Ordinance 94-48 ORDINANCE NO. 94- 48
~51~;7'~e~. AN ORDINANCE AMENDING COLLIER COUNTY
~9~'. ORDINANCE NO. 90-86, AS AMENDED, RELATING
"~ TO THE COLLIER COUNTY REGIONAL WATER SYSTEM
~ ~IMPACT FEE ORDINANCE; BY AMENDING SECTION
~j b 2.03, PROVIDING FOR AMENDMENT OF PROVISIONS
.sECTioN 3.04, PROVIDING FOR MODIFICATION OF
~ PROVISIONS RELATING TO AFFORDABLE HOUSING;
.',~' PROVIDING FOR MODIFICATION OF AFFORDABLE
c?j~' HOUSING BENEFIT STANDARDS CONTAINED IN
APPENDIXA; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE ~ ~ r-~
o
DATE.
WHEREAS, the Board of County Commissioners of Collie~ County
on November 27, 1990 enacted Collier County Ordinance No. 90-86,
establishing a Collier County Regional Water System Impact Fee
Ordinance, as amended; and
WHEREAS, the Board of County Commissioners of Collier County
on June 18, 1991 enacted Collier County Ordinance No. 91-50,
amending Collier County Ordinance No. 90-86; and
WHEREAS, the Board of County Commissioners of Collier County
on November 10, 1992 enacted Collier County Ordinance No. 92-91,
amending Collier County Ordinance No. 90-86; and
WHEREAS, the Board of County Commissioners of Collier County
on December 16, 1992, enacted Ordinance No. 92-95 amending
Collier County Ordinance No. 90-86; and
WHEREAS, the Board of County Commissioners of Collier County
on August 10, 1993 enacted Ordinance No. 93-50, amending Collier
County Ordinance No. 90-86; and
WHEREAS, the Board of County Commissioners of Collier County
on February 28, 1994 enacted Ordinance No. 94-4 further amending
Collier County Ordinance No. 90-86; and
WHEREAS, the Board of County Commissioners of Collier County
on April 11, 1994 enacted Ordinance No. 94-15 further amending
Collier county Ordinance No. 90-86.
NOW, THEREFORE, BE IT ORDAINED BY THE BOA/~D OF COUNTY
COMMISSIONERS OF COLLIER COUNTY', FLORIDA that:
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SECTION ONEx Amendment to Section 2.03 of Collier County
Ordinance No. 92-22t as amended
Section 2.03 of Collier County Ordinance No. 92-22 is hereby
amended as follows:
Section 2.03. Use of Monies
a. The Board hereby confirms the establishment of a
separate trust account for the Water System Impact Fees, which
shall be maintained separate and apart from all other accounts of
the County. All such Water System Impact Fees shall be deposited
into such trust account immediately upon receipt.
b. The monies deposited into the Water System Impact Fee
Trust Account shall' be used solely for the purpose of providing
growth necessitated capital improvements and additions to the
Regional Water System including, but not limited
(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 Water System
buildings, facilities or improvements and additions thereto;
(5) Design and construction of drainage facilities
required by the construction of Regional Water System
buildings, facilities or improvements and additions thereto;
(6) Rolecaring utilities required by the construction
of Regional Water System buildings, facilities or
improvements and additions thereto;
(7) Landscaping, incident tO or necessitated by the
expansion of the Regional Water System;
(8) Construction management or inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of plant or equipment necessary to
expand the Regional Water System;
(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
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function, which were used to fund growth impacted
improvements and additions to the-Regional Water System as
herein provided;
(12) Payment of principal and interest, necessary
reserves and costs of issuance under an~ bonds or other
indebtedness, issued by the County or District to fund growth
impacted improvements and additions to the Regional Water
System;
(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 Water-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 Water System Impact Fee
Trust Account shall be used solely to provide improvements and
additions to the Regional Water System required by growth
generated by Water 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 Water
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
Regional Water System may, at the discrution of the Board, be
used to fund waivers or deferrals of Impact Fees pursuant to
Section 3.04 of this Ordinan&e. In addition. to the extent
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permitted by law. any accrued interest on Impact Fees which is
not needed for improvements and additions to the Regional Water
System mayo at the discretion of the Board. be used to fund
~aivers of ImPact Fees if the Board makes the following findings
by resolution:
The entity re~uestinG a waiver is a not-for-
profit corporation or business. or charitable
organization:
The entity provides services to lOW income or
very low income citizens of Collier County at
reasonable rates:
c, The County does not Provide such~ervices:
d. The provision of services provides substantial
benefits to the citizens of Collier County,
e. Sufficient funds in the Impact Fee accounts
exist to fund the waivers[
f. Funding for the waiver will only be used from
the fund for which the waiver is ~ranted: and
The entity is a child care or similar support
facility which is included in the original
site development plans of an affordabl~
housing Dro~ect an~ which prQtect has
qualified for an affordable housing waiver or
deferral.
The resolution adopted by the Board shall state ~uch
findings and authorize the payment. in whole Qr 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 No. 86-66, as amended by Collier
County Ordinance No. 87-45 and Collier County Ordinance No.
88-3, and was issued a certificate of occupancy thereunder for
a Building, structure, or alter~tion prior to December 31, 1997
shall be eligible for a refund upon making a timely petition
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for refund, if the Building, structure or alteration either was
not authorized to connect to the Regional Water System by
December 31, 1997, or if the County does not have an approved
plan for connection ofthe Building, structure or alteration to
the Regional Water System by December 31, 1997.I 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 pa~rment
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 ~xact 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 r~fund, the County Manager will advise the
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
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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 the seventh anniversary of the date upon
which such fees were paid and a timely petition for refund is
made. Refunds shall be 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 of the date of the payment of the Water
System Impact Fee Occurs.
