Ordinance 94-06 . ORDINANCE NO. 94-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO, 22-96, AS AMENDED BY ORDINANCE ROo 91-39,
FURTHER AMENDED BY ORDINANCE NO, 92-29, AS
AMENDED BY ORDINANCB NO. 92-97, AS
AMENDED BY ORDINANCE NO. 93-52 RELATING <' r~,
THE COttIER COUNTY PAI~S AND RECREATIONAl,
ELITIES IMPACT FEE ORDINANCE; AMENDING ';a -' "
2.02 AND SECTION 3.02, PROVIDING FOR
OF PROVISIONS RELATING TO USE OF
IES; AMENDING SECTION 4.05, PROVIDING FOR
0IFICATION OF PROVISIONS RELATING TO
FFORDABLE HOUSINGS PROVIDING FOR HODIFICATION
OF APPENDIX I; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
W~EREAS, the Board of County Commissioners of Collier County
on December 13, 1988 enacted Callter county Ordinance No. aS-96,
establishing a Parks and Recreational Facilities Impact Fee
Ordinance S and
WHEREAS, the Board of County Commissioners of Collier County
on Hay 22, 1991, enacted Collier County Ordinance No. 91-39,
amendinq Ordinance No. 88-96; and
WHEREAS, ths Board of County Commissioners of Collier County
on May 6, 1992 enacted Ordinance No. 92-29, which amended Collier
County Ordinance 88-96; and
WHEREAS, the Board of County Commissioners of Collier County
on December 16, 1992 enacted Collier County Ordinance No. 92-97,
amending Ordinance No. SS-96; and
WIrZREAS, the Board of County Cox=lssionars of Collier C~unty
on August 10, 1993 enacted Collier County Ordinance No. 93-52,
amending Ordlnancs No. SS-96.
WHEREAS, the Board of County Commissioners of Collier County
is desirous of amending the provisions of Ordinance No. 28-96, as
amended, relating to af£ordable housing.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that=
BICTIOll olr~s amendment to Section ~.02 of Collier County
ordinance No. as-aS, as amended
Section 2.02 of Collier County Ordinance No. 88-96 is hereby
amended as follows=
Section 2.02. Use of Honies
,o. 065 -,, 60
.~.
Words ]all~fElJaBa are added; words ='.:-;c~ ~hrcu;,~. are deleted.
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a. The Board hereby establishes a separate trust account
for the Rs/io.n. al Park Zmpact Fses~ to be designated as the
,Regional Park Zmpact Fee Trust Accounts which shell
Reinrained separate and apart from all other accounts of the
County, All such Regional Farm Xmpact Fees shall he deposited
into such trust account immediately upon receipt.
b. The monies deposited into the Regional Farm Zmpac~ Fee
Trust Account shall be used solely for the purpose of providing
ffrovth necessitated capital improvements and additions to the
Regional FarMs within the County including~ but not limited
l, Design and construchion plan preparation;
2, Fersitting and fees;
3, Land and materisis scquisition including any costs
of acquisition or condemnation;
4 · Construction and design of improvements and
additions to Regional Parks;
So Design and construction of nsv drainage facilities
required by the construction of improveseats and additions
Regional Parks;
6, Relocating utilities required by the construction
of isprovssents and additions to Regional FarMs;
7. Landscaping;
S, Construction management and inspection;
9, Surveying, soils and material testing;
10, Acquisition of capital squllmsnt for Regional
Parks;
ll. Repaysent of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which vers used to fund any of the ffro~th
impacted improvements or additions as hersin provided;
12. Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indsb%edness issued by the County to fund ~rov~h impacted
improvements and additions to the Regional Parks subsequent
to the adoption of this Ordinance; and
Words ~ are added; words :'-r~:~ '-~::=~.~. are deleted.
due an ~licant ~rsuant to Se~ion 4,08 ~ ~ ~ ~
14 · Deei~ and cone~ion oZ roadway
re~lr~ ~ ~ional Park
15, To ~e e~en~ F~ided ~ la~, rei~rsemsn~ or
reE~d o~ costs in~ed ~ ~e C~y in ~he preparation
a~ ~ts to ~s I~a~ Fee Study ad~ted ~r~ant to
se~ion 2,04 and a~y amendants or ~ppl~ents adopted
~rsuant to 2e~i~ 4,09 and any o~er a~inistrativs costs
in~ed ~ the C~ty,
~ds on de~sl~ In ~e R~io~al Park rmpa~ Fee ~s~ Acc~n~
shall not ~ used Zor an~ e~enditure tha~ ~ld ~ classiZied as
a maintenance or r~air
o, ~e m~les de~s~tsd ~nto ~e Regional Park l~a~ Fee
~st Acc~t shall h used solely to finance i~r~aents and
additions to bgional Parks retired ~ ~ as pro~e~ed ~n
~e Z~a~ Foe Study.
