Ordinance 92-095 ORDINANCE NO. 92- 95 _ ~
AN ORDINANCE AMENDING ORDINANCE NO. 90 -86, ~..
THE COLLIER COUNTY REGIONAL WATER SYST_E~_
FEE ORDINANCE BY AMENDING SECTION 3.04
'ITLED AFFORDABLE HOUSING, PROVIDING FOR
~IFICATION OF PROVISIONS RELATING TO AFFORDABLE
iSING; PROVIDING FOR MODIFICATION TO APPENDIX A;
NG FOR CONFLICT AND SEVERABILITY; AND
NG AN EFFECTIVE DATE.
W~EREAS, the Board of County Commissioners of Collier
County on November 27, 1990, enacted Collier County Ordinance
No. 90-86, establishing a Collier County Regional Water System
Impact Fee Ordinance; and
WHEREAS, the Board of County Commissioners of Collier
County on June 18, 1991, enacted Collier County Ordinance No.
91-50, and on November 10, 1992, enacted Collier County
Ordinance No. 92-91, amending ordinance No. 90-87; and
WHEREAS, the Board of County Commissioners of Collier
County desires to further amend the Ordinance in certain
respects.
NOW, T~EREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE~ Section 3.04, Affordable Housing of Collier
County Ordinance No. 90-86, as amended, shall be amended as
follows:
Section 3.04 Affordable Houeing.
~ ........ ~ A~ ::outing and
~ ~ ~te funded ~ wh~
....~..z _~_~ ......... ~..~ ~ subsidy prsgram ~4~ ~ Ctata e4~ County
· -~ A~ ~ sacking
~sr ~ prcpo~cd Watc~ ~
--1~
Words underlined are added; words ~
s.ruc~ through are deleted.
~ upon ~ioh
,.:'OV, T' ~' ,,C' :' ~,. - I
Dc':cl~p=ant cb. all ~ con~tructa~;
.- .' ~'"-' · ~ ", o~ . .. ".: T . ' _ .
=ub=i~y, including ~ny
"'~, ,.'; ~: ,"" .... i< ' :' ""
O ........... ~y=tcm ~ .... ~ Dcvclopmcnt,
~ ~ ~,,~ prcpccc~
.,,c ~ issue ~ ~pact
~ thcn ~ Ccunty shall
~li
.cc .~ --" ~ Syctcm Impact ~cvclcpncn~ ~ich
~ords uDderlined are ~dded; ~ords ...... ~,~ ~..~,,~ are deleted.
..... f= c~n ~
~n=truc~ion shall ~= con~ruc.c'-"~ ~ ~,
e.~~.-~ ';ill ~ ~~ for o:I=
............ 'rant F 'ah~'-
ncct=-~.~ a~ ~ ~ ~' Affordable
~ ~~ ~ th~ County ~ shall
" f~ ~ ~ thc Applicant for
~.,~- -ro-o~c.~ ~ ~ ";'.~ ~.cr Sy~tcm Impact Dcvcl~pm~nt,
~ ~ ~ ~-~atcr ~ ~ Dcvclopmcnt ~ baing
..... , ,. cant .,~ ~ta n e
........... z ...... Impac~ ~ ~ ~ thc
~-~--~;-- ~ -~"-~ uclling ~ ~ ~ '~ ~ ~ System
~ ~ ~- County ~ ~ ~ ~
c~c.. ~ Unit ~ ~ .... ~-- ~ Impact Dcvclcpmcnt.
Words underlined are added~ words ~h ar~ d~l~ted.
Applicant.
~ffcr=d for rent, ~ Applicant m~ =~ain ~ ~
~~h~ ~tcr ~ ~ Fcc ~ prcscntir~ ~ ~..~ ......... ~..~"
thc ' ' fo= ~ and
~ indicating ~ ~ ~ ~ mcnthly rcn~a
~ ~ ~ ~ ~Such ~t~tion Dhall
~ ~ Failu~ ~ ~ such
~ ~ ..... ~ ~ ~ - Affordable
~ ~ any year ~ thc fail~ ~ prs'.'ide
~ fha% the total ~ =cnt~ received pc=
........................... System ~
day~ ~ ~ ~ thc Authcrizaticn ~ ..cim~ur~cmcn~
an~~ ...... ~ documcntaticn indicating ~ cal~ price
Words ~d¢~ltne~ are added~ words c~ruck ~hrcugh are deleted.
