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Agenda 06/23/2015 Item #11D6/23/2015 11. D. EXECUTIVE SUMMARY Recommendation to adopt the Affordable/Workforce Housing Population Based Index Model Methodology, reinstate the suspended Impact Fee Deferral Program for single family residences, and retain previously approved density bonus units in Planned Unit Developments, and direct staff to bring back parameters on Gap Housing. OBJECTIVE: To provide affordable /workforce housing in the County and to further the goals set forth in the Housing Element of the GMP. CONSIDERATIONS: On March 3, 2015 an affordable /workforce housing workshop was conducted. This item is to implement the direction given at the end of that workshop to bring forth three items for consideration. Affordable/Workforce Housing Population Based Index Model Methodology Through a cooperative partnership between the Affordable Housing Advisory Committee, Community and Human Services Division, and Comprehensive Planning Section in the Growth Management Department, the Housing Element of the Growth Management Plan was amended as part of the Evaluation and Appraisal Report based amendments in 2013 to require development of a method of indexing the demand, availability and cost for affordable /workforce housing throughout the County. The Housing Index Model is meant to replace the fixed number previously identified in the Housing Element to construct 1,000 affordable /workforce housing units each year to meet the County's demand for affordable /workforce housing units. At the affordable /workforce housing workshop staff presented an Affordable /Workforce Housing Population Based Index Model Methodology. Population was determined to be the main driver that is quantifiable and commonly utilized to project future demand for affordable /workforce housing. The methodology is a simple model based on population growth (projected gross future demand), less the available inventory (homeownership and rental units), which provides the projected need for future affordable /workforce housing units. The key secondary factors are area median income, housing prices, persons per household and the housing opportunity index which trends the affordability of homeownership in our community. These, and possibly other relevant data, will be reviewed periodically with summary reports and applicable recommendations made to the Board. There was general consensus that the population based methodology was an acceptable model during the workshop discussions. Reinstatement of the Impact Fee Deferral Pro2�'am for single family affordable housing The second item presented for approval is reinstatement of the Impact Fee Deferral Program for single family affordable housing. Based on the economic downturn, the Board suspended the program as outlined in Article IV — Affordable Housing Impact Fee Deferral, Section 74-401 through 74 -403 of the Collier County Code of Laws and Ordinances. When the program was active it deferred the impact fee cost until a later date. This deferral allowed the housing unit cost to be reduced, thus allowing the unit to be more affordable. The deferred impact fee amount plus interest was intended to be repaid at a future date and the criteria are outlined in the Section 74.401(d). The parameters of the deferral program are outlined in Section 74.401. The highlights of the deferrals are: 1. Total cumulative deferrals shall not exceed 3% of the previous years' total impact fee collections. Historically, Water and Sewer Impact Fees were not deferred under this program unless an alternative revenue source was identified to fund such deferrals. Packet Page -325- 6/23/2015 11.D. 2. Deferrals are available to qualifying, first -time homebuyers and must be the homestead of the owner(s). 3. Deferrals are provided on a first -come, first -served basis. 4. Deferrals are secured with a lien on the property. 5. Repayment is required upon sale, transfer, refinance or loss of homestead. Affordable /workforce housin_ units in Planned Unit Developments From time to time, the developers /applicants request a PUD amendment which can include a reduction or elimination of previously approved affordable /workforce housing units; whether via an approved Affordable Housing Density Bonus Agreement, or by other means. While the Board will retain its authority to amend PUD's as allowed by the Land Development Code, it is recommended that the Board retain affordable /workforce housing units. This would contribute to a higher level of affordable /workforce housing in our community. Gap Housing Direct staff to work with the Affordable Housing Advisory Committee, Growth Management staff, and any and all interested parties to bring forth options to further encourage or require Gap Housing in Collier County. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact, except for the reinstatement of the Impact Fee Deferral Program which will reduce the available funding for growth- related capital improvements for the term of the deferrals. The program is limited to 3% of the prior year (total) impact fee revenue which would have resulted in a potenti al loss of up to $800,000 based on FY 2014 collections. This amount will fluctuate in future fiscal years based on market conditions and permitting activity. Based on the limit of 3% of prior year's collections, approximately 47 owner - occupied deferrals could be available in FY 2015, if the program is reinstated. LEGAL CONSIDERATIONS• This item is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENTIMPACT: Acceptance of the affordable /workforce projection model furthers the Goals, Objectives, and Policies of the Growth Management Plan and specifically the Housing Element. RECOMMENDATION: That the Board of County Commissioners: (1) adopt the Affordable /Workforce Housing Population Based Index Model Methodology, (2) reinstate the suspended Impact Fee Deferral Program for single family residences, and (3) retain previously approved density bonus units in Planned Unit Developments, and (4) direct staff to bring back parameters for Gap Housing guidelines, regulations, and initiatives for Board consideration. Prepared By: Elly Soto McKuen, Senior Grant and Housing Coordinator Attachments: (1) Affordable /Workforce Housing Population Based Index Model Methodology, (2) Impact Fee Deferral Regulations Packet Page -326- 6/23/2015 11. D. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. Item Summary: Recommendation to adopt the Affordable /Workforce Housing Population Based Index Model Methodology, reinstate the suspended Impact Fee Deferral Program for single family residences, and retain previously approved density bonus units in Planned Unit Developments, and direct staff to bring back parameters on Gap Housing. Meeting Date: 6/23/2015 Prepared By Name: AlonsoHailey Title: Operations Analyst, Public Services Department 5/28/2015 10:43:16 AM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 5/28/2015 10:51:59 AM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 5/28/2015 12:17:18 PM Name: PattersonAmy Title: Manager - Impact Fees & EDC, Growth Management Department Date: 6/2/2015 9:02:32 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/2/2015 11:41:38 AM Name: CarnellSteve Title: Department Head - Public Services. Public Services Department Date: 6/2/2015 3:08:25 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -327- Date: 6/2/2015 4:05:54 PM Name: FinnEd 6/23/2015 11. D. Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/11/2015 11:23:37 AM Name: Casa] anguidaNick Title: Deputy County Manager, County Managers Office Date: 6/16/2015 9:00:07 AM Packet Page -328- 6/23/2015 11. D. METHODOLOGY Affordable Hou sing Advisory Committee and Collier County Community and Human Services Kimberley Grant, Director june 23, 2015 11 Packet Page -329- 6/23/201 5 1 1. D. Background and Purpose Through a cooperative partnership between the Affordable Housing Advisory Committee (AHAC), Collier County Community and Human Services (CHS) [formerly Housing, Human and Veteran Services] and Comprehensive Planning in the Growth Management Division, the Housing Element of the Growth Management Plan was amended during the Evaluation and Appraisal Report in 2012 to require development of a method of indexing the demand, availability and cost for affordable /workforce housing throughout the County. The Housing Index Model is meant to replace the arbitrary number previously identified in the Housing Element to construct 1,000 affordable /workforce housing units each year to meet the County's demand for affordable /workforce housing units. The outcome is to meet the following Goals, Objectives and Policies of the Housing Element: Goal 1: To create an adequate supply of decent, safe, sanitary and affordable /workforce housing for all residents of Collier County. Objective 1: Provide new affordable housing units in order to meet the current and future housing needs of legal residents with very low, low and moderate and affordable workforce incomes, including households with special needs such as rural and farmworker housing in rural Collier County. Policy 1.1: The Department of Housing, Human and Veteran Services (now CHS) shall establish a method of indexing the demand for very low, low, moderate and affordable workforce housing. Policy 1.2: The Department of Housing, Human and Veteran Services (now CHS) shall establish a method of indexing the availability and costs of very low, low, moderate and affordable workforce housing. Policy 13: The Department of Housing, Human and Veteran Services (now CHS) shall develop methods to predict future need, based on the Indexes established in Policies 1.1 and 1.2 above. Policy 1.4: The Department of Housing, Human and Veteran Services (now CHS) shall establish necessary strategies, methods and tools to support this Objective. Based upon the outcome of the predictive model, response strategies will be made available to decision makers to consider in attempting to meet the needs identified. For instance, if a large need was identified, the decision makers may wish to activate certain development incentives in order to encourage the development of additional affordable /workforce housing. Corr Foodel: Popuiation Based Packet Page -330- 2 6/23/2015 11. D. Population is the main driver that is quantifiable and commonly utilized to project future demand for affordable /workforce housing'. The key secondary factors are area median income, housing prices, persons per household, and the Housing Opportunity Index. The objective is to create a simple model based on accepted principles and available and validated data. The population based model is a very simple model, as shown below. Population Based Model Formula Projected Gross Future Demand Less: Available inventory (owner occupied and rental) Results in: Projected Net Future Demand And the next chart shows a sample projection using currently available and validated data and following the approved growth management planning premises. 