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Ordinance 2003-25 ORDINANCE NO. 2003- _~5_ DINANCE OF THE BOARD OF COUNTY COMMISIONERS 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 THE WAIVER OF THE UPFRONT PAYMENT OF FIFTY PERCENT OF THE ESTIMATED TRANSPORTATION IMPACT FEE AS REQUIRED BY DIVISION 3.15 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, FOR DEVELOPMENTS MEETING THE AFFORDABILITY GUIDELINES OF THE FLORIDA HOUSING FINANCE CORPORATION OR ENTERING INTO A WAIVER OR DEFERRAL AGREEMENT; AUTHORIZING THE COUNTY MANAGER TO ENTER INTO TRI-PARTY AGREEMENTS ON BEHALF OF COLLIER COUNTY FOR ELIGIBLE AFFORDABLE HOUSING DEVELOPMENTS; PROVIDING FOR THE COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which is codified as Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, on February 6, 2003, amendments to the Collier County Land Development Code, Division 3.15 became effective, which require fifty-percent of the estimated Transportation Impact Fees for a project to be paid in order to receive a Certificate of Adequate Public Facilities prior to the issuance of a final Site Development Plan or Final Plat; and WHEREAS, Affordable Housing developments enter into waiver or deferral agreements with Collier County in lieu of payment of impact fees, as set forth by Article IV, Sections 74-401 and 74-402 of the Collier County Consolidated Impact Fe~ir~ce; r'" and r-.- WHEREAS, County staff desires to establish a provision to waive the ~0nt3~ty4 percent payment of estimated Transportation Impact feesprior to approval of t ~nal~ite~ Development Plan or Final Plat for: 1.certain qualifying units s01d below thd~xiCi~m home sales price in Collier County for Florida Housing Finance Corporation Programs which will instead make payment of the impact fees, in full, prior to issuance of the Building Permit, or 2. projects qualifying for the waiver or deferral of impact fees which enter into an approved waiver or deferral agreement; and WHEREAS, County staff desires to include provisions for the payment of impact fees in default, as set forth by Article V, Section 74-501 of the Collier County Consolidated Impact Fee Ordinance for Affordable Housing projects; and WHEREAS, the County Manager is currently authorized, on behalf of Collier County, to enter into waiver and deferral agreements for eligible projects and staff desires to allow the County Manager to also be authorized, on behalf of Collier County, to sign and enter into a Tri-Party Agreement, as applicable, to further define re-payment obligations, as required by new tax laws; and WHEREAS, these amendments to the affordable housing provisions will serve to continue to promote affordable housing in Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Subsection (e) (1) b., in Section 74-201 of the Collier County Code of Law and Ordinances is amended to read as follows: Imposition of Impact Fees Section 74-201. (e) Affordable housing waiver or deferral. If the proposed development meets the requirements for an affordable housing waiver or deferral as set forth in article IV, the county manager should enter into an impact fee waiver or deferral agreement and is authorized to execute such waiver or deferral agreements along with any corresponding tri-party agreement intended to further define re-payment obligations, as may be applicable, with the owner or applicant. The impact fee waiver or deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. SECTION TWO. Article IV, Subsections (n), (o), and (p) are being added to Section 74-401 of the Collier County Code of Law and Ordinances which is amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. Underlined text is added; St;',J'ck th;c'Jgh text is deleted. Page 2 of 4 (n) Any units meeting the requirements of this sub-section that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved waiver or deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of the buildin.q permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the Final Site Development Plan or Plat the applicant shall first enter into an approved waiver or deferral agreement with Collier County or provide a notarized affidavit to the County Manager, which must include the following: name of project, legal description and number assigned by Collier County to the development order name of applicant and owner, if different number of dwelling units statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. (o) Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of enterin,q into a waiver or deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifyin,q sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manaqer within ten (10) days of the closing of the sale of each qualifying dwelling unit. (p) Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in Article V, Section 74-501, including payment of delinquency fees and interest. SECTION THREE. Article IV, Subsection (h) (8) of Section 74-401 of the Collier County Code of Laws and Ordinances is amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. (8) In the event the Owner is in default under the agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may at it sole option collect the impact fee amounts in default as set forth by Article V, Section 74- 501, or bring a civil action to enforce the agreement or declare that the waived or deferred Underlined text is added; Struck thrcugh text is deleted. Page 3 of 4 impact fees are then immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. SECTION FOUR: 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 FIVE: 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 SlX: EFFECTIVE DATE. This Ordinance will become 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 /t~c~.~ , 2003. ES¥; '..., ', ~ ~.~. ,IG H~.':E:: BRO.~K?, Clerk , ,,...-..,,'... DeR~Clerk roved ~sto form and I suffi~i~cy: ~atrick G. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: This orclirlonce filed with fire Secr..~ory of State's Office the and acknowledgement of that filina received this °r~ day of Underlined text is added; Struck thrcugh text is deleted. Page 4 of 4 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 copy of: ORDINANCE NO. 2003-25 Which was adopted by the Board of County Commissioners on the 27th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day Of May, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- o f f ic io~.~~a .rd of County. By: Te ~{ ~h~e~ s ~ - ~..: