Ordinance 95-28 ORDINANCE NO, 95- 28
AN EMERGENCY ORDINANCE AMENDING COLLIER
COUNTY ORDINANCI~ NO. 92-22, AS ANEHDED,
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REIATING TO ~ COT.~-IER COUN~ ROAD IMPACT ~
FEE ORDIN~3~C~ AYEENDING SECTION 3.04,
PRO%rIDING FOR MODIFICATION OF PROVISIONS
~ELATING TO A~ABLE MOUSING; PROVIDING FOR
DEC~I~ON OF E~ENCY; PROVIDING FOR
CONFLICT ~ SEVERABILI="E; AND PROVIDING AN
EFF~ DA~.
WHEREAS, the Board of County Conmtssioners of Collier County
on April 16, 1992, enacted Collier County Ordinance No. 92-22,
establtshlrMJ a Road Impact, Fee Ordinance; and
WHEREAS, the Board of County Conuntssioners of Collier County
on August 11, 1992, enacted Collier County Ordinance No. 92-57,
eraending Ordinance No. 92-22~ and
WHEREAS, the Board of County Commissioners of Collier County
on December 16, 1992, enacted Ordinance No. 92-99, further
amending Ordinance No. 92-22; and
WHEREAS, the Board of County Commissioners of Collier County
on August 10, 1993 enacted Ordinance No. 93-54/further amending
Ordinance No. 92-22 ~ and
WHEREAS, the Board of County Commissioners of Collier County
on February 28, 1994 enacted Ordinance ~o. 94-8 further amending
Collier County Ordinance No. 92-22~ and
WHEREAS, the Board of County Commissioners of Collier County.
on April 11, 1994 enacted Ordinance No. 94-19 further amending
Collier County Ordinance No. 92-221 and
WHERFJ~8, the Board of County Commissioners on September 2S,
1994 enacted Ordinance No. 94-52 further amending Collier County
Ordinance No. 92-22.
NOW, ~q~EKEFORE, BE IT ORDAINED BY THE BOARO OF COUNTY
COMHISSIONERS OF COLLIER COUNt, FLORIDA THAT:
SECTION ONZI Amendment to Beetion 3.04 of collier County
ordinanoe No. 92-22~ as amended
Section 3.04 is hereby amended to read as follows:
Words gD~aZ/~are addedl words etfeek-~s;~ are deleted.
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Section 3.04. 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 Road Impact Fee for any new owner-occupied or
rental Road Impact Construction which quailglee as Affordable
Housing under Appendix C of this Ordinance.
(1) Any person seeking an Affordable Housing waiver or
defertel for proposed Road Impact Construction shall file
with the County Manager an Application for waiver or
deferTel, prior to receiving a Building Permit for the
proposed Road Impact Construction. The Application for
waiver or deferTaX shall contain the following:
(a) The name and address of the Ovner~
(b) The legal description of the Residential
property upon which the Road Impact Construction shall
be constructed~
(c) The income level of the e~ner or if the Owner
is a builder, the income level of the household to which
the Dwelling Unit will be sold or rented7
(d) The number of bedrooms in each Dwelling Unit
of the Road Impact Construction.
(2) If the proposed Road Impact Construction meets the
requirements for an Affordable Housing waiver or defertel as
set forth in this Section, then the County Manager shall
issue a Road Impact Fee waiver or defertel, as applicable,
to the Owner or Applicant. The Road Impact Fee waiver or
defertel shall be presented in lieu of payment of the Road
Impact Fee pursuant to Section 2.02.
B. To qualify for a Road Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
(1) The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
words underlined are added~ words ~~"e.~a,~/h are deleted.
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level, at the time of issuance of the Road Impact Fee waiver
Or deferral, as those term~ are defined in Appendix C, and
the monthly payment to purchase the unit must be within the
Affordable Housing guidelines established in Appendix C. A
Dwelling Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effect at the date of
issuance of the Road 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 Road 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 Owllets, 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
three (3) years.
(3) The Dwelling Unit must be the homestead of the
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (1~) years from the date a certificate o~
occupancy is issued for the Dwelling Unit, unless the Impact
Fee is repaid to the County.
C. To qualify for a Road 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 C and the amount of rent must be
Words ~ are added~ words et~k--~ are deleted.
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within the Affordable Housing guidelines established in
Appendix C.
(2) The Dwelling Unit must be the household's permanent
, residence.
D. All Road Impact Fees deferred for owner-occupied
Dwelling Unite at the time the Building Permit was issued shall
bec(nme 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 Road Impact Fee defertel was
paid with State Housing Initiatives Partnership [SHIP) Progas
funds, repayment will be made to the Collier County affordable
housing trust fund. For purposes of this Section 3.04, a
non-qualified purchaser is · 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 ,~aiver or defertel
of impact fees agreement.
