Ordinance 95-26 ORDINANCE ~O.
M~f E~ERGENC~ ORDZNM~C~ AHENDZNG COLLZE~
CO~ ORDXN~CE NO. 90-87, AS ~DED,
R~TI~G TO ~E COLLI~ CO~Y REGIONAL
S~ SYST~ I~A~ FEE ORDIN~CE; BY
~DING SE~ION 3.04, PROVIDING FOR
MOOIFICATION OF PROVISIONS R~TING TO
AFFO~ABLE HOUSING~ PRODDING FOR
OE~TION OF ~G~a; PROVIDING FOR
CON~I~ ~ S~BILI~; ~D PROVIDING
~ EF~I~ DA~.
~S, the Board of C~nty C~issioners of Collier Coun~
on N~em~r 27, 1990, ena~ed Collier Coun~ Ordinance No. 90-S7,
es~ablishinq a Collier Count~ Regional Se~er S~s=em Impac= Fee
Ordinance~ and
~S, the Board of Coun~ C~issionars of Collier Coun=y
o~ June IS, 1991, e~ac~ed Collier Coun=y Ordinance No. 91-51,
amending Ordina~ce No. 90-875 and
~S, the Board of County C~issioners of Collier County
on November 10, 1992 enacted Collier County Ordinance No. 92-92,
amending Ordinance No. 90-S7~ and
~S, ~e Board of County C~issioners of Collier Coun~
on DecOr 16, 1992 enacted Ordinance No. 92-94, fur=her
amending Collier County ~inance No. 90-87; and
~S, the Board of Coun~ C~issioners of Collier County
on Au~s~ 10, 1993 enacted Ordinance No. 93-49, further amending
Collier County Ordinance No. 90-87~ and
~s, ~he Soard of County Co~issioners of Collier Coun=y
on Febma~ 28, 1994 enacted Ordinance No. 94-3 further amending
Collier County Ordinance No. 90-87~ and
~S, the Board of County Co~issioners of Collier
on April 11, 1994 enacted Ordinance No. 94-14 further amending
County Ordinance No. 90-87~ and
~S, ~he Board of County Commissioners on September
28, 1994 enacted Ordinance No. 94-47 further amending Count~
Ordinance No. 90-87.
Words ~are added; words e~h are deleted.
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NOW, THEREFORE, BE IT ORDAINED BY T}~E 8CARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Amendment to Section 3.04, Affordable Housing of
Collier County Ordinance No. 90-87, as amended.
Section 3.04 is hereby amended to read as follows:
Section 3.04 Affordable Housing
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 rental
Sewer System Impact Development which qualifies as Affordable
Housin~ under Appendix A of this Ordinance.
(1) Any person seeking an Affordable Housing waiver or
deferTel for proposed Sewer System Impact Development shall
file with the County Manager an Application for waiver or
defertel, prior to receiving a Building Permit for the
proposed Sewer System Impact Development. The Application
for waiver or daferral shall contain the following:
(a) The ~ame and address of the Owner;
(b) The legal description of the Residential
property upon which ~he Sewer System Impact Development
shall be constructed;
(c) The income level of the Owner or if the Owner
ix a builder, the income level of the household to
which the D~elling Unit will be sold' or rented;
(d) The number of bedrooms in each Dwelling Unit
Of the Sewer System Impact Development.
(2) If the proposed Sewer System Impact Development
meets =he requirements for an Affordable Housing waiver or
d~ferral as set forth in this Section, then the County
Manager shall issue an Impact Fee waiver or deferral, 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.
Words underlined are added~ words e~b are deleted.
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B. To qualify for an Impact Fee waiver or deferrnl, an
owner-occupied Dwellinq Unit must meet all of the follovinq
criteria:
(1) The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
level, at the time of irsuance of the Impact Fee waiver or
deferral, as those terms are defined in Appendix A, and the
monthly pa)nnent to purchase the unit must be within the
Affordable Bousing 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 daferral or within
thirty (30) days thereof, and within twenty-four (24) months
from the date of issuance of the certificate of occupant-/or
the execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the purchaser
takes o~nership of the D~elling Unit. If the purchaser
fails to purchase the Dwelling Unit within the twenty-[our
(24) month period, then the waived or deferred Impact Fee
mUst be immediately repaid unless the D~elling Unit is sold
to another qualifying Owner.
