Ordinance 94-17 ORDINAIfC'~ NO. 94-17
2MfEZfl)i N(I COLLIER ~ O~I~
28-96, ~ ~, ~NO ~ ~ ~l~
· - P~ ~ ~~ON~ FA~LI~ES ~A~
' ~~ ~IN~ 2E~ON 4.05, ~D~NG
FOR MODI~TION OF ~SIONS ~TING TO
A~~LE ~S~G~ ~DINC FOR ~I~
S~ILI~$ ~ ~DING ~ ~~ DA~.
~, ~e ~d of C~ty C~iss~oners of Collier C~nty
on ~~r 13, 1988 ena~ ~11~er C~nty ~d~nance No. 88-96,
es~bl~shl~ a Par~ and ~eat~o~l Fac~lities I~a~ Fee
~i~nce~ a~
~ ~y 22, 1991, ena~ ~11~er C~ ~d~n~ce No. 91-39,
~l~ ~l~nce No. 88-965 and
~, ~e ~ard of C~nty C~ss~oners of Collier C~nt~
~ ~ 6, 1992 ena~ ~dinance No. 92-29, ~ch amend~ Collier
~ ~d~nce 88-96~ ~d
~, ~e ~ of ~ty ~sst~ers of ~ll~r
~ ~ 16, 1992 e~g Collier ~ ~h~ce No. 92-97,
~ing ~nce No. 88-96S a~
~, ~e ~d of C~ C~lssioners of ~11ter C~
~ Auger 10, 1993 ~a~ Collier C~ ~ina~ce No. 93-52,
~, ~e ~ of ~t~ ~issioners of Collier C~t~
on Fe~ 28, 1994 e~ed ~dinance No. 94-6I
~, ~e ~rd of C~nty C~lssioners of Collier C~
Is des~s of ~endlng ~e provisions of ~dtnance No. 88-96, as
~, relating to affordable h~lng.
N~, ~~, BE IT O~AI~ BY ~
S~ ~S ~e2ent ~ Seotion 4 · 0S of Collier C~
~d~oe ~o. sS-9e, as ~endsd
Se~ion 4.05 is here~ ~ended to read as fo11~s:
Se~ion 4.05. Affordable Housino
a. ~rsuant to the ~ideltnes established ~n ~ts Se~ion,
~e ~ty shall (1) waive or (2) defer, as a~licable,
Wo~s ~ are addedJ words =~r;=k ~r=;;h are delete.
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pmym~' Of the Zmpsc~, Fee fcrr eny new ~er-~iH ff ~1
~, . ' ~liftes as Affable H~sing ~der A~ndix I o~ ~ls
(1) ~ ~rs~ seskin~ an XZZ~abls
dsZ~al f~ ~ssd P~ and ~satio~l Facilities
..- ~a~ ~~i~ s~ll file wi~ ~e ~ ~nager an
X~li~ti~ f~ ~iv~ ff deZs~al. ~i~ to recsiv~ a
hilding Psnit for ~s ~ssd P~ks and ~satio~l
Faeilitiss l~ ~s~ion. ~s X~li~ti~ for uivsr
~' ff dsfs~al shll ~nUin ~s foll~ings
(a) ~s hams a~ ad~sss of
(b) ~s lsfal dssffi~i~ of ~s Rssidsntisl
~y ~ ~ich ~s Parks a~ ~satio~l
Facilities l~a~ ~m~i~ shall ~ c~s~~
(c) ~& in~ l~sl of ~s
--' is a ~ildsr, ~s in~e l~el of ~e h~old to
~. ~i~ ~s ~11~ ~it will ~ sold ~ r~t~
(d) ~e ~ oZ ~ in ~ch ~ellin~
oZ ~e Par~ a~ ~eatio~l Facilities I~a~
(2) IZ ~s ~~ Parks and ~$ati~l Facilities
I~ ~~ion s$~ ~e r~irmnts Z~ an ~for~ble
H~sl~ ~iver ~ deZ~al as set
~en ~s C~ ~ger shall i$~e
defe~al, as a~li~ble, to ~s ~er
I~ ~ee ~iver or dsZe~al shall ~ ~esent~ in lieu oZ
paint oZ ~e I~a~ Fee ~rsuant to Se~ion 2.02.
