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Ordinance 94-15 WHIRtie, the Board of County Commissioners of Collier County on Novsaber 27, 1990 enacted Collier County Ordinance No. 90-86, establishir~I a Collier County R~gional Water S~stsm Impact Fee Ordinance, as amendedt and MHERFA8, the Board of County Cmmissioners of Collier County on ~uns 19, 1991 enacted Collier County Ordinance No. 91-50, mndin~ Collier County Ordinance No. 90-86~ and M~IRFAS, the Board of County Conlsstoners of Collier County on Roysaber 10, 1992 enacted Collier County Ordinance No. 92-91, asmnd~xl Collier County Ordinance No. 90-061 and NII~IFA~, the Board of County Conissionsrs of Collier County on December 16, 1992, enacted Ordinance No. 92-95 amendir~ Collier County Ordinance No. 90-26I and WHIRlIS, the Board of County Ccmmissicntrs of Collier County on August 10, 1993 enacted Ordinance No. 93-50, amending Collier County Ordinance No. 90-86I and MHERF~6, ths Board of County Commissioners of Collier County on Fsbruar~ 28, 1994 enacted Ordinance No, 94-4 further mndin~ Collier County Ordinancs No. 90-86. NOWe THEREFORE, Be IT ORDAINED BY THI~ BOARD OF COUNTY C(NOrlSSZONZRB' OF COLLIER COUNTY, FLORIDA thatz fiCTION OIl, AmendRent: t:o Soon:ion Is04, ,l~ford&bls leasing' o£ Collier County Ordinanol )fo, 90-26~ as amended BloC. ion 3,04 is here~Z amended to 'r'ead as lollova: Section 3,04, Af'fordabla HoueincJ X, Pursuant to the ~uideltnes established in this Section, the County shall (1) waive or (2) de£er, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Words ~ arm added; words ='-r-';.'. '~ ...... arm deleted. -1- Water ~ystsm Zspact Development which qualifies as Affordable Hmlsin~ under Appendix a of this Ordinance. I. Xny parson ssekin~ an Affordable Housin~ waiver or defertel for proposed Water System Impact Development shall file with the County ~ana~sr an Application for waiver or defertaX, prior to rscsivinV a Buildin~ Permit for the proposed Water System Impact' Development. The Application for waiver or deferreX shall contain the followin~z (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Water System Impact Development shall b~ constructsdy (o) The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwsllin~ Unit will be sold or rsntedX (d) The mr of bedrooms in each Dvsliin6 Unit oZ. the Water System lapact Development. 2. If the proposed Water System Impact Development meets the requirements for an Mfordabls Housing waiver or defsrral as set forth in this Section, then the County Kana6sr shall issue an Impact Fee waiver or defertel, as applicable, to the Owner or Applicant. The Impact Fee waiver or dsfsrral shall be presented in lieu of payment the Impact Fee pursuant to Section S. To qualify for an Impact Fee waiver or defertel, an owner-occupied Dwsllin~ Unit must meet all of the followin~ criteria s 1. The Owner(s) or anticipated Owners of the Dvellin~ Unit must have a vary low, low, or moderate income level, at the time of Issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix A, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in AppendEx A. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase Words ~ are added~ words =~.r=ch '.h=;u;.~. are deleted. ; a~emn~ is An effec~ at the date of issuance of the Xmpact Fee waiver ~c defertel, or within thirty (30) days thereof, 7: and within tventy-fou~ (24) mon~,s fr~ ~e date of is~ance .'t. of ~s ~lfi~ of ~an~ ~ the exe~tion of l~s~~se a~e~ent, ~lch~er is latff, the ~tion to ~se is ~ercised a~ ~e ~c~ser t~es ~ership of ~e ~lli~ ~lt. If ~e ~chaser fails to ~chase the ~ell~ ~it wi~ ~e ~n~-Z~ (24) s~ ~ri~, ~e ~iv~ ff deZ~ l~ Fee ~t ~ ~iately repaid ~l~s ~e ~ll~g ~lt is sold to ~er ~aliZyin~ 2. ~e ~er, ~ if ~ere is I~e ~an one ~e (1) o~ ~e ~ers, ~s~ ~ a firstSiRe h~e ~yer. To ~aliZy as a first~lse h~e ~y~, ~e ~er ~st n~ have ~d an ~snip Andrest in his/her ~~ residence in ~e pest ~ee (3) years, 3, ~e ~ell~ ~it met ~ ~e hmst~d oZ ~{s}. ~j~ 4, ~e ~elli~ ~it ut rmh ~~le H~ Z~ fiZ~en (IS) ye~s Zr~ ~e hie a ce~iZicate Fee is r~id to ~e C~ty, ~, To ~liZy ~ ~ l~a~ Fee DeZe~al, a ~elling ~it offered Z~ rent nst net all oZ ~e Zoll~ing ~iteria: X, ~e h~s~old renti~ ~e ~elli~ ~it nst ~ve a ve~ 1~ or 1~ incm l~al, at ~e cmencaent o~ ~e lus~old ~ ~e d~ation ~ereo~, as ~ose tam are defin~ h A~ix A a~ the am~t of rent net ~ wi~in ~e Mf~le H~i~ ~idelines es~blish~ in A~ndix A, 2, ~e ~elling Unit ~st ~ ~e household's ~mnent residence, '~. 