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Ordinance 94-05 ORDINAN~ NO. 94'- 5 AN ORDIN'MI'C~ M~ENDIN(I COLLIER COUNTY ORDINANCE 88-97, AS AMI~DED BY ORDINANCX NO. 91-11, AS AHENDED BY ORDINANCE NO. 92-96, AS AM'ENDED BY~ ORDINANCE NO. 93-51, RELATING TO THE COLLIER ~'~ COUNTY LIBRARY SYSTI~ IMPACT FEE ORDINANCE; DING SECTION 2.03, PROVIDING FOR AMENDMENt. PROVISIONS RELATING TO USE OF MONIES; ENDING SECTION 3 · 04, PROVIDING FOR ODIFICATION OF PROVISIONS RELATING TO FFORDABLE HOUSING~ ANENDING SECTION 3.08, ~ - PROVIDING FOR AMENDMENT OF PROVISIONS RELATiNG~ TO REVIEW REQUIREMENT~ PROVIDING FOR FICATION OF APPENDIX ~$ PROVIDING FOR CONFLICT AND SEVERABILITY~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on December 13, 1988, enacted C0111er County Ordinance No. 8S-97, establishing a Library System Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier County on January 21, 1991, enacted Collier County Ordinance No. 91-11, which amended Collier County Ordinance No. 88-971 and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-96, which amended Collier County Ordinance SS-971 and WHEREAS, the Board of County Commissioners of Collier County on August 10, 1993 enacted Ordinance No. 93-51, which amended Collier County Ordinance No. 88-97. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CONXISSIONERS OF COLLIER COUNTY, FLORIDa% THATz SECTION OWls Xaendment to Section 2.03 of Collier County Ordinance No. SS-S7~ as amended Section 2.03 o~ Collier County Ordinance No. 28-97 is hereby amended as ~ollovs~ Section 2.03. Use o£ Honies A. The Board hereby establishes a separate trust account for the ~ 6~s~es Impact Fees, to be designated as the 'ttbrary System Impact Fee Trust Account' and which shall be maintained separate and apart ~rom all other accounts o£ the County. All such Zmpact Fees shall be deposited into such trust account immediately upon receipt. ,o.. 06544 wordsMZl~are addedy words c~r=:~ ~.~::u;,% are deleted. -1- B. The monies deposited into the Librar~ System Impac~ Fee Trust Account shall be used solely for the' purpose of providin~ 9Tovth necessitated capital improvements and additions to the County ~lbrar? System lncludin~, but not limited 1. design and construction plan preparation; 2. permittin~ and fees; 3. land acquisition including any costs of acquisition or condemnation; 4. construction and design of Library System buildin~s# facilities or improvements and additions thereto; 5. design and construction of drainage facilities required by the construction of Library System buildings, facilities or improvements and additions thereto; 6. relocatinV utilities required by the construction of Library System bulldin~s, facilities or improvements and additions thereto; · 7. landscapin~; 8. construc~ion management and inspection; 9. surveying, soils and material 10. acquisition of Collection Itemst furniture, shelving and other capital equipment of the County Library System; 11. repayment o£ monies bc. rrowed Zrem any budgetary fund o~ the County, subsequent to the adoption o~ this Ordinance, which were used to fund 9Towth impacted improvements and additions t~ the County Library System as' herein provided; 12. payment o~ principal and interest, necessary reserves and coats of issuance under any bonds or other indebtedness issued by the County to fund ~rowth impacted improvements and additions to the County Library System; and lJo reimbursement of excess Developer Contribution Credit pursuant to Section 3.06.C e~ .epae~ words underlined are a ; o s e4~aek-~&~ are deleted. -2- 14. to the extent provided 1,/law, reimbursement or refund of costs incurred by the County in the preparation the l~pact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements pursuant to Section 3.08 and any other administrative costs incurred by the County. Funds on deposit in the Library System Impact Fee Trust Account shall not be used for arr~ expenditure that would be classified as a maintenance or repair expense, C. The monies deposited into the Library System Impact Fee Trust Xccount shall be used solely .to provide improvements and additions to the