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Ordinance 94-03 2~ O~X~IN~C~ ~IBG COLLIER CO~ ORDIN~CE NO. 90-87, AS ~D~ BY COL~I~ ~ O~IN~CE NO. 91-51~ AS ~~ BY CO~I~ CO~ O~IN~CE 2-92~ AS ~ ~DED BY COLLI~ C ~ ~IN~CE NO. 92-94, ~ ~ ~ ~ BY TIN ~ ~ ~I~ CO~ REGION~ M SYS~ I~A~ FEE O~IN~CE; BY ~ING SM~ION 2. 3, ~O~DING FOR }~~ OF ~SIONS ~TING TO USE OF ES; BY ~DING SE~ION 3.04, ~DING , FOR MODIFI~TION OF ~ISIONS ~TING ~ ~O~LE HOUSING~ BY ~ING SE~ON 3.08, ~O~DING FOR ~~ OF PRO~SIONS R~TING ~ R~ REQUIR~ PROVIDING FOR MODIFI~TION OF APP~DIX A~ PROVIDING FOR CON~I~ ~ S~ILI~ ~D ~IDING ~ EF~I~ DATE. W~ZRZAS, the Board of County Commissioners of Collier County on November 27, 1990, enacted Collier County Ordinance No. 90-87, establishing a Collier County Regional Sewer System Xmpa~c Fee Ordinance~ and WHEREAS, the Board of County Commissioners of Collier County on June 18, 1991, enacted Collier County Ordinance No. 91-51, amending Ordinance No. 90-S7~ and WHEREAS, the Board of County Commissioners of Collier County on November 10, 1992 enacted Collier County Ordinance No. 92-92, amending Ordinance No. 90-87] and WHEREAS, the Board of County Commissioners of Collier COunty on December 16, 1992 enacted Ordinance No. 92-94, further amending Collier County Ordinance No. g0-87~ and WHEREAS, the Board of County Commissioners of Collier County 'on August 10, 1993 enacted Ordinance No. 93-49, further amending Collier County Ordinance No. 90-87. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA thatz SECTION O~Zs ~mena-ent to Section 2.03 of Collier Countr Or~inance No. 90-S7, as amenfled Section 2.03 of Collier County Ordinance No. 90-87 is hereby amended as follows: Section 2.03. Use of Monies Words IL~ are added~ words ~h are deleted. - I .... A. The Board hereby confirms the establishment separate trust account for the Sever System Impact rams, ~hich shall be maintained separate and apart tram all other accounts the County. All Sever System Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Sever System Impact Fee trust account shall be used solel~ for the purpose of providing grovth necessitated capital improvements and additions to the Regional Sever System including, but not limited to: 1. Design or constr~ctton plan preparation; 2. Permitting and 3. Land acquisition including any costs oZ acquisition or condemnation~ 4. Constru~tion and design o5 Regional Sever ~/stma buildings, facilities or improvements and additions thersto~ 5. Design and construction of drainage 5mollifies required by the construction of Regional Sever System ~ildtngs, facilities or improvements and additions theretot 6. Relocattng utilities required b~ the constructclan of Regional Sever System buildings, facilities or improvements and additions theretot 7. Landscaping, incident to or necessitated by the expansion o~ the Regional Sever System butldlngsX 8. Construction management or lnspection~ 9. Surveying, soils and material testtng~ 10. Acquisition o~ plant or equipment necessar~ to expand the Regional Sever System] 11. Repayment o5 monies borrowed from any budgetar~ fund o5 the County, Including monies borrowed subsequent to the adoption of this Ordinance or its predecessor in function, which were used to 5und ~rowth impacted improvements and additions to the Regional Sewer System as hersin provtdedy Words lL~e.~LLt/ZIdars added~ words ;~r==~ ~::=;~ are deleted. 12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the C~n~y or Dis~ric~ ~o Zund gr~h i~a~ed i~r~en~s and addi~iona to ~he Regional Sy~taa~ and 13 ~i~s~en~ o~ excess Devel~er Con~ri~i~ A~cr~:~!; ..... ' ............ ~ ..... '-- ~.