Ordinance 94-04 ORDINANCE NO,, 94-
AN OI~INANCE ,I~ENDING COLt~ER COUNTY
OI~INANCE NO. 90-8~,, All AMENDED BY COLLIER
COUNTY OKDINANCI NO. 91-50, AS FURTHIfi:I
AMENDED BY COLLIER COUNTY ORDINANCE NO.
92-91,, AS ~ER AMENDED BY COLY.,TZII COtllslTY
ORDINANCE NO. 92-95~ AS ~ ,AMXI~ED BY
COLF.,,IER COUNTY OI~INANCE NO. 93-S0~
RELATING TO THE COLLIER COUNTY REGIONAL
WATER SYSTE~ I}TPACT FEE ORDINANCE; BY
AMENDING SECTION 2.03, PROVIDING FOR
A/4~FDM]~[ OF PROVISIONS RELATING TO USE OF
MONIES; BY AMENDING SECTION 3.04, PROVIDING
FOR MODIFICATION OF PROVISIONS RELATING TO
AFFORDABLE MOUSING; BY AMENDING SECTION
3.08, PROVIDING FOR A/4~NDMENT OF PROVISIONS
RELATING TO REVIEW REQUIREMENT; PROVIDING
FOR MODIFICATION OF APPENDIX A; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board oZ County Commissioners of Collier County
on November 27, 1990 enacted Colliar County Ordinance No. 90-86,
es~ablishing a Collier County Regional Water System Impac~ Fee
Ordinance, as amended; and
WH'ERF, AS, the Board of County Commissioners of Collier County
on June 18, 1991 enacted Collier County Ordinance No. 91-50,
amending Collier County Ordinance No. 90-S6; and
W~EREAS, the Board of County Commissioners of Collier County
on November 10, 1992 enacted Collier County Ordinance No. 92-91,
amending Collier County Ordinance No. 90-S6; and
WHEREAS, the Board of County Comm~esioners of Collier County
on December 16, 1992, enacted Ordinance No. 92-9S amending
Collier county Ordinance No. 90-865 and
WHEREAS, the Board of County Comm~ssioners of Collier County
on August 10, 1993 enacted.Ordinance No. 93-50, amending Collier
County Ordinance No. 90-86.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMNISSIOI~ERS OF COLLIER COUNTY, FLORIDA thatx
SECTION ONES Amendment to Section 2.03 of Collier County
Ordinance No. 90-S6, am amended
Section 2.03 of Collier County Ordinance No. 90-86 is hereb~
amended as followsz
Words lKL~are added; words =~r~:h ~r:~ are deleted.
Sect.ton 2.03. Use o£ Xonies
A · The Board hereby confirms the · establishment of a
separate trust account for the Hater System Zmpact Feel which
shall be maintained separate and apart Zrom all other accounts of
the County. All such Water System Xmpact Fees shall be deposited
into such trust account immediately upon receipt.
B. The monies deposited into the Water System Xmpact Fee
Trust Account shall be used sole13/Zor the purpose of providing
growth necessitated capital improvements and additions to the
Regional Water System including, but not limited to:
1. Design or construction plan preparation;
2. Permitting and fees$
3. land acquisition including an3/costs of acquisition
or condemnation;
4. Construction and design of Regional Water System
~uildings, facilities or improvements and additions thereto;
5. Design and construction o£ drainage £acllities
required by the construction of Regional Water S3/stem
buildings, facilities or improvements and additions thereto;
6. Relocating utilities required by the construction
of Regional Water S3/stem buildings, facilities or
improvements and additions thereto;
7. landscaping, incident to or necessitated by the
expansion of the Regional Water Syb~em;
S. Construction management or inspection;
9. Surveying, soils and material testing;
10. Acquisition of plant or equipment necessary to
expand the Regional Water System;
ll. Repayment of monies burrowed from an3/budgetary
fund of the County, including monies burrowed subsequent to
the adoption of this Ordinance or its predecessor in
function, which were used to fund growth impacted
improvements and additions to the Regional Water System as
hersin provided;
Words ~ars added; words :~r~:~: ~hr:=g~ are deleted.
