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Ordinance 2016-30 ORDINANCE NO.2016- 30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED) PROVIDING FOR AN AMENDMENT TO SECTION 74-401 TO ALLOW IMPACT FEE DEFERRALS FOR ALL OWNER-OCCUPIED DWELLING UNITS TO INCLUDE SUBORDINATION TO THE OWNER'S FIRST MORTGAGE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR CONFLICT AND SEVERABILITY. WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances(the"Code"); and WHEREAS, affordable housing is a priority in Collier County and Sections 74-401 and 74-402 in Chapter 74 of the Collier County Code of Laws and Ordinances provide for Impact Fee Deferrals granted by the Board of County Commissioners subject to specified procedures and conditions; and WHEREAS, the Impact Fee Deferral Program for owner-occupied affordable housing deferrals was suspended in 2009 and was reinstated on June 23,2015. WHEREAS, staff is recommending, and this Board agrees, to amend the Code to allow impact fee deferrals for all owner-occupied dwelling units to include subordination to the owner's first mortgage. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Underlined text is added;Strums text is deleted SECTION ONE. Article IV. Affordable Housing Impact Fee Deferral, Section 74-401, Impact fee deferral, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-401. Impact fee deferral *** (1) • - , . -•• - -: •- - .• - • . - - . Subordination. Impact fee deferrals for • - • , . _.. _ . __ , . . . _ - , .., all owner occupied dwelling units, will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee deferrals may also be similarly subordinated in the case of rental dwelling units; - . . .. .• .. • ., _ , but only if the owner provides additional cash equivalent fmancial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. This provision requiring additional security is not applicable to community workforce housing innovation pilot program (CWHIP projects. *** 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 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 THE 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 Ordinance may be renumbered or re- lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance"may be changed to "section," "article,"or any other appropriate word. Underlined text is added;Struck through text is deleted Page 2 of 3 SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be considered adopted upon the date written below. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this z34-day of c c\, �v-- , 2016. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E.. rak, Cjerk- OF COLLIER COUNTY, FLORIDA BatjArrA '0A-KA-0-11-.:: -----C''---- By:Attest as to==. j +s , Deputy Clerk D*NNA FIALA, Chairman signature orgy. -' Approv,"s as • f _•, _. . legality: 4•144 / IBS r-•. Jeffrey • `Klzkow County •= o ey c;? Oa--al0(!o 04- Itouo�l Underlined text is added;Struck-through text is deleted Page 3 of 3 bl ; vt FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 26, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-30,which was filed in this office on October 26, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us