Ordinance 93-54 ORDINANCE NO. 93-
EMERGENCY ORDINANCE AMENDING COLLIER COUNTY
)INANCE NO. 92-22, AS AMENDED BY ORDINANCE~NO.
2-57, AS AMENDED BY ORDINANCE NO. 92-99, RELATIN~ TO
THE COLLIER COUNTY ROAD IMPACT FEE ORDINANCE;
AMENDING SECTION 3.04, PROVIDING FOR MODIFICATIO~OF
PROVISIONS RELATING TO AFFORDABLE HOUSING; PROVIDING
FOR DECLARATION OF EMERGENCY; PROVIDING FOR CONFLI~
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. "~
WHEREAS, the Board of County Commissioners of
· County on April 16, 1992, enacted Collier County ordinance No.
92-22, establishing a Road Impact Fee Ordinance; and
. ~tEREAS, the Board of County Commissioners of Collier
~%lnty on August 11, 1992, enacted Collier County Ordinance No.
92-B7, amending Ordinance No. 92-22; and
WHEREAS, the Board of County Commissioners of Collier
. Co%l~ty on December 16, 1992, enacted Ordinance No. 92-99,
9~ further amending Ordinance No. 92-22; and
· WHEREAS, the Department of Community Affairs has requested
certain amendments to the Road Impact Fee Ordinance as a
" condition to the County's receipt of State Mousing Initiatives
Partnership [SHIP] Program funding; and
i. 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: ~end~ent to Section 3.04 of Collier County
Ordinance No. 92-22~ as amended
Section 3.04 is hereby amended to read as follows:
Ssction 3.04. Affordable Housing
A. Pursuant to the ~idelines established in this
Se~ion, the County shall (1) waive or (2) defer, as
app~c~le, the pa~ent of the Road Impact Fee for any new
o~-~upied or rental Road Impact Construction which
~a~ies as Affordable Housing under Appendix
Words ~ are added, words
(1) Any person seeking an Affordable Housing waiver
cr~ ~ferral for proposed Road Impact Construction shall
file with the County Manager an Application for waiver or
deXerral, prior to receiving a Building Permit for the
proposed Road 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 Road Impact Construction shall
be constructed7
(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 Road Impact Construction.
(2) If the proposed Road 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 OQner or Applicant. The Impact Fee
waiver or deferral shall be presented in lieu of payment of
the Road Impact Fee pursuant to Section 2.02.
B. To qualify for aN Road Impact Fee waiver or deferral,
owner-occupied Dwelling Unit must meet all of the following
(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 C 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
Owner, one of the Owners, must be a first-time home
buyer. To qualify~s a first-time home buyer, the
,o0 U63- 56
Worde.~ are added; words ~ are deleted.
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).
($~) The Dwelling Unit must remain Affordable
Housin~ for fifteen years from the date a certificate
cf occupancy is issued for the Dwelling Unit.
C. To qualify for an Impact Fee deferral, a Dwelling Unit
o~fsred for rent must meet all cf the following criteria:
(1) The household renting the Dwelling Unit must
have a very iow or iow income level as defined in
AppendiE C and the amount of rent must be within the
Affordable Housin~ quidelines established in Appendix
(~Z) The Dwelling Unit must be the household's
permanent residence.
(41) 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 Road Impact Fees deferred for owner-occupied
Dwelling 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 Unit, or the a~scontinuance of of
Dwelling
use
the
Dwelling
Unit as Affordable Housing, whichever occurs first~: Drovide~,
however, if the Road Impact Fee deferral was Paid with Stat~
~ousin~ Init~ative Partnership ~SHIP1 Pro.ram funds.
will be made to the Collier County affordable bousinq trus~
Words underlined are added; words ~ are deleted.
i!'[ ' E. The Impact Fees deferred for rental Dwelling Units at
t/%a time the Building Permit was issued shall become due and
':'. aha11 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 Road 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
i[" Cotmty 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~
provided, however, if the Road Impact Fee waiver was paid with
" State Housin~ Initiatives Partnership rSHIP] Pro,ram fu~,
repayment will be made to the Collier County affordable housinq
tr~st fund. If the Dwelling Unit is used as Affordable Housing
for the full 15 year period, the Road Impact Fees are no longer
due and the lien on the Dwelling Unit shall be released.
G. The percentage of the total Road Impact Fee which
shall be waived or deferred pursuant to this Section for an
· ~/i~ owner-occupied or rental Affordable Housing Dwelling Unit shall
~' be the percentage set forth in Appendix-C. The ~oad Impact
~,.. Fees waived or deferred shall be a lien on the property until
all requirements under this Section have been satisfied.
]:.' H. Annually, the Owner of the Dwelling Unit shall provide
i,. tO the County Manager an affidavit of compliance with the
~f' criteria set forth in this Section. An affidavit must be filed
;~ii~ within thirty days of the anniversary date of the issuance of a
'~'' certificate of occupancy.
