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Ordinance 94-09 XN O~IX~ ~ING COLLIER COUNTY / ORDINXNC~ 92-33, AS ~ BY ~L~I~ ~ O~IN~a NO. 92-65~ AS ~D~ BY ~TING ~ ~ ~LLI~ CO~ ~U~TIONAL FACILI~ES SYST~ I~A~ ~E O~IN~CE~ ~ING SE~ION 2.03, ~IDING FOR ~ ~ ~SIONS ~NG ~ USE OF MONIES~ ~ING SE~ION 3.05, ~O~DINC FOR MODIFI~TION OF ~O~SIONS ~TING TO ~O~LE HOUSING; PROVIDING FOR MODIFI~TION OF ~P~DIX A~ PR~IDING FOR ~N~I~ ~ S~ILI~ ~D ~OVIDING UF~ DA~. ~, the Board of C~nty Co~issioners of Collier County on Nay 17, 1992 ena~ed Collier County Ordinance No. 92-33, establishing ~e Collier C~nty ~ucational Fauilities ~st~ I~ Fee ~lnan~e~ and ~, the Board of C~nt~ C~lssioners of Collier C~n~ o~ S~t~r 8, 1992, e~ed Collier C~nty ~di~ance No. 92-6~, m~ng ~dl~nce No. 92-33~ and ~, ~e ~ard of C~ty C~issioners of Collier C~nty on Au~st 10t 1993 ena~ Collier C~nty ~dinance No. 93-55, uending ~dinance ~o. 92-33. N~, ~0~, BE IT O~AI~ BY ~ ~ OF CO~ S~=~ ~l ~eu~em~ to Beetion 2.03 of Collier Co~tr Seaion 2.03 of Collier County ~dinance No. 92-33 ~e here~ amended as foll~sz Se~ion 2.03. Use of Monies a. ~e Board ~derstan~s that the 5chool Board shall accept ~e res~nlib~lity for establ~shing a separate t~st accoun~ for ~e ~ ~ ~ Impa~ Fees, to ~ desolated as the ~ucational Faoili~es System I~a~ Fee ~st Account" which shall ~ ~nta~ned' separate and ~pa~ fr~ all other accosts of ~e Sch~l Board. All such ~ ~ Impa~ Fees shall be deposited into such tnst account i~ediately u~n receipt. -'.- Words ~ are added$ words :tr==h ',hr:=g~ are deleted. bo The sonits deposited into the Educational Facilities System Znpact Fee Trust Account shall be used solely rot the lmrpo.s of providing growth necessitated construction isprovement, and additions to the ~ Educational Facilities · System including, but not limited to= P ,. · (l) Design or construction plan preparation; (2) Permitting and (3) Land and materials acquisition including any costs of ac~uisition or condemnation] {4) Constz~ction and design of ~ Educational Facilities System Buildings, facilities or improvements and additions thereto] . (5) Design and construction of drainage facilities ~;- required by the construction of ~ Educational Facilities System hlldlngs, facilities or improvements and additions thereto] (6] R~locating utilities required by ~he construction of ~J~IZl~ZEducational Facilities System Buildings, facilities or improvements and additions thereto] ; (7) Landscaping, incident to or necessitated by the expansion of the County Educational Facilities System - buildings, facilities or improvements and additions therato~ (8} Construction management or inspection] (9) Surveying, soils and material testing] [. (lO) Repayment of monies transferred or borrowed from :~ any budgstary fund of the School Board, including monies ~ borrowed subsequent to the adoption of this Ordinance which were used to fund construction, acquisition of improvements ~ and additions to the County Educational Facilities System as ;/ herein provided] (ll) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness, including certificates of Participation in i.: accordance with Sections 230.23 and 235.056, Florida ,a. 065,, 1t4 Words l01~are added~ words ~h are deleted, - 2 - Statutes, issued by the School Board e~ 4kt-Mev ~ to ~und growth-Impacted improvements and additions to the Count~ Educational Yaoilitiss System; and (12) Reimbursement S~ l~pact Fees due an Applicant pursuant to Section · (13} TO the extent provided by law, reimbursement or refund o£ costs incurred