Ordinance 94-16~t.~ AMXI~ING COLLIER COUNTY OI~INANC~
AS AMENDED~ REIATING TO ~E COLLIER
r-IBRARY SYSTEM IMPACT FEE ORDINANCE[
AMENDING SECTION 3.04, PROVIDING FOR
MODIFICATION OF PROVISIONS RELATING TO
AFFORDABLE HOUSING~ PROVIDING FOR CONFLICT ANEF
2EVERABILXTYI AND PROVIDIN~ AN EFFECTIVE DATE.~
WHEREAS. the Board of County Commissioners of Collar Cq~!~ty
on December 13, 1988, enacted Collier C~unty Ordinance No. 88-97,
establishing a Library System Impac~c Fee Ordinance$ and
WHEREAS, the Board of County Ccsmissioners of Collier County
on ~anuary 21, 1991, enacted Collier County Ordinance No. 91-11,
which amended Collier County Ordinance No. 88-97l and
WHEREAS, the Board of County Cmmissioners of Collier County
on December 16, 1992 enacted Ordinance No. 92-96, which amended
Collier County Ordinance 88-97~ and
WHEaTaS, the Board of County Cmmissioners of Collier County
on August 10f 1993 enacted Ordinance RO. 93-51, which. amended
Collier County Ordinance No. 88-97~ and
maREAS, the Board of County Commissioners of Collier County
on February 28, 1994 enacted Ordinance No. 94-5 further amending
Collier County Ordinance No. 88-97.
NON, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THATI
SBCTION GIrls amendment to seotion 3.04 of Collier
Ordiamnoe Io. 88-97, as amende4
Seo~ion 3.04 la hareby amended to read as followsz
Section 3.04. Affordable Housing
A. Pursuant to the guidelines established in thie Section,
the County shall (1) waive or (2) defer, as applicable, the
palment of the Ispa~c Fee for any new owner-occupied or rental
Library System Impac~ Construction which qualifies as Affordable
Housing under Appendix A of this Ordinance.
(1) Any person seeking an Affordable Housing waiver or
deferral for proposed Library System Impact Construc~cion
shall file with the County Manager an Application for waiver
or deferral, prior to receiving a Building Permit for the
.. 065 ,,,, 254
vordm ~ arm addedi worda =',r;;~_ ........ are
I='~X~sad Z,J, brary eyetea Z:q~ac~. construction. The
· * Xppl~oatlon tot vanvet or aletetra1 ehall contain the i'
' tollovin9 s
~ (a) The nane and address of the Ovnerl
..' (b) ~e :leqa:l description o£ the ReaidentiaZ
'!*~"* conettucted~
~" (c) ~e income level of the Ovnet o~ t£ the Ovnet 1~ a
~" b~lldet~ t4~e Income level at the household to vhtc~ the
Dve111ng gntt vtll be mold ot tented~
:!.. (d) ~he nlzlbet of bed~ooll in each Dve111nq Unit
t~e t,~braty Syete~ Z~aet Constz~ctlon,
(:2) Zt the ~toposed ~.tbtaty Syste~ Zmpaet Constt~etton
meets t~e teq~ltmnta tot an A£totdable !1oueln~ vatvet
deferral as set forth in this Section, ~hen the CounL~/
Kenafar ahall issue an lapact Fee vaiver or defertel, as
applicable, ~o the Owner or Applicant. The X~pac~ Fee
waiver or daferral shall be presented in lieu o£ paymen~
the zspac~ Fee pursuant to Se~cion 2.02.
B. To qualiZy for an Zmpac~ Fee waiver or deZerral~ an
owner-occupied Dvelling Unit sust neat all of ~he Zolloving
erl~eria:
~: ( l ) The Ovner ( · ) or anticipated Owner ( · ) oZ the
"' Dvellimg Unit sust have a very lov, lov, or Roderate income
· level, at the time o3 issuance o3 the lapact tee vaiver or
deZerral, as those terms are defined in Appendix A, and the
monthly .payment to purchase the unit sust be within the
/L~£0rdable Housing 9uidelines establiahed An Xppendix X.
