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Ordinance 93-51 ORDINANCE NO. 93- ORDINANCE AMENDING COLLIER COUNTY 88-97, AS AMENDED BY ORDINANCE NO. 91~11, %MENDED BY ORDINANCE NO. 92-96, RELATING TOf_"~HE ,IER COUNTY LIBRARY SYSTEM IMPACT FEE ORDINANCE; AMENDING SECTION 3.04, PROVIDING FOR HODIFICATIO~OF PROVISIONS RELATING TO AFFORDABLE HOUSING; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of ~llie~ County on December 13, 1988, enacted Collier County Ordinance No. 88-97, establishing a Library System Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier County on January 21, 1991, enacted Collier County Ordinance No. 91-11, which amended Collier County Ordinance No. 88-97; and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-96, which amended Collier County Ordinance 88-97; and WHEREAS, the Florida Department of Community Affairs has recluasted certain amendments to the Library System Impact Fee Ordinance as a condition to the County's receipt 6f 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 conpleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE~ Amendment to Section 3.04 of Collier County Ordinance No. 88-97, as amen~e~ Section 3.04 is hereby amended to read as follows: Section 3.04. Affordable Housing A. Pursuant to the guidelines esta~'%ished 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 Library System Impact Con~truction Words ~ are added; words are deleted. which qualifies as Affordable Housing under Appendix A of this Ordinance. ~('.(1) Any'person seeking'an Affordable Housing waiver o~[deferral'~°r propoe~d. Library System Impact Construction shall file with the County Manager an Application for waiver or deferral,, prior to receiving a Building Permit . :for the proposed Library System Impact Construction..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 Library System Impact · u Construction shall be constructed~ v~i+..'. (c). The ~ncome level of the .Owner or if the · r..:... Owner ~s'a builder, ,the.income level of the household ..~'.u,. to. which..the Dwelling Unit will be sold or rented; '%./ '. (d} The-~number of bedrooms in.each Dwelling Unit · =...:of.the Library System Impact Construction. · :..,,.' (2.) If the proposed Library System Impact ...Construction 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) of the Dwelling Unit must have a very low, low, or moderate income level 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. Words ~LD&~ are added; words =~ruc., thro%~ are deleted. (2) The Owner, 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 ~' ' Owner must not have had an ownership interest in their :i.~ primary residence in the past three years. (~) ~e Dwelling Unit must be the homestead of the Owner(s). b'. ~ (~A) The Dwelling Unit must remain Affordable i Housing for fifteen from the date a certificate years · ?. of occupancy is issued for the Dwelling Unit. / C. To c/ualify for an Impact Fee deferral, a Dwelling Unit '~'":..~ offered for rent must meat all of the following criteria: 1~ (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 ~'; (~) The Dwelling Unit must be the household's permanent residence. ~., (~) 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 Dwelling ~./ Units at the time the Building Permit was issued shall become "J~ 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 as Affordable Housing, whichever occurs firstv~ Drovide~, Words underlined are added; words st-~~o~ are deleted. ~ if the Impact F~e deferral was paid with State Housing Initiative Partnership fSHIP1 ProGram funds, repa~ent will be made to the Collier County affordable housing 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 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 i? 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 ~:i:. the Dwelling Unit is not utilized as Affordable Housing at any ~ time d~ring the fifteen year period after the certificate of ':~ occupancY is issued for the Dwelling Unit. If the ImD~g~ Fee ~.' waiver was Paid with State Mousina Initiatives Partnership fS~IP] Pro,ram funds, repayment will be made to the Collier ~ If the Dwelling Unit is · ueed..a~.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 ~hall 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 reg~frements under this Section have been satisfied. / H. Annually, the Owner of the Dwelling Unit shall provide to theCounty Manager an affidavit of compliance with the ~i;':~ criteria set forth in this Section. An affidavit must be filed within thirty days of the anniversary date of the issuance of a i:'..i certificate of occupancy. -4- Words ~ are added; words e~z~,e~-~%~,e~%~ are deleted. ir.' 