Ordinance 92-098~ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-71,
AS AMENDED BY ORDINANCE 92-30, RELATING TO THE
COLLIER COUNTY EMERGENCY MEDICAL SERVICES SYSTEM
IMPACT FEE ORDINANCE; PROVIDING FOR MODIFICATION OF
PROVISIONS RELATING TO USE OF MONIES; PROVIDING FOR
MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE
HOUSING; PROVIDING FOR MODIFICATION TO APPENDIX A;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County on August 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. 91-71;
WHEREAS, the Board of County Commissioners of Collier
County desires to further amend the Ordinance in certain
respects.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE~ Amendment to Section 2.03 of Collier County
Ordinance No. 91-71, as a~ended
Section 2.03 of Collier County Ordinance No. 91-71 is
hereby amended as follows:
Section 2.03. Use of Monies
a. The Board hereby establishes a separate trust account
for the Emergency Medical Services System Impact Fees, to be
designated as the "Emergency Medical Services System Impact Fee
Trust Account" which shall be maintained separate and apart
from all other accounts of the County. Ail such Emergency
Medical Services System Impact Fees shall be deposited into
such trust account immediately upon receipt.
b. The monies deposited into the Emergency Medical
Services System Impact Fee trust account shall be used solely
for the purpose of providing growth necessitated construction
059 140
-1-
Words underlined are added; words ~truck through are deleted.
improvements and additions to the Emergency Medical Services
System including, but not limited to:
(1) Design or construction plan preparation;
(2) Permitting and fees;
(3) Land acquisition including any costs of
acquisition or condemnation;
(4) Construction and design of Emergency Medical
Services buildings, facilities or improvements and
additions thereto;
(5) Design and construction of drainage facilities
required by the construction of Emergency Medical Services
buildings, facilities or improvements and additions
thereto;
(6) Relocating utilities required by the con-
struction of Emergency Medical Services buildings,
facilities or improvements and additions thereto;
(7) Landscaping, incident to or necessitated by the
expansion of the Emergency Medical Services System
buildings, facilities or improvements and additions
thereto;
(8) Construction management or inspection;
(9) surveying, soils and material testing;
(10) Acquisition of apparatus or equipment necessary
to expand the Emergency Medical Services System;
(11} Repayment of monies transferred or borrowed from
any budgetary fund of the County, including monies
borrowed subsequent to the adoption of this Ordinance
which were used to fund construction, acquisition of
improvements and additions to the Emergency Medical
Services System as herein provided;
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Emergency Medical
05§ 141
Words underlined are added; words struck ~hr~ugh are deleted.
Services System; and
(13) Reimbursement of Emergency Medical Services
System Impact Fees due an Applicant pursuant to Section
3.06.
(14) To the extent provided bY law, reimbursement of
costs incurred in the preparation of the Impact Fee Study
adopted pursuant to Section 1.04 and any amendments or
supplements adopted pursuant to Section 3.09 and any other
administrative costs incurred by the County.
c. Funds on deposit in the Emergency Medical Services
System Impact Fee trust account shall not be used for any
expenditure that would be classified as a maintenance or repair
expense.
d. The monies deposited into the Emergency Medical
Services System Impact Fee trust account shall be used solely
to provide improvements and additions to the Emergency Medical
Services System required by growth generated by Emergency
Medical Services Impact Construction as identified in the
Impact Fee Study.
e. Any funds on deposit which are not immediately
necessary for expenditure shall be invested by the County. Ail
income derived from such investments shall be deposited in the
Emergency Medical Services System Impact Fee trust account and
used as provided herein.
f. The Emergency Medical Services System Impact Fee
collected pursuant to this Ordinance shall be returned to the
then current owner of the property on behalf of which such fee
was paid if such fees have not been expended or encumbered
prior to the end of the fiscal year immediately following the
sixth anniversary of the date upon which such fee was paid.
Refunds due under these circumstances shall be made only in
accordance with the following procedure:
(1) The then current Owner shall petition the Board
for the refund prior to the end of the fiscal year
-3- 05'9 142
Words underlined are added; words =truck through are deleted.
immediately following the sixth anniversary of the date of
the payment of the Emergency Medical Services System
Impact Fee.
(2) The petition for refund shall be submitted to
the County Manager, on a form approved by the County
Manager, and shall contain:
(a) A sworn statement that the petitioner is
the then current Owner of the property on behalf of
which the Impact Fee was paid;
(b) A copy of the dated receipt issued for
payment of such fee or such other record as would
indicate payment of such fee;
(c) A certified copy of the latest recorded
deed or other instruments evidencing title; a
representation that the most recent recorded deed or
other instruments reflect the exact names of all
current legal owners; a representation that the
petitioner will notify the County of any change in
the status of legal ownership which occurs prior to
the issuance of any refund from the County;
(d) A copy of the most recent ad valorem tax
bill.