by the County and the School Board in the preparation of the Impact Fee Study adopted pursuant to Section 1,04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County and the School Board, o, Funds on deposit in the Educational Facilities System Xspact Fee Trust Account shall not be used Zor any expenditure that would be classified as a maintenance or repair expense, d. The monies deposited into the Educational Facilities System lapact Fee Trust Accoun~ shall be used solely to provide /mprovements and additions to the County Educational Facilities ~Zstem required by 9forth generated b~ Educational Facilities ~y~ lapact Construction as identified in the Impact Fee Study, e, Any funds on deposit which are not immediately necessary for expenditure shall be invested by the School Board. All income derived from such investments shall be deposited in the Educational Facilities System Impact Fee Trust Account and used as provided herein, To the extent permitted bv law. any interest accrued on Ymnact Fees which is not needed for imnrovements and additions to the County Educational Facilities System may, at the discretion o~ the Board. be used to fund waivers or deferrals o~ rm~act Fees uursuant to Section 3.05 o~ this o~ this OrdinancV, The ~ Fae~ 6ye~es Impact Fee collected pursuant to this Ordinance shall be returned to the then curren~ Owner of the property on behalf of which such fee was paid if such Eees have not been expanded or encumbered prior to the end Words 1~ are added; words s~ett~l~-e~Jk are deleted, - 3 - the date upon which such fee was paid. Refunds due under these circumstances shall be made only in accordance with the following procedure x (l) The then current Owner shall petition the Board for the refund prior to the end of the fiscal year inkedlately following the sixth anniversary of the date the -~uc='.icr.:l r:cili'.ic= s~-:t:-- Impact Fee. (2) The petition for refund shall be submitted to the County Mane. get, on a £crm apprcved by the County Manager, and shall contain: (a) X sWorn statement that the petitioner is the then current Owner of the property on behalf of which the X~pact Fee was paidX (b} X copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such (c} ~ certified cop/of the latest recorded deed or other instrument evidencin9 titlay a representation that the most recent recorded deed or other instrument reflect the exact names of all current legal ownsreX a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the School Board pursuant to the request of the County] (d) X cow of the most recent ad valeram tax bill. (3) Within ninety (90) days from the date a petition for refund, the County Nanager will advise the petitioner and the Board pursuant to the written verification received from the School Board of the status of the Zmpact Fee requested for refund, and if such Impact Fee has not been expanded or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, Zees collected shall be deemed to ,o. 065 16 Words ~ are added3 words :',:;c~ ',~::=;~ are deleted, bs spent or encumbered on the basis of the first fee in shall be the first fee out. g, Any Owner sntitlsd to a rstund who fails 'to filss tissly petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the School Board shall be entitled to retain and apply the Impact Fees for growth necessitated capital improvements and additions. to ths Co~tvEducational Facilities System. SECTION TWOs Xasndmsnt to 2scticn 3°25 of Collier County Ordinance No. g2-33# as amsndsd Section 3.05 is hereby amended to read as Section 3.05 Affordable Rousing A. Pursuant to the ~utdslinss established in this Ssc~clcn, (' the County shall (1) waive or (2) defer, as applicable, the payment of the Zmpact Fee for any new owner-occupisd or rental .