Chapter 42 - Community Development Chapter 42
COMMUNITY DEVELOPMENT*
Article I. In General
Secs. 42-1-42-25. Reserved.
Article II. Neighborhood Stabilization Program
Sec. 42-26. Minimum disposition standards and procedures to be used by
Collier County in selling and conveying neighborhood stabiliza-
tion program real property.
Secs. 42-27-12-55. Reserved.
Article III. Use of Funds
Sec. 42-56. Title and citation.
Sec. 42-57. Definitions.
Sec. 42-58. Purpose.
Sec. 42-59. Goals and objectives.
Sec. 42-60. Eligibility requirements.
Sec. 42-61. Loan administration committee.
Sec. 42-62. Loan selection,approval and servicing process.
Sec. 42-63. Reporting requirements.
Sec. 42-64. Other requirements.
Secs. 42-65-42-80. Reserved.
S4•0, Article IV. Redevelopment Grant Program
Sec. 42-81. Title and Citation.
Sec. 42-82. Annual Appropriation.
Sec. 42-83. Adoption of Site Improvement Grant and Impact Fee Assistance
Grant Programs.
Sec. 42-84. Adoption of the Modified Sweat Equity Improvement Grant
Program for the Bayshore/Gateway Triangle Community Rede-
velopment Area.
Sec. 42-85. Adoption of the Shoreline Stabilization Grant Program for the
Bayshore/Gateway Triangle Community Redevelopment Area.
Sec. 42-86. Adoption of the Landscape Improvement Grant Program for the
Bayshore/Gateway Triangle Community Redevelopment Area.
Sec. 42-87. Adoption of the Commercial Building Improvement Grant Pro-
gram for the Bayshore/Gateway Triangle Community Redevelop-
ment Area.
Sec. 42-88. Adoption of the Facade Grant Program for the Immokalee Com-
munity Redevelopment Area.
Sec. 42-89. Adoption of the Community Event Grant Program for the Bayshore/
Gateway Triangle Community Redevelopment Area.
Sec. 42-90. Adoption of the Sweat Equity Grant Program for the Immokalee
Community Redevelopment Area.
Secs. 41-91-42-99. Reserved.
Sec. 42-100. Administration by CRA.
Sec. 42-101. Conflict and Severability.
*Cross references—Buildings and building regulations,ch.22;dangerous buildings,§22-226 et seq.;housing code,§22-256
et seq.;manufactured homes and trailers,ch.86;planning,ch. 106;social services,ch. 114.
State law reference—Urban redevelopment,F.S.ch.290.
Supp.No.58 CD42:1
COMMUNITY DEVELOPMENT §42-26
ARTICLE I. IN GENERAL (f) Applicants will be served on a first-come,
first-served basis once eligibility and readiness to
Secs. 42-1-42-25. Reserved. purchase has been established.
(g) The maximum sales price for a property is
II. NEIGHBORHOOD determined by aggregating all costs of acquisi-
ARTICLESTABILIZATION PROGRAM tion, rehabilitation, and redevelopment (includ-
ing related activity delivery costs, which gener-
ally may include,among other items,costs related
Sec. 42-26. Minimum disposition standards to the sale of the property). In accordance with
and procedures to be used by federal regulations, no residential property as-
Collier County in selling and con- listed under the Neighborhood Stabilization Pro-
veying neighborhood stabiliza- gram may be sold for more than the sum of the
tion program real property. aforementioned costs.
(a) Housing and Human Services will main- (h) Applicants must obtain a first mortgage,as
tam a list of Neighborhood Stabilization Program needed, conforming to the loan conditions and
residential properties available for sale or rental requirements as determined by Housing and Hu-
to income qualified persons or household, a list of man Services.
residential properties actively being rehabili-
tated, and an estimated availability date for all (i) Upon determination of a proposed convey
Neighborhood Stabilization Program residential ance, Real Property Management will prepare a
properties. "As-Is" Contract For Sale And Purchase incorpo-
rating all details of the transaction. Each "As-Is"
(b) Housing and Human Services will market Contract For Sale And Purchase shall be ap-
the available residential properties through a proved by the Director of Housing and Human
variety of public and private resources including, Services, or his/her designee, and by the County
but not limited to,newspaper advertisement,Col- Attorney's Office for form and legal sufficiency.
Tier County's government website,social network- Shall approval shall be made prior to execution of
ing Internet websites, Collier County TV,housing said contract.
expos, or any other available resource.
(j) Purchasers shall be responsible for all clos-
(c) Housing and Human Services shall provide ing costs involved in any property transfer, and
reasonable public notice of the intent to consider the "As Is" Contract For Sale And Purchase will
final disposition of Neighborhood Stabilization reflect this provision.
