Ordinance 94-08 AN ORDINANC~ AMXNDING COLLIER COUNTY
ORDINAXC'~ NO. 92-22, AS AMENDED BY
ORDINANCE NO. 92-57, AS AHENDED BY c~'
NO. 92-99, AS ~NDED BY .,
NO. 93-54, RELATING TO THE ~_ '-' "~r~
COLLIER COUNTY ROAD II~ACT FEE ORDIN~tCE~ ...4
AMENDING SECTION 2.04, PROVIDING FOR = c-
AMENDMENT OF PROVISIONS RELATING TO USE OF
HONIESI AMENDING SECTION 3.04, PROVIDING ~
FOR MODIFICATION OF PROVISIONS RELATING TO ~
AFFORDABLE HOUSING $ PROVIDING FOR x' ca
MODIFICATION OF APPENDIX .C~ PROVIDING FOR ~
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County
on April 16, 1992, enacted Collier County Ordinance No. 92-22,
establishing a Road Impact Fee Ordinances and
WHEREAS, the Board of County Commissioners cf Collier County
on August 11, 1992, enacted Collier County Ordinance No. 92-57,
amending Ordinance No. 92-22~ and
WHEREAS, the Board of County Comm~ssioners of Collier Co~xnty
on December 16, 1992, enacted Ordinance No. 92-99, further
amending Ordinance No. 92-22y and
WHEREAS, the Board of County Commissioners of Collier County
· on August 10, 1993 enacted ordinance No. 93-54, further amending
:~' Ordinance No. 92-22.
Z;!: NO~, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT~
SECTION ONX, amendment to Section ~.~¢ ~. Co1149r County
Ordinance lee. 92-22, as amended
Section 2.04 of Collier County Ordinance No. 92-22 is hereby
amended as follows~
Section 2.04. Use of Monies
A. The Board of County Commissioners hereby establishes
eight (S) separate trust accounts for the Road Impact Fees, to be
designated as the NDlstrict Number I Road Impact Fee Trust
Account,* NDistriCt Number 2 Road Impact Fee Trust Account,"
NDiStrict Number 3 Road Impact Fee Trust Account,N "District
Number 4 Road Impact Fee Trust Account," NDlStriCt Number 5 Road
Impact Fee Trust Account," "District Number 6 Road Impact Fee
,oo,c 065,, 96
v. orde ~ are addad~ vords =',~-~;~ ',~;;~ are deleted,
-1-
:~[', Trust Account," "Distric~ Number 7 Road Ampact Fee Trust
~:* Account,' and "District Number 8 Road Impact Fee Trust Account,' "
~hich accounts shall be maintained separate and apart from all
other accounts o£ the County. All Road Impact Fees shall be
deposited into the appropriate trust account immediately upon
receipt.
~ B. Road lapact Fees. collect. ed under the provisions of
.j Ordinance 85-55# as amended, and which have not been expanded
prior to the adoption of this Ordinance shall be allocated as
(1) Road Impact Fees collected within District Numbers
I and 2 under Ordinance 85-S5, as amended, shall be deposited
in tha District Number I Road Impact Fee Trust Account.
(2) Road Impact Fees collected within District Numbers
3 and S under Ordinance aS-aS, as amended, shall be deposited
in the District Number 2 Road Impact Fee Trust Account.
(3) Road Impact Fees collected within District Number 4
under Ordinance 85-55, as amended, shall be deposited in the
District Number 3 Road Impact Fee Trust Account.
(4) Road Impact Fees collected within District Number 6
under Ordinance 8S-SS, as amended, shall be deposited in the
District NUmber 4 Road Impact Fee Trust Account.
(5) Road Impact Fees collected within District Number 9
under Ordinance 85-55, as amended, shall be deposited in the
District Number S Road Zmpact Fee Trust Account.
(S) Road Impact Fees collected within District Number S
under Ordinance 85-SS, as amended, shall be deposited in the
DIstrict Number 6 Road Impact Fee Trust Account.
(7) ~oad Impact Fees collected within District Number
11 under Ordinance 85-55, as amended, shall be deposited in
the District Number 7 Road Impact Fee Trust Account.
