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Ordinance 95-28 ORDINANCE NO, 95- 28 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCI~ NO. 92-22, AS ANEHDED, ,-,4 REIATING TO ~ COT.~-IER COUN~ ROAD IMPACT ~ FEE ORDIN~3~C~ AYEENDING SECTION 3.04, PRO%rIDING FOR MODIFICATION OF PROVISIONS ~ELATING TO A~ABLE MOUSING; PROVIDING FOR DEC~I~ON OF E~ENCY; PROVIDING FOR CONFLICT ~ SEVERABILI="E; AND PROVIDING AN EFF~ DA~. WHEREAS, the Board of County Conmtssioners of Collier County on April 16, 1992, enacted Collier County Ordinance No. 92-22, establtshlrMJ a Road Impact, Fee Ordinance; and WHEREAS, the Board of County Conuntssioners of Collier County on August 11, 1992, enacted Collier County Ordinance No. 92-57, eraending Ordinance No. 92-22~ and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992, enacted Ordinance No. 92-99, further amending Ordinance No. 92-22; and WHEREAS, the Board of County Commissioners of Collier County on August 10, 1993 enacted Ordinance No. 93-54/further amending Ordinance No. 92-22 ~ and WHEREAS, the Board of County Commissioners of Collier County on February 28, 1994 enacted Ordinance ~o. 94-8 further amending Collier County Ordinance No. 92-22~ and WHEREAS, the Board of County Commissioners of Collier County. on April 11, 1994 enacted Ordinance No. 94-19 further amending Collier County Ordinance No. 92-221 and WHERFJ~8, the Board of County Commissioners on September 2S, 1994 enacted Ordinance No. 94-52 further amending Collier County Ordinance No. 92-22. NOW, ~q~EKEFORE, BE IT ORDAINED BY THE BOARO OF COUNTY COMHISSIONERS OF COLLIER COUNt, FLORIDA THAT: SECTION ONZI Amendment to Beetion 3.04 of collier County ordinanoe No. 92-22~ as amended Section 3.04 is hereby amended to read as follows: Words gD~aZ/~are addedl words etfeek-~s;~ are deleted. -1- 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 Road Impact Fee for any new owner-occupied or rental Road Impact Construction which quailglee as Affordable Housing under Appendix C of this Ordinance. (1) Any person seeking an Affordable Housing waiver or defertel for proposed Road Impact Construction shall file with the County Manager an Application for waiver or deferTel, prior to receiving a Building Permit for the proposed Road Impact Construction. The Application for waiver or deferTaX shall contain the following: (a) The name and address of the Ovner~ (b) The legal description of the Residential property upon which the Road Impact Construction shall be constructed~ (c) The income level of the e~ner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented7 (d) The number of bedrooms in each Dwelling Unit of the Road Impact Construction. (2) If the proposed Road Impact Construction meets the requirements for an Affordable Housing waiver or defertel as set forth in this Section, then the County Manager shall issue a Road Impact Fee waiver or defertel, as applicable, to the Owner or Applicant. The Road Impact Fee waiver or defertel shall be presented in lieu of payment of the Road Impact Fee pursuant to Section 2.02. B. To qualify for a Road Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: (1) The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income words underlined are added~ words ~~"e.~a,~/h are deleted. -2- level, at the time of issuance of the Road Impact Fee waiver Or deferral, as those term~ are defined in Appendix C, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix C. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Road 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 Road Impact Fee must be immediately repaid unless the Owelling Unit is sold to another qualifying Owner. (2) The Owner, or if there is more than one Owner, one of the Owllets, 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 (1~) years from the date a certificate o~ occupancy is issued for the Dwelling Unit, unless the Impact Fee is repaid to the County. C. To qualify for a Road Impact Fee deferral, 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 leasehold and during the duration thereof, as those terms are defined in Appendix C and the amount of rent must be Words ~ are added~ words et~k--~ are deleted. -3- within the Affordable Housing guidelines established in Appendix C. (2) The Dwelling Unit must be the household's permanent , residence. D. All Road Impact Fees deferred for owner-occupied Dwelling Unite at the time the Building Permit was issued shall bec(nme 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 Road Impact Fee defertel was paid with State Housing Initiatives Partnership [SHIP) Progas 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 · 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 ,~aiver or defertel of impact fees agreement. E. The Road 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 (15) years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any Road 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; provided, however, if the Road 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 Affordable Housing ,' in compliance with Section 3.04 of this Ordinance for fifteen .i,. words ~ are added; words e%~aek-~h are deleted. (15) years after the date the certificate of occupancy l~ issued for the D~slling Unit, the Road Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Road 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 C. The Road Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Anrrually, 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 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 C exceeds the Affordable Housing benefit standards set forth in Appendix C by more than forty percent (40%), then the deferred Road 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 C; or (2) If the hcusehold income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix C, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding Road 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 for fifteen (15) years after the issuance of the certificate of occupancy. I. The Owner receiving a Road Impact Fee waiver or deferral shall enter into an impact fee agreement with the County Words ~are added; words eW~eek~ are deleted. -S- which aqrsmnt shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by =he Board to effectuate the provisions of this Section: (1) The legal description of the Dwelling Unit. (2) Where a Road 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 Road Impact Construction must be sotd or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Road Impact Fee waivers or defertale paid for with