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Ordinance 2017-34 ORDINANCE NO.2017- 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN IMPACT FEE INSTALLMENT PAYMENT PILOT PROGRAM FOR THE IMMOKALEE COMMUNITY DEVELOPMENT AREA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2017. WHEREAS, the costs of housing within Collier County, and especially affordable housing, continues to be an area of great concern to the Board of County Commissioners; and WHEREAS, enhancing and expanding economic activity within Collier County is also a matter of great concern to the Board of County Commissioners; and WHEREAS, Collier County has some of the highest impact fees within the State of Florida; and WHEREAS, the Board of County Commissioners is concerned that these impact fees may be negatively impacting both the costs of housing and inhibiting economic activity within Collier County; and WHEREAS the Board of County Commissioners would like to do a pilot program to ascertain whether allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up-front payment, will have a positive effect on both the costs of housing and economic growth; and WHEREAS, to ensure payment, the Board of County Commissioners believes that payment of impact fees by installments should be an obligation that runs with the land meaning that as owners of the property change, the obligation will continue. In this manner, everyone who owns the property that is being benefitted by the improvements made by the impact fees will share in the cost of the impact fees; and WHEREAS, to prevent unintended consequences, the Board will annually review this Pilot Program, with staff preparing regular updated reports that any Commissioner can review; and WHEREAS, the Board of County Commissioners believes that (1) the area comprising what is known as the Immokalee CRA is an ideal area to test this pilot program; (2) the program will foster the Community Redevelopment Plan for that area;and(3)the program will reduce blight in that area. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: A new Article II, subsection(h) in Section 74-201 of Collier County Ordinance No. 2001-13, as amended, is hereby created to read as follows: (h) Impact Fee Installment Payment Pilot Program. (1) The purpose of this Program is to establish an impact fee installment payment pilot program which is intended to provide the Board of County Commissioners of Collier County, 1 of 4 Florida, with the opportunity to study whether the payment changes set forth below result in lower initial costs in housing and greater economic development. (2) As an alternative to paying impact fees in full as a prerequisite to the issuance of a certificate of occupancy or certificate of completion for the development, a feepayer may exercise the privilege of paying impact fees in installments rather than in a lump sum at the time of issuance of the certificate of occupancy by entering into an impact fee installment payment program agreement with Collier County (hereinafter the "agreement") required in this section. The county administrator or designee is hereby authorized to prepare and execute the agreement on behalf of the County. (3) Pursuant to Section 74-302 (h) of the Collier County Code of Laws and Ordinances, a certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, the feepayer and owner (if different than the feepayer) shall first enter into an approved impact fee installment payment program agreement with Collier County or provide a notarized affidavit to the county administrator or designee that they intend to participate in the program which must include the following: (a) Name of project, legal description and number assigned by Collier County to the development order; (b)Name of feepayer and owner; (c) Statement of intent that the owner is current on property taxes on the subject property and any other real property owned in Collier County, is not in bankruptcy, and that the subject property is not in foreclosure." (4) The form of the agreement shall be approved by the Board, and the agreement shall at a minimum provide: (a) An acknowledgement by the feepayer that the subject property is specially benefited by the improvements to the property and the installment payments shall be special assessments levied as non-ad valorem assessments against the subject property pursuant to the Uniform Assessment Collection Act. For the purposes of this section, the term "Uniform Assessment Collection Act" shall mean F.S. sections 197.3632 and 197.3635, as amended. (b) The term of the agreement and the interest rate to be charged, which terms shall be set by the Board of County Commissioners. In the event a feepayer enters into the agreement after the deadline to place the assessment on the feepayer's upcoming tax bill for that year, the assessment will be placed on the feepaver's tax bill for the following year but shall accrue interest from the effective date of the agreement. (c) Such other terms as deemed appropriate by the County Attorney. (5) Each agreement shall be a covenant that runs with the land and shall be recorded as a lien by county in the public records of Collier County, Florida, at the expense of the feepayer and shall be signed and notarized by the feepayer and owner (if different than the feepayer). 2 of 4 (6) Any person seeking an agreement shall file with the county manager an application and the agreement shall be fully executed and recorded prior to issuance of a temporary or final certificate of occupancy or payment of impact fees. (7) Prior to May 1 of each fiscal year, the feepayer of a parcel assessed hereunder shall have the right to pay the outstanding and unpaid balance(s) owed without a prepayment penalty. (8) Pursuant to the Uniform Assessment Collection Act,non ad-valorem assessments levied pursuant to this section shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens,titles and claims, until paid. (9) For purposes of this subsection the following conditions shall apply: (a) A feepayer must be the legal owner of the property, or designated agent of the owner, and shall provide written and notarized proof of authorization from the owner when requesting to pay impact fees under this subsection; and (b) The feepayer and/or owner must be current on property taxes on the subject property and any other real property owned in Collier County by feepayer and/or owner; and (c) The feepayer and/or owner cannot be in bankruptcy nor can the property be an asset in any bankruptcy proceeding; and (d) The subject property cannot be in foreclosure and cannot have any federal income tax lien,judgment lien or similar liens encumbering the property. (10)As an alternative method to the repayment of impact fees by special assessments under this section, the county administrator or designee may elect to lien the feepayer's property to secure repayment of impact fees paid under this section and is authorized to take any necessary action, including the development of any rules, procedures, agreements and forms to effectuate this method, at the same term and interest rate as set by the Board of County Commissioners. (11) To prevent unintended consequence, the Board will annually review this Pilot Program, with staff preparing regular updated reports that any Commissioner can review. (12) Prior to the third anniversary of this ordinance, the County Manager shall prepare and present a report to the Board of County Commissioners detailing what effect, if any, this program has had on housing costs and economic development, with a recommendation to the Board of County Commissioners on whether to amend, expand, or discontinue this pilot program. 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 portion. 3 of 4 SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance 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 become effective October 1, 2017. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 1,\..\--\-\ day of v\� , 2017. ATTEST: ti BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCIc,Clerk COLLIE' 40V Y, FLORIDA /I" --- ; ' , /I/ q- By. `- 4 °- {� t Clerk Penny Taylo�i AIRWO • �� Attest a 6 i slgnatu . Approves ;'-.' it and legality: -4411 Jeffrey A. ',:1tow, County Attorney f i This ordinonc f !--1 wirh the Seez tory of . • ' r::' i`:i�-e the --2 fay of d_O I I-- cnd acknowledgement o that fill' r cejved this 13 day of a-o 1—47 By Q..,_ �Q` Deputy Clerk 4 of 4 11,, ,-- ,.. , .. , 1 «_ :te. G 9 10, SOµ,Eta` I t. s FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 13, 2017 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. 2017-34, which was filed in this office on July 13, 2017. 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