County Library System required by growth as pro~scted in the l~pact Fee Study. Do Xny funds on deposit which are not immediately necessary for expenditure shall be invested by the County, All income derived from such investments-shall be deposited in the Library System Impact Fse Trust Xccount and used £s provided .. hereino TO the extent permitted by lay. any interest accrued on Zm~act Fees which is not needed for improvements and additions to the County tibrarv System may. at the discretion of the Board. be used_tO fund waivers or deferrals o~ ZmDac~ Fees ~ursuant to Section 3.04 o~ this Ordinance. E. The Impact Fee collected pursuant to this Ordinance shall be returned to the then current owner of the property on behal~ of which such ~ee was paid If such fees have not been expanded or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon' which such fee was paid. Refunds shall be Imde only in accordance with the following procsdursx l. The then current Owner 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 o~ the sixth anniversary of the date of the pa~men~ o~ the Li~=~:y Sy:t==- Impac~ Fee. vords~are added~'vords ;~r;:~:~h:;~ are deleted. -3- 2. The p,tition for refund shall be ,ubmittad to the Library Director and shall containx "' (a) A netarized sworn statement that the petitioner is the then current Owner of the property on behalf of which the Impact Fee was paid; (b) A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee; (c) A certified copy of the latest recorded deed; (d) A copy of the most recent ad valorem tax bill. 3. Within three (3) months from the date of receipt of a petition for refund, the Library Director will &dries the petitioner and the Board of the status of the Zmpact Fee requested for refund, and if such Zmpac~: 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, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. F. Any Owner entitled to a refund who ~eils to ~lS a timely ~etition for a refund u~on becomin~ alicible to do se shall be deemed to have waived anv claim for a refund, a~d the ~ounty shall be e~titled to retain ar~l ~t~lv the Impact Fees for ~rowth necessitated caoital improvements aMd a~ditio~s to the ~ountV Library System. 2~CTZONTWOI Amendment to 2setion ~.~4 of Collier Count~ Ordinance No. II-eT~ as amended Section 3.04 is hereby amended to read as follows: Section 3.04. Affordable Housing A. Pursuant to the guidelinel 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 Library System Impac~ Construction which qualifies as Affordable Hous~ng under Appendix A of this Ordinance. words lHl~XlJa~are added; words =tr~ck thrcug~ are deleted. -4- (1) Xny person seeking an A~rordable Housin~ waiver or defertel for proposed Library System' Impact Construction shall file with the County Manager an Application for waiver or defertel, .prior to receiving s Building Permit for the proposed Library System lapact Construction. The Application for waiver or deferral shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Library System Impac~ 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 D~slling Unit will be sold or rented7 (d) The number of bedrooms in each Dwelling Unit the Library System Impact Construction. (2) If the proposed Library ~stem Impac~ Construction Beets the requirements £or an A£fordable Housing waiver or defertel as set forth in this Section, then the County Nanager shall issue an Impact Fee waiver or defertel, as applicable, to the O~ner 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 o~mer-ocoupied Dwelling Unit must meet all of the following criteria z (1) The O~mer(s) or anticipated OwnsriOl Of the Dwelling Unit must have a very lo~, lo~, or Boderate income level, at the time or issuance or the ~act Fee waiver ~ as those terms are defined in Appendix A~ and the monthly payment to purchase the unit must be within the Affordable Housing ~uidelines es~ablished in Appendix A. D~ellin~ Uni~ 0hall aualif_Y as o~ner-occuDied i~ a lease-~urchass aoreement is in effect at the date words ~ are added~ words s~aek-~~ are deleted. -5- issuance o~ the T~act tee vaivar or de~srral thirty (301 days