(8) Road Impact Fees collected within District Numbers
7 and 10 under Ordinance 85-55, as amended, shall be
.. 065,,, 97
worda~are added~ words ek~k--ta~zq~HJhare deleted,
deposited in the District Number 8 Road Impact Fee Trust
Account.
C. The monies deposited into the respective Road Impact Fee
Trust Accounts shall be used solely for the purpose of
constructing or improving roads within the Transportation Network
and, except as otherwise provided, shall be expanded within that
Road ~ District vhere th.e Road Impact Construction is
located. Road Impact Fees may be used for the following
purposes, including, but not limited to the following=
(1) design and construction plan preparation~
(2) permitting;
(3) right-of-way acquisition, including costs of
acquisition or condetnationX
(4) construction of new through lanssX
(5) construction of new turn lanes$
construction of new bridgesl
(7) construction of new drainage facilities in
conjunction with new roadway constructions
(8) purchase and installation of new traffic
.. signali~ation]
.. (9) construction of new curbs, medians and shoulders~
(10) relocating utilities to accommodate new roadway
construction i
(11) construction management and inspecttony
(12) surveying and soils and material tastingy
(13) to the extent allowable by law, reimbursement or
refund of costs incurred by the County in preparation of this
Ordinance, Including any amendments or supplements, the
Impact Fee Study adopted pursuant to Section 1.04 and any
amendments or supplements adopted pursuant to Section 3.08,
and any other administrative costs incurred by the CountyI
· ' (14) Repayment of monies transferred or borrowed from
',Y any budgetary fund of the County which were used to fund any
words ~ are addedJ words ~Me~h are deleted.
~" ~rov~h inpac~ad construction or t~r~en~s as herain
da~lnad~ a~
-, (15) Pa~ent of principal and interest, necessa~
~-' rese~es and costs of is~ance ~der any ~nds or o~er
i~e~ess is~ed ~ ~e C~nty to ~ide funds to
const~ ~ a~ire g~ i~a~ed capital transpo~ation
i~~ents on ~e ~ans~at~on Ne~ork.
~ds on deceit In ~e re~e~ive Road Impa~ Fee ~st Accosts
shall not ~ used for a~ e~endit~e that w~ld ~ classified as
a ~intenance or r~air e~ense, nor shall ~ey be used on local
/-~: roads or on interstate highways.
D. ~e monies d~s~ted ~nto the re~ve Road Impa~ Fee
~st Accents shall ~ used solely to pr~de additions and
lmpr~ents to the ~anspo~ation Network retired to
acc~ate traffic generat~ ~
E. ~y monies on deceit which are not i~ediately
necessa~ f~ e~i~e shall ~ i~est~ ~ ~e C~ty. All
h~ deriv~ fr~ ~ i~es~ents shall
res~ive Road Ivpa~ Fee ~st Acc~ts and used as pr~ided
~ herein. To the e~ent Depleted ~ laY. any interest acc~ed on
the Road IEa~ Fees which is ~ot needed for capital
tran~ation i~r~ents may. at the dis~etion o[ the Board.
~ used to fund waivers and/or deferale o[ Road ImDag~ Fees
~rsuant to Seaion 3.04 o[ this Or~ina.~e
F.. ~e Road I~a~ Fees colle~ed ~rsuant to
~dinance may ~ retumed to the then ~ent ~er of the
prope~y on ~alf of which such fee was paid if such fees have
not ~en e~ended or ~red prior to the end of the fiscal
~ear i~ediately fo11~ing the sigh (6th] anniversa~ of the
date u~n ~ich ~ch fees were paid. Refunds shall be made only
in accordance with ~e fo11~lng procedurez
{1) ~e then ~ent ~er shall petition ~e Board for
~e ref~d prior to ~e end of the fiscal year in vhich
words ~ are added~ words :~r~ch ~hr:ug~ are deleted.