$. To ~aliZy for an Impact Fee waiver ~ deZe~al, an
~~pi~ ~ell~ ~it ~st meet all oZ ~e Zoll~in~
~lteria x
(1) ~e ~er(s) or an~icipat~ ~er(s) o~ the
~ellin~ Unit ~st have a ve~ 1~, 1~, or m~erate inc~s
level, at ~e time oZ issuance oZ the I~a~ Fee waiver or
:~( Words ~ are addS; words :~r=;~ '~ ...... are deleted.
ds~erTml, me those tenmm are defined in Appendix Z, and the
sonthly payBent to purchase the unit must be within the
A~fordable Housing guidelines established ':n Appendlx Z. A
Dwelling Unit shall qualify as owner-occupied if ·
lease-purchase agreement is in effect at the date" of
issuance of the Zmpact Fee waiver or deferral or within
thirty (30) days thereof, and'within twenty-four (24) months
from the date of issuance of the certificate of occupanc~ or
the execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the purchaser
takes ownership of the Dwelling Unit. If the purchaser
fails to purchase the Dwelling Unit within the twenty-four
(24) sonth period, then the waived or deferred Z~pact Fee
just be lssedistely repaid unless the Dwelling Unit is sold
to another ~ualifying Owner.
(2) The Owner, or if there is sore than one O~ner, one
of the Owners, must be s first-time home buyer. To qualify
as a first-the home buyer, the Owner must not have had an
ownership interest in his/her primar~ residence in the past
three (3) years,
(3) The Dwelling Unit must be the homestead of the
owns~(m).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Untt~, unless the
Impact Fee is repaid to the County.
C. To qualify for an Impact Fee dsferral, a Dwelling Unit
offered for rent must meat all of the following orlterias
(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
are defined in Appendix I and the amount of rent must be
within the Affordable Housing guidelines established in
Appendix l.
,o. 065 267
Words ~ are added; words :t=::h t.k=;;~:. are deleted,
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(2) The Dwelling Unit must be the household's
pemnant residence,
D. All lspac~ Fsss dsfs~sd ~or ~er-~pisd ~sllln9
~i~ st ~s t~ ~s ~lldln9 Psnit yes issued shall ~c~s due
~ payable ~ shll h insdiatsly repaid to ~hs County ~n
~s sale o~ ~s ~sllt~ ~it to a non~altft~ ~rchas~;
~id~, h~er, If ~s I~a~ Fee de~s~al ~s paid with State
H~sin~ Inl~lativs Pa~srship [~IP] ~u ~unds, rspa~sn~
will ~ Mds to ~s ~llisr C~nty affordable housin~ tnst ~und.
F~ ~ses oZ ~is Ss~ion 4.05, a non~aliEisd ~chaser is a
Person ~o does not satisfy ~s ~fEordabls H~sin~ ~iteria set
f~ In ~s~i~ B a~s ~ a Psrs~ ~o does not a~ss to
tsm oZ ~s waiver ~ dsZs~al oZ i~a~ fees a~s~snt.
S. ~s l~a~ Fees deleted fo~ renal ~sllin~ Units a~
~s t~s ~s ~lldt~ Petit was issued shall ~c~s due and
s~ll ~ ~iatsly r~aid to ~s C~ty ~n ~s disc~ti~ancs
oZ ~s of ~s ~sllin~ ~it as Affordable H~sing or ~tZtsen
y~rs fr~ ~s date o~ ls~ancs of ~e cs~i~i~ts oZ ~p~,
~it a~ ~s t~ a ~ildin~ Petit was isfisd s~ll ~c~ due
~ ~yabls a~ s~ll ~ l~iatsly repaid to ~s ~nty
~sll~ ~t Is sold or ~ansfs~sd to a non~l~f~sd ~chaser
d~n9 ~l ~ftssn (1~) ys~ ~r~ a~ter ~s cs~f~l of
~u~ ~s ~s~ for ~s ~elling Unit. Zf ~s Z~a~ Fee
waivlr ~l ~ld v~ State H~sinf Initia~vls Pamsrship [~P]
~~ f~, rspa~snt v~ll h ~ds to the Collier
~for~ls H~sin9 In c~liancs vl~ Se~on 4.05
~i~ce for fifteen (15) years after ~e data ~e ce~ificate
of ~panq is is~ for ~e ~elling ~it, ~e I~a~ Fees are
no longer due and ~e lien on the ~elling Unit shall
released.
