Ordinance 94-20 OI~IXANCE NO. 94- 20 _
ORDINANC~ AMENDING COLLIER COUNTY
INANC~ 92-33, AS AHENDED, RELATING TO
COLLII~ COUNT~ ~DUCATIONAL FACILITIES
TEM IHPACT FEE ORDINANCEI AMENDING
F~TION 3.05, FROVIDINC FOR MODIFICATION
OF PROVISIONS RELATING TO AFFORDABLE
SINOI PROVIDIHO FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
~, the Board of County Commissioners of Collier County
on May 17, 1992 enacted Collier County Ordinance No. 92-31,
establishinq the Collier County Educational Facilities System
lapact Fee Ordinance; and
WliXRIAS, the Board of County Commissioners of Collier County
o1~ 2e~r 2, 1991, enacted Collier County Ordinance No. 91-65,
amsndln~ Ordinance No. 91-33; and
WHIRIAS, the Board of County Commissioners of Collier County
on Au~us~ 10, 1993 enacted Collier County Ordinance No. 93-55,
amendin~ Ordinance No. 92-33; and
WHXKEAS, the Board of County Commissioners of Collier County
on February 28, 1994 enacted Collier County Ordinance No. 94-9,
amending ordinance No. 92-33.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that=
2ECTION OIZt Amendment to 2sotion 3.05 of Collier County
Ordinanoe No. 92-33, as amended
Section 3.05 is hereby amended to read as follows~
2ection 3.05 Affordable Housing
A. Pursuant to the guidelines established In this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of t~e Impact Fee for any new owner-occupied or rental
Educational Facilities System Impact Construction whichqualif~es
as Affordable Housing under Appendix A of this Ordinance.
(1) Any person seeking an Affordable Housing waiver or
defertel for proposed Educational Facilities System Impact
Construction shall file with the County Manager an
Application for waiver or defertel, prior to receiving a
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Bu~ldin~ Persit for the proposed Educational Facilities
2yetera Impact Construction. The Application for waiver or
defertel shall contain the lollowing*.
(a) The name and address of the Owner~
(b) The legal description of the Residential
property upon which the Educational Facilities System
Impact Construction shall' be constructed~
(c) The income level c~ the Owner or iZ the o~ner
is a builder, the income level of the household to
which the D~elling Unit viI1 be sold or rented~
(d) The number o~ bedrooms in each Dwelling Unit
of the Educational Facilities System Impact
Construction.
(2) If the proposed Educational Facilities System
Zmpact Construction seats the requirements for an Affordabl,
Housing waiver or deferral as sat forth in this Section,
then the County Hanager shall issue an lmpac~ Fee waiver or
defertel, as applicable, to the Owner or Applicant. The
lipact Fee waiver or defertel shall be presented in lieu oZ
payment of the Impact Fee pursuant to Section 2.02.
B. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dw,lling Unit must meet all of the follrding
crlt,riax
(1) The Owner(s] or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate
income level, at the time oZ issuance o£ the Impact Fee
waiver or d,ferral, as those terms are defined in
Appendix A, and the monthly paysent to purchase the
unit must be within the Affordable Housing quidelines
established in Appendix A. A Dwelling Unit shall
qualify as o~ner-ocoupted if a lease-purchase agreement
is in effect at the date of issuance of the Impact Fee
waiver or defertel or within thirty (30) days thereof
and within twenty-four (24) months from the date oZ
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issuance of ths certificate of occupancy, or the
execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the
purchaser takes o%mership of the D~elllng Unit. If 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 i f there i s 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) The Dwelling Unit must be the homestead of
the Owner(s).
(4) The Dwelling Unit must remain A~fordable
Housing for fifteen (15) years from the date a
certificate of occupancy is issued for the Dwelling
Unit unless Impact Fee is repaid to the County.
C. To qualify for an Impact Fee deferral, a Dwelling Unit
offered for rent must meet all of the following criteria:
(1) The household re.ting 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 A and
the amount of rent must be within the Afford. able
Housing guidelines established in Appendix A.
(2) The Dwelling Unit must be the hcusehold's
petsanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Unite 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 purchaser~
provided, however, if the Impact Fee deferral was paid with State
Housin~ Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing trust fund.
