Ordinance 95-24 AN EMERGENCY ORDINANCE AMENDING COLLIER CO~ITY~ ~,~
ORDINANCE 88-97, AS AMENDED, RELATING TO THE ~
COLLIER COUNTY LIBRARY SYSTEM IMPACT FEE ~ ~ ["
ORDINANCE; AMENDING SECTION 3 · 04, PROVIDING o ~ ~1~
FOR MODIFICATION OF PROVISIONS RELATING TO ~
AFFORDABLE HOUSING; PROVIDING FOR DECLARATION ~
OF EMEI~GENCY; PROVIDING FOR CONFLICT AND
SEVET~ABILITY; AND PROVIDING AN EFFECTIVE DATE. m
WHEREAS, the Board of County Commissioners of Collier County
on December 13, 1988, enacted Collier County O~dlnance No. 88-97,
establishing a Library System Impact Fee Ordinance; and
WHEREAS, the Board of County Commissioners of Collier County
on January 21, lggl, enacted Collier County Ordinance No. 91-11,
vhich amended Collier County Ordinance No. 88-97; and
WHEREAS, the Board of County Commissioners of Collier County
on December ~8, lgg2 enacted Ordinance No. g2-96, which amended
Collier County Ordinance 88-g7~ and
WHEREAS, the Board of County Commissioners of Collier County
on August ~0, lgg3 enacted Ordinance No. 93-51, which amended
Collier County Ordinance No. 88-97; and
WHEREAS, the Board of County Commissioners of Collier County
on February 28, lgg4 enacted Ordinance No. 94-5 further amending
Collier County Ordinance No. 88-97; and
WHEREAS, the Board of County Commissioners on April ll, 1994
enacted Ordinance g4-~6 further amending Collier County Ordinance
No. 88-g7~ and
WHEREAS, the Board of County Commissioners on September 2a,.
l~g4 enacted Ordinance No. 94-4g further amending Collier County
Ordinance No. 88-97.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
S~CTION ORal Amendment to Seation 3.04 of collier county
Ordinance No. 88-~7~ as ~mended
Section 3.04 is hereby amended to read as follows:
Section 3.04. Affordable Housing
Words underlined are added; words~t~--~hi~e~gh are deleted.
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A. Pursuant to the guidelines established in this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of the Impact Fee for any new owner-occupied or ramtel
Library System Impact Construction which qualifies as Affordable
Housing under Appendix A of this Ordinance.
(1) Any person seeking an Affordable Housing waiver or
defertel for proposed Library System Impact Construction
shall file with the County Manager an Application for waiver
or defertel, prior to receiving a Building Permit for the
proposed Library System Impact Construction. The
Application for waiver or defertel shall contain the
follovingx
(a) The name and address of the Owner;
(b) The legal description of the Residential property
upon which the Library System Impact Construction shall be
constructed;
(c) The income level of the Ovner or if the Owner is a
builder, the income level of the household to which the
Dwelling Unit will be sold or rented;
" (d) The number of bedrooms in each Dwelling Unit of
the Library System Impact Construction.
(2) If the proposed Library System Impact Construction
meets the requirements for an Affordable Housing waiver or
deferral as set forth in this Section, then the County-
Manager shall issue an Impact Fee waiver or defertel, as
applicable, to the Owner or Applicant. The Impact Fee
waiver or defertel shall be presented in lieu of payment of
the Impact Fee pursuant to Section 2.02.
B. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
Words MBderlined are added; words e~h~h are deleted.
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(1) The O~ner(s) or anticipated Owner(~) of the
Dvellinq Unit must have a very low, low, or moderate income
level, at the time of issuance of the Impact Fee waiver or
defertel, as those terms are defined in Appendix A, and the
monthly payment to purchase the unit must be within the
Affordable Housing quidelines established in Appendix A. A
Dwelling Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effect at the date of
issuance of the Impact Fee waiver or defertel or within
thirty (30) days thereof and within twenty-four (24) months
from the date of issuance of the certificate of occupancy or
the execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the purchaser
takes ownership of the Dwelling Unit. If the purchaser
fails to purchase the Dwelling Unit within the twenty-four
(24) month period, then the waived or deferred Impact Fee
must be immediately repaid unless the Dwelling Unit is sold
to another qualifying Owner.