Program residential properties. Such notice shall (k) Following appropriate approval,Real Prop-
be presented as an item on the Board of County erty Management shall supervise the execution of
Commissioners consent agenda. the"As-Is" Contract For Sale And Purchase. Pur-
(d) All persons interested in purchasing a res chasers must provide at least One Thousand and
idential property assisted under the Neighbor 00/100 Dollars($1,000.00)earnest money deposit
hood Stabilization Program shall be pre-qualified at the time of purchaser's execution of the As Is
by Housing and Human Services. Furthermore, Contract For Sale And Purchase.
Housing and Human Services will maintain a list (1) Earnest money deposits will be held by the
of potential purchasers,arranged in chronological title company selected by Real Property Manage-
order of qualification. ment to assist in the closing of each individual
transaction.Any title company selected shall be a
(e) Purchasers of residential property assisted County-approved vendor.
under the Neighborhood Stabilization Program
must have a household income not greater than (m) Real Property Management will prepare
120 percent of the local area median income and/or review all documentation required for the
(Naples-Marco Island metropolitan statistical area). closing of transfer transactions, and will coordi-
Supp.No.27 CD42:3
�2-26 COLLIER COUNTY CODE
nate with the County Attorney's Office to obtain property. The provisions may be further imple-
approval of all documents for form and legal mented by the Neighborhood Stabilization Pro-
sufficiency. Real Property Management will ob- gram Administrative Plan, as amended, and ap-
tain proper execution of all documents. proved by the Board of County Commissioners.
(n) The Chairman of the Board of County (u) Housing and Human Services will main-
Commissioners is authorized to execute "As-Is" tain copies of all Neighborhood Stabilization Pro-
Contracts For Sale And Purchase,Statutory Deeds, gram documents that are required to be main-
and any and all other documents necessary for tained.
the transfer of residential properties in actor- (Ord. No. 2009-63, § 1)
dance with the Neighborhood Stabilization Pro-
gram Administrative Plan. Secs. 42-27-42-55. Reserved.
(o) Real Property Management will coordinate
with the title companies and/or closing agents to ARTICLE III. USE OF FUNDS
assure proper closing of all transfer transactions,
and will deliver closing proceeds as Housing and
Human Services shall direct. Sec. 42-56. Title and citation.
(p) Proceeds from the transfer of properties This division shall be known and cited as the
are considered program income as described in "Collier County Community Block Grant Eco
the Neighborhood Stabilization Program Admin nomic Development Program Income Disposition
istrative Plan. Ordinance".
(Ord. No. 93-69, § 2)
(q) If a property is transferred to a non-profit
rovider of affordable housing and subsequently Sec. 42-57. Definitions.
ented, the maximum affordable rent shall not
exceed the Fair Market Rents as published annu- The following words,terms and phrases,when
ally by the United States Department of Housing used in this division, shall have the meanings
and Urban Development for the Naples-Marco ascribed to them in this section,except where the
Island metropolitan statistical area.Any revenue context clearly indicates a different meaning:
in excess of allowable costs shall be returned to
Collier County as program income. Act means the Housing and Community Devel-
opment Act of 1974, as amended (24 C.F.R. part
(r) Collier County shall comply with Collier 570).
County development codes and any applicable CDBG means a community development block
zoning ordinance(s) when disposing of Neighbor-
grant.
hood Stabilization Program residential proper-
ties. CDBG award agreement means the agreement
(s) Neighborhood Stabilization Program resi between the county and the DCA dated January
dential property may be sold or conveyed to 5, 1993.
qualified non-profit organizations for reduced or DCA means the state department of commu-
no monetary consideration if it is determined that nity affairs.
the organization can serve the rental or
homeownership needs of qualified persons or house- RLF means the revolving loan fund.
holds.Any such transfer must be approved by the
Board of County Commissioners. Sec. 42-58. Purpose.
(t) The provisions contained herein are the This division provides policy and program guid-
minimum disposition standards and procedures ance for the implementation of the county's RLF
to be used by Collier County in selling and con- program.
veying Neighborhood Stabilization Program real (Ord. No. 93-69, § 1)
Supp.No.27 CD42:4
COMMUNITY DEVELOPMENT §42-60
Sec. 42-59. Goals and objectives. (6) Not lending for the purpose of providing
(a) The establishment of the RLF is an effort to working capital, inventory, or supplies;
and
address the problem of credit availability and to
provide additional capital to the community which (7) Not utilizing RLF funds for purposes un-
otherwise would not be available for local eco- less provided herein.
nomic development.