For purposes of this Section 3.05, a non-qualified purchaser is a
Person who does not satisfy the Affordable Housing criteria set
forth in subsection B above or a Person who does not agree to'the
terms of the waiver or deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
shall be iwmediately repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen (15)
years from the date of issuance of the Certificate of Ocoupanc~,
whichever occurs first~ provided, however, if the Impact Fee
deferral was paid with State Housing Initiatives Partnership
[SHIP] Program funds, repayment will be made to the Collier
County affordable housing trust fund.
F. Any Impact Fees waived for an owner-occupied Dwelling
Unit at the time a Building Permit was issued shall become due
and payable and shall be immediately repaid to the County if the
Dwelling Unit is sold or transferred to a non-qualified purchaser
during 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 [SHIP]
Program funds, repayment will be made to the Collier County
affordable housing trust fund. If the Dwelling Unit is used as
Affordable Housing in complianc~ with Section 3.0S of this
Ordinance for fifteen (15) years after the date the certificate
of occupancy.is issued for the Dwelling Unit, the Impact Fees are
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 Affordable Housing Dwelling Unit shall be the
percentage set forth in Appendix A. The Impact Fees waived or
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deferr;d shall be a lien on the property until all requirements
under this Section have been satisfied.
H. (1) Annually, the Owner of a rental D~elling Unit shall
provide to the County Manager an affidavit of compliance with the
criteria set forth in this Section. An affidavit must be f}led
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
(40%), then the deferred Impact Fee shall become immediately due
a~d payable b~ the Owner or, in the alternative, the Owner shall
have ~lnety (90) days to comply with the Affordable Housing
standards set forth in Appe.dix A.
(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 A, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
cqatstanding Impac~ Fees waived or deferred shall be repaid in
full upon sale or transfer of the Dwelling Unit to a
non-qualified purchaser, except for waived Impact Fees where the
Owner has complied with the Affordable Housing criteria for
fifteen (15) years after the issuance of the certificate of
occupancy.
I. The Owner receiving an Impact Fee waiver or cleferrs1
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 Sections
(1) The legal description of the Dwelling Unit.
(2) Where an Impact Fee waiver or deferral is given to
an Owner who will be selling or renting the Dwelling Unit to
a subsequent purchaser or renter, the Educational Facilities
System Impact Construction must be sold or rented to
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households meeting the criteria set forth in this Section in
order to maintain the waiver or deferral. Impact Fee
waivers or defertale paid for with State Housing Initiatives
Partnership [SHIP] Program funds will only be granted
directly to buyers meeting Appendix A qualifications ',and
approval prior to Building Permit issuance. A D~elling Unit
shall qualify as owner-odcupied if a lease-purchase
agreement is in effect at the date of issuance of the Impact
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 occupancy, or the execution of the
lease-purchase agreement, whichever is later, the option to
purchase is exercised and the purchaser takes ovnership of
the Dwelling Unit. If the purchaser falls to purchase the
Dwelling Unit within the twenty-four (24) month period, then
the waived or deferred Impact Fee must be repaid im~ediately
unless the Dwelling Unit is sold to another qualifying
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 purchaser~ provided,
however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds,
repayment will be made to the Collier County affordable
housing trust fund. For rental units, the Impact Fees
deferred shall be repaid upon the discontinuance of use of
the Dwelling Unit as Affordable Housing or fifteen
years from 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 must be utilized by
the original qualifying Owner, or subsequent qualifying
purchaser, as Affordable Housing in compliance with Section
3.05 of this Ordinance for a fifteen (15) year period after
Words~ar$ added~ words =~r~:h thr:u~ are deleted.
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the certificate of occupancy is issued and if the Dwelling
Uni~s sold to a non-qualifying purchaser, the Impact Fees
~II · ai to County. If the Impact Fees were paid
; shall'be r p d the
wia.~State Housing Initiatives Partnership [SHIP] Program
funds, repayment will be made 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
agreement. The agreement described herein shall operate as a
'lien against the Dwelling Unit. The lien shall termil:.:te.
upon the recording of a release or satisfaction of lien in
the public records of Collier County, In the case of a
waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or
upon repayment. In the case of a deferral, such release
shall be recorded upon repayment.
(6) Annually, the Owner of a rental Dwelling Unit
shellS, provide to the County Manager an affidavit of
cornplaice with the criteria set forth in this Section. An
affiXwit must be filed within thirty (30) days of the
nniv~rs ry date of the issuance of a certificate of
a a
occupancy. If the income of any unit tenter which
or 11y q~alified as very low or low income level as
defined in Appendix A exceeds the Affordable Rousing benefit
standards met forth in Appendix A by more than forty 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.