Words ~DtirAtxlid are addedl words :~.;-;;"_ ~ ..... are deleted,
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O.' The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an owner-occupied
or rental Mfordable Housing Dwelling Unit shall be the
percentage set forth in Appendix Io The Impact Fees waived or
deferred shall be a lien on the property until all requirements
urMiar this Section have bean satisfied.
X. (1) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of compliance
with the criteria set forth in this Section. An 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 which originally qualified as very low or low income
level as defined in Appendix I exceeds the Affordable Housing
benefit standards set forth in Appendix I by more than forty
percent (40%), then the deferred Impact Fee shall become
immediately. due and payable by the Owner or, in the alt~rnative,
the Owner shall have ninety (90) days to comply with the
Affordable Housing standards set forth in Appendix I.
(2) If the household income of the qualified owner-occupied
Dwelling Unit rises above the benefit standards for waivers and
defertale set forth in Appendix I, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
cutstanding Impact Fees waived or deferred shall be repaid in
full upon sale or transfer of the Dwelling Unit to a
non-qualified purchaser, except f~r waived Impact Fees where the
Owner has complied with the Affordable Rousing criteria set forth
in Section 4.05 for fifteen (15) years after issuance of the
. certificate of occupancT.
I. The Owner receiving an Impact Fee waiver or deferral
shall enter into 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 Sectionz
(1) The legal description ~f the Dwelling Unit.
,, 065 269
'. Words ~ are added; words e~Paek-%ha~ are deleted.
j. -5-
· q~ ~. (2) Where an Znpact roe waiver o~ defertel is given to
sn Owner who will be selling or rentin~ the Dwelling Unit
' a eabssquent purchaser or tenter, the Parks end Reoreational
Facilities lnpac~ Construction Bast be sold or rented to
households sastin~ the orltaris set £orth in this Sactior~ in
order to maintain the waiver or da£erralo Impact Fee waivers
or de£arrals paid for with State Housing Znitiatives
Partnerehip [SHIP] Program funds will only be granted
directly to buysrs usering Appendix I qualifications and
approval prior to Building Permit issuanc, o A Dwelling Unit
~ shall qualify as owner-occupied i£ a leaea-purchass
agreesent is in e£fect at the data of iesuanc, of the Impact
Fee waiver or defertel or within thirty days thereof, and
within tventy-£our (24) Iotlths from the date
th, ~ertificat~ of occupancy or the execution of the
laase-purchas, agreement, whichever is later, the ~ption to
purchase is sxercieed and the purchaser takes ownership
the Dwelling Unit° If the purchaser fails to purchas,
Dwelling Unit within th, twenty-four (24) uonth period, then
the waived or d~ferred Zmpact Fe, suet be repaid ismadiataly
unless the Dwelling Unit Is sold to another qualifying
Own,r°
!* (3) For owner-occupied Dwelling Units, the amount
· Zmpact Fees deferred ehall be repaid to th, County upon
sale or transfer to a non-quali£1sd purchaser°
Feee yore paid with State Houeing Znitiatives Partnerahip
[SHIP] Program fundsw repayment will be mad, to the Collier
County A~fordabl, Housing Trust Fund. For rental
Impact Foes deferred mhall be repaid upon th, diecontinuano,
of us, of the Dwelling Unit as Affordabl, Rousing or
(15) years from th, issuance of a certificate of ocoupancyw
whichever occurs first.
