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Ordinance 95-27 ORDINANCE NO. 9j- ~7 ~ ~ AN EMERGENCY ORDINANCE AMENDING COLLIER CO~T~ Cr~ [" ORDINANCE NO. 91-71, AS AMENDED, RELATING TO ~ o rVl THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES ~ ~ SYSTEM IHPACT FEE ORDINANCE; AMENDING SECTION ~ ~= 3.05, PROVIDING FOR HODIFICATION OF PROVISION~ ua RELATING TO AFFORDABLE HOUSING; PROVIDING FOR m c- DECLARATION OF EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING ~l EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on August 7, 1991, enacted Collier County Ordinance No. 91-71, establishing an Emergency Hedical Serviced System Impact Fee Ordlnance~ and WHEREAS, The Board of County Commissioners of Collier County on Hay 6, 1992 enacted Ordinance No. 92-30 which amended Collier County Ordinance No. 91-71; and WHEREAS, t. he Board of County Commissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-98 which further amended Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commissioners of Collier County on August 10, 1993 enacted Ordinance No. 93-53 which further amended Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commissioners of Collier County on Februal7 28, 1994 enacted Ordinance No. 94-7 further amending Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commissioners of Collier County. on April 11, 1994 enacted Ordinance No. 94-18 further amending Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commi~sioners of Collier County on September 28, 1994 enacted Ordinance No. 94-51 further nmending Collier County Ordinance No. 91-71. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COPeIISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words underlined are added; words et-t~ek-~-hreugh are deleted. -1- BZCTZON ON~t Amendment to Bection 3.05 of Collier Count~ 0rdinanos No. 91-71# as amended Section 3.05 is hereby amended to read as follows: .Section 3.05. 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 Emarqency Medical Services System Impact Construction which qualifies as Affordable Mousing under Appendix A of this Ordinance. (1) Any person seeking an Affordable Housing waiver or deferTel for proposed ~margenc-f Medical Services System Impact Construction shall file with the County Manager an Application for waiver or defertel, prior to receiving a Building Permit for the proposed Emergency Medical Services System Impact Construction. 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 Emergency Medical Services System Impact Construction shall be constructed; (c) The income level of the Owner 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 Emergency Nedlea1 Services System Impact Construction. (2) If the proposed Emergency Medical Services System Impact Construction 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 deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or Words ~ are added; words ~ are deleted. -2- defertel shall be presented in lieu of payment o[ the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or detertel, an ~vner-occupied Dwelling Unit must meet all or the rollowing critsria~ (1) The Owner(s) or anticipated Owner(s) of the Dwsllinq Unit must have a very low, low, or moderate income l~vel, at the time of issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix A and the monthly paymsnt to purchase the unit must be within the Affordabls Housing ~uidalines established in Appendix A. A Dwallinq Unit shsll qualify ae o~ner-occ~pisd if a lease-purchase agreement is in effect et the date of issuance of the Impact Fee waiver or dafsrral or within thirty (30) days thereof, and within twsnty-rour (24) months £rom the date of issuance of the certificate or occupancy or the axeoution or the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes o~nership 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 Foe must be immediately repaid unless the Dwelling Unit is sold to another qualifying Owner. (2) ~le Ovner, or if there is more than one O~n~er, 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 ~ership interest in his/her primary residence in the past throe (3) years. (3) ~le Dwelling Unit must. be the homestead of the Ovner(s). (4) The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy Words ~ are added; words e~~eu~h aro deleted. -3- is issued for the O~elling Unit, unless the Impact Fee Is repaid to the County. C. To qualify for an Impact Fee deferral, a Dwelling offered for rent must meet all of the following criteria: (1} The household renting the Dwelling Unit must have a veL7 lo~ or low income level, at the co~anencement of the 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 in Appendix A. (2) The D~elling Unit must be the household's permanent residence. D. All Impac~ Fees deferred for owner-occupied D~elllng Units st 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, repal~ment will ~ made to the Collier County affordable housing trust fund. For purposes of this Section 3.05, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set for~ch in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. E. me Impact Fees deferred for rental D~elling 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 im/uediately repaid to the County if the D~elling Unit is sold or transferred to a non-qualified purchaser words ~are added~ words ee~h are deleted. -4- durinq the fifteen (15) year period after the certificate of occupancy is issued for the D~elling 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 as Affordable Housing in compliance with Section 3.05 of this 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 