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occurs the date of the sixth (6th) anniversary o£ the payment
of the Road lnpact Fee, '.~
(2) The petition for refund shall be submitted to the
County Kanager and shall contain the following:
(a) A notarized s~orn statement that the petition
is the then current O~ner of the property on behalf of
~hich the Road Impact Fee yas paidl
(b) A ~ of the dated receipt issued for payment
of such fee, or such other record as would indicate
payment of such fse~
(c) A certified copy of the latest recorded deed~
and
(d) ~ copy of the most recent ad valorsm tax bill.
(3) W~thin th~ss (3) months from the date of receipt of
a petition f~ refund, the County Kanager will advise the
petitioner of the status cf the Road Impact Fes requested for
refund, and if such Road Impact Fee has not been spent or
~n~nRersd within the applicabls 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
[nounbared on the basis of the first fee in shall be the
first fee
a. ~nv O~sr entitled to a refund ~ho fails to file a
timely petition for a refund upon becomin~ eltcible to do so
shall be defied to have waived any claim for a refund. and the
County shall be entitled to retai.~ and ar~lv the Tm~act Fees for
~rovth necessitated capital i~rovements and additions tO
County Road System.
2F~'~IOI[ TWOs ~aandmant to Section 3 · 04 of Collier County
Ord~nance No. 12-22~ as sssnded
Section 3.04 is hereby amended to read as follo~s:
SectiOn 3.04. Affordable Housing
A. Pursuant to the guidelines established in this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of the Road Impact Fee for any ne~ owner-occupied or
words MllleLtiXle~ are addod7 words :'.r~ch :hr:u;h are deleted.
rental Road lapact Construc~cion ~hich qualifies as X££ordable
Housing under ~ppendix C o£ this Ordinance.
(1) Any person seeking an Affordable Housing waiver or
defertel for proposed Road Impact Construction shall file
with the County ~anagsr an Xpplication for waiver or
dsferral, prior to receiving a Building Permit for the
proposed Road Impact Construction. The Application for
waiver or dafarral shall contain the following:
(a) The name and address of the Ownsr~
(b) The legal description o£ the Residential
property upon which the Road Impact Construction shall
be constructsdy
(c) The income level o£ the Owner or iZ the Owner
is a builder, the income level o~ the household to
which the Dwelling Unit will be sold or rsntsd~
(d) The number oZ bedrooms in each Dwelling Unit
of the Road lapact Construction.
(2) If the proposed Road Impact Construction meats the
requirements for an Affordable Housing waiver or defertel as
set forth in this Section, then the County ~anager shall
issue a~ Road lapact Fee waiver or defertel, as applicable,
to the O~ner or ~pplicant. The Road Impact Fee waiver or
deferral shall be prsssnted in lieu of payment of the Road
Impact Fee pursuant to Section 2.02.
B. To qualify for a Road Zmpact Fee waiver or defertel, an
owner-occupied Dwelling Unit must meat all of the following
criesfiat
(1) The Owner(s) or anticipated OWner~s~ oZ the
Dwelling Unit must have a very low, low, or moderate income
level. at the time of issuance of the Road rmnact Fee waiver
j~T_Jilf~llA as those terms are defined in Appendix C~ and
the monthly palnnen. t to purchase the unit must be within the
Xffordabla Rousing ~uidelines established in Appendix C. ~
Dwellins Unit shall cualifv as owner-occuuied i~ a
.. 065,, d01
words ~ are added~ words :~r;c~ ~h;;~9.% are deleted.
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!ease-ourchase earaeneaS is in effec~ at the date
issuance of the Road Tmoact Fee waiver or defertel or within
thirty f301 days thereoft. and within twenty-four [241 months
~rom the date o~ issuance of the certificate of occunancv or
the execution of the lease-nurchase acresmeat. whichever is
later. the o~tion to ourchase is exercised and the ourchaser
takes ownershim of the Dwell. laG Unit. Zf the ourchaser
fails to ourchase the Dwelling Unit within the twenty-four
f241 month ueriod. then the waived or deferred Road Tenact
Fee must be immediateIv repaid unless the Dwellinn Unit is
SOld to another aualifvina Owner.
(2) The O~ner, or i£ there is nora than one Owner, one
o£ the Owners, must be a first-time home buyer. To qualify
as a first-tins home buyer, the Owner must not have had an
ownership interest in ~ his/her primary residence in the
past three ~ 31 years.
