Ordinance 95-25 ORDINANCv- NO. 9~- 25
AN EMERGENCY ORDINAN(~ AMENDING COLLIER
COUN="~ ORDINANCE NO. 90-86, AS AMENDED,
RELATIN(~ TO THE COIJ. IER COUNTY REGIONAL
WATER SYSTEM IMPACT I~E ORDINANCE~ BY
AMENDING SECTION 3.0~, PROVIDING FOR
MODIFICATION OF PROVISIONS RELATING TO
AFFORDABLE HOUSING~ Iq~OVIDING FOR
DECLARATION OF EMERGI~CY$ PROVIDING FOR
CONFLICT AND BEVER~3~ILITY; AND PROVIDING
AM EFFECTIVE DATE.
WHEREAS, the Board of Cou~tty Commissioners of Collier County
on November 27, 1990 enacted Collier County Ordinance No. 90-86,
establishing a Collier County Regional Water System Impact Fee
Ordinance, as amended~ and
WHEREAS, the Board of Cour,ty Commissioners of Collier County
on June 18, 1991 e~ac~ed Coallet County Ordinance No. 91-50,
amendinq Collier County Ordinance No. 90-86; and
WHEREAS, the Board of Cour.ty Commissioners of Collier County
on November 10, 1992 enacted C~11ier County Ordinance No. 92-91,
amending Collier County Ordinarce No. 90-86; and
WHEREAS, the Board of Cour. ty Commissioners of Collier County
on December 16, 1992, enact,~d Ordinance No. 92-95 amending
Collier County Ordinance No. 9C-86~ and
WHEREAS, the Board of Courty Commissioners of Collier County
on August 10, 1993 enacted Ordinance No. 93-50, amending Collier
County Ordinance No. 90-86; and
WHEREAS, the Board of Courty Commissioners of Collier County
on February 28, 1994 enacted ~fdinance No. 94-4 further amending
Collier County Ordinance No. 9C-86S and
WHEREA~, the Board of County Commissioners of Collier County
on April 11, 1994 enacted Ordinance No. 94-15 further amending
Collier county Ordinance No. 9C-86; and
WHEREAS, the Board of Courty Commissioners of Collier County
on September 28, 1994 enacted Ordinance No. 94-48 further
amending Collier County Ordinarce No. 90-86.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
CO}91ISSIONERS OF COLLIER COUNT%,, FLORIDA that:
B~CTION O~rt. amendment to SIc:tieD 3.04, Affordable Housing of
Collier Count70rdiDance No. 90-86, as amended
Section 3.04 is hereb~ am~tnded to read as follows:
Section 3.04. Affordable Housing
X. Pursuant to the guid~tlines 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 rental
Water System Impact Development which qualifies as Affordable
~ousing under Appendix A of thJ.s Ordinance.
1. Any person seeking an Affordable Housing waiver or
deferTel for proposed Water System Impact Development shall
file with the County Manager an Application for waiver or
defertel, prior to rece.[ving a Building Permit for the
proposed Water System Impact Development. The Application
for waiver or deferTel shall contain the following:
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Water System Impact Development
shall be constructedy
(c) The income level of the Owner or if the O~a~er
is a builder, the income level of the household to
which the ~welling Unit will be sold or rentedl
(d) The number of bedrooms in each D~elling Unit
of the Water System Impact Development.
2. If the proposed Water System Impact Development
meets the requirements for an Affordable Housing waiver or
defertel 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 deferral shall be presented In lieu of payment of
the Impact Fee pursuant to Section 2.02.
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B. To qualify for an Impact Fee waiver or defertel, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
1. The Owner(s) or anticipated Owners of the Dwelling
Unit must have a very low, low, or moderate income level, at
the time of issuance of the Impact Fee waiver or deferral,
as those terms are defined in Appendix A, and the monthly
payment to purchase the unit must be within the Affordable
Housing guidelines established in Appendix A. A Dwelling
Unit shall gualify as owner-occupied if a lease-purchase
agreement is An effec~ 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. Xf 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. The Owner, or if there is more than one (1) ~wner,
one (1) 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 hie/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) yearn from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the Impact
Fee is repaid to the County.
C. To qualify for an Impact Fee Defertel, a Dwelling Unit
offered for rent must meet all of the following criteria:
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1. The household renting the Dwelling Unit must have
a very low or low lncoms level, at the commencement of the
leasehold and the duration thereof, as those terms are
defined in Appendix A and the amount of rent must be within
ths Affordabls Housing guidslines established in 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 purchasery
provided, however, if the Impact Fee defertel was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
gill 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 defertel of impact fees agreement.
I. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
shall be immediat~'v repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen (15)
years from the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Any Impact Fees waived for an ow~er-ocoupied 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 Dwelling Unit is used as
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Affordable Housing in compliance with Section 3.04 of this
Ordinance for fifteen (lS) years after the date the certificate
of ocoupanc7 is issued for the Dwelling Unit, the Impact Fees are
no longer due and the lien on the Dwelling Unit shall be
released.
Q. 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 =he property until all requirements
under this Section have been satisfied.