d. ~ ~ds on deCsit which are not i~ediately necessa~
~or e~e~it~e s~ll h invested ~ ~e C~ty, All inc~e
derived Zr~ ~ch investonto shall h deCsited in ~e R~lonal
Park Z~a~ Fee ~s~ Account and used as pr~ided heroin,
the e~O~ Ui~itted ~ lay. any interest ac~ed on Reolonal
Park ZmDa~ Fees ~ich Is not nea4H for i~r~ements and
additions to the Regional Parks may. at the dis~etion of the
Eoard, be used to fund waivers or defe~a~ or Regional Park
ZmDact Fees pursuant to Section 4.0~ of this Ordinance.
e, ~e Regional Park Z~act Fee colle~ed ~rsuant to this
Ordinance shall h returned to the ~en ~ent ~er oZ
prope~y Zor which such ZoI was paid i~ such ~oes have not been
e~ended or en~rod prior to ~e end o~ the ~iscal year
l~ediatoly ~oll~ing ~e sigh anniversa~ o~ ~e date upon
which such ~ees were paid. Re~und~ shall be made only in
accordance with the Zoll~lng precedes:
~ords ~ are added~ words :t~c~ th=:u~ are deleted,
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!;~ l. The then current Owner =ust petition the Board for
the refund prior to the end of the fiscal year immediately
.' foil,vine the ,ixth anniversary of the date of the payment of
; the Re~ional Park Xspact Fee.
2. The petition for refund ,hall be ,ubmitted to the
parks and Recreation Director, and ,hall contain:
a) A notarizsd sworn statement that the
:' petitioner is the then current Owner of the property for
,,
'~:~ 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
,~:, .; c) A certified copy of the latest recorded deed;
~.;~ and
, d) A cc~y of the Best recent ad valoram tax bill.
J. Within three (3) months from the date
~:. a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the s~atus cf the
Impact Fee requested for refund, and if such Xmpact Fee has
..
' not been expended cr encumbered within its 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 ~n the basis of the ~Arst fee An shall
be the first fee out.
f. Xnv Owner entitled to a refund who fails
timely netiticn for a refund u_uon hecomin~ eliaibla to
/
r shall be deemed to have waived any claim for a refund. and the
~:'
: County shall be entitled to retain and a~lv the Impact Fees for
_crowth necessitated canital lmnrovements and additions to the
County Ite_~ional Park System.
SECTBOll TWOS Xasndment te Section 3.02 of Collier County
Ordinance No. IS-IS, as amended
Section 3.02 of Collier County Ordinance He. 88-96 is hereby
amended as follows:
BOOK
word, ]~ are added1 words ~ are deleted.
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a, The Board hereby establishes separate trust accounts for
the Cosmmnity Park Xmpac~ Fees, to be' designated as the
wZmsokalee C~mmunity Park Zmpac~ Fee Trust Account"# wMarco
CoRmunity Park Impac~c Fee Trust Accountw, and wNaples and Urban
Collier County Community Impact Fee Trust Account", which shall
be maintained separate and apart: from all other accounts of the
County, All Community Park Zmpac~ Fees shall be deposited into
the respective Courtunity Park Zmpac~ Fee Trust Account
l--ediately upon receipt,
b. ~he nonice deposited into the respective Community Park
Zmpact Fee Trust Account shall be used solely for the purpose of
providing grouch necessitated capital improvements and
additions to the Community Parks within that Com~uni~ Park
District including, but not limited fox
1. Design and construction plan praparattonl
2. Permitting and fees/
3. Land and materials acquisition, lncludtn~ any costs
o~ acquisition or condemnation;
4. Construction and design of improvements and
additions to Community Parks~
5. Design and construction of new drainage facilities
requlred by the construction of improvements and additions to
Ccmnuntty Parks~
6. Ralocatlng utilities required by the construction
o~ Improvements and additions to Community ParksX
7. Landscaptnq~
S. Construction management and lnspectton~
9. Surveying, soils and matarlal testtngy
10. Acquisition o~ capital equipment for Communtt~
Parks;
11. Repayment of monies transZerred or borrowed ~rom
any budgetary Zund of the County subsequent to the adoption
of this Ordinance, which were used to fund 9rowth impacted
improvements or additions as herein provided;
Words~are added~ words =~r==~ ~hr==~h are deleted.