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12. Payment of ;rrincipal and Interest, necessary
reserves and costs of issuance under an~ bonds or other
indebtedness issued by the County or District to fund ~r~rth
impacted isprovsments and additions to the Regional Water
l). Reimbursement of excess Developer Contribution
Credit pursuant to Section ~..06 e~ ~ Fees ~
14. To the extent provided by lay, rsJ~burseeent or
refund of costs incurred by the County in the ~reparation of
the I~pact Fee Study adopted pursuant to Section 1.03 and any
amendments or supplements adopted pursuant to Section 3°08
and any other administrative costs incurred lr~ the C~unty.
C. F~nds on deposit in the Water 2ystee Impact Fee Tr~st
Account shall not be used for any expenditure that would be
classified as a x~inten~ncs or repair expense.
D. The ~onies deposited into the Water System Impact Fee
Trust Account shall be used solely to provide i~proveeents and
additions to the Regional Water System required by 9Tovth,
generated by Water System I~act Development, and including, but
not limited to, expected ~rovth addressed in the master plans
listed in Appendix D of this Ordinance°
E. Xny funds on deposit which a~'e not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited In the Water
System Impact Fee Trust Account and used as provided herein. To
the extent permitted by lay. any interest accrued on rm~ac~c Fees
vhich is not ~aeded for i~rovements and additions tO
Reaional Water System say. at the discretion of the Board,
used to fund waivers or dererrals of Impact Fees ~ursuant
Section ~.04 o~ this Ordinance.
F. Xny person vho is the ourrent owner of the property on
behalf of which a e~s~em Development Charge was paid, pursuant
to Collier County Ordinance No. 86-66~ as amended by Collier
Words ~ are added~ words :tr*=ck ',hr;=~ are deleted.
County Ordinanoe Noo 87-45 and Collier County O=dlnancm Woo
h~ld~n~, stature, ~ alteration prior to Decemir 31, 1997
shall ~ eligible ~ a refund ~on ~k~n~ a t~aely
raft, ~f ~e ~lding, stature or alteration either was no~
au~or~zed to conne~ to the Regional Water System ~ DecOr
31, 1997, or ~f ~e ~ty does n)t have an a~r~ed plan for
cohesion of ~e ~lld~ng, stature or alteration to
~g~o~1 Water Syst~ ~ Dece~r 31, 1997. Ref~ds due ~der
~ese c~r~nces shall h ~de only ~n accordance w~ the
fo11~lng ~ed~ef
1. ~e ~en ~ent ~er shall petition the Board for
~e refund ~ to the end of ~e f~scal year ~nediately
foll~ng ~e e~ of the f~scal year ~n ~ch
~c~r 31, 1997 falls.
2. ~e pet~tZ~ for refu~ shall ~ admitted to the
~ty ~nager, on a fo~ a~r~ed ~ ~e
(a) A ~om stat~ent ~at ~e petitioner ~s ~e
~en ~en~ ~er of ~e prope~y on ~half of which
~e Syst~ D~el~ent cha~e was paid$
(b) A c~ of ~e dated recei~ issued for pa~ent
of such charge or such o~er record as w~ld ~nd~cate
pa~ent of such c~e]
(c) A ce~ified c~ of the latest recorded deed
or other lnst~ents evidencing title~ a representation
~at ~e most recent recorded deed or other tnstments
refle~ ~e exa~ names of all ~ent legal ~ers$ a
representation that the petitioner w~11 notify the
County of any change in the statue of legal ~ership
~lch ~s prior to any refund fr~ ~e Countyy
(d) A copy of ~e most recent ad valorem tax bill.
3. Within ninety (90) da~s fr~ the date of roceipt of
a petition for ref~d, ~e Co~ty ~nager w~ll advise the
Words ~ are added~ w~rds =~r=ch ~r=ug~ are deleted.
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petitioner and the Board ot the status ct the Byetam
Development charge requested tot refund, and if such charge
has not hen expanded or enctmbered within the applicable
time period, then it shall be returned to the petitioner.
For the purposes ot this Section, charges collected shall be
deemed to be spent or encumbered on the basis ot the first
~ char~e in shall be the tirs. t ~ee ~ ou~.