thereo~ and viehim framer-four (241 months ~ru the date o~ is~ance o~ the ce~i~lcate o~ oc~an~ or the exertion o~ the lease-~rchase a~e~en~. ~ichever is beer. the option to ~rchase is exercised and the ~urchaser takes ~ershiD o~ the hellins Unit, Zr the purchaser fails to ~rchase the ~elline Unit viehim the tventv-~our f241 month peril. then the vaived or deleted Z~a~ Fee ~st ~ i~ediatelv re, aid unless the ~ellinQ Unit is sold to another ~alifvina ~er. (2} ~e ~er, or if there is more than one ~er, one ot ~e ~ers, ~t ~ s first-time h~e hyer. To ~ali~y as a first-time h~e ~er, the ~er ~s~ not have had an ~ership interest in ~ ~ prie~ residence in the past ~ee (31 years. (3) ~e ~elling ~it ~st ~ ~e h~estead ot the ~sr(s). · . (4) ~e ~ellin~ ~it ~st rein Affordable H~sing for fifteen ~ years fr~ ~e date a ce~ificate of ~panq Is is~ for ~e ~elling C. To ~alify for an I~a~ Fee defe~al, a ~elllng Unit offered for rent ~st meet all of ~e fo11~ing ~iteria$ (1) ~e h~sehold renting ~ ~e111ng Unit ~st have a ve~ 1~ or 1~ lnc~e 1~el, at the c~enc~ent o[ the leasehold and durine the d~ation thesol. as ~ defined In Appendix A and the amount of rent ~st be wl~ln ~e Affordable Housing ~idelines established Appendix A. (2) ~e ~e111ng Unit ~st h the household's pemnent residence. D. All Impact Fees deleted for ~er-oc~pted ~e111ng Units at ~e time ~e Building Pentt was issued shall bec~e due words ~ are added~ words ............... are deleted. and payable and shall be iuediately repaid to the County upon the sale of the Dwelling Unit 1;~, a non-~ualified _~urchasar provided, however, if the Impact Fee defertel was paid with State Housing Initiativel Partnership [SliIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For the _vurooses of this Section 3.04. a non-qualified purchaser is a Persor~ who does not satisfy the Affordable Housin~ criteria set forth in subsection B above or a Person who does not acres to the tens of the waiver or defertel of i~oaC= fees a~reement. E. The 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 ~ ~ ~ e~ %be ~ ~ the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen fl~l years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit 4e Be% M%~44ee~ ee ~Jee4eb~e ~ e% is sold or transferred to a non-qu_alified marchaser during ~he fifteen ~ year period after the cor~'.ficate of occupancy is issued for the Dwelling Unit, If the 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 · ee %be full 44 yeee pex4e4 in comDlisnce with Section 3.04 of this Ordinance for fifteen f151 veers a~ter the date the certificate of occupancy_ is issued for the Dwellins Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit mhall be released. G. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied words ~ are addadS wora~ =tr;=h ~.~r;=g~ are deleted. : ,0. 5o or rental AZfordebls Housinq Dvsllinq Unit shell percentage set forth in Appendix A. The Impact Fees waived or deferred shall b~ a lien on the property until all requirements under this Section have b~en satisfied. R. /1l Annually, the Ovner of 4~ ~ Dwelling Unit shall provide to the County Manager an a£ftdavit 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. I[ the income o[ any unit tenter which oTiainallv ~uali[ied as very level as defined in AD~endiX A exceeds the A[fordable Housina ~enefit standards set [ort~X in APPendix A bY more than lorry Dercent {40%1. then the de[erred Impact Fee shell become immediately due and uavable by the O~ner Or. in the altemative. the Ow~er shall have ninety fg0~ days to ~om~lv with the affordable Houstn~ standards set [orth in Appendix A. .{=} I[ the household income o[ the ~ualified ow~er-occuDied Dwelli~a Unit rises above the benefit stanaards for waivers e~d de[errals set [orth tn ADDe~di~ A. the Ow~er shall maintain the waiver andfor defertel. Notwithstandin~ the [ore~ot~. all ogtstan~tn~ ImDac~ Fees waived oT deferred shall be reI~aid ~ull upon sale or transfer o[ the Dwellina Unit to a non-~ualified _~urchaser~ except [or w.aived Impact Fees where the ~wner has complied with the Affordable r.