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X2. Paysent of principal and Anterest, necessary
reserves and costs of issuance under an~ bonds or other
indebtedness issued by the County to fund ~ro~h impacted
lsprovmnts end additi~s to C~nity Parks subse~en~ to
the adoption ot thle ~dinance~ and
13. Rel~suen~ ot excess C~ni~ Park ~mpa~ Fees
due an X~li~nt ~ant to Se~ion 4.08 e ~ ~
14. Desi~ and cons~ion o~ roadva~ improvemen~s
r~ired ~ C~i~ Park ~Zacili~ies.
~5. To ~e e~en~ pr~ided ~ lay, rei~rsemen~
refund o~ costs inked ~ ~he C~n~y in ~e preparation
an~ u~a~e ~0 ~e lmpa~ Fee S~udy adopted ~rsuan~ ~o
Se~i~ ~. 04 and a~ amendments or s~l~en~a a~ed
~an~ ~o Bedion 4.09 and any o~er a~lnis~ra~ive
~da on d~sl~ in ~e re~e~lYe C~i~ Park l~a~ Fee
~s~ Xc~s shll no~ ~ used Zo: any e~endl~e ~a~
~ classiZied as a ~in~enance or repair e~ense.
~. ~e ~ne~ deCEiVed into ~e C~i~ Par~ l~a~ Fee
~s~ Acco~ shall ~ used solely to praise i~r~emen~s or
additions ~o C~l~y P,ks vi~in ~e C~i~y Park Dls~rl~
~ra ~ich l~ vas colle~ed and ~ich is re~i:ed ~ ~h as
provided in ~he r~a~ Fee S~ud~.
d. ~ Zunda on deposi~ ~ich are no~ iuedia~e~ necessa~
Zo: e~endi~u:e shall ~ ~nves~ed ~ ~e Coun~. All inc~e
derived Zra such inves~en~s shall ~ deposited
respe~ive C~i~y Park Zmpac~ Fee ~s~ Accounts and used as
pr~ided herein. To ~he e~en~ ~e~i~ed ~ lay. any in~eres~
ac~ed on C~unl~v Park ~a~ Fees ~ich is no~ needed
im~ements and a~itions to the C~ni~v Parks may. a~
disc~e~ion o~ ~he Board. be used ~o fun~ vaive:s o: defersis o~
Co~ni~v Park ~m, ac~ Fees ~,~sua~ ~o Section 4.05 o~
.. 065,,c[ 65
Words ~ are added~ words -'----~ '~ ...... are deleted.
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e. The CoBsunity Park Ze~act Fee collected pursuant to this
Ordinance shall be returned to the then current owner of the
property for which such fee was paid if such fees have not been
expanded or encumbered prior to the end of the fiscal year
inmediately following the sixth anniversar~ of the date upon
which such fees were paid. Refunds shall be made only in
accordance with the following proce. dureg
1. The then current O~mer must petition the Board for
the refund prior to the end of the fiscal year immediately
following the sixth anniversary of the date of the payment of
the CoRmunity Park Zmpact Fee.
2. The petition for refund shall be submitted to the
Parks and Recreation Director, and shall containt
a. X notarized evorn statement that the
petitioner is the then curtsar Owner of the property for
which the Impact Fse 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 feey
c. A certified cop~ of the latest recorded deed~
and
d. Jt copy of the most recent ad valeram tax bill.
3. Within three (3) mon~ from the date of the
receipt of a petition for refund, the Parks and Recreation
Director will advise the petitioner and the Board of the
status of the Trapact Foe requested for refund, and if such
Impact Fee has not been expanded or encumbered within its
applicable time period, then it shall be returned to the
Petitioner. For 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 fes out.
f. Any owner entitled to a refund ~ho fails to file a
timslav petition for a refund upon becomina eliaible tO do so
shall be deemed to have waived any claim for a refund. and the
Words ~ are added~ words :'.r~c~ ~hr:~.% are deleted.