'~- ~ ~n., .. p~ e~eh ~~V~ from
~ 'Jatcr ~ ~ Fccs ccllcctcd ~;suant
available ~ ~ Applicant ~ ~tatcd ~ thc ~
~ ~ ~ ~ ~ cold ~ rented ~
~ ~ ~ ~ '~ithin ~ ~t~nda~s
ycar~ ~ th~ issuanc~ ~ thc Bui Idin~ ~
~ ~ ~ contained %'ithin ~ ~-
~ ~ ~ ~ ~-~ monthly ~tal ~
~ ~ Authorization for ~r all pa}santo
~ ar~ rcquircd ~ ~ ~ ~ ~ tenant ~ ~ condition
rcsiding at ouch D%'clling unit shall bc inclu~.
=~ a ...... ~ Dcvclopmcnt prc]cc~ '.~:-~ rcccivc:
~ ~ = Excmption ~ ~ Af ........ ~
~ C~unty, and no% ~ ~tric%, shall ~ ~ ~
Sy~tcm ~ ~ ~ account ~ ~ ~ ~ ~'~-- ~
~ord~ ~ ~re ~dded; ~ords ~ ~re deleted.
~ucti=n
~ ~ ~ Autho=ization
........ ~ .............. on ~ ........ to Scction 3.07.
~ .... ~- which
~z ..... ~ Dc':cl=pmcnt ~
................ a.c= ~ ~ ~cnt~ providcd
A. ~rsuant to th~ ~idelines established in this
Section. the County shall (1) waive or f2) defer, as
applicable, the pa~ent of the Water Svstem Imp~Lct Fee for ~y
new o~er-occuDied or rental Water Impact Development which
~alifies as Affordable Housin~ under ADDendix B O~ this
Ordinance,
(1) Any person ~eekin~ an Affordable Housin~ waiver
or deferral for DroDosed Water System Impac% Deve~opmeDt
shall file with the Countv Manager an ADDlication for
Waiver or Deferral. Dri0r to receivin~ a Bu[ldin~ Pe~it
for the proposed Wa~er System ImpaGt Devel0Dme~t.
~pplication for Waiver or Deferral shall contend
:Qllowing:
fa) The Bame add addvess o~ the owner;
Words underlined are added; words et-~~9~ are deleted.
Cb~ The..leqal description of the Residential
Property upon which the Water System ImDac~
-. · Development shall b~ ~Q~stru~tedL
.... .--~=-'.~--~-¢-¢~'J-The'~income level of th~ Owner or if the
-. · Owner. is a-builder, the income level of the household
.~.,.~--.'to which~-the-Dwe~liD~ UDit will be so~ Or rented;
~-~-"'.: ~": -~'-,-~d%--~-The-D~m~r~..bedrooms in each Dwellinq Uni~
x_. ~=t~e'.-Wate~-SvstemImpact Development.
· '.: ..... ~'.'-(~-)~ I~the DrcDosed'Water'Svstem ImPac~ Development
.... ~meets-'the~'re~uirements for aD Affordable Housino Waiver or
. . Deferral as.set, forth in this.-Seotion, then the County
· :~-~Manaoer;shat{{issue,an Impact Fee'Waiver or Deferral, as
,~.~:~pD}icable..-.t~ the Owner:'o~:'ApD-licant.'-"'The-ImPact Fee
· .~.-'3~.Waiver*'o%~,Deferral?sh~}l be',:pr~s'e~ted in'lieu of' payment of
the Water System Impact'Fee'pursuant to Section 2.02.
.... ~ - To ~ualifv for an Impact Fee waiver or Deferral. an
ownerloccuDie4'Dwellin~ Unit must meet all of the following
_. .... . .'-.'(1~ 'The OwnerCs~ of th~ Dwelling unit must have
.c_. a very' Iow. low. or moderate income level as those
.. ~rms are defined in ApDendiK A and the monthly
.paYment to Purchase the unit must be within the
_. Affordable Housin~ Guidelines established in APPendix
¢2~ The Owner. or if there is more than on-
Owner, one of the Owners. must be a first-time home
buver. To ~ualifv as a first-time home buyer, th~
Owner must Dot have had an ownership iDterest i~ theiF
Primary residence in the past three years.
(~) At ~ea~t seveaty percent of the Owner,s
household income must be from qain~ul emDlovme~t
within collier county.
Words underlined are added; words e~l~--~a~h are deleted.
(4~ The Dwelling Unit must be the homestead
the Owner{si.
