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Ordinance 94-04 ORDINANCE NO,, 94- AN OI~INANCE ,I~ENDING COLt~ER COUNTY OI~INANCE NO. 90-8~,, All AMENDED BY COLLIER COUNTY OKDINANCI NO. 91-50, AS FURTHIfi:I AMENDED BY COLLIER COUNTY ORDINANCE NO. 92-91,, AS ~ER AMENDED BY COLY.,TZII COtllslTY ORDINANCE NO. 92-95~ AS ~ ,AMXI~ED BY COLF.,,IER COUNTY OI~INANCE NO. 93-S0~ RELATING TO THE COLLIER COUNTY REGIONAL WATER SYSTE~ I}TPACT FEE ORDINANCE; BY AMENDING SECTION 2.03, PROVIDING FOR A/4~FDM]~[ OF PROVISIONS RELATING TO USE OF MONIES; BY AMENDING SECTION 3.04, PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE MOUSING; BY AMENDING SECTION 3.08, PROVIDING FOR A/4~NDMENT OF PROVISIONS RELATING TO REVIEW REQUIREMENT; PROVIDING FOR MODIFICATION OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board oZ County Commissioners of Collier County on November 27, 1990 enacted Colliar County Ordinance No. 90-86, es~ablishing a Collier County Regional Water System Impac~ Fee Ordinance, as amended; and WH'ERF, AS, the Board of County Commissioners of Collier County on June 18, 1991 enacted Collier County Ordinance No. 91-50, amending Collier County Ordinance No. 90-S6; and W~EREAS, the Board of County Commissioners of Collier County on November 10, 1992 enacted Collier County Ordinance No. 92-91, amending Collier County Ordinance No. 90-S6; and WHEREAS, the Board of County Comm~esioners of Collier County on December 16, 1992, enacted Ordinance No. 92-9S amending Collier county Ordinance No. 90-865 and WHEREAS, the Board of County Comm~ssioners of Collier County on August 10, 1993 enacted.Ordinance No. 93-50, amending Collier County Ordinance No. 90-86. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMNISSIOI~ERS OF COLLIER COUNTY, FLORIDA thatx SECTION ONES Amendment to Section 2.03 of Collier County Ordinance No. 90-S6, am amended Section 2.03 of Collier County Ordinance No. 90-86 is hereb~ amended as followsz Words lKL~are added; words =~r~:h ~r:~ are deleted. Sect.ton 2.03. Use o£ Xonies A · The Board hereby confirms the · establishment of a separate trust account for the Hater System Zmpact Feel which shall be maintained separate and apart Zrom all other accounts of the County. All such Water System Xmpact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Water System Xmpact Fee Trust Account shall be used sole13/Zor the purpose of providing growth necessitated capital improvements and additions to the Regional Water System including, but not limited to: 1. Design or construction plan preparation; 2. Permitting and fees$ 3. land acquisition including an3/costs of acquisition or condemnation; 4. Construction and design of Regional Water System ~uildings, facilities or improvements and additions thereto; 5. Design and construction o£ drainage £acllities required by the construction of Regional Water S3/stem buildings, facilities or improvements and additions thereto; 6. Relocating utilities required by the construction of Regional Water S3/stem buildings, facilities or improvements and additions thereto; 7. landscaping, incident to or necessitated by the expansion of the Regional Water Syb~em; S. Construction management or inspection; 9. Surveying, soils and material testing; 10. Acquisition of plant or equipment necessary to expand the Regional Water System; ll. Repayment of monies burrowed from an3/budgetary fund of the County, including monies burrowed subsequent to the adoption of this Ordinance or its predecessor in function, which were used to fund growth impacted improvements and additions to the Regional Water System as hersin provided; Words ~ars added; words :~r~:~: ~hr:=g~ are deleted. -2- 12. Payment of ;rrincipal and Interest, necessary reserves and costs of issuance under an~ bonds or other indebtedness issued by the County or District to fund ~r~rth impacted isprovsments and additions to the Regional Water l). Reimbursement of excess Developer Contribution Credit pursuant to Section ~..06 e~ ~ Fees ~ 14. To the extent provided by lay, rsJ~burseeent or refund of costs incurred by the County in the ~reparation of the I~pact Fee Study adopted pursuant to Section 1.03 and any amendments or supplements adopted pursuant to Section 3°08 and any other administrative costs incurred lr~ the C~unty. C. F~nds on deposit in the Water 2ystee Impact Fee Tr~st Account shall not be