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County shall be entitled to retain and auolv the Tmoact ream for
orovth necessitated saDits1 imorovements and additions to the
County Community Park
SECTION THXL~I amendment to Bastion 4,0S of Collier Count~
Ordinance No. 22-96, as amended
Sec~cion 4.05 is hereby amended to read as follo~s=
X. 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 Parks and Recreational Facilities Impact Construction
which qualifies as Affordable Housing under Appendix I of this
Ordinance.
(1) Any person seeking an Affordable Housing waiver or
deferral for proposed Parks and Recreational Facilities
Impact Construction shall file with the County Manager an
Application for waiver or deferral, prior to receiving a
Building Permit for the proposed Parks and Recreational
Facilities Impact Construction. The Ap~lication for waiver
or deferral shall contain the follc~ingx
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Parks and Recreational
Facilities Impac~ Construction shall be constructed;
(c) The income level of the Owner or if the Owner
is a builder, the income 1,~vel of the household to
which the Dwelling Unit will be sold cr rented7
(d) The number of bedrooms in each Dwelling Unit
of the Parks and Recreational Facilities Impact
Construction.
(2) If the proposed Parks and Recreational Facilities
Impact Construction meets the requirements for an Affordable
Housing waiver or defertel as set forth in this Section,
then the County Manager shall issue an Impact Fee waiver or
defertel, as applicable, to the. Owner or Applicant. The
Words~are added~ words =~r~=~ ~hr=ugh are deleted.
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Impact Fee waiver or defertel shall be presented in lieu of
payment of the Impact Fee l~rsuant to Section 2.02°
I. To qualify for an Impact Fee waiver or defertel, an
ownsrooccupied Dwelling Unit must meet all of the following
(1) The Owner(s) cr anticipated Ovner~s]. of the
Dwelling Unit must have s very low, low, or sodsrats income
level. at the time of issuance of the Impact Fee waiver or
~ as those terms are defined in Appendix I~ and the
monthly payment to purchase the unit must be within the
Affordable Housing 9didslimes established in Appendix
Dwsllin~ Unit shall _~alify as evnsr-occu~ied if a
_lsass-_~urchass s~reemsnt is in effect at the date of
issuance of the Z~a~ Fee waiver or dsfsrrsl or within
thirty ~30~ days thereof. and within twenty-four ~241 months
~om the data of issuance. Of the certificate of oc~VDancv or
the execution of the lease-~rchase a~reement, whichever is
la~er. the oution to _~urchase is exercised and the ~urchaser
takes ~ershiD of the DwOIlinQ Unit. If the ~2~chaser
fails to ~urchase ths Dwelltn~ Unit within the
~241 month ~ariod. then the waived or deferred Im_~act Fee
must bs immediately repaid unless the D~elline Unit is sold
to another ~ualifvinoOwner.
(2) The Owner, or if there is sore than one Owner, one
of the Owners, must be a first-time home buyer. To qualify
as a first-time home buyer, the Owner must not have had an
o~narship interest ln4~hl2Zhilpr~maryresidsnce in the
past three ~31 years.
(3) The Dwelling Unit must be the homestead of the
i,!. Owner (s) ·
':. (4} The Dwelling Unit must remain Affordable Housing
for fifteen ~ years from the data a certificate of
~; occupancy is issued for the Dwelling Untt~, unless the
· Impact Fee is re~aid..to the County.
Words landmLtln~ are added; words :~=;:~ ~hr:~;~ are deleted.
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C. To quall£y for an Xmpact Fee defertel, s D~sllin~ Unit
offered for rent must meet all o£ the follo~in~ critsria~
(1) Thl household rentin~ the D~sllin~ Unit must hays
a very low or low income level, at the commencement or the
leasehold and durtn~ the duration thereof, as
fil3 defined in Appendix I and the amount of rant must be
vithin the ~fordable Housi.n9 9uidslinss established in
Appendix I.
(1) Thl D~ellin~ Unit must be the household's
permanent residenct.
D, All Xmpact Fees deferred for o~nsr-occupied D~ellin~
Units at the time the Bulldtn~ Permit was issued shall become due
and payable and shall be immediately repaid to the County upon
the sale of the D~sllin~ Unit to a non-aualiried ~urchaser
provided, however, If the Impact Fee defertel ~as paid with State
H~usin~ Initiative Partnership [SHIP] Program funds, repayment
will be muds to the Collier County affordable housin~ trust fund.
