Ordinance 2007-84
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~'" HECDVEOJ tt,9 ORDINANCE NO. 2007 - 84
~.9$1> o"'~ N ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING
F:;: L - \~ CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES, WHICH IS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, BY ESTABLISHING
AN IMPACT FEE DEFERRAL PROGRAM FOR APPROVED
PARTICIPANTS IN THE COMMUNITY WORKFORCE HOUSING
INNOVATION PILOT PROGRAM ("CWHIP") SET FORTH IN
SECTION 420.5095 OF THE FLORIDA STATUTES; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND-l
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 13,2001, the Board adopted Ordinance No. 2001-J.:t the -
l
"Collier County Consolidated Impact Fee Ordinance," which is Chapter 74 of the Collier
County Code of Laws and Ordinances, which repealed and superseded, in their entirety,
all of the County's previous impact fee regulations; and
WHEREAS, the Board desires to promote and foster the availability of
affordable housing for essential services personnel; and
WHEREAS, as set forth in Section 420.5095, Florida Statutes, the Florida
Legislature has created the Community Workforce Housing Innovation Pilot Program
(CWHIP) to provide community workforce housing for essential services personnel
a Irected by the high cost of housing; and
WHEREAS, Collier County is committed to promoting the development and
ongoing viability ofCWHIP projects; and
WHEREAS, a program to offer impact fee deferrals to projects that are awarded
CWHIP funding by the State of Florida will contribute significantly to the success of
such projects and therefore the construction of additional, new affordable housing for
essential services personnel.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article IV, Affordahle Housing Impact Fee Deferral, Section 74-401,
1/111'01'1 Fee Deferral, of the Collier County Code of Laws and Ordinances is hereby
amended to read as follows:
Section 74-401. Impact fee deferral.
(a) /l1'pli1'ahility
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(4) Unless specificallv provided to the contrarv bv maioritv action of the Board. such as
bv an Agreement or condition of development. water and sewer impact fees are fully
exempt from all rental and CWHIP impact fee deferral programs.
***
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(c) Quolif'ring rentol and Communitv Workforce HousinfI Innovation Pilot ProfIram
(CWHIP) dwellings
ill To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of
the following criteria:
fB W The household renting the dwelling unit, including any multi-family
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.
~ lli 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.
fB W 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.
(?) 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 Section
420.5095. Florida Statutes (The "Community Workforce Housing Innovation
Pilot Program"), as amended; be designated by the Board of County
Commissioners as a CWHIP proiect for Collier County; and be approved and
awarded CWHIP funds by the State of Florida.
(b) For owner-occupied CWHIP dwellings. the owner(s) of the dwelling unit
must be at least eighteen (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.
(c) For rental (,WHIP dwellings. the dwelling unit must be and must remain the
household's permanent residence. The head of the household must be at least
eighteen (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.
***
(e) Re1'o,l'/IIent for rentol and Communitv Workforce HousinfI Innovation Pilot ProfIram
rCWI II!') dwellmg units.
Deferred impact fees for rental dwelling units, including any multi-family 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- I 08 of this chapter, and Communitv Workforce Housin!! Innovation Pilot Pro!!r<l/ll
(CWHIP) dwellin!! units. shall in all events be due and payable not later than sH< ten years
and niRe montHs after the execution of the impact fee deferral agreement by the county,
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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
brcach of the subject impact fee deferral agreement by the non-county party. For CWHIP
units. the residential development must at all times continue to meet all requirements of
Scction 420.5095. Florida Statutes (The "Community Workforce Housing Innovation
Pilot Program"). as amended. throughout the deferral period, failing which the lien shall
bccomc immediately due and payable and shall thereafter generate interest at the
statutory iud~ment rate set forth in Section 55.03. Florida Statutes. as amended.
***
(g) Dcjcrral agreements. The owner receiving an impact fee deferral shall enter into a
dcferral agreement of impact fee agreement with the county. A separate deferral
agrccment shall be executed for each qualifying owner-occupied dwelling or qualifying
rcntal 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 defetTaI 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:
(I) The legal description of the dwelling unit.
(2) Where an impact fee deferral is given to an owner who will be selling or renting thc
dwelling unit to a subsequent purchaser or renter, the development must be sold or rented
to houscholds 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 multi-family
dwclling unit, the impact fees deferred shall in all events be due and payable no later than
sH< ten years and RiRe mORtHs 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 non-county party.
***
I h) ('('dillf!. Oil deferrals.
t I) Thc aggrcgate amount of impact fee deferrals granted pursuant to subsection (b) of
this scction 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
dcferrals based on the extent to which the deferrals implement the comprehensive plan, or
othcr 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.
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(-\1 The aggrelo:ate amount of impact fee deferrals granted pursuant to subsection ec) of
lhis seetlOn shall be limited. in total. to 225 units per fiscal year with no rollover of
Illl1ding.
***
(k) Apartment complexes/multi-family 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 multi-family dwelling units
scrving 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 multi-family dwelling units serving very low and/or low
incomc levels if: (i) all such deferred impact Fees are paid on or before the end of sH< ten
years 11l1d nine montAs 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.
(I) Sillgle-fami(y, detached residences and duplexes. Impact fee deferrals for only single
jllmily. detached residences, or duplexes, as owner occupied dwelling units, will
auwmatically be subordinate to the owner's first mortgage and/or any government funded
alrordable 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 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. This provision requiring additional security is not
applicable to Communitv Workforce Housin!! Innovation Pilot Pro)!ram (CWHIP)
LlD)/CC'/S.
'i'**
SECTION TWO.
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or any other applicable law, the more restrictive shall apply, If any phrase or portion of
this Ordinance is held invalid or unconstitutional 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 THREE. INCLUSION IN THE 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 re-
numbered or re-Iellered to accomplish such, and the word "ordinance" may be changed to
"section." "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Secretary of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this ~ day of l:>f C eM b er ,2007.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER C UNTY LORIDA
By:
JAMES COLETTA, Chairman
as 0 orm
-'-
cy
JcftTc
Chief
tzkow
t County Attorney
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This ordinance filed with the
Secretory of State's Office the
1.71<>\ day af '\A,.....Il......, _2001
and acknowledgement af that
filing received~s 2D'" day
afTYf~~~
By Deputy Clerk
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. 3ROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-84
Which was adol,r.ed by the Board of County Commissioners
on the 11th day of December, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissione]:s of Collier County, Florida, this 12th
day of December, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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By: Martha Vergara,
Deputy Clerk