(2) The O~ller, or if there is more than one (1) Owner,
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 owllership 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 swelling Unit, unless the Impact
Fee is repaid to County.
Words MJl~are added~ words ~h ale deleted.
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C. To qualify for an Impact Fee defertel, a Dwelling Unit
offered for rent must meet all of the followimg criteria:
(1) The household renting the 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 Appendix A and the amou~ of rent must be
within the Affordable Housing guidelin~s established in
Appendix A.
(2) The Dwelling Unit must be the household's
permanent residence.
D. All Impact Fees deferred for owner-occupied Owelling
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 defertel was paid with State
Housing Initiatives Partnership [SI{IP] Progra= funds, repayment
will be made to the Collier County affordable housing trust fund.
For 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.
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 discontinuanc~.
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 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 le sold or transferred to a non-qualified purchaser
during the fifteen (15) year period after the certificate of
Words ~ are added; words e~~ are deleted.
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occupancy it issued for the D~el~lnq Unit. If the Impact Fee
waiver was paid with State Housing Initiatives Partnership [SHIP]
Proqram funds, reparment will be made to the Collier County
affordable housing trust fund. If the D~elling Unit is used as
Affordable Housing in compliance with Section 3.04 of this
Ordinance for fifteen (15) years after the date the certificate
of occupancy is issued for the Dwelling Unit, =he Impact Fees are
no longer due and the lien 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 hen satisfied.
H. (1) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of compliance
with the criteria let 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
tenter 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 standard~ 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 upon
Words underlined are added; words s~t.~4~-~h a~e deleted.
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sale or transfer of the Dwelling Unit to a non-~ua,xfied
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
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 provisions of this Section:
(1] The legal description of the Dwelling Unit.
(2) Where an Xm~act 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 Sewer System Impact
Development must be sold or rented to households meeting the
criteria set forth in this Section in order to maintain the
waiver or deferral. Impact Fee waivers or deferrals 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 agreement is in effect at
the date of issuance of the Impact Fee waiver or deferral or
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-purchasa 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 repnid immediately unless the Dwelling
Unit is sold to another qualifying Owner.
Words ~ are added; words =truck t-h~,K/h are deleted.
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(3) For owner-o~cupied Dwelling Units, the ~m~:n~
Impact Fees deferred shall be repaid to ~ne County upon the
sale or transfer to a non-qualified purchaser. If Impac=
Fees were paid with State Housing Initiatives Partnership
[SHIP] Program funds, repayment will be made to the Collier
County affordable housing trust fun~. 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 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 occupancy is issued and if the Dwelling
Unit is sold to a non-qualifying purchaser, the Impact Fees
$hall be repaid to the County. If Impact Fees were paid
with State Housing Initiatives Partnership [SHIP] Program
funds, repaylment will be made to the Collier County
affordable housing trust fund.
(5) The deferred and/or waived Impact Fees shall be a
lien on tho property which lien may be foreclosed upon in
the event of non-compliance with the requirements of th~
agreement. The agreement described here 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 recorded
fifteen years after the Certificate of Occupancy is issued,
provided Owner acted in compliance with the agreement or
upon repayment. In the case of a defertel, such Release
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shall be filed upon repayment.
(6) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an u[fidavit 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
occupancy. If the income of any unit tenter which originally
qualified as very lo~ or lo~ 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.
(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 Boar~
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.
words underlined are added; words :truc~ through ave deleted.