~usin~ criteria set [or~h in Section 3.04 for liftsen {15) years after the issuance cert~ficate o[ OC~Da~. I. ~e ~er receiving sn I~a~ Fee waiver or ~efe~al shall enter into an i~s~ fee age~ent with the C~nty which age~ent shall pr~lde for, at a minis, the fo11~i~g and shall fur~er include ~ch provisions de~ed necessa~ ~ the ~ ~ to effe~uate ~e pr~isions of this Se~ion= (1) ~e legal des~iption of the ~elling Unl~. (2) ~ere an Impact Fee waiver or deferral an ~er who will ~ selling or renting the ~elling. Unit to words ~ are added$ words s=r~ck ~hr==;~ are deleted. -S- i".' a st~bsequen~ puzchaser or tenter, the Library System Zmpac~ · Construction must be sold or rented ~o households msstin~ the criteria set forth in this Section in order to maintain the Waiver or dsfsrral, lapact Fee waivers or defertale paid for with State Rousing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Xppendix X qualifications and approval prior to Building ~srait issuance, X D~Vllin~ Unit shall ~ualifv as c~rner-occu~_ied if a lease-~urchass a;reement is in effect at the da~e Of isiuancs of the Zm~act Fee waiver or deferral o~ Within thirty (301 days thereof and within twenty-four (24[ months from the date of issuance of the certificate of ~ccuOancv or the execution of the leass-~urchass aarssmsnt.. whichever is lstsr. the o~ticn to ~Jrchass is exercised and the ~rchassr takes ownerIbis or the Dvstlinu Unit. Zf the Rutchaser fails to ~rchsss the Dvsllinu Unit within the ~vsn~;y~four (241 month eeriod. then the waived or deferred Z~DaCt Fee ~st bs re~aid i~edtatsly unless the Dvsllina Vnit is sold to another cmalifvin~Ovner. (3) For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the ~ransrar to a non-aualified ~urC~aser, Z~ Impact Fees were paid with State Rousing Znittativel Partnership [SHZP] Program funds, repayment will be made to the Collier County a~fordable housing trust fund. For rental units~ the Zmpact Fees deferred shall be repaid upon ea4~r ~ the · discontinuance of use of the Dwelling Unit as Xffordabls .; Housing or fifteen Lt~ years from the issuance o£ a certificate of occupancy, whichever occurs first. ~ves words~are added~ words eSe~k-%h~see~h are deleted. -9~ (4) Fo~ ernst-occupied Dvsllin~ Units vhsrs Xmpsc~c Fees have been vaivsd, the Dvslling Unit must be utilized by the oriainaZ ~ualifytna Ovner. or 8ubse~agent ~uali~vina ~urchaser. ~ee as Affordable Housing in compliance vith Section 3,Q4 o~ this Ordinance for a fifteen ~ year period after ~he cer~ificate of occupancy is issued and if the Dvelling Unit assess 4~ be earl-lead ~ee 4ma~ Isse~ese is sold to a non-~ualifvina ~rchaser, the Zmpac~ Fees shall be repaid to the County, Zf Zmpac~ Fees vers paid vith State Housing Znitiativsl Partnership [S~Tp] Program funds, repayment rill be Bade to the Collier County a£fordabls housing trust fund. BYes 4~eegh ~he N Pets have bess (5) The deferred and/or vaivsd zmpac~ Fees shall be a lien on the property vhich lien Bay be foreclosed upon in the event of non-compliance vith the requirements of the agTesmsnt. The a~rssmsnt dsscribed hersin shall o~erats as s lien aaainst the Dvelline Uni~, .... The lien shall tarminers upon the racerdine o~ a release or satis~ac~ion o~ lien in the ~ublie records o~ Collier County. Zn the case of s vaiver. such feZease or satisfaction shalt be ~iled ~irteen years attar the issuance or the cer~i~icats o~ occupancy _provided ernst ac~ed in compliance vith the aa~ssmsnt GV ~vnent. Zn the case o~ a deferfeZ. such releass shall be recorded upon repayment. vords KCKillL1JJlid are added; vords :~.;-;:~ ~::~ are deleted. f6l ~nnuallv. the Ovner of ~he a rents1 Dvsllina Unit shall vrovide to the County ~anaaer an a~idavi~ c~lia~ce with the ~iteria se~ fo~h in this Section. An a~idavit ~st ~ ~iled vithin thi~v [301 days o~ the anniversa~ date of the issuance of a ce~ificate oc~Dan~. If the inc~e of any unit tenter which originall~ ~alified as ve~ 1~ or 1~ inc~e level as defined in A~endix X exceeds the Affordable H~sina ~nefit standards set fo~h in A~endix X ~ more than fo~v percent ~0%~. then the defe~ed IEa~ Fee shall ~c~e inediatelv due and oarable ~ the ~er or. in the sltemative. the ~er shall have