State Housing Initiatives Psr~nership [SHIP] Program funds will only be granted directly to buyers meeting Appendix C 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 within thirty (30) days =hereof, 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 inunediately unless the Dwelling Unit is sold to another qualifying' Owner. (3) For owner-occupied Dwelling Units, the amount of Road Impac~ Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser; provided, however if Road 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 Road Impact Fees deferred shall be Words M/l~are added~ words e4~ are deleted. -6- 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 Road Impac~ Fees have been waived, the O~elling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance wi~h Section 3.04 of this Ordinance for a fifteen (15) year period after the certificate of occupanc7 is issued and if the Dwelling ~hllt is sold to a non-qualifying purchaser, the Road Zmpa~t Fees shall be repaid to the County. If Road Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment wtll be made to the Collier County affordable housing trust fund. (5) The deferred and/or waived Road Impact Fees shall be a lien on the property which 11an 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 recordtr~ of a release of satisfaction of lien in the public records of Collier County. In the case of the 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. Zn the case of a deferral, such release shall be recorded upon' repayment. (6) Annually, the Owner of a rental D~'elltng Unit shall provide to the County Hanager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty 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 ? Words M/l{iEllIr-dare added; words e%~aek-~pe~ are deleted. lov income level as defined in Appendix C exceeds the Affordable Housing benefit standards set forth in Appendix C by more than foz~cy percent (40t), then the deferred Impact Pss shall become im~ediately due and payable by the Ovner or, in t, he alternative, the Ovner shall have ninety (90) days ~o comply vi~ the A~ordabZe Housing s~anda~ds se~ {o~ In X~ndix (7) ~n sa~ls~a~o~ compZe~ion o{ ~he ag~eemen~ r~ir~en~s, ~e C~n~y shall record any necessa~ d~e~t~on evidenci~g same, includ~ng, but not limited to, a release of lien. (8) l~ ~e ~ent the ~er is in default under this sgem~, e~ ~e defaul~ Is ~o~ ~red within thirty (30} days after ~ltten no~lce Is provided ~o ~he ~er, ~he Board ny ~ng a civil a~lon to enforce ~he agreemen=. ~e ~ard shall ~ entitled to recover all fees and coats, including attomey's fees and costs, in~rred b7 ~he Board in enforcing ~is agesmen=, plus interes= a= the s~a~uto~ ra~e for Jud~ents cal~la~e~ on a calendar da~ bas~s until paid. (9) ~e age~en~ shall be binding upon ~he ~er's successors and assi~s. (10) ~e ageemen~ shall be recorded in ~he Official Records of Collier J. ~e amount of Road Impac~ Fee ~aivers and deferrals gan~ed pursuan~ ~he amount a~ropriated ~ the Board at ~ts final public hearing regarding the adoption of ~he annual Count~ budget and the amoun~ allocated to Road/mpa~ Fee waivers or deferrals in ~he Collier County Housing Assis~ance Plan, as created by Collier Coun~ Ordinance No. 93-19. Road Impact Fee waivers and deferrals pursuant to this Section shall begin In the 1993-94 fiscal year or earlier upon receip~ of S~ate Housing IDitiatives Partnership Words~'are added; words e~h aFe.deleted. [SHIP] Program funds. All Road Impact Foes waived or deforred by the Board shall be paid by the Board into the appropriate road lmpac~ fee trust account within six (6) years from the date of the award of a defertel and/or waiver as provided heroin, but in no event, later than the time when that amount is needed for a project: funded b~ those Road Impact Fees waived or deferred. The Board shall pay into the appropriate road impact fee trust account such amounts equal to any Road Impact Fees previously waived or deferred b~ the Board or previously exempted or reimbursed by the Board within six (6} 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 qualify~ng applications are recQived by the County Manager. At least forty percent (40%) of the amount budgeted for Road Impact Fee waivers and/or deferrals must be utilized to fund Road Impact Fee waivers and/or deferrals for single family ow~er-occupied Dwelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix C 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 Road 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 D~elling 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 percent Words ~ are added~ words e~eek-~b ate deleted. -9- (100%) 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 apazl:ment development shall remain Affordable Housing gualifie~t (under Section 3.04 of this Ordinance) for a minimum of 15 years. N. The Board, in its discretion, may agree by Resolution to subordinate its lien for Road I~act 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 E)welling Unite, 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 Doard in its discretion may waive the reouirement of additional or substitute collateral for rental l~ellin~ Units if the ~er or the senera1 DaBliner of ~er is a not-for-profit cOrPOration or oraaDization and the Dwellins Unite to be constructed are detached sinale family houses. The Board. in exerCiSina its ~iscretion shall consider the debt to ecuitv ratio and the ecuit~ gn the Dwellins Units available to cover the Countv's subgrdin~te lien interest. SECTION TWOs Declaration of Zmergency 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. Words underlined are added; words et~~h 4re deleted. -10- SECTlOIS 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. IF~TION FOURs Bffeot/ve Date A certified col~ of this Ordinance, as enacted, shall be filed b~ 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 mall, 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 of conier County, motida, thi, day of/2 , 1995. ATTESTS ' .I/ BOARD OF COUNTY CO~ISSIONERS 'A'~roved as ~f/~o~and Y ~ H~S, Chai~an le~al su~iciency: Heidi'F. Ashton Assis~ant County Attorney ords ~ are ~ed~ word ~~ are deleted. -11- STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk of Courts tn and for the TWentieth Judicial Circult, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 95-28 which was adopted by the Board of County Commissioners via · imeraencv DTOCedUTeS 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 Aprll, 1995. DHIGHT E. BROCK C)erk of Courts And Clerk gx-offtClo to Roard of County Commj.~inner:4