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Ordinance 93-53 ORDINANCE NO. 93- 53 EMERGENCY ORDINANCE A~ENDING COLLIER CO~TY )INANCE NO. 91-71, AS AMENDED BY ORDINANCE 92~0, iS FURTHER AMENDED BY ORDINANCE NO. 92-98; RELA~NG TO THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEE ORDINANCE; AMENDING SECTION 3.~, PROVIDING FOR MODIFICATION OF PROVISIONS RELATINGTO AFFORDABLE HOUSING; PROVIDING FOR DECLARATION EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILIT~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on Augtlst 7, 1991, enacted Collier County Ordinance No. 91-71, establishing an Emergency Medical Services System Impact Fee Ordinance; and '~'. ~ ;'. .~. ..... WHEREAS, The Board of County Commissioners of collier County on May 6~' 1992 enacted Ordinance No. 92-30 which amended Collier County Ordinance No. 91-715 and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-98 which further amended Collier County Ordinance 91-71~ and ' . :....... WHEREAS, the Florida Department of Community Affairs has requested certain amendments to the Emergency Medical Services -.System...Impact. Fee Ordinance as a condition to the County's receipt of State Housing Initiatives Partnership [SHIP] Program funding, and WHERF~S~ 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: ~ECTION ONE~ Amendment to Section 3.04 of Collier County Ordinance No. 91-71, as amended Section 3.04 is hereby amended to read as follows: Section 3.04. Affordable Housing A. Pursuant to the guidelines established in this Section, the County shall (1) waive or (2) defer, as ,oo 45 Words ~ are added; words ~ are deleted. app~icab~e~ the payment of the Impac~ Fee for any new .-: owlllr-ocoupild or tints1 Emergency Medical Service~ System Impact Construction which qualifies as Affordable Housing under ' Appindix A of thii Ordinance. ~' (1) Any person seeking an Affordable Housing waiver ..:~ Or dIferral for proposed Emergency Medical Services System Impact Construction shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Emergency Medical Services ~yItem 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 Emergency Medical Services System Impact Construction 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 Emergency Medical Services System Impact iii.i- Construction. (2) If the proposed Emergency Medical Services System Impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth tn 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~ o~_moderate income level as those Words ~ are added; words ~ are deleted. 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. (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 primary residence in the past three years. (41) The Dwelling Unit must be the homestead of the owner(s}. (~4) The Dwelling Unit must remain Affordable Housing for fifteen years from the date a certificate of occupancy is issued for the Dwelling Unit. C. To qualify for an Impact Fee deferral, 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 as defined in Appendix A and the amount of rent must be within the Affordable Housing guidelines established in Appendix (~2) The Dwelling Unit must be the household's permanent residence. (4t) 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 Words underlined are added; words ~ are deleted. 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 first~: provided. however, if the Impact Fee deferral was Paid with State Housina In~tiative Partnership rSHIP1Proaram funds, reoavment will be made to the Collier County affordable housina trust fund. E. The Impact Fees deferred for rental Dwelling Units at ~/ls time the Building Permit was issued shall become due and shell 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. If the Impact Fee waiver was Daid with State Housina Initiatives Partnership ~3~HIP] Proaram funds, repayment will be made to the Collier County affordable housing trus~ SU~, If the Dwelling Unit is used as Affordable Housing for the full 15 year period, the I~pact 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 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 re~uirements under this Section have been satisfied. H. Annually, the Owner of the Dwelling Unit shall provide to the County Manager an affidavit of compliance with the Words underlined are added; words ~~3h are deleted. criteria set forth in this Section. An affidavit must be filed ~;,' within thirty days of the anniversary date of the issuance of a ;~ii!~:..., cert~fXcate 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, th. following and aha11 further include such provisions deemed necessary by the i,I County to effectuate the provisions of this S,ction: (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 ,. Emergency Medical Services System Impact Construction ,. must be sold or rented to households meeting the criteria set forth in this Section. Immact Fee waivers or deferrals maid for with State Hou~ina Initiatives Partnership rsHIP1Proaram funds will only be ~ranted directly to buyers meetin~ Amoendix A cualificat~oDs and approval prior to Bulldin~ Permit issuancg, (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 maid with State Mousin~ Initiative Partnership fSHIP1 Pro.ram funds, repayment will be made to the Collier County affordable housin~ 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 ii:i, 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 Words underlined are added; words ~ are deleted. 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 certificate cf occupancy was issued for the Dwelling Unit. (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 Impact Fees were Da~d with State Housinq Initiative Partnership fSHIP] Proaram funds, repayment 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 d~ferred 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 Words underlined are added; words ~ are deleted. ~er's successors and assigns. <, ' (9) The agreement shall be recorded in the ~" Official Records of Collier County. ~i?) J. %~na 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 allocated to Impact Fee waivers or deferrals in the Collier County Mou$ina Assistance Plan. as established 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 Housing Init~ative Partnership [SHIP] Proaram funds. The budgeted amount shall be set aside in a trust fund and paid into the emergency medical serwices system impact fee trust account no later than that time when that amount is needed for a project :.~ f~nded by those Impact Fees waived or deferred. Waivers and ~[~' deferrals shall be issued in the order that completed ~~l~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 Commissioners occurring after 5:00 p.m. ~ L. No Affordable Housing waiver or deferral shall be " granted for an Emergency Medical Services System Impact Construction project which consists of a Mobile Home. SECTION TWOs Declaration of Emergency The Board of County Commissioners does hereby declare that ,oo 063- 5I Words underlined are added; words e4~9t% are deleted. an emergen~ 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 Couiesionere of Collier County, Florida, does hereby waive notice of intent to consider this Ordinance. EZCTXON ~REB~ Conflict an~ Severability ~e 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. SECTION FO~ 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 S~J~te of Florida, as scoff 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. ~is Ordinance shall become effective as provided in section 125.66(3), Florida Statutes. Words ~ are addedl words ~ are deleted. . PASSED AND DULY ADOPTED by the Board of County ~ Co~=fssfoners of Collier County, Florida, this /$. day of :~.: , , 1993. :i:"7. -A~t~ ;: BOARD OF COUNTY COl(MISSIONERS ~.'-'' :" ~.WI.~.HT I. B~ROCK, Clark COLLIER COUNTY, FLORIDA ':" "';2" r-.;, .// , · ~ ~' '' / ~?: / ~-- B~I~T L. SAUNDERS~ Chairman '' '."~, ~Sppr~v~d as'.~ fo~ and ' ' ', f ." ~al'. suffS6~en~: ;. ',: · ..:..'......-,-,~ .~%%~.' ... : ~ts o~l~e f~led wlth ~o ~ta~ of~te's :;'" ~l~lta~t County Attorney o~ ock~ed~e~ that .,~ Words underlined are added; words e4~~ are deleted. OP FLORIDA ] coU~l~ o~ COL~.~BR ) I, DWI(IHT E. BROCK, Clerk of Courts in and for the T~nt~eth Judicial C~rcu~, Collier County, Florida, do here~ cert~f~ that ~he fore~oin~ ts a true cop~ of: Ordinance No. 93-53 which was adopted by the Board of County Cc~nissioners on the 10th day of August, 1993, during Regular Session via ~aar~/enc~ procedures. WI~ESS my hand and tho official seal of the Board of County Commissioners of C~lller County, Florida, this llth daf of Au//ttst, 1993. DWIGHT E. BROCK '", ',' Clerk of Courts and ~er~ Ex-officio to Board~of County Commissioners, ~ Deputy Clerk ."/,, . "