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Ordinance 95-29 ORDIN~MqCE 1%/O. 95- 27 AN EMERGEBCY ORDINANCE ~DING COLLI~ ~ ~ CO~ O~IN~ 92-33, AS ~DED, o R~TING TO ~E COLLI~ CO~ EDUCATIONAL ~ ~ FA~LITIES SY~ I~A~ FEE ORDIN~CE; ~ ~ING SE~ION 3.05, ~OVIDING FOR ~ MODIFI~TION OF ~O~SIONS R~TING TO o o AFFO~LE HOUSING; PROVIDING FOR ~ ~ DE~TION OF ~G~; PROVIDING FOR ~ ' ~ ~N~I~ ~ S~BILI~ ~D PROVIDING AN ~ ~ ~~ DA~. ~~, the Board of Count~ Co~issioners of Collier CountV on May 17, 1992 ena~ed Collier Count~ Ordinance No. 92-33, establishing ~e Collier County ~ucational Facili~ies S~s~em I~ac~ Fee ~dinance~ and ~$, ~he Board of County C~issioners of Collier County on Septemir S, 1992, enacted COllier COUnty Ordinance No. 92-65, amending Ordinance No. 92-33~ and ~S, the Board of County Co~issioners of Collier County o~ Au~s~ 10, 1993 ena~ Collier County Ordinance No. 93-55, a~ding ~dl~ance No. 92-33~ and ~~, ~he Board of County C~issioners of Collier County on Feb~a~ 2S, 1994 ena~ed Collier Coun~ Ordinance No. 94-9, amending Ordinance No. 92-33] and ~, the Board of County C~isstoners on April 11, 1994 enacted Ordina~ce No. 94-20 further amending Ordinance No. 92-33~ and ~, ~e Board of Coun~ C~issioners on September 2S, 1994 enacted Ordinance No. 94-53 further amending Ordinance No.' 93-22. NOW, THeFORE, BE IT O~AIN~ BY ~E BO~D OF CO~ CO~ISSION~ OF ~I~ CO~, ~RIDA, ~hat: 8E~ION O~s ~en~en~ to Seo~ion 3.0~ of Collier Count~ Ordinanoe No. 92-33, as amended Section 3.05 is hereby amended to read as follows: Section 3.05 Affordable Housing Words underlined are added; words e~ are deleted. - I - 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 Educational Facilities System Impact Construction which qualifies as Affordable Housing under Appendix A of this Ordinance. (1) Any person seeking an Affordable Housing waiver or defertel for proposed Educational Facilities System Impact Construction shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Educational Facilities System Impact Construction. The Application for waiver or defertel shall contain the following: (a) The name and address of the O~ner; (b} The legal description of the Residential property upon which the Educational Facilities System Impact Construction shall be constructed; {c) The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented; (d) The number of bedrooms in each Dwelling Unit of the Educational Facilities System Impact Construction. (2) If the proposed Educational Facilities System Impact Construction meets the requirements for an Affordable. Housing waiver or deferral as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or deferral, 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 deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: Words ~ are added; words e~ are deleted. - 2 - (1) The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, tow, or moderate income level, at the time of issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix A, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix A. 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 thereof ar~ 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 ow~ership 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 mist be immediately repaid unless the Dwelling Unit is sold to another gualifying Owner. (2) The Owner, or if there is more than one (~ner, one of the Owners, must be a first-time home kmyer. To qualify as a first-time home buyer, the Owner must no~ have had an ownership interest in hie/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 (15) years from the date a certificate of occupancy is issued for the Dwelling Unit unless Impact Fee is repaid to the County. C. To gualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: Words ~ are added; words e~'~P~4~b are deleted. - 3 - (1) The household renting the Dwelling Unit must have a ver~ lov or lov income level, at the commencement of the leasehold and during the duration thereof, as those tens are defined in Appendix A and the amount of rent must be within the Affordable Housing guidelines established in Appendix A, (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 Penit 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 deferral was paid with State Housin~ Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing t~st fund. For purposes of this Section 3.05, a non-qualified purchaser is a Person who does no~ 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. E. The Impact Fees deferred for rental D~e111ng Units at the time the Building Penit 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; provided, h~wever, if the Impact Fee defertel was paid with State Housing Initiatives Partnership' [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Penit 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 Words ~are added; words e~ are deleted. - 4 - during the fifteen (15) year period after the certificate of occupanc7 is issued for the Dwelling Unit. If the Impact Fee waiver was paid with S~ate 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 3.05 of this Ordirtance for fifteen (15) years after the date the certificate of ocoupanc7 is issued for Tale Dwelling Unit, the ImpacU Fees are no longer due ard the lien on the D~elling Unit shall be released. G. The 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 for{:h in Appendix A. The Impact Fees waived or deferred shall be a lien on the property until all requirements under ~hil Section have been satisfied. H. (1) 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 vet3/ low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A b~ 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 A. (2) If the household income of the qualified owner-occupied Owelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix A, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, Words underlined are added~ words ~ are deleted. - 5 - 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 Owner has complied with the Affordable Housing criteria for fifteen (1S) years after the issuance of the certificate of ~x:cupancy. 