~ and 14. To ~he e~en~ provided ~ law, rel~rsemen~ reZund oZ coa~a in~ed ~ the C~n~y in the preparation ~e l~a~ Fee S~udy ad~ted purauan~ to Se~ion 1.03 and any areantenna ~ au~l~ent, adored purauan~ to Se~ion 3.0S and any o~her administrative costs ln~rred ~ the County. C. hnda on depoeit in the S~er 8ya~ Xqa~ Fee Acc~ ahall no~ ~ uaed Zor any e~en~lt~e ~a~ w~ld cla,BiZied aa a ~in~enanca or repair e~ense. D. ~e ~niaa deCaired into the Sewer Sy=~e Z~a~ Fee ~s~ Acc~ Bhall h used solel~ to F~ide iqr~ganta and addi~ions ~o ~e Regional Sewer Sys~ retired ~ qenara~ ~ 8~er $ya~em Zmpac~ Develo~en~ and includinq ~ no~ l~iC~ ~o e~e~ed ~h addressed in ~he Has~er Plans limped in A~endix D oZ ~ia ~dinance. E. ~ runde on deposi~ which are no~ imediately neceaBa~ for e~endi~e Bhall h invested ~ the C~nty. All inc~a derived ~r~ such inves~en~= shall h depoaited in ~e Sya~em Zmpac~ Fee ~s~ Accoun~ and umed aa provided herein. the e~ent ~e~itted ~ law. any interes~ ac~ed on ImDa~ Fees which is no~ needed [or improvements and additions to the ReCiona1 S~er System may. at the dis~etion of the Board. M~d to Fund waivers or defe~als o[ Im~a~ Fees ~rsuan~ to Sectio~ ~,~4 o[ this ~dinance. F. ~y person who is the ~rren~ o~er of ~he property on ~half of which a e~stem Development ~arge was paid, pursuan= to Collier County Ordinance No. S6-66, as amended by Collier Words ~ are added~ words =~=ch '~ ...... are deleted. County Ordinance No. 87-45 and Collier County Ordinance and was issued a certificate of occupancy thereunder for s ~" Building, structure, or alteration prior to December 31, 1997 shall be eligible for a refund upon making a timely petition for refund, if the Building, structure or alteration either was not authorized to connect to the Regional Sewer System by December 31, 1997# or if* the County does not have an approved plan for connection of the Building, structure or alteration to the Regional Sewer System by December 31, 1997. Refunds due under these circumstances shall be made only in accordance with the following procedures 1. The than current Ovner shall petition the Board for the refund prior to the end of the fiscal year immediately ~ following the end of the fiscal year in which the date December 31, 1997 fells. 2. The petition for refund shall be submitted to the · ,~ County Manager, on a form approved by the County Manager, and shall contain= ,, (a) A sworn statement that the petitioner is the then current Owner of the property on behalf of which the system Development charge was paid~ (b) A copy of the dated receipt issued for payment of such charge or such other record as would indicate payment of such charges (c) A certified copy of the latest recorded deed or other instrlments evidencing titley a representation : that the most recent recorded deed or other instruments reflect the exact names of all ourrent legal owners$ a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to any refund from the Countyy (d) A copy of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the ,.0, Hords laZlderlinedare added~ wordseth are deleted. petitioner and the Soard of the statue of the System i Develolment charge requested for refund~ and if such charge has not been expanded or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, charges collected shall be deemed to be spent or encumbered on the basis of the first · ~eeEhaLg~ in shall be the first (ee~ out. C. The Impact Fees collected pursuant to this Ordinance shall be returned to the then current Owner of the Property on behalf of vhich such fee was paid if such fees have not been i! experxled or encumbered prior to the end of the fiscal year ilmediately following the seventh anniversary of the date upon which-such fees were paid and a timely petition for refund is made. Refunds shall be made only in accordance with the ~ followi.g'procedurez ~ ;.T~77~. The then ~rrent Owner shall petition the Board for :. ~refund prior to the end of the fiscal year immediately following the end of the fiscal year in which the date of the ~eventh anniversary of the date of the payment of the Sewer --System Impact Fee occurs. ----~--.2.- The petition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall containz ; ....... (a) A sworn statement that the petitioner is the ,~ thin current legal Owner of the property on behalf of which the Impact Fee was paidy ': (b) A copy of the dated receipt issued for payment -' of such fee, or such other record as would indicate -. ~ ""?'