used for any expenditure that would be classified as a x~inten~ncs or repair expense. D. The ~onies deposited into the Water System Impact Fee Trust Account shall be used solely to provide i~proveeents and additions to the Regional Water System required by 9Tovth, generated by Water System I~act Development, and including, but not limited to, expected ~rovth addressed in the master plans listed in Appendix D of this Ordinance° E. Xny funds on deposit which a~'e not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited In the Water System Impact Fee Trust Account and used as provided herein. To the extent permitted by lay. any interest accrued on rm~ac~c Fees vhich is not ~aeded for i~rovements and additions tO Reaional Water System say. at the discretion of the Board, used to fund waivers or dererrals of Impact Fees ~ursuant Section ~.04 o~ this Ordinance. F. Xny person vho is the ourrent owner of the property on behalf of which a e~s~em Development Charge was paid, pursuant to Collier County Ordinance No. 86-66~ as amended by Collier Words ~ are added~ words :tr*=ck ',hr;=~ are deleted. County Ordinanoe Noo 87-45 and Collier County O=dlnancm Woo h~ld~n~, stature, ~ alteration prior to Decemir 31, 1997 shall ~ eligible ~ a refund ~on ~k~n~ a t~aely raft, ~f ~e ~lding, stature or alteration either was no~ au~or~zed to conne~ to the Regional Water System ~ DecOr 31, 1997, or ~f ~e ~ty does n)t have an a~r~ed plan for cohesion of ~e ~lld~ng, stature or alteration to ~g~o~1 Water Syst~ ~ Dece~r 31, 1997. Ref~ds due ~der ~ese c~r~nces shall h ~de only ~n accordance w~ the fo11~lng ~ed~ef 1. ~e ~en ~ent ~er shall petition the Board for ~e refund ~ to the end of ~e f~scal year ~nediately foll~ng ~e e~ of the f~scal year ~n ~ch ~c~r 31, 1997 falls. 2. ~e pet~tZ~ for refu~ shall ~ admitted to the ~ty ~nager, on a fo~ a~r~ed ~ ~e (a) A ~om stat~ent ~at ~e petitioner ~s ~e ~en ~en~ ~er of ~e prope~y on ~half of which ~e Syst~ D~el~ent cha~e was paid$ (b) A c~ of ~e dated recei~ issued for pa~ent of such charge or such o~er record as w~ld ~nd~cate pa~ent of such c~e] (c) A ce~ified c~ of the latest recorded deed or other lnst~ents evidencing title~ a representation ~at ~e most recent recorded deed or other tnstments refle~ ~e exa~ names of all ~ent legal ~ers$ a representation that the petitioner w~11 notify the County of any change in the statue of legal ~ership ~lch ~s prior to any refund fr~ ~e Countyy (d) A copy of ~e most recent ad valorem tax bill. 3. Within ninety (90) da~s fr~ the date of roceipt of a petition for ref~d, ~e Co~ty ~nager w~ll advise the Words ~ are added~ w~rds =~r=ch ~r=ug~ are deleted. -4 - petitioner and the Board ot the status ct the Byetam Development charge requested tot refund, and if such charge has not hen expanded or enctmbered within the applicable time period, then it shall be returned to the petitioner. For the purposes ot this Section, charges collected shall be deemed to be spent or encumbered on the basis ot the first ~ char~e in shall be the tirs. t ~ee ~ ou~. C. The Impact Fees collected pursuant to this Ordinance .i. shall be retu~ed to the then current Owner of the PTopert~ on !~:'- behalf ot which such tea was paid it such fees have not been expanded or encumbered prior to the end ot the fiscal year ismediately following the seventh anniversar~ ot the date upon which such tees were paid and a timely petition made. Refunds shall be made only in accordance with the tollowing procedurex 1. The then current Owner shall petition the Board for the retund prior to the end ot the fiscal year immediately following the end of the fiscal year in which the date of the seventh anniversar~ of the date of the pa]ment of the Water System Impact Fee occurs. i' 2. The petition tot refund shall be submitted to the ~', County Hansget, on a fore approved by the County Kanager, and ~[' shall containt 'i (a) X sworn statement that the petitioner is the ,~ then current legal Owner ot the property on behalf which the Zmpact Fee was paid] (b) A copy of the dated receipt issued for payment of such fee, or such other record as would indicate payment ot such ! (c) a certified copy ot the latest recorded deed or other instruments evidencing title] a representation j. that the most recent recorded deed orother instruments . evidencing title reflect the exact names of all current