(4) For owner-occupied Dwelling Units ~here Zmpact
F, es hay, bean vaived, the Dwelling Unit Bast be utilized by
2'70
Words ~ are added; words :'.~;:~ -.~::;~.~. are deleted.
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"~' th~ original quslifyin~ O~nsr, or subsequent qualifying
Imrchassr, as ~£ordable Housing in compliance with Bsc~ion
· 4.05 of ~his Ordinance ~or a ~iftsen (15) year period a£ter
· he cer~i£ica~e of occupancy is issued and if ~he Dwelling
Unit is sold to a non-qualifying purchaser, ~he lmpac~c Pass
shall be repaid to ~hs County. If lapac~ Fees were paid
wi~h B~ats Housin~ InitiatiVes Partnership [SKIP] Program
funds, repayment viII be made to ~hs Collier County
affordable housing 4~ust fund.
(5) The deferred and/or waived lapac~ Fees shall be a
lien on ~he proper~y which lien may be £oreclosod upon in
the event of non-compliance with the requirements of the
agTssmsnt. The a~rsement described hersin shall operate as
a lien against the Dwelling Unit. The lien shall terslnate
upon the recording of a release or satisfaction of lien in
the publie records of Collier County. In the case of a
vaivsr~ such release or satisfac~ion shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner ac~ed in compliance with the agTeement or
upon repaysent. Xn the case of a deferral~ such release
shall be recorded upon repayment.
(6) Annually~ the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of
cospliancs with the criteria set forth in this Section. An
, affidavit must be filed within thirty (30) days of the
',: anniversary date of the issuance oZ a certificate of
occupancy. If the income of any unit rantar which
crtVinally qualified as very low or low income level as
defined in Appendix I exceeds the X~fordable Housing benefit
s~andards set forth in Appendix I by more than for~y percent
(40t), then the deferred Impac~ Fee shall become immediately
due and payable by the Owner orw in the alternativew the
Owner shal 1 have ninety ( 90 ) days to comply with the
Affordable Housing s~andards set forth in Appendix I.
, ,o. 065 271
Words ~ are added; words ..... ~ '~ ..... ~ are deleted.
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(7} Upon satisfactory completion of the agreement
requirnants, ~he County shall record any necessary
dot4n~ntation svldsncin~ same, includinq~ but not limited
to, a release of lien.
fs~ In the event the Owner is in default uqdsr this
maresmerit. and the default is not cured within thirty f301
days after written notice iS provided to the Owner. the
Board may brine a civil action to enforce the marassent.
The Board shall be entitled to recover all fees and costs.
tncludina sttornev's fees and costs. incurred by the Board
in snforcin~ this maretruant. plus interest at the statutory
rats for 4ud~msnts calculated on a calendar day basis untt]
fg~ ,st The a~rssmsnt shall be bindin9 upon the
Owner~s successors and assigns.
~ #^' The agreement shall be recorded in the
Official Records of Collier County.
· . The amount of Impac~ Fee waivers and defertale
9ranted pursuant to this Section shall be limited, in total,
to the amount appropriated by the Board at its final public
hearing regarding the adoption of the annual County budget and
the amount allocated to Impact Fee waivers or defertale in the
Collier County Housin9 Jtssistanca Plan, as established by
County Ordinance No. 93-19. Impact Fee waivers and defertale
pursuant to this Section shall b~in in the 1993-94 fiscal year
or earlier upon receipt of State Housing Initiatives
Partnership [SHIP] Program funds. All Impact Fees waived or
deferred shall be paid by the Board into the appropriate parks
and raorsationsl facilities impmot fee trust account within six
(g) years from the date of the award of a waiver and/or
dafarral as provided hersin, but in no event, later than that
time when that amount is needed for a pro~act funded by those
Impact Fees waived or deferred. The Board shall pay into the
appropriate parks and recreational facilities impact fee trust
,0. 1::}65 -c, 27Z
Words ~ are addad~ words :',:-;=~ -~ ...... are deleted.