C. The Impact Fees collected pursuant to this Ordinance
.i. shall be retu~ed to the then current Owner of the PTopert~ on
!~:'- behalf ot which such tea was paid it such fees have not been
expanded or encumbered prior to the end ot the fiscal year
ismediately following the seventh anniversar~ ot the date upon
which such tees were paid and a timely petition
made. Refunds shall be made only in accordance with the
tollowing procedurex
1. The then current Owner shall petition the Board for
the retund prior to the end ot the fiscal year immediately
following the end of the fiscal year in which the date of the
seventh anniversar~ of the date of the pa]ment of the Water
System Impact Fee occurs.
i' 2. The petition tot refund shall be submitted to the
~', County Hansget, on a fore approved by the County Kanager, and
~[' shall containt
'i (a) X sworn statement that the petitioner is the
,~ then current legal Owner ot the property on behalf
which the Zmpact Fee was paid]
(b) A copy of the dated receipt issued for payment
of such fee, or such other record as would indicate
payment ot such
! (c) a certified copy ot the latest recorded deed
or other instruments evidencing title] a representation
j. that the most recent recorded deed orother instruments
. evidencing title reflect the exact names of all current
i( legal owners] a representation that the petitioner will
Words ~ are added] words :~:=:~ '~ ...... are deleted.
notify the County of any change and the status of legal
owner,hip which occur, prior to any refund from the
;~! (d) A cow 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
petitioner and the Board of tbe~ status of the Impac~ Fee
requested for refund, and if such Impact Fee has not been
expended or encumbered within the applicable time period,
· then it shall be returned to the petitioner. For the
" purposes of this Section, fees collected shall he deemed tO
,~.I he spent Or encumbered on the basis of the first fee in shall
;!' be the first fee cut.
H. The fact that an Owner receives s refund does not excuse
the property from later being subjected to payment of impact fees
~:C. under this Ordinance upon otherwise being characterized as Water
System Impact Development.
I. An Owner entitled to a refund who fails to timely
petition for a refund upon becoming eligible to do so shall be
deemed to have waived any claim for a refund, and the County
shall he entitled to retain and apply the impact fees for growth
:, necessitated capital improvements and additions to the Regional
,/. Water System.
NBCTXON TWO. amendment to Seerion J.04, Affordable Xousing of
Co114er C~unty Ordinanoe Xo. e0-Sl, as amended
Section 3.04 is hereby amended to read as follows=
Section 3.04. Affordable Housing
~t. 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 Water System Impact Development which
qualifies as Affordable Housing under Appendix A of this
Ordinance.
1. Any person seeking an Affordable Housing waiver or
deferral for proposed Water System Impact Development shall
. ,.= 065
Words ~ are addedl words :',r_':~ thrcug.~. are deleted.
file with the County Manager an application for waiver or
deferral, prior to receiving a Building Permit for the
proposed Water System Impact: Development. The Application
£or 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 W~ter System Impact Development
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 rented7
(d) The number of bedrooms in each Dwelling Unit
of the Water System Impact Development.
2. If the proposed Water System Impact Development
Rests the rs~uirements for an Affordable Housing waiver or
defsrral 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 deferral shall be presented in lieu of payment of
the Impact Feepursuant to Section
S. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
oriteriax
1. The Owner(s) or anticipated O%mers of the Dwelling
Unit~ust have a very low, low, or moderate income level~_A~
the time of issuance of the Impact Fee waiver or deferral.
as those terms are defined in Appendix AA and the monthly
payment to purchase the unit must be within the Affordable
Housing guidelines established in Appendix A.
Unit shall cualifv as owner-occupied if a lease-PurchaSe
acreement is in effect at the date of ~ssuance of the ImDac~
Fee waiver or de[erral. or within thirty ~30~ days thereof.
and within twenty-four {24) months from the date of issuanc~
of the certificate of occupancy or the execution of the
'00~ '~5"~' Sl
Words~are added$ words :~r;ck ~hrcu;~ are deleted.
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· - leaee-nurchaes a~resment. ~chever {s Xater. the oation to
~urchasa is ewercimed and the nutchaser takes o~nerahiD of
the Dwellins Unit. Zf the Dutchseer fails to uurchaee the
~ellinc Uni~ within the twenty-four (24) month period. then
the waived or defe~ed YmDa~ Fee ~st be i~ediatelv repaid
unless the ~elltna Unit is sold to another ~ali~vin~
~er.
2. ~s ~sr, or i~ ~ers is more ~an one ~ ~ar,
o~e ~ of ~s ~ers, rest ~ a Zirst-tima h~e ~ysr. To
~ali~y as a first-tins h~s ~er, the ~ar ~st not have
had an ~ership interest in~~prima~ residence
in the past three ~3)~ years.
3, ~e )elllag Unit ~st be the h~estead oZ ~e
~er(s).
