Ordinance 92-099?&. ~ .e.~%~ ORDINANCE AMENDING COLLIER COUNTY ORDINANC~ N~"'
"~ .~b~2-22, AS AMENDED BY ORDINANCE NO. 92-57, RELATtRG TO:-.~
x~_~ OZ_.6~' THE COLLIER CO~TY ROAD I~ACT FEE O~I~CE;
PROVIDING FOR MODIFICATION OF PROVISIONS RE~T~G TOr~
USE OF MONIES; ~ENDING SE~ION 3.01, EX~PTIONS, TO
INCLUDE CO~TYWIDE CLINICAL ~D DIAGNOSTIC PATIENT
C~E FACILITIES ~ICH ~E CATEGORIZED AS SE~ION
501(C) (3) C~ITABLE ORG~IZATIONS; PROVIDING FOR
MODIFICATION OF PROVISIONS RE~TING TO AFFORDABLE
HOUSING; PROVIDING FOR MODIFICATION TO APPENDIX C;
PROVIDING FOR CONFLI~ ~D S~E~BILITY; ~D
PROVIDING ~t EFFECTIVE DATE.
~ER~S, the Board of County Co~issioners of Collier
County on April 16, 1992, enacted Collier County Ordinance No.
92-22, establishing a Road Impact Fee Ordinance; and
~S, the Board of County Co~issioners of Collier
County on Au~st 11, 1992, enacted Collier County Ordinance No.
92-57, amending Ordinance No. 92-22; and
~S, the Board of County Co~issioners of Collier
County desires to further amend the Ordinance in certain
respects.
NOW, ~EFO~, BE IT O~AINED BY ~E BO~ OF CO~TY
CO~ISSIONERS OF COLLI~ CO~TY, F~RIDA, that:
SECTION O~ ~mn~nt to Section 2.04 of Collier cowry
Ordinanom No. 92-22, as ~ended
Section 2.04 is hereby amended to read as follows:
Section 2.04. Use of Monies
A. The Board of County Co~issioners hereby establishes
eight (8) separate trust accounts for the Road Impact Fees, to
be designated as the "District Number i Road Impact Fee Trust
Account," "District Number 2 Road Impact Fee Trust Account,"
"District Number 3 Road Impact Fee Trust Account," "District
Number 4 Road Impact Fee Trust Account," "District Number 5
Road Impact Fee Trust Account," "District Number 6 Road Impact
Fee Trust Account," "District Number 7 Road Impact Fee Trust
Account," and "District Number 8 Road Impact Fee Trust
Account," which accounts shall be maintained separate and apart
from all other accounts of the County. Ail Road Impact Fees
shall be deposited into the appropriate trust account
immediately upon receipt.
B. Impact Fees collected under the provisions of
Ordinance 85-55, as amended, and which have not been expended
prior to the adoption of this Ordinance shall be allocated as
follows:
(1) Impact Fees collected within District Numbers 1
and 2 under Ordinance 85-55, as amended, shall be
deposited in the District Number i Road Impact Fee Trust
Account.
(2) Impact Fees collected within District Numbers 3
and 5 under Ordinance 85-55, as amended, shall be
deposited in the District Number 2 Road Impact Fee Trust
Account.
(3) Impact Fees collected within District Number 4
under Ordinance 85-55, as amended, shall be deposited in
the District Number 3 Road Impact Fee Trust Account.
(4) Impact Fees collected within District Number 6
under Ordinance 85-55, as amended, shall be deposited in
the District Number 4 Road Impact Fee Trust Account.
(5) Impact Fees collected within District Number 9
under Ordinance 85-55, as amended, shall be deposited in
the District Number 5 Road Impact Fee Trust Account.
~6) Impact Fees collected within District Number 8
under Ordinance 85-55, as amended, shall be deposited in
the District Number 6 Road Impact Fee Trust Account.
(7) Impact Fees collected within District Number 11
under Ordinance 85-55, as amended, shall be deposited in
the District Number 7 Road Impact Fee Trust Account.
(8) Impact Fees collected within District Numbers 7
and 10 under Ordinance 85-55, as amended, shall be
deposited in the District Number 8 Road Impact Fee Trust
Account.
059 , 159
Words underlined are added; words ~truck through are deleted.