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 necessary 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 defertel is given to an Owner who will be selling or renting the D~elling Unit to a subsequent purchaser or Tenter, the Educational Facilities System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or defertel. Impact Fee waivers or defertale paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix A 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 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 repaid immediately words talM~are addadS words e~ are deleted. - 6 - unless the D~elling Unit is sold to another qualifying Owner. (3) For ~wner-occupied Dwelling Units, the amount of Impact Fees defsrrsd shall be repaid to the County upon the sale or transfsr to a non-qualified purchaser; provided, however, if the Impact Fee deferral w~s 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 Impact Fees deferred shall be 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 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 3.05 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 the 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 agreement. The agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fifteen Words ~are added; words e~eek-~eb~b are deleted. - 7 - years after the issuance of the certificate of occupancy provLded Ovner 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 l~rovide 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 renter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Mousing benefit standards set forth in Appendix A 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 A. (7) Upon satisfactory completion of the agreement requirements, th~ County shall record any necessary documentation evidencing same, including, but not limited to, a Telsees 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 in enforcing this agreement, plus interest at the statutory rate for Judgments calculated on a calendar day basis until paid. (9) The agreement shall be binding upcn the Owner's successors and assigns. Words ~are added; words e~gh are deleted. - 8 - (lO) The agreement shall be recorded kn the Official Records of Collier County. J. The amount of Impact Fee waivers and defertale 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 and defertale in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19. Impact Fee waivers and defertale pursuant to this Section shall begin in the 1993-94 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 Educational Facilities System Impact Fee Trust Account within six C6) years from the date of the award of a waiver and/or deferTel, 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 Educational Facilities System Impact Fee Trust Account such amounts e~-ual to any Impact Fees previously waived or deferred by the Board or previously exempted or reimbursed by the Board within six (6) years from the date of such waiver, defertel, 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 qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or defertale must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Owelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix A or the minimum [unding requirements adopted in this Section must occur as an Words ~ are added; words eiF~ee~--Ca~h are deleted. - 9 - ordinance amendment at a public hearing of the Doard of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or Defertel shall be granted for an Educational Facilities System 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 Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, Section 3.05 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 deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.05 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 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 D~elling Units, if the Owner provides additional security satisfactory 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 defertel. However, the Board in its discretion. may waive the reauirement of additional or substitute collateral for rental Dwellina Units if the Owner or the aeneral partner of Owner is a not-for-profit corporation or oraanization and the D~ellina Units to be constructed are Words underlined are added~ words s~--t4weuqh are deleted. ------- mmm 888 detached sinale (emily houses. The Board in exercisina its discretion shall consider the debl: to equity ratio and the euuit~ on the Dwellinn Units available tO cover the Countv'o subordinate SECTION TWO: Declaration of Emergency 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. SECTION TKRE~s 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. SFJ~TION FOURS Zffeotive Date A certified col=y of this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Deparatment of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities o[ the government of the United States for special delivery by registered mail, postage prepaid, to tho 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 Collier County, Florida, this day of , 1995. Words underlined are added; words e~eek--~h are deleted. ~!.. ATTEST: BOARD OF COUNTY COMMI.gSZONE ... COLLIER COUNT FLOP~DA ~/I a,' [~IGHT E. BR~, Clerk ~~T . TH~S, C ~an A~r~ as to fort and Hsidi F, ~hton ~sis~nt C~ty Att~ey ~ ~e flT~ w~ ~ Words~ are added; words e~k--~ are deleted. S~A~Z O~ I~,ORZDA ) m cn CO~NTY O~ COFJ-IER ) Z, DWIGHT E. BROCK, Clerk o~ Courts in and for the Twentieth ~udJcial Circuit, Collier Count~, Florida, do hereby cer~l:y that the foregoing is a tr~e copy Ordinance No, 95-29 which was adopted by the Board of Counter Commissioners via · c rocedure on the 4th day of April, 1995, during Regular Session. WITNESS mW hand and the official seal of the Board of County Commissioners of Collier CountW. Florida. THis 7tH day of April, 1995. DWIGHT F,. BROCK Clerk of Court~ and Clerk Rx-of[]cto to Board o[ OeputV Clerk-