1 Affordable Housing Needs Assessment, Population and Household Projection Methodology, Prepared by the Shimberg Center for Affordable Housing, Rinker School of Building Construction, College of Design, Construction and Planning, University of Florida, September 2006 3 Packet Page -331- rro c`Lec_ c—t L e `ia i ' J "cf. 4 x; ,.rc L, ai,e� o r s.Enc -- "F"._..202-�".�_ A. 2015 Est. B. Net " ": _C.'Net Pop . C1. Net pop D. #. of NEW County Population Growth _ . divided by 3, HH needing Population - Growth (persons) persons per affordable, Percent =` between 2015 household to workforce Annual and 2016 determine # housing in • �.. ___- _ - -" .... (Match GMD) ._ ._ ____. of..13H .... __ . 2016_ ( <120% 350,286 1.02% 3,573 1,191 701 Y� I 71 i d 4P El A. [ 7,, yy ...x .. ... .- .. <..n,1..,. .... .�.. ......,.. �. m�.s... ha.. .w .. Fay..� "a.. ..... ,. v.. ...e ..v...... ,...� �,..... -.,t .... x.. ...Lk. J.r � w.. Gross Demand Gross Demand Rental Housing Units Owned Housing Units ..sr a, 1173 428 Vacancy Rate LESS NABOR Single Family & Condo Inventory(<s2oc,K) Le' DF'op AYES Net Projected Demand: Rental Net Projected Demand: Owned 273 -0- ff >o a ciedluct pee-mined 1 Affordable Housing Needs Assessment, Population and Household Projection Methodology, Prepared by the Shimberg Center for Affordable Housing, Rinker School of Building Construction, College of Design, Construction and Planning, University of Florida, September 2006 3 Packet Page -331- 6/23/2015 1 1.D. Once the model is in use additional data sources may be explored to continue to refine the information and provide a current and local viewpoint. All sources will be disclosed when the information is presented for review and consideration. Calcuiation Elernents The model uses the HUD standard income categories based on AM 12 and assumes those persons earning 120% of AMI and above can compete in the marketplace for housing. Therefore, the need for additional affordable /workforce housing will be centered on those households earning less than 120% of AMI. The population is projected forward one year at the growth factor used by Comprehensive Planning in the Growth Management Division (currently 1.02 %). Further, for planning purposes, it is assumed those making less than 50% AMI are in need of rental units, and those earning more than 50.1% of AMI could qualify for homeownership; with recognition there are many that cross one way or the other, yet this is a reasonable basis for planning. The gross demand for 2016 in this sample is a need for 428 owned units and 273 rental units. From this, we deduct available inventory, using currently available data such as NABOR listings and Southwest Florida Apartment Association vacancy rate data, resulting in a net demand for 2016 for -0- owned units and 273 rental units. When in operation, the Board of County Commissioners would be presented with the projected need as well as a set of recommendations to consider in order to meet the future need identified. It is recognized that population changes alone may not determine the need for affordable /workforce housing. It is commonly held that market conditions and income conditions greatly impact the availability of housing in general, and more specifically, affordable /workforce housing.2 Through extensive research and discussion, additional supplemental data and facts that affect the need for affordable /workforce housing have been identified. Such factors as the Housing Opportunity Index, cost burdened rates of households, occupancy rates, and housing prices were examined. When the model is in operation, additional supplemental information may become available to reference. z Reforming America's Housing Finance Market, A Report to Congress, US Department of the Treasury and US Department of Housing and Urban Development, February2011 4 Packet Page -332- 6/23/2015 11. D. The Housing Opportunity Index The published National Association of Home Builders Wells Fargo Housing Opportunity Index (HOI) is a very relevant data set to review and consider because it is a reliable indicator of overall affordability of housing in our community available to the households earning 100% AMI. This is presented as meeting the requirements under Policy 1.1 and 1.2 noted earlier. As shown in the graphic illustration below, in simple terms, when income stays the same and the housing prices go up, affordability is decreased. Due to the nature of the recent drastic housing market fluctuations, the chart illustrates that following this data on a real time basis can be an indicator of demand for and availability of additional affordable /workforce housing units in our community. TV V $370K Housing 350 -- — A era9 - - - -- — -- -- - -- 0]2pOTtunitV Median Housing -- Index 300 - - -- - - -- _ -.— - - - -- Price - Sold $257K 250 200 150 r - AM I- 1oo S65K 50 . 67.5 -_ HOI o' O p p 0 0 0 N N N 72.8K $62.9K k.