ninety /90~ dave ~o e~lv with the aff~dable H~sina standards set f~h (7) ~n satisfa~o~ c~letion of the agesent r~lreents, ~e C~nty shall record any necessa~ d~en~tion ~idencing s~e, including, ~t not lhited to, a release of lien. (8) ~e agesent shall ~ binding ~n ~e ~er's ~essors and assi~s. (9) ~e agesent ahall ~ recorded in the Official Records of Collier County. ~. ~e ~o~t of I~a~ Fee wal'~ers and deferale ~anted ~rsuan~ to ~ls Se~lon ahall ~ limited, in total, to the am~nt a~r~riatsd ~ ~e Board ~ ~ ~ final ~1t0 hearing regarding ~e ad~tion of the annual County ~dget and ~e am~nt allocated to I~act Fee waivers and deferale In ~e Collier County H~stng Assistance Plan, as established ~ County ~dlnance No. 93-19. I~a~ Fee waivera and deferale ~rsuant to this SeXton shall ~gtn in the 1993-94 fiscal year or earlier u~n receipt of S~te Housing Inttiatlve2 Pa~nership [~IP] ~am funds. ~ ~ ~ ~ ~ e ~ ~ ~ ~ All I~a~ Fees vaived or de[erred shall ~ Daid ~ the Board into the Libra~ ~stem Impact Fee ~st Account within six ~6~ years [r~ the date of ,oo, 065,, , 54 words ~ are added~ words =~r~:k ~===~ are deleted. the award of a waiver and/or deferrer as orovidsd hereino 5ut in Xl~ se later than that tins when that amount is needed for s project funded by those Impact Fees waived or deferred, The Board shall DaY into the Library System I=oact Fee Trust Account such amounts e~ual to any Impact: Fees previously waived or deferred by the Board or oreviouslv e~e~Dted Or reimbursed by the Board within si~ f61 years from the da~e of such waiverL deferral. exemption or reimbursement. bu= i~ no event later than the time such amounts are needed for a ~r0tect funded bv those Impact Fees waived. deferred. exempted or reimbursed. Waivers and deferrain shall be issued An the order that completed qualifying applications are received by the County Manager, At least forty percent {40%1 of the amount budgeted for Impac= Fee waivers and/or deferrain must be utilized to fund lmpac~ Fee waivers and/or deferrain for single family owner-occupied Dwelling Units serving the very low and low income levels end X, Any changes or amendments to Appendix A 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 Library System Impact: Construction proJec~ which consists of a Mobile Home, SECTION TXRIII AmendRent to Seerion 3.08 of Collier County Ordinance So, 18-97 Section 3.O8 of Collier County Ordinance He, 88-97 ia hereby amended to read ae follows: Section 3.08, Review Requirement, A, This Ordinance and the Zmpact Fee Study shall be reviewed by the Board initially in connection with its approval of the capital improvements element of its Comprehensive Plan as required by Section 163,3177~ Florida Sta~u~es, Thereafter, this Ordinance and the Zmpact Fee Study shall be reviewed at least ,0. 065 ,,,,... 55 verde ~ are added; verde :~,r~c:: ~,~r;u;~ are deleted. -12 - eeeeel-l-y every tvo (21 _years. The initial and each a-emaa~ reviev shall consider n~ satiates o~ p~latLon 'per h~sehold, costs related to the a~isition o~ land, ~ildings and Colle~ion Itos for the C~nty Llbra~ SysCo necessitated ~ ~h and adJusUentl to the samions, conclusions or findings set in the study adored ~ Section L04, ~e purees o~ this rmvi~ Is to ensure ~C ~m Ll~a~ 2ysto Z~a~ Fees do not exceed ~m reasonably anticipated costs ass~iated vith the l~rovumntl necessa~ to o~leC ~m demand generated ~ ~e Li~a~ Systo Z~a~ Const~ion on ~e C~nty Li~a~ System. In ~m ~enC ~e revl~ oZ the ~dinancm retired ~ this Se~ion alters or changes ~m as~tions, conclusi~l and Zindings oZ the stud~ ad~ted ~ re~mrencm In Se~ion 1.04, revises or chan~es the C~nty Libra~ Systo ff alters or changes the saint o~ Fees, ~m stud~ ad~md ~ rl~lrencm in Section 1.04 shall amended and u~ted to refle~ the ass~tions, conclusions and ~lndin~s o~ ~ch r~l~s and sm~ion 1.04 shall h amended to adopt ~ reference ~ch u~ated studies. ::: B. S~ltane~s vi~ ~m ~ revi~ o~ ~e I~a~ Fee Study retired in Subse~ion X o~ ~im Se~ion, the Board shall review ~e capital ~r~ents element for availab~l~ty and ade~aq of revenue s~ces to ~r~nts and add~tions to thn C~n=y L~a~ dete~ned ~n the I~a~ Fee