(7) Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
words ~ are addedt words a~rae~--4~weu~h are deleted.
documentation evidencing same, including, but not limited
to, a release of lien.
(8} In the event the Owner is in default under this
acrreement. and the default is not cured within thirty C30]
dave after written notice is provided to the Owner, the
Board may bring a civil action to enforce the agreement.
The Board shall be entitled to recover all fees and costs.
includina attornev's fees and costs. incurred by the Board
in enforcina this a~reement. DlUS thterest at the statutory
rate for ~ud~ments calculated on a calendar day basis until
~9~ '~' The agreement shall be binding upon the
Owner~s successors and assigns.
~ '^' The agreement shall be recorded in the
Official Records of Collier County.
J. The amount of Impact Fee waivers and defertale granted
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 and defertale in the Collier
County Mousing Assistance Plan, as established by County
Ordinance No. 93-19. Impact Fee waivers and deferrals pursuant
to this Section shall begin 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 Educational Facilities System Impact Fee
Trust Account within six (6) years from the date of the award of
a waiver and/or deferral, as provided herein, but in no event,
later than that time when that amount is needed for a project
funded by those Impact Fees waived or deferred. The Board shall
pay into the Educational Facilities System Impact Fee Trust
Account such amounts equal to any Impact Fees previously waived
or deferred by the Board or previously exempted or reimbursed by
the Board within six (6) years from the date of such waiver,
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deferral, exemption or reimbursement but, in no event, later than
the time such amounts are needed for a project funded by those
Impact Fees waived, deferred, exempted or reimbursed. Waivers
and deferrals shall be issued in the order that completed
qualifying applications are received by the County Manager. At
least forty percent (40%) of the amount budgeted for Impact Fee
waivers and/or deferrals must be utilized to fund Impact Fee
waivers and/or defertale for single family owner-occupied
Dwelling Units serving the very low and low income levels.
K. Any changes or amendments to Appendix A or the minimum
funding requirements adopted in this Section must occur as an
ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or Deferral shall be
granted for an Educational Facilities System Impact Construction
project which consists of a Mobile Home.
M. NOtwithstandina any Drovisions elsewhere in this
Ordinance to the contrary. any Owner that develops an Affordable
Housinu rental apartment complex consistins in whole or Dart Of
Dwellinu Units servino very low and/or low income levels and
meetino all recuirements. and subject to all conditions. of
Sec=ion 3.05 shall be entitled to defer one hundred percent
(100%~ of the Impact Fees applicable only to such rental Dwellinq
Units servinc very low and/or low income levels if: {i} all such
deferred Impact Fees are Paid on or before the end of six [6)
Years from the date such Impact Fees are deferred: and (ii) the
rental apartment development shall remain Affordable Housinc
gualified {under Section 3.05 of this Ordinance) for a minimum of
SECTIO~ TBa~Z: Comfiiot and SerefaCility
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
of public health, safety, welfare and convenience. If any
section, phrase, sentence or portion of this Ordinance is for any
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reason ~eld invalid or unconstitutional by any court of competent
Jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
SECTION FOU~: Effective Date
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 30~ day of M~reh ,
1994 ·
· ... .:
AUST~. ~"o :~ BOARD F COUNTY COMMISSIONERS
DWIGHT EQ' BR~K, Clerk COL ER COUNTY, FLO A
.~~ By.
Approved-as to form and
legal sufficiency:
Richard D. ch TT.|s ~cfi~e {iTed w|th t'ne
oral ~cknowTeeJ~ern~ t of thc:t
df74013 Jf/~7~~~3y,~4r.~p,L.~/~
f. r-ce
Words underlined are added; words et~E~M~k--~are deleted.
STATE OF FLORIDA
COUNTY OF COLLIER
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 94-20
which was adopted by the Board of County CommiesioneTs on
the 30th day of March, 1994, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 6th
day of April, 1994.
DWIGHT E. BROCK
Clerk of Courts and Cl'ez-k ' :'~.~
Ex-officio to Board of .-. '
County Commissioners -" " -' "'
""'~ ' "':"' C]T'.""
% !! } ,i : ''~'
By: /s/F. llie Hoffman
Deputy Clerk
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