For ~ur~oses or this Section 4.05. a ~m_-~_alified purchaser is a
Person who does not satisfy the Iffordabls Housin~ criteria set
~orth in subsaction B above or a Person Vho does not a~ree ~o the
terms of the waiver or defertel or impact fees aareement.
S. The Impact Fees deferred for rental Dwellin~ Units at
the time the Buildin~ Permit was issued shall become due and
shall be immediately repaid to the County upon
~ ~ ~ e~ ~he ~ gn4~r the
discontinuance of use of the D~sllin~ Unit as Affordable Housing
or fifteen [15} years from the date of issuance of the
certificate of occupancy, whichever occurs ~irst.
065 ,at,
Words ~ are addsdl words :',:-~:~ ....... are daleted.
,o ~ny Zsps~ tess waived for an owner-occupied Dvslltn~
Unit at the time a Building Permit was issued shall become due
and payable and shall bs lnmsdiatsly repaid to the Count~ ~ the
t~ eold or ~=ane~e~ed ~o a non~alt~led ~=c~ase~ d~=tn~
fifteen ~ yea= pe=t~ a~te= the ce~l~lcate o~ oc~pan~
issued for the ~elltng Unl~. If ~e I~a~ Fee waiver was paLd
wl~ ~=ate ~s~ng In~tiat~ves Pa~nership [~IP] ~am funds,
repa~ent will ~ ~de to the Collier County affordable housing
t~st f~d. If ~e ~elling Unit ~s used as Affordable Housing
~ ~ f=l} ~ ~ ~ in c~Dliance with Section 4.05 of
this' ~dinance lot [i[teen fl~ years alter the date the
ce~ificate of oc~Dan~ is issued ~or the ~ellin~ Unit,
Impa~ Fees are no longer due a~d the lien on the ~elling Un~
shall ~ released.
S. ~e percen~ge of ~e total I~act Fee which shall be
waived or deleted ~ant ~o ~is Se~ion for an ~er-oc~pied
or rental Affordable H~sing ~elling ~ shall ~ the
percen~ge set fo~ ~n A~endix I. ~e I~a~ Fees waived or
deleted shall ~ a l~en on ~e prope~y un=~l all re~irements
~der ~s Se~ion have ~en satisf~ed.
N. ~ ~ually, the ~er of ~~ ~elling Unit
shall pr~de to ~e C~ty Manager an aff~davit of c~pliance
with ~e ~ter~a set fo~ ~n ~is Sect!on. ~ affidavit
~ f~led w~ln ~i~y fJ0) days of ~e a~lversa~ da~e of the
issuance of a ce~ificate of oc~panq. If the income of
u, it tenter which orl~inallv~ali[ied as very ~ or 1~
level as de[ined in APPendiX I exceeds the Affordable Housing
benefit standards se~ fo~h In ADDendi~ T ~ more than
percent {40%). then the deleted ImDa~ Fee shall bec~e
i~ediatelv due and Davsble b~ the ~er Or. i~ the
the ~er shall have ninety {90). da~s to COmPlY With the
Affordable Housing standards se~ forth in ApDemdiM I.
Words~ars added~ words ;~;~ ~;;;~ are deZa~ed,
(21 Zf the household ~neome of the aualif~ed
Dvelltn~ Unit rises above the benefit standards for vaivers and
detez-,~als set ~o~h In X~end1~ Z. the )at shall malntatn the
~a~ver and/~ de~e~al. Notv~thstandfn~ the ~oreao~nd. all
~tstand~nd I~a~ Fees waived or deleted shall be reoatd
[ull um sale or transfer o[ the ~e11~na Unit to a
non~al~[~ed ~rchaser. except lot va~ved X~a~ Fees where the
~er has c;l~ed w~th the Affordable R~s~n~ ~[ter~a set fo~h
~n Se~on 4.05 tot f)[teen ~151 Vears after issuance of the
ce~if[cate o[ ~uan~.
Z. ~e ~er receiving an I~a~ Fee waiver or defe~al
shall enter ~nto an ~mpa~ fee agedeat w~th the County which
ageneat shall ~lde for, st a mintu, the follytag and
s~11 f~her include ~ch pr~lsions defied necessa~ ~ the
~ ~ to effe~uate the pr~isions of th~s Se~onx
(1) ~e legal des~iption of the )e11~ng Unit.