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J. The amount of Impact Fee waivers anu deferraid
~ursuant to this Section shall be limited, :.~ coral, 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 deferrals in the Collier
County Housing Assistance Plan, as estaDlished by Collier County
Ordinance No. 93-19. Impact Fee waivers and deferrals pursuant
to this Section shall begin in the 1993-94 fiscal year or earlier
upon receipt of State Mousing Initiatives Partnership [SHIP]
Program funds. All Impact Fees waived or deferred shall be paid
by the Board into the sewer system impact fee trust account
within seven (7) years from the date of the award of a waiver
and/or deferTel as provided heroin, 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 s~er syatmm 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, 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, or exempted or reimbursed. Waivers and deferrals 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 defertale must
be utilized to fund Impact Fee waivers and/or deferrals for
single family MeT-OCCUpied Dwelling Unite serving the very 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.
Words ~ are added; words eeh axe deleted.
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L. No Affordable Housing waiver or defertel shale be
granted for a Se~er System Impact Development project which
consists of a Mobile Home.
M. Although this Section is aimed at addressing new Sewer
System Impact Develop~nent which is characterized as Affordable
Housing herein, the Board shall have the discrenion, and not the
obligation, to consider the grant requests for waiver or deferral
for existing Dwelling Units which are characterized as Sewer
Systems Inq)act Development, provided such housing otherwise meets
the requirements of this sec~cion and the Board determines there
are funds available to grant such a request. Any such request
shall no= be considered b~ the Board if not made within 180 days
of coftnection of the D~ellinq Units to the Sewer System.
X. Notwithstanding any provisions elsewhere in this
~dinance to the contrary, any O%n~er that develops an Affordable
Housing rental apartment complex consisting in whole or part of
Dwelling Units serving very low and/or low income levels and
meeting all recluireme~s, and subject to all conditions, of
Section 3.04 shall be entitled to defer one hundred percent
{100%} of the Impact Fees applicable only to such rental Dwelling
Units serving very lo~ and/or lo~ income levels if: (i) all such
deferred Impact Fees are paid on or before the end of six (6}
years from =he date such Impact Fees are deferred; and (ii) the
rental apartment development shall remain Affordable Housin~
qualified (under Section 3.04 of this Ordinance) for a minimum of
15 years.
O. me 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 (~wner can demonstrate 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
Words underlined are added; words e~ie~--~q~h a~e deleted.
auch as additional or substitute collatetaX in the l'orm of cash
or cash equivalent financial instruments which w[Z[ 7ieZd the
full amount of the deferred impact fees at the expiration of the
period of the deferral. However. thq Doard in its discretion may
waive the re~uirement of additional or substitute collateral for
rental Dwelltno Units if the owllet Or the qeneral partner of
Owner is a not-for-profit corporation or or~anization and the
Dwellino Units to be constructed are detached single family
homes. The Board in exercisin~ its dt~rCtion shall consider the
debt to soutry ratio and the eoui~y on the Dw~llin~ Units
available to cover the Countv's subordinate lien interest.
BECTIO~ TWOs Declaration of Emergenc~
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.
SECTION THREEs Conflict and 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 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.
SECTION FOURx Effective 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
Wor~s underlined are added; words e~ruch thro~h ~re deleted.
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registered mail, postage prepaid, P.o the I:torida
:: - State.
This Ordinance shall become e~'fecCive as provided in Section
125,66(3), Florida Statutes.
: PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~/74 day of ~ ,
1995.
/ ATe: " BOARD OF COUNTY COM}iISSIONERS
~ By:
': an
,~.pproved as..to form and
l.egal su.f£icie.cTz
, '.. j
~sistant County Attorney
~ ord~ fll~cl w~ thw
Words M~ are added; words ~ee~h.are deleted.
STATE OF FLORIDA )
--'I
COONTY OF COLLIER
I, DWI6RT 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 of:
Ordinance No. 95-26
which Nee adopted by the Board of County Commissioners via
~eraencv procedures on the 4th day of AprtZ, 1995, during
Regular Session.
WITNESS my hand and the offtctnl seal of the ~oard of
County Commissioners of Collier County, Florida, ~hts 7th
day of April, 1995.
DWIGHT ~. BROCK
Clerk of Courr~ ~nd Clerk
Ex-offtclo to Roard of
County CommlRstorter~
D~:~uty Clerk