(d) All proceeds from interest payments on the
(b) The primary program objectives are private- principal of the RLF funds will be utilized in the
sector job creation for members of low and mod- following manner:
erate income families and capital formation.
Projects are expected to support specific economic (1) To cover administrative cost related to the
development activities planned in the community, RLF program; and
including, but are not limited to, the following
types of projects: (2) To provide funds for additional loans after
(1) Small business development,including the the RLF funds are returned to the county.
(Ord. No. 93-69, § 3)
start up or expansion of locally-owned
businesses;
Sec. 42-60. Eligibility requirements.
(2) Redevelopment of blighted and vacant
facilities for productive use (eligible only (a) Eligible applicants for RLF assistance in-
if the redevelopment of the vacant facili- dude:
ties is completed as part of an eligible
activity, i.e., demolishing structures and (1) Any legal corporate entity,individual,pri-
clearing land are eligible only as part of vate organization, and federally recog
�/ an activity to immediately put the land to nized Indian tribal group which resides or
use for an eligible purpose); and desires to locate within the geographic
(3) Development of businesses owned and boundaries of the county;
operated by minorities, women and other (2) Applicants will be considered without re-
economically disadvantaged groups. gard to race, color, religion, sex, national
(c) The county's lending policies and proce- origin, age, handicap condition, familial
dures shall include, but are not limited to: status, or marital status;
(1) Providing innovative repayment terms, (3) Applicants must demonstrate that the
such as short-term deferral of initial prin project to be financed will result in pri-
cipal and/or interest payments; vate sector new job creation or retention
and contributes to the economic develop-
(2) Taking greater risks than banks are pre- ment efforts of the Board of County Com-
pared to take, but only when substantial missioners;
economic development benefits will result
if the applicant succeeds; (4) Applicants must demonstrate that the
request is necessary or appropriate as
(3) Providing below market interest rates;
defined in 24 C.F.R. part 570 (exhibit 1-A
(4) Utilizing other state and federal pro- must be completed and submitted with all
grams in conjunction with the RLF pro- the applications); and
gram in order to maintain maximum dol-
lars within the RLF; (5) Applicants must demonstrate that the
request meets a national objective as de-
(5) Requiring a minimum one-to-one lever- fined in 24 C.F.R. part 570 (exhibit 1-B
age of equity investment to borrowed RLF must be completed and submitted with all
funds; applications).
Supp.No.27 CD42:5
2-60 COLLIER COUNTY CODE
(b) Eligible activities for RLF assistance within (2) Subsidize interest payments on existing
the county include: loans;
(1) Acquisition,or construction of commercial
and industrial buildings and structures; (3) Refinance loans made by other lenders;
(2) Purchase of capitalized machinery and (4) Finance working capital,inventory,or sup-
equipment with a useful life of at least plies; and
five years;
(3) Acquisition of real property; and (5) Purchase an asset owned by the applicant
(4) Removal of architectural barriers which or a principal of the applicant.
restrict the mobility of elderly or handi-
capped persons. (e) The RLF program is available to make
loans to eligible borrowers at interest rates and
(c) Ineligible activities for RLF assistance in- conditions determined by the Board of County
dude: Commissioners to be most appropriate in achiev-
(1) Speculation activities such as land bank- ing the goals of the RLF.
ing and the construction of speculative or
unleased buildings; (1) The interest rate may be from three to 5.5
(2) Loans which assist the relocation of jobs percent below the prime interest rate on
from another labor area in the state; the date of loan application,but in no case
may the interest rate be less than three
(3) Loans for the purpose of investing in high percent.
interest accounts, certificates of deposit,
�•s or other investments not directly related (2) Where necessary, RLF financing should
to job creation; assist applicants with special credit prob-
(4) Loans which would create a potential con- lems, and therefore may involve greater
flict-of-interest for any officer or employee risks and more lenient terms rather than
of the county or any current or former conventional financing. Nothing in this
member of the loan administration com section should be interpreted to encour-
mittee provided in section 42-61, or staff age or advocate loans to individuals or
who reviews, approves, or otherwise par- firms with adverse credit history or who
ticipates in decisions on RLF loans; are insolvent.
