek-~h~'ot~gh are deleted~ words ~ are added.. STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing t~a true copy of: Ordinance ~o. which was adopted by the Board of County Commissioners on the llth day of August, 1992, during Regular Seeoton Emergency. WITNESS ~y hand and the official seal of the Board of Com'~t¥ Co~lsetoner~ o~ Collier Com'~t¥, ~lortda, this l~th day of August, 1992. JAMES C. GILES - Clerk of Courts and Cle~. Deputy Clerk ~,?'~ ,.