(3) The Dwelling Unit aunt be the homestead of the
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
;,
for fifteen (15) years from the data a certificate of
occupancy is issued for the Dwelling
ZmDact Fee is repaid to the County.
C. To qualify for an Road Impact Fee daferral, a Dwelling
Unit offered for rant must nest all o£ the follo~ing criteria:
(1) The household renting the Dwelling Unit must have
a vary lc~ or lc~ income level. at the commencement of the
leasehold and during the duration thereof. as
are defined in Appendix C and the amount of rent must be
within the Affordable Housing 9uidelines established in
Appendix C.
(2) The Dwelling Unit must be the household's
permanent residence.
L,
,o.
words ~ are added~ words ~h are deleted.
......... l_ l ..... , .... ~_ lli i~.
.... r--.-J ............... ~;; r.; '.r. .
D. All ~ad I~a~ FaeE deleted ~or ~er-oc~pied
~ellin~ Unite a~ ~e ~ime ~he Building Pe~i~ yea lEEued Ehall
~c~m due and payable and shall ~ lnedia~ely repaid ~o
C~y u~n ~e Eale oZ ~e ~el~ln~ Uni~ ~o a eon~ali~ied
~ ~ ~ ~ided, h~er, iZ ~e Road I~a~ Fee
deZe~al vaE paid vi~ S~a~e R~sin~ rni~ia~lveE Pa~nership
C~P] ~am Zunas, repa~en~ viII ~ ude ~o ~he Collier
C~n~y aZ~dable h~Ein~ t~s~ Zund. 'For ~oses o~ ~his
ge~l~ 3.04. s n~ali~ied ~r~haser iEa PerEon ~o does
Ea~iE~v ~he X~E~rdable H~Eina ~i~eria ~e~ ro~h in Subsec~ion B
a~e or a Person ~o does no~ a~ee ~o ~he ~e~s o~ ~he waiver
or defe~al o~ i~a~ feeE a~e~e~.
E, ~e ~ Z~a~ Fees deEe~ed Z~ rental ~elling
a~ ~he ~e ~e Bulldin~ Pe~i~ vas issued shall ~c~e due and
shall ~ ~ia~ely repaid ~o ~s County upon ~ ~ ~
~iacon~in~anca o~ uae o~ ~he ~allin~ ~ni~ aa ~orda~le
~: ~i~ee~ ~ ~aara ~r~ ~ha da~e ~ ia~ance o~
ce~i~i~e o~ ~pan~ ~ichaver ~a
~. ~ ~oad X~a~ ~aaa waive~ ~or a~ ~ar-oc~pie~
~ellin~ ~ni~ a~ ~he ~ime a Suil~in~ Pemi~ waa iaaue~
~c~e ~ue an~ paMa~le an~ ahall ~e Am~ia~el~ repai~ ~
~ ~ ~ is sold or translated to a non~ali~ied nutchaser
d~ing ~e ~iZtesn ~ year peri~ a~tsr the cs~ificats
oc~pan~ is issued ~or the ~slling Unit] provided~ h~aver~
the Road Z~act Fee waiver was paid with
State Housing Initiatives Pa~nership (SHIP] ~ogram ~unds,
Vo~dm ~ a~e addea~ vo~dE ..... ~ ~ ..... ~ are
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repayuen~ will be Bade to the Collier C~nty e~ordable h~using
trust fund. If the Dvellinq Unit is used as Affordable Housinq
~s~ 4~s ~ 4~ ~ Wet4ed In c~liancs with Se~ion ].04 o~
this ~dinancs f~ ~l~tssn f15~ years a~ter the date the
ce~i~icats o~ ~=an~ is is~ed ~or the ~ellin~ Unit, the
~ad I~a~ Fees are no lon~er due and the lien on the ~elltnq
Unit shall ~ release.