(2) ~ere an I~a~ Fee waiver or defe~al ~s given to
an ~er ~o w~11 ~ selling or renting the ~elling Unit to
a s~se~ent ~chaser or tenter, ~e Parks and Re~eational
Fsc~l~ties I~a~ Const~on ~st ~ sold or rented to
h~seholds meeting ~e ~terIa set fo~ in ~is SeXton
order to maintain the waiver or de[e~al. I~a~ Fee waivers
or de female pa~d for wi~ S~ate Housing In~t~atives
Pa~nership [~IP] ~ funds w~11 only ~ granted
dire~ly to ~yers meeting A~endix I ~alificat~ons and
approval prior to Building Pemit issuance. A )elling Unt~
shall ~ali[v as ~er-oc~Died i[ a )ease-~rchase
a~eement is in e[[e~ at the date of issuance o[ the
Fee waiver or defers1 or within thi~v dave thereof, an~
within treaty-four f24) months from the date of issuance
the ce~i[lcate of oc~Dan~ or the exertion of the
lease-Purchase a~eement. whichever is later. the option
purchase is exercised and the purchaser takes ~ershiD of
the ~ellin~ Unit. I[ the ~rchaser Jails to Dutchass the
~ Words ~ are added~ vo=da ..... ~ ~ ...... are dele~ed.
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Dwellins anit within the tWenty-tour (241 month period. then
the..waived or deterred Impact tee must vii! be ee~
~e repaid immediately unless the Dye]line Unit is mold to
another eualit_vinaOvner.
(3} For ~vner-occupied Dwelling Units, the amount
Zmpact Fees deferred shall be repaid to the County upon the
transfer to a non~alified ~rchaser. l~ ~mpac~ Fees were
paid with State H~sin~ Inltiative2 Pa~nership [SHIP]
~am ~unds, repa~ent will ~ ~de to the Collier County
A~f~dable N~sin~ ~st ~nd. For rental units, the
Fees deleted shall ~ repaid upon ~ ~ the
discontinuance o~ use o~ the ~elling ~nlt as ~fordable
~sing ~ ~l~teen ~ years ~r~ the issuance
.ce~lflcats o~ ~pan~, ~lchever ~rs first.
{4) For ~er-oc~pied ~ellin9 Units where lmpa~
Fees have hen waived, the ~elliW~it ~st h utllized~
the oriainal ~ali~vina ~er. or s~bse~en~ ~ali~y~
~ ~ ~ AZrordable Housing in c~Dliance v~th
2e~iOn 4.0~ o~ this Ordinance Zor a Zi~teen ~ year
psrl~ aEtsr ~a c,~iricate o~ oc~pan~ Is issued and
sold to a non~alirvina~rchaser, the Zmpa~ Fees shall
repaid to the C~nty. ~ Impact Fees were paid with State
Housing Initiative/ Pa~nership [~lP] ~am funds,
repayant viI1 h made to the Collier County a~ordabls
housing t~st ~und. h ~ ~ ~ ~ h;v=
Words~ are addedy words~ are deleted.
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(S) ~he deferred and/or veined Zmpact Fees shall be a
lien on the property which lien may be foreclosed upon in
the event of non-cemplianca with the req~irementa of the
agreement, ~he a~reement des_~ibed herein shall operate as
a lien a~atnst the Dwelltrio Unit. ~he lien shall terminate
u~on the recordin= of a release or satisfaction of lien in
the Dublie records of Collier C~ntv. Zn the case of a
waiver. such release or satisfi;'cion shall be filed fifteen
years after the issuance of the ce~cificata of occ~JVanc~
=rovided Owner acecad in comDltance with the earcement
u~n reoavment, ~n the case of a dsferral, such release
shall be recorded u~on repayment.
[61 Xn~allv, the Owner o~he a rental Dvelltnq Unit
shall Drewida to the County Manager an affidavit of
comnlianca with the criteria se~Jorth in this Section.
affidavit must be filed within thirty 130~ days...of the
anniversary date of the issuance of a certificate of
occurericv. If the tncom& of any unit rantar which
orieinallv oualified as very low or low income hvsl as
defined in Aonandix Z exceeds the Affordable Housin~ benefit
standards set forth in Appendix Z by~more than forty.Vercent
f40i). then the deferred ZmVact Fee shall become immediately
due and nayable by the Owner or, in the alternative. the
Owner shall have ninety 1901° days to C~DIV with the
Affordable HousinQ standards set forth in Apoendix I.
