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Ordinance 94-52 ~3y ORD~C~ NO, 92-22 ~ ~S ~D~D, ~TXN ~ -'.~ %~."~' TO THE COLLI~ CO~ ROAD IMPA~ FEE ~ %/ PROVIDING FOR ~ENDM~T OF PROVISIONS '~ RE~TING TO USE OF MONIES; ~DING SE~ION ~} ~' 3.04, PROVIDING FOR MODIFICATION OF ~ PROVISIONS RE~TING TO AFFO~LE MOUSING; ~ PROVIDING FOR MODIFI~TION OF AFFO~ABLE HOUSING B~EFIT ST~D~S CO~AINED IN APPENDIX C; PROVIDING FOR CONFLI~ ~D S~BILITY; ~D PROVIDING ~ EFFE~IVE DATE. ~S, the Board of County Co~issioners of Collier County on April 16, 1992, enacted Collier County Ordinance No. 92-22, establishing a Road Impact Fee Ordinance; and ~S, the Board of County Co~issioners of Collier County on Au~st 11, 1992, enacted Collier County Ordinance No. 92-57, amending Ordinance No. 92-22; and ~S, the Board of County Co~tsstoners of Collier County on December 16, 1992, enacted Ordinance No. ,92-99, fu~her amending Ordinance No. 92-22; and ~S, the Board of County Co~tssioners of Collier County on Au~st 10, 1993 enacted Ordinance No. 93-54, fu~her amending Ordinance No. 92-22; and ~S, the Board of County Co~ssloners of Collier County on February 28, 1994 enacted Ordinance No. 94-8 further amending Collier County Ordinance No. 92-22; and ~s, the Board of County Co~tssioners of Collier County on April 11, ~994 enacted Ordinance No. 94-19 further amending Collier County Ordinance No. 92-22. NOW, THEREFORE, BE IT O~AINED BY ~E BO~ OF CO~Y CO~ISSIONERS OF COLLIER CO~Y, F~RIDA ~T: SECTION ONE= ~endment to Section 2.04 of Collier Count~ Ordinan~e No. 92-22~ aS een~e~ Section 2.04 of Collier County Ordinance No. 92-22 is hereby amended as follows: .: :.;, Wo~ds underlined are added~ vorda ~ are deleted. Section 2.04. Use of Monies A. The Board of County Commissioners hereby establishes eight (8) separate trust accounts for the Road Impact Fees, to be designated as the "District Number I Road Impact Fee Trust Account," "District Number 2 Road Impact Fee Trust Account," "District Number 3 Road Impact Fee Trust Account," "District Number 4 Road Impact Fee Trust Account," "District Number 5 Road Impact Fee Trust Account," "District Number 6 Road Impact Fee Trust Account," "District Number 7 Road Impact Fee Trust Account," and "District Number 8 Road Impact Fee Trust Account," which accounts shall be maintained separate and apart from all other accounts of the County. All Road 'Impact Fees shall be deposited into the appropriate trust account immediately upon receipt. B. Road Impact Fees collected under the provisions of Ordinance 85-55, as amended, and'which have not been expended prior to the adoption of th~s Ordinance shall be allocated as follows: (1) Road Impact Fees collected within District Numbers I and 2 under Ordinance 85-55, as amended, shall be deposited in the District Number I Road Impact Fee Trust Account. (2) Road Impact Fees collected within District Numbers 3 and 5 under Ordinance 85-55, as amended, shall be deposited in the District Number 2 'Road Impact Fee Trust Account. (3) Road Impact Fees collected within District Number 4 under Ordinance 85-55, as amended, shall be deposited in the District Number 3 Road Impact FeeTrust Account. (4) Road Impact Fees collected within District Number 6 under Ordinance 85-55, as amended, shall be deposited in the District Number 4 Road Impact Fee Trust Account. (5) Road Impact Fees collected within District Number 9 under Ordinance 85-55, as amended, shall be deposited in Words underlined are added; words =~r==h ~hr=ugX are deleted. the District Number 5 Road Impact Fee Trust Account. (6) Road Impact. Fees collected within District Number S under Ordinance $5-55, as amended, shall be deposited in the District Number 6 Road Impact Fee Trust Account. (7) Road impact Fees collected within District Number 11 under Ordinance 85-55, as amended, shall be deposited in the District Number 7 Road Impact Fee Trust Account. (S) Road Impact Fees collected within District Numbers 7 and 10 under Ordinance 85-55, as amended, shall be deposited in the District Number S Road Impact Fee Trust Account. C. The monies deposited into the respective Road Impact Fee Trust Accounts shall be used solely for the purpose of constructing or improving roads within the Transportation Network and, except as otherwise provided, shall be exl)ende~ within that Road Impact Fee District where the Road Impact Construction is located. Road Impact Fees may be used for the following purposes, including, but not limited to the following: (1} design and construction plan preparation; (2) permitting; (3) right-of-way acquisition, including costs of acquisition or condemnation; (4} construction of new. through lanes; (5) construction of new turn lanes; (6} construction of new bridges; (7) construction of new drainage facilities in conjunction with new roadway construction~ (8) purchase and installation of new traffic signalization~ (9) construction of new curbs, medians and shoulders; (10) relocating utilities to accommodate new roadway construction; (11) construction management and inspection~ fi67 368 Words ~ are added~ words~are deleted. -3- (12) surveying and soils and material testing; (13) to the extent allowable by