2~-. D. All ~ Fees defe~ f~ ~er~i~ ~elling ~lts at ~e time ~e Building Pen~t was ~ssusd shall hcome due and payable and snail h inediately repaid to ~, C~ty 245 ;.] Wo~s ~ are addedX words :~=;;~ ~=;;;~ a~e deleted. -3- the ,sis of the Dwelling unit to a non-quali£1ed purchasery providesit howovert if the Impact Fee deferreX Was paid with state Rousin~ Initiatives Partnership [SHXP] Program fundst repayment wall bs made to the Collies County affordable housing trust fund. For the purposes of thil Section 3.04p a non-qualifieS purchaser is a Person ~d2o does not satisfy the Affordable Rousing criteria set forth in subsection B above or 'a Peason who does not a~ree to the terms of the waiver or defsrral of impac~ fees agreement. I. The Xmpact Fees defameS for rental Dwelling Units the time the Building Persit was issueS shall become due and shall be imaedia~sly repaid to the County upon the discontinuance of use of the Dwellira/Unit as Affordable Housir~ or fifteen years from the dat4 of issuance of the certificate of occupancy, ~hicheves occurs first. F. Any Impact Fees waiveS for an ownes-occupied Dwelling Unit at the time a Building Permit was issueS shall become duo and payable and shall be ismedia~sly repaid to the County If the Dwelling Unit is sold or transferFee to a non-quali£ieS purchases during the fifteen (IS) year period after the cesti£icate of occupancy is issued for the Dwelling Unit. Xf the Impact rse waives was paid wi~h S~ats Honsir~J Xnitiatives Partnership (SHIP] Program funds~ repaysen~ will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is useS as Af£ordable Rousing in compliance with Section 3.04 of this Ordinance for fifteen (15~ years after the date the certificate of occupancy is issueS for the Dwelling Unit, the I~psct Fees ese no longer due and .the lien on the Dwelling Unit shall be releaseS. ~. The pareenrage of the total Impact Fee which shall be waiveS or deferred pursuant to this Section for an owner-occupieS or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Xppsndix 1. The l~pact Fees waiveS or deferred shall be a lien on the property until all requirements under this Section have been satisfied. Words ~are added~ words :~r;:~ ~h==u;~ are deleted. -4- ~" S.' 1, ~nnually, the Owner of a rental Dwelling Unit shall .: ~. provide ~o the County Xanagsr an affidavit of compliance with the ~;~j'. criteria set forth in this Section. Xn affidavit must be filed :? within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit tenter ~hich criginnlly qualified as very lo~ or lo~ income level as defined in Xppandix X exceeds the Mfordable Housing benefit standards set forth in Xppendix A by more than forty percent (40%), then the deferred 'Impact Fee calculated from the date the Buildin~ Permit was issued shall become immediately due and payable by the Owner cr, in the alternative, the Owner shall have '~! ninety (90) days to comply with the affordable Rousing standards ,.. set forth in Appendix A. -. 