,,0. 065,,- 73 '
Words~Z~tiL1JJ~are addad~ verde =~r;=~-~:=u~ are
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(7) Upon satisfactory completion o~ the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited
to, a release o£ lisn.
(8) The a~raemant shall be binding upon the
successors and assigns.
(9) The a~raamant shall. be recorded in the O~£icial
Records of Collier County.
~. The amount of Zmpac~ Fee waivers and da~errals
~ranted pursuant to this Section shall ba limited, in
to the amount appropriated by the Board ~ C=~z~
at 4~a~its final public haarin~ raVarding the adoption of
annual County budget and the amount allocated to Impact Fas
vaivars or dsrarrsls in the Collier Count~ Rousing AssiStance
Plan, am established by County Ordinance No. e3-19o Zmpac~
vaivars and dsfarrals pursuant to this Beckion shall begin
the 1993-94 Ziscal year or earlier upon racail~ of State
Housing Initiatives Partnership [SH~P] Program funds.
rm~ace hes v~tvad or deterred shall be ~aid by the Board into
the ~SgL~E~Sparks and recreational facilities impac~ fee
trust account viebin six f6~ years rr~m the date o~ th~ award
c~ a waiver and/or ~a~arral as ~rovide~ herain. but in no
event. ~e later than that time vhen that amount is needed for a
pro~ect funded b~ those ~mpact Faas waived or defsrred. The
Board shall ~av into the a~ro~rtats ~arks and recreational
racilitiem im~a~ tea trust account euch amounts e~ual ~
rm~act Fees ~raviouslv waived or da~er~sd by the Board. or
~rsviouslv a~am~tad or reimbursed by the Doard within six
years from the data o~ such waive~. datertel. exemption ~
reimbursement. but in no event. later tha~...the ~ime such
amounts are needed rot a ~ro~ect r~nd~d by those Tm~act
waivado deterred. exempted or reimbursed, Waivers and
dafarrals shall be issued in the order that completed
Words~are added~=words :~;:~ ~hr:~;~ are deleted.
-15-
~ualityin~ applications are received by the County Manager, At
least ~r~y percent ~40%l o~ the amount budgeted ~or Xmpac~ Fee
waivers and/or deferraZe ~ust be utilized to fund Yapact Foe
. waivers and/or defertale for single family o~nsr-occupisd
Dwelling Units servin~ the very low and low Income levels-e~4
X, Xny changes or amendments to Appendix I or the
miniram funding requirements adopted in this Section suet occur
· as an ordinance amendment at a public hearing of the Board of
County Commissioners occurring after 5:00
L, No Affordable Housing waiver or daferral shall be
~ranted for a Parks and Racreational Facilities Impact
Construction pro~sctwhich consists of a NobAle Home,
SF~TIONFOUIs~sendsent to Appendix X of Collier Count~
Ordinance No. II-ti~ as amended
Appendix I is hereby amended to read as
APPENDIX X
STANDARDS, AND LIMITATIONS
The fo11~wing set forth the applicable definitions and benefit
standards for Affordable Housing Dwelling Units for the purpose
of determin~ng eligibility for Impac~ Fee waivers and defertale
(heroin referred to as ~benefits").
I. DEFINITIONS OF AFFORDA~LE HOUSING INCOME GROUPS
a) Very low income families means those families whose
~ncomes do not exceed f~ftv peTcent {Z~%I Of the median income
for the area as determined by the Seoretary of the U.S.
Department of Housing end Urba~ Development (area median income}.
b) Low ~ncome families means those families whose ~ncomee
are more than [~[tV..~erce~t {50%1 and do not exceed~
160%1 of the area median income as determined by the Secretary of
the U.S. DePartment of ~ous~n~ add Urba~ Development (area median
c) Moderate income families means those families whose
incomes are more than s~tv percent [60%1 and d~ not exceed
e~htv Derce~t {S0%l of the area median income as determi~ed by
the Secretary o[ the U.S. Department of ~ous~n~ and Urba~
DeveloDme~ {area median ~ncome~.