~. Educational Facilities System Impact Construction which qualifiss as Affordable Housing under Appendix A of this Ordinance. ~ (1) ~ny person seeking an Affordable Housing waiver or Y~ dsferral for proposed Educational Facilities System Impac~c Construction shall file with the County Hanager an !~ Application for waiver or deferral, prior to receiving a ~. Building Persit for the proposed Educational Facilities · ?. System Impact Cons~ruction. The Application for waiver or defertel shall contain the h~ (a) The name and address of the O~marl (b) The legal description of the Residential propstry upon which the Educational Facilities System Impact 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~elling Unit will be sold cr rentedl (d) The number of budroom~ in each D~elling Unit ~ of the Educational Facilities System Impact Construction. ~' (2) lff the proposed Educational Facilities System ~:,, Zspact Construction meets the requirements £or an Affordable Housing waiver or deferral as Bet forth in this Sectiont ~ then the County Manager shall issue an Impac= Fee waiver or .. ~;1 defertel, as applicable, to the Owner or Applicant. The Impact Fee waiver or defertel shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or deferral, an c~ner-occupied Dwelling Unit must meet all of the following criteriax !];~ (1) The Owner{s) or an~iciuated Owner{s~ of the Dwelling Unit must have a very low, low, or moderate ~ income level. at the time of issuance of the ImDaC~ Fee ~' walveT OT deferTel. as those terms ere defined in ~ Appendix A~ e.d the monthly payment to purchase the "~'. unit must be within the Affordable Housing guidelines established in Appendix A. A Dwellin~ U~lt shall ~ualifv as ow~er-occuDied if a lease-purchase acreemen~ ~! iS in effect at the date of issuance of the ImDact Fee waiver or defertel or within thirty (301 days thereof :. and within twenty-four (24~ months from the date of issuance of the certificate of occupancy. or the execution of the lease-purchase acresmerit. whichever is later. the option to ~urchase ie exercised and the purchaser takes ow~ershi~ of the Dvellin~ U~it. If the Purchaser fails to purchase the Dwellin~ Unit within the twenty-four ~241 mo~th eeriod. then the waived or deferred Impact Fee must be immediately repaid unless the Dwellina Unit is sold to another ~ualif_vina Owner~ [: (2) The Owner, or if there is more than one * Owner, one of the Owners, must be a first-time home buyer. To gualify as a f~rst-time home buyer, the Owner must not have had an ownership interest In ~ i' r: his/her primary residence in the past three (3) years. Words~are addedl words~x~are deleted. (3) The Dwelling Unit suet be the h~mestead the Owner(s). (4) The Dwelling Unit must remain ~ain~ ~ff fi~een ~ year= ~r~ ~he ~a~e a ~i~i~ta of ~pan~ i= i=~e~ for the ~ellAng Unt~ ~less Z~a~ Fee is re~aid to ~he County. C. To ~aliZy for an lmpa~ Fee de~e~al, a ~elllng Uni~ o~er~ for rent ~st Beet all o~ the foll~ing ~lteria= (1) ~e h~sehold renting the ~elling Unit mus~ bye a vs~ 1~ or 1~ inc~s level~ c~enc~snt o~ the leasehold and durin~ the duration ~ as those te~s are defined In Appendix A and the u~t o~ rsn~ ~st h within the AZZordabls H~sin~ ~idsllnss established in A~ndix A. (2) ~e ~elllng Uni~ ~s~ h the housahold~s pemnen~ residence. D. All z~a~ ~eas da~e~ed for ~er-~ptad ~eXlin9 Units at ~e tt~ ~e ~ildtng Petit ~s is~ shall bec~e due and payable and shall ~ i~ediately repaid to ~e County upon the sale o~ ~l ~elling ~it to a non-~ali~ied ~rchaser provi~ed~ h~ever~ ff ~e X~a~ he ~ata~al was paid vi~ state z{ouainf Xnitia~ivei Pa~nerahip [SHZP] ~am tunda~ repa~en~ will ~ ~de to the Collier County affordable housing ~msC fun~. ~or ~momes o~ ~h~, ~ecC~on 3.05. a non-~al~ed ~rchaser Jm a person ~o doe= noC matlaCy the ~ordabXe R~s~n~ ~i~er~a fo~h in subsetion S a~ve or a Person who does no~ a~ee ~em8 of the waiver or de~erral o~ impact ~ees a~eemen~. Words IlEgIEAA/llg are addad~ words ~ are deleted. I. The Inpac~ Fees deferred for rental Dvslling ~nits at the time the Bulldin~ Permit was issued shall become due and i shell be immediately repaid to the County upon ~he ea~e e~ %he 2vet~ I~ ~ ~ ~ ~ ~ the discontinuance o~ use of the ~ellin9 Unit as l~ordable Housing or fifteen ~ years fr~ the date o~ issuance o~ the ;:~ : Ce~lflcate of ~pan~, whichever oc~rs first~ provided, h~ever, if ~e I~a~ Fee defe~al was paid wi~ S~ate H~sing f" Initiat~ve~ P~ershlp [~P] ~am funds, repa~en~ w~ll be ~de to ~e Collier C~t~ affordable h~slng tnst fund. F. ~ I~a~ Fees waived for an ~er-oc~pied ~elltng Unit at ~e time a Building Petit was Issued shall bec~e due and payable and shall ~ tuedla~ely repaid to the C~nty if ~2 .Sold ~ trsnsfe~ed to a ~on~sll[ied ~chsser during fifteen ~ ~ear perl~ after the ce~tftcate of ~pan~ ts~g for ~e ~elllng Unt~. If the I~a~ Fee ~ ~s paid wi~ S~te H~stng In~ttatSveA Pamership ~L., ~~ f~s, repa~ent will ~ ~de to ~e Collier Cou~y affordhie h~tng ~st fund. If the ~ellIng Unit is used as Affordable H~st~~ f=ll~~~ in c~lia~ce with Se~ion 3.05 of this ~dina~ce for fifteen rl}}..Vears after the date the ce~f[icate of oc~pan~ is issue~ for the B, ~e I~a~ Fees are no longer due and the lien on the ~elltng Unit shall ~ released. ~. ~e percentage of the total I~a~ Fee which shall be waived or deleted ~suant to this SeXton f~ an ~er-oc~pted or renal Affordable H~stng ~elltng Unit shall be the percen~ge set fo~ in A~endix A. ~e I~a~ Fees waived or deleted shell ~ a lien on the prope~y until all re~lrements uder this Se~lon have ~en satisfied. ~,~. H. ~ ~ually, ~e ~er of ~ ~ ~elltng Unit shall provide to the County Manager an affidavit of compliance Words la~ are added; words =~==c~ ~-hr:=~.% are deleted. -8- i" :'. with the criteria set tc~th ~n this Ssc'cion. An af£ldavit must be filed within thirty f301 days of the anniversaz~/date of the ~'~'~; issuance of a certificate of occupancy. If the income of any ,. unit tenter Which oriainallv cmalifted as very low or low income level as defined in A~endix A exceeds the Affordable Housina beneli1; Standards set forth in ADDendiX A by more than fortv percent (40%1. then the deferred Inmact Fee shall become i~mediatelv due and Davable hv the Owner or. in the alternative. the Owner shall have ninetT f901 days to CC~DIV With the Affordable Hcustna standards set forth in APPendiX X. f21 If the household income of the ~ualtfied o~qer-occuDied Dwellins Unit rises above the benefit standards for waivers and defertale sat forth in ADoendix ~. the Owllet shall maintaitt the waiver and/or deferral. Notwithstandina the foreseine. all ~tl~iDdlne Impact Fees waived or deferred shall be repaid in ZUll u~on sale Dr transfer of the Dwellins Unit to a non-~ualified ~urchaser. except for waived Inmac~ Fees where the Owner has complied with the Affordable Housin~ criteria