4. ~s ~ellin~ Unit ~st reNin XZfordabls R~sinV
~or ZiZtsen ~ years Zr~ the date a cs~iZicats oZ
~pan~ is is~ for ~s ~sllin~ Unit.~
Y~aGt F(e is ranaid to the C~nty,
C. To ~aliZy Zor an I~a~ Fee DeZa~al, a ~ellin~ Unit
offered ~or rent mst meet all o~ ~e Zoll~in~ ~iteria:
1. ~e household renting ~s ~sllin~ Unit ~st have
a ve~ 1~ or 1~ Anode level. at the cmsnc~ent o~ the
leasehold and the duration th(~eo~. as those tams are
defined in l~endix ~ and the am~nt o~ rent ~st ~ within
the Affordable Housing ~idelinss established in Appendix ~.
2. ~s ~elling Unit must be the household's
pemnent residence.
D. All Xmpac~ Fees defamed ~or ~er-oc~pisd ~ellin~
Units a~ the ~ima ~hs Buildin~ Psmi~ was issued shall backs due
and payable and shall Me imedia~ely repaid ~o ~he County upon
~ha sale o~ ~e ~sllin~ Uni~ ~o a non-~ali~ied ~rchasar ~
Words ~a=e added~ words :~=u:~ ........ are deleted.
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pr~idsd, h~evsr, i~ ~s l~a~ Fee dsts~al was paid with State
H~si~ lnitiativs~ Pa~nershtp [SHIP] ~am funds, rspa~en~
will ~ ~ds to the Collier County a~fordabls housin~ t~st ~und.
For the ~ses o~ this Se~ion 3.04. a non-~ali~ied nurchaser
is a Person ~o does not satisfy the ~ffordabls ~sinc ~iteria
~et fo~h in subse~ion S a~s or a Person who does not a~es
the tems o~ the ~aiver or de~e~al o~ imna~ fees a~eement.
· . ~a I~a~ Fees deleted for rental ~ellin~ Units a~
the time ~s Buildin~ Pemit was issued shall bec~s due and
shall ~ insdiately repaid to the C~nty u~n
~ ~ ~ ~ ~ ~ ~ the
disconti~ance o{ use o{ the ~ellinQ Unit as A{{~dable H~sinQ
or {i{tsen ~ years {r~ the date o{ ls~ance o{ the
ce~ificata of oc~pan~, ~ichever ~rs {irst.
F. ~ l~a~ Fees waived
Unit at ~e time a Buildin~ Penit us is~ed shall ~c~e due
and payable and shall ~ imediately repaid to
~ellin~ Unit ~ ~ ~ ~
is sold or transfe~ed to a non~alified ~rchaser d~in~
~i~taan ~ year peri~ a~tar the ce~i~icate
issued ~or ~a ~ellin~ Unit. I~ the Impact Fee waiver was paid
with State Housin~ Initiatives Partnership [~IP] ~am ~unds,
repayant will ~ ~de to ~e Collier C~n~ a~ordable h~sin~
t~st fund. I~ the ~ellin~ Unit is used as A~ordable ~sin~
~ ~ ~ull ~ ~ ~ in comnliance with
this OrdiEanca ~or ~i~teen ~lS~ years a~ter the date the
certificate o~ oc~Dan~ is issued ~or the ~ellinc Unit, the
Impact Fees are no lon~er due and the lien on the ~ellin~ Unit
shall ~ released.
~. ~e percentage o~ the t~tal Impact Fee which shall
waived or de~e~ed ~rsuant to this Section ~or an ~er-oc~pied
or rental ~f~ordable Housin~ ~ellin~ Unit shall be the
,o. 065,,-
Words~are added; words :~r~c~:~hrcu~h are deleted.
-9-
percentage set forth in Appendix A. ~hs Impact Fees waived or
deferred shall ba a lien on the propsr~y until all requirements
under this Section hays been satisfied,
X. 1. Annually, the Owner of 4~e ~_rallrA1 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 oriainallv auaiified as very low or low income
live1 as defined in ADDendi~ X exceeds the Affordable Housina.
~neZit standards se~ forth in Appendix A by more than fort?