/"':;payment of such feel ~, (c) A certified copy of the latest recorded deed or other instruments evidencing titlel a representation that the most recent recorded deed or other instruments i evidenc~ng title reflect the exact names of all current legal owners] a representation that the petitioner will Words~ are added~ words :~:~ ~::~ are deleted, '- - 5 - ; notify the County of any change and the statue of leqal ovnarship vhich occurs prior to any refund from the t Ccunty~ (d) A copy of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of - a petition for refund, the County Nanafar will advise the ! petitioner and the Board of th~ status of the Impact Fee requested for refund, and if such Impact Fee has not been expanded or encumbered within the applicable time period, then it shall be returned to the petitioner. For the · ..purposes of this Section, faes collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee cut. H. The fact that an Owner receives a refund does not excuse the property from later being sub3acted to payment of impact fees !~ under this Ordinance upon otherwise beinq characterized as S~ar system Impact Development. I. An C~ner entitled to a refund who falls to timely petition for a refund upon becomin~ eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the impact fees for 9rowth necessitated capital improvements and additions to the Regional Sewer System. SECTION TWO, Amendment to Section 3,04, X~fordable rousing Collier CountTOrdinanae No, 90-87~ as amended, Section 3.04 is hereby amended to read as · Section 3.04 Affordable Housing A. Pursuant to the guidelines established in this Section, the County shell (1) waive or (2) defer, as applicable, the payment of the Impact Fee for any new ernst-occupied or rental Sewer System Impact Development vhich qualifies as Affordable Housing under Appendix A of this Or~inanceo (1) Any person seeking an Affordable Housing velvet or de~erral for proposed Sewer System Impact Development shall file with the County Hamafar an Application for vaiver or ,,oo, 665,,,, lZ Words~ are addedy words s~aek~~ are deleted. dsferrsl, prior to receiving a Building Permit for the proposeS Sever System Impact Development. The Application for waiver.or defertel shall contain the follovinqx (a) The nasa and address of the Ornery (b) The legal description of the Residential property upon vhlch the Sever System Zmpact Development shall be constructad~ (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 Sever System Impact Development. (2) If the proposed Sever System Zmpact Development meets the requirements for an Affordable Housing waiver or · defertel as sit forth in this Section, then the County ~anagar 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 the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or defertel, an ovner-ocoupled Dwelling Unit must meet all of the crltertal (1) The Owner(s) or anticipated Ovnerfs~ of the Dwelling Unit ~ust have a very low, lrd, or moderate lncou level. at the time of issuance o~ the ~m~act Fee waiver ~ as those terms are defined in Appendix A~ and the monthly payment to purchase the unit ~uat be within the Affordable Housing ~uldeltnas established In Appendix A. Dwelling Unit shell ~ualtrv as o~ner-o~ct~oled i~ lsase-~urchase a~reement is in effect at the date issuance o~ the Impact Fee waiver or de~erral or withi~ thirty f30~ days thereof. and within twenty-four/24~ month~ from the date of issuance of the certificate of occupancy the execution of the lease-purchase aareement. whichever Words llDl~ilJ~ars added~ words~4P~A-4~are deleted. -7 - Zats~, the o~tion to _Dutchass is exercised and the ~drchsssr ~akss evnsrshlD ot the Dvelline Unit. Z( ~hW _~urdhassr ~ai2s to ~urchase the ~sllin~ Uni~ vt~hin ~he ~vs~y-~our (241 month ~eri~. ~hen the waived or dsfe~ed I~a~ Fee ~s~ ~ i~ediatelv rePaid unless the ~ellin~ Unit is so1~ to another ~alif~ind~er. (2) ~e ~er, or ~f the;e is more than one~er, one ~ of ~e ~ers, ~st h a first-t~me h~e ~yer. To ~al~fy ~ a first-t~me h~e ~yer, the ~er ~s~ no= have had an ~ership ~nterest ~n ~~pr~ma~ residence ~n the past t~ee ~} years. (3) ~e ~ell~ng Unit ~st be the