C. The monies deposited into the respective Road Impact
Fee Trust Accounts shall be used solely for the purpose of
constructing or improving roads within the Transportation
Network and, except as otherwise provided, shall be expended
within that Road 0istrict where the Road Impact Construction is
located. Road Impact Fees may be used for the following
purposes, including, but not limited to %he followinu:
(1) design and construction plan preparation;
(2) permitting;.
(3) right-of-way acquisition, including costs of
acquisition or condemnation;
(4) construction of new through lanes;
(5) construction of new turn lanes;
(6) construction of new bridges;
(7) construction of new drainage facilities in
conjunction with new roadway construction;
(8) purchase and installation of new traffic
signalization;
(9) construction of new curbs, medians and
shoulders;
(10) relocating utilities to accommodate new roadway
construction;
(11) construction management and inspection;
(12) surveying and soils and material testing;
(13) to the extent allowable by law, reimbursement or
refund of costs incurred by the County in preparation of
this Ordinance, including any amendments or supplements,
and the Impact Fee Study adopted pursuant to Section 1.04
and any amendments or supplements adopted pursuant to
Section 3.08, and anv other administrative costs incurred
by the County;
(14) Repayment of monies transferred or borrowed from
any budgetary fund of the County which were used to fund
Words underlined are added; words~ruc~ ~ ~,,~,,~ are deleted.
any growth impacted construction or improvements as herein
defined; and
(15) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to provide funds to
construct or acquire growth impacted capital
transportation improvements on the Transportation Network.
Funds on deposit in the respective Road Impact Fee Trust
Accounts shall not be used for any expenditure that would be
classified as a maintenance or repair expense, nor shall they
be used on local roads or on interstate highways.
D. The monies deposited into the respective Road Impact
Fee Trust Accounts shall be used solely to provide additions
and improvements to the Transportation Network required to
accommodate traffic generated by growth.
E. Any monies on deposit which are not immediately
necessary for expenditure shall be invested by the County. All
income derived from such investments shall be deposited in the
respective Road Impact Fee Trust Accounts and used as provided
herein.
F. The Road Impact Fees collected pursuant to this
Ordinance may 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 (6th) anniversary of the
date upon which such fees were paid. Refunds 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 in
which occurs the date of the sixth (6th) anniversary of
the payment of the Road Impact Fee.
(2) The petition for refund shall be submitted to
the County Manager and shall contain the following:
Words underlined are added; words ctruck tSr~ugh are deleted.
(a) A notarized sworn statement that the
petitioner is the then current Owner of the
property on behalf of which the Road 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; and~
(d) A copy of the most recent ad valorem
tax bill.
(3) Within three (3) months from the date of
receipt of a petition for refund, the County Manager
will advise the petitioner of the status of the Road
Impact Fee requested for refund, and if such Road
Impact Fee has not been spent 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.
SECTION TWOs Amendment to Section 3.01 of Collier County
Ordinance No. 92-22, as amended
Section 3.01 is hereby amended to read as follows:
Section 3.01. Exemptions. The following shall be exempted
from payment of the Road Impact Fees:
A. Alterations, expansion or replacement of an existing
Dwelling Unit which does not increase the number of families
which such Dwelling Unit is arranged, designed or intended to
accommodate for the purpose of providing living quarters.
B. The alteration or expansion of a Building if the
Building use upon completion does not generate greater External
Trips under the applicable Impact Fee Rate.
C. The replacement of a Building or the construction of
an Accessory Building if the replacement Building or Accessory
U59,, 162
Words underlined are added; words =truck thro%~]h are deleted.
Building does not result in a land use generating greater
External Trips under the applicable Impact Fee Rate.
D. Mobile home lots or spaces upon which the applicable
Road Impact Fee has previously been paid.
~, Construction of new medical facilities or expansions
to existinq medical facilities by not-for-profit corDoration~.
qualified under I.R.S. Code Section 501(c~{3). who provide
County-wide service includinq the operation of any hospitals.
urqent care centers, medical clinics, medical laboratories, and
G~nters for patient treatment and rehabilitation. The Board of
County Commissioners hereby finds that such facilities and
services are a auasi-~overnmental function and alleviate the
need for Collier County to provide such facilities and
services.
F, The construction of Publicly owned qovernmental
buildinqs.