E. The Road Impact Fees deferred for rental Dwelling 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)
years from the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Any Road 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-qualified purchaser during the fifteen (15) year period after
the certificate of occupancy is issued for the Dwelling Unit;
provided, however, if the Road Impact Fee waiver was paid with
State Housing Initiatives Partnership [SHIP) Program 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 3.04 of this Ordinance for fifteen
.i,. words ~ are added; words e%~aek-~h are deleted.
(15) years after the date the certificate of occupancy l~ issued
for the D~slling Unit, the Road Impact Fees are no longer due and
the lien on the Dwelling Unit shall be released.
G. The percentage of the total Road 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 C. The Road Impact Fees
waived or deferred shall be a lien on the property until all
requirements under this Section have been satisfied.
H. (1) Anrrually, 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 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 C exceeds the Affordable Housing benefit standards
set forth in Appendix C by more than forty percent (40%), then
the deferred Road 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 C; or
(2) If the hcusehold income of the qualified owner-occupied
Dwelling Unit rises above the benefit standards for waivers and
deferrals set forth in Appendix C, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
outstanding Road 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
Owner has complied with the Affordable Housing criteria for
fifteen (15) years after the issuance of the certificate of
occupancy.
I. The Owner receiving a Road Impact Fee waiver or deferral
shall enter into an impact fee agreement with the County
Words ~are added; words eW~eek~ are deleted.
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which aqrsmnt shall provide for, at a minimum, the following
and shall further include such provisions deemed necessary by =he
Board to effectuate the provisions of this Section:
(1) The legal description of the Dwelling Unit.
(2) Where a Road Impact Fee waiver or deferral is given
to an Owner who will be selling or renting the Dwelling Unit
tO a subsequent purchaser or tenter, the Road Impact
Construction must be sotd or rented to households meeting
the criteria set forth in this Section in order to maintain
the waiver or deferral. Road Impact Fee waivers or
defertale paid for with State Housing Initiatives
Psr~nership [SHIP] Program funds will only be granted
directly to buyers meeting Appendix C 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 (30) days =hereof,
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 repaid inunediately
unless the Dwelling Unit is sold to another qualifying'
Owner.
(3) For owner-occupied Dwelling Units, the amount of
Road Impac~ Fees deferred shall be repaid to the County upon
the sale or transfer to a non-qualified purchaser; provided,
however if Road Impact Fees were paid with State Housing
Initiatives Partnership [SHIP] Program funds, repayment will
be made to the Collier County affordable housing trust fund.
For rental units, the Road Impact Fees deferred shall be
Words M/l~are added~ words e4~ are deleted.
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repaid upon the discontinuance of use of the Dwelling Unit
as Affordable Housing or fifteen (15) years from the
issuance of a certificate of occupancy, whichever occurs
first.
(4) For owner-occupied Dwelling Units where Road
Impac~ Fees have been waived, the O~elling Unit must be
utilized by the original qualifying Owner, or subsequent
qualifying purchaser, as Affordable Housing in compliance
wi~h Section 3.04 of this Ordinance for a fifteen (15) year
period after the certificate of occupanc7 is issued and if
the Dwelling ~hllt is sold to a non-qualifying purchaser, the
Road Zmpa~t Fees shall be repaid to the County. If Road
Impact Fees were paid with State Housing Initiatives
Partnership [SHIP] Program funds, repayment wtll be made to
the Collier County affordable housing trust fund.
(5) The deferred and/or waived Road Impact Fees shall
be a lien on the property which 11an may be foreclosed upon
in the event of non-compliance with the requirements of the
agreement. The agreement described herein shall operate as a
lien against the Dwelling Unit. The lien shall terminate
upon the recordtr~ of a release of satisfaction of lien in
the public records of Collier County. In the case of the
waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or
upon repayment. Zn the case of a deferral, such release
shall be recorded upon' repayment.
(6) Annually, the Owner of a rental D~'elltng Unit shall
provide to the County Hanager an affidavit of compliance
with the criteria set forth in this Section. An affidavit
must be filed within thirty 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
? Words M/l{iEllIr-dare added; words e%~aek-~pe~ are deleted.
lov income level as defined in Appendix C exceeds the
Affordable Housing benefit standards set forth in Appendix C
by more than foz~cy percent (40t), then the deferred Impact
Pss shall become im~ediately due and payable by the Ovner
or, in t, he alternative, the Ovner shall have ninety (90)
days ~o comply vi~ the A~ordabZe Housing s~anda~ds se~
{o~ In X~ndix
(7) ~n sa~ls~a~o~ compZe~ion o{ ~he ag~eemen~
r~ir~en~s, ~e C~n~y shall record any necessa~
d~e~t~on evidenci~g same, includ~ng, but not limited
to, a release of lien.
(8) l~ ~e ~ent the ~er is in default under this
sgem~, e~ ~e defaul~ Is ~o~ ~red within thirty (30}
days after ~ltten no~lce Is provided ~o ~he ~er, ~he
Board ny ~ng a civil a~lon to enforce ~he agreemen=.