h~estead of the ~er(s). (4) ~e ~elllng ~ni~ ~s= . f~ f~f=een ~ years fr~ the date a ee~lfl~ate of ' ~pan~ is ~ssued ~ the ~elling I~a~ Fee is re~a~d to CountV~ C. To ~al~fy for an Impa~ Fee defe~al, offered for rent ~st meet all of ~e fo11~ing (1) ~e household renting the ~ell~ng ~ ~s= have a ve~ 1~ or 1~ ~ncome level. leasehold and dur~n~ the duratto~ thereo[. as ~ defined in Appendix A and the amount of rent ~st widen the Affordable Housing ~ldel~nel established (2) ~e ~elling Unit must be the household's pe~anen~ residence. D. All Impa~ Fees deferred f~r ~er-oc~pied ~elllng Units at the t~me the Building Pemit ~as ~s~ued shall bec~e due and payable and shall be l~ed~ately repaid the sale of the ~e11~ng Uni~ =o a non-~sl~fied purchaser Words ~are added~ words :~==:h -k ...... are deleted. - 8 - l~rovidsd, hovevet, If the Impact Yes dsfsz~sl was paid with State ]1ousin~ Znitiativsl Partnership [~I~] ~am ~unds, rspa~snt ~il1 h ~ds to the Collier C~nty a~ordabZs h~sing t~st ~und. ~0r ~osss o~ this Section ~.04. a non~ali~ied ~chassr is a Person ~o does not satisfy the A~ordable Housin~ ~iterta set ~o~h in ~5se~ton B a~s or s ~erson vho does not a~ee to the ts~s o~ the vatvet or ds~e~al o~ 1~act ~ees a~eement. ~. ~s Z~a~ ~ees de~e~ed for rental ~elltng ~its at the time the Building ~e~it vas issued shall hc~e d~s and shall h t=sdiatsly repaid to the C~nty upon dlscontl~ancs o~ use o~ the ~sllin~ ~nit as l~ordabZs R~sln~ ff fifteen ~ years fr~ the date o~ issuance o~ the cs~ificats o~ ~an~, ~ichsvsr ~rs first. ~. ~y Z~a~ ~sss vaived ~or an ~sr-oc~pisd ~sllln~ Unit at ~s tins a Building ~e~lt vas issued shall hc~s due and ;ayabls and shall h i~lately re;aid to the C~ty ~sllln~ ~nit ~ m ~ ~ is sold or trans~s~ed to a non-~ali~led ~rchaser d~ing fifteen ~ year pe=l~ a~tsr issued ~or the ~slZing Unit. Z~ the Zmpa~ ~ss vaivsr vas paid vtth State Rousing Initiatives ~a~s~ship rspa~snt ~il1 h ~de to the Collier C~nty a~f~dabls housin~ t~st ~und. I~ ~s ~slltng Unit is used as l~ordabls Housing this ~dlnancs ~or ~t~tssn ~15) vests ce~t~icats o~ oc~Dan~ is issued ~or the ~ellin~ Ont~ the Impact ~ees are no longer due and the Zleh on the helling Unit shall h released. G. ~s percentage of the total' Impact ~es vhtch shall be waived or de~erred pursuant to this Section ~or an ~er-oc~pied 00 Ho~ds ~ are added~ vords :~;:~ '~ ..... ~ are deleted. percentage set forth in Appendix A. The Impact Fees waived or deferred shall be s lien on the property until all requirements under this Section have been satisfied. H. ~tJ Annually, the O~ner of ~he arental D~elling Unit shall provide to the County Hansget an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty f301 days of the anniversar~ date of the issuance of a certificate of occupancy. If the income of any unit tenter which oricinallv ~ualified as very lo~ or lo~ income level as defined in XDDendiX A exceeds the Affordable Sousine bene~i~ standards set forth in X~endtx A bv more than forty percent. [40%1. then ths deferred T~oact Fee shall become i~ediatelv du~ and Dayable by the Ov~er or. in the alternative. the Ov~er shall have ninety fg01 days to com~lv with the Affordable Housi~ standards set forth in Ao~endix &. f21 If the household income o~ the ~ualified o~ner-occuDied Dwellins Unit rises above the benefit standards for waivers and defertale set forth in A~oendix A. the Owner shall maintain the waiver and/or defertel. Hotvithstandin~x the foreQoin~, all outstandina Impact Fees waived or deferred shall be repaid u~on sale or transfer of the Dwellins Unit to a non-aualifie~ _~urchaser. except for waived Impact Fees where the Owner haq complied with the Affordable Housine criteria set forth Section 3.04 for fifteen [151 years ~f~ the issuance of the certificate of occupancy, I. The Owner receiving an Impact Fee waiver or defertel shall enter into an impact fee agreement' with the County which agreement shall provide for, at a minimum, the follo~ing and shall further include such provisions deemed necessary by the Veu~e~ Boardto effectuate the provisions o£ this Section: (1) The legal description of the Dwellin~ Unit. (2} Where an Impact Fee waiver or deferral is given to an Owner'~ho will be selling or renting the Dwelling Unit to a subsequent purchaser or tenter, the Sewer System Impact Words ~ are added~ words ~~ev~h are deleted. - 10 - ,.