SECTION T]IREE: Amendment to Section 3.04 of Collier County
Ordinance No. 92-22, as amended
Section 3.04 is hereby amended to read as follows:
Section 3.04. Affordable Housing
.cc ...= ................. ~ C~hn. otruction 'which
qualifico ae ~or~a.~= .... ~ ~
ouch Road ~ Construction ~e funde~ ~ 'whole ~ ~ ~r~ ~
....... , ~ ~ Hou=ing
~ ....... ~ ~ .... ~ uub=idy ~ ~ ~ ~ ~ ~ County
(1) .... ~ ............. :--
............. fo~
~ Construction. Thc Application for ~ =hall
contain thc f=llc~ing:
Wordm ~derlined ~rm mdded; word~ ~truck thrcu~ ~rm deleted.
Impact .... ~ .... ~ = .... ~ ~ ~ ---~- =-
Thc ~
~ ~
(1)
~ ~ ~ rccclving e ~uildin~ ~ ~ t.hc
Words underlined are added; wordsc*.ruc,.~ througN are deleted.
....... ~ ~ -~
Prsperty ~
will = ~' ~ '--
· *~=- -~ .... ~ '~ days
tho ~ rcgulrud shall ~
shall --'-~ ...... ~ ~--~ ~,.c Applicant.
............. c ..... Impact Fcc to
.... ~ ..................... ~ effcrcd
~ords underlined are added~ vord~~uc,.~ ~ t~cu~h are deleted.
~ ~uc., annual
~ ~ :ny
..,a .... a ..... ~rcn~a.~ 1 received pcr
=,,a
(7) ~- ~
f~r ~ and
Words underline~ are added; words ~ are deleted.
--~---~ ~-~- ~ ..... ~- ty
~ ~ ~tcrcd into pur:uant ~ tk: Florida
~ Fc~ ~ ~ Auth$~izaticn for ~
A. Pursuant to the ~uidelines established in this
Section. the County shall (1) waive or {2) defer, as
applicable, the pa~ent of the Road Impact Fee for any
owner-occupied or rental Road Impact Construction which
Words underlined are added; words=~ruc..U throug~ are deleted.
~ualifies as Affordable Housing under Appendix C of this
(1) Any person seekina an Affordable Housina waiver
or deferral for proposed Road Impact Construction shall
file with the County ManaGer an Application for Waiver or
Deferral° prior to receiving a Buildinq Per, it for the
proposed Road Impact Construction. The Application for
Waiver or Deferral shall contain the followinG:
Ca~ Th~ name and address of the Owner;
{bi The leqal description of the Residential
Property upon which the Road Impact Construction shall
be constructed:
.~) 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:
id) The number of bedrooms in each DwelliDG Unit
of the Road Impact Construction.
f2) If the proposed Road Impact Construction meets
the reGuirements 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
~pplicable, ~o the Owner or Applicant. The Impact ~e~
Waiver or Deferral shall be presented in lieu of payment O~
the Road Impact Fee pursuant to Section 2.02.
~, To ,ualifv for an Impact Fee Waiver or Deferral, an
owner-occupied Pwellin~ Unit must meet all of the following
criteria:
{1) The Owner{s) of the Dwellin~ 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 upit must be within the
Affordable Housing Guidelines established in Appendix
859 168
Words ~nderlined are added; words ~t~uck through are deleted.
(2) The Owner. or if there is more than one
Owner. one of the Owners. must be a first-time hom~
buyer, To aualifv as a first-time home buyer, the
Owner must not have had an ownership inter~st in their
primary residence in the Dast three years.
(3) At least seventy percent of the Owner's
household income must be from qainful employment
within Collier County.
(4) The Dwellinq Unit must be the homestead of
the Owner(s1,
(51 The Dwel~inq Unit must remain Affordable
Housin~ for fifteen years from the date a Certificate
of OccuDancv is issued for the Dwellin~ Unit.
C. To aualifv for an Impact Fee Deferral & Dwelling Unit
offere~ for rent must meet all of the following criteria:
(1) The household renting the Dwellina Unit must
have a very 10w or low income level as defined in
Appendix C and the amount of rent must be within the
Affordable Housinq Guidelines established in ADDendix
f2) At least seventy percent of the renting
hou~ehold's income must be from ~ainful employment in
~911ier County.