(3) Within ninety (90) days from the date of receipt
of a petition for refund, the County Manager will advise
the petitioner and the Board of the status of the Impact
Fee requested for refund, and if such Impact Fee has not
been expended or encumbered within the applicable time
period, then it shall be returned to the petitioner. For
the purposes of this Section, fees collected shall be
deemed to be spent or encumbered on the basis of the first
fee in shall be the first fee out.
g. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
,00 050 A 14
Words underlined are added; words ~truch thrcu~ are deleted.
County shall be entitled to retain and apply the impact fees
for growth necessitated capital improvements and additions to
the Emergency Medical Services System.
SECTION TWO= Amendment to Section 3.05 of Collier County
ordinance No. 91-71, al amended
Section 3.05 is hereby amended to read as follows:
Section 3.05. Affordable Housing
~ Medical~ .... ~ 6yotcm =~,.~.~ ..... Fca e~y new, Emcrgoncy
Me~ Scrvicco ~=yet-em Impact Conotruction 'which qualificu ee
contain thc follc'~ing:
...... ·, .......... ~ ~,,z %e~me~ ~cotriction~
~..c ~ cuboidy t
approval for ~ .......... ~-~ ....
'~ ............ e~ t-he
Words ~tnderlined are added; words ~
.--.rucA through are deleted,
~meTge~ey Medical Scr':ioco ~ ~ Construction
............. ~v~ r~n~- and
~ ~cdi=~l ~crvicc= ~ ~ Fcc for ~.,= ~
~ =hall file '~ith %ho ~ ~ ~
'-' ~ ~ sc!ling price ~ '~- Emcrganoy
Words underlined are added; words orr'ack through are deleted.
Thc ~ e4~ ~
Ccn=tructicn.
ppl i
Conotruction ~
~ =hall
Ordinance.
~ical ~arvicas
Words underlined are added; words='.ruc~u ~u~,,~v.~,.~ are deleted.
~ 'will ~e e~-f~=e4 ~ rent, thc Applicant may
~ (1/7) ~ ~ ~ ~ Scrvicc;
(5] .... ~ annual ~ may ~ rcccivcd
~ c;.aD.is.,c~ shall 'Jaivc ~ 'pp~--n~,s
(7) Thc ~ ~ thc ~mcrgcncy Mcdi=at
Authcrlnatlcn ~ ~ and prcpe~
~ indicating thc salcs price ~ ~ total
~ ~ -crviccs ....... ~ Fcc=
(]59 147
Words underlined are added; words ~ are deleted.
=~n~ Application
for ~ '-~ ...... ..~ ~ ~..~ .... ~-~,
~ y=ar: ~ ~ ~ ........ ~ ~ Building
............ - provisions ~ ~ .....
~ Mcdical Servicco gy=tcn ~ ~cns.ruc~ion pro]cct~
.... ~ ...... ~-- ~ -~- Affordable
~ ~ ~cnz~ruc~ion prcJcc~ which =- -
purpc:= ~ ~ eligibility for ~ Impact ~ ~
Authorlzaticn for ~ all ~ which
required ~ ~ ~ ~ e tenant ~ e ccnditicn ~ residing
.......... ~-- pr=Jest "~-~ ~ ~ ~ Fcc Exc=ption
~ioh wa: cxcm-~c~ ~ ~.-- rcinburccd.
.o, 148
--9~
Words underlined are added; words otrusk throug~ are deleted,
m, Pursuant to the ~idelines established in thi~
Section,. the County shall fl~ waive or (2) defer, as
applicable, the Da~ent of the ~er~encv Medical Services
System Impact Fee for any new o~er-occumied or rental
~er~encv Medical Services System Impact Construction which
~ualifies as Affordable Hou~in~ under Appendix A of this
Ordinance,
(1) Any person seekin~ an Affordable Housin~ waiver
or deferral for DroDosed ~er~encv Medical Services Svste~
Impact Construction shall file with the County Manager an
Application for Waiver or Deferral. prior to receivin~ a
Buildin~ Pe~it for the Dropq~e~ ~er~encv Medical Service~
System Impact Construction. The Application for Waiver or
Deferral shall contain the following:
fa] The name and address of the Owner:
ih) The legal description of the Residential
Property UDon which the ~er~encv Medical Service~
System Impact Construction shall be construct~:
(cT The income level of the O~er or i~ tho
Owner is a builder, the income level of the household
to which the Dwellin~ Unit will be sold or rented;
(d% The number of bedrooms in each Dwellin~ Unit
of the ~er~encv Medical Services System ImPact
Construction.
f2) If the proposed ~er~encv Medical Services Svste~
Immact Construction meets the requirements for a~
,00 059 14 9
Words underlin~ are added; words ~ are deleted.