~ Development ~mst be sold or rented to households meeting the c~ltsria set foz~h in this Section in o~de~ to maintain the waiver o~ deferoZ. Impa~ Fee waivers or deferale pa~d for wi~ State H~sing Initiatives Pa~nership [~IP] ~am fu~s rill only h ganted dtre~ly to ~ers ~eting A~ndix A ~al~fications and a~al prior to hllding Penit is~ance. A ~elline Unit shall ~altf~ as ~er-~Died if a lease-~rchase a~eement is in effe~ at the date of issuance of the ZmDa~ Fee waiver or defe~al or thi~v [301 days thereof. and within twenty-four [241 month~ from the date of issuance of the ce~ificate or the exertion of the lease-purchase a~reemen~. whichevWr Is later. the ~tion to ~rchase ~rchaler takes ~ershiu of the ~ellind ~chaser fails to ~rchase the ~elline ~entv-f~r f24~ month peril. then the waived or defense I~a~ Fee ~st h repaid i~ediatelv unless the ~ellind Unit is sold to another ~alifvin~er. (3) For ~er-~ied ~elling Units, the amount of I/pa~ Fees defe~ shall h repaid to transfer to a non-~al~[~ed DVW~haser. If I~act Fees were paid with State ~oustng Intttattvei Pa~nershlp [SHIP] ~am funds, repayant wtll h made to the Collier C~nty affordable housing t~st f~nd. For rental units, the I~a~ Foes defe~ed shall h repaid upon discontinuance of,use of the ~e111ng Unit as Affordable Housing or fifteen ~ years fr~ the issuance of a certificate of oc~pan~, whichever oc~rs first. Words~are added~ ~ords =tr;=k .k ...... are deleted. (4) For owner-occupied Dwelling Units where Impact Fees have been waived, the Dvsllinq Unit must be utilized the erieins1 cualifyina Owner. or subse~ent ~ali~vin~ ~ ~ A~fordable Houstn~ tn c~m~liance with ~.04 o~ this Ordinance for a ~lfteen pert~ after the ceilfloats o~ oc~pan~ is issued and the ~elltnq Unit s ~ ~ ~ ~ ~ sold to a non-~alifvin~ ~rchaser, ~e l~a~ Fees shall repaid to the County. l~ lmpa~ Fees were paid with State H~stn~ lnltiative2 Pa~nershtp C~IP] ~am funds~ rspa~snt will ~ made to the Collier C~nt~ af~crdabl~ (5) ~e deleted and/or waived Izpa~ Fees shall be a lien on ~e prope~y which lien may ~ foreclosed upon ~s event of non-c~pliancs with the retirements o~ the a~eement. ~e a~e~en~ des~ibed here shall operate as m lien a~ainst the ~elli~a Unit. ~e lien shall te~inatm u~n the recordinS oe a release.or sattseaction the ~lic records oe Collier C;~ntV. In the case waiver. such release or satisfa~ton shall be recorded ~if~een years after the Certificate oe Oc~oan~ is is~ued,~ ~royided ~er acted in c~liancs with the a~effen~ uoon reoa~en~. In the case o~ a defe~al. such Releasm shall ~ eiled uocn reoa~en~. Words ~ars addsdt vords =tr;:k ~h=:=9~ are deleted. - 12 - .f~) XnnuallWm the Owner Of.Able a rental Dwallino Unit shall ~rovida to the County ~ana~er an affidavit of compliance with the criteria set fo~h in this S~lon. an affidavit ~s~ h filed vi~hin thi~v i301 days of the ann[versa~ data of the issuance of a ce~tfica~a oc~oan~. If the inc~e of any unit render which oridinally ~alified as ve~ 1~ or 1~ inc~e level as defined in A~endix X exceeds the Affordable H~sine benefi~ standards Se~ fo~h in X~endix X ~ more than fo~v oercen~ ~40tl. then the deleted ZEa~ ~ee shall hc~a i~ediatelv due and Dayable ~ the ~er or. in the al~e~ati?e- the shall have ninety /901 days to cmlv with the Affordable H~sina standards se~ fo~h in Aooendix A. (7) ~on satisfaeto~ c~plstion oZ the r~ireents~ the C~nty ehall raced a~ dmsntation svidenein~ same, includ~ng, ~t not limited to~ a release o~ lien. (8) ~s a~s~ent shall h binding upon ~ successors and assi~s. (9) ~e a~aement shall h recorded in ~e Official Records o~ ColZier County. ~. ~ amour o~ Zmpa~ Fee uaivers and defe~als ~anted ~rsuant to this Ss~ion shall h limited, in total, to the a=~nt a~r~riatsd ~ ~e Board ~~~ at ~ final ~blie hearing regarding ~s edition o~ the annual County ~dVst and the amount