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Ordinance 94-47 ORDINANCE NO. 94- 47 . AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE )|O. 90-87, AS AMENDED, RELATING ~ TO THE COLLIER COUNTY REGIONAL SEWER SYSTEM ?,~~!7.. IMPACT FEE ORDINANCE; BY AMENDING SECTION 2.03, PROVIDING FOR AMENDMENT TO PROVISIONS RELATING TO USE OF MONIES; BY AME~DING ~ ~. ~C~ ]~J SECTION 3.04, PROVIDING FOR MODIFICATION OF R[C~,V~ PROVISIONS RELATING TO AFFORDABLE HOUSING; C~' PROVIDING FOR MODIFICATION OF AFFORDABLE ~d ' HOUSING BENEFIT STANDARDS CONTAINED IN APPENDIX A; PROVIDING FOR CONFLICT AND ~ SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. W"HEREAS, the Board of County Commissioners of Collier County on November 27, 1990, enacted Collier County Ordinance No. 90-87, establishing a Collier County Regional Sewer System Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier County on June 18, 1991, enacted Collier County Ordinance No. 91-51, amending Ordinance No. 90-87; and WHEREAS, the Board of County Commissioners of Collier County on November 10, 1992 enacted Collier County Ordinance No. 92-92, amending Ordinance No. 90-87; and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-94, further amending Collier County Ordinance No. 90-87; and WHEREAS, the Board of County Commissioners of Collier County on August 10, 1993 enacted Ordinance No. 93-49, further amending Collier County Ordinance No. 90-87; and WHEREAS, the Board of County CommissiOners of Collier County on February 28, 1994 enacted Ordinance No. 94-3 further amending Collier County Ordinance No. 90-87; and WHEREAS, the Board of County Commissioners of Collier County on April 11, 1994 enacted Ordinance No. 94-14 further amending County Ordinance No. 90-87. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Words underlined are added; words e~~} are deleted. - I - SECTION ONEz' Amendment to Section 2.04 of Collier County Ordinance No. 92-22, as amended Section 2.04 of Collier County Ordinance No. 92-22 is hereby amended as follows: Section 2.04. Use of Monies a. The Board hereby confirms 'the establishment of a separate trust account for the Sewer System Impact Fees, which shall be maintained separate and apart from all other accounts of the County. All such Sewer System Impact Fees shall be deposited into such trust account immediately upon receipt. b. The monies deposited into the Sewer System Impact Fee Trust Account shall be used solely for the purpose of providing growth necessitated capital improvements and additions to the Regional Sewer System including, but not limited to: (1) Design or construction plan preparation; (2) Permitting and fees; (3) Land acquisition, including any costs of acquisition or condemnation; (4) COnstruction and design of Regional Sewer System buildings, facilities or improvements and additions thereto; (5) Design and construction of drainage facilities required by the construction of Regional Sewer System buildings, facilities or improvements and additions thereto; (6) Relocating utilities required by the construction of Regional Sewer System buildings, facilities or improvements and additions thereto; (7) Landscaping, incident to or necessitated by the expansion of the Regional Sewer System buildings; (8) Construction management or inspection; (9) Surveying, soils and material testing; (10) Acquisition of plant or equipment necessary to expand the Regional Sewer System; Words underlined are added; words e~)k-j~~ are deleted. - 2 - (11) Repayment of monies borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance or its predecessor in function, which were used to ".~und growth impacted improvements and additions to the Regional Sewer System as herein provided; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness, issued by the County or District to fund growth impacted improvements and additions to the Regional Sewer System; and (13) Reimbursement of excess Developer Contribution Credit pursuant to Section 3.06; and (14) To the extent provided by law, reimbursement or refund of costs incurred by the'County in the preparation of the Impact Fee Study adopted pursuant to Section 1.03 and any amendments or supplements adopted pursuant to Section 3.08 and any other administrative costs incurred by the County. c. Funds on deposit in the Sewer System Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. d. The monies deposited into the Sewer System Impact Fee Trust Account shall be used solely to provide improvements and additions to the Regional Sewer System required by growth generated by Sewer System Impact Development, and including but not limited to expected growth addressed in the Master Plans listed in Appendix D of this Ordinance. e. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Sewer System Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Impact Fees which is not needed for improvements and additions to the ,oo, f167 , 275 Words underlined are added; words ~g4~ are deleted. - 3 - Regional Sewer System may, at the discretion of the Board, be used to fund waivers or deferrals ofI Impact Fees pursuant to Section 3.04 of ~his Ordinance. In ad~tion. to the extent ~ermitted by law. any accrued intereston Impact Fees which is not needed for improvements a~ ~dditions to the Reqional Sewer System mav. at the discretion of the Boar~, be used tO fun4 waivers of Impact F~e$ if the Board makes the followtnq finding~ by resolution: a. The entity re~uestinq a waiver is a not-for- PrOfit corPoration or business. or charitable orqanization: b. The e~titv provides services to low inCOme or very low income citizens of Collier County at reasonable rates: c. The County does not provide such services: d. The provision of services provides substantial ~enefits to the citizens of Collier CoUntV. SUfficient funds in the Impact Fee accounts exist to fund the waiverS: f. Fundin~ for the waiver will only be used from the fund for which the waiver i~ ~ranted: and The lentitv is a child care or similar SUPpOrt facility which is included in the Original ~ite development plans of an affordable housinq project and which project .... has ~ualified for an affordable housin~ waiver o[ The resolution adopted by the Board shall state such findings and authorize the payment. in whole or in Dart. of the Impact Fee. f. Any person who is the current owner of the property on behalf of which a System Development Charge was paid, pursuant to Collier county Ordinance N6. 86-66, as amended by Collier County Ordinance No. 87-45 and Collier County Ordinance No. (, 67 278 Words underlined are added~ word~ ~r~ck th~ug~ are deleted. - 4 - 88-3, and was issued a certificate of occupancy thereunder for a Building, structure, or alteration prior to December 31, 1997 shall be eligible for a refund upon making a timely petition for refund, if the Building, structure or alteration either was not authorized to connect to the Regional Sewer System by December 31, 1997, or if the County does not have an approved plan for connection of the Building, structure or alteration to the Regional Sewer System by December 31, 1997. Refunds due under these circumstances shall be made only in accordance with the following procedure: (1) The then current Owner must petition the Board for the refund prior to the end of the fiscal year immediately following the end of the fiscal year in which the date December 31, 1997 falls. (2) The petition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall contain: (a) A sworn statement that the petitioner is the then current Owner of the property on behalf of which the System Development charge was paid; (b) A copy of the dated receipt issued for payment of such charge or such other record as would indicate payment of such charge; (c) A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments reflect the exact names of all current legal owners; a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to any refund from the County; (d) A copy of the most recent ad valorem tax bill. (3) Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the Words underlined are added; words ctruck through are deleted. - 5 - petitioner and the Board of the status of the System Development charge requested for refund, and if such charge has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, charges collected shall be deemed to be spent or encumbered on the basis of the first charge in shall be the first charge out. g. The Impact Fees collected pursuant to this Ordinance shall be returned to the then current Owner of the Property on behalf of which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following She seventh anniversary of the date upon which such fees were paid and a timely petition for refund is made. Refunds shall ke made only in accordance with the following procedure: 1. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the end of the fiscal year in which the date of the seventh anniversary (,f the date of the payment of the Sewer System Impact Fee Occurs. 2. The petiticn for refund shall be submitted to the County Manager, on a form approved by the County manager, and shall contain: (a) A sworn statement that the petitioner is the then current legal Owner of the property on behalf of which the Impact Fee was paid; (b) A cop'F of the dated receipt issued for payment of such fee, or such other record as would indicate payment of such fee; (c) A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most resent recorded deed or other instruments evidencing title reflect the exact names of all current Words underlined are added; words e4}[eek--~roug~ are deleted. - 6 - legal owners; a representation that the petitioner will notify the County of any change and the status of legal ownership which occurs prior to any refund from the County; (d) A copy of the most recent ad valorem tax bill. 3. Within nin,~ty (90) days from the receipt of a petition for refund, the County Manager will advise the petitioner and the Board of their status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. h. The fact that ~he Owner receives a refund does not excuse the property from later being subjected to payment of impact fees under this Ordinance upon otherwise being characterized as Sewer System Impact Development. i. An Owner entitled to a refund who fails to timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the impact fees for growth necessitated capital improvements and additions to the Regional Sewer System. SECTION TWO. Amendment to Section 3.04, Affordable Housing of Collier County Ordinance No. 90-87, as amended. Section 3.04 is hereby amended to read as follows: Section 3.04 Affordable Housing A. Pursuant to the guidelines established in this Section, the County shall (1) waive or (2) 'defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Sewer System Impact Development which qualifies as Affordable Housing under Appendix A of this Ordinance. Words underlined are added; words e~-r~-]~ are deleted. - 7 - (1) Any person seeking an Affordable Housing waiver or deferral for proposed Sewer System Impact