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Ordinance 93-52 ORDINANCE NO. 93- .~2.. ORDINANCE AMENDING COLLIER CO~TY INANCE NO. 88-96, AS AMENDED BY ORDINANCE ~O. AS FURTHER AMENDED BY ORDINANCE NO. 92-29, ~D FURTHER AMENDED BY ORDINANCE NO. 92-97, RELAT~G TO THE COLLIER COUNTY PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE; AMENDING SECTI~ 4.05, PROVIDING FOR MODIFICATION OF PROVISION~ RELATING TO AFFORDABLE HOUSING; PROVIDING FOR DECLARATION OF EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on December 13, 1988 enacted Collier County Ordinance No. 88-96, establishing a Parks and Recreational Facilities Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier Cotmty on May 22, 1991, enacted Collier County Ordinance No. 91-39, amending Ordinance No. 88-96; and WHEREAS, the Board of County Commissioners of Collier County on Hay 6, 1992 enacted Ordinance No. 92-29, which amended Collier County Ordinance 88-96; and WHEREAS, the' Board of County Commissioners of Collier County on December 16, 1992 enacted Collier County Ordinance }~o. 92-97, amending Ordinance No. 88-96; and WHEREAS, the Florida Department of Community Affairs has requested certain amendments to the Parks and Recreational Facilities 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 COHMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONWz Amendment to Section 4.05 of Collier county Ordinance No. 88-96, as amended Section 4.05 is hereby amended to read as follows: A. Pursuant to the guide_ii_nas established in this Words ~ are added; words ~ are deleted. Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Parks and Recreational Facilities Impact Construction which qualifies as Affordable Housing under Appendix I of this Ordinance. (1) Any person seeking an Affordable Housing waiver or deferral for proposed Parks and Recreational Facilities Impact Construction shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Parks and Recreational Facilities 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 Parks and Recreational Facilities Impact Construction shall be constructed; (c) The income level of the Owner or if the Owner is a builder, the income level of ~he household to which the Dwelling Unit will be sold or rented; (d) The n~mber of bedrooms in each Dwelling Unit of the Parks and Recreational Facilities Impact Construction. (2) If the proposed Parks and Recreational Facilities 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 ~hall 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 Words ~ are added; words ~ are deleted. a very low, low, or moderate income level as those terse, are defined in Appendix I and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix (2) The Owner,.or if there is more than one -.:. ~_OwD. er, one of. the. Owners, must be a first-time home .-.~..buyar, To qualify as.a first-time home buyer, the ..:.~....Owner must not have-.had an ownership interest in their ... · primary residence in the past three years. (~) The Dwelling Unit must be the homestead of ~he.Owner(S).. .... .. (&A) The Dwelling Unit must remain Affordable Housing for fifteen years from the date a certificate of occupancy is issued for.the Dwelling Unit. O. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must~meet a!l of the. foll0wing.criteria: (1) The.household renting the Dwelling Unit must have a very low or low income level as defined in Appendix I 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 Words ~ are added; words e~~/h are deleted. 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 as Affordable Housing, whichever occurs firstT: provided. however, if the Impact Fee deferral was oaid with State Housina ~Ditiative Partnership rSHIP1Proaram funds, repayment will be Nde to the Collier County affordable housinu trust ~und. 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 !i 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. :.~' P. 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 ~ear period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was Paid with State Housina Initiatives Partnership £SHIP1 Pro,ram funds, renavment will be ~ade to the Colllpr County affordable housina trust fu~d. If the Dwelling Unit is used as Affordable Housing for the full 15 year period, the ., Impa~t Fees are no longer due and the lien on the Dwelling Unit i:i~ shall be released. '~: O. 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 ~.i'iil· be the percentage set forth in Appendix I. The Impact Fees waived or deferred shall be a lien on the property until all ~' requirements under this Section have been satisfied. .i'~i'.~.. H. Annually, the Owner of the Dwelling Unit shall provide ,oo 38 i~ -4- Words underlined are added~ words e~~ ara deleted. ~.... 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. ...Z.. The Owner receiving.an.Impact Fee waiver or ~eferral ~ shall:enter in~o.an'impao~..fee'agreemen~ with the county which ?i~'.I agre,m~nt-~all.prov!4a..~o~,..