Ordinance 92-097 3~; 5,... ORDINANCE NO. 92- 9.7 ~
~ ~ o~IN~cE WENDING COLLIER CO~TY ORDIN~CS ,,-~,
'L~"~ AS'WENDED BY O~IN~CE NO. ,~-39 ~D ORDIN~CZ ~.
~ ~q::~', RECR~TIONAL FACILITIES IMPA~ FEE ORDINal;
~ %' ~' PROVIDING FOR MODIFICATION OF PROVISIONS RE~TING TO
~z~ e A~FO~ABLE HOUSING; PROVIDING FOR MODIFICATION TO
~d-. ~PENDIX I; PROVIDING FOR CONFLICT ~D S~E~BILITY;'
~~-~D PROV~D~ ~ E~F~C~VS ~T~.
~ER~S, the Board of County Co~issioners of Collier
County on Dece~er 13, 1988 enacted Collier County ordinance
No. 88-96, establishing a Parks and Recreational Facilities
Impact Fee ordinance; and
~S, the'Board"of County Co~issioners of Collier
C0~n~'"on"May 22, ~99~, enacted Collier County Ordinance No.
91-39, amending Ordinance.No. 88-96; and
~S, the Board of County Co~issioners of Collier
County on May 6, ~992, enacted Collier County Ordinance No.
92-29, amending Ordinance No. 88-96; and
~S, the Board of County co~issioners of Collier
County desires to update the Ordinance in certain respects.
NOW, TH~FORE, BE IT O~AINED BY THE BO~ OF CO~TY
CO~ISSION~S OF CO~I~ CO~TY, F~RIDA, that:
S~XO~ ON~ ~en~ent to Section 4.05 of Collier County
Ordinance No. 88-96, as amended
Section 4.05 is hereby amended to read as follows:
Section 4.05 Affordable Housing
dircc~ grcnt ~ ouhsidy from ~ Unitcd Ctctcs, ~
~ ~ 'J.b~., ~ ~ from any ~ircc~ grant
...... = ~.~ .... ~ ~ "~- ~ County cr~ ~ assist ~ ~
Words uqderlined are added; words utruck through are deleted.
Application ~ ~ ~ ~ raccivin~ a Buildin~
Pr~pcrty upon ~ tka Park~ ~ Rccrcaticnal
iii ~ ~..~ .
~ Facilitic: ~
.......... ~a~c ~ ~,,c prcpo~c~
..... c o~crc~ for rcnt; and
~:cilitic~ C:n~truction ~ thc
.~r~ ~ ~ .... ~ ~ ~ ~ ~ any
-~- ~oo~ 05'9 ~,~[ 126
Words underlined are added; words:~ruc,.~ through are deleted.
'~ill ~e ~ ~ ~ fo= a~ ame~ 'which g~.li.'ia=
~acilitics ~ Construction. Thc Application
~ Facilitic= ~o% Construction 'will
Recreational Facilitic= ................ ~ ....
c~nt:in.
'~- C=unty ~ .... ~ ~ ..... ~ Authcrization
~ ~ ~ Applicant ~-- ~ ........ ~ n--~-
Auth=risation fo= ~~ ~.. pay ~ ~
~ords underlined are added; words~ruc,.~ ~ thr=ugh are deleted.
cbtain a ~ ~ .... ~- and
~ uhall ~ ~ ~ 'waiver ~
.....---- - ~- Appli
...........~'-~:-- ~ ~cc ~ prc~cnting ~ ~ County
~ Auth=ri:ati=n f=r ~ ~
~ -a~ ~ calcnda~ yea=, ~ ~ th&% portion
..... ~'- shall reimburse ~ ~ Applic~ ~ amoun%
onc-ocvcnth (i/7} ~ thc Regional Park ~
Words underlined are added; words ~truck thr~u~ are deleted.
~-~4~v.-..~,r,y. year . e~ th= failure %e
.... ' . ~ha~_tho. t-ot~l ~ fontal rcoeivcd
~-~~ ~rG=:.- ~...- ~ .Pa=k=.~. and
~-~Bnoilltic: ~ Fcc: oollcctcd ~
:vail=bla ~ ~ Applicant ~ mtatcd ~ ~ Application
~~ ~ ~ ~ ~ Houmlng Excmpti=n
~ ~crcational Faciliticu Imp~c% Conotruction ~
~:id ~ ~ ~ ~ rc~trictcd ~ ~ amount .~-
e'~ oontaincd ~ Appcndix ~ and that the rcstrlction
e~tinuc ~ e period ~ ~vcn ycars ~ thc ~
~ilding ~ ouch rcstricticns must ~ ~ntaincd within
..... Faciliticn
~:nstruction, ~ ~ thc provisions ~ ~ contrac~
~:~ ~ctwccn ~--,c~..~z~ .... ~,,~ ~ ~.,e Applicant ~ ~e~,.
