Ordinance 95-29 ORDIN~MqCE 1%/O. 95- 27
AN EMERGEBCY ORDINANCE ~DING COLLI~ ~ ~
CO~ O~IN~ 92-33, AS ~DED, o
R~TING TO ~E COLLI~ CO~ EDUCATIONAL ~ ~
FA~LITIES SY~ I~A~ FEE ORDIN~CE; ~
~ING SE~ION 3.05, ~OVIDING FOR ~
MODIFI~TION OF ~O~SIONS R~TING TO o o
AFFO~LE HOUSING; PROVIDING FOR ~ ~
DE~TION OF ~G~; PROVIDING FOR ~ ' ~
~N~I~ ~ S~BILI~ ~D PROVIDING AN ~ ~
~~ DA~.
~~, the Board of Count~ Co~issioners of Collier CountV
on May 17, 1992 ena~ed Collier Count~ Ordinance No. 92-33,
establishing ~e Collier County ~ucational Facili~ies S~s~em
I~ac~ Fee ~dinance~ and
~$, ~he Board of County C~issioners of Collier County
on Septemir S, 1992, enacted COllier COUnty Ordinance No. 92-65,
amending Ordinance No. 92-33~ and
~S, the Board of County Co~issioners of Collier County
o~ Au~s~ 10, 1993 ena~ Collier County Ordinance No. 93-55,
a~ding ~dl~ance No. 92-33~ and
~~, ~he Board of County C~issioners of Collier County
on Feb~a~ 2S, 1994 ena~ed Collier Coun~ Ordinance No. 94-9,
amending Ordinance No. 92-33] and
~, the Board of County C~isstoners on April 11, 1994
enacted Ordina~ce No. 94-20 further amending Ordinance No. 92-33~
and
~, ~e Board of Coun~ C~issioners on September 2S,
1994 enacted Ordinance No. 94-53 further amending Ordinance No.'
93-22.
NOW, THeFORE, BE IT O~AIN~ BY ~E BO~D OF CO~
CO~ISSION~ OF ~I~ CO~, ~RIDA, ~hat:
8E~ION O~s ~en~en~ to Seo~ion 3.0~ of Collier Count~
Ordinanoe No. 92-33, as amended
Section 3.05 is hereby amended to read as follows:
Section 3.05 Affordable Housing
Words underlined are added; words e~ 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 rental
Educational Facilities 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 Educational Facilities System Impact
Construction shall file with the County Manager an
Application for waiver or deferral, prior to receiving a
Building Permit for the proposed Educational Facilities
System Impact Construction. The Application for waiver or
defertel shall contain the following:
(a) The name and address of the O~ner;
(b} The legal description of the Residential
property upon which the Educational Facilities 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 Educational Facilities System Impact
Construction.
(2) If the proposed Educational Facilities 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
deferral, 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:
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(1) The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, tow, 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
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 thereof
ar~ 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 ow~ership 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 mist be immediately repaid unless
the Dwelling Unit is sold to another gualifying Owner.
(2) The Owner, or if there is more than one
(~ner, one of the Owners, must be a first-time home
kmyer. To qualify as a first-time home buyer, the
Owner must no~ 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) years from the date a
certificate of occupancy is issued for the Dwelling
Unit unless Impact Fee is repaid to the County.
C. To gualify for an Impact Fee deferral, 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 ver~ lov or lov income level, at the
commencement of the leasehold and during the duration
thereof, as those tens are defined in Appendix A and
the amount of rent must be within the Affordable
Housing guidelines 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 Penit 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
Housin~ Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing t~st fund.
For purposes of this Section 3.05, a non-qualified purchaser is a
Person who does no~ 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 D~e111ng Units at
the time the Building Penit 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; provided, h~wever, if the Impact Fee
defertel was paid with State Housing Initiatives Partnership'
[SHIP] Program funds, repayment will be made to the Collier
County affordable housing trust fund.
F. Any Impact Fees waived for an owner-occupied Dwelling
Unit at the time a Building Penit 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
Words ~are added; words e~ are deleted.
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during the fifteen (15) year period after the certificate of
occupanc7 is issued for the Dwelling Unit. If the Impact Fee
waiver was paid with S~ate 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 3.05 of this
Ordirtance for fifteen (15) years after the date the certificate
of ocoupanc7 is issued for Tale Dwelling Unit, the ImpacU Fees are
no longer due ard the lien on the D~elling 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 for{:h in Appendix A. The Impact Fees waived or
deferred shall be a lien on the property until all requirements
under ~hil 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 anniversary date of the issuance
of a certificate of occupancy. If the income of any unit tenter
which originally qualified as vet3/ low or low income level as
defined in Appendix A exceeds the Affordable Housing benefit
standards set forth in Appendix A b~ 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
Owelling 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,
Words underlined are added~ words ~ are deleted.