allocated to Impact Fee uaivers and defs~als In ths Co111sr County Housing Assistance Vlan, as established ~ Collier County Ordinance No. 93-19. Z~a~ Fee waivers and deferale ~suant to this Ss~ion shall ~gin in the 1993-94 fiscal year or earlier upon rsceip~ o~ State Housing Znitiativel Pa~nsrship [SHIP] h~aa funds. ~ Fees vatwed or deleted shall be raid by the.Board into the sewer system lmpac~ fee t~s~ accoun~ ~ ~ithin seven ~71 years from Words~ars add~d~ words ;tr~:~ t~::=~ arm deleted. the date of the award of a waiver and/or defer'tel as here{n, hat ~n no event. Zater than that time when that amount needed for a project funded by those Zmpact Fees waived or deferred. The Board shall DaY into the sever system impact fee trust account such amc,~nts e~al to any Impact Fees Drsvto~slv waived or deferred by the Board or Drevicuslv exempted or reimbursed by the Board within seven ~71 years from the date such vaivero defertel. exem~tion or reimbursement. but in event. later than the time such amounts are needed for a Dro~ect funded by those I~act Fees waived. deferred. or exenmted or ~ Waivers and defertale shall be issued in the order that completed qualifying applications are received by the County Hanagero At least forty percent f40%1 of the amount budgeted for lapact Fee waivers and/or defertale Imst be utilized to fund lapact Fee waivers and/or deferrals for single owner-occupied Dwelling ~nite serving the very low and low income levels eml vl~Jeh see ~ by ~ ee~mm~ ~eee X. ~ny changes or amendments to Appendix ~ or the minimum funding requirements adopted in this Section smst occur as an ordinance amendment at a public hearing of the Board of County Co~aissionlrs occurring after 5:00 p.m. ~. No Affordable Rousing waiver or de~erral shall be granted for a Sever System lapact Development project which consists of a Nobill H. Although th~s Section is aimed at addressing nay Sever System Impact Development which is characterized as Affordable Housing harBin, the Board shall have the discretion, and not the obligation, to consider the grant requests for waiver or for existing Dwelling Units which are characterized as Sever System Impact Development, provided such housing otherwise meets the requirements of this section and the Board determines there are funds available to grant such a request. Xny such request Words la~ are added~ words :'.:-=ok '~ ...... ...... ~,, are deleted, - 14 - shall not be considerad b~ the Board if not made within 160 days of connection of the Dvelling Units to the Sewer System. IECTZOM TKREEs Amendment to Section 3.08 of Collier County Ordinance No. 90-87, as amended. Section 3.08 of Collier County Ordinance No. 90-87, as amended, Is hereby amended to read as follows: Section 3.08. Revtrd Requirement. A. This Ordinance and the master plans shall be revieved by the Board Initially in connection with its approval of the Capital Improvement Element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance shall be reviewed at least ~ every two years. The initial and each e4m~H~ review shall consider new estimates of population per household, costs related to the acquisition of land, buildings, capital plant and equipment necessitated by growth and adjustments to the assumptions, conclusions and findings set forth In the master plans adopted by Section 1.03. The purpose of this review Is to ensure that the Sewer System Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by new construction or use of the Regional Sewer System by users who have heretofore not connected to the Regional Sewer System and who have not paid Impact Fees. In the event the review of the Ordinance required ~I this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference In Section 1.03, revises or changes the RegLonal Sewer System or alters or changes the amount of Impact Fees, the master plans adopted by reference in Section 1.03 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section 1.03 shall be amended to adopt by reference such updated studies. SECTION FOU~S Amendment to Appendix A of Collier County Ordinance No. 90-27, as amended Appendix A is hereby amended to read as follows: Words l~ are addadS words e%%-ael~eh~h are deleted. '.