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 Housinq D~slling 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 criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversar~ 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 b~ 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 deferrals set forth in Appendix A, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all Words underlined are added~ words et~h~h are deleted. -5- outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchassr, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in this Section 3.05 for fifteen (15) years after the i~suance of ths certificatm of occupancy. I. The Owner receiving an Impact Fee ~aiver 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 D~elling Unit. (2) Where an Impact Fee waiver or defertel is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or tenter, the Emergency Medical Services 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 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 Pvelling 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 Owelling 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 Owelling Unit is sold to another qualifying Owner. words underlined are added; words e~h are deleted. -6- (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 [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 qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.05 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 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 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 full. In the case of a defertel, such release shall be recorded upon repayment in full. (6) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the Words ~ are added; words ~½ are deleted. -7- criteria set forth in Section 3.05(H). 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 (40t), than 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 agTeement. 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 limited, 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 or defertale in the Collier C~unty Mousing Assistance Plan, as established by County Words ~ are added; words e%~ek--~eugh are deleted. -S- Ordinance No. 93-19. Impact Foe waivers and defertale 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 Emergency Medical Services System Impact 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 Impact Fees waived or deferred. The Board shall pay into the Emergency Medical Services 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 (6) years from the date of such waiver, deferral, exem~tion or reimbursement, but in no event, later than the time such amounts are needed for a project funded by those Impa~ 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 dsferrals must be utilized to fund Impact Fee waivers and/or deferrail for single family owner-occupied D~elling Units 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. L. No Affordable Housing waiver or defertel shall be ~ranted for an Emergency Medical Services System Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any owner that develops an Affordable Housing rental apartment complex consisting in whole or part of words underlined are added; words ~h are deleted. -9- Dwelling Units serving very low and/or low income levels and Mating all requirements, and subject to all conditions, of Section 3.05 shall be entitled to defer one hundred percent (1001) of the Impact Fees applicable only to such rental D~e111ng Units serving vex-/low and/or low income levels if: (i) all such defezlred 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 apart~ment development shall remain Affordable Housing qualified (under Section 3.05 of this Ordinance) for a minimum of 15 years. N. 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 deferral. However. the Bo~rd in its discretion may waive the reauirement of additional or substitute collateral for rental Dwellina Units if the Owner or the oeneral partner of Owner is a not-for-profit corPoration or oraanization and the Dwellinq Units to be constructed ar~ detached sinule family houses. The Board in exercisinq its discretion shall consider the debt to e~aitv ratio and the eauitv on the Dwellin~ Units available tO Cover the Countv's subordinatP SECTION TWOX Deolaration of Emergency 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) Words underlined are added; words ~ are deleted. vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. SECTION TBXZEs 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 Crdinance 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. IF~JTXON FOURS Iffeotive 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 loon after enactment as is practicable by depositing the lame 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. This Ordinance shall become effective as provided in Section 125.66 (3), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners o, Collier County, morid,, this ~r~ day of /~ , ...;.:// ATTEST: "> BOARD OF COUNTY CO~ISSIO ERS :P~ sufficiency: J:'J<, ,'1 ' ~./,"1~ [~ (' ..... i~eidl ~. Ashton Assistant County Attorney fill rK th s day W Wed are added; words e~',~eek.-/~te~ are deleted, -11- BTATE OF FLORIDA ) COUNTY OF COLLIER ) I, DWIGHT 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, 95-27 which was adopted by the Board of county Commissioners via em enc ocedures on the 4th day of April, 1995, during Regular Session. WITNESS mv hand and the official seal of tb~ BoRrd of County Commissioners of Collier Countv, FlovJaa, th.[A 7th day of April, 1995.