(5) Loans to any applicant who was an orig- (3) The RLF funds will not be commingled
inal recipient of a CDBG loan from the with other county funds or with program
county and whose repayment is to be a income from other CDBG noneconomic
capitalization source of the RLF; and development activities. The funds will be
(6) Purchase or construction of any building deposited into a fund which is interest
the purpose for which will be the general bearing. All earned interest will be ac-
conduct of government or whose initial crued to the RLF.
occupant is any governmental unit,agency,
instrumentality, or subdivision. (f) In the determination of collateral require-
d) The RLF capital may only be used for debt ments, the board of county commissioners shall
financing through direct loans. RLF capital can consider the merits and potential economic bene
not be used to: fits of each request. When appropriate and prac-
tical, RLF financing shall be secured by liens,
(1) Purchase or finance equity in private busi- mortgages, or assignments of rights in assets of
nesses; assisted firms as follows:
Supp.No.27 CD42:6
COMMUNITY DEVELOPMENT §42-62
(1) The lien position of the RLF may be pliance with the goals, policies, and pro-
subordinate and made inferior to a lien or cedures as set forth in this division); and
liens securing other loans made in connec-
tion with the project prior to or concurrent (3) Establish,with the approval of the board,
with the RLF loan; rules,procedures,policies,goals,and forms
(2) The RLF shall obtain collateral such as to further the purpose of this division.
liens on land, buildings, equipment, in- (Ord. No. 93-69, § 5)
ventories, receivables, or other available Cross reference—Boards,commissions,committees and
assets of applicants. Such liens may be authorities,§2-816 et seq.
subordinate only to existing liens of record
and other loans involved in the project in
accordance with the terms of the RLF Sec. 42-62. Loan selection,approval and ser-
contract and loan documents between the vicing process.
applicant and the county; and
(3) In addition to the above types of security, (a) The loan administrative committee will pro-
the RLF may also require security in the vide notice of the availability of the RLF program
form of assignment of patents and li- in a newspaper of general circulation setting forth
censes,the acquisition of hazard and other the availability of the loan,the minimum qualifi-
forms of insurance, and such other addi- cations, the purpose of the loan and the date by
tional security as the board of county which applications must be received by the county.
commissioners determines is necessary to The committee will review and recommend ap-
protect the RLF's interest. proval of loans to the board, after:
RLF loan requests submitted by closely-held
corporations, partnerships or proprietorships (1) Meeting and interviewing the applicants
dependent for their continuing success on cer- to gain an understanding of the project,
tain individuals will ordinarily be expected to its parameters, the principals, and the
provide and assign life insurance on these key potential structure of the loan. The goals
persons to the RLF; and personal guarantees of this initial interview are to give the
will also be required from principal owners. applicant specific information about the
(Ord. No. 93-69, § 4) RLF Program, to determine the viability
and feasibility of the proposed project,
Sec. 42-61. Loan administration committee. and to determine whether the proposed
(a) The county will establish an RLF loan project meets goals of the RLF Program;
administrative committee,hereinafter referred to and
as the committee. The committee will consist of
seven members representing a cross section of (2) Seeking,if necessary in the opinion of the
business leaders, minorities, and the banking committee,technical and management as-
community.The duties of the committee will be as sistance from various federal, state and
follows: local government agencies,university cen-
ters, and other groups composed of per-
(1) Review all loan applications submitted for
adminis-
funding, establishing that each loan re- sons familiar with the effective quest has sufficient collateral, financial tration of the funding process. These
feasibility, and sound management prat agencies may provide sources of funding,
development of market feasibility studies,
tices; conduct labor and resource surveys,make
(2) Recommend approval or rejection of ap- environmental impact assessments, and
plicants to the board (all loans receiving refer applicants to qualified advisors(such
approval recommendations will be in com- as bankers or accountants).
Supp.No. 27 CD42:7
�2-62 COLLIER COUNTY CODE
(b) Applicants will submit an application as (4) Proposed and actual uses of program in-
provided by the county housing and urban im- come.
provement department or the board's designee
and such financial information and other docu- (c) The Board of County Commissioners shall
mentation as required by the county within the prepare a semiannual report effective January 1
time specified in the committee's notice. and July 1 of each year detailing the loans made
from the RLF during the previous year,the status
(c) No applicant may request a level of funding of all existing loans, interest income from each
that exceeds the funds available on the date of the depository, loan repayments received, program
application. income received from any other source, and the
(d) The board may not agree to obligate funds current available balance in the RLF. After ap-
proval, an original copy shall be forwarded to
that have not been received on the date of an
DCA.
application.
(e) The applicant will also be required to enter (d) Program income reporting may be halted
into a participating party agreement in form and at the time when the program income on hand
content required by DCA upon submission of the ceases to be regulated by CDBG requirements as
defined in 24 C.F.R. part 570.
application for the loan.
(Ord. No. 93-69, § 6) (Ord. No. 93 69, § 7)
Sec. 42-63. Reporting requirements. Sec. 42-64. Other requirements.
