Ordinance 2002-06 ORDINANCE NO. 2002 -06
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAP'I~,Z4 oF'~' ~1,~
THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED, TH L~,~..~~
BEING ORDINANCE NO. 2001-13, AS AMENDED (THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING SUBPARAGRAPH
4(A) IN SUBSECTION I IN SECTION 74-203 TO AUTHORIZE STAFF TO ACCEPT
APPLICATIONS FOR IMPACT FEE WAIVERS ON BEHALF OF SPECIFIED TAX
EXEMPTED, NOT-FOR-PROFIT, CHARITABLE, ENTITIES PROVIDED THE
COLLIER COUNTY BUILDING PERMIT FOR THE RESPECTIVE WAIVER
ELIGIBLE CONSTRUCTION WAS ISSUED AFTER SEPTEMBER 7, 2001 AND
BEFORE OCTOBER 13, 2001 AND THE ENTITY PAID THE IMPACT FEE IN
FULL; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE
WHEREAS, on January 8, 2002, as agenda item 10(B), the Board of County
Commissioners of Collier County authorized Staff to draft, advertise, and bring this
proposed amending Ordinance back to the Board at a pubic hearing; and
WHEREAS, absent these amendments, the Collier County Consolidated
Impact Fee Ordinance mandates that staff shall not accept any application for any
impact fee waiver unless the application for the waiver is submitted to staff not later
that the date that the building permit is issued to authorize the respective waiver
eligible constriction; and
WHEREAS, the Board of County Commissioners desires to establish limited
after-the-fact exceptions to the aforesaid restriction and hereby authorize staff to
accept applications for the respective waivers provided the waiver eligible
development was issued Collier County building permit(s) for the respective waiver
eligible construction between September 8, 2001 and October 12, ;237~; ~
WHEREAS, these exceptions apply only to specified tax exe _r.r~_'..t.".-~d,.~. ~pt-~
profit, charitable, entities that provide specified services of substantia~.ne~.to I~
income or very Iow income residents of Collier County at no ~rg%or~
reasonable, reduced rates r-~,~ [~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Subparagraph 4(a) in subsection "1" of Section 74-203 of the
Collier County Code of Law and Ordinances (Ordinance No. 2001-13), as amended,
is hereby amended to read as follows:
4. Applications for Waivers Pursuant to this Section 74-203.
a. Except as specified in this subpara.qral3h (a), the applicant must
file a written waiver request application to the County Manager not later than
concurrently with payment of the respective Impact Fees. The County shall not
accept any such applications after the respective impact fees have been paid to the
County except in those instances when the Collier Cobnt¥ buildinq permit that
authorized the respective waiver eli.qible development was issued after September
7, 2001 and before October 13, 2001 and the development paid the applicable
impact fees in full. The applicant can avoid payment of Impact Fees (up to the
maximum amount of impact fees that may possibly be waived for that applicant)
only when it is possible that the Board may grant the requested waiver before the
respective Impact Fees become due and payable to the County. The application
must prove all of the applicable above-specified elements that render the entity
eligible for the requested waivers, including the required tax exemption(s). The
County Manager may request additional information deemed appropriate to
ascertain the applicant's eligibility for the requested waivers, including criteria noted
in Section 196.195 and/or 196.196, Florida Statutes.
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 or 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
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section," "article." or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be 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 .-~~~. ,2002.
,~, ~m.~.~ ~ ~.:. BOARD OF COUNTY COMMISSIONERS
~DWCG~:'~ B~K, Clerk OF COLLIER C~NTY,~LORIDA _
~,,:~.~~~ . ~ ~i~.,JAM~ N. COLEWA. CHAIRMAN
~ ~' ~is o~i~e fll~ 'wi~ ~e
Approved'as to form and
Legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
2
/S~:~..ry of ~Etot, p's Office the
and acknowledgement of_that
fi!l~g ,,received this
Underlined text is added; __.tuck thrcugh text is deleted.
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 2002-06
Which was adopted by the Board of County Commissio
the 12th day of February, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 13th~yq~f
February, 2002.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commlssioners.~'~ ~ ...... ,o,, "
~y:/~oanne R. A%,en,,{~:%>.,' :-" ~ ~ :
: Deputy Cler~ :.". ~:'::."~ ::~ > ~."~
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