i( legal owners] a representation that the petitioner will Words ~ are added] words :~:=:~ '~ ...... are deleted. notify the County of any change and the status of legal owner,hip which occur, prior to any refund from the ;~! (d) A cow of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of "; a petition for refund, the county Manager will advise the petitioner and the Board of tbe~ status of the Impac~ Fee requested for refund, and if such Impact Fee has not been expended or encumbered within the applicable time period, · then it shall be returned to the petitioner. For the " purposes of this Section, fees collected shall he deemed tO ,~.I he spent Or encumbered on the basis of the first fee in shall ;!' be the first fee cut. H. The fact that an Owner receives s refund does not excuse the property from later being subjected to payment of impact fees ~:C. under this Ordinance upon otherwise being characterized as Water System Impact Development. I. An Owner entitled to a refund who fails to timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall he entitled to retain and apply the impact fees for growth :, necessitated capital improvements and additions to the Regional ,/. Water System. NBCTXON TWO. amendment to Seerion J.04, Affordable Xousing of Co114er C~unty Ordinanoe Xo. e0-Sl, as amended Section 3.04 is hereby amended to read as follows= Section 3.04. Affordable Housing ~t. 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 Water System Impact Development which qualifies as Affordable Housing under Appendix A of this Ordinance. 1. Any person seeking an Affordable Housing waiver or deferral for proposed Water System Impact Development shall . ,.= 065 Words ~ are addedl words :',r_':~ thrcug.~. are deleted. file with the County Manager an application for waiver or deferral, prior to receiving a Building Permit for the proposed Water System Impact: Development. The Application £or 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 W~ter System Impact Development 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 rented7 (d) The number of bedrooms in each Dwelling Unit of the Water System Impact Development. 2. If the proposed Water System Impact Development Rests the rs~uirements for an Affordable Housing waiver or defsrral 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 Feepursuant to Section S. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following oriteriax 1. The Owner(s) or anticipated O%mers of the Dwelling Unit~ust have a very low, low, or moderate income level~_A~ the time of issuance of the Impact Fee waiver or deferral. as those terms are defined in Appendix AA and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix A. Unit shall cualifv as owner-occupied if a lease-PurchaSe acreement is in effect at the date of ~ssuance of the ImDac~ Fee waiver or de[erral. or within thirty ~30~ days thereof. and within twenty-four {24) months from the date of issuanc~ of the certificate of occupancy or the execution of the '00~ '~5"~' Sl Words~are added$ words :~r;ck ~hrcu;~ are deleted. -7- · - leaee-nurchaes a~resment. ~chever {s Xater. the oation to ~urchasa is ewercimed and the nutchaser takes o~nerahiD of the Dwellins Unit. Zf the Dutchseer fails to uurchaee the ~ellinc Uni~ within the twenty-four (24) month period. then the waived or defe~ed YmDa~ Fee ~st be i~ediatelv repaid unless the ~elltna Unit is sold to another ~ali~vin~ ~er. 2. ~s ~sr, or i~ ~ers is more ~an one ~ ~ar, o~e ~ of ~s ~ers, rest ~ a Zirst-tima h~e ~ysr. To ~ali~y as a first-tins h~s ~er, the ~ar ~st not have had an ~ership interest in~~prima~ residence in the past three ~3)~ years. 3, ~e )elllag Unit ~st be the h~estead oZ ~e ~er(s). 4. ~s ~ellin~ Unit ~st reNin XZfordabls R~sinV ~or ZiZtsen ~ years Zr~ the date a cs~iZicats oZ ~pan~ is is~ for ~s ~sllin~ Unit.~ Y~aGt F(e is ranaid to the C~nty, C. To ~aliZy Zor an I~a~ Fee DeZa~al, a ~ellin~ Unit offered ~or rent mst meet all o~ ~e Zoll~in~ ~iteria: 1. ~e household renting ~s ~sllin~ Unit ~st have a ve~ 1~ or 1~ Anode level. at the cmsnc~ent o~ the leasehold and the duration th(~eo~. as those tams are defined in l~endix ~ and the am~nt o~ rent ~st ~ within the Affordable Housing ~idelinss established in Appendix ~. 2. ~s ~elling Unit must be the household's pemnent residence. D. All Xmpac~ Fees defamed ~or ~er-oc~pisd ~ellin~ Units a~