Dvelling Unit .ehall qualify am ovner-occupied iS a
lease-purchase a~reement is in eZZect at the date
issuance o3 the X~pact tee waiver or de£erral or within
thirty (30) daya thereo£ and within twenty-Sour (24) months
~rom the date o3 issuance of the certificate of occupancy or
the execution of the lease-purchase agreement, Whichever
yards ~ a~e addison;
a~e deleted,
-2-
~ l~tef', the option to I:mrchaae is exercised and the purchaser
, takes ownership of the Dwelling Unit. Xf the purchaser
., fails to purchase the Dwelling Unit within the twenty-four
' (24} month period, then the waived or deferred Impact Fee
must be immediately repaid unless the Dwelling Unit is Sold
to another qualifying Owner.
(2} The Owner, or if there is more 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
ownership interest in his/her primary residence in the past
~,. three (3) years.
(3) "ha Dwelling Unit must be the hmaestead of the
Ovner(a).
~ (4) The Dwelling Unit must rmin Affordable Rousing
for fifteen (15} years from the date a certificate of
occupancy is issued for the Dwelling Unit.
C. To qualify for an Impact Fee deferral, a Dwelling Unit
offered for rant must meet all of the following criteria=
(1) The household renting the Dwelling Unit must have
a very low or low income level, at the commencement of the
leasehold and during the duration thereof, as those terms
ere defined in Appendix A and the amount of rent must be
within the affordable Housing guidelines esteblishnd in
.; Appendix A.
;.,- (2) The Dwelling Unit must be the household's
~. pemnent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Units at the time the Building Permit was issued shall become due
and payable and shall be immediately repaid to the County upon
"'; the sale of the Dwelling Unit to a non-qualified purchaserl
" provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
i will be made to the Collier County affordable housing trust fund.
For the purposes of this Section 3.04, a non-qualified purchaser
words $Dldlr/JJl~ are addedl words =~-~-;:h ~-.~.r;;~.~. are deleted,
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is a ~son who does no~ satisfy the A£fordabls Housin~ .itstie
set forth in subsection B above or a Person who does nct agree
the terms of the waiver or defertel of impact .fees agreement.
g. The Impact Fees deferred for rental Dwelling Units at
the time the Buildin9 Permit was issued shall become due 'and
shall be issediately repaid to the County upon the discontinuance
o£ use o£ the Dwellin9 Unit as AffOrdable Housing or fifteen (15)
years from the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Xny Impact Fees waived for an owner-occupied Dvsllin~
Unit at the time s BuildJeW Permit was issued shall become duo
and payable and shall be issedtately repaid to the County if the
DwelljeW Unit is sold or transferred to m non-qualified purchaser
durin9 the fifteen (15) year period after the certificate of
occupancy is issued for the Dwelling Unit. If the Impact Fee
waiver was paid with State Housing Initiatives Partnership
Progem funds, repayment will be made to the Collier County
affordable housing trust fund. If the Dvellin9 unit is used as
Mrsfriable Housing in compliance with Section 3.04 of this
Ordinance for fifteen (15) years after the date the certificate
of occupancy is issued for the Dwellin9 Unit, the lmpac~ Fees ere
no longer due and the lien on the Dwelling Unit shall be
released.
G. The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an owner-occupied
or rental &tfordable Hensin9 Dwelling Unit shall be the
percentage set forth in lppsndix 1. The Impact Fees waived or
deferred shall be a lien on the property until sll requirements
under this Section have been satisfied.
H. (l) Annually, the Owner of s rental Dwelling Unit
shall. provide to the County Nanager an affidavit of compliance
with the 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 Insores of any
~rd$ ~ are added; w~d$ _-~.~:.% ~.~=~ are deleted,
unit re'tar which originally qualt£1ed as very low o~ low income
lm1 as de~in~ in A~ix A excs~s ~e A~f~dable H~si~
~eZit s~r~ set Z~ in ~ix ~ by s~e ~an
~n~ (4Or), ~sn ~s defamed X~a~ Fee shall
~ia~ly due a~ ~yabls ~ ~a ~er or, in the alternative,
~s ~ shll ~vs ninety (90) days to c~ly wi~
affable H~i~ s~ds set fo~ ~ ~ix X.