(2) Tho Owner, or if there is more than one Owner, one
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 (3} years.
(3) The Dwelling Unit must be the homestead of the.
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit.
C. To qualify for an Impact Fee defertel, a Dwelling Unit
offered for rent must meet all of the following criteria:
(1) The household renting the Dwelling Unit must have
a very low or low income level, at the commencement of the
Words ~ are added; words =truck thre~H~h are deleted.
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leasehold and during the duration thereof, as those terms
are defined in Appendix A and the amount of rent must be
within the Affordable Housing guidelines established
Appendix A.
(2) The Dwelling Unit must be the household's
permanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Units at the time the Building Permit was issued shall become due
and payable and shall be immediately repaid to the County upon
the sale of the Dwelling Unit to a non-qualified purchaser;
provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing trust fund.
For the purposes of this Section 3.04, a non-qualified purchaser
is a Person who does not satisfy the Affordable Housing criteria
set forth in subsection B above or a Person who does not agree to
the terms of the waiver or deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
shall be immediately repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen
years from the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Any Impact Fees waived for an owner-occupied Dwelling-
Unit at the time a Building Permit was issued shall become due
and payable and shall be immediately repaid to the County if the
Dwelling Unit is sold or transferred to a non-qualified purchaser
during the fifteen (15) year period after the certificate of
occupancy is issued for the Dwelling Unit. If the Impact Fee
waiver was paid with State Housing Initiatives Partnership [SHIP]
Program funds, repayment will be made to the Collier County
affordable housing trust fund. If the D~elling Unit is used
Word~ underlined are added; words e~gh are deleted.
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Affordable Housing in compliance with Section 3.04 of thi~
Ordinance for fifteen (15) years after the date the certificate
of occupancy is issued for the Dwelling Unit, the Impact Fees are
no longer due and the lie~ on the Dwelling Unit shall be
released.
G. The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an owner-occupied
or rental Affordable Housing Dwelling Unit shall be the
percentage set forth in Appendix A. The Impact Fees waived or
deferred shall be a lien on the property until all requirements
under this Section have been satisfied.
H. (1) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of compliance
with the ~riteria set forth in this Section. An affidavit must
be filed within thirty (30} days of the anniversary date of the
issuance of a certificate of occupancy. If the income of any
unit renter which originally qualified as very low or low income
level as defined in Appendix A exceeds the Affordable Housing
benefit standards set forth in Appendix A by more than forty
percent (40%), then the deferred Impact Fee shall become
immediately due and payable by the Owner or, in the alternative,
the Owner shall have ninety (90) days to comply with the
affordable Housing standards set forth in Appendix A.
(2) If the household income of the qualified owner-occupied.
Dwelling Unit rises above the benefit standards for waivers and
defertale set forth in Appendix A, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
outstanding Impact Fees waived or deferred shall be repaid in
full upon sale or transfer of the Dwelling Unit to a
non-qualified purchaser, except for waived Impact Fees where the
Owner has complied with the Affordable Housing criteria set forth
in Section 3.04 for fifteen (15) years after the issuance of the
words underlined are added; words etu~'~ek--~bTough are deleted.
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certificate of occupancy.
I. The O~ner receivinq an Impact Fee waiver or defertel
shall enter into an impact fee agreement with the County which
agreement shall provide for, at a minimum, the following and
shall further include such provisions deemed necessary by the
Board to effectuate the proviuions of this Section:
(1) The legal description of the Dwelling Unit.