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: J:.~': (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 renter, the ~.' Library System Impact ConstrUction must be sold or rented to households meeting the criteria set forth in this Section. Impact Fee waivers or deferrals Paid for : with State Housina Initiatives Partnership ~ Pre,ram funds will only be aranted directly to buyers · meetin~ APPendix A aualiftcattons and approval Drier ~ Buildin, Permit issuance. (2) For owner-occupied Dwelling Units, the .ii~i..: 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 ~.. State Housin~ Initiative Partnership £SHIP] Proaram funds, repayment will be made to the Colli~F ~i affordable housina trust fund. For rental units, the ~i Impact Fees deferred shall be repaid upon sale, refinancing, the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen years from the ~!;~.i issuance of a certificate of occupancy, whichever ii!'. occurs first. Even though the Impact Fees have been f~' repaid to the County because the Owner sells, refinances or discontinues the use of the Dwelling Unit for Affordable ~ousing, the County can require '!~.·. the Owner to utilize the Dwelling Unit for Affordable i~..' Housing for fifteen years from the date the Words underlined are added; words e~ are deleted. Certificate of Occupancy was issued for the Dwelling (4) For owner-occupied Dwelling Units where 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 I~D~Ot Fees were Paid with State Housing ~nitiative Partnership fSHIP] Proaram funds, renavment will be made to the Collier County affordable housina 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. (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 days of the anniversary date of the issuance of a certificate of occupancy. (7) 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. (8) The agreement shall be binding upon the Owner's successors and assigns. (9) The agreement shall be recorded in the Official Records of Collier County. Words underlined are added; words e~ are deleted. 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 the adoption of the annual County budget, and-the amount a.11ocated to I~DaCt Fee waivers and deferrals in the Collier County Housin~ Assistance Plan. as established by County Ordinance No. 9]-19. Impact Fee waivers and deferrals pursuant to this Section shall begin in the 1993-94 fiscal year. or earlier uDOD receipt of State Housina Initiative PartnershfD'[SHIP].Proaram funds. .The budgeted amount shall be. setLasida: in .a trust fund and paid into the library system .impact fee trust account no later than that time when tha='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~ 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. Al~y.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 Library System Impact Construction project which consists of a Mobile Home. SECTION TWO~ Declaration of Emerge~oy The 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 ~ords ~ are added~ words ~-'~'~"'-~gh are deleted, Commissioners of Collier County, Florida, does hereby waive notice of intent to consider this Ordinance. BSCTXO~THIIEEz Con£liot and 8eversbilit¥ The provisions of this Ordinance shall be liberally construed to effectively carry out its p~rposes 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 ~ep- state, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thsr~'0f. 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 Collier County, Florida, with the Department of State of the State of Florida, as soon after enactment as is practicable by d~p6~%ing the same with postal authorities of the government of theUnited States for special delivery by registered mail, pg~.p~s~gid, 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 _~_~day of .~ATTESTI~. .'/. ~ '." ~. BOARD OF COUNTY COMmISSiONErS ~' :DWIGHT E. BR~K~:. C~.~k COLLI~ F~DA 'This ordlno~ce flied with' the: BeC'dX' -F. Ashton ,o. 063- 33 Words ~ are added~ words e%~~ are deleted. STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk of Courts In and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 93-51 which was adopted by the Board of County Commissioners on the 10th day of Au~st, 1993, during Regular Session via Emsrgen~ procedures. WITNESS ~y hand and the official seal of the Board of .County Conlasloners of Collier County, Florida, this day Of Au~at, 1993. DWIGHT E. BROCK .~ ~, Clerk of Courts and Clerk .. .~.~ Ex-officio to Board of ~ "' '' L; County Commissioners .~. ~ Deputy Clerk '~'y, :~.