..._?~f5L The Dwelling Unit must remain Affordable
Housing for fifteen vears from tb~ ~te a Certificate
~f..Occupan~¥. is_ iss¥gd for the ~welling Unit,
C. T9 .gualifv:for an ~mpact Fee Deferral a Dwelling Unit
o~ere4 for rent mu~ meet.all'of.the following criteria:
.... ur:~.[..~-, The..household renting the Dwelling Unit must
· have ~ very 'low' or low income-level as' defined in'
~!~!d=~_AD~endix)k-a~d the amount of' rent must be within the
l~.~.2_Affo=dable Housing Guidelines established in Appendix
~p~_~..;~h'...~2~' At-least seventy percent of the renting
\~_~,,,_%househol~'s~-income must.be'from gainful employment in
-' ¢3~ The Dwellin~ Unit must be the household's
............ permanent residence,
.... {4~ The Dwelling Unit must remain Affordable
Housin~ for fifteen years from the date a Certificate
of-Occupancv is issued for the Dwelling Unit.
D, All Impact Fees deferred for owner-ogcupigd
Units at the time the Building Permit was issued shall
due and Davable and shall be immediately repaid ~o 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,
E. The Impact Fees deferred for rental Dwellin~ Units at
%he ~ime the Building Permit was issued shall b~gome due and
~hall be immediately repaid to the ¢oupty upon the sale o~ tbe
Dwelling Unit, refinancing of the Dwelling Unit, the
dtscQDtinuance of use of the Dwelling Unit as Affordable
)lousing or fifteen years from the date of issuance of the
~79rtificate of OccuDancv, whichever occurs first=
Nords Mnderlined are added; words struck thrcugh are deleted.
F. Any Impact Fees waived for an owner-oc¢~.~[_~~
~;nit at the time a building per. it was issued shDll Become due
~nd payable and shall be immediately repaid to the County if
~%he Dwelling Unit is not utilized as affordable housing at any
~ime during the fifteen year period after the certificate o~
~)ccupancv is issued for the Dwelling Unit. If the Qwelling
~rnit is used as Affordable H~usinG ~r the ~ull %~ year period.
~he impact fe.s ~re no longer due and the lien on the Dwelling
~nit shall be released.
G. The percentage of the total Impact Fee which shall be
~'aiYed or deferred pursuant to this Section for aB
~,wner-occupied or rental Affordable Housing Dwelling Unit shall
~,e the percentage set forth in App~pdix A, The Imp~ Fee~
Faired or deferred shall be a lien on the proDer~y until all
~'e~uirements under this Section have begn satisfie~.
~. Annually the owner of the Dwelling U~t shall provide
~o the County Manager an affidavit of compliance with the
~riteria set forth in this Section. An affidavit must be filed
~ithin thirty days of the anpiversary date o~ the issuance of a
~ertificate of Occupancy.
I. The Owner receiving an Impact Fee Waiyer or Deferral
§h~ll enter into an Impact Fee Agreement with the County which
~Greement shall provide for. at a minimum, the following and
~hall further include such provisions deemed necessary bY th~
gount~ to effectuate the provisions of this Section]
{1] The legal description of the Dwelling Unit,
(21 Where an Impact Fee Waiver or Deferral iS
giyen to an Owner who will be selling or renting the
Dwelling Unit to a subsequent purchaser or renter, the
Water System Impact Development must be sold or rented
tO households meeting the criteria set (orth in this
Section.
W.~rds underlined are added; words ~truck thra~g~ are deleted.
~3) For owner-occupied Dwellin, Units, the
amount of Impact Fees deferred shall be repaid to the
County ung~ ~be s~le. refinancin, or discontinuance of
use of the Dwelling Unit for Affordable HousinG,
whichever occurs first. For rental units the Impact
Fees de~rr~d sh~ll be repaid upon sale, refinancinG.
the discontinuance of use of the Dwellin~ Unit as
Affordable Housinq or fif.~een years from the issuance
of a Certificate of OtcuDancv. whichever occurs first.
Even thouqh the Impact Fees have been repaid to th~
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 Dwellinq Unit for Affordable Housinq
for fifteen years from the date the Certificate of
Occupancy was issued for the Dwellin~ Unit.
(4) For owner-occupied Dwellinq Units where
I~pact Fees have been waived, the Dwelling Unit mUS%
be utilized for Affordable Housina for a fifteen vear
period after the Certificate of Occupancy is issued
and if the Dwellin~ Unit ceases to be utilized for
that purpose, the Impact Fees shall he repaid to the
~QU~v. Even though the Impact Fees have been repaid
~0 ~he county because the Dwellin. Unit has not heed
~tili~ed for Affordable Housin. the County can require
the Owner to utilize the Dwellin. Unit for Affordable
~ousina.
