Ordinance 93-49 ORDINANCE NO. 93- 49
AN EMERGENCY ORDINANCE ANENDING COLLIER
FURTHCOUNTY ORDINANCE NO. 90-87, AS AMENDED BY
ORDINANCE NO. 91-51~ AS FURTHER AMENDED BY
COLLIER COUNTY ORDINANCE NO. 92-92; AS
ER AMENDED BY ORDINANCE NO. 92-94,
ELATING TO THE COLLIER COUNTY REGIONAL
EWER SYSTEH IMPACT FEE ORDINA}[CE; BY
~W' ~'/AMENDING S~-CTIO~ 3.0t, ~ROVIDING FOR
~' ,.~] MODIFICATION OF PROVISIONS RELATING TO
_ ~7 AFFORDABLE HOUSING; .PROVIDING FOR
~ D~EC~U~TIO. O~ ~ERGENC~, PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
' ' WHEREAS, the Board of County Commissioners of Collier
Co~t~ty on November 27, 1990, enacted Collier County Ordinance
No. 90-87, establishing a Collier County Regional Sewer System
Impac~c Faa'Ordinance; and
'WHEREAS, th~ Board 'of county commissioners of Collier
county on June 18, 1991, enacted Collier County Ordinance No.
91-51, amending Ordinance No. 90-87~ and
'~s, ~he Board of Count~ Commies'loners of conier
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 90-87~ and
WHEREAS, the Florida Department of Community Affairs has
requested certain amendments.~co the Impact Fee Ordinance as a
condition to the County's receipt of State Housing Initiatives
Partnership [SHIP] Program funding; and
WHEREAS, immediate enactment of this Ordinance pursuant to
Section 125.66(3), Florida Statutes, is necessary because the
County will not receive the State Housing Initiatives
Partnership [SHIP] Program funds until enactment is completed.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. ~men~ment to Section 3.04, Affordable Housing of
Collier Count~ Ordinance No. 90-87, as amended.
Section 3.04 is hereby amended to read, as follows:
-1-
Words ~Dderlined are added; words struck 2hrsugh are deleted.
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
(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 legal description of the Residential
property upon which the Sewer 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 Sewer System Impact Development.
(2) If the proposed 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
Words ~ ara added; words e~ are deleted.
(1) The Owner(e} of the Dwelling Unit must have
a..vgry..loW, low,. or moderate, income level as those
-c.~'. ~ :~: ~erms~ are defined in Appendix A and the monthly
:,:: .. ~ :. - :. payment, to~ purchase, the unit must be within the
~jvn~-oc~:A.~fordableeHousinq~quidelines established in Appendix
~,val:',~.'.~' . (2) The Owner, or if there is more than one
Owner~ .one:of. the' Owners, must be. a first-time home
~:- o~buyer. · To qualify a~ a:.firet-time home buyer, the
?-: Owner must not have had an ownership interest in their
w:: ,....primary. residence in tbs..past three y. ears.. =.--- .
(~l) The Dw.ell~ng Unit must-be, the homestead of
-- .. :.~...(~4) ,The Dwelling. Unit must .remain Affordable
~ous~ng.~for fifteen years from the date a certificate
of occupancy is issued for the Dwelling Unit.
C. To~.~ualify for.an Impact Fee deferral,, a Dwelling. unit
offered for ren.t mu~t meet all of the .following criteria:
(1) The household renting the Dwelling Unit must
have~,a very low or. loW.~ income level as defined in
Appendix A and the amount of rent must be within the
Affordable Housing guidelines established in Appendix
A.
(~) The Dwelling Unit must be the household's
permanent residence.
(~3) The Dwelling Unit must remain Affordable
Housing for fifteen years from the date a certificate
Words ~ ere added~ words ~ugh are deleted.
of occupancy is issued for the Dwelling Unit.
D. All Impact Fees deferred for owner-occupied ~elling
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, the refinancing of the
Dwelling Unit, or the discontinuance of use of the Dwelling
Unit es Affordable Housing, whichever occurs first,;_Rrovided.
however, if the Impact Fee deferral was Paid with State
Initiative Partnershi~ fSHIP~ Prooram funds, repayment will be
made to the Collier County affordable housino trust fund.
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 sale of the
Dwelling Unit, refinancing of the Dwelling Unit, the
discontinuance of use of the Dwelling Unit as Affordable
Housing or fifteen 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 not utilized as Affordable Housing at any
time during the fifteen year period after the certificate of
occupancy is issued for the Dwelling Unit. /~. the Impact Fee
waiver was Daid with State Housina Initiatives Partnership
~SHIP] Proaram funds, repayment will be made to the Collier
County affordable housin~ trust fund. If the Dwelling Unit is
used as Affordable Housing for the full 15 year period, 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
Words ~ are added~ words e4~ are deleted.
~,,,~ 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 & 1lan'on the property until all
,.. requirements under this Section have been satisfied.
";' H. Annually, the Owner of the Dwelling Unit shall provide
~h~ to the County Manager an affidavit of compliance with the
criteria set forth in this Section. An affidavit must be filed
'Y within thirty days of the anniversary date of the issuance of a
~.., 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
~:'' County to effectuate the provisions of this Section:
(1) The legal description of the Dwelling Unit.
(2) Where an Impact Fee waiver or deferral is
~i(~ given to an Owner who will be selling or renting the
" Dwelling Unit to a subsequent purchaser or renter, the
? Sewer System Impact Development must be sold or rented
f to households meeting the criteria set forth in this
Section. Impact Fee waivers or deferrals paid for with
State Housina Initiatives Partnership £SHIP] Proaram
funds will only be aranted directly to
APPendix A crualifications and approval prior to
Bulldina Permit issuance.