Words underlined are added; words ~truak through are deleted.
oe ~ for R~ ~ll ~ 'which
~cnan~ ~ ~ condition ~ residing
~~ ~:u:ing ~ ~..~ C~unty -~,,~.. pay .n~ ~
A. Pursuant to the ~idelines established in this
~ec~ion. the Countv shall (1% waive or f2~ defer, as
~DDlicable. the Da~ent of the Parks and Recreational
~acilities Impact Fee for any new owner-occupied or rental
~arks and Recreational Facilities Impact Co2$truction which
~ualifies as.Affordable Housin~ under ADDendix I Of this
9rdinance.
(1) Any person seekin~ an Affordable Housi~ waiver
or deferral for DrODOsed Parks and Recreational Facilities
Impact Construction shall file with the County Manaq~r a2
~pDlication for Waiver or Deferral, prior t0 receivi~q
Duildin~ Pe~it for the proposed Parks a~d Recreational
Words underline~ are added; words =truck thr~ are deleted.
Facilities Impact Construction. The APPlication for Waiver
or Deferral shall contain the followinG:
iai The name and address of the Owner:
(bi The legal description of the Residential
Property upon which the Parks and Recreational
Facilities Impact Construction shall be constructed:
Cci The income level of the Owner or if the
Owner is a builder, the income level of the household
to which th~ Dwellinq U~it will be sg~ or rented:
(dl The number of bedrooms in each Dwelling Unit
of the Parks and Recreational Facilities Impact
Construction.
(2~ If the proposed Parks and Recre~tional 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 0wqer o~
APPlicant. The Impact Fee Waiver or Deferral shall be
presented in lieu of payment of the Parks add B~Greational
Facilities Impact Fee pursuant to Section 2.05,
B. To ~ualifv for an Impact Fee Waiver or Deferral. an
~wnor-o¢cupied DwollinG Unit Nust meet all of the following
griteria:
(ii The Ownerfs) of the Dwelling Unit must have
a very low. low. or moderate income level as those
terms are defined in Appendix I and the monthly
payment to purchase the uni~ ~ust be within the
Affordable Housing Guidelines established in ApPendix
¢21 The Owner. or if there is more thaB on-
Qwner, one of the Owners. must be a first-time home
buyer, To Gualifv as a f~rst-time home buyer, the
Owner_must ~ot have had ap ownership interest in their
primary residence in the past three years,
05'9 t 131
Words ~Dderlined are added; words ~truck tkr~u~h are deleted.
{3~ At least seventy percent of the Owner's
household income must be from gainful employment
within Collier County.
1.{~ The Dwelling Unit must be the homestead of
the Owner{si.
.{~% The Dwelling Unit must remain Affordable
Housing for fifteen Years from the date a Certificate
of Occupancy is issued for the Dwelling Unit.
~. To _~ualif¥ for an Impact Fee Deferral a Dwelling Unit
Qffere~ for rent must meet all of the following criteria:
.(1% The household renting the Dwelling Unit must
have a very 19W 9r low income level as defined in
Appendix I and the amount of rent must be within the
Affordable Housing guidelines established in Appendix
f2) At least seventv percent of the renting
household's iP~pme ~U$% be from gainful employment in
Collier County.
¢3) The Dwelling Unit must be the household's
pe~-manent residepc~,
..(4) The Dwelling Unit must remain Affordable
~9using for fifteen years from the date a Certificate
Of OGcupancv is issued for the Dwelling Unit,
D, All Impact Fees deferred for owner-occupied Dwelling
~n~%$ at the time the Building Permit was issued shall become
~ge and payable and shall be immediately repaid to the County
Upo~ 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 Dwelling un~ at
the time the Building Permit was issued shall become due an~
shall be immediately repaid to the County upon the sale Q~ the
Dwelling Unit, refinancing of the Dwelling Unit, the
~iscontinuance of use of the Dwelling Unit as Affordable
-.- 059 , 132
Words underlined are added; words ~t~uck through are deleted.
~ousinq or fifteen Years from the date of issuance of the
Certificate of OCCUDanc¥. whichever occurs first.