(2) XZ ~s h~old ~c~s oZ ~s ~aliZied ~er-~i~
~ell~ ~it rises a~e ~e hneZit s~a~s for ~i~rs
def~als set f~ ~ ~ix ~, ~e ~ shall ~in
nl~ ~/ff deZ~al. N~i~s~i~ ~e f~oinf, all
m~i~ Z~a~ Fees waiv~ ff daZereed shall N r~aid in
hll ~ sale ff transfer of ~e ~elli~ ~it to a
n~alifi~ ~c~ser, e~ for waived X~a~ Fees ~ere the
~ff ~s ~li~ wl~ ~e Affordable H~sin~ flitaria set
~ Se~l~ 3.04 f~ fifteen (IS) years after ~e is~anC~ of
I. ~e ~ receiv~ ~ ~ Fee ~iv~ ~ deZa~al
s~ll en~r in~ ~ ~ fee a~emnt wi~ ~a C~ty ~ich
a~emnt s~ll ~ide Z~, at a minis, ~e foll~ing a~
~11 f~ include ~ pr~lsions da~ necessa~ ~
~ ~ efZm~ ~e ~isions of ~is
(X) ~e l~al desffiption of ~e ~elling
(2) ~ere an X~a~ Fee ~ivar ff daZereal is given to
an ~er ~o will h selling ~ tentiny ~a ~elling ~lt to
a ~~ent ~c~ser or renter, ~e Li~a~ ~st~ X~a~
~m~ion mat ~ sold ~ rent~ to h~aholds
~e ~tt~ta se~ Z~ In ~is Se~t~ in ~er to ~tn~in
~s ~lvsr ~ ds~e=al. X~a~ Fee waivers or dsfe~als paid
Z~ wi~ S~ H~i~ Xnitiatives P~srship
~~ f~ds will only ~ ~antsd dirs~ly to ~srs
Mating A~ix A ~aliZications and apprml prior to
Bulldi~ Penit issu~ce. ~ ~sllinq Unit shall ~alify as
~er~isd iZ a lsass-p~chase a~esment is in effect
~l ~ are added~ wordl :tr~c~ '~ ...... are delete.
the data of issuance of the Impact Fee ~aiver or deferral or
within thirty (30) days thereof and within twenty-four (24)
SOnthE from the date of issuance of the certificate of
occupancy or the execution of the lease-purchase a~reesent,
whichever is later, the option to purchase is exarcised'lnd
the purchaser takes ownership of the Dwelling Unit. If the
purchaser fails to purchase 'the Dwellinq Unit within the
twenty-four (24) month period, then the waived or deferred
XmI~ct Fee suet be repaid immediately unless the Dwelling
Unit is sold to another qualifyir~ Owner.
(3) For owner-occupied Dwelling Units, the amount of
Impact Fees deferred shall be repaid to the County upon the
sale or transfer to a non-qualified ~rchaser. If Impact
Fees yore paid with State Hcusin~ Initiatives Partnership
[SHIP] Program funds, repayment viII be sade to the Collier
County affordable housir~ trust fund. For rental u~its, the
Impact Fees deferred shall be repaid upon the discontinuance
of use of the Dwellinq Unit asAffordable Housing or fifteen
(15) years fz~a the issuance of a certificate of occupancy,
,,: whichever occurs first.
..:
(4) For owner-occupied Dwelling Units where Impact
Fees have been waived, the Dwelling Unit suet be utilized by
the original qualifying Owner, or subsequent qualifying
purchaser, as lL~fordabls HousinV in compliance with Section
3.04 Of this Ordinance for a fifteen (15) year period after
the certificate of occupancy is issued and if the Dwelling
Unit is .sold to a non-qualifying purchaser, the Impact Fees
shall be repaid to the County. If lapact Fees were paid
with State Housing Initiatives Partnership [SHIP] Program
fund8, repayment viII be Bade to the Collier County
affordable housing 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
,. 065 ,,~, ~
words ~ are addedX words ~ are deleted.