Barcent f40%1, then the deferred TmDaC~ Fee calculated from the
di=s the Buildins Permit was issued shall become immediately due
and ~avable by the Ov~er or, in the alternative. the C~/~eT shall
have ninety f901 days to com~lv with the Affordable Housina
!tandards set ~orth in APPendix A,
2- If the household income of the aualified owner-occupied
Dwellins Unit rises above the benefit standards for waivers and
defcrrals set forth in APPendiX A. the Owner shall maintain the
WaiVer and/or defertel. Notvithstandina the forecoins. all
outstandina ImPaCt Fees waived or deferred shall be repaid in
full UDOn sale or transfer of .the Dwellins Unit to a
non-aualified ~urchasar. except for waived Tm~act Fees where the
Owner has ccnnDlied with the Affordable H~usina criteria lit
in this Section 3.04 for fifteen {151 veers after issuance of the
certificate of occupancy.
Z, 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 following and
shall further include such provisions deemed necessary by the
4~ 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. selling or renting the Dwelling
:
Words MlldJrlJaldare addsd~ words eWMeh-%hx~kare deleted -10-
Unit to a ,ub,equent purcha,er or tenter# the Water my,tea
Impact Development must be sold or rented to' households
meeting the criteria set forth in this Section ~
maintain the waiver or defertel. Impact Fee waivers or
deferrals 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.
Unit shall qalify as ~vner-occupied if a lease-purchase
aCresmerit is in effect at the date of issuance of the
Zmnact Fee waiver or defertel or within thirty f301 days
thereof. and within twenty-four ~241 months from the date
of issuance of the certificate of occupancy. or the
execution of the lease-purchase acresmerit. whichever is
later. the oution to purchase is exercised and the
marchaser takes ownership of the Dwellin~ Unit. zf the
purchaser fails to purchase the Dwellins Unit within the
twenty-four f241 month period. then the waived or deferred
Yenact Fee plus interest at the rate of six percent
per annum calculated from the date the Buildine Permit was
issued will be required to be repaid immediately unless
the Dwellin~ Unit is sold to another cualifvina Owner,
3. For owner-occupied Dwell(~ Units, the amount
Impact Fees deferred shall be repaid to the County upon
the saler ~ ee _~i:::r.'.Inu---r.:; ef yea ef %~e
,~ or transfer to a non-Qualified purchaser. If Impact
Fees were paid with State Housing Initiatives Partnership
[ SHIP ] Program funds, repayment wil 1 be made to the
Collier County affordable housing trust ~und. For rental
units, the Impact Fees deferred shall Ms repaid upon
~ the discontinuance of use of the Dwelling
Unit as J~fordable Housing or fifteen ~ years £rom the
issuance of a certificate of occupancy, whichever occurs
,o. 665,, 35
Words ~ are added~ words e4~P~eh-4~hx~½ are deleted.
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..
4. F~r ovner-occupied ~sllin~ Units ~hsrs
Fsss ~vs ~sn ~aived, ~e ~ellin~ Unit ~st bs utilize~
~ the oriainal ~alifvin~ ~e~. or ~bse~en~ ~alifvina
~ ~ ~ Xffordabls H~sin~ in c~liance ~ith
Ss~ion 3.04 of ~his ~dinanca for a fifteen ~ year
~rl~ after the certificate oZ oc~pan~ is issued and
the ~sllinV Unit ~ ~ ~ ~ ~
is S~ld ~o a non-~alifvina ~chassr, ~s
shall bs repaid to the C~nty. XZ X~a~ Fsss wsrs paid
~i~ State H~sin~ lnitiative~ Pa~nership [~IP]
f~s, rspa~nt rill ~ rids to ~s Collier C~ty
affordable h~sin~ t~st fund. ~ ~
5. ~s dafa~sd and/or vaivsd l~a~
a lien on the props~y vhich lien may ~ foreclosed upon
in the event of non-c~pliancs vith the retirements
~s a~ssmsnt. ~e aaree=ent des~i~d harein shall
ooarats as a lien aaainst the ~sllina Unit. ~s lien
· Vhall taninane uoon the recordina of a release
aatisfaction of lien in the oublic records of Collier
County. ~n the case of a vaivev. such release or
sa~isfaction shall be filed fifteen years after the
issuance of the certificate of oc~oancv vrovided ~e~
acted in c~oliance vith the a~eement or uoon reoa~ent.
,oo, 065, 36
~rds~arw added; ~ords :~:u;~ ........
Yn the cast of s deferreX. such release shall be recorded
unon renavment.
6. Xnn~allv. the Owner of ~he a rental Dwellins
Unit shall nrovide to the County Mariacar an affidavit
ccmnliance with the criteria set forth in this Section.