2. If the household income of the qualified owner-occupied D~sllin~ Unit rises above the benefit standards for waivers and defertale set forth in Appendix A, the Owner shall maintain the !ffi waiver and/or defertel. Notwithstanding the foregoing, all · . outstanding Impact Fees waived or deferred shall be repaid in / ~ hll upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived I~pact Fees where the Owner has complied with the Affordable Rousing criteria set forth in this Section 3.04 for fifteen (15) years after issuance of the certificate of occupancy. L The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which · t agremnt shall provide for, at a mini~ms, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this 2actions l. The legal description of the Dwelling Unit. 2. Where an Impac~ 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 Water System Impact Development must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the WoFc~~ are added; words :~r=:_~ ~,,~;;;;,~, are deleted. wsivsf or deferreX. Zspa~c Fee vaivsrs ~r defertale paid for with S~ats Housing Znttiattvss Partnership [S~ZP3 ProVras funds viII only be Vran~sd directly to buyers sse~ir~ Appendix A qualifications and approval prior BuildirW Persit issuance, A D~slling Unit shall qualify as ovnsr-occupisd if a lease-purchase aVrssaent is in sZfsc~ the date of issuance of the lspac~ Fss vaiver or defertel or vithin thirty (30) days thereof, and vithin ~vsn~y-four (24) non~hs froa the date of issuance of the cer~ificats occupancy, or the execution of the lease-purchase a~ressen~, vhichsver is la~sr, the ol~ion to purchase is exercised and the purchaser t~kes ovnership of t~hs DvellinV Unit° Imrchassr fails to purchase the D~slling Unit vithin the tventy-four (24) sonth period, then ~hs vaivsd or deferred lspa~ Fee plus interest st the rats o£ six percent (St) per annus calonlatod from the date the BuildinV Permit yes issued viII be required ~o be repaid lnmodia~sly unless the Dvelling Unit is sold to another qualifying Ovnsro 3, For ovner-occupiod D~elling Units, the anoun~ lspac~ Fees deferred shall be repaid ~o the County upon the sale or ~ransfer ~o a non-qualified purchaser, l£ Fees vsrs paid vith S~a~s Rousing Initiatives Partnership [sr~Pj ProVran funds, repayment rill be nads to the Collier County affordable housing trust fund, For rental units, the Znpac~ Fees deferrod shall be repaid upon the discontinuance of use of the Dvslling Unit as Affordable Housing or fifteen (15) years from the issuance of a certificate of occupancy, whichever o~mrs first, 4, For ovner-occupiod D~slling Units vhers lapac~ Fees have bean vaivsd, the D~slling Unit must be utilized by the original qualifying Ovner, or subsequent qualifyinV purchaser, as ~Zfordabls Housing in compliance vith Section 3,04 of this Ordinance for a £ifteen (15) year period after the cer~lZicate of occupancy is issued and If the D~elling Words ~ are addsd~ vords :~.r~:~ ~.~:;~.~. are deleted, !~' Unit is sold to s non-qualifying purchaser, the Zspac~ Fees shall be repaid to the County, If lmpac~ Fees were paid ;~' with State Housln~ Initiatives Partnership [s~rlP] Program ;" funds, repayment will be made to the Collier County ~ affordable housin~ trust fund, 5. The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the agreement. The agreement described hersin shall operate as a lien against the Dwelling Unit. The lien shall terminate .-'. upon the recording of a release or satisfaction of lien in the public records of Collier County, In the case of s waiver, such release or satisfaction shall be filed fifteen years after ths issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or · upon repayment, In the case of a dsfsrral, such release shall be recorded upon repayment. 6. Annually, the Owner of a rental Dwelling Unit shall provide to the County Kanager an affidavit '~:.'. compliance with the criteria set forth in this Section, An aEfldavit must be filed within thirty (30) days of the ; anniversary date of the issuance of a certificate of occupancy, If the income of any unit tenter which' originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40t), then the deferred lmpac~ Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix A. 7. Upon satisfactory completion of the agreement requirements, the County shall 'record any necessary documentation evidencing same, including, but not limited to, a release of lien. 1:]65 Words ~ are sddsdJ words Ma-aek-e~w~k are deleted. 