:.,. I. The Owner receiving a~ Road Impact Fee waiver or
' deferral shall enter into an impact fee agreement with the
' County which agreement shall provide for, at a minimum, the
Words underXined are added~ words=~ru=..~ ~ ~.h~ugh are deleted.
following and shall further include such provisions deemed
necessary by the County to effectuate the provisions of this
: Sec~c~on=
~:.~ (1) The legal description of the Dwelling Unit.
(2) Where a~ Road 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 Road Impact Construction must be sold or rented to
households meeting the criteria set forth in this
i!i.' Section. Road Impact Fee waivers or deferrals Paid
for with State Housina Initiatives Partnership fSHIP]
:-' Proaram funds will only be aranted directl¥_.to bvyers
.<. meetin~ Appendix C aualifications and approval DriO~
tO Buildin~ Permit issuance.
(3) For ow~er-occupied Dwelling Units, the
, amount of Impact Fees deferred shall be repaid to the
t County upon the sale, refinancing or discontinuance of
' use of the Dwelling Unit for Affordable Housing,
:' whichever occurs firstv~ provided, however if ~Qad
ImDact Fees were paid with s~a~e Bousina Initiative
Partnership [SHIP] Prooram funds, reDa~v~ent will be
~. made to the Collier County affordable housin~ trust
fund. For rental units, the Road 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 Road Impact Fees have been repaid to
,~: the County because the Owner sells, refinances or
~i;. discontinues the uss 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 Certificate of
Occupancy was issued for the Dwelling Unit.
063. 59
Words ~ are added~ words e~~ are deleted.
(4) For owner-occupied Dwelling Units where Road
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.
~ 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 Road 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.
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.
J. The amount of Road Impact Fee waivers and deferrals
gXanted pursuant to this Section shall be limited, in total, to
Words ~ are added; words ~ are deleted.
the amount appropriated by the Board of County Commissioners at
their final public hearing regarding the adoption of the annual
County budget ~ct Fee waivers or
deferrals in the Collier County Hpusinq ~ssistance Plan. as
create~b~Collier County Ordinance NP, 93-19. Road Impact Fee
waivers and deferrals pursuant to this Section shall begin in
the 1993-94 fiscal year or earlier upon receiu~ 9f State
HoA~~ti~e Partnership fSHIP1Proaram funds. The
budgeted amount shall be set aside in a trust fund and paid
into the road impact fee trust account no later than the 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~ 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 C or the minimum
funding requirements adopted in this Section must occur as an
ordinance amendment at a public hearing of the Board of County
Comm~ssioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or deferral shall be
granted for a Road Impact Construction project which consists
of a Mobile Home.
SECTION TNO~ De~laration of Emsrgsnc~
~e Board of County Commissioners does hereby declare that
an emergency exists and that immediate enactment of this
Ordinance i. necessary, and by no less than four-fifths
(4/Sthe) vote of the membership of the Board of County
Co~uaissioners of Collier County, Florida, does hereby waive
notice of intent to consider this Ordinance.
Words ~ are added; words e~ are deleted.
SECTXON THREEs Conflict and
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
~ereof.
8E~ZON FO~ Effective Date
A certified copy of th~s Ordinance,
f~led ~ the Clerk of the Board of County Co~[ssioners of
Collier County, Florida, with the Department of State of the
State of Florida, as soon after enactment as ~s practicable by
deposit~ng the same with postal authorities of the government
of ~e United States for special delivery by registered mail,
postage prepaid, to the Florida Department of State.
~s Ordinance shall become effective as provided in
section 125.66(3), Florida Statutes.
PASSE~ ~D D~Y ADORED by the Board of County
Conditioners of Collier County, Florida, this /~ . day of
:~~, 1993.
.[~O~~ E'?'[B~K, Clerk BO~D OF CO~TY COmmiSSIONERS
~' ' '~ ~1~ ordlno~ce f~ed with the
~c~a~ of ~tote's Offlc~
~sistant county Attorney
o~ ock~ledge~nt ~f that
62
Words ~ are added; words ~~ are deleted.
'COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts tn and for the
Twentieth JudAcAa! Circuit, Collier County, Florida, do
hereby certify that the fOregoing is a true copy of:
· ~ Ordinance No. 93-54
which wam adopted by the Board of County Commissione'rs on
the lO~h'day'of August, 1993, during Regular Session v~a
Zii'~i~'proceduree.
· WITNESS my hand and the official seal of the Board of
Coun~'~ommtssioners of Collier County, Florida, thts llth
day of August, 1993.
Clerk of Courts and Clerk.' "-.
Ex-officio to Board of,? '
County Commies tone~
Q Deputy Clerk ~' /~:t" ' '