for fifteen (15~ years afte~ the issuance of the certificate I. The Owner receiving an Impact Fee waiver or defertel shall enter ~nto 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 ~ Board to effectuate the provisions of this Section~ (1) The legal description of the Dwelling .; (2) Where an Impact Fee waiver or defertel is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or tenter, the Educational Facilities System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section Order to maintain the waiver or deferral. Impact Fee waivers or. deferrals paid for with State Housing Initiatives Words SiIL~IlJJI~ are addedl words =~.==:~ _'h=:=~h are deleted. -9 - Partnership [SHIP] ProWram funds will only bs ~ranted ,I.~ dirs~ly to ~srs mestln~ X~endlx A ~aliftcattons and a~al ~ to Bulldin~ Petit issuance. ~ ~sllin~ Uni~ shall ~ali~v as ~sr-oc~ied l~ s leass-~rchass a~ensn~ is in e~e~ at the date o~ is~ance of the ~a~ Fee waiver ~ defe~al. or within thi~v [30~ days thereo~. and within ~entv-~r [~4} months ~r~ the date o~ issuance of the ce~i~icats o~ oc~a~W, or ~s exe~tion o~ the lsass-~chass a~eement, ~hichsver is later, the o~tton to ~rchass is exercised and the ~rchaser takes ~ershtu o~ the ~ellina ~it. ~ the ~rchaser ~ails to ~urchase ~sllina Uni~ within the ~entv-~r [24~ month ~eriQ~. then the vaiv~ ~ deleted Y~a~ Fee ~st ~ rs~aid i~sdiatslv ~lsss the ~sllin~ ~it is sold ~a another ~ali~vin~ (3) For ~er-~pied ~elling ~its, the am~nt oZ l~a~ Fees deZe~ed shall h repaid to ~e C~ty u~n ~e transfer to a non~alified ~rchaser~ ~idod, h~ever, i~ ~e I~ Fee deZo~al was paid wi~ State Housin~ Initiativel Pa~nership [SHIP] ~am Zunds, repayant will ~ ~ds to ~e Collier C~nty aZ~ordable h~sing tnst Zund. For rental ~lts, ~e I~a~ Fees dore~ed shall be repaid u~n ~ ~ the discontinuance oZ use o~ ~e ~ellin~ Unit as A~ordable Housin~ or ZiZteen ~ years fr~ ~e issuance oZ a ce~lZicate oZ oc~pan~, whichever ~s first. ~ ~ ~h: ~ ~ ~ ~ ~ Words ~ are added~ words :t~ck; thrcu;~ are deleted. . - 10 - (4) rot mmsr-occupied Dvsllln~ Units ~here Impact Fsss ~svs been ~aivsd~ the Dvsllin~ Unit ~ust the oriainal _ ~ualifvina O~msr. or s~bse_~usnt ~uslifvina ~, ~ ~ lffordabls H~stng in c~liancs vith Ss~ion J,0~ o~ this ~dinancs for a fifteen ~151 year psrt~ after ~s cs~tftcats c~ oc~pan~ ~e ~s111ng Unit s ~ ~ ~ ~ sold to a non~ali~vina ~rchaser, ~e I~a~ Fees shall be r~aid to ~e Cm~. ~ ~a X~a~ Fees were paid with S~te H~sin~ Initiative~ Pa~narship [~P] r~a~ent ~ill ~ ~ds to the Collier County a~fordabls (5) ~e de~e~ed and/or ~lved l~a~ Fees shall ~ a lien on ~s ~~ ~tch lte~ uy ~ ~e event of non~ltanca vl~ ~e retirements o~ a~euen~, ~e a~e~ent des~i~d herein shall ooerate as a lien a~ainst ~he ~elltn~ Unit. ~e lien shall ~n the recordina o~ a release or satlegation ~he ~1i~ records o~ Collier C~ntv, In the case o~ a wiver, such release or sa~isra~ion shall ~ ~tled firteen years a~ter ~he tenants or the ce~t~icate o~. Oc~oa~ ~r~ide~ ~er a~ed in c~lia~ce vith the a~eemen~ U~on re~a~ent. In the case o~ a dere~al. such release shall ~ recorded uoon reoa~e~. .{S) Annually. the )er o~ ~ a rental )ellin~ Unit shall D~DVi~e 19 the County Kana~er an a~idavlt ~ords ~ are a~de~I vords =t~;:~ t~=;~h are ~elete~, - 11 - ;emergence with the criteria set ~orth (n this ~eetion. Xrm .