C. ~e ~rcen~ge o~ ~e to~l Road l~a~ Fee which shall
h ~iv~ ~ de~s~ ~ant to this Se~ion for an
h the ~rcsn~gs set ~o~ ~n ~ppendtx C. ~s Road lmpa~ Fees
waived or deleted shall h a lien on the prope~y until all
rs~ir~ents under ~is Ss~ion have been satis~ied.
shall ~lds to ~s ~n~ ~na~sr an a~idavit o~ c~liancs
with ~s ~teria set fo~ in ~ls Ss~ion. ~ a~idav~t must
h f~lsd w~ln thi~ days o~ the a~vsrsa~ date o~
Issuance of a ce~i~lcats of ~pan~, Z~ the inc~e o~ any
~t~ rantar ~ich ortCfnallv ~ali~ted as ve~ 1~ or 1~ inc~s
levml as defined in X~endtx C exceeds the X~fordable Rousinff
hne~it standards set fo~h iq ~endix C ~ nora than ~o~v
percent ~4011. then the defe~ed Road Z~a~ Fee shall
i~ediatslv due and DaYable ~ the ~er or. in the alte~ativs.
the ~sr shall have ninety ~90) days to c~Dl? V~th the
~fordable R~sin~ s~andards set ~o~h in XDDendix d~ or
~21 Z~ the h~sehold inc~e of the ~alified
halline Unit rises a~s the be,efit standards for waivers aq~
ds~s~als sat ~o~h in XDDendix C. the ~sr shall maintain the
vaiver and/or ds~e~al. Hotvithstandind the foreQoinQ. al~
~tstandine Road Z~a~ Fees waived or deleted shall be re,aid
In full upon sale or transfer o~ the ~ellin~ Unit
non-~alified ~rchaser. exceD~ for waived Z~a~ Fees where the
~er has complied with the Xffordable RousinQ criteria ~or
wordedare added; ~ords :~:=:~ ~fi:==~ are deleted.
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~lfteen f151 years after the issuance o~ ~ha_car~l~ieate
i': Z. The Ovner receiving a Road Zmpa~ ~ee va lye: or
de~al shall ~t~ into an l~a~ lee a~e~en~ vi~h the C~n~y
,, ~lch a~s~ent shall ~lds ~or, at s minis, the
-., a~ shall ~er include ~ch ~tstons de~sd necessa~ ~ the
~ ~ to e~e~uate the pr~stou o~ this
(1) ~e l~al des~tptton o~ ~e ~elltnq Unit.
(2) ~ere a Road I~a~ Fee waiver ~ de~e~al is ~tven
~ to an ~er ~o will ~ selltnq or rentln~ ~e ~ell~q
~;' to a ~~t ~chaser or tenter, ~m Road
~, Const~ion ~st ~ sold or rented to h~seholds
the ~lteria set Zo~h In this SeXton in order to maintain
the vaiver ~ de~e~al. Road Z~a~ Fee vaivers
da~e~als paid f~ wt~ State R~slnq Initiatives
:; Pa~nlrshlp [~IP] ~am funds will ~1~ ~ ~anted
dire~ly ~ ~s neetin~ ~endix C ~all~ications and
i: a~l ~t~ to ~lldln~ Petit is~ance. A ~ellin~
,.
shall ~ali~v as ~er-oc~ied i~ a lease-~rchase
., a~enent is in e~fe~ a~ the date o~ is~ance o~ the r~a~
Fee vaiver or dere~al. or vlthin thi~y (30J day2 thereo~.