2, Tn the event the Owner is in default under this a_arssmsnt. and the dsfauZt is not cured within thirty/30t days a~tsr ~lttsn n~ies is ur,idsd to the ~sr. the Board my ~i~ a eivit s~ion to encores the aftanent. ~s ~ard shaft ~ entitled to rse,sr slt ~sss and includine atto~,~s ~ess and costs. in~sd ~ the Board in sn~eine this a~susnt. 'ulus interest at the fa~s ~ ~ud~snts cal~latsd on a calendar day basis untiZ ~ ~ ~s a~sesnt shaZZ ~ binding ~n ~s ~sr~s ~ss~s ~ assi~. ~ ~ ~s a~esment shall ~ receded In the ~. ~e a~ oZ l~a~ Fee nivers and daZemale ~an~ed ~ a~la~ ~ ~e ~ard oZ ~ty ~lssi~erm at its z~l ~lic heui~ r~ard~ ~e ad~i~ o~ ~a a~ual C~ty ~gs~ ~ ~a ~t all~tg to l~a~ Fee nivers deemmale ~ ~a ~llier C~ H~sin~ ~sis~nce Plan, as es~blish~ ~ ~llier ~ty ~di~nce No. 93-19. l~a~ 1993-94 Zis~l y~ ~ eulier ~ recel~ oZ SUre H~si~ Xnitiativas P~ership [~] ~~ Zuds. ~11 X~a~ Fees vaiv~ ~ defem~ ~11 ~ paid ~ ~e ~ard into ~e water syst~ ~ fee ~st acmt wi~in s~en (7) years Zr~ data oZ ~e a~rd oZ a waiver a~/or deftreal as pr.ided harein, ~ An no ~snt, later ~an ~t time ~sn ~t ~t is needed ~e ~ard s~ll ~ into ~e water ~sto ~a~ Zee acc~t such u~ts ~al to any I~a~ Fees ~evi~sly waiv~ or defe~ed ~ ~e ~ard or previously exertS, or rei~sed ~e ~ard wl~in seven (7) years Zroa ~e date of such waiver, deZe~al, exe~tion or rei~rsement, but in no event later ~an ~e time such amounts are needed Zora proJe~ Zuded ~ those Words ~ are addedi vo~s ...... ~ ~ ...... arm deleted. -8- Zmpac~ feem vaivad~ defezTed# exempted e~ reisd~Feed. Waivers s~ deftaim s~Xl ~ /ssu~ In ~hs o~ds~ tha~ c~la~sd ,, ~l~yl~ a~ll~l~ are received ~ ~s C~ty ~nagsr, X, ~ c~es ~ ~e~en~ to A~iX X ~ ~s min~ f~ r~mn~ ad~ in ~is Se~i~ ~s~ ~ as an ~issl~s ~i~ afar 5x00 p.m. ~. No ~f~bls H~si~ ~lvsr ~ dsZs~al shall I. ~~ ~is Ss~ion Is aimsd a~ addrsssin~ n~ Wa~sr ~s f~ a~il~ls ~ ~an~ such a r~ss~. ~ ~ch r~ss~ 0 ft. NoWi~hs~andina any ~r~isi~s sls~sre in ~inancs ~o ~hs central. a~ ~sr ~ha~ d~sl~s an ~fordabl- R~sina rsn~a1 s~a~en~ c~le~ consis~ina in ~ols ~ ~a~ Ss~ion 3.04 shall ~ sn~i~lsd ~o deter one hundrsd ~sresn~ fi00t~ o~ ~hs r~a~ Foes a~lieabls only ~o ~ch rental ~sllina Units ss~ina vs~ 1~ and/or l~ inc~s levels i~z fi~ all ~cb de~s~sd rmDa~ Fees are ~aid on or ~rore ~he end oE six vsars from ~hs da~s such rmDa~ Fees are de~e~dz and fii~ ~h- W~m ~ arm addmdy wordm :~r~ ~k:~ arm dmlmtmd. fSlT~ai' aua~4zua~ dmvalo~mant shall remain Aff~dabla ~uallflad fundar Sac~cion 3.04 of this Ordtnance~ sser~os Twos confliot and Sevartbility Tha provisions of this Ordinance shall be liberally construed to effectively carry o~t i~s purposes in the Anterest of public health, safe~y, welfare and. convenience. Zf any section, phrase, sentence or por~ion of this Ordinance is for any reason held invalid or unconstitutional by any cour~ of conpatent Joriedic~ion, such portion shall be deemed a separate, diatinc~ and independen~ provision, and such holding shall no~ affec~ the validity of the renalsing por~iona thereof. ~m TKRRBs lifeolive Date · his Ordinance shall become sffac~ivs upon receipt of notice free the aaore~ary of a~ate that this Ordinance has been fixed with the Seere,sty of S~ate, PASSED AND D~,Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day 1994, : I~dXGHT~, ~, Clerk ER COUNTY, D - -/,/;~.; ..... :,?...~ ~ .. Approvsd as to form and legal Assistant County At~rney sou, 065 252 ,,, Words ~ are added7 verde :',=-':~ ~,~;~j~ are deleted, -10- COT~"~ OF CO~T.,]:ER ) Z, ~I~T I. BROW, Clerk o~ ~rts In and for the ~ntleth ~udlclal CIrcuit, Coll~er County, Florida, do here~ certify thl~ the ~oreQo~ng ~s I t~e co~ o~ Ord~nence No. ~ch ~l adopted ~ the Boerd o~ Count~ Co~es~oners on the 90th day of Hatch, 1994, durAng Special SessAon. ~85 ~ h~d and the of Zictal seal o~ the Board o~ C~ Co~ss~oners o~ Collier County, Florida, this 6th ~y of April, 1994. .; ~ Z. ~0~ '.' Clerk oE C~B ~d Cle~"~--'. ~.~. . .. ~ ~-of~icio to ~ard of ~'.' .., · ~' / .~ ,~,~., './..~ Sy~/e/el]ie not~ .', , · .'~' Deputy Clerk '?7~q~ '.