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Ordinance 95-23 ORDIN^NCE NO. 95-_A~l AN EMERGENCY ORDXNANCE AMENDING COLLIER CO~TY~ ORDINANCE NO. 88-96, AS AMENDED, RELATING TO TI{E COLLIER COUNTY PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE; AMENDING SECTION 4.05, PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE HOUSING; PROVIDING FOR DECL~TION OF EMERGENCY; PROVIDING FOR CONFLICT AND SEVEPABILITY; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the Board of County Commissioneru of Collier County on December 13, 1988 enacted Collier County Ordinance No. 88-96, establishing a Parks and Recreational Facilities Impact Fee Ordinance; and WI{EREAS, the Board of County Commissioners of Collier County on May 22, 1991, enacted Collier County Ordinance No. 91-39, amending Ordinance No. 88-96; and WHEREAS, the Board of County Commissioners of Collier County on May 6, 1992 enacted Ordinance No. 92-29, which amended Collier County Ordinance 88-96; and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Collier County Ordinance No. 92-97, amending Ordinance No. 88-96; and WHEREAS, the Board of County Commissioners of Collier County on Auglast 10, 1993 enacted Collier County Ordinance No. 93-52, amending Ordinance No. 88-96; and WHEREAS, the Board of County Commissioners of Collier County on Febmary 28, 1994 enacted Ordinance No. 94-6 amending. Ordinance No. 88-96; and WHEREAS, the Board of County Commissioners of Collier County on April 11, 1994 enacted Ordinance No. 94-17 amending Ordinance No. 88-96; and WI{EREAS, the Board of County Commissioners of Collier County on September 28, 1994 enacted Ordinance No. 94-50 amending Ordinance No. 88-96; and Words underliDed are added; words et~Puele-th~h are deleted. -1- WHEREAS, the Board of 9ounty Commissioners of Collier County is desirous of amending the provisions o[ Ordinance No. 8~-96, as amended. NOW, THEREFORE, BE XT ORDAINED BY THE BOARO OF COUNTY COMMISSIONERS OF COLLIER COUNt"f, FLORIDA, that: SECTION ONEx Amendment to Section 4.05 o~ Collier County Ordinanoe No. 88--96t as amended Section 4.05 is hereb~ amended to read as follows: Section 4.05. Affordable Housing A. Pursuant to the guidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Parks and Recreational Facilities Impact Construction which qualifies as Affordable Housing under Appendix I of this Ordinance. (1) Any person seeking an Affordable Housing waiver or defertel for proposed Parks and Recreational Facilities Impact Constructicn shall file with the County Manager an Application for waiver or defertel, prior to receiving a Building Permit for the proposed Parks and Recreational Facilities Impact Construction. The Application for waiver or defertel shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Parks and Recreational Facilities Impact Construction shall be constructed; (c) The income level of the ~wner or if the Owner is a builder, the income level of the household to which the Owelling Unit will be sold or rented; (d} The number of bedrooms in each Dwelling Unit of the Parks and Recreational Facilities Impact Construction. Words underlined are added; words etch are deleted. -2- (2) If the proposed Parks and Recreational Facilities Impact Construction meets the requirements for an Affordable Housing waiver or defertel as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or defertel, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferTel shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or defertel, an owner-occupied P~elling Unit must meet all of the following criteria: (1) The OvnerCs) or anticipated O~ner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impact Fee waiver or defertel, as those terms are defined in Appendix I, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix I. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or defertel or within thirty (30) days thereof, and within twenty-four {24) months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser. fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be immediately repaid unless the Owelling Unit is sold to another qualifying Owner. (2) The Owner, or if there is more than one Owner, one of the Ow71ers, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not have had an ownership interest in his/her primary residence in the past Words ~ are added; words e%~ are deleted. -3- three (3) years. (3) The Dvelltng Unit must be the homestead o~ the Ovner(s). (4) The Dwelling Unit must remain Affordable ~{ousing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit, unless the Impact Fee is repaid to the County. C. