Ordinance 2003-63 ORDINANCE NO. 2003 -63
i~N ORDINANCE OF COLLIER COUNTY, FLORIDA, AMEN~NG
CHAPTER 74 OF THE COUNTY'S CODE OF LAW ~AiNrD
ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (*~THE
COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCEs).
ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKA~
AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED
IMPACT FEE RATES BY PROVIDING FOR IMPACT F
'-"~'"~ WHEN THE R ......
T~,,,,,,., ....... ESPECTIVE PROPERTY IS SOLD.
~,,~or,- ~l::u OR REFINANCED; PROVIDING FOI~
ELIGIBILITY CRITERIA; PROVIDING FOR LIMITATION TO THE
GEOGRAPHIC BOUNDARIES OF THE IMMOKALEE '
ENTERPRISE ZONE; PROVIDING FOR A SPECIFIED FUNDING
MECHANISM; PROVIDING FOR THE PROVISIONS TO SUNSET
AFTER THREE YEARS UNLESS OTHERWISE EXTENDED;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001-13, the
"Collier County Consolidated Impact Fee Ordinance," the same being Chapter 74
of the County's Code of Laws and Ordinances, which repealed and superceded,
in their entirety, all of the County's previous impact fee regulations; and
WHEREAS, impact fee rates continue to increase in Collier County to
accommodate growth; and
WHEREAS, the Board desires to promote and foster the availability of affordable
workforce housing in the Immokalee area; and
WHEREAS, the Immokalee Enterprise Zone is also a Rural Federal
Empowerment Community and is in need of local incentives to promote
economic development and affordable workforce housing; and
WHEREAS, programs to offer relief for new development from the increased
impact fee rates will contribute significantly to additional, new affordable
workforce housing in Immokalee; and
WHEREAS, by providing an allocated funding source for the deferral program
the County's ability to provide improvements/and or additions to Public Facilities
will not be jeopardized.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
OF COUNTY
SECTION ONE.
County Ordinance
follows:
A new Article II, Subsection (g) in Section 74-201 of Collier
No. 2001-13, as amended, is hereby created to read as
Irnrnokalee Enter~ r/se Zone Deferral Area.
shall defer the a ment of im act fees f, r all owner-0ccu led
dwellin units within the eo ra hic boundaries of the Im'mokalee
Enter rise Zone which is United States Census Tracts numbers
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112..0.4 112.05 113 and 114 the Immokalee Census Tract. Such
rov~ons will automaticall sunset three 3 ears from the
effective date of the amendment establishin these revisions
unless otherwise officiall extended b the Collier Count Board of
.County Commissioners.
~ This deferral re ram will be funded b bud eted and a re dated
funds from eneral revenue sub'ect to the availabilit of fundin
and from a ortion of the tax increment revenue enerated b ad
valorem re err taxes associated to the ualif in develo merit.
All re- a merits to satisf liens as well as an a licable intbrest
accrued due to default from the re ram shall be aid back to
eneral revenue and the Communit Redevelo merit Area Trust
Fund as a licable to each ualif in develo ment.
develo ment" means an owner-occu led dwellin unit and its
associated lot or land. "Sale" includes each and ever voluntar
and/or involuntar sale of an art of the fee title to an art of the
real re ert that is sub'ect to the res ective deferred Im act Fees
as described in the a reement ."Transfer" includes each and
ever transfer volunta or involuntar includin transfer b court
order or order of an administrative a eric or administrative bed
and includin whether the transferee is a overnment or a eric of
a overnment exce tin ertl the followin : Transfer of fee title of
th.e. re ert from one ori inal tenant b the entireties to the other
on mai tenant b the entireties. Transfer of an art of the fee title
between~enants or between or amen
the ori inal tenants in common. "Refinancin" includes an
extension of the a merit term or an increase in the amount
financed of an ori inal mort a e s or other financin document
that has as securit for the a ment obli etlon an fee title to the
real re err that is sub'ect to the deferred Im act Fees. "Ori inar'
refers to the arties to the relevant document on the effective date
of the a licable Im act Fee deferral a reement. Notwithstandin
an hin in this subsection ( of Section 74-201 the Director of the
Financial Administration and Housin De artment of Communit
Develo merit and Environmental Services Division ma waive the
tri erin of the obli ation to a deferred Im act Fees due to a
sale a transfer or refinancin if in the 'ud ment of the Director the
~of such a nature as not to
ustif that the deferred Im act Fees should become due and
a able because of the sale transfer or refinancin .
occu led dwellin unit wholl within the Immokalee Enter rise
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Zone shall file an a lication for deferral with the Count Mana er
nor to receivin an Buildin Permit for an such ro osed
Develo merit. The a lication for deferral must c°ntain the
a. The name and address of the ro err owner' and
b. A current and com lete le al descri tion of the site
u on which the ualif in develo merit is ro osed to be
located.
c.. Notarized affidavit affirmin that the maximum sale
rice of the ro osed ualif in develo ment will not exbeed
175 000. A licants enterin into a deferral a reement and
subse uentl sellin the ualif in develo ment for more
than 175 000 ma be sub'ect to the collection rovisions
rovided for in Article V Section 74-501 includin
delin uenc fees and interest datin back to the effective
date of the deferral aRreement
d. Proof of ualif in income level which is less than or
e ual to one hundred thousand dollars 100 000 annual
household income from all sources.
e. Pa ment of a non-refundable A lication Filin Fee in
the amount of three hundred dollars ($300.00)_
~'5) If the proposed qualifyinR development meets the requirements for
adeferral as listed below the Count Mana er ma enter into an
~m act fee deferral a reement with the Owner. The re uirements to
enter into a deferral a.qreement are as follows:
a. The ualif in develo ment must be owner-occu led.
b. The ualif in develo merit must be the homestead of the
owner(s).