(a) Civil rights. Assurance of equal opportu-
(a) The loan administrative committee shall nity in lending will be empowered by the follow
report to the board of county commissioners on a
ing means: The Board of County Commissioners
uarterly basis. This report shall contain: will ensure that borrowers do not discriminate
(1) The current balance in the RLF; against employees or applicants for employment
(2) The current balance on all loans made by including in each application a statement
requiring compliance with all applicable state
with RLF funds to date; and federal laws and regulations. The committee
(3) The delinquency status of all contractu- will monitor the employment practices of ap-
ally past due loans; and proved borrowers annually. Periodic reviews of
(4) The status of all applications under re- the applicant's procedures may be made to ensure
view for funding. that job opportunities are duly advertised and
that an affirmative action plan is being followed.
(b) If the Board of County Commissioners has No applicant will be denied a loan on basis of race,
an existing CDBG grant,the board shall report to color, national origin, religion, age, handicap, fa-
DCA on a quarterly basis using the most current milial status, marital status, or sex.
quarterly status report form provided to the Board
of County Commissioners by DCA. This report (b) Environmental considerations. The Loan
shall contain any and all data on program income Administrative Committee will be apprised of
requested or required by the department,but at a state and federal statutes concerning environmen-
minimum shall contain: tal impact of the proposed projects. All potential
projects will undertake an environmental assess-
(1) Activities producing program income; ment pursuant to 24 C.F.R. part 58 and will
(2) The schedule of payments, the estimated obtain a formal release of funds from DCA after
total of payments,and whether payments completion of the assessment and applicable pub
are occurring on schedule; lic notices and public hearings. All construction
projects will require approval from the State
(3) Amount of program income collected from Historical Preservation Office to assure that no
the activity to date and during the report- historic properties or archaeological factors are
ing period; and affected. Projects which have potential liquid or
Supp.No.27 CD42:8
COMMUNITY DEVELOPMENT §42-84
harmful waste will be required to obtain a letter ARTICLE IV. REDEVELOPMENT GRANT
of approval from the department of environmen- PROGRAM*
tal protection. In addition, all construction proj-
ects will be checked to ascertain location in rela- Sec. 42-81. Title and Citation.
tion to floodplains or wetlands. In floodplain or
wetland locations, a letter of approval will be This Ordinance shall be known and cited as the
required from DCA. No project will be approved "Collier County Redevelopment Grant Program
which produces an insurmountable, harmful al Ordinance."
teration of the natural environment. (Ord. No. 2011-42, § 1)
(c) Relocation. No portion of the RLF funds Sec. 42-82. Annual Appropriation.
shall be used in any way to assist in a transfer of
jobs relocating from one labor market area to The Board of County Commissioners shall an-
another within the state. nually,during its budget process,allocate funding
for grant programs from the Redevelopment Trust
(d) Flood hazard insurance. Prior to approval Fund for the community redevelopment area.The
of any RLF project in a designated flood hazard Board of County Commissions, in its discretion,
area, the proposed applicant will be required to
may adjust the amount allocated for grant pro-
obtain flood hazard insurance. This insurance grams at any time during its fiscal year.
must be approved prior to disbursement of funds. (Ord. No. 2011-42, § 2)
(e) Access for the handicapped. If the proposed
RLF applicant requests financing for a construc- Sec. 42-83. Adoption of Site Improvement
tion project,the plans submitted to the committee Grant and Impact Fee Assistance
by the applicant must provide accessibility to the Grant Programs.
handicapped.
The Site Improvement Grant and Impact Fee
(f) Labor standards provisions. If the proposed Assistance Grant programs are hereby adopted.A
'✓ applicant requests funding for any activity that copy of said programs are annexed to this ordi-
triggers compliance with the Davis-Bacon Act or nance and adopted and made a part of this
other CDBG labor standards provisions, the ap- ordinance by reference. Either Site Improvement
plicant will agree to comply with those provisions Grant or Impact Fee Assistance Grant program
and to cooperate with the Board of County Corn- may be amended by resolution of the CRA.
missioners in its responsibility to monitor that (Ord. No. 2011-42, § 3)
compliance.
(g) Financial management.The accounting and Sec. 42-84. Adoption of the Modified Sweat
financial filing systems for each loan shall mirror Equity Improvement Grant Pro-
the files of the most recently completed CDBG gram for the Bayshore/Gateway
project. Triangle Community Redevelop-
(Ord. No. 93-69, § 8) ment Area.