(~) The deferred and/or waived Impact Fees shall
be a lien on the property which lien ~ay b~ ~oreclosed
upon in the event of non-compliance with th~
re~uiremeDt~ of the Aqreement,
(6} ADnually the owner of the Dwellinq UDit
shall Provide to the County manaqer an affidavit o~
Words underlined are added; words ~truck through are deleted.
~ompliance 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.
f7~ Upo~ satisfactory completion of the
AGreement reGuirements, the county shall record any
necessary documentation evidencing same, includinG,
~ but not limited to, a release of lien.
(8~ Th~ ~Greement shall be binding uoon the
owner's successors and assigns.
f9% The AGre~e~ shall be recorded in the
Official Records of Collier County.
J. The amount of Impact Fee waivers and deferrals Granted
D%~suant to this Section shall be limited, in total, ~Q
a~lount appropriated by the Board of County CommissiQners a~
~leir final public hearing reGardinG the a~QDtion of the ~nnual
~j)untv budget. Impact Fee waivers and deferrals pursuan~ tO
this Section shall begin in the 1993-9~ fiscal v~ar, The
~3~dGeted amount shall be set aside in a trust fund and paid
into the Water System Impact Fee Trust Account no tater
~lat time when that amount is needed for a Drogect ~unded bY
~lgse impact fees waived or deferred. Waivers a~d deferra%s
~%all be issued in the order that completed apDld[cations are
~ceived by the County ManaGer. At least forty Percent o~ the
~%ount ~udGeted for impact fee waivers and/or deferrals must be
~:ilized to fund impact fee waivers and/or deferrals for single
~%milY owner-occupied Dwelling Units serving the very low
~)w incom~ levels and which are constructed by builders
~)nstructinG less than five single ~amily Dwell~Dq Un~ts per
~ar.
K. AnY changes or amendments to ADpend~x A or the minimum
~ndin~ reGuirements adopted in this Section mu~ occur as an
~dinance amendment at a Public bearinq o~ the Board of County
~)mmissioners occurring after 5:00 D,m.
103
Words underlined are added; words ~truck throu~ are deleted.
L, No Affordable Housing Waiver or Deferral shall be
~ranted for an Water System Impact DeveloPment Dro4ect which
Konsists of a Mobile Home.
~, Although this Section is aimed at addressing new Water
l;vstem Impact Development which is characterized as Affordable
]lousing herein, the Board shall have the discretion, and not
~;he obligation, to consider the qrant reGuests for waiver or
~teferral for existinq Dwellin~ Units which are characterized as
~ater Svstem Impact Development. provided such housing
~,~h~rwise meets the reGuirements of this section and the Board
~le%ermines there are funds available to Grant such a reGuest.
~¥ such reuuest shall not be considered bv the Board if not
~lade within 180 daYS of connection of the Dwelling Units to the
~ter System.
SECTION %~O~ Appendix A of Collier County Ordinance No.
~0-86, as amended, shall be amended as follows:
~urpo=cs cf rcoc~vin- -- Affc=dablc ...... ~-- Excmpti=n
~ffordablc ...... ~-- ..cim~ur~cmcn~:
~-~ · Dualling .............. c~.crc ......... or a
total m~nthly ronda, amcun~ n~ ;raatcr ~
¥ ...... a ................ ng~Unit.
~PPENDIX A
AFFORDABLE HOUSING DEFINITIONS. BENEFIT
STANDARDS. AND LIMITATIONS
~he followin~ set forth the applicable definitions and benefit
~tandards for Affordable Housing dwelling units for the DurDose
9f determining eliGibilitY for ImPact Fee waivers and deferrals
lhgrein referred to as "benefits"}.
Words u~erlined are added; words ~truck through are deleted.
~. DEFINITIONS OF AFFORDADLE HOUSING INCOME GROUPS
Very 10w income, families means those families whose
incomes do not exceed 50% of the median income for the
area as de%grmingd by the Secretary of the U.S_~
DePartment of HQusina and Urban Development Carea
median income].
bi Low income families Deans those families whose incomes
are more than 50% and do not exceed 60%.of the area
median income.