F. AnY Imp~t Fees waived for an owner-occupied Dwellinq
Unit at the time a building permit was issued shall become due
and PaYable and shall be i~u~ediatelv repaid to the County if
the Dwellin~ Unit is not utilized as affordable housin~ at an~
time durin~ the fifteen vear period after the Certificate of
Q~uDanc¥ is issued for the Dwelling Unit. If the Dwellinq
Unit is used as Affordable Housing for the ~ll 15 year period.
the impact fees are no longer due and the lien on the Dwellinq
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 Housin~ Dwelll~q Unit shall
b9 the Percentage set forth in APPendix I. The Impact Fees
w~ived or deferred shall be a lien on the prQDer~¥ until all
r~/irements under this Section have been satisfied.
~. Annually the owner of the Dwellin~ Unit shall Drovide
tO the CoqDtv ManaGer an affidavit of compliance w.%th the
criteria set forth in this Section. An affidavit must be filed
within thirty days of the anniversary date of the issuance of a
Certi~icate of OccuDancv.
I. The Owner receivin~ an Impact Fee Waiver or Deferral
shall enter into an Impact Fee AGreement with the County which
Aqreement shall Provide for. at a minimum, the follow~Dq
~hall further include such Drovi~ions deemed necessary b~ the
County to effectuate the provisions of this Section~
{1~ The legal description of the Dwellin~ Unit,
(2) Where an Impact Fee waiver or Deferral is
~iven to an Owner who will be sellinq or rentinq the
Dwellinq Unit to a subsequent purchaser or re~ter, the
Parks a~d Recreational Facilities Impact construct%~
must be sold or rented to households me~%~D~
criteria set forth iD thi~ $gctioD.
Words underlined are added; words ~ are deleted.
¢3) For 9wner-9~uoie4 Dwellin~ Units. the
amount of Impact Fees deferre~ shall be repaid to the
County upon the sale. refinancin~ or discontinuance of
use of the Dwellin, Unit for Affordable Housinq0
whichever occurs first. For rental units the Impact
~ees 4eferre~ shall be repaid uDon sale. refinancinq.
the discontinuance of use of the Dwellinq Unit as
Affordable Housing or fifteen vg_~rs from the issuance
~f a Certificate of Occupancy. which~ye~ ~curs first.
Even though the Impact Fees have beeD repaid to the
County because the Owner sells, refinances or
discontinues the use of the Dwelling Unit for
Affordable Housing. the County can r~q~ire the Owner
to utilize the Dwellinq Unit for Affordable Housin,
for fifteen years from the date the C~rtificate of
Occupancy was issued for the Dwellin, Unit.
.(~ For owneN-0ccu~ied Dwellin, Units where
Impact Fees have been waived, the Dwellin~ Uni~
be utilized for Affordable Housin, for a fifteen year
Period after the Certificate of Occupancy is issue~
and if the Dwellin, Unit ceases to be utilized fo~
that DurDose. the Impact Fees shall be reDai~ to the
County. Even though the Impact Fees have been repaid
to the County because the Dwellin~ Unit has nQt
utilized for Affordable Housin~ the County can re.uire
the Owner to utilize the Dwellin~ Unit for Affordabl9
Housing.
~5~ The deferred and/or waived Impact Fees shall
be a lien on the property which lien may be foreclosed
uDon in the event of non-compliance with the
requirem~Dt~ of the Aqreement.
{6) Annually the owner of the Dwellinq Un~i
shall provide to the County manager an aff~dav~ Of
compliance with the criteria set forth in this
Words underlined are added; words otruck through are deleted.
Section. An affidavit must be filed within thirty
days of the anniversary date of the issuance of a
Certificate of OccupancY,
f7) UPOn satisfactorv completion of the
Aareement rea~irements, th~ County shall record any
necessary documentation evidencinu same. includinG,
but not limited to. a release of lien,
~8~ The Aqree~nt shall Be bindi~q upon the
Owner's s~9$$ors and assiq~s,
{9} The AGreemeDt shall b9 recorded iD the
official Records of Collier County,
J. The amount of Impact Fee waivers and deferrals qranted
pursuant to this Section shall be limited, in total. %9 the
amount appropriated by the Board of County Commissioners at
their final Public hearing reGardinG the adoption of the annual
County budget. Impact Fee waivers and deferrals pursuant to
this Section shall begin in the 1993-94 fiscal vear. 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 neede4
a Dro4ect funded bY those impact ~ees waived or deferred,
Waivers and deferrals shall be issued in the order that
comD19ted applications are received by the Countv Manager.
least forty percent of the amount budgeted for impact
waivers and/or deferrals must be utilized to fund impact
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 ~onstructing less than
single family Dwellin~ Units Der vear.