~n affidavit must be filed within thirty [301 days of the
anniversary data of the issuance of a certificate
OCCunancv. Zf the income of any unit rentmr which
originally cualifisd as very lay or l~v income Xaysl as
defined in Xnnendix A e~ceeds the Xffordable Roustna
hensfit standards set forth in A~uendix X .~v more than
forty ~ercent f40%!. then the deferred Zmnact Fee shall
become immediateIv due and nayable by the Owner or. in the
alternative. the Owner shall have ninety (901 days to
comply with the Affordable Rousina standards set forth in
7. Upon satisfactory completion 0£ the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited
to, a release of lien.
S. The agreement shall be binding upon the Owner's
successors and assigns.
9. The agreement shall be recorded in the Official
Records o~ Collier County.
~. The amount o~ Impact Fee waivers and defertale granted
pursuant to this Section shall be limited, in total, to the
amount appropriated by the Board o~ County Commissioners at
~he4e its final public hearing regarding the adoption of the
annual County budget and t~e amount allocated to Impact Fee
Words MZ~ars added~ words :~r;c~ ~hrcu{~ are deleted,
waivers and defertale in the Collier County Housing Assistance
Plan, as established by Collier County Ordinance Noo 93-19o
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. eke
rm~act Fees waived or deferred shall be ~aid by the Board into
the water system impact fee trust account within seven (7) veers
from the date of the award of a waiver and/or de~erral as
orovided herein. but in no event. ~e later than that time When
that amount is needed for a pro~ect funded by those Impact Fees
waived or deferred° The Board shall oar into the water system
impact fee trust account such amounts eaual to any Tm~ac~ Fees
nrevi~uslv waived or deferred by the Board or nreviouslv
exempted, or Eeimbursed by the Board within seven [7) years ~rom
the date of such waiver. defertel. exemption or reimbursement.
but in no event later than the time such amounts are needed ~or a
pro~ect ~unded by those Impact Fees ~aived. deferred. exempted or
~ Waivers and deferrals shall be issued in the order
that completed qualifying applications are received by the County
Xanager. Xt 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 defertale for single family
owner-occupied Dvelling Units serving the ver~ low and lo~ income
levels a~d wh~eh a~e ~ b~ ~ ~ ~ess
X. Xn)/changes or amendments to Xppandix X or the minimum
funding requirements adopted in this Section must occur as an
'ordinance amandment at a public hearing of the Board of County
Commissioners occurring alter 5:00 p.m.
L. No Xffordable Housing waiver or deferral shall be
~ranted for a Water System Impact Development pro~sct which
consists of a Xoblle Home.
Words ~ are added; words ....... '~ ...... are deleted.
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M. Although this Section Ls aimed at addressing new Water
System Impact Development which is characterized as Affordable
herein, the Board shall have the discretion, and not the
obligation, to consider the grant requests for waiver or defertel
for existing Dwelling Unite which are characterized as Water
System Impact Development, provided such housing otherwise meets
the requirements of this section qnd the Board determines there
are funds available to grant such a request. Any such request
shall not be considered by the Board if not made within 180 days
of connection of the Dwelling Units to the Re~ional Water System.
SECTZC~ ~l S amendment to Scotion 3.08 of Collier Count~
Ordinance Wo. 90-ll
Section 3.02 of Collier County Ordinance No. 90-86 is herel~
amended to read as lolloval
Section 3.08. Xev~e~Requirement.
A. This Ordinance and the master plans shall be
reviewed by the Board initially in connection with its approval
of the Capital Ilprovement Element of its Comprehensive Plan as
required by Section 163.3177, Florida Statutes. Thereafter, this
Ordinance shell be reviewed at least
years. The initial and each enne~ review shall consider new
estimates of population per household, costs related to the
accft3ilition Of land, buildings, capital plant and
necessitated by growth and adJustt$ents to the ass~eptions,
conclusions and findings set forth in t~e master plans adopted by
Section 1.03. The purpose of this review is to ensure that the
Water 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 Water
System by users who have heretofore not connected to the Regional
Water System and who have not paid Impact Fees. In the event the
review of the Ordinance required by 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 Regional Water System or alterl or changes the amoun~
Words MJl~are addedl words ~r~ ~:~ are deleted,
Impact Fees, the master plans adopted b~ 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.