The Modified Sweat Equity Improvement Grant
Secs. 42-65-42-80. Reserved. Program for the Bayshore/Gateway Triangle Com-
munity Redevelopment Area is hereby adopted.A
copy of the program is annexed to this Ordinance
as Exhibit"A" and made a part of this Ordinance
*Editor's note—Ord.No.2011-42,§§1-11,adopted Oct.
25,2011,amended art.IV in its entirety to read as herein set
out. Former art. IV, §§ 42-81--42-90, pertained to similar
subject matter, and derived from: Ord. No. 02-38, §§ 1-4,
adopted July 30,2002;and Ord.No.08-40,§§1-5,adopted on
July 28,2008;and Ord.No.08-61,§§1-10,adopted Oct.28,
2008.
Supp.No.58 CD42:9
§42-84 COLLIER COUNTY CODE
L
by reference. The Sweat Equity Improvement Sec. 42-88. Adoption of the Facade Grant
Grant Program may be amended by resolution of Program for the Immokalee Com-
the CRA. munity Redevelopment Area.
(Ord. No. 2011-42, § 4)
The Facade Grant Program for the Immokalee
Sec. 42-85. Adoption of the Shoreline Stabi- Community Redevelopment Area is hereby ad-
lization Grant Program for the opted. A copy of said program is annexed to this
Bayshore/Gateway Triangle Com- ordinance and adopted and made a part of this
munity Redevelopment Area. ordinance by reference. This Facade Grant Pro-
gram may be amended by resolution of the CRA.
The Shoreline Stabilization Grant Program for (Ord. No. 2011-42, § 8)
the Bayshore/Gateway Triangle Community Re-
development Area is hereby adopted.A copy of the Sec. 42-89. Adoption of the Community
program is annexed to this Ordinance as Exhibit Event Grant Program for the
"B" and made a part of this Ordinance by refer- Bayshore/Gateway Triangle Com-
ence. The Shoreline Stabilization Grant Program munity Redevelopment Area.
may be amended by resolution of the CRA.
(Ord. No. 2011-42, § 5) The Community Event Grant Program for the
Bayshore/Gateway Triangle Community Redevel-
opment Area is hereby adopted. A copy of said
Sec. 42-86. Adoption of the Landscape Im- program is annexed to this ordinance and adopted
provement Grant Program for the and made a part of this ordinance by reference.
Bayshore/Gateway Triangle Com- This Community Event Grant Program may be
munity Redevelopment Area. amended by resolution of the CRA.
(Ord. No. 2011-42, § 9)
The Landscape Improvement Grant Program
for the Bayshore/Gateway Triangle Community
Redevelopment Area is hereby adopted.A copy of Sec. 42-90. Adoption of the Sweat Equity
the program is annexed to this Ordinance as Grant Program for the
Exhibit"C"and made a part of this Ordinance by Immokalee Community Redevel-
reference. The Landscape Improvement Grant opment Area.
Program may be amended by resolution of the
CRA (a) General Provisions.The Collier County Com-
(Ord. No. 2011-42, § 6) munity Redevelopment Agency(CRA)hereby cre-
ates the Commercial Sweat Equity Grant Pro-
gram to provide financial assistance to existing
Sec. 42-87. Adoption of the Commercial commercial structures in the Immokalee Redevel-
Building Improvement Grant opment Area by offering financial and technical
Program for the Bayshore/Gate- assistance for aesthetic site improvements. Im-
way Triangle Community Rede- provements must be exterior improvements to the
velopment Area. structure or surrounding site. All improvements
must meet the criteria listed below as well as the
The Commercial Building Improvement Grant current requirements of the land development
Program for the Bayshore/Gateway Triangle Com- code, building code, and any applicable zoning
munity Redevelopment Area is hereby adopted.A overlays.Improvements that remedy existing code
copy of the program is annexed to this Ordinance enforcement violations also qualify if combined
as Exhibit"D" and made a part of this Ordinance with other site improvements.
by reference. The Commercial Building Improve-
ment Grant Program may be amended by resolu- The CRA is funded by Tax Increment Financ-
tion of the CRA. ing (TIF), a capture of Collier County's property
(Ord. No. 2011-42, § 7) taxes above the year 2000 property tax value.TIF
Supp.No.58 CD42:10
COMMUNITY DEVELOPMENT §42-90
is a unique tool that CRAs can use to leverage • In order to spread the impact of the pro-
public funds and to promote private sector activ- gram throughout the community, there
ity: will be a one-year waiting period between
• The Grant is for commercial for-profit grant awards for each individual prop-
business structures that: 1) pay into the erty.
CRA tax increment, and 2) which are • All proposed work must be approved via
operating with a valid occupational li- written CRA notice-to-proceed before be-
cense within the Immokalee Community ginning any work.