and vithin ~entv-f~r ~24~ months fr~ the date o~ issuance
o~ the ce~i~icate o~ ~oan~. or the exertion o~ the
lease-~rchass a~euent. ~ichever Is ]a~er. the ~tion
~rchsse is exercised and the ~urchaser ~akes ~ershio o~
the ~ellin~ Unit. ~ the ourchaser ~ails ~o ~rchase the
~ellina Uni~ vithin the t~entv-rour f24~ month ~eriod. then
t~e v~tyed or defe~ed Z~act Fee ~s~ ~ repaid iuediatelv
unless the ~ellina Unit is sold to another ~alifyina
(3) For ~er-oc~pted ~elllnq Units, the amount
~ Impact Fees de~e~ed shall be repaid to ~e County upon
the sal~ ~ ~ dl=czn~In==~: ~ ~
vo=dm ~ are added; roads -~----~ ~k ..... ~ a=e
or transfsr to s non-~ualified eurchassr~ provided, h~svsr
if Road ~spsc~ Fees were paid with Stars ~ousing
partnership [~HIP] ProgTam funds, repayment will be made to
the Collier County affordshis housing trust fund. For
rental un~tst the Road Impact Fees deferred shall be repaid
upon sever ~ the discontinuance of use of the
Dwelling Unit as Affordable Housing or fifteen ~ years
from the issuance of a certificate of occupancyt vhichevs~
occurs first. ~ven ~ ~be t~eed ~
(4) For owner-occupied Dwelling Units where Road
~npac~ Fees have bsen waived, ths Dwelling Unit must be
utilized by the oriainal cualifvin~ Ovner. or subsec~ent
~ualifvin~ ~urchaser. ~;r as A~fordable Housin~
cc~liancs with Section ~.04 of this Ordinance for a fifteen
~ year psr~od after the certificate of occupancy is
issued and if the Dvelling Unit eesses ~e
4h~SeS [saf1~ is sold to a non-raalifvin~ ~rchaser, the Road
Impact Fees shall be repaid to the County. If Road Impact
Fees were paid with State Housing Initiativsl Partnership
[SHIP] Proqram funds, repayment vail he made to the Collier
County affordshis housin; trust fund.
(5) The deferred and/or waived Road Impact Fees
shall be a lien on the property ~hich lien may be foreclosed
upon in the event of non-compliance w~th the requirements of
,0. 065 106
vords~ are added~ vords-'--'-" '~ ..... ~ are deleted.
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the a~rsssent. ~he acressent described heroin shall ouerate
ae a lien aaainst the Dwelltoe Unit. ~e lien shall
tenthate ~on the recordind of a telsame o( satisfaction
lien Jn the ~bltc records o~ Collier C~ntv. Zn the case
o~ the vatvet. ~ch release or mariafalCon shrill be ~iled
~t~teen rearm a~ter the issuance o~ the ce~t~tcate
oc~nan~ nr~ided ~er t~ed fn cmltance with the
a~e~ent or ~ r~anent. Yn the case o~ a doge=a1.
~ch release shall h reco~ed mn reD~nent.
(6) ~allv. the ~ar o~ a rental ~alltna Unit shall
~r~tds to the C~n~ Manscar an affidavit of c~nlianca
with the ~iteria se~ ~o~h in this Se~ion. ~n affidavi~
Es~ h filed within thl~v days of the anniVersa~ date of
the issuance of a ce~ificate of oc~Dan~. Zf the inc~s
of any unt~ rantar ~ich oricinallv ~alified as ve~ 1~ or
1~ inc~s l~el as defined in X~endix C exceeds
~ffordable R~sind hnefi~ standards ss~ f~h in Xnuendix C
~ nora than fo~v uercen~ ~40~!. then the defe~ad
Fee shall hocks i~sdiatelv due and nayable ~ the ~sr
or. in the altemativs. the ~er shall have ninety
days to c~nlv with the Affordable Rousinc standards se~
fo~h in A~endix C.
(7) ~n satisfa~o~ c~plstion o~ the a~asmen~
rs~ir~ents~ ~e C~nty shall rec~d any necessa~
do~entation evidencing same, including~ h~ no~ limited
to, a release of lien.
(8) ~e a~esment shall be binding upon the ~sr's
successors and assigns.
words ~ are added; words str;:~ ~ ...... are deleted.
-12 -
(9) The agreement shall be recorded in the Official
Records o£ Collier County.
~. The amount o£ Road Impact Fee waivers and deferrail
~ranted pursuant to this Section shall be limited, in total, to
the amount appropriated by the Board e~ ~ ~esssA~e~ at
4h~S~ its final public hearing regarding the adoption of the
annual County budget and the amount allocated to Road Impact Fee
waivers ~r defertale in the Collier County Housing Assistance
Plan, as created by Collier County Ordinance }~o. 93-19. Road
Impact Fee waivers and de£errals pursuant to this Section shall
begin in the 1993-94 fiscal year or earlier upon receipt of State
Rousing lnitiativel Partnership [SHIP] Program funds.