Affordable Housin~ waiver or Deferral as set forth in this
Section. then the County Manaaer shall issue an Impact Fee
Waiver or Deferral. as applicable, to the Owner or
ADDlicant. The Impact Fee Waiver or Deferral shall be
presented in lieu of payment of the Emeraencv Medical
Services System Impact Fee pursuant to Section 2.0~,
b. To aualifv for an Impact Fee Waiver or Deferral. an
~wner-o~uDie~ Dwelling Unit must meet all.of the followin~
criteria:
~1) The Owner(si of the Dwellinu Unit must have
a very low. low. or moderate income level as thos-
terms are defined in ADDendix A and the monthlv
payment to purchase the unit must be within the
Affordable Housin~ Guidelines established in ADmendix
¢2~ The Owner. or if there is more than one
Owner. one of the Owners. must be a first-time hom-
buyer. To ~ualifv as a first-time home buyer, the
Owner must not have had an ownership interest l~ their
primary residence in the Dast three Years.
~3) At least seventy percent of the Owner's
household income must be from ~ainful employment
within Collier County,
¢4~ The Dwellin~ Unit must be the homestead of
the Owner(s),
¢5) The Dwelling Unit must remain Affordabl9
Housina for fifteen years from the date a Certific~t.
of Occupancy is issued for the Dwellin~ Uni~,
~. To (n~alifv for an Impact Fee Deferral a Dwellin~ Unit
offere4 for rent must meet all of the followin~ criter~a~
¢1) The household rentin~ the Dwelling Unit must
h~ve a very low or low ~ncome leve% as defined in
APPendix A and the amount O~ rent must be within the
,oo 059
Words ~/nderlined are added; words ~ are deleted.
Affordable Housing Guidelines established in ADOendix
f2~ At least seventy percent of the renting
household's income must be from Gainful employment in
Collier County.
(3) The Dwelling Unit must be the household's
permanent residence.
(4) The Dwelling Unit must remain Affordable
Housing for fifteen years from the date a Certificate
of Occupancy is issued for the Dwel~q Unit.
4. All Impact Fees deferred for owner-o~uDied DWellinG
Units at the time the Buildinq Permit was issued shall bgcome
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 Housinq. whichever occurs first.
e. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued ~h~l
shall 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
'Housin~ or fifteen years from the date of issuance of the
Certificate of Occupancy. whichever occur~ 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 housin~ at any
time during the fifteen vear period after the Certificate
Occupancy is issued for the Dwelling Unit, If the Dwelling
UBit i~ used as Affordable Housing for the full 15 vear period.
the imDa~t fees are no longer due and the lien on the Dwellin~
Unit shall be released.
~. The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an
Words underlined are added; words :tru~k through are deleted.
be the percentaQs set forth In APPendiX A. The ImPact Fees
waived or deferred shall be a lien on the property until all
recruirements under this Section have been satisfied.
h. Annually the owner of the Dwelling Unit shall Provi0e
to the County ManaGer an affidavit of compliance with ~h~
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..
f. The Owner receiving an Impact Fee Waiver or Deferral
shall enter into an Impact Fee AGreement with the County which
Aureement shall Provide for, at a minimum, the following and
shall further include such provisions deemed necessary 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 ~
~iven to an Owner who will be selling or rentin~ th-
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.
f3) For ownsr-ocoupitd Dwsllin~ Units, th-
amount of Impact Fees deferred shall be repaid to the
County upon the sale, refinancin~ or discontinuance of
use of the Dwelling Unit for Affordable Housinq,
whichever occurs first. For rental units the Impa~t
Fees dsferred 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 thouQh the Impact Fees have been repaid to the
County because the Owner sells, ref~papces o¥
discontinues the use of the Dwelling Unit foF
Affordable HousinG. the Countv can reGuire the owner
,oo 059 , :152
Words underlined are added; words ~ are deleted.
to utilize the Dwelling Unit for Affordable Housing
for fifteen years from the ~ate the Certificate of
Occupancy was issued for the Dwellina Unit.
¢4~ For own®r-occupi®d Dwelling Units where
ImDact Fees h~¥~ 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 DUrDOSe. 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 AffQrdable Housina the County can re,uire
the Owner to utilize the Dwelling Unit for Affordable
HousinG.
¢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 Uni%
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 issu~pqe of a
Certificate of Ocgupancy,
~7~ UPon satisfactory completion of the
Aar~msnt ~u~smsnts. th~ Oount~ shall rscord any
necessary documentation evidencing same. includin~
but not limited to. a release of li~,
(8~ The A~reement shal~ be bidding upon the
Qwner's successors and assigns,
¢9) The AGreement shall be recorded in th-
Q~ficial Records of Collier County.
J. The amount of Impact Fee waivers and deferrals ~ranted
pursuant to this Section shall be limited, in tQtal, to the
-14-
Words underlined are added; words ~truck through are deleted.