law, reimbursement or refund of costs incurred by the County in preparation of this Ordinance, including any amendments or supplements, the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.08, and any other administrative costs incurred by the County; (14) Repayment of monies transferred or borrowed from any budgetary fund of the County which were used to fund any growth impacted construction or improvements as herein defined; and (15) Payment of principal and' interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to provide funds to construct or acquire growth impacted capital transportation improvements on the Transportation Network. Funds on deposit in the respective Road Impact Fee Trust Accounts shall not be used for any expenditure that would be classified as a maintenance or repair expense, nor shall they be used on local roads or on interstate highways. D. The monies deposited into the respective Road Impact Fee Trust Accounts shall be used solely to provide additions and improvements to the Transportation Network required to accommodate traffic generated by growth. E. Any monies 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 respective Road Impact Fee Trust Accounts and used as provided herein. To the extent permitted by law, any interest accrued on the Road Impact Fees which is not needed for capital transportation improvements may, at the discretion of the Board, be used to fund waivers and/or deferrals of Road Impact Fees pursuant to Section 3.04 of this Ordinance. In'addition. to the .]67 369 Words underlined are added; words :~ru:k ~ ...... are deleted. -4- extent permitted by law. any accrued interest on Road Impact Fees which is not needed for capital transportation improvements maY. at the discretion of the Board. be used to fund waivers of Road impact Fees if the Board makes the followin~ findinus by resolution: ~. The entity reauestin~ a .waiver is a not-for- orofit corporation or business. or charitable orqanization: b. 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 services: d. The provision of services provides substan~ial benefits to the citizens of Collier county. e. Sufficient funds in the Road Impact Fee accounts exist to fund the waivers: f. Fundina for the waiver will only be used from the fund for which the waiver is cranted; ~nd The entity is a child care or similar SUDDOTt facility which is included in the oriainal site development plans of an affordable housinq Dro~ect and which Dro4ect has crualified for an affordable housin~ waiver or deferral, The resolution adopted bv the Board shai1 state such findines and authorize the payment. in whole or in Dart. of the Road Impact Fee. F. The Road Impact Fees collected pursuant to this Ordinance may 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 sixth (6th) anniversary of the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure:' ~ords underlined are added~ words e~-Ehf~are deleted. ,5_, (1) The then current Owner shall petition the Board for the refund prior to the end of the fiscal year in which occurs the date of the sixth (6th) anniversary of the payment of the Road Impact Fee. (2) The petition for refund shall be submitted to the County Manager and shall contain the following: (a) A notarized sworn statement that the petitioner is the then current Owner of the property on behalf of which the Road Impact Fee was paid; (b) A copy of the dated receipt issued for payment of such fee, or such other record as would indicate payment of such fee; (c) ~ certified copy of the latest recorded deed; and (d) A copy of the most recent ad valorem tax bill. (3) Within three (3) months from the date of receipt of a petition for refund, the'County Manager will advise the petitioner of the status of the Road Impact Fee requested for refund, and if such Road Impact Fee has not been spent 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. G. Any Owner entitled to a refund who fails to file a 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 County Road System. SECTION TWO: Amendment to Section 3.04 of Collier County Ordinance No. 92-22, as amended Section 3.04 is hereby amended to read as follows: i167 , 37i Words underlined are added; words e~ ars deleted. -6- Section 3.04. Affordable 'Housing A. Pursuant to the ~uidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Road Impact Fee for any new ovner-occupied or rental Road Impact Co~struction which qualifies as Affordable Housing under Appendix C of this Ordinance. (1) Any person seeking an Affordable Housing waiver or defertel for proposed Road Impact Construction shall file with the County Manager an Application for waiver or defertel, prior to receiving a Building Permit for the proposed Road Impact Construction. The Application for waiver or defertel shall contain the following: (a) The name and address of the O~nerl (b) The legal description of the Residential property upon which the Road Impact Construction shall be constructed; (c) The income level of the O~n~er 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 Road Impact Construction. (2) If the proposed Road Impact construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall issue a Road Impact