}i (3) For owner-occupied Dwelling Units, the
,~ amount of Impact Fees deferred shall be repaid to the
· ~' County upon the sale, refinancing or discontinuance of
."~'~ use of the Dwelling Unit for Affordable Housing,
whichever occurs first. If Impact Fees were Paid with
~tate Housina Initiative Partnership [~I?] proaram
funds, repayment will be made to the Collier County
affordable housina trust fund. For rental units, the
Impact Fees deferred shall be .repaid upon sale,
,oo
Words underlined are added~ words
=~ru=., th=cugh are deleted.
~i refinancing, the discontinuance of use of the Dwelling
"'" Unit as Affordable Housing or fifteen years from the
: issuance of a certificate of occupancy, whichever
{.~.. occurs first. Even though the Impact Fees have been
~i ' repaid to the County because the Owner sells,
refinances or discontinues the use of the Dwelling
,~.~ Unit for Affordable Housing, the County can require
~:: the Owner to utilize the Dwelling Unit for Affordable
~!. Housing for fifteen years from the data the
~:, certificate of occupancy was issued for the Dwelling
Unit.
',.~, {4) For owner-occupied Dwelling Units where
Impact Fees have been waived, the Dwelling Unit must
,?~?i. be utilized for Affordable Housing for a fifteen year
period after the certificate of occupancy is issued
and if the DwQ11ing Unit ceases to be utilized for
..~. that purpose, the Impact Fees shall be repaid to the
',: County. If Impact Fees were Paid with State Housi~-
Initiative Partnership rSHIP] Proaram funds reDavment
will be made to the Collier County affordable housin~
trust fund. Even though the Impact Fees have been
repaid to the County because the Dwelling Unit has not
~:.,. been utilized for Affordable Housing, the County can
' require the Owner to utilize th~ Dwelling Unit for
:" Affordable Housing.
:iii:,..i~ (5) The deferred and/or waived Impact Fees shall
i!i~:'; be a lien on the property which lien may be foreclosed
%ilia.' upon in the event of non-compliance with the
requirements of the agreement.
(6) Annually, the Owner of the Dwelling Unit
shall provide to the County Manager an affidavit of
:~i,' compliance with the criteria set forth in this
,:. Section. An affidavit must be filed within thirty
,. days of the anniversar~ date o~_the issuance of a
Worde underlined ara added; worde ~ are deleted.
certificate of occupancy.
(7) .Upon,satisfactory completion of the
agreement requirements,.ths County shall record any
necessary:documentation evidencing same, including,
but.not'limited:~to;,a--~elsase-of lien,
..(8) ~"ne agreement shall be binding upon the
Ownar~s..successors..and.assigns..
,, (9). The agreement shall be recorded in the
O~.ficial 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
their final public..hearing regarding tho adoption of the annual
County budget end the amount allocated to Impact Fee waiver~
and deferrals.in the Collier-County Housinq. A~
established-by Collier County Ordinance No. 93-19..Impact Fee
waivers end,deferrals pursuant to this Section shall begin in
the 1993-g4.fiscal.~ear: or earlier..unon receipt of~k~
Housina Initiative Partnership fSHIPl Pro=ram fund~. The
budgeted a_~o.~.n..~..~S .h.a_l_.l.. b.e_.:...~9~., as.id9, in ~.a. ,~ .z?ast .:.fun~. a~d pa id..
into the sewer .~ystem impact fee trust account no later than
that time when that amount is needed for a project funded by
those Impact Feeewaived, or deferred. Waivers and deferrals
shall be issued, in the order that completed ~.
applications are received by the County Manager. At least
forty percent 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 levels and which are
constructed by builders constructing less than five single
family Dwelling Units per year.
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
Words underlined ara added; words ~ are deleted.
:. Co~missioners 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 Impac= 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 ars 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
'i~. made within 180 days of connection of the Dwelling Units to the
~' Sewer System.
SBCTION TNOI Declaration of Emergency
.~':'- The Board of County Commissioners does hereby declare that
ii:ii' an emergency exists and that immediate enactment of this
!!" Ordinance is necessary, and by no less than four-fifths
i (4/Sths) vote of the membership of the Board of County
Commissioners of Collier County, Florida, does hereby waive
~. notice of intent to consider this Ordinance.
~,.' SECTION T~REEI 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 sep-
arate, distinct and independent provision, and such holding
.(~:..i shall not affect the validity of the remaining portions
~'--"' thereof.
.:,, SECTION FOURI Effective Date
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board of County Commissioners of
Words underlined are added~ words ~ are dmleted.
Collier County, Florida, with the Department of State of the
State of Florida, as soon after enactment as is practicable by
depositing the same with postal authorities of the government
of the United States for special delivery by registered mail,
postage prepaid, to the Florida Department of State.
TTtis Ordinance shall become effective as provided in
section 125.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this /6~ day of
'.p~.~T Z. aag~x, CleFk COLLTER COUNt, FLORIDA
'~_l~l~OVsd 'as.t,~/£orm and
Richard D. ¥o~Yanovich
S~c~retory of Store's Offic~e
Assistant County Attorney /~ ~ o~-Z~/-~Y-~
fili~ received .~
d~J$92
14
'..,.. Words 1~ are addedt words ~ are deleted.
STATE OF FLORIDA
I, DWIGHT E. BROCK, Clerk of Courts An and for the
Twentieth Judictal
hereby certify that the foregoing Is a true copy of:
0rdtn~ce No. 93-49
which was ~do~ted by the Board of County Com~tsstone~ on
the 10th day of Au~st, 1993, during Re~lar Session via
Emergency procedures.
'wITNEss my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth
day of August, 1993. .. ;. ', ....
Clerk of Courts and Clerk '-.. ....
~ ." Ex-officio to Board
Deputy Clerk