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Ordinance 93-50 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-86, AS AMENDED BY ORDINANCE NO. 91-50, AS FURTHER AMENDED BY ; ORDINANCE NO. 92-91, AS AMENDED BY ORDINANCE NO. 92-95, RELATING TO THE COLLIER COUNTY REGIONAL WATER SYSTEM IMPACT FEE ORDINANCE~ AMENDING SECTION 3.04, PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE HOUSING~ PROVIDING FOR DECLARATION OF EMERGENCY~ PROVIDING FOR CONFLICT AND SEVERABILITY~ AND PROVIDING AN EFFECTIVE DATE. WHERE~S, the Board of County Comtseionere o~ Collier 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 Commissionurs of Collier County on June 18, 1991 enacted Collier County Ordinance No. ~1-50~ ~mendtng Collier County Ordinance No. ~0-8~1 and I~..~, the Board of County Com~tseloners o~ 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 90-86~ and WHEREAS, the Florida Department of Community Affairs has requested certain amendments to the Collier County Regional Water System 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: Words underlined are addedl words ~ are deleted. BBC~XO~ 0~. Amendment to 8eotion 3.04 of Coll~e~ county Affordable Houling Ordinance No. 90-86, Section 3.04 i= hereby amended to read aa follows: Section 3.04. Affordable Housing ~. 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 Dsvelopmen~ 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 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 llousing 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. Words ~ are added~ words e~ ara deleted. ~.. B. To ~ualify for an Impact Fee waiver or deferral, an ~:.;..'. owner-occupied Dwelling Unit must meet all of the following ;~'; · criteria: ~J- (1) ~e O,mar(s) of the Dwe].'~lng ~nit ~e~s are defined ~n Appendix A and the monthly pa~en~ to purchase the unit must be within the Affordable Housing ~del~nes established ~n Appendix A. (2) ~e ~er, or If ~ere is more than one ~er, one of the ~ers, must be a first-time home buyer. To ~alify as a first-time home buyer, the ~er mus~ not have had an o~ership interest in their prima~ residence in the past three years. ::'~ (~) ~e ~elling Unit must be the homestead of ~ ~a=(s). ~ . (~A) ~e ~ell~ng Uni~ must remain Affordable ~' Housing for f~fteen years from the date a certificate of occupan~ ~s issue4 for the ~elling Unit. , ~. To ~alify for an Impact Fee Deferral, a ~elling Unit ~' offered for rent must meet all of the following criteria: ~.. (1) ~e household renting the ~elling Unit must · have a ve~ low or low ~ncome level as defined Appendix A and ~he amount of rent must be wig%in the '$ Affordable Housing ~idelines established in Appendix --3-- Words ~ are addedl words ~'~l-~h~-h are deleted. ?? (&~) The Dwelling Unit must be the household's '"~ permanent residence. :~" (4~} The Dwelling Unit must remain Affordable :(. Housing for fifteen years from the date a certificate : 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 i:~:~: upon ~he sale of the Dwelling Unit, the refinancing of the L Dwelling Unit, or the discontinuance of use of the Dwelling Unit as Affordable Housing, whichever occurs firstvSDrovided. however, iff the Impact Fee deferral was paid with State 'i' Initiative Partnership rSHIP~ Pro=ram funds, repayment will be made to the Collier County efford~bl~ bous~q ~t fund. ~. 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 i~' 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 the Dwelling Unit is not utilized as Affordable Housing at any ~i. time during the fifteen year period after the certificate of i!' occupancy is issued for the Dwelling Unit. If th~ Impact Fee ~!~] '· ~aiver was Da~d with State ~ousin~ Initiat~ve~ Partnership fSHIP~ Pro,ram funds, repayment w[11 be made to the Collier County affordable houeino trust fu~d. If the Dwelling Unit is used as Affordable Housing for the full 15 year period, the Impact Fees ars no longer due and the lien on the Dwelling Unit ; ~, shall be released. Words underlined are added~ words~ are deleted. 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 bt 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. M. Annually, the Owner of the 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 cez~cificate 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 followimg and shall further include such provisions deemed necessary by the cowry to effectuate the provisions of this Section: (1) The legal description of the Dwelling Unit. (2) Where an Impact Fee waiver or deferral given to an Owner who will be selling or renting the Dwelling Unit to & subsequent purchaser or renter, the Water System Impact Development must be sold or rented to households meeting the criteria set forth in this Section. Impact Fee waivers or deferrals Paid for with State Housing Initiatives Partnershi9 Proaram funds will only be granted d~.rectlv mee~in~ AoDendix A auelifications and adorers1 Drier to Buildin= Permit issua~ce. (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 ~ere Paid With State Housin~ Initiative Partnershi? rsHIP] Pro,ram funds, reDa_vment will be made to the Collier County affordable housing trust fund. For rental units, the Words ~ are added; words mk--~ are deleted. .: Impact Fees deferred shall be repaid upon sale, refinancing, the discontinuance of use of the Dwelling .'f:. 