Redevelopment Area, as established by • Grant funding is not retroactive.Receipts
Collier County Ordinance No. 2000-42. that are dated before application approval
• The CRA will reimburse 50%of the cost of date will not be a recognized expenditure.
materials only for external improvements • All work must be completed within one
to existing structures, buildings and sur hundred and eighty (180) days of ap-
rounding property. proval of the grant application by CRA
• Grants will be paid out on a reimburse- Governing Board (BCC). Applicants are
ment basis upon verification by CRA staff required to request a meeting with staff
that the items identified on material re- prior to submittal of application.
ceipts have been used on the property for • Materials must be purchased from a com-
the purposes outlined on the application. mercial retail establishment with no fam-
• The minimum grant amount under this ily relation to the applicant.
program shall be $250.00 (minimum • All property taxes must be paid on the
$500.00 total material cost). structure to be improved.
• The maximum grant amount under this • If leased property, applicant/tenant must
program shall be $2,000.00 (minimum submit a signed Owner Authorization
total material cost$4,000.00). Form.
• No monetary value will be placed on the • In order to protect the CRA's investment,
applicants sweat equity. Funds may not the owner must maintain property insur-
be used to cover the cost of labor or ance on the improved structure for a pe-
personal effort. riod of five years from completion.
• Funds may not be used to cover any • Should the applicant fail to pay creditors
permitting, design and/or inspection fees. for the materials cited in this application,
• Applicant must perform at least two exte- the CRA shall be released from all liabil-
rior improvements that have been ac- ity.
cepted by the CRAAdvisory Board.Exam- • All sweat equity work to be completed
ples include windows/doors, stucco/paint, under this program must be:
landscaping/irrigation, awnings/shutters,
etc. o Reviewed and recommended for ap-
proval by the Immokalee CRA Local
• Grant applications will be considered on a Advisory Board, and
first come first served basis by CRA staff. o Pre-approved by the CRA Governing
• Grants applications shall be awarded by Board (BCC).
the CRA Governing Board upon recom-
• Should the Grantee transfer, sell, divest
mendation by: 1) CRA staff, and 2) the
CRA Local Advisory Board. itself of its interest in the subject prop-
erty,remove the items from the structure,
• Grants will be considered for award by or fail to maintain the improvements(ne-
CRA staff based on funding availability. glected landscaping, moldy stucco/paint,
l Supp.No.58 CD42:11
§42-90 COLLIER COUNTY CODE
broken windows,etc.)during the five-year • Re-pointing of mortar joints for brick or
period following receipt of the grant funds, stone fronts;
the CRA shall be entitled to reimburse- • Stucco work;
ment of the grant funds using the repay-
ment schedule below.Should the property • Landscaping installation, and improve-
be sold, the liability will transfer to the ment at front of building (visible from
new owner. The grant application will be public street),and must include in-ground
recorded in the Public Records of Collier irrigation system;
County. • Site lighting, structure sconces, decora-
Elapsed Amount tive lamp posts;
Time Due CRA • Architectural upgrades to the building
0 to one year after grant funds 100% that increase its overall curb appeal;
received • All work must be completed within 180
One
veyear after grant funds re- 80%cei d days of approval by CRA.
Two years after grant funds re- 60% (c) Grant funds may not be used for:
ceived
Three years after grant funds 40% • Working capital or administrative costs
received (payroll, rent, utilities, etc.);
Four years after grant funds re- 20%
ceived • Sweat equity (time/labor of applicant or
Five years after grant funds re- 0% family);
ceived
• New construction;
• At each annual anniversary date of the • Additions/expansions of existing build-
grant approval, for a period of five years, ings;
CRA staff will perform an annual inspec- • Interior renovations;
tion of the improved property in order to
verify that the improvements have been • Demolition only;
properly maintained and that any mov- •
able items paid for using CRA grant funds Loans or other capital support;
are still on the premises. • Work that will extend beyond one hun-
• Should the property change hands during dyed eighty (180) days of approval by
Cam'the course of the five-year period follow-
ing receipt of the grant funds, the selling • Work completed prior to approval of Sweat
and receiving parties will be required to Equity Improvement Grant.
summit a completed Property Transfer
Form to the CRA office so that the CRA
can maintain communications with the
current owner.
(b) Grant funds may be used for the following
improvements:
• Painting (manufacturer color swatches
must be provided with application and
approved);
• Window or door replacements or repairs
to hurricane standards, hurricane shut-
ters;
• Awnings or window treatments;
Supp.No.58 CD42:12
COMMUNITY DEVELOPMENT §42-90
(d) Project Evaluation.All projects will be evaluated on a point-based system using the below criteria.