~t.a'min~um~, the'following and shallTf~r~/~e=.,in~lude'.'.s~ch.provisions deemed necessar~ 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 .' given to an Owner who will be selling or renting the ~. ~;'..:,,'~'Dwelling Unit to'a~subsequent purchaser.or renter, the .'.~ ..... Parks'and Recreational'Facilities Impact Construction :": . ':. '.; must be.sold or rented.to households meeting the ";' criterta.eet.'forth:in this Section..ImDact Fee waivers ..' 'or deferrals Paid for with State Hous~no Initiatives .. Partnership rSHIP] Pro,ram funds will only be oranted ... directly to buyers meetin~ APPendiX I oualifications .. "and approval prior, to Buildin~ Permit issuance, "'t~':~" : .(3)''For'owner-occupied Dwelling Units,. the ... amount ~f Impact Fees deferred shall be repaid to the ~., ...~.~ .....~_~9~n~..~p~n..~..~al~.,...refinancing or.discontinuance of · .use of .the Dwplling. Unit for Affordable Housing, ,; ~ whichever occurs first. If Impact Fees w~re Paid State Housina Init~ative Partnership [SHIP] Proaram i':' 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, · 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 repaid to the County because the Owner sells, ~' -5- :~:.: Words ~nderlined are added~ words et=~G~-~4~ough are deleted. ~ 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 ill." -. certificate, of occupancy, was issued for the Dwelling . r:'.',e-~.' . .... . (4) For owner-occupied Dwelling Units where .':' ... -.v-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. ~II~t Fees-were'maid with State Housina' ~I~D fSHIP] Proaram funds, repayment .'v ~ E~en though, the' Impact Fees .ha¥~k~en · N~paid.~o., the _Co~nty,~ecause.. the Dwelling.. Unit ~has not ~?,~. bUn...u~ilizs~ ~or ~%ffordable.Housing.the County.can ?' require.the_Owner'.to utilize the Dwelling.Unit for ~'i.: Affordable.Houskng .......... ... : (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. '~i (?) 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. 40 Words ~~ ars added; words ~ are deleted. %.~ (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. ~. The amount of Impact Fee waivers and deferrals granted pursuant to this Section aha11 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 allocated to ImDact Fee waivers or dafe~ale in the Collie~ County Housin~ Assistance Plan. ~stahlished by 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 Init~at[ve Partnership ~SHIP] Pro,ram funds. The budgeted amount shall be set aside in a trust fund and paid into the parks and recreational facilities impact fee trust account no later than that time when that amount is needed for a project f~lnded 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 o~ner-occupied ~; . Dwelling Units serving the very low and low ~ncome levels and -' which are constructed by builders constructing less than five · single family Dwelling Units per year. K. A~y changes or amendments to Appendix I or the minimum funding requirements adopted in th~s Section mus~ occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5c00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Parks and Recreational Facilit~es Impact Construction project which consists of a Mobile Hone. Words ~derlfned are added~ words ~ are deleted. ~BC~ZOX 'I'WO~ ~eol~ra~ion of Z~srgenoy 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 Commissioners of Collier County, Florida, does hereby waive notice of intent to consider this Ordinance. SECTION THRBEI Conflict and Sevsrability 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 shall not affect the validity of the remaining portions thereof. I~CTXO~ ~OUR~ E~feotive Bate 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 depositing the same with postal authorities of the government of the United States for special delivery by registered mall, postage prepaid, to the Florida Department of State. This Ordinance shall become effective as provided in section 125.66(3), Florida Statutes. 063 -8- -:- Worde ~ ara added; words ~ are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ,,,/~ day of : ,~m~' ATTEST: 'w ", BOARD OF COUNTY CO~ISSIONERS ~.*~ ..' .D, WIGHT E~ BR~CK, Cl.rk COLr. IER CO~A · . '. /. By: ,,... [~,/-..'~/"- ..i-.' ,--~' ~--~'-........ '.? BURT ~ SAUNDERS, Chairman ' legal-, eufficiency: . ~ , , . ~t, ~. ' ~ ~ ~..-... T~ls cwdlnor~ce ffl~:~ with *he Ass~etan2 County Attorney f~.g~doy o~4~ o,~d oclmow'~d,:e,~,~.~ that flll..r~ received ,t~ -9- Worda~ are added~ words e*.~'~ek--~h~h ara deleted. E~A~s o~ F~O~Z~X COUNTY OF COLLXZR ) Z, DWIGHT E. BROCK, Clerk of Courts tn and for the T~entteth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: Ordinance IVo. 93-52 which was adopted by the Board or County Commissioners op the 10th day of August, 1993, durAng Regular Session via Emergency. procedures. WXTNES$ my hand and the orificial seal of the Board of Cotult¥ ConmIaa/onera or Collier County, Florida, this llth da~ of Au~s~, ~993. Clerk off Courts and Ex-offf~c~o to Board of ~"