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 year. The
budgeted amount shall be set aside in a trust fund and paid
into the Emergency Medical Services System Impact Fee Trust
Account no later than that 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 bv 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-occupipd
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. Anv changes or amendments to APDendix A or the minimum
funding re~uirements adopted in this Section must occur as aq
ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 P,m,
1. No Affordable Housing Waiver or Deferral shall
granted for an Emergency Medical Services System Impact
Construction project which consists of a Mobile ~om~,
SECTION THREEs Amendment to Appendix A of Collier County
Ordinance No. 91-71, as amended
Appendix A is hereby amended to read as follows:
m~_ f=ll=~Ing -~-~ qualify a=
~T ' D~clling ..... a
~ ¥~, .......... - .... D~clling Unit
~ ~c-rocm O~clling Unit.
, .... or a ............. D~clling
, .... cra D~alllng Unit.
Words underlined are added; words
u~ruc., through are deleted.
~cr n ~ bcdr=~m D~clllng "-'~
~ 6~20~r~ & four ~ ~ .... ~':-~
AFFORDABLE HOUSING D~FINITIONS. BENEFIT
STANDARDS. AND LIMITATIONS
The followin~ set forth the applicable definitions and benefit
standards for Affordable Housino dwellin~ units for the PurPose
of determinin~ eli~ibilitv for Impact Fee waivers and deferrals
(herein referred to as "benefits"~.
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
very low income families means those families whose
incomes do not exceed 50% of the median income for the
~rea a~ determined by the Secretary of the U.S.
Department of Housin~ and Urban Development (area
median income).
b% Low income families means 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 60% and do not exceed 80% of the
area median income.
For a dwellin~ unit to be determined to be affordable, the
monthly rent or monthly mortgage payment, includin~ property
taxes and insurance shall not be in excess of 30% of the
families household income.
II BENEFIT STanDARDS
Affordable Housin~ owner-occupied dwellin~ units which
exclusively serve very low income families and which
are the owner's homestead shall have 10Q% O~
aDmlicable Impact Fee waived Dursuan~ ~O the terms of
the Impact Fee Ordinance.
Affordable Mousin~ rental dwellin~ units which
exclusivelY.serve very low income families shall have
100% of the applicable Impact Fee deferred DursuaD~
the terms of the Impact Fee Ordinance.
Affordable Housin~ owner-occupied dwellin~ units wh~b
exclusively serve low-income families and which
the owner's homestead shall have 50% of the applicable
Impact Fees waived ~Dd have 50% of the
Impact Fee deferred pursuant to the terms of the
ImD~t Fee Ordinance.
d) Affordable Housin~ rental dwellin~ units which
exclusively serve low income families shall DaY 50~ of
the applicable Impact Fee. and shall have 50%
applicable Impact Fee deferred, pursuant tO the t~rms
Q~ the Impact Fee Ordinance.
Affordable Housin~ owner-occupied dwelli~ units which
exclusively serve moderate income families and which
are the owner's homestead shall be required to DaY 75%
Qf the applicable Impact Fee. and shall have 25% of
the applicable Impact Fee deferred pursuant to the
terms of the Impact Fee Ordinance,
05§ , :155
Words underlined are added; words ~truck t.hrcu~h are deleted.
f. Emerosncv Medical Services System Impact Construction
which meets the criteria set forth in Subsections b
and c of Section 3.05 constructed by an AGencY of
Collier County or by an Independent Governmental
AGencY pursuant to an interlocal a~reement with
Collier County and which construction is 100%
government funded shall have 100% of the Impact Fees
for that construction waived, pursuant tO the terms of
the Impact Fee Ordinance.
NOTE: An Amendment to the ADDendi× shall reGuire a public
hearing of the Board of County Commissioners occurring
after 5:00 D.m.
SECTION FOURz 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
shall not affect the validity of the remaining portions
thereof.
SECTION FIFEs 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
~~°f C°llier C°unty' Fl°rida' this //~ day °f.
, 1992.
'ATTEST: .~ BOARD OF COUNTY COMMISSIONERS
~P~roved as ,t~ form and Chairman~ ~j
Richard D. Y~vanovich
_S~cret, qry of ~gte's Qffi.~glh~
Assistant County Attorney a.n? ocknow!edge.m_ent_o[, that
Words underlined are added; words atruck thraugh are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County~ Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 92-98
which was adopted by the Board of County Commissioners on
the 16th day of December, 1992, durtng Special Session.
WITNESS my hand and the official seal of the Board of
Coun%y Commiss~oners 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 ~" . ..
Deputy Clerk ' ! ~'.
Th1~ ordlnonce f;led wHh the
~reta~ of State's Office
~ day of
and ~wfedgement of that
filing r~elv~ ~ls ~.doy
of