(2) Where an Impact Fee waiver or defertel is given to
an O%nler who will be selling or renting the Dwelling Unit to
a subsequent purchaser or tenter, the Library System Impact
Construction must be sold or rented to households meeting
the criteria set forth in this Section in order to maintain
the waiver or defertel. Impact Fee waivers or defertale paid
for with State Housing Initiatives Partnership [SHIP]
Program funds will only be granted directly to buyers
meeting Appendix A qualifications and approval prior to
Building Permit issuance. A Dwelling Unit shall qualify as
owller-occupied if a lease-purchase agreement is in effect at
the date of issuance of the Impact Fee waiver or deferral or
within thirty (30) days thereof and within twenty-four (24)
months from the date of issuance of the certificate of
occupancy or the execution of the lease-purchase agreement,
whichever is later, the option to purchase is exercised and
the purchaser takes ownership of the Dwelling Unit. If the.
purchaser fails to purchase the Dwelling Unit within the
twenty-four (24) month period, then the waived or deferred
Impact Fee must be repaid immediately unless the Dwelling
Unit is sold to another qualifying Owner.
(3) For owner-occupied Dwelling Units, the amount of
Impact Fees deferred shall be repaid to the County upon the
sale or transfer to a non-qualified purchaser. If Impact
Fees were paid with State Housing Initiatives Partnership
words ~ are added; words e~h are deleted.
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[SHIP] Program funds, repayment will be made to the Collier
county affordable housing trust fund. For rental units, the
Impact Fees deferred shall be repaid upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen
(15) years from the issuance of a certificate of occupancy,
whichever occurs first.
(4} For owner-occupied Dwelling Units where Impact
Fees have been waived, the Dwelling Unit must be utilized by
the original ciualifying 0vner, or subsequent qualifying
purchaser, as Affordable Housing in compliance with Section
3.04 of this Ordinance for a fifteen (15] year period after
the certificate of occupancy is issued and if the Dwelling
Unit is sold to a non-qualifying purchaser, the Impact Fees
shall be repaid to the County. If Impact Fees were paid
with State Housing Initiatives Partnership [SHIP] Program
funds, repayment will be made to th.a Collier County
affordable housing trust fund.
(5} The deferred and/or waived Impact Fees shall be a
lien on the property which lien may be foreclosed upon in
the event of non-compliance 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 Collier County. In the case of a.
waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or
upon repayment. In the case of a defertel, such release
· shall be recorded upon repayment.
(6) Annually, the Owner of a rental Owelling Unit shall
provide to the County Manager an affidavit of compliance
with the criteria set forth in this Section. An affidavit
~ords Mxz~Jaaafi~ are added; words ~eugh are deleted.
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must be filed within thirty (30) days of the anniversary
date of the issuance of a certificate of occupancy. If the
income of any unit tenter which originally qualified as very
low or 1(~4 income level as defined in Appendix A exceeds the
Affordable Housing benefit standards set forth in Appendix A
by more than forty percent (40%), then the deferred Impact
Fee shall become immediately due and payable by the Owner
or, in the altezllative, the Owner shall have ninety (90)
days to comply with the affordable Housing standards set
forth in Appendix A.
(7) Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited
to, a release of lien.
(8) In the event the Owner is in default under this
agreement, and the default is not cured within thirty (30)
days after written notice is provided to the Owner, the
Board may bring a civil action to enforce the agreement.
The Board shall be entitled to recover all fees and costs,
including attorney's fees and costs, incurred by the Board
in enforcing this agreement, plus interest at the statutory
rate for Judgments calculated on a calendar day basis until
paid.
(9) The agreement shall be binding upon the Owner's.
successors and assigns.
(10) The agreement shall be recorded in the Official
Records of Collier County.
J. The amount of Impact Fee waivers and defertale granted
pursuant to this Section shall be ll=ited, in total, to the
amount appropriated by the Board at its final public hearing
regarding the adoption of the annual County budget and the amount
allocated to Impact Fee waivers and defertale in the Collier
Words underlined are added; words e~qh are deleted.