Moderate income families means those families whose
incomes are more than ~0% and do not exceed 80% of the
area median incom~,
For a dwellina unit to be determined to be af:ordable, the
monthly rent or monthly mortca~e Davment. includinc proDertv
taxes and insuranG~ sh~ll not be in 9XCg~s O~ SO~ of the
families household income,
I.'(. BENEFIT STANDARDS
Affordable Housin~ owner-occupied dwellina units which
exclusively serve very low income families and which
are the owner's homestead shall have 100% of the
applicable Impact Fee waived pursuant to the terms of
the Impact.Fee Ordinancg,
Affordable Housin~ rental dwellin~ units which
9K~lusivelv serve very low income families shall have
100% of the applicable Impact Fee deferred pursuant to
~he terms of the Impact Fee Ordinance.
Affordable Housin~ owner-occupied dwellin~ units which
exclusively gerve low-income families and which are
~be owner's homestead shall have 50% of the applicable
Impact Fees waived and have 50% of the applicable
Impact Fee deferred pursuant to the terms of the
Impact Fee Ordinance.
Affordable Housina rental dwellin~ u~its which
exclusively serve low income families shall DaV
the applicable Impact Fee. and shall have ~0~ of the
applicable Impact Fee deferred, pursuant to the ~e~ms
of the Impact Fee Ordinancg,
~) Affordable Housin~ owner-occupied dwe~ip~ units which
gKclusivelv serve moderate income ~am~l~e$ add which
are the owner's homestead shall be recuired t6
of the applicable Impact Fee. and shall have 25% of
%be applicable Impact Fee deferred pursuant to the
terms of the Impact Fee Ordinance,
f, Water Impact Construction which meets the criteria set
~orth ~ Subsections B add C Of Section 3.04
Constructed by an A~encv of Collier county or by an
Independent Governmental Agency pursuant to an
interlocal aureement with Collier County and which
~oDstruction .is 100~ government funded shall have 100~
9~ the Impact Fees for that construction waived,
pursuant to the terms of the Impact Fee Ordinance.
-1.3-
Words underlin~d are added; words et-z~ck thr~%~gh are deleted.
I I I
~QTE:- An Amendment to. the ADDendix shall require a DubliG
hearin~ of the Board of County Com~issioners occurring
__ after 5:00 D,m.
SECTIONi T]IREE~.~CO~EFLICT A~D SEVERABILITY
In the. event this Ordinance conflicts with any other
ordi~=e=gf. Collier..CouBty~=%o%her. applicable law,.~ the more
restrtcti~shallLapply. 'I~'-any phrase or portion of this
ordin~c_~s~hgl~in~a~d~dunconstitutional_b~ any =ourt of
competen%7:~ris~i.ction';j, such portion shall be deemed a
.~ep~At.e, _dis~i~nd_~ndeBenden%..prouision=and-.suck holding
~ll_~.a~fe~Rthe~=~alidit~_of._the re~ining~ portion.
SECTION FO~ EFFECTIVE DATE
~.~> .... 5_K'.ih~_" ~k .5.~2~'=:~..'~p' _..
This Ordinance shall become effective ugon rece~gt of
notice from;=~eLS~C~_t~;_o.[[$~at~, tha~.~hi%.Ordinanc~ has been
filed wit~he;~$.ec[e~ar~r3f;~t.at~; ,'t~ '" .... ."1.-~.5 3 ........ . '- :..~..'- ~ .' ..
PASSED ~D D~Y ADOPTED by the Board of County
~.__:.,. i ...__._ '~..._.-.L .... ~..~ ' ' . .............................
,~s~ :..':'" ..... -.._: ..... h_ . ': h ...............
-- ." ~ '.' ".~ .' ....... ~F COLLI~ CO~TY, F~RIDA
· .. ~ . ...<. . . ..',
' ..... '
Approved as~'~o fo~ and
legal sufficiency: ~1~ o~1~ ~1~ w~ ~
~ ock~o~,.~,~I ,~t
fllin~ceiyed thl~y
~:lchard D. h
-14 -
Words underlined are added; words ...... ~" ~_A...,~vugq% are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 92-95
which was adopted by the B6ard of County Commissioners on
the 16th day of December, 1992, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
d~y of-December, 1992.
JAMES C. GILES
Clerk of Courts and Clerk . ' ' ..:. '.
Ex-off~cio to Board of
County Commissioners;,'.,.' '.. ..,~-~..
~ Deputy Clerk .:," , .'.:.~
· '' ' ~'i~l'~ ' '° ,,
/.. .~. ~,."
· .'~.:
107