SICTIOi FO13Rs Xaendment to Xppendix X cf Collier County
Ordinance Wo. S0-SSw as amended
Appendix A is hereby amended to read as follows:
APPENDI~ X
AFFORDABLE HOUSIHG DZFINXTIONS, BENEFIT
STANDARDS, AND LIMITATIONS
The following set forth the applicable definitions and benefit
standards for Affordable Housing D~elling Units for the purpose
of determining eligibility for Impec~ Fee waivers end defertale
(herein referred to as
DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
e) Ver~ low income families means those families whose
incomes do not exceed fifty ~ercent f50%~ of the median income
for the area as determined by 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 [50%1 and do not exceed sixty percent
160%1 of the area median income ~s determined bv the Secretary of
the U.S. Department of Housina and Urban Development [area median
c] Hodsrate income families means those families whose
incomes are more than sixty percent ~60%1 and do not exceed
eiahtv percent ~80%1 of the area median income as determined bv
the Secretary of the U.S. Department of Housin~ and Urban
Develoument [area median incomel.
For a Dwelling Unit to be determined to be affordable, the
monthly rent or monthly mortgage pa}lent, including property
taxes and insurance shall not be in ~xcess of thirty percent
130%1 of the families household income. I, no instance will
rental limits exceed the rental limits established bv the Florida
Housina Finance Xaencv for rents adjusted to bedroom size in
pro~ects assisted under the SAIL Loan Promram or the Low Income
Housina Tax Credit Procram based on unit size.
II BENEFIT STANDARDS
a) Affordable Housing owner-occupied Dwelling Units which
exclusively serve very low income families and which are the
owner's homestead shall have one hundred uercent f100%l 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 ~
percent [100%1 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 Ziftv percent ~50%1 Of the applicable Impact
Fees waived and have fifty percent [50%~ of the applicable Impact
Fee deferred pursuant to the terms of the Impact Fee Ordinance.
a ed~
Words~ are da words e~are deleted.
-16-
.... d) Affordable Rousing rental Dvelling Units vhlch
· exclusively serve lo~ income families shall pay fifty netcent
;'~ 150%1 of the applicable Xmpact Fee, and shall have
f50%1 of the applicable Xmpact Fee deferred, pursuant to the
tens of the l~pac~ Fee Ordinance.
e) Affordable Housing o~ner-occupied Dwelling Unite which
exclusively serve moderate income families and which are the
o~ner'e homestead shall be required to pay seventy-five percent
£75%10£ the applicable lmpac~ Fee, and shall have
percent (25%1 of the applicable lmpac~ Fee deferred pursuan= to
the terms of the l~pact Fee Ordinance.
f. Water System Impact ~ ~ meets the
criteria set for~31 in Subsections b and c of Section 3.04
constructed by an Agency of Collier County or by an Independent
Governmental Agency pursuant to an interlocal agreement with
Collier County and which construction is one hundred percent
1100%1 government funded shall have ore hundred ~ercen= f100%1 of
the Impact Fees for that construction waived, pursuan= to the
terms of the Impact Fee Ordinance.
NOTE: An Amendment to the Appendix shall require e public
hearing of the Board of County Commissioners occurring after 5:00
IIC'I'ZOI !'1'VII eouflAat and leverability
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the Anterest
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 portion thereof.
I~CTIO~ IXXt =fleetire Date
This Ordinance shall become effective upon receil~ of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of
Words ~ are added$ words :~-r-'-ch ~_~.r=;;.~.are deleted. =
-17-
PASSZD AND D~! ADOPTED by the Board of County Co~missioners
o~ Collier County, Florida, this /~ day of
1994 ·
* '~ z.**~, clsr~ ~zn ~,
1~al ~fficienqs
>
Words ~ ars added/words -' ..... L ...... are deleted.
STATE C;F FLORTDA )
COUNTY OF COLLIV'R )
I, DWIGHT g. BROCK, Clerk ~f Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true coN./oft
Ordinance No. 94-4
which was adopted by the Board of County Commissioners on
the i6th day of FebruaxT, 1994, during Special Session.
WITTrESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of February, 1994.
DWIGHT E. BROCK ·
Clerk of Courts and Clerk,%."s'%~ ~.: ,.
v-x-officio to Board of .~'. ° '
County Com.~tsstoners , ',
: ,"':,'
/s/Maureen enyon ' ',' Deputy Clerk
· . ~ ,