(31 The Dwelling Unit must be the household's
permanent residence.
{~) The Dwelling Unit must remain Affordable
Housin~ for fifteen years from the date a Certificate
of Occupancy is issued for the Dwelling Unit.
~, All I~mact Fees deferred for owner-occupied Dwelling
Units at the time the Buildina Permit was issued shall become
due and Davable 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 Dwelli~q
Unit as Affordable HousinG, whichever occurs first.
Words underlined are added; words ~truck tkrcugh are deleted.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
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
Housing or fifteen Years from the date of issuance of th~
Certificate of OccuDancv. 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
OccuDan~v is issued for the Dwelling Unit. If the Dwelling
Unit is used as Affordable Housing for the full 15 year period.
the impact fees are no longer due and the lien on the Dwelling
Unit shall be released.
~. The percentage of the total Impact Fee which shall be
waiYed or deferred pursuant to this Section for an
owner-occupied or rental Affordable Housing Dwelling Unit shall
be the percentage set forth in Appendix C. The Impact Fees
waived or deferred shall be a lien on the property until all
reG~irements under this Section have been satisfied.
~. 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.
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, the following and
shall further include such provisions deemed necessary by the
~ountv to effectuate the provisions of this
¢1~ The legal description of the Dwelling Unit.
Words underlined are added; words ~truck through are deleted.
(2) Where an Impact Fee Waiver or Deferral is
~iven to an Owner who will be selling or renting the
Dwelling Unit to a subse=uent purchaser or renter, the
Road Impact Construction must be sold or rented to
hguseholds meeting the criteria set forth in thi~
Section.
[3} For owner-occupied D~ellinG Units, the
amoun~ of Impact Fees ~eferred shall be repaid to the
County upon the sale. refi~anclDG or discontinuance of
use of the Dwelling Unit for Affordable HousinG.
whichever occurs first, FQr r~nta~ uni~ the IDDact
Fees deferred shall be repaid upon sale. refinancinG.
the discontinuance of use Qf the Dwelling Unit as
Affordable Housina or fiftee~ years from the issuance
of a Certificate of Occupancy. whichever 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 Unit for
Affordable HousinG. the County can require ~he Qwner
~:o utilize the Dwellina Unit for Affordable ~ou$ing
lor fifteen years from the date the Certificate of
Occupancv was issued for the Dwelling Unit.
[4) For owner-occupied Dwellin~ Units where
Impact Fees have been ~aived. the Dwell~Dq U~lt must
be utilized for Affordable Housing for a fifteen Year
period after the Certificate of Occupancy is issued
and if the Dwellin~ Unit ceases to be u~ili~ed for
that purpose, the Impact Fees shall be repaid to the
County. Even though the Impact Fees have beeB repaid
~Q the County because the Dwelling Unit has not been
~ilized for Affordable Housin~ the County can require
the Owner to utilize the Dwellin~ Unit for Affordable
HousinG.
-14-
Words underlined are added; words:"~ruc..~ ~....~.~..~ are deleted.
f5~ The deferred and/or waived Imoact Fees shall
be a lien on the Dr~Dgrtv which lien may be foreclosed
upon in the event of non-compliance with the
reouirements of the Aqreement,
f6) Annually the owner Qf ~be Dwellinq Unit
shall provide to the County ~ger 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 Qccupan~y,
~7~ Upon satisfactory completion of the
Aqreement requirements, the County shall record any
necessary documentation evidencinq same. includin~.
but not limited ~o. a release of lien.
¢8~ The Aqreement shall be bindin~ upon the
Owner's successors and assigns.
¢9~ The A~reement sh~ll b~ recorded ~ the
Official Records of Collier County,
~, The amount of Impact Fee waivers aD~ deferrals ~ranted
pursuant to this Section shall be limited, in total, to ~b~
amount appropriated by the Board of County Commissioner~ at
their final public hearinq reqardinq the adoption of the a~nual
county budqet. Impact Fee waivers and deferrals pur~uan~ ~Q
thi~ $9~tion shall beqin in the 1993-94 fiscal year, The
budqete~ amount shall be set aside in a trust fund an~ paid
into the Road Impact Fee Trust Account no later thaB tha~ ~ime
when that amount is needed for a progect funded by those impact
~es waived or deferred. Waivers and deferrals shall be issued
in the Qrder ~hat completed applications are received by the
CQUntv Manaqer. 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 sinqle family
owner-occupied Dwellinq Units servinq the very low and low
income levels and which are constructed by builders
059 172
Words underlined are added~ words s~ are deleted.