For a Dwelling Unit to be determined to be affordable, the
monthly rent or monthly mortgage payment, ~nclud~ng property
taxes and insurance shall not be ~n eMcess of thirty percent
130%1 of the families household income. I..o i.stance
rental l~m~ts eMceed the rental l~m~ts established bV.~he Florida
~ous~n~ Finance Agency for rents a~u~ed to bedroom
Words ~ are added~ words :'.r---s~ ........ are deleted.
eroSsolos assisted under the SAIL Loan Prodram o~ the Tz~t Income
~ousina Tax Credit Prodram based on unit size.
a) Affordable Houeing o~ner-occupied Dvelllng Unitl vhich
exclusively se~-ve very low income families and which are the
avner's homestead shall have one hundred ~ercent [lOOt~ of the
applicable Impac~ Fee waived pursuant to the terms of the Impac~
Fee Ordinance,
b) Affordable Housing rental Dwelling Units which
exclusively serve very low income families shall have J~Zl_h~Dal~id
percent (100%~ of the applicable l_mpac~ Fee deferred pursuant to
the terms o£ the lmpac~ Fee Ordina~cs.
c) X£fordable Housing owner-occupied Dwelling Units which
exclusively serve icy-income families and which are the ovner's
homestead shall have fifty ~ercen~ (50%~ of the applicable lmpac~
Fees waived and have fifty percent fS0t~ of the applicable lmpac~
Fee deferred pursuant to the terms of the lmpac~ Fee Ordinance.
d) Affordable Housing rental Dwelling Units which
exclusively serve l~v income families shall pay ~
~50%~ of the applicable Impact Fee, and shall have ~
~50%~ of the applicable Impact Fee deferred, p~rsuant to the
terms of the Impac~ Fee Ordinance.
e) Affordable Housin~ owner-occupied Dwelling Units which
exclusively serve moderate income families and Vhich are the
~vner~s homestead shall be required to pay seventy-five percent
~75t~ of the applicable Impact Fee, and shall have ~
percent (25%~ of the applicable lmpac~ Fee deferred pursuan~ to
the terms of the lmpac~ Fee Ordinance.
f. Parks and Recreational Facilities lmpac~ Construc~ion
which meets ~he criteria set forth in Eubsec~ions b and c of
Section 4.05 constructed by an Agency of Collier County or by an
lndel>sndent Governmental Agency pursuant to an interlocal
agresmen~ with Collier County and which construc~ion is one
hundred percent [100%~ govei~ent funded shall have one ~ndred
percent f1001~ of the Impact Fees for tha~ construction waived,
pursuant to the terms of the Zmpac~ Fee Ordinance.
NOTEt An Amendment to the Appendix shall require a public
hearing of the Board of County Commissioners occurring after 5=00
p.m.
SZCtION~ITIS ~nflict and Ssvers~ilit~
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. ZZ any
section, phrase, sentence or portion of this Ordinance is for any
reason held invalid or unconstitutional by any cou~c of competent
Juriedic~ion, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not a~fect the
validity of the remaining portions thereof.
065,, , 76
Words M~iidJ~are added~ words :~r;c~ ~ ...... are deleted.
-17-
: This Ordinance shell become effective upon receipt of notice
£r~a the Secretary of State that this Ordinance has been filed
with the Secretary of State,
P~SSED ~D DULY kDOPTED by the Board of County C0~missionere
of coni.r co~.ty, riorio., thie/~ day of .~'~L/~,~.~,/_ ,
~ 1994 ·
~'. ~ ~ ,, ,-,;
' egal sufftclenqs
Held~ F.
~s~s~nt C~ty ~tt~ey
.~.
Words lall~are addedl words =~r=ch ~hr==~ are deleted.
· COUlrZY Or COLLXER )
I, DWIGPIT E, BROCK, Clerk of Courts in and for the
Twentieth ;udicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true coI)y
Ordinance No. 94-6
which was adopted by the Board of County Conuaissioners on
the J6th day of ~sbruary, 1994, during Special Session.
· WITNESS my hand and the officlal seal of the Board
q County Commissioners of Collier County, Florida, this 24th
day o~ February, I994.
DWIGHT E. BROCK
Clerk of Courts mnd Clerk:.."
xx-offlcto to Board of
!- County Commissioners .*
~./* Dei~u~'f Clerk '/~