~e ~ard shall ~ entitled to recover all fees and coats,
including attomey's fees and costs, in~rred b7 ~he Board
in enforcing ~is agesmen=, plus interes= a= the s~a~uto~
ra~e for Jud~ents cal~la~e~ on a calendar da~ bas~s until
paid.
(9) ~e age~en~ shall be binding upon ~he ~er's
successors and assi~s.
(10) ~e ageemen~ shall be recorded in ~he Official
Records of Collier
J. ~e amount of Road Impac~ Fee ~aivers and deferrals
gan~ed pursuan~
~he amount a~ropriated ~ the Board at ~ts final public hearing
regarding the adoption of ~he annual Count~ budget and the amoun~
allocated to Road/mpa~ Fee waivers or deferrals in ~he Collier
County Housing Assis~ance Plan, as created by Collier Coun~
Ordinance No. 93-19. Road Impact Fee waivers and deferrals
pursuant to this Section shall begin In the 1993-94 fiscal year
or earlier upon receip~ of S~ate Housing IDitiatives Partnership
Words~'are added; words e~h aFe.deleted.
[SHIP] Program funds. All Road Impact Foes waived or deforred by
the Board shall be paid by the Board into the appropriate road
lmpac~ fee trust account within six (6) years from the date of
the award of a defertel and/or waiver as provided heroin, but in
no event, later than the time when that amount is needed for a
project: funded b~ those Road Impact Fees waived or deferred. The
Board shall pay into the appropriate road impact fee trust
account such amounts equal to any Road Impact Fees previously
waived or deferred b~ the Board or previously exempted or
reimbursed by the Board within six (6} years from the date of
such waiver, deferral, 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 completed qualify~ng applications are recQived by the County
Manager. At least forty percent (40%) of the amount budgeted for
Road Impact Fee waivers and/or deferrals must be utilized to fund
Road Impact Fee waivers and/or deferrals for single family
ow~er-occupied Dwelling Units serving the very low and low income
levels.
K. Any changes or amendments to Appendix C 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 defertel shall be
granted for a Road Impact Construction project which consists of
a Mobile 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
D~elling Units serving very low and/or low income levels and
meeting all requirements, and subject to all conditions, of
Section 3.04 shall be entitled to defer one hundred percent
Words ~ are added~ words e~eek-~b ate deleted.
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(100%) of the Impact Fees applicable only to such rental Dwelling
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 deferred; and (ii) the
rental apazl:ment development shall remain Affordable Housing
gualifie~t (under Section 3.04 of this Ordinance) for a minimum of
15 years.
N. The Board, in its discretion, may agree by Resolution to
subordinate its lien for Road I~act Fees 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 E)welling
Unite, if the Owner provides additional security satisfactory to
the County such as additional or substitute collateral in the
form of cash or cash equivalent financial instruments which will
yield the full amount of the deferred impact fees at the
expiration of the period of the deferral. However, the Doard in
its discretion may waive the reouirement of additional or
substitute collateral for rental l~ellin~ Units if the ~er or
the senera1 DaBliner of ~er is a not-for-profit cOrPOration or
oraaDization and the Dwellins Unite to be constructed are
detached sinale family houses. The Board. in exerCiSina its
~iscretion shall consider the debt to ecuitv ratio and the ecuit~
gn the Dwellins Units available to cover the Countv's subgrdin~te
lien interest.
SECTION TWOs Declaration of Zmergency
The Board of County Commissioners does hereby declare that
an emergency exists and that immediate enactment of this
Ordinance is necessary, and by no less than four-fifths (4/5)
vote of the membership of the Board does hereby waive notice of
intent to consider this Ordinance.
Words underlined are added; words et~~h 4re deleted.
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SECTlOIS THREEs Conflict and Severability
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 separate, distinct
and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
IF~TION FOURs Bffeot/ve Date
A certified col~ of this Ordinance, as enacted, shall be
filed b~ 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
government of the United States for special delivery by
registered mall, postage prepaid, to the Florida Department of
State.
This Ordinance shall become effective as provided in Section
125.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of conier County, motida, thi, day of/2 ,
1995.
ATTESTS ' .I/ BOARD OF COUNTY CO~ISSIONERS
'A'~roved as ~f/~o~and Y ~ H~S, Chai~an
le~al su~iciency:
Heidi'F. Ashton
Assis~ant County Attorney
ords ~ are ~ed~ word ~~ are deleted.
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STATE OF FLORIDA
COUNTY OF COLLIER
I, DWIGHT E. BROCK, Clerk of Courts tn and for the
TWentieth Judicial Circult, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 95-28
which was adopted by the Board of County Commissioners via
· imeraencv DTOCedUTeS on the 4th day of April, 1995, during
Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 7th
day of Aprll, 1995.
DHIGHT E. BROCK
C)erk of Courts And Clerk
gx-offtClo to Roard of
County Commj.~inner:4