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Ordinance 2002-34 ~ ORDINANCE NO. 2002 - 3_4_ I "~'~, '~" .... .64~1~1 ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER I ~.~,>,.... _...,%t,?~,74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED ~ BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), BY AMENDING THE AFFORDABLE HOUSING PROVISIONS TO PROVIDE FOR IMPACT FEE WAIVERS AND DEFERRALS FOR OWNER-OCCUPIED CONDOMINIUMS AND TOWNHOUSES; ADDING A DEFINITION FOR THE TERM "VERY, VERY LOW INCOME FAMILIES;" AMENDING THE DEFINITION OF THE TERM "LOW INCOME FAMILIES;" DELETING THE TERM "MODERATE INCOME FAMILIES;" PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, over the past three years, the cost of residential const~ilon ~_ Cotllr~r County has risen faster than income levels of very, very Iow, very Iow families; and WHEREAS, County staff recognizes that the purchase of a ~ddtflinium, townhouse or other type of multi-family, owner-occupied home can be more affordable for very, very Iow, very Iow and Iow income families; and WHEREAS, County staff desires to modify definitions of affordable housing income groups, as well as affordable housing benefit standards, in order to more closely model the State of Florida's State Housing Initiative Program (SHIP); and WHEREAS, these amendments to the affordable housing provisions will serve to increase the number of families that can receive affordable housing assistance.. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Subsection E in Section 74-201 of the Collier County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: Section 74-201. Imposition of Impact Fees. Eo Affordable Housing Waiver or Deferral. 1. Pursuant to the requirements established in this section and Article IV, the County shall waive or defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Development which qualifies as Affordable Housing under Article IV of this chapter. a. Any Person seeking an Affordable Housing waiver or deferral for proposed Development shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Development. The Application for waiver or deferral shall contain the following: (1) The name and address of the Owner; (2) An up to date, complete legal description of the site upon which the Development is proposed to be located; (3) The maximum income level of the Owner, or if the Owner is a developer or builder, the income level of the household to which the Dwelling Unit is to be sold or provided for occupancy; (4) The number of bedrooms in each Dwelling Unit of the Development. b. If the proposed Development meets the requirements for an Affordable Housing waiver or deferral as set forth in Article IV, the County Manager should enter into an Impact Fee waiver or deferral agreement, as applicable, with the Owner or Applicant. The Impact Fee waiver or deferral agreement shall be in lieu of prompt payment of the Impact Fee that would then be due and payable but for the agreement. 2. With regard to any detached single-family residences, residentia! condominiums, townhouses or duplexes that are subject to Impact Fee waiver or deferral, the County's interest in the Impact Fee may be subordinated to all first mortgages or other co-equal security interests. Impact fee waivers and/or deferrals for only single familyr detaehed residences, residential condominiums, townhouses or duplexes, as owner occupied dwelling units will automatically be subordinate to the owner's previously recorded first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. 3. Impact fee waivers or deferrals may also be similarly subordinated in the case of rental Multi-Family Dwelling Units, but only if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. SECTION TVVO. Article IV, Subsection K in Section 74-401 of the Collier County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: 2 Underlined text is added; Stuck through text is deleted. Section 74-401. Impact Fee Waiver or Deferral. K. Agreements for the waiver or deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: 1. single family residences that are fully detached, and either owner- occupied or rental dwelling units, or 2. owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or 3. rental (leased) multi-family dwelling units. SECTION THREE. Article IV, Subsection A in Section 74-402 of the Collier County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: Section 74-402. Affordable Housing Definitions, Benefit Standards and Limitations. A. The following sets forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fees waivers and deferrals (herein referred to as "benefits"). 1. Definitions of Affordable Housing Income Groups. a. "Very, very Iow income families" means families whose incomes do not exceed fifty percent (35%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. ~ b._:. "Very Iow income families" means families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. .................................................. :RCO, ,'T',C~,.,l~"'~,., c. "Moderate Low income families" means families whose incomes are more than 6~x-ty fifty percent~,.,,,/~n°/-,,~ 50%) but do not exceed eighty percent (80%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Corporation for rents adjusted to bedroom size in projects assisted under 3 Underlined text is added; St'.:'c~ thrc'.'gh text is deleted. the, Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. 2. Benefit Standards. a. Affordable Housing owner-occupied Dwelling Units which exclusively serve very, very Iow and very Iow income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms hereof. b. Affordable Housing rental Dwelling Units which exclusively serve very, very Iow, very Iow or Iow income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms hereof. c. Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income families and which are the owneCs homestead shall have fifty ...... ,/~no/_~ ,.~: ,~ .... ,i,.~,.. ,,...,.,~.., ~ ....... i'""~ ~'"'~ ~' .... ~*" one hundred percent (50% 100%) of the applicable Impact Fee deferred pursuant to the terms hereof. ~ ~. Development which meels the criteria set fodh in Section 74- 401.A and 74-401.B constructed by an Agency of Collier Counly or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the lerms hereof. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional or by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 4 Underlined text is added; Stuck thrc'.'.~h text is deleted. SECTION SiX: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~z?/Y-~ay of (~~ ,2002. ,,,,,~A'T.'TE,ST,.: BOARD OF COUNTY COMMISSIONERS ..,,"~.I~J,'~.~_~.~'.E-.: BROCK, Clerk OF COL~ -.......,. ',~.~pat~ ~]~. James N. Coletta, Chairman .... ~p~,'.~,ed as to form and ~l'~ffici~rj~y: Patrick G. White, Assistant County Attorney This ordinance filed with the S ~--. of State's Office_~e ecre~ary --~' o,'d cckr,,.~wlcdg~rnen~ P~ tho~ I~ ~pu~ 5 Under ned text is added; Stuek-,thr~a~ text is deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, 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. 2002-34 Which was adopted by the Board of County Commissioners on the 25th day of June, 2002, during Regular Session. WITNESS my hand and the official seal of the Board~f ~ '~ County Commissioners of Collier County, Florida, this 26~.d of June, 2002. ~c~ -- ~ DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boar~'~'~ County Commies ~L~R~s ....