� T 0 0 0 0 0 0 0 N N N N N N N N N Source: Wells Fargo HOI S2 C o N N The HOI is defined as the "share of housing sold in the area that would have been affordable to a family earning local median income based on standard mortgage underwriting criteria (assumes 30% of gross income is spent on housing with 10% down payment)i3. For income, County staff uses the annual median family income estimates for the Naples /Marco Island Metropolitan Area published by the US Department of Housing and Urban Development 3 Source: National Association of Home Builders -Wells Fargo Housing Opportunity Index based on information provided from sales transaction records from Core Logic. The data includes information on state, county, date of sale and sales price of homes sold. 5 Packet Page -333- 6/23/2015 11. D. (HUD). If the H01 is over 50, the County is deemed to have sufficient availability for those households earning 100% of the AMI. Following this is very useful to identify and react to trends. Coast Burdened Levels There is information that indicates certain households are "cost burdened ,4 or "severely cost burdened" in our county5. Housing cost burden reflects the percent of income paid for housing by each household living in a geographic area. Based on recent US Census Bureau survey's, the number and percent of households paying more than thirty percent (30 %) of their income for housing are reported for communities with populations of 20,000 or more. Households spending more than 50 percent are considered to be "severely cost - burdened." Housing is generally considered to be affordable if the household pays less than 30 percent of income.6 The below graphic represents the cost burdened situation for Collier County. Spend more than 50`, Spend 30.1-50%-/ Income Spent ing 'Schimberg 2015 HH projections spend 0% or less As indicated in the following chart, the wages of many workforce positions are insufficient to afford the rental rates in Collier County. 4 HUD defines "cost burdened" as a household paying more than 30% of their annual income for a mortgage payment. 5 HUD defines "severely cost burdened" as a household paying more than 50% of their annual income for a mortagepayment 6 Florida Housing Data Clearinghouse, Shimberg Center for Housing Studies, University of Florida derived from figures produced from University of Florida Bureau of Economic and Business Research C Packet Page -334- 6/23/2015 11.D. Rental Rates Out of Line with Incomes Income Required to Afford Rents $90,000 $80,000 $70,000 $6o,000 $50,000 $40,000 $30,000 $20,000 $10,000 � � q t`' po• t5 °t . eS e5' c°' . oS et G.. c° ec z comet, 4 o c Source: Florida Jobs.crg OES Occupational Employment Statistics FRIesponuing to the Model and Model Operations While the core model is population based, decisions concerning the need for additional affordable /workforce housing are not one dimensional. Therefore supplemental information will also be provided for consideration. Semi - annually, the model will be updated and the supplemental factors already noted will be reviewed. In addition, it is envisioned that the semi- annual review would also include other relevant factors and data that emerges over time. The ultimate objective is to determine whether there is a gap between the need and availability of affordable /workforce housing; then determine what actions will be taken to close the gap. Should there be a gap, the most likely recommendations would be to activate, re- activate or modify the various incentives available in our community (Appendix 8 details the existing incentives.) It is certainly also possible that new incentives or programs may be recommended or developed in response the identified need. The AHAC, staff and members of the public are beginning to work on a set of recommendations (referred to as a tool -kit) of potential incentives, programs, or regulation that can be deployed in response to the needs identified in the population based model and the supplemental information reviewed. Recommendation The working group recommends use of the population based core model and review of supplemental information as presented herein as the first generation affordable /workforce housing index model. 7 Packet Page -335- 6/23/2015 11. D. ARTICLE IV. - AFFORDABLE HOUSING IMPACT FEE DEFERRAL FOOTNOTE(S): - -- (2) - -- Editor's note— Section 4 of Ord. trio. 2005 -40 retitled art. IV to read as herein set out. Formerly, said article was entitled affordable housing impact fee waiver or deferral. Sec. 74 -401. - Impact fee deferral. (a) Applicability. (1) Pursuant to the requirements established in this section and article IV, the county shall defer the payment of the impact fee for any new owner - occupied or rental development which qualifies as affordable housing under this article. (2) Any person seeking an affordable housing deferral for proposed development shall file with the county manager an application for deferral, prior to receiving a building permit for the proposed development. The application for deferral shall contain the following: a. The name and address of the applicant; b. An up to date, complete legal description of the site upon which the development is proposed to be located; c. 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 it to be sold or provided for occupancy; d. The square footage and number of bedrooms in each dwelling unit of the development. (3) If the proposed development meets the requirements for an affordable housing deferral as set forth in this article, the county manager may, but is not required to, enter into an impact fee deferral agreement and is authorized to execute such deferral agreements along with any corresponding tri -party agreement intended to further define repayment obligations, as may be applicable, with the owner or applicant. The impact fee deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. (4) Unless specifically provided to the contrary by majority action of the board, such as by an agreement or condition of development, water and sewer impact fees are fully exempt from all rental and CWHIP impact fee deferral programs. (b) Qualifying owner - occupied dwelling. To qualify for an affordable housing impact fee deferral, an owner- occupied dwelling unit must meet all of the following criteria: (1) The owner(s) or anticipated owner(s) of dwelling unit must have a very low, or moderate income level, at the time of final execution by the county of a deferral agreement as those income level terms are defined in section 74 -402. (2) The monthly mortgage payment, including taxes and insurance, must not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the applicable household category as indicated in section 74 -702. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. Page 1 Packet Page -336- 6/23/2015 11. D. (3) A dwelling unit shall qualify as "owner- occupied" if: a. a written affirmation from the developer to the county guarantees that the requisite affordable housing units will be constructed, and b. the affirmation is in effect at the date of execution of the impact fee deferral agreement by the county, and c. within six months from the date of issuance of the certificate of occupancy or the execution of the affirmation, whichever is later, any option to purchase is exercised and the purchaser takes ownership of the dwelling unit. (4) If the purchaser fails to purchase the dwelling unit within the six -month period, then: a. the deferred impact fee is considered in default as of the date that the fee would have been due without the deferral; and b. the applicant shall pay all of the impact fees, including delinquency fees and interest dating back to the date that the fees would have been assessed but for the deferral as provided in section 74 -501. (5) The owner, or if there is more than one owner, both of the owners, must be a first -time home buyer. To qualify as a first -time home buyer, the owner must not have had an ownership interest in his /her primary residence in the past three years. (6) The dwelling unit must be the homestead of the owner(s). The owner(s) of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States or be a legal alien who permanently resides in the United States. Proof of United States Citizenship or permanent legal residency must be established to the county's sole satisfaction. The dwelling unit must be granted a homestead tax exemption pursuant to Chapter 196, Florida Statutes. (7) No more than 50 deferral agreements are permitted at any single time for an individual developer, or for any developments that are under common ownership. For purposes of this subsection, "common ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association. (c) Qualifying rental and community workforce housing innovation pilot program (CWHIP) dwellings. (1) To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of the following criteria: a. The household renting the dwelling unit, including any multifamily dwelling unit, must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in section 74 -402. b. The dwelling unit must be and must remain the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States or be a legal alien who permanently resides in the United States. C. 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 the, Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. (2) To qualify for an impact fee deferral, a CWHIP dwelling must meet all of the following criteria: a. The residential development must meet all requirements pursuant to F.S. § 420.5095, (the "Community Workforce Housing Innovation Pilot Program "), as amended; be designated by the board of county commissioners as a CWHIP project for Collier County; and be approved and awarded CWHIP funds by the State of Florida. Page 2 Packet Page -337- 6/23/2015 11. D. b. For owner - occupied CWHIP dwellings, the owner(s) of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States, or be a legal alien who permanently resides in the United States. Proof of United States citizenship or permanent legal residency must be established to the county's sole satisfaction. The dwelling unit must be granted a homestead tax exemption pursuant to F.S. ch. 196. c. For rental CWHIP dwellings, the dwelling unit must be and must remain the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States, or be a legal alien who permanently resides in the United States. (d) Repayment for owner - occupied units. (1) All impact fees deferred for owner - occupied dwelling units shall become due and payable and shall be immediately paid in full to the county upon: a. The sale of the dwelling; or b. Refinancing of the purchase mortgage or loans secured by senior real property security instruments; or c. A loss of the homestead exemption under Section 4, Article X of the State Constitution. d. The first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the county not later then the closing of the sale, or not later then the effective date of the transfer. (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent per annum, but no event shall it exceed 25 percent of the total fee amount. (3) Notwithstanding anything in this subsection (d)(1) of this section 74 -401, the director of the financial administration and housing department of community development and environmental services division may waive the triggering of the obligation to pay deferred impact fees due to a refinancing if the director determines that the refinancing is for improvements or repairs to the dwelling that will enhance the value of the dwelling, and is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, transfer, or refinancing. (e) Repayment for rental and community workforce housing innovation pilot program (CWHIP) dwelling units. Deferred impact fees for rental dwelling units, including any multifamily dwelling units, single - family detached houses, modular homes (also known as residential manufactured buildings) and mobile homes (also known as manufactured homes) as defined in section 74 -108 of this chapter, and community workforce housing innovation pilot program (CWHIP) dwelling units, shall in all events be due and payable not later than ten years after the execution of the impact fee deferral agreement by the county, unless otherwise extended by the board of county commissioners. Such fees shall be accelerated and automatically be due and payable prior to that time period if there is any breach of the subject impact fee deferral agreement by the noncounty party. For CWHIP units, the residential development must at all times continue to meet all requirements of F.S. § 420.5095, (the "Community Workforce Housing Innovation Pilot Program "), as amended, throughout the deferral period, failing which the lien shall become immediately due and payable and shall thereafter generate interest at the statutory judgment rate set forth in F.S. § 55.03, as amended. (f) Repayment obligations. (1) Generally. The impact fees deferred shall be a lien on the property until all requirements under this article and the agreement have been satisfied. (2) Rentals. a. Annually, the owner (i.e., lessor) of a rental dwelling unit, including any multi - family dwelling unit, shall provide to the county manager an affidavit of compliance with the criteria set forth in this section. The affidavit must be filed within 30 days of the anniversary Page 3 Packet Page -338- 6/23/2015 11. D. date of the issuance of a certificate of occupancy. If the affidavit is not filed on time the affiant shall pay to the county a $50.00 late fee. b. If the income of any unit renter which originally qualified as very low or low income level as defined in section 74 -402, below, exceeds the standards set forth in subsection (c) by more than 40 percent, then the deferred impact fee shall become immediately due and payable by the owner or, in the alternative, the owner shall have 90 days to comply with the affordable housing standards set forth in this section. Developments which are then monitored by the Florida Housing Finance Corporation, or any other state or federal agency, will not be required to file this separate affidavit of compliance with the county manager. The applicant shall provide a true copy of these monitoring reports to the County Department of Financial Administration and Housing. (3) Owner- occupied dwelling units. If the household income of the qualified owner- occupied dwelling unit rises above the standards for deferrals set forth in subsection (b) of this section, the owner shall maintain the deferral. Notwithstanding the foregoing, all outstanding impact fees deferred shall be paid in full upon sale or transfer of the dwelling unit. (g) Deferral agreements. The owner receiving an impact fee deferral shall enter into a deferral agreement of impact fee agreement with the county. A separate deferral agreement shall be executed for each qualifying owner- occupied dwelling or qualifying rental dwelling. While applicants are required to enter into a deferral agreement in order to receive a deferral of impact fees, nothing in this section requires the county to enter into a deferral agreements. The deferral agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the dwelling unit. (2) Where an impact fee deferral is given to an owner who will be selling or renting the dwelling unit to a subsequent purchaser or renter, the development must be sold or rented to households meeting the criteria set forth in this article in order to maintain the deferral. (3) For each such owner - occupied dwelling unit, the amount of impact fees deferred shall be paid to the county in full upon sale. For rental units, including any multifamily dwelling unit, the impact fees deferred shall in all events be due and payable no later than ten years after the execution by the county of the impact fee deferral agreement. Such fees shall be accelerated and thereby be automatically due and payable prior to that time period if there is any breach in the subject impact fee deferral agreement by the noncounty party. (4) The deferred impact fees shall be a lien on the property. The lien may be foreclosed upon in the event of noncompliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the county. Such release shall be recorded upon payment in full. Neither the deferred impact fees nor the agreement providing for the deferral of impact fees shall be transferred, assigned, credited or otherwise conveyed from the dwelling unit. The deferrals of impact fees and the agreement thereto shall run with the land. (5) Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (6) In the event the owner is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may at its sole option collect the impact fee amounts in default as set forth by article V, section 74 -501, or bring a civil action to enforce the agreement or declare that the deferred impact fees are then in default and immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. (7) The agreement shall be binding upon the owner's successors and assigns Page 4 Packet Page -339- 6/23/2015 11.D. (8) The agreement shall be recorded in the official records of the county at no cost to the county. (h) Ceiling on deferrals. (1) The aggregate amount of impact fee deferrals granted pursuant to subsection (b) of this section shall be limited, in total, to an amount not exceeding three percent of the previous years' total impact fee