c. The unit is sold to a bu ers with a total annual
household income from all sources of less than or e ual to
~one hundred thousand dollars ($100,000).
d. The maximum sale rice of the ualif in develo merit
.must never exceed $175,000;
im act fees ursuant to Section 74-202 of this Article which im act
ees would otherwise be due and a able as a rere uisite to the
issuance of the Buildin Permit s for that Develo ment but for the
deferral a reement. The deferral a reement must contain the
.followin.q provisions:
a. The name and address of the ro ert owner' and
b. The correct le al descri tion of the affected 'ro ert
which is the ro ert that will be sUb'ect to lien and be
_subject to foreclosure; and
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c. That such a ment shall be without interest onl if the
a reement has not been breached b the non-Count art
thereto at an time in the deferral eriod but shall'be sub'ect
to interest retroactivel to the effective date of the a reement
if the a reement is breached b the non-Count art thereto.
and
d. That the deferred im act fees shall be due and
a able and shall be aid to the Count u on the first
occurrence of an of the followin : when an art of the
affected real ro err is sold or is transferred dr is
refinanced and in an such event the deferred im act fees
shall be aid in full to the Count not later then the closin of
the sale ornot later then the effective date of the transfer or
before the refinancing becomes final; an~l
e_. That such im act fees shall automaticall become a
lien on the affected ro ert the ro ert described in the
le al descri tion noted above and shall be due and a able
and ma be foreclosed u on b the Count if and when
there is an breach of the a reement b the non-Count art
thereto' and
f. That the ualif in develo merit must remain owner-
occu led and homesteaded and an chane in the status of
~11 constitute a breach
m the a reement and im act fees will be considered to be in
default and immediatel due and a able includin an
a licable interest in accordance with this section and the
collection rovisions set forth b Section 74-501 of this
That the recorded a reement shall serve as an
obli ation to a the deferred im act fees that runs with the
affected ro err and that such obli ation shall terminate
u on the Count recordin in the ublic records of Collier.
Count a release or full satisfaction of the lien and that
release or satisfaction will be recorded b the Count u on
a merit to the Count in full of all of the deferred irn act
fees' and
h. That neither the deferred im act fees nor the
a reement rovidin for the deferral of Im act fees shall be
transferred assi ned credited encumbered or conve ed
from the ro ert and that the deferral of im act fees and the
Aareement shall run with the land; an~l
i, That u on satisfactor com letion of all re uirements
of the a reement b the non-Count art thereto the Count
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shall record all necessar documentation evidencin
satisfactor com letion of the a reement and an such lien
shall terminate u on the recordin of a release or full
satisfaction of lien in the ublic records of Collier Count .
Such release shall be recorded u on a merit in full of the
impact fees; and
'. The a reement shall be bindin u on the ro err
Owner's its successors and assi ns' and
k. That the a reement shall be recorded in the Official
Records of Collier Count and the a reement shall n6t be
_effective until it is so recorded.
I. That if the non-Count art is in a non-curable
default under the a reement or if the default is curable and
the curable default is not cured in full within thirt 30 da s
after written notice to do so rovided to the Owner b the
Count the Board ma brin a civil action to enforce the
deferral a reement and that the Board shall be entitled to
recover all fees and costs includin attorne's fees and
ex enses incurred b the Count in enforcin the
a reement lus interest at the then maximum statutor rate
for final 'ud ments calculated on a calendar da basis until
aid in full. In the event that interest should be in to accrue
because the non-Count art breaches the a reement
such interest shall accrue retroactivel back to the
commencement date of the res ective im act fee deferral
contract to the count mana er demonstratin a ualif in sales rice. A
t_he sale of each qualifyin.q dwellin,q unit~..
_by Subsection (g)_.
subordinated to the owner's first mort a e and/or an overnment funded
affordable housin loan such as a SAIL or HOME loan.
SECTION TWO.
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any other applicable law, the more restrictive shall apply. If any
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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 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 re-numbered or re-lettered to accomplish such, and the ~ord
ordinance may be changed to "section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance will immediately become effective upon the last
date of occurrence of all three of the following events, regardless of the order in
which they may occur:
1. the date of filing of this Ordinance with the Secretary of State;
2. the date of adoption of a Resolution by the Collier County Community
Redevelopment Agency (CRA): a) recommending the allocation of specified Tax
Increment Financing (TIF) funds associated to qualifying developments
participating in the Immokalee Residential Impact Fee Deferral Program, to be
repaid when the home is sold, transferred or re-financed and b) recommending
the Board's amendment of the redevelopment plan to authorize use of TIF funds
as a funding source for certain Board of County Commissioners' approved
programs; and
3. the effective date of ordinances by the Board of County Commissioners
adopting appropriate amendments to modify the Collier County Community
Redevelopment Plan for Immokalee to allow for the use of TIF funds to
implement the Immokalee Residential Impact Fee Deferral Program and
expanding the boundaries of the Immokalee Redevelopment Area to include the
Immokalee Enterprise Zone in its entirety.
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PASSED AND DULY ADOPTED by the Board of County
Collier County, Florida this I~q~ day of_
Commissioners
_, 2003.
ATT.~ST. ......... ;".;~ ,,
DWigHT E,;BROC~;'Clerk
~legal
P~trick G. Wh~t~ -
Assistant County Attorney
BOARD OF CJ~UNTY C/:)MMISSIONERS
.
'r~is oro'h~e filed ~ ~
mto~ of'Stete's 'Offic-
ond ocknowled~me~ .~
of
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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 2003-63
Which was adopted by the Board of County Commissioners
on the 18th day of November, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of November, 2003.
DWIGHT E. BROCKs'
Clerk of uur~s, and
Ex-officio to
County Commi ss %i~rs
~epu~y