~' APPENDIX A AFFORDABLE ROUSING DEFINITIONS, BENEFIT .'~ STANDARDSt AND LIMITATION8 The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impac~ Fee waivers and deferrals (her,in referred to as "benefits"), I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very low income families means those families whose incomes do not exceed fifty percent 150%~ of the median income for the area as determined b~ the Secretary of the Department of Housing and Urban Development (area median income), b) Low income families means those families whose incomes are more than fifty percent 150%1 and do not exceed sixty percent 160%1 of the area median income. as determined bv the Secretary the U.S. Department o[ Housinu and Urban Develornnent [area median C) Moderate income families means those families whose incomes are more than ~ 160%1 and do not exceed elahtv percent lS0%l Of the area median income as determined the Secretary of the U.S. Department of Housina and Urban Development farea median incomeS. For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall not be in excess of thirty uercent 130%1 of the families household income. In no instance will rental limits exceed the rental limits established ~vthe Florida Housing Finance Aaencv for rents adjusted to bedroom size in pro~ects assisted under the SAIL Loan Proaram or the L~w Income Housina Tax Credit Pr~rtam based ~n unit size. II BENEFIT STANDARDS a) Affordable Housing ovner-ocoupied Dwelling Units which exclusively serve very low income families and which are the owner's homestead shall have one hundred Percent ~100%~ of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very low income families shall have D/ll_JlMlZ~j~ percent ~100%~ of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner-occupied Dwelling Units which exclusively serve low-income families and which are the owner's homestead shall have faJjAX_RjlTaD~lS0%l of the applicable Impact Fees waived and have fifty Dercent 150%~ of the applicable Impact Fee deferred pursuant to the terms of the lmpac~c Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve low income families shall pay fifty percent 150%1 of the applicable Impact Fee, and shall have fifty percent 150%1 of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay seventv-~ive percent ~75%1 of the applicable Impact Fee, and shall have ~ Wo~ds ~ are addedl words ='.~=~. '.hr:u~.~. are deleted, _norcent ~25%~ of the applicable Xmpact Fee deferred pursuant to ~ha terms of the lmpac~ Fee Ordinance. f, Sever Byetmm Zmpact Develop=erie which leetl the criteria set forth in Subsections b and o of Section 3.04 constructed b~ an Xqenc7 of Collier County or by an Independent Governmental Xgenc7 pursuant to an interlocal agreement with Collier County and which construction is ~e hundred percent ll00t~ government funded shall have one hundred percent ll00tl of the Xmpact Fees for that construction waived, pursuant to the terms of the Xmpact Fee Ordinance. NOTE: An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. lZC?XOl 7Z111 Conflict and 8everabilit~ The provisions of this Ordinance shall be liberally constru,~t 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~JTIO~ lilt If receive Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners '. of Collier County, Florida, this ~ day of _/Y-~,~.~/ , · ; 1994. · ~ 't/~ Approv~ as to fo~ and legal sufficien~$ ~sistan~ County Atto~ey , Words ~ are add~ words err;c:: t~;cu~h are deleted. ..~' STATE OF FLORIDA COUNT4f OF COLLIER I, IF~IGHT E. BR0Cl~, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true col~/of: , Ordinance No. 94-3 I, which was adopted b~ the Board of County Commissioners on the 16th day of February, 1994, during Special Session, WITNESS s~/hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of February, 1994. , :~,% .:; ,.,. DWIGITr ~, BROCI~ Clerk of Courts and Clef'it Ex-offtcio to Board of . ~. County Commissioners " I~5' ~ puty' Clerk ' "" / ~ y~/elMauras ,'~. ..