-8-
s~un~ such amounts equal to any Zspac~ Fees previously waived
i:"~ or deferred ~y the Board, or previously axssptsd or rsimlmrssd
by the ~oard within six (S) years from the date of such waiver,
dsfsrrsl, sxssption or rsiml~trssment~ but in no svent~ later
than the tim, much amounts are needed for a pro~e~ funded
those Xmpa~ Fsas waived, dsfsrrad~ exempted or reimbursed,
Waivers and dsfsrrals shall b, issued in the order that
cozplatsd qualifyin~ applications are received by the County
~anagsr, At least f~ty p~rcsnt {40~) of the amount budgeted
for Xmpact Fee waivers and/or defertale must bs utilized to
fund Xmpac~ Fsa waivers and/or ds£srrals for single family
~vnsr-occupisd Dvellir~ ~nits ssrvin~ the vary lc~ and
imams levels,
X, Any chan~ss or amendments to ~ppsndix X or the
minisus fundin~ rsquirmnts adopted in this ~s~ion must
· . as an ordinance amendment at a public hearing of the Board of
County C~maissioners occurring aZtsr 5~00 p,m,
1~, No Affordable Hous~n~ waiver or defertel shall be
granted for a Parks and Recreational Facilities Impecho
Construction pro~ect which consists of a Nobile Home,
X, ~otvithstandin~ any ~rovisions elsewhere in this
Ordinance to the contrary. anv 0vnsr that develops an
A~crdabls Housina rental aeartment complex consistins in
or ~art o~ Dvsllin~ Units ssryina verY low and/or low income
levels and meekins all requirements. and subject to
conditions. o~ Section 4,05 shall be entitled to defer
hundred earcent fl00t~ o~ the Tm~act Fees a~licabls only
such rental Dwellins Units setvine very low and/or low inC~ms
levels i~x fi~ all such deterred rm~act Fees are said on 9r
beEors the end o~ six f6~ years ~rom the date such ~m~aCt Fes~
are dersrrsdx and fii~ the rental a~artment develooment shalt
remain Affordable Honeins a~lali~ied [under Section 4,05 o~ this
Ordinance~ for a minimum o~ 15 years,
Words ~ are added; words ....... ~ ...... are deleted,
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~e ~lst~s
~st~ ~' effs~lvsly u~ ~ its ~ses in ~s interest
o~ ~lie hul~ ssfsty~ vslfars
ss~t~, p~sse~ ssntsnu
reas~ hsld l~altd
J~l~t~l~, ~ ~ion s~ll ~ dsued a ssparats~ dtstin~
a~ i~~snt ~isl~
nltdl~ o~ ~e training ~ions ~srsof,
~is ~di~ncs shall Ncas e~s~lve u~n rsceip~ o~ n~ice
f:~ ~s Se~e~ of 6~ts ~at ~ls ~dinance has hen fixed
t~SD ~ ~ ~ ~ ths Board of C~nty Cmtssionsrs
1994. ,
* = .' '~ ~n'~ '*
~ ss ~ f~ ~ . ~.~'
~d D. ch
~sls~t
~"'~ Words ~ ars sddsdt words ~.~-.:;~ ~,~:~;~ are dslstsd,
rrA'rE OF ]~.,OR'~DA
COU]rfY OF COLLIER )
X, ~IG~ g. BROCK, Clerk of C~rts In and ~o~ the
~tleth ;udtcJal Circuit, Collier County, l]ortda, do
here~ certify that the fore~oln~ ~s s t~e co~ of~
0rd~nince ~o.
~Jch was adopted by the ~ard of C~nty Conlss~oners on
the 20th day of Hatch, 1994, durtn~ Special
~88 ~ hand ~d the o~f~c~l seal of the Board
C~ty Contlstoners of Collier County, Florida, this 6th
day of &pr~l, 1994.
Clerk oZ Courts ~d Clerk.*"
., .-,.
Deity Clerk