Points Points
Project Provides Avail- Awarded
able
New paint only& pressure wash 1
Architectural improvements to improve curb appeal 1
Design consistent with CRA Public Realm Plan or Form-Based Guidelines 2
Replacement or repaired windows or doors 1
Re-pointing of mortar joints for brick or stone fronts, stucco repair 1
Woodwork repair, replacement or new installation 1
Landscaping improvements and irrigation system repair 1
Install new irrigation system 2
Applicant has 50% match funding and is prepared to begin immediately follow- 1
ing CRA approval and complete all work within 180 days of approval by CRA
Debris removal, fallen trees 1
Exotic tree/plant removal 2
Repair Code Violations 3
Replace/repair rain gutters 1
Subtotal
(e) Process. • Advisory Board checks project to
(1) Step 1:Applicant Meets with Staff:
make sure it meets all grant criteria.
• Applicant is required to be present
• Applicant must request a meeting at the Advisory Board meeting to
with staff prior to submittal of appli- answer any questions that may arise
cation. during the review or to provide ad-
• Applicant&staff meet at project site ditional material if requested.
to discuss scope of work. • If project meets all criteria, the Ad-
(2) Step 2:Applicant Submittal: visory Board makes a recommenda-
tion to CRA Governing Board.
• Grant Application; • In the event that sufficient funding
• Proof of Property Ownership (deed); remains in the CRA budget to cover
• Owner Authorization Form(requires the cost of only one project, first
priority will be given to the project
notarization); with the higher points.For example,
• Two 8 x 10 color photos of the exist- if two projects are presented to the
ing conditions ("before" photos); CRA Advisory Board on the same
• Sketch of proposed improvements; day, the project with the highest
• Budget estimates for the improve- score will receive a Sweat Equity
Grant. If the two projects receive the
ments. same score, the Advisory Board will
(3) Step 3: CRA Staff and Advisory Board be asked to vote on the project with
Review: the greatest aesthetic improvement.
• CRA staff reviews application and (4) Step 4: CRA Review and Approval:
completes the Points Form, then • CRA staff prepares Sweat Equity
places the application on agenda of Grant Applicaiton for the CRA to
next Advisory Board meeting. review/approve.
Supp.No.58 CD42:13
§42-90 COLLIER COUNTY CODE
• Applicant signs Grant Application. enforcement. The CRA shall approve all appli-
• Application with Advisory Board rec- cants for funding after the Board of County Com-
ommendation and application placed missioners allocates grant program funding for
on CRA agenda for review and ap each fiscal year.The recipients of any grant funds
proval. shall be required to execute an agreement in a
form approved by the County Attorney's Office for
• CRA reviews Advisory Board recom- legal sufficiency and approved by the CRA.
mendation and application during (Ord. No. 2011-42, § 10)
regular meeting and approves or de- Note—Formerly codified as§42-90.
nies application.
(5) Step 5: Site Plan Improvement Process: Sec. 42-101. Conflict and Severability.
• Applicant completes work. In the event this Ordinance conflicts with any
(6) Step 6:Project Completion and Submittal other Ordinance of Collier County or other appli-
of Project Summary Report: cable law, the more restrictive shall apply. If any
phrase or portion of this Ordinance is held invalid
• Upon completion of work and inspec- or unconstitutional by any court of competent
tion to insure work conforms to the jurisdiction, such portion shall be deemed a sep-
work that was proposed, applicant arate, distinct and independent provision and
submits: such holding shall not affect the validity of the
o "Project Summary Report," in- remaining portion.
cluding description of completed (Ord. No. 2011-42, § 11)
improvements, two 8 x 10 color Note—Formerly codified as§42-91.
"after" photos, invoices, list of
materials and construction tech-
niques used, any additional in-
formation specific to the proj-
ect.
• Notarized "Payment Request Form"
and all materials receipts and/or can-
celed checks as proof that all mate-
rials and contracted improvements
have been paid.
(7) Step 7: CRA Staff Submits Project Com-
pletion Report for Payment:
• CRA Staff visits site and documents
improvements.
• CRA Staff forwards Completion Re-
port and documents to Clerk's Fi-
nance Department for payment.
(Ord. No. 2015-15, § 1)
Secs. 41-91-42-99. Reserved.
Sec. 42-100. Administration by CRA.
The Board of County Commissioners delegates
the administration of the grant programs to the
CRA including, but not limited to, selection of
recipients, contracting with owners and contract
Supp.No.58 CD42:14
Chapters 43-45
RESERVED
CD43:1