Study to ~ re~red to accurate existing develo~ent. S~I~ FO~t ~en~ent to append~z A of ~ollier testy Ordimco Me. 18-97~ as uendod Appendix A is here~ amended to read as foll~sz ~P~DIX A AFFO~ABLE HOUSING DEFINITIONS~ B~EFIT ST~S ~ ~D LIHITA~ON~ ~e following set fo~ the applicable definitions and ~nefl~ standards for Affordable Hous$~g ~elli~g Units for ~e of deterthing eligibility for Impa~ Fee waivers and deferale (herein referred to as "benelites), I, DEFINITIONS OF AFFO~LE HOUSING INCOHE GRO~S a) Ve~ 1~ tnc~e fam$11es means those families whose Inches do no~ exceed fifty percent ~50%~ of the median lnc2e words ~ are added$ words ....... ' ...... are deleted, tot the area as determined by the Secretar~ of the g.S, Department of Rousing and Urban Development (area median income). b) Low income families means those families whose incomes are more than fifty oercent (50%~ and do not exceed l/~ 160%1 of the area median income as determined bv the Secretary of the U.S. Department o( Housinc and Urban Development (area median i,c~e~. c) Moderate income families means those families whose incomes are more than stx~cv 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 Rousind and Urban Development (area median income). 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 percent 130%1 of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housinu Finance Aaencv for rents adjusted to bedroom size in Dro~ects assisted under the SAIL Loan Promram or the Low Income Housinc Tax Credit Proaram based on unit size. II BENEFXT STANDARDS a) Affordable Rousing owner-occupied Dwelling Unite which exclusively serve very low income families and which are the owner's homestead shall have one hundred netcent (100%1 of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. h) Affordable Rousing 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 fifty merceqt (50%1 of the applicable Impact Fees waived and have fifty percent (5C%1 of the applicable Impact Fee deferred pursuant tot he terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve low income famili%e shall pay ~ 150%1 of the applicable Impact Fee, and shall have 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 ovner's homestead shall be required to pay seventy-five netcent 175%1 of the applicable Impact Fee, and shall have percent (25%1 of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. f) Library Facilities System Impact Construction which meets the criteria set forth in Subsections b and c of Section 3.05 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 netcent (100%1 government funded shall have one hundred Dercent f100%1 of the Impact Fees for that construction waived., pursuant to the terms of the Impact 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. words ll~h~till2~ara addedl words :~r=~: ~hr:=~R are deleted. The provisions o£ this Ordinancs ' shall be liberally construed to effectively carry out its purposes in ths interest of publio health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is ~or any reason held invalid or unconstitutional by any court of competen~ ~urisdic~ion, such portion shall be deemed a separate, distinc~ and independent provision, and such holding shall no~ affect the validity o£ the remaining portions thsrso£. IECTXO2 IZXs I££sotive Date This Ordinance shell become effective upon rscsip~ of notice £rom the Secretary of 2tats that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board o~ County Commissioners o~ Collier County, Florida, this //~_ day 1994, ../;#,.~, . ' .......,, , lena l' ,su~flcisnc7 x ,oo, U65,, c 58 words~are addadS words e~-eek-eaee~tare deleted· STATE OF FLORIDA COUNTY OF COI. LIER l, DWIGHT I. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy Ordinance No. 94-5 which was adopted by the Board of County Commissioners on the 16th day of February, 1994, during Special Session. WITNESS my hand and the official seal of the Board of County Cosaissioners of Collier County, Florida, this 24th day of February, 1994. D~T z. BROC~ Clark of Courts and Clerk ~l~.:. ,. " Ex-officio to Board of ' .'~f.. -~, County Commissioners Deputy Clerk I.". :~.