-6-
."','. s~ressent. The s~ressent dsscribed herein shall operate as a
~.~- lien aVetest the Dwelling Unit, The lien shall tarsiesta
":' upon the recording of a release or sa~ls£action of lien in
the public records of Collier County. In the case of a
waiver, such release or satisfaction shall be filed fi£tsen
years after the issuance of the certificate of occupancy
provideS Owner acteS in coupllanos with the agreement or
upon repayment. Xn the case of a defertel, such release
shall be recordeS upon repayment.
(S) Annually, the Owner of a rental Dwelling Unit shall
~: provide to the County Manager an affidavit of c~splianCs
with the criteria set forth in this Section, An affidavit
RUst be fileS within thirty (30) days of the anniversary
da~e of the issuance of a certificate of occupancy. If the
incise of any unit rantar which originally qualifieS as very
low or low incose level as defineS in lppendix I sx~aeSs the
~, lffct~dable H~usin~ benefit standards set forth in Appendix A
. by Bore than fort7 percent (40%), then the deferred Impact
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.
.T-, (7) Upon satisfactory completion of the agreement
reclulrementa, the County shall record any necessary
i,.~ documentation evidencing same, Including, but not limited
~ to, a release of lien.
.feL In the event the OwneT is iFi default: under
leTcement. and the default is not cured within thirt;V
dave after written notice is troyideal to the Owner. the
Board may brine a civil action to enforce the .aCtrecreant.
The Board shall be entitled to recover all fees and costs.
includino attornevts fees and costs. incurred bv the Board
in enforcind this earcement. PlUS Interest at the statutory
,oo, 065 ,,,, Z60
words ILI3iirll2d are added; words =~-r-':h -..k~.~. are deleted.
-7-
rs~s (or ~udemsnts ealeulstsd on a eatsndsr day basis untit
~L ~ ~e a~sasnt shall ~ bindt~ u~n *the
~ ~ ~e a~smn~ shall ~ recorded in the
O~fictal bcords of Collier C~ty.
~. ~s ~ o~ l~ Fee' ~ivers ~d ds~e~als ~ant~
a~t a~at~ ~ ~s ~ard at 1to final ~ltc heart~9
r~n9 ~e ad~on of ~s ~ual ~ ~dgst and ~s
all~t~ to I~a~ Fee ~vers and deferale ~n ~o
~y H~ bsis~ncs Plan, as establish~ ~
~i~n~ No. 93-19. I~a~ Fee waivers a~ ds~s~als ~ant
~ ~ls 2o~ion s~ll ~ln in the 1993-94 fiscal year
~ re~t~ o~ S~ts H~stn~ Initiatives Ps~ership [~P]
~ f~s. All l~a~ Fees waived ~ dsZs~sd shall' ~ paid
~ ~e ~rd ~to ~s Li~a~ ~sta I~a~ Fee ~st Acc~t
wi~in six (6) ys~s Zr~ ~s date oZ ~s aw~ o~ a waiver
~/~ dsZ~al as ~id~ heroin, ~t in no ~snt, later
~ose I~ Fees ~lv~ or dozenS. ~s Boa~ shall pay into
~s L~ ~ ~ Fee ~st A~t n~ ~ts ~al
any l~a~ Fees ~i~sly ~iv~ or dsZs~ ~ the Board
~i~sly sx~ or re__sod ~ ~s Boa~ wi~in six (6)
years fr~ ~s hie oZ rich waiver, dsZe~al, sx~ion
re__stunt, ~t in no event later ~an ~s time ~ch ~ts
are ne~ f.or a pro~s~ f~ded ~ ~oss I~a~ Fees waive,
dsZs~, ex~ or reidreed. Waivers and dsZs~als shall
is~ in ~s order ~at c~lstsd ~sliZying a~lications are
rsceiv~ ~ ~s ~ty Hanagsr. At leas~ fo~y ~rcent
~s a~t ~d~sted for I~ Fee waivers and/or deferale
~ utiliz~ to Z~d I~ Fee waivers a~/or deferale for
single f~ily ~er-oc~pied ~ellin~ Units se~in~ the ve~ lo~
and 1~ inc~e levels.
wo~s ~ are add~l words =~r;=~ ~;;;~ are deleted.