Y~act Fees waived or deferred by the Board shall ]~a paid bv the
Board into the JG~32JLtA~I road impact fee trust account within
six (6J years from the date of the award of a deferral and/or
waiver as ~rovided hereins but in nO event, ~e later than the
time when that amount is needed for a pro~ect funded by those
Road I~pact Fees waived or deferred. The Board shall ~av into
the a~ronrtate road imuac~ fee trust account such amounts eoual
to any Road ~muac~ Fees ereviouslv waived or deferred
Board or previously axemuted or reimbursed bv the Board within
six (SJ years from the date of such waiver. deferral. exem~tion
or reimbursement but° in no event° later than the time s~ch
amounts are ~aeded for a Dro~ect funded bv those rm~act Fees
waived. deferred. exempted or reimbursed. Waivers and dsferrals
shall be issued in the order that completed qualifying
applications are received by the County Nanagor. At least forty
percent f40%] of the amount budgeted for Road Impact Fee waivers
and/or defsrrals must be utilized to fund ~ Impact Fee waivers
and/or defertale for single family owner-occupied Dwelling Units
serving the very low and lbv income levels end ~
words ~ are addsd~ words :'-~c~ ....... are deleted.
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~o Any changes or amendments to Appendix C or the minimum
fundin~ requirements ad~tsd In this SeXton ~s~ oc~r as an
'~dluncs a~snt at a ~bltc hearing o~ ~s Board o~ C~nty
~tss/~srs ~ing a?tsr S:00 p.m.
~. No A~dable Rous~n~ ~alver or de~e~al shall be
~anted for a R~ad Z~a~ Constation ~o~e~ which consists
a Mobile H~.
~d~ce No. 92-22~ as ~ende~
A~nd~x C ~s here~ ~ended to read as ~oZl~s:
~0~L~ H~SING D~IHZTIOHS~ B~ffIT
~e' ~oll~n~ set ~o~ ~e applicable definitions and benef~
standards for ~fordable R~s~nf ~ell~n~ ~n~ts for the
o~ dete~[n~nf eligibility for Zqa~ Fee va~vers and de~e~als
(here~n ~efe~ed to as "Nnef~ts"),
D~NI~ONS OF ~~LZ HOUSING lN~
a) Ve~ 1~ ~nc~e families means those ~am~l~es whose
inches do not exceed fi~ty percent (50t~ o~ the med~an ~nc~e
~or ~e ~ea as dete~ined ~ the Se~eta~ o~ the U, S
Depa~ent o~ ~s~ng and Urhn Develo~ent (area median inc~e)
b) ~ ~nc~e fntl~es means those families whose ~nc~es
are more ~an ~i~tv percent (50t~ and do not exceed ~
Z60l~ o~ ~e area medl~ ~nc~e as dete~ined ~ the Secre~a~
the U.B. Deua~ment o~ Housine and Urban Develo~en~ (area
C) H~erate ~nc~e families means those families
~nc~es are more ~an si~v eercWpt (6OIl and do not exceed
elahtv uercent (80IZ o~ ~e area aed~an ~nccme as dete~ined
the 8e~eta~ of the U.S. DeDa~ment of R~sin~ and Urban
Developant (area median inc~el.
For a hell~ng Unit to h dete~ined to be a~fordable, the
monthly rent o: mon~ly montage pa~ent, ~nclud~ng property
taxes and ~ns~ance shall no~ ~e In excess o~ thi~v uercent
Z301Z o~ ~e fn~l~es h~sehold ~nc~e, Zn no instance vil~
rental limits exceed the rental limits established ~ the FlOrida
Housine Finance Xaen~ for rents adjusted to bedroom size in
Dro4e~s assisted under the S~ZB ~an ~ram or the ~v Income
Hourthe ~ax ~adtt ~am based on unL~ size,
B~EFIT ST~S
a) A~ordable Hous~ng ~er-oc~p~ed ~ell~ng ~nlts which
exclusively sa~e ve~ 1~ ~nc~e families and which are the
~er's homestead shall have one hundred uercent (100t~ o~
appl1~ble Zmpa~ Fee waived pursuant to ~e te~s o~ the Zmpa~
Fee Ordinanoe.