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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 for
fifteen (1S) years after the issuance of the certificate of
~x:cupancy.
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 Impact Fee waiver or defertel is given to
an Owner who will be selling or renting the D~elling Unit to
a subsequent purchaser or Tenter, the Educational Facilities
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 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 repaid immediately
words talM~are addadS words e~ are deleted.
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unless the D~elling Unit is sold to another qualifying
Owner.
(3) For ~wner-occupied Dwelling Units, the amount of
Impact Fees defsrrsd shall be repaid to the County upon the
sale or transfsr to a non-qualified purchaser; provided,
however, if the Impact Fee deferral w~s 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 the 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
Words ~are added; words e~eek-~eb~b are deleted.
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years after the issuance of the certificate of occupancy
provLded Ovner 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 Dwelling Unit
shall l~rovide 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
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 Mousing 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, th~ County shall record any necessary
documentation evidencing same, including, but not limited
to, a Telsees of lien.
(S) 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 upcn the Owner's
successors and assigns.
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(lO) The agreement shall be recorded kn 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 and defertale in the Collier
County Housing Assistance Plan, as established by County
Ordinance No. 93-19. Impact Fee 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 Educational Facilities System Impact Fee
Trust Account within six C6) 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 Educational Facilities System Impact Fee Trust
Account such amounts e~-ual 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,
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 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 owner-occupied
Owelling Units serving the very low and low income levels.
K. Any changes or amendments to Appendix A or the minimum
[unding requirements adopted in this Section must occur as an
Words ~ are added; words eiF~ee~--Ca~h are deleted.
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ordinance amendment at a public hearing of the Doard of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or Defertel shall be
granted for an Educational Facilities System Impact Construction
project which consists of a Hobile 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
Dwelling Units serving very low and/or low income levels and
meeting all requirements, and subject to all conditions,
Section 3.05 shall be entitled to defer one hundred percent
(100%) of the Impact Fees applicable only to such rental D~elling
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 3.05 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 D~elling
Units, if the Owner provides additional security satisfactory
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 Dwellina Units if the Owner or
the aeneral partner of Owner is a not-for-profit corporation or
oraanization and the D~ellina Units to be constructed are
Words underlined are added~ words s~--t4weuqh are deleted.
------- mmm 888
detached sinale (emily houses. The Board in exercisina its
discretion shall consider the debl: to equity ratio and the euuit~
on the Dwellinn Units available tO cover the Countv'o subordinate
SECTION TWO: Declaration 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)
vote of the membership of the Board does hereby waive notice of
intent to consider this Ordinance.
SECTION TKRE~s 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.
SFJ~TION FOURS Zffeotive Date
A certified col=y of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Deparatment of State of
the State of Florida, as soon after enactment as is practicable
by depositing the same with the postal authorities o[ the
government of the United States for special delivery by
registered mail, postage prepaid, to tho 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 Collier County, Florida, this day of ,
1995.
Words underlined are added; words e~eek--~h are deleted.
~!.. ATTEST: BOARD OF COUNTY COMMI.gSZONE
... COLLIER COUNT FLOP~DA ~/I
a,' [~IGHT E. BR~, Clerk ~~T
. TH~S, C ~an
A~r~ as to fort and
Hsidi F, ~hton
~sis~nt C~ty Att~ey
~ ~e flT~ w~ ~
Words~ are added; words e~k--~ are deleted.
S~A~Z O~ I~,ORZDA ) m cn
CO~NTY O~ COFJ-IER )
Z, DWIGHT E. BROCK, Clerk o~ Courts in and for the
Twentieth ~udJcial Circuit, Collier Count~, Florida, do
hereby cer~l:y that the foregoing is a tr~e copy
Ordinance No, 95-29
which was adopted by the Board of Counter Commissioners via
· c rocedure on the 4th day of April, 1995, during
Regular Session.
WITNESS mW hand and the official seal of the Board of
County Commissioners of Collier CountW. Florida. THis 7tH
day of April, 1995.
DWIGHT F,. BROCK
Clerk of Court~ and Clerk
Rx-of[]cto to Board o[
OeputV Clerk-