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County Housing Assistance Plan, as established by County
Ordinance No. 93-19. Impact Fee waivers and deferrail pursuant
to this Section shall begin in the 1993-94 fiscal year or earlier
upon receipt of State Housing Initiatives Partnership [SHIP]
Program funds. All Impact Fees waived or deferred shall be paid
by the Board into the Library System lapact Fee Trust Account
within six (6) years from the date of the award of a waiver
and/or defertel as provided herein, but in no event, later than
that time when that amount is needed for a project funded by
those I~pact Fees waived or deferred. The Board shall pay into
the Library System Impact Fee Trust Account such amounts equal to
any Impact Fees previously waived or deferred by the Board or
previously exempted or reimbursed by the Board within six
years from the date of such waiver, defertel, exemption or
reimbursement, but in no event later than the time such amounts
are needed for a project funded by those Impact Fees waived,
deferred, exempted or reimbursed. Waivers and deferrail shall be
issued In the order that completed qualifying applications are
received by the County Manager. At least forty percent (40%) of
the amount budgeted for Impact Fee waivers and/or deferrail must
be utilized to fund Impact Fee waivers and/or deferrail for
single family owner-occupied Dwelling Units serving the very
and low income levels.
K. Any changes or amendments to Appendix A or the minimum.
funding requirements adopted in this Section must occur as an
ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or defertel shall be
granted for a Library System Impact Constn~ction project which
consists of a Mobile Home.
M. Notwithstanding any provisions elsewhere in this
Ordinance to the contrary, any O~ner that develops an Affordable
Words underlined are added; words ~h~h are deleted.
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Housing rental apartment c0mplex consisting Ln whole or pact
Dwelling Units serving very low and/or low income revels ,~nd
meeting all requirements, and subject to all conditions, of
Section 3.04 shall be entitled to defer one hundred percent
(100t) of the Impact Fees applicable only to such rental 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 six (6)
years from the date such Impact Fees are deferred; and (ii) the
rental apartment development shall remain Affordable Housing
qualified (under Section 3.04 of this Ordinance) for a minimum of
15 years.
N. The Board, in its discration, may agree by Resolution
to subordinate its lien for Impact Fees to a primary lender
and/or government funded affordable housing loan such as SAIL or
HOME loan if Owner can demonstrate that a subordination is
necessary to obtain financing and, in the case of rental Dwelling
Units, 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 at the
expiration of the period of the defertel. However. the Board in
its discretion may waive the reouirement of ~dditional or
substitute collateral f~r rental Dwellinc Units if ~he Owner or
the oeneral partner of Owner .As a not-for-orofit corporation. or
oraanization and the Dwellins units ~Q.. ~e Gonstructed are
detached sinale family houses. The Board in exercisinc
discretion shall consider the debt to eauit~ ratio and the ecuitv
on the Dwellins Units available to cover the Countv's subordinate
SECTION TWOz Declaration of Emergency
The Board of County Commissioners does hereby declare that
an emergency exists and that immediate enactment of this
Words underlined are added; words ~h are deleted.
Ordinance is necessary, and by no less than four-fifths (4/5)
vote of the membership of the Board does hereby waive notice of
intent to consider this Ordinance.
SECTIO~ THRZE: Conflict &nd Severability
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
of public health, safety, welfare and cor.venience. If any
section, phrase, sentence or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
Jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
SECTION YOU~s Zffeotive Date
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by depositing the same with the postal authorities of the
government of the United States for special delivery by
registered mail, postage prepaid, to the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
.. of Collier County, ,lorida, this ;:yr~ day of ~P~ ,
/
1995; ' 1/
-JATTEST: ,' 80AJD OF COUNTY COMMISSIONERS
legal sufficiency:
l.- ....
He£di F. Ashton
Assistant County Attorney
This ordinance filed wl~ the
Words ~nderline8 are added; words =t:uck through are deleted.
-, iIm
STATE OF FF~ORZDA
COUNTY OF COLLIER
I, D~4IGHT Z. BROCK. Clerk of Courts in and for the
Twentieth 3Udtciel Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 95-24
which was adopted by the Board of County Commissioners via
¢m.~rQencv DreCedUrea on the 4th day of ~pril, 1995, during
Regular Session.
WITNESS my hand and the ofetcJal seal of the 8oard of
County Commissioners of Collier County, Florida, this 7th
~ay of AprXl. 1995.
D~4Ii{HT E. BROCr:
EX-,fficto tO Board
County Commi m:~