~onstructing less than five sincle family Dwelling Units Der
year.
K, AnY chanqes or amendments to ADDendix C or the minimum
funding re~uirements adopted in this Section must occur as an
ordinance amendment at a Public hearing of the Board of County
Commissioners occurrinq after 5:00 P.m.
~, NO Affordable Housin~ Waiver oF p~ferral shall be
granted for a Road Impact Construction Dro4ect which consists
of a Mobile Home. :
SECTION FOUR: Amendment to Appendix C of Collier County
Ordinance No. 92-22, aa amended
Appendix C is hereby amended to read as follows:
Aff=rdablc ~ .... ~-- ~ ~ ~
~ $3S,000 for cna bcdroon D%'clling Unit.
~ ...,.53 a three ~cdzccn D~'clling Unit.
...c D~'clling ...................... =r ran. fcra
~ . ...... a ................... ling Unit.
APPENDIX
AFFORDABLE HOUSING DEFINITIONS. BENEFIT
STANDARDS. AND LIMITATIQNS
The followin~ set forth the aDDlicable definitions and benefit
$%andards for Affordable Housin~ dwellin~ units for the DurDos-
of determining eligibility for Impact Fee waivers and deferral~
(herein referred to as "benefits"}.
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
Very low income families means those families whos9
incomes do no~ exceed 50% of the m~dian income for the
area as determined by the Secretary of the U.S,
Department of Housinq and Urban Development farea
median income~.
059 173
Words underlined are added; words ~truck through are deleted.
bl Low income families means thQse 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.
~or a dwelling unit to be determined tQ be affordable, the
monthly rent or monthly mortGaGe payment, including property
taxes and insurance shall not be in excess of 30% of the
families household income.
II BENEFIT STANDARDS
Affordable Housing owner-occupied dwelling units which
exclusivg~y ~grve yerv 1Qw i~om~ 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 Ordina~cg,
bi Affordable Housing rental dwelling units which
exclusively serve very low income families shall have
100% of ~he applicable Impact Fee deferred pursuant to
the terms of the Impact Fee Ordinance.
Affordable Housing owner-occupied dwelling units which
exclusively serve low-income families and which are
the owner's homestead sh~ll ~¥9 ~Q~ of the applicable
Impact Fees waived and have 50% of the applicable
Impact Fee deferred pursuant to the terms o: the
Impact Fee Ordinance,
d) Affordable Housing rental dwelling units which
exclusively serve low income families shall PaY $0% of
the applicable Impact Fee, and shall hav9 ~0% of the
applicable Impact Fee deferred, pursuaD~ ~Q the t~;-ms
of the Impact Fee Ordinance.
el Affordable Housing owner-occupied dwellin~ units which
exclusively serve moderate income families and which
are the owner's homestead shall be required to pay 75%
of the applicable Impact Fee, and shall have 25% of
the applicable ImpaG~ Fee deferred pursuant to the
terms of the Impact Fee
Road Impact Construction which meets the criteria set
forth in Subsections b and ¢ of Section 3.0~
constructed by an AGencY O: Collier County or by an
Independent Governmental AqencY pursuant to.an
interlocal agreement 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.
~QTE: An Amendment to the Appendix shall reGuire a public
hearing of the Board of County Commissioners occurring
after 5:00 p.m.
SECTION FIVE~ Conflict and Sevarabilit¥
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
-17-
Words underlined are added; words ~truck through are deleted.
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 BIXt Effeotive 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
· 'ATTF~I~:3 .. .' BOARD OF COUNTY COMMISSIONERS
~;s ordl~e fired w;th the
~crejo~ of S~t~'s
Richard D. a~ ~'~ge~ pleat,
Assistant County Attorney
05'9 175
-18-
Words underlined are added; words ~ u
=~ruc.. through 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. 92-99
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 ~i.] '>.
Clerk of Courts and
Ex-officio to Board of :'" '"..':¥' '...
County Commissioners
., :
Deputy Clerk "~' -
'? / ~ ,; '-