!. 1. Annually, the Owner of a rental Dwelling Unit shall
provide to the County Manager an affidavit of compliance with the
criteria 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 occupanc3/. If the Income of any unit tenter
which originally qualified as very low or low income level as
defined in Appendix A exceeds the Affordable Housing benefit
standards set forth l~ Appendix A by more than forty percent
(40%), then the deferred Impact Fee caloulated from the date the
Building Permit was issued 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
I~t forth In Appendix A-
S. If the household Income of the qualified owner-occupied
Dwelling Unit rises above the benefit standards for waivers and
deferrail 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
O~ner has complied with the Affordable Housing criteria set forth
in this Section 3.04 for fifteen (15} years after Issuance of the
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~'.
certificate of occupancy.
I. The Owner receiving an Impact Fee waiver or deferral
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 provixions of this Section:
1. The legal description of the Dwelling Unit.
2. Where an Impact Fee waiver or deferral is given to
an Owner who will be selling or renting the Dwelling Unit to
a subsequent purchaser or tenter, the Water System Impact
Development must be sold or rented to households meeting the
criteria set forth ~n 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
owner-occupied if a lease-purchase ageement 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 falls to purchase the Dwelling Unit within the
twenty-four (24) month period, then the waived or deferred
Impact Fee plus interest at the rate of six percent (6%) per
annum calculated from the data the Building Permit was
issued will be required to 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
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Fees were paid with State Housing Initiatives Partnership
(SHXP] Program funds, repayment will be made to the Collier
County affordable housing trust fund. For rental units, the
Xmpact Fees deferred shall be repaid upon the discontinuance
of use of the K~welling 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 qualifying Owner, 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 occupant7 As issued and if the Dwelling
Unit is sold to s 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 the 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 publio 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 deferral, such release
shall be recorded upon repayment.
6. Annually, the O~er of a rental Dwelling Unit
shall provide to the County Manager an affidavit of
compliance with the criteria set forth in this Section. An
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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 let forth in Appendix A by more then 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.
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
Recorde of Collier County.
J. The amount of Impact Fee waivers and deferrals granted
pursuant to this Section shall be limited, in total, to the
amount appropriated by the Board of County Commissioners 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 County Housing Assistance Plan, as
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established by Collier 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 water
system impact fee trust account within seven (7) years from the
date of the award of a waiver and/or deferral as provided herein,
but in no event, later than that time when that amount is needed
for a project funded by those Impact Fees waived or deferred.
The Board shall pay into the water 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 seven (7) years from the date of such waiver,
deferral, 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 deferrals shall be issued in the order that completed
qualifying applications are received by the County Manager. At
least fo~y percent (40%) of the amount budgeted for Impact Fee
waivers and/or deferrals must be utilized to fund Impact Fee
waivers and/or deferrals for singla family owner-occupied
~welling Units serving the ver~ low 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 deferral shall be
granted for a Water System Impact Development project which
consists of a Mobile Home.
M. Although this Section is aimed at addressing new Water
System Impact Development which is characterized as Affordable
herein, the Board shall have the discretion, and not the
obligation, to consider the grant requests for waiver or deferral
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for existing Dwelling Units which are characterized as Water
System Impact Development, provided such housing otherwise meets
the requirements of this section and the Board determines there
are funds available to grant such a request. Any such request
shall not be considered by the Board if not made within 180 days
of connmction of the Dwelling Units to the Regional Water System.
I. Notwithstanding any provisions elsewhere in this
Ordinance to the contrary, any Owner that develops an Affordable
Housinq rental apartment complex consisting in whole or part of
Dwelling Units serving very low and/or low income levels and
meeting all requirements, and subject to all conditions, of
Section 3.04 shall be entitled to defer one hundred parcant
(100t) of the Impact Faas 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
years from the date such Xmpact 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.
O. The Board, in its discretion, 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 reauirement of additional or
substitute collateral for rental Dwellinq Units if the Owner or
the general partner of Owner is a not-for-profit corpg~ation or
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oraanization and the Dwellins Units to be constructed are
detached sinale family hoMOgO. The Board in exercisino its
discretion shall consider the debt to eauitv ratio and the eouitv
on the Dwellins Units available to cover the Countv's subordinate
lien interest.
SECTION TWOz Deolaration oZ w-srgenc~
The Board of County Commissioners does hereby declare that
an emergency exists and that immediate enactment of this
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.
I/,CTION~uFll ComBliar and leverabilit~
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
Of public health, safety, welfare and convenience. 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.
I/,CTION FOURx Zffeotive Date
A certified coW 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 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 Celllet County, Florida, this ~f'~ day of ~ ,
/
1995.
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;~ ATTEST: BOARD OF COUNTY COMMISSIONERS
,~ DWZGHT ~-. BR.OCK, Clerk COLLIER COUNTY FLORIDA
, a aB
Ap~roved as to form and
legal aurf~ciency:
Heidi F. Ashton
Assistant County A~torney
WordJ~are added; words e%t~t--~k~ee~ are deleted.
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= CO I"
,. STATE OF FLORIDA )
· .. COUNTY OF COLLIER )
I, Df4IGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy
Ordinance Pro. 95-25
which was adopted by the Board of County Commissioners via
emergency procedures on the 4th day of April, 1995, during
Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 7th
day of April, 1995.
DWIGHT E. BROCK '
Clerk of Courts and Clerk ·
Kx-offlcio to Board of
County Commissioners
~y: /s/Maureen Kenyon
Deputy Clerk