~ affidavit xast be filed within thirty (301 dave of the anniVersarY date of the issuance o~ a ce~ificate ~an~. l{ the inc~a o{ a~ unit tenter which ~iainallv ~alified as ve~ 1~ or 1~ inc~e level as defined in X~ndix A exceeds the Xffordable Housina benefi~ standards set fo~h in Aouendi~ X ~more than fo~v Dercent [40tl. then the deleted {mua~ Fee shall bec~e inediatelv due and Dayable ~ the ~er or. in the alte~ative. the ~er shall have ntnetV..f~01 days to cmlv with the Xffordablm g~sine standards set fo~h in X~endix A. (7) ~ satisfa~o~ c~lmtion o{ the a~enent re~iruents, the C~nty shall rec~d any necessa~ dmenUtion ~idencinQ same, lncludin~, ~t not limited to, a release oZ lien. (S) ~m a~m~ent shall ~ binding upon ~m ~ccessors ~ assi~. (9) ~m a~euent shall ~ record~ in ~e Official ~cords o{ Collier C~ty. a. ~ u~t of l~a~ Fee waivers and deZm~als ~anted ~unt to ~ls Seaion shall ~ limited, in total, to the uount a~r~riated ~ ~e Board ~~~ at~ ~ final ~blic hearinQ regarding the adoption oZ the annual C~ty ~dget a~ ~e u~t allocated to Z~a~ Fee waivers a~ dm{m~als In ~ Collier County H~sinQ Msistance Plan, as established ~ C~nty ~dinance No. 93-19. l~act Fee waivers and deZm~als ~suant to this Se~ion shall ~gin in ~e 1993-94 fiscal year or earlier upon receipt o{ S~te H~sing lnitiative2 Pa~ership [~P] ~am funds. ~ ~ ~ ~ h m ~ ~e m~ ~ All Z~a~ Fees waived or deleted ~paid~ into ~m ~ucatlo~l Facilities System lmpa~ Fee ~st Acc~t within six ~61 years from the date of the award of a waiver and/or defe~al. as Drovided hereiq. bu~ in no event~ N later ~an that time when ~at amount is needed Hords~are added~ words :t:';:'~ t~;~;;~ arm deleted. - 12 - a project funded }~/those Impact Fees waived or deferred. The Board shall Day into the F~ucational Facilities ~VStem Tm~aC~ Fee / ~st Xccount ~ch am~nts s~a l to any T~a~ Fees urevi~slv ~:j waived oT deferred by the Board Or- ereviouslv exempted or reimbursed by the Board within six f61 years from the date of such waiver. clefoFFal. exem~tion or reimbursement but. in no ~, event. later than the time such am.ounts are needed for a Dro~ec~ funded ' 5v those Im~ac~ Fees wa ived. deferred. exempted - or .. r~jahStllJa~ Waivers and deferrole shall h issued in the order i~i" that cc~mpletsd ~lualifying applications arm received by the County ',.i" Fanagero At least forty percent f40%! of the amount budgeted for Impact Fee w~ivers and/o~ defsrrals must be utilized to fund Impact Fee 'waivers and/or deferrals fo~ single family owner-occupied Dwelling Units serving the ver~ low and low income levels e~ q~ e~e ~ I. ~ changes ~ng r~trmnts ad~t~ in ~ts Se~on ~s~ oc~ as an ordin~ce nonbent at a C~ll~trl ~ng a~ter 5:00 L. No Affordable Housing waiver or Deferral shall be granted for an Educational Facilities System Impact Construction project which consists of a Mobile Home. IBCTIOITIiMll ~mendlent to AppendixA of Collier County Ordinance No. 92--33~ II amendee Appendix A is hereby amended to read as followsz APPENDIX A AFFORDABLE HOUSING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee waivers and deferrail (heroin referred to as wbenefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very low income families means those families whose incomes do not exceed fifty percent (50%1 of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). ,o. 065 125 Words~are added~ words :~=;c~ ........ are deleted. ~,~ b) X~f income families means those families ~hose incomes '.