,~_
"' Xo Xny changes or asandmants to Appendix A or the minisum
funding rsquirssants adopted in this Section mus~ occur as an
ordinance asendssnt at a publio hastin; of the Board of County
Cosslssionsrs o~,mrrlng after 5f00 p,m,
f-, No ~£ordable Housing vaivsr or daZarral shall', be
· granted for a v-ibrary Systsn Znpac~c Construction pro~sc~ vhtch
consists o£ a Mobile
x. No~viths~andina any ~rovisions slsevhers in this
Ordinance to the contrary. any Ovner that develops an XEfordabls
Housina rental auar~san~ complex consistins in vhola or uar~
Dvallina Units earvine very lov and/or 1or income lsyOls and
meetins all raaul~sments. and s~b~ec~ to all conditions.
geeti~n 3.04 shall be entitlsd ~o de~er one hundred
f100%t of the Z~ac~ Fees a~licabla only to such rental D1felliP~
Unite aervin~ very 1or and/or 1or income lsvsla if: fil all sllch
deferred Teac~ Fees are 9aid on or before the end of six
veers from the data such Z~ac~ Fees are deferredf and fiil the
rental a~ar~msnt dsvelo~ssnt shall remain X~ordable
aualifisd runder Section 3,04 of this Ordinance~ for a minimum
sz~rl~ ~wos C~nZli~ and Saystability
~hs provisions of this Ordinance shall bs liberally
construed to sf£sc~ivsly carry ou~ its purposes in the in~srss~
~£ publio hsalth, sa£s~y, vsl£ars and convenience, 1£ any
ss~ion, phrass~ sentence or portion of this Ordinance is for any
reason held invalid or unconstitutional by any cour~ of cc~patsn~
~urisdic~lon,, such portion shall be desmad s separa~s~ distinc~
and indspsndsn~ provision, and such holdin~ shall no~ af~sc~ the
validity 0£ the rssaining portions thereof,
8ZC~/~ ~s Z£Zs~lvs Data
· his Ordinance shall become ef~sc~ivs upon rscsip~ of no~ica
from the Secretary of S~ats tha~ ~his Ordinance has been ~lled
~ith the Secretary o~ S~a~e,
,o. 065 ,,- 262
~ wordm ~ arm eddedi words ~',r;;~_ ........ arm deleted.
-9-
P~S~D AND DULY laDOPTED by tha Board of County Commissionmrs
o£ Collier County, Florida, this 3~h day
1994o
~'!NZGIIT . BRC~K, Clerk COL/~ COUNTY~
;.,,,- .~- ;' :.
· .,?.:..~- -,
~pproved as'to £ors and ·
leg 1 su~Zicitncys
· ssistan~ County Xttornty
.~"
vords~ars addedy vordsse~t~s~kars dslmtsd,
STATE OF FLORZDA )
courrr OF COr. T~ZER )
i, DWIGHT 1. BROCK, Clerk of Courts In 8nd for the
Twentieth 3udicisl Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true cop/
Ordinance No. 94-16
which was adopted by the Board of County Commissioners on
the 30th day of March, 1994, during Special Session.
·
WITleSS my hand and the official seal of the Board of
· County Commissioners of Collier County, Florida, this 6th
i~.
day of April, 1994.
:
·
DWIGHT Z. I~ROCK ·
·
" Clerk of Courts and Clerb*
Xx-offtcto to Board of ~ *~ *'..,~.
i:' County Commissioners .- ** -_
'~;/.Z_'-. --
,,
Depu~:y Clerk n",; :~ ,,
/ ·