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 legal Owner of the property on behalf of
which the Impact Fee was paid;
(b) A copy of the dated receipt issued for
payment of such fee, or such other Irecord as would
indicate payment of such fee;
(c) A certified copy of the latest recorded deed
or other in~ztruments evidencing title; a representation
that the mo~zt recent recorded deed or other instruments
evidencing title reflect the exact names of all current
legal owner~t; a representation'that the petitioner will
notify the County of any change and the status of legal
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ownership which occurs prior to any refund from the
County;
(d) ACopy of the most recent ad valorem tax bill.
3. within ninety (90) days from the receipt of a
petition for refund, the County Manager will advise the
petitioner and the Board of 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 the Ow~ler 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 Water 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
Water System.
SECTION TWO. Amendment to Seotion 3.04, Affordable Housing of
Collier County Ordinanoe No. 90-S6, 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
Water System Impact Development which qualifies as Affordable
Housing under Appendix A of this Ordinance.
1. Any person seeking an Affordable HOusing waiver or
deferral for proposed Water System Impact Development shall
file with the County Manager an Application for waiver or
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deferral, prior to receiving a Building Permit for the
proposed Water System Impact Development. The Application
for waiver or deferral shall contain the following:
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Water System Impact Development
shall be constructed;
(c) The income level 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 Water System Impact Development.
2. If the proposed Water 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 Owners 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
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 o6cupancy or the execution of the
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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 immediately 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 Mousing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the 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 renting the Dwelling Unit must have
a very low or low income level, at the commencement of the
leasehold and the duration thereof, as those terms are
defined in Appendix A and the amount of rent must be within
the Affordable Mousing guidelines established in Appendix A.
2. The Dwelling Unit must be the household's
permanent 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 purchaser;
provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
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will be made to the Collier County affordable housing trust fund.
For the 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 above or a Person who does not agree to
the terms of the waiver or defertel 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 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 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 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.
U. 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
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
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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 A exceeds the Affordable Housing benefit
standards set forth in Appendix A by more than forty percent
(40%), then the deferred Impact Fee calculated from the date the
Building Permit was issued 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
Dwelling Unit rises above the benefit standards for waivers and
deferrals set forth in Appendix A, the Owner shall maintain the
waiver and/or defertel. Notwithstanding the foregoing, all
outstanding Impact 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 set forth
in this Section 3.04 for fifteen (15) years after issuance of the
certificate of occupancy.
i. The Owner receiving an Impact Fee waiver or defertel
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 Section:
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 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
waiver or deferral. Impact Fee waivers Or deferrals paid
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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 Dwelling 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 defertel 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 plus interest at the rate of six percent (6%) per
annum calculated from the date the Building Permit was
issued will be required to be repaid immediately 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, ae Affordable Housing 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
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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 herein 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 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. Annualiy, 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 lo~ 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
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documentation evidencing same, includi.ng, 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
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
rate for judgments calculated on a~calendar day basis until
paid.
9. The .agreement shall be binding ~upon the O~er'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 of County Commissioners 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 water
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 water 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
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the Board within seven (7) 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, exempted or reimbursed. Waivers
and defertale 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 defertale 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 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 a Water System Impact Development project which
consists of a Mobile Home.
M. Although this Section is aimed at addressing new Water
System Impact Development which is characterized as Affordable
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 Water
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 Regional Water 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 entitled to defer one hundred percent
Words underlined are added; words e4a~,Mh~--~4~pe~M are deleted.
(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
qualified (under Section 3.04 of this Ordinance) for a minimum of
15 years.
O. The Board. in its discretion. may a~ree bv Resolution
to subordinate its lien for Impact Fees to ~ Dri~arv lender
and/or qovernment funded affordable housinq load such as SAIL or
HOME loan if Owner can demonstrate that a §ubor~inatiQD is
necessary to obtain financinu and. in the case of rental Dw~llin~
Units. if the Owner provides additional security satisfactory to
the County such as additional or substitute collateral in the
form of cash or cash euuivalent financial instrument~ which Will
yield the full amount of the deferred impact fees at the
expiration of the period of the deferr~l.
SECTION THREE: Amendment to Appendix A of Collier County
Ordinance No. 90-86, el 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 as determined 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
eighty percent (80%) of the area median income as determined by
,00~ [~67 ~'~ 387
Words underlined are added; words et~=~a~A are deleted.
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 finstance 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 rental 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
twenty-five percent (25%) of the applicable Impact Fee, and
shall have ~ seventv-five percent ~75%) of the
applicable Impact Fee deferred pursuant to the terms of the
Impact Fee Ordinance.
f) Water 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.
Words underlined are added; words e~-z~ae4~aaM are deleted.
SECTION FOUR: Conflict and Severability
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
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 theremaining 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 ..cJ~day of
1994.
ATTE~: 0; BOARD COUNTY COMMISSIONERS
.~.....
'~'bp~oved-as to form and
legal sufficiency:
~ ar~cl ~kr~owfed~ment f
H~Tdi P.' Ksh~on
Assistant County Attorney
Words ~ are added; words e~g½ are deleted.
-18-
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. 94-48
which was adopted by the Board of County Commissioners on
the 2Sth 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,
DWIGHT E. BROCK
Clerk of Courts and Clerk .. V.\~ "
Ex-officio to Board of
· $/Maureen Kenyon · · ., j
Deputy Clerk