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 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 date the cer~ificate of occupancy was issued for the ~elling Unit. i:'?' (4) For owner-occupied Dwelling Units where i~? Impact Fees have been waived, the Dwelling Unit must · ;, be utilized for Affordable Housing for a fifteen year period after the certificate of occupancy is issued and if the Dwelling Unit ceases to be utilized for that purpose, the Impact Fees shall be repaid to the County. If Imnact Fees were Paid with State }~ousina Initiative Partnership rSHIP] Proaram will be made to the Collier Cou~¥.~fordahle housing 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 the Dwelling Unit for Affordable Housing. !~.'i (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. ,.' (6) Annually, the Owner of the 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 Words~ are added~ words e%t~ek-~*4~-e~ ara deleted. '"' . days o£ the anniversary date of the issuance of a certificate of occupancy. ,.', (?) Upon satisfactory completion of the agreement requirements, the County shall record any necessary documentation evidencing same, including, .'" but not limited to, a release of lien. 'h :5. (8) The agreement shall be binding upon the Ownerts successors and assigns. (9) The agreement shall be recorded in the · Official Records of Collier County. ' ~. 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 bearing regarding the adoption of the annual '.~' County budget and the amount allocated to Impact Fee waivers and deferrals in the Collier County Housin= Assistance Plan. as established bv Collier County Ordinance No. e3-19. Impact Fee waivers and deferrals pursuant to this Section shall begin in the 1993-94 fiscal year or earlier UDOn receipt of State ~.: Hous~no In~t~ative Partnership rSHIP] Proaram funds. The budgeted amount shall be sst aside in a trust fund and paid into the water system impact fee trust account no later than that time when that amount is needed for a project funded by ..: those Impact Fees waived or deferred. Waivers and deferrals +~. shall be issued in the order that completed aual~fvin~ :.~':i 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 · .i. 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. X. Any changes or amendments to Appendix A or the minimum :~:, funding requirements adopted in this Section must occur aa an -?- Words ~ara added~ words e~ea--%~e~ ars ~eleted. 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 · ystem Impact Development which is characterized as Affordable Housing herein, the Board shall have the discretion, and not ~he obligation, to consider the grant requests for waiver or de,errs1 for existing Dwelling Units which are characterized as W~t'~r System Impact Development, provided such housing oth~rWiss meets the requirements of this section and the Board da~ermines there are funds available to grant such a request. ~y' such request shall not be considered by the Board if not made within 180 days of connection of the Dwelling Units to the Water System. SECTION TWOI Deolaretion of Emergenc~ ...Tho Board of County Commissioners does hereby declare that an emergency exists and that immediate enactment of this Ordinance. is necessary, and by no less than four-fifths (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. SZCTXONTIIRBBI Conflict and Saverabllity · 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 Ordinanc~ i~ for any reason held invalid or unconstitutional by any court of c~mPete~t 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 ithereof. ;"i. sBCTxoN FOUIt~ EffeGtivs Date A certified copy of this Ordinance, as enacted, shall be 23' Words ~ are added~ words ~ are deleted, filed by the Clerk of the Board of County Commissioners of '~'~ ~ Collier County, Florida, with the Department of State of the :i." 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. This 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 ,/<9 day of ~ AT~ES~0~ ~ .. BOARD OF COUNTY COM]~ISSIONERS ~ '. "lq ~'&.~ ...'..' .' 5:: -- DERS, Chairman ." '~-,t~ ..... ' .. ~ - or~ OC~'~'M ~ ,.~',~.~"A _- .~. ' d~JS~ fllln~ reCaired ~''~'/°oY 24 Words lillfl~r,//nfi~ara added; words ~ are deleted. COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk of Courts in and for the 'Twentieth Judicta! Circuit, Collier County, Florida, do :;[ hereby certify that the foregoing is a true copy of: Ordinance No. 93-50 whichwas adopted by the Board of County Commissioners on the 10th day of August, 1993, during Regular Session via Emergency procedures. WITNESS my hand and the official seal of the Board of County Commlestonera of C~lller County, Florida, this llth day of August, 1993. DWIGHT E. BROCK '' Count~ CommlsstTners ?:~ Deputy Clerk .~, .- '