Fee waiver or defertel,-as applicable, to the Owner or Applicant. The Road Impact Fee waiver or defertel shall be presented in lieu of payment of the Road Impac= Fee pursuant to Section 2.02. B. To qualify for a Road Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: (1) The O~ner(s} or anticipated O~n~er(s) of the Dwelling Unit must have a very low, low, oT moderate income f]67 ' t372 Words ~ are'added; words e4Y~e~--~are deleted. -7- level, at the time of issuance of the Road Impact Fee waiver or defertel, as those tens are defined in Appendix C, and the monthly payment to purchase the unit must be within the Aff6rdable Housing guidelines established in Appendix C. A Dwelling Unit shall q~aalify as 0~ner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Road Impact Fee waiver or defertel or within thirty (30) days thereof, and within twenty-four (24) months from the date of issuance of the cer~cificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ow~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 Road Impact Fee must be immediately repaid unless the Dwelling Unit is sold to another qualifying O~7~er. (2) The ~er, or if there is more than one Owner, one of the Owners, must be a first-time home buyer. To qualify as a first-time home buyer, the O~rner 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 issued for the Dwelling Unit, unless the Impact Fee is repaid to. theCounty. C. To qualify for a Road Impact Fee defertel, 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 com~mencement of the leasehold and during the duration thereof,~ as those terms are defined in Appendix C and the amount of rent must be f]67 373 Words underlined are added; words =~-r.'ch ~hr==~.% are deleted. wlthin the Affordable ~ousin~ guidelines established in Appendix C. (2) The D~elling Unit must be the household's permanent residence. D. All Road Impact Fees deferred for ov~er-occupied Dwelling Units at the time the Building Permit was tssudd 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 Road Impact Fee defertel was paid with State Housing Initiatives Partnership [SHIP] Proqram funds, repayment Will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.04, a non-qualified purchaser t$ a Person who does not satisfy the Affordable Hou$1nq criteria set forth In Subsection B above or a Person who does not a~ree to the terms of the waiver or defertel of Impact fees agreement. E. The Road Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be Immediately repaid to the County'upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the date .of issuance cf the certificate of occupancy, whichever occurs first. F. Any Road Impact Fees waived for an owner-occupied Dwellin9 Unit at the time a Bulldin~ Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit Is sold or transferred to a non-qualified purchaser during the fifteen (15) year period after the certificate of occupancy t$ Issued for the Dwelling Unit~ provided, however, if the Road Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment viII be made to the Collier County affordable housing trust fund. If the l)welltng Unit is used as Affordable Housing in compliance with Section 3.64 of this Ordinance for Words underlined are addedl words s~eek-t~he~h are deleted. -9- (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Road Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. Gj The percentage of the total Road 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 C. The Road 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 criteria set forth in this Section. An affidavit must be filed within thirty 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 as defined in Appendix C exceeds the Affordable Housing benefit standards set forth in Appendix C by more than forty percent (40%), then the deferred Road 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 C; or (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 C, the Owner shall maintain the waiver and/or defertel. Notwithstanding the foregoing, all outstanding Road 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 for fifteen (15) years after the issuance of the certificate of occupancy. I. The Owner receiving a Road Impact Fee waiver or deferral shall enter into an impact fee agreement with the County ,00, f167 , 375 Words underlined are added~ words ~ are deleted. -10- 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) me legal description of the Dwelling Unit. (2) Where a Road Impact Fee waiver or defertel is given to an O~n~er who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Road Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or defertel. Road Impact Fee waivers or deferrals paid for with' State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix C 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 occupanq, 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 immediately unless the Dwelling Unit is sold to another qualifying Owner. (3) For o~n~er-occupied Dwelling Units, the amount of Road Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser; provided, however if Road 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 Road Impact Fees deferred shall be []67 Words underlined are added; words =tr=c.