b) A~ordable R~sing rental ~elllng ~ts which
exclusively sere ve~ 1~ ~nc~e ~l~es shall have ~
words ~ are added~ words :~=;:~ ~=~;~ are
~100%~ oZ the applicable Impac~ Fel deferred pursuant to
~ht tam oZ the l~pac~ FIe Ordinance,
c) Affordable Rousing ~vner-ocoupied Dwelling Units ~ich
exclusivsl~ se~e l~-inc~e Zaailies and ~ich are the ~er's
h~estead shall have ZiZtv ~ercent ~50t~ o~ the applicable lmpa~
Fees waived and have fi~ty percent [50t~ o~ the applicable lmpa~
Fee deleted ~rsuant to ~s te~s o~ the l~ Fee ~dinance.
d} XZ~ordable H~sing rental ~alling Units which
exclusively se~e 1~ inc~e Zamilies shall pay fifty percent
ZS0tl oZ ~e applicable l~a~ Fee, and shall have ~i~tv percent
150t~ o~ ~e appli~ble Z~ac~ Fee deleted, pursuant to the
te~ o~ the l~a~ Fee Ordinance.
e) A~fordable H~sing ~er-oc~pied ~elling Units which
excluhely se~e s~erate
~er's h~estead shall ~ retired to pay seventv-~ive eercent
~75t~ o~ ~e a~licable l~a~ Fee, and shall have tvent~-~ive
percent [25t~ oZ the applicable Zmpa~ Fee deleted pursuan~
~e tern oZ ~e Z~a~ Fee ~dinance.
f) Road Z~a~ Constation which meets the ~iteria set
fo~h in Su~ections b and c oZ Seaion 3.05 construed ~ an
~gen~ o~ Collier C~nty or
~rsuant to an intorival a~eemen~ with Collier C~nty and which
constation ~s one hundred percen~ [100t~ g~e~ent Zunded
shall have erie hundred earcan~ ~100t~ o~ the l~a~ Fees for that
constation ~aived, ~rsuan~
~dinance.
N~= ~ ~en~ent to ~e X~endix shall re~ire a ~blic
hearing oZ ~e Board oZ ~ty C~issioners ~ing alter 5=00
~s pr~lsions of ~is ~dtnancs shall bs lt~rally
cons~sd to sfZs~tvsly ca~ ~t Its ~sss in the tn~srsst
oZ ~1t~ healS, safety, vslZars and convenience. IZ any
ss~ion~ p~ass~ sentence or potion oZ this ~dtnancs is for any
reason held invalid ~ ~constitutio~l ~ s~ c~ o~ c~stsn~
~lsdl~i~ ~ch potion shall ~ ~s~sd a separate, ~ts~lnc~
and independent pr~lsion~ and
valldltyo~ ~I r~ining potions that=oZ.
i~l~s IZZeotivs Date
~l~d~nance shall
~rom the Be~sta~ o~ Brats that th~s Ordinance h~s been ~led
words ~ are addedX words :~.~::: ~:::~.. are deleted,
PXSSED M~D DU~Y M~PTED by the Board oZ County C~missioners
o~ Collist c~y, rl~ida. ~hi, ~ da~ o~ ~~ .
~994,. ,~ ~
vords ~ are added~ vords :',,--=:~ t~::=~.~. are deleted,
COUNTY OF COLLTER
l, DWIGHT Eo BROCK, Clerk of Courts in and for the
Twentieth Judicial Clr~it, CoZZler C~nty, rZorlda, do
hmrm~ certify that the foregoing is a t~e co~ orz
Ordinancs fro. 94-8
which ~ms adoptmd ~ thm Board of County Co~lsstonmrs on
the 16th day of Feb~a~, 1994, during Special Session.
~SS ~ ~nd ~d the o~fictal seal o~ the Board
Co~ty Conisstonerm of Collier County, Florida, this 24th
day o~ Feb~a~, 1994.
Clerk o~ Courts and Clerk'
Ex-oZficio to Board
County Co~issAonerm ; '
Deity Clerk