~ are lore than fifty oarcent (50%~ and do not exceed lixtv oarcent (60tl of the area median income as determined by the Secretary of the U.S. DeDartment H~usin~ and Urban Development (area median income)_. Noderate income families means those families whose incomes are more than sixty ~ercent (S0%1 and do not exceed eichtv earcent (8011 of the area median income as determined bv the Secretary of the U.S. Department of Hodsine 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 o£ thirty ~ercent Z301~ of the families household income. Xn qo instance viii rental limits exceed the rental limits established b~ the Florida Hodsine Finance Xcencv for rents adjusted to bedroom size in Dro~ec~cs assisted under the SAIB Loan Procram or the Low Income Housind Tax Credit Procram based on unit size. II BENEFIT 2TANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve ver~ low income families and which are the mfner's homestead shall have ~, 1111211~__~1001~ of the applicable Impact Fee waived ~, pursuant to the terms of the Impact Fee Ordinance. b) Affordable ~ousinq rental Dwellinq Units which exclusively serve very low income families shall have one hundred percent (100%1 of the applicable Impact Fee deferred pursuan~ 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 percent (50%1 of the applicable Impact Fees waived and have [if%v percent 150%1 of the applicable Impact-Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve low income families shall pay fifty percent (50%1 of the applicable Impact Fee, and shall have ~ifty percent (50%1 of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e} Affordable ~ousing owner-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall he required to pay seventy-five netcent (75%1 of the applicable Impac~c Fee, and shall have twenty-five meTcent (25%1 of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. 'f) Educational 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 As ~ne hundred PercaD% (100%1 government funded shall have one hundred percent (100%1 of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. ~ Wor~s )~:M~eEAAEXI~ are added~ words -&----~ &~ ..... ~ are deleted. - 14 - ii~i;,~!,?; . ~. NOTZs ~n Xsendsant to the Appendix shall require a public hearinq o£ the Board o£ County Commissionars occurring aZ~er 5:00 p.m. '~ Ir, G'Tl:OI FOURs Conflict and 2everability · The provisions o£ this Ordinance shall be liberally . · construeS to sf£activaly carr~ out its purposas in the interest of public health, safer1/, welfare and convenience. If any section, phrase, ssntanca or portion of this Ordinance is for an~ reason hald invalid or tmconstitutional b~ any court of competent ~urisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the ., ii. validity o£ the remaining portions thereof. .' IICTIOII FlYIs Iffsotivs Date This Ordinance shall become effective upon receipt of notice from the Sscrstary of State that f~ ~ Ordinance has been ~ilsd with the 2sorstary of State. P~SSED AND DULY ADOPTED by ths Board of County Commissioners 1994. ' ~""~" .s .', ~ ~1 i.i .;~/.., .~trT~ ', .,,,L ~irman legal su££i isncyl -~;- Raidi F. 'Ashton ~~~.~. ~ Xsslstant County Xttorney , ~! '!, ass ;, ~' BOOK PACE Words ~ are added; verde ....... ~ ..... ~ are deleted. STATZ or FLORTDA ~ · I COUNTY OF COLLZER ) :~ Z, DWIGHT Z. BROCK, Clerk of CoTarts in and for the Twentieth ;rudicial Circuit, CoIiler Cm:nty, Florida, do · hereby certify that the foregoing is a true coF/off Ordinance No. 94-9 which was adopted by the Board of County Commissioners on the 16th day of February, 1994, during Spsctal Session. WITNESS my hand and the official seal of the Board County Commissioners of Collier County, Florida, this 24th !. day of February, 1994. ma6rr z. BROCX :~'if~ Clerk of Courts and Clerk ~ ,. County Comeira "/- Sic · m ., Deputy Clerk ,0. 065,,-128