~. thr~,ug~. are deleted. -11- 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 Road 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 3.04 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Road Impact Fees shall be repaid to the County. If Road Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repaVment will be made to the Collier County affordable housing.trust fund. (5) The deferred and/or waived Road 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 of satisfaction of lien in the public records of Collier County. In the case of the 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 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 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 l.}67 377 Words underlined are added~ words e~ek--~l~ are deleted. -12- low income level as defined in Appendix C exceeds the Affordable Housing benefit standards set forth in Appendix C by more than forty percent (40%), then the deferred Impact Fee shall become inunediately 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 C. (7) Upon satisfactory' completion of the agreement req~irements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (S) In the event the O~n~er 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 rate for Judgments calculated on a calendar day basis until paid. (9) The agreement shall be binding upon the 0w~er's successors and.assigns. (10) The agreement shall be'recorded in the Official Records of Collier County. J. The amount of Road 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 Road Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as created by Collier County ordinance No. 93-19. Road Impact Fee waivers and defertale pursuant to this Section shall begin in the 1993-94 fiscal year or earlier upon receipt of state Housing Initiatives Partnership Words underlined are added$ words e~~pe~ are deleted. -13- [SHIP] Program funds. All Road Impact Fees waived or deferred by the Board shall'be paid by the Board into the appropriate road impact fee trust .account within six (6} years from the date of the award of a deferral and/or waiver as provided heroin, but in no event, later than the time when that amount is needed for a project funded by those Road Impact Fees waived or deferred. The Board shall pay into the appropriate road impact fee trust account such amounts equal to any Road 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, defertel, 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 Ibe issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Road Impact Fee waivers and/or deferrals must be utilized to fund Road 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 C 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 doferral shall be granted for a Road Impact Construction project which consists of a Mobile Home. M. 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 Words underlined are added; words e%~e~-4~P~{~ 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 deferredS and (ii} the rental apartment deVelopmen~ shall remain Affordable Housing qualified (under Section 3.04 of ~his Ordinance) for a minimum of 15 years. H, Th~ Board. in its discretion. may a~ree bv Resolution %~ subordinate its lien for Road Impact Fees to a primary lender and/or aovernment funded affordable housin~ loan such as SAIL or HOME loan if Owner can demonstrate that a subordination necessary_ to obtain financin~ and. tn the case of rental Dwellin~ 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 viel~ th~ =ull amount of the de[erred impact fees 'at the ¢~pirat~on of the period of the defertel. SECTION THREE= Amendment to Appendix C of Collier county Ordinance No. 92-22, as amended Appendix C. is hereby amended to read as follows: APPENDIX C 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 Words underlined are added; words e%%~%~e~ are deleted. the Secretar~ of ~he 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 o~ner-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 exclusiveIF 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 e~e~f--f-~ seventy-five percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. f) Road Impact Construction meets the criteria set forth in Subsections b and c of Section 3.05 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 FOURX Conflict 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 sexy½ are deleted. 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 sep- arate, distinct and independent provision, and such holding shall not affect the validity of the .remaining portions thereof. SECTION FIVEt Effective Date This Ordinance shall become effective upon receipt of notice from the Secretar~ 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 ,~:'/' , 1994 ATTEST: .~- BOARD 0 COUNTY COMmiSSIONERS ~ :.'.' ..,\ / "J _ '~.n~VCo~t~antine ~j~v ~"~0' form and A ed.a ' legal sufficiency: HdTdf Fi Xsh bn' o o ' ce Words ~ are added] words e~ are deleted. -17- sT^TZ OF LORID^ 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. 94-52 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-offtcio to Board of .'. '- County Commissioners ~ :.. : Deputy Clerk .'~ :,