K. AnY chan~es or amendments to ADDendix I or the minimum
funding recuirements adopted ~n this Sectio~ must occur as
ordinaB~ amendment at a public hearinq of the Board of county
Commissio~ers occurrin~ after 5:00 p.m.
059 135
Words underlined are added; words ~truck t~rcu~ are deleted.
~.. No Affordable Housina waiver or Deferral shall be
granted for an Parks and Recreational Facilities Impact
Construction pro4ect which ~Qnsists of a Mobile Home.
SECTION ~O: ;tmendment to Appendix I of Collier County
Ordinance 88-96, as amended
Appendix I is hereby amended to read as follows:
$3~,000 for uric bedroom DL'clling Unit.
$~O~O00 ' a .cur ......
$310 for a phc bcdroom D%'clling Unit.
APPENDIX I
AFFORDABLE HOUSING DEFINITIONS. BENEFIT
STANDARDS. AND LIMITATIONS
The followin~ set forth the applicable definitions and benefit
standards for Affordable Housina dwellin~ units for the purpose
of deterT~inin~ eligibility for Impact Fee waivers and deferrals
(herein referred to as "benefits").
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
Verv low income families means those families whose
incomes do not exceed 50% of the median income for the
area as determined by the Secretary of the U.S.
Department of Housin~ and Urban Development (area
median income1.
b) Low income families means those families whose incomes
are more than 50% and do not exceed 60% of the ar~
median income.
c) Moderate income families mea~$ those ~am~es whose
incomes are more than 60% and do not exceed 80% of the
area median income.
FQr ~ dwellinc unit to be determined to be affordable, the
monthlv rent or monthly mortgage payment, including property
%axes and insurance shall not be in excess of 30% of the
~amilies household income.
136
Words underlined are added; words ctruck thrcu~h are deleted.
II BENEFIT STANDARDS
Affordable Housinq Qwn~r-occupied dwelling units which
exclusively serve very low income families and which
are the owner's homestg~ shall have 100% of the
applicable Imoact Fee w~iyed pursuant to the terms of
the Impact Fee Ordinan~,
Affordable Housing rental dwelling units which
e×clusivelv serve very low income families shall have
100% of the applica~%~ Immact Fee deferred pursuant to
the terms of the Imp~gt Fee Ordinance.
Affordable Housing owner-occupied dwelling units which
exclusively serve lowrincome families and which are
the owner's homestead shall have 50% of the ~pplicabl_~
Impact Fees waived add have 50% of the aRplicable
Impact Fee deferred pursuant tQ the terms Qf th~
Impact Fee Ordinance.
Affordable Housing rental dwelling units which
exclusively serve low income families shall pay 50% of
the applicable Impact Fee. and shall have 50% of the
applicable Impact Fee deferred, pursuant to the terms
of the Impact Fee Ordinance,
e~ Affordable Housing owner-occupied dwelling units which
exclusively serve moderate income families and which .
are the owner's homestead shall be required to Day 7~
of the applicable Impact Fee. and shall have 25% of
the applicable Impact Fee deferred pursuant to the
terms of the Impact Fee Ordinance,
f. Parks and Recreational Facilities Impact Construction
which meets the criteria set forth in Subsections B
and C of Section 4.Q5 gQnstructed by aD Aqe~c¥ of
Collier County or bv an Independent ~overnmental
A~encv pursuant to an interlocal agreement with
Collier County and which construction is
Government funded shall have ~00% of the Impact Fees
for that construction waived, pursuant to the terms of
the Impact Fee Ordi~aDc~,
NOTE: An Amendment to the Appe~di~ shall reGuire a Dubli~
hearing of the Board o~ county commissioners occurriD~
after 5:00 P.m.
SZCTION T]tRE~ Conflict and Severability
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
059
-13-
Words underlined are added; words ~truck through are deleted.
shall not affect the validity of the remaining portions
thereof.
SECTION FOURs Effective Date
This Ordinance shall become effective upon receipt of
acknowledgment from the Secretary of State that this Ordinance
has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners. of Collier County, Florida, this /~ day of
;~TTEST: ,.']'.?~. BOARD OF COUNTY COMMISSIONERS
.r,.~.AMES C. GII~E~ Clerk COLLIER CO~TY, FLORIDA
App~ove{a as to for~ and
legal ~ufftctmflcy:
R~chard D. Yo~anovich
Assistant County Attorney
-14-
Words underlined are added; words ~ u
o~ruc,, t.~.r~ug4% 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. 92-97
which was adopted by the Board 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
day of December, 1992.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
eputy Cler