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: (1) The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in Appendix I and the amount of rent must be within the Affordable Housing guidelines established in Appendix I. (2) The Dwelling Unit must be the household's permanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon the sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fee defertel was paid with State Housing Initiative Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund.. For purposes of this Section 4.05, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. Z. The Impact Fees deferred for rental Owelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) Herds underlined are added~ wordseth are deleted. -4- years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to a non-~Jalified purchaser during the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Progam funds, repayment will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 4.05 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. a. me percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix I. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. B. (1) Annually, the Owner of a rental ~4elling Unit shall provide to the County Manager an affidavit of compliance. with the criteria set forth in this Sectien. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit tenter which originally qualified as very low or low income level as defined in Appendix I exceeds the Affordable Housing benefit standards set forth in Appendix I by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, Words ~]3derlined are added; words ~P'Mh are deleted. -5- the O',,rner shall have ninety (90) days to comply with the AffordabZe Housing standards set forth in Appendix I. (2) If the household income of the qualified owner-occupied Dveiling Unit rises above the benefit standards for waivers and defertale set forth in Appendix I, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees where the 0vner has complied with the Affordable Housing criteria set forth in Section 4.05 for fifteen (15} years after issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessar~ by the Board to effectuate the provisions of this Section: (1) The legal description of the Dwelling Unit. (2) Where an Impact Fee waiver or deferral is given to an Owner who will be eelling or renting the Dwelling Unit to a subsequent purchaser or tenter, the Parks and Recreational Facilities Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Impact Fee waivers. or defertale paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix I qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty days thereof, and within twenty-four (24) months from the date of issuance et Words ~ are added; words et~P~ck ~h~dgh are deleted. -6- the certificate of occupancy or the e×ecution of the lease-purchase agreement, whichever Is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit, If the purchaser falls to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Faa must be repaid i~u~ediately unless the Dwelling Unit is sold to another qualifying O~nar. (3) For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County Affordable Nousing Trust Fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Owelling Unit as Affordable Housing or fifteen (15) years from the issuance of a certificate of occupancy, whichever occurs first. (4) For owner-occupied O~elling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 4.05 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling- Unit is sold to a non-qualifying purchaser, the Impact Fees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. (5) The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the Words ]ll3~are added; words e~ are deleted. -7- agreement. The agreement described heroin shall operate as a lien against the Dwelling Unit. The lion uhall terminate upon the recording of a release or satisfaction of lien in =he public records of Collier County. In the case of a waiver, such release or ~atisfaction shall be filed fifteen years after the issuance of the cernificate of occupancy provided Owner acted in compliance with the agreement or upon repayment. In the case of a defertel, such release shall be recorded upon repayment. (6) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit tenter which originally qualified as very low or low income level as defined in Appendix I exceeds the Affordable Housing benefit standards set forth in Appendix I by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix I. (7) Upon satisfactory completion of the agreement requirements, the County shall record any necessary. documentation evidencing same, including, but not limited to, a release of lien. (S) In the event the Owner is in default under this agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board words ~ are added; words ee~h are deleted. -8- in enforcing this agreement, plus LnteresC nt the statutory rate for 3udgTments calculated on a calendar day basis until paid. (9) The agreement shall be binding upon the Owner's successors and assigns, (10) The agreement shall be recorded in the Official Records of Collier County. ~. me amount of Impac~c Fee waivers and