collections. (2) Deferrals shall be available on a first -come, first - served basis. If the requests for deferrals exceed the number of deferrals available, the county manager may allocate deferrals based on the extent to which the deferrals implement the comprehensive plan, or other criteria based on policies and procedures that may be adopted by the board of county commissioners. (3) The county manager shall maintain a tracking system to ensure that the aggregate amount of impact fee deferrals do not exceed the deferral ceilings established in this subsection. (4) The aggregate amount of impact fee deferrals granted pursuant to subsection (c) of this section shall be limited, in total, to 225 units per fiscal year with no rollover of funding. (i) Amendments. Any changes or amendments to this article or the minimum funding requirements adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. (j) Eligible dwelling unit categories. Agreements for the 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) multifamily dwelling units. (4) Rental modular homes that meet, as a minimum, the then current standards of F.S. ch. 553, for homeownership or rental, and that bear the department of community affairs insignia seal certifying that the structure is in compliance with the Florida Manufactured Buildings Act of 1979, as amended or superseded. (5) Rental mobile homes that are constructed to then applicable standards promulgated by the United States Department of Housing and Urban Development (HUD) and that bear a two inch by four inch metal, rectangular red and silver certification label on each section of the home certifying that the home has been inspected in accordance HUD requirements, and that have been constructed in conformance with federal manufactured home construction and safety standards in effect on the date of manufacture. (k) Apartment complexes /multifamily dwelling units. Notwithstanding any provisions elsewhere in this chapter to the contrary, any owner that develops an affordable housing rental apartment complex, consisting in whole or part of multifamily dwelling units serving very low and /or low- income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multifamily dwelling units serving very low and /or low- income levels if: (i) all such deferred impact fees are paid on or before the end of ten years from the date such impact fees are deferred; and (ii) the, rental apartment development shall remain affordable housing qualified (under this article) for a minimum of 15 years. (1) Single- family, detached residences and duplexes. Impact fee deferrals for only single - family, detached residences, or duplexes, as owner occupied dwelling units, will automatically be subordinate to the owner's first mortgage and /or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee deferrals may also be similarly subordinated in the case of rental dwelling units, including any multifamily 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 Page 5 Packet Page -340- 6/23/2015 11. D. when they may become due and payable. This provision requiring additional security is not applicable to community workforce housing innovation pilot program (CWHIP) projects. (m) Timing of payment. Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of a certificate of occupancy or certificate of completion for the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, the applicant shall first enter into an approved deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal description and number assigned by Collier County to the development order; (2) Name of applicant and owner, if different; (3) Number of dwelling units; (4) Statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. (n) Certificate of occupancy requirements on filing of affidavit. Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. (o) Violations. Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74 -501, including payment of delinquency fees and interest. (p) Transitional provisions. The following provisions apply to any impact fee deferrals or reimbursements that were granted prior to August 1, 2005: (1) Any deferral agreement that was executed prior to August 1, 2005, shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral agreement was executed. (2) If reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housing Initiatives Partnership (SHIP) Program funds, payment will be made to the county affordable housing trust fund. (Ord. No. 01 -13, § 1, 3- 13 -01; Ord. No. 02 -34, § 2, 6- 25 -02; Ord. No. 02 -58, § 1, 11 -5 -02; Ord. No. 03 -25, §§ 2, 3, 5- 27 -03; Ord. No. 2005 -40, § 4; Ord. No. 2006 -40, § 4; Ord. No. 07 -84, § 1; Ord. No. 2014 -04, § 6) Sec. 74 -402. - Affordable housing definitions. The following sets forth the applicable definitions for affordable housing dwelling units. (a) "Very, very low income families" means families whose incomes do not exceed 35 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. Page 6 Packet Page -341- 6/23/2015 11. D. (b) "Very low income families" means families whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (c) "Low income families" means families whose incomes are more than 50 percent but do not exceed 80 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (d) "Moderate income families" means families whose incomes are more than 80 percent but do not exceed 120 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (Ord. No. 01 -13, § 1, 3- 13 -01; Ord. No. 02 -34, § 3, 6- 25 -02; Ord. No. 2005 -40, § 4) Secs. 74- 403 -74 -500. - Reserved. Packet Page -342- Page 7