Development shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Sewer System Impact Development. The Application for waiver or deferral shall contain the following: (a) The name and address of the Owner; (b) The ~egal description of the Residential property upon ~;hich the Sewer System Impact Development shall be constructed; (c) The inconurrlevel of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented; (d) The number of bedrooms in each Dwelling Unit of the Sewer System Impact Development. (2) If the pr~oposed Sewer System Impact Development meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral 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 owner-occupied Dwelling Unit must meet all of the following criteria: (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 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 Appendix A. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agr.~ement is in effect at the date of Words underlined are add,~d; words e~~h~-eeg~ are deleted. - 8 - 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 ownership of the Dwelling 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 immediate].y repaid unless the Dwelling Unit is sold to another qualifying Owner. (2) The Owner, or if there is more than one (1) Owner, one (1) 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 Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issue([ for the Dwelling Unit, unless the Impact Fee is repaid to 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 renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and durb~g the duration thereof, as those terms are defined in App.~ndix A and the amount of rent must be within the Affordable Housing guidelines established in Appendix A. (2) The Dwelling Unit must be the household's permanent residence. D. All Impact Fee!s deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due Words underlined are adde]; words e~k thP(M]gh are deleted. - 9 - 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 Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.04, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection B ak~ve or a 'Person who does not agree to the terms of the waiver or deferral of impact fees agreement. E. The Impact Fe~s deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately 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 occupancy, whichever occurs first. 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 o]: 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 compliance with Section 3.04 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 Words underlined are added; words ~ruck:th~cugh are deleted. '~%f; deferred shall be a lien on the 'property until all requirements · ..~ under this Section have been satisfied. H. (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 '~' renter which originally qualified as very low or low income level '.I. as defined in Appendix A exceeds ~he Affordable-Housing benefit · !~. standards set 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. (2) If the household income of the qualified owner-occupied '2 Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix A, the Owner shall maintain the · waiver and/or deferral. Notwithstanding the foregoing, all . outstanding Impact Fees waived or deferred shall be repaid upon sale or transfer of the Dwelling Unit to a non-qualified i." purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in Section 3.04 for fifteen (15) years after the .issuance of the certificate of occupancy. .¢ 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 ~r Board to effectuate the provisions of this Section: l~ (1) The legal description of the Dwelling Unit. j~. (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 Sewer System Impact Words ~nderlin~.are added; words utruck t4~-e~gh are deleted. - Development. must.be sold or rented to householdsmeetin~ the criteria set forth in this Section in order'to maintain the waiver or deferral. Impact Fee waivers or deferrals 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 ise;uance.., A D~elling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or 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 o~ership of the 'Dwelling 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 repaid i~unediately 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. If Impact Fees were 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 .. (15) 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 Words underlined are added; words =t½uck t~rou.Th are'deleted. 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 Impact Fees were paid with 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 'here 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 waiver, such release or satisfaction shall be recorded fifteen years after the Certificate of Occupancy is issued, provided Owner acted in compliance with the agreement or upon repayment. In the case of a deferral, such Release shall be filed upon repayment. (6) 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 ~he 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 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 underlined are added; words e{-~aek--~ are deleted. - 13 - documentation evidencing same, including, but not limited to, a release of lien. (8) In the event the Owner is in default under this agreement, and the default is not cured within thirty (30) days 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, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus interest at the statutory r~te for Judgments calculated on a calendar day basis until paid. (9) The agreement shall be binding upon the Owner's successors and assigns. (10) The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and deferrals 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 deferrals in the Collier County Housing Assistance Plan, as established by Collier 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 sewer system impact fee trust account within seven (7) 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 sewer 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 seven (7) Words underllDe~ are added; words e~ae~-~4%~ag~ are deleted. - 14 - years from the date of such waiver, 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, or 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 deferrals for single family owner-occupied Dwelling Units serving the very low and low income leveis. 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 a Sewer System Impact Development project which consists of a Mobile Home. M. Although this Section is aimed at addressing new Sewer System Impact Development which is characterized as Affordable Housing herein, the Board shall have the discretion, and not the obligation, to consider the grant requests for waiver or deferral for existing Dwelling Units which are characterized as Sewer System Impact Development, provided such housing otherwise meets the requirements of~this section and the'Board determines there are funds available to grant such a request. Any such request shall not be considered by the Board if not made within 180 days of connection of the Dwelling Units to the Sewer System. N. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in whole or part of Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of Section 3.04 shall be entitl&d to defer one hundred percent { 67 287 words underlined are added; words ~4~r~M~gh are deleted. - 15 - (100%) of the Impact Fees applicable only to such rental Dwelling Units serving 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 Housing t qualified (under Section 3.04 of this Ordinance) for a minimum of 15 years. O. The ~o~r~, in its discretion. may agree bv Resolution to subordiDate its lien for Impact Fees to a Drimarv lender and/or government funded affordable housin~ loan such as SAIL or HOME loan if Owner can demonstrate a subordination is necessary tO obtain financing and. in the case of rental Dwellina Units. if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash e~uivalent financial instruments which will yield the full amount of the deferred impact'fees at the expiration of the period of the deferral. SECTION THREE: Amendment to Appendix A of Collier County Ordinance No. 90-87, as amended Appendix A is hereby amended to read as follows: 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 deferrals (herein referred to as "benefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very low income families means those families whose incomes do not exceed fifty percent (50%) 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). b) Low income families means those families whose incomes are more than fifty percent (50%) and do not exceed sixty percent (60%) of the area median income asdetermined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). c) Moderate income families means those families whose incomes are more than sixty percent (60%) and do not exceed Words underlined are added; words ztruck taa~.~h are deleted. eighty percent (80%) of the area median income as determined by the Secretary of the U.S. Department of Housing 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 of thirty percent (30%) of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. II. BENEFIT STANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very low income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the ,terms of the Impact Fee Ordinance~ b) Affordable Housing runtal Dwelling Units which exclusively serve very low income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant 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%) of the applicable Impact Fees waived and have fifty percent (50%) 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%) of the applicable Impact Fee, and shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay eeve~ twenty-five percent ~25~) of the applicable Impact Fee, and shall have ~arve seventy-five percent ~75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance.. f) Sewer System Impact development meets the criteria set forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. SECTION FOUR: conflic~ and Severability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest Words underlined are added; words e~{~roug~ are deleted. - 17 - Of public health, safety, welfare and convenience. If any sec=ion, phrase, sentence or portion of this Ordinance is for any reason held 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 FIVE: 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 ~/ day of X{~ , 1994. A~roved"as to fom and e su c enc: d Assistant County Attorney "k,e~ ' ' W~6S ~ ~k~e~m~nt of t~ words underlined are added; words et-~eek--t4~Peugh 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. 94-47 which was adopted by the Board of County Commissioners on the 28th day of September, 1994, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of October, 1994. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-offlcto to Board of County Commissioners Deputy Clerk