deferrals granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or dererrals in the Collier County Housinq Assistance Plan, as established by County Ordinance No0 93-19. Impact Fee waivers and defertale pursuant to this Section shall begin in the 199)-94 fiscal year or earlier upon receipt of State Housing Initiatives Partnership [SHIP] Program funds. All Impact Fees waived or deferred shall be paid by the Board into the appropriate parks and recreational facilities impact fee trust account within six (6) years from the date or the award o~ a waiver and/or deferral as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the appropriate parks and recreational facilities impact fee trust account such amounts equal to any Impact Fees previously waived or deferred by the Board, or previously exempted or reimbursed by the Board within six (~) years from the date of such waiver, de~erral, exemption or reimbursement, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived, deferred, exempted or reimbursed. Waivers and deferrals shall be issued in the order that ~ompleted qualifying applications are received by the County Words underlined are added; words ~e~-k--~h are deleted. -9- Hanaqer. At least forty percent (40t) of the amount budgeted for Impact Fee waivers and/or defertale must be utilized to fund Impact Fee waivers and/or defertale for single family owner-occupied Dwelling Units serving the very low an~ low income levels. X. Any changes or amendments to Appendix I or the minimum funding requirements adopted in this Section must occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Parks and Recreational Facilities Impact Construction project which consists of a Hobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in whole or part of Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of Section 4.05 shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental D~elling Units serving very low and/or low income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years from the date such Impact Fees are deferred1 and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 4.05 of this Ordinance) for a minimum of 15 years. N. The Board, in its discretion, may agree by Resolution to subordinate its lien for Impact Fee~ to a primary lender and/or government funded affordable housing loan such as SAIL or HOME loan if Owner can demonstrate that a subordination is necessary to obtain financing and, in the case of rental Dwelling Units, if the Owner provides additional security satisfactory to the County such as additional or substitute Words MIMIRr/I/1K~ are added; words et~P~e-~hTough are deleted. -10- collateral in the form of cash or cash eclu[vaZent rinnncL,~l Instruments which will yield the full amount of the deforrPd impact fees at the expiration of the period of the deterrat. However. the Board in its discretion may waive the [eauiremen~ of additional o~ ~ubstttute collateral for rentaZ DweLlinq Units if the o~ner or the qeneral Dartnor o{ O~ner is a not-for-oroftt coreoration or orqanization and the D~e~l~nq Units to be constructed are detached sinqle family homes, Th~ Board in exerctstna its discretion shall consider ~he debt to ecruitv ratio and the ecnJitv on the Dvelltnq Units available Co cover the Countv's subordinate lien interest, 81CTION TWOS Deolaration of Emergency The Board of Count~ Commissioners does hereby declare that an emerqency exists and that immediate e~actment of this Ordinancs is necessary, and by not less than four-fifths (4/5) vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. BF,,CTIO~ THREES Conflict and Bsverabilit~ The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a sep- arate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. BECTIOM FOURI Elfmotive Date A certified copy o~ this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the Words underlined are added; words et~-~k-~eh~H~aqh are deleted. government oE the United States rot specia~ ,JoJ. L'/~ry by registered mail, postage prepaid, to the Florida Department o[ State. ~is ~dinance shall become effective as provided tn Section 125.66(3), Florida Statutes. PASS~ ~D DULY A~ by the Board of Ceunty C~issioners of Collier County, Florida, this ~ day of / · A'&-~T: BO~ OF CO~ CO~ISSION~ CO~l~ CO~Y ~RIDA Approved as ~o fom and l~al $ufflcien~: ~.. ..' ,. ,' ~ , Assis~n~ C~n~y A~omey Words ~ are added; words et~qaek--~4~zM~ugh are deleted. -12- STATE OF FLORIDA ) ~ · COUNTY OF COLLIER ~ o o [TI I, DWIGHT Eo BROCK, Clerk of Courts in and For ~he~ ~ Twentieth Judicial Circuit, Collier CountV, F=or.~da, ~o hereby certify ~het the foregoing Is a ~ru~ copV e~: Ordinance ~o. %5-;~ which was adopted by the Board of County Commissioners via emergency procedures on the ~th da~ cf Apr~f, 1995, du:ing Regular Session. WITNESS my hand and the official ~.~i ,~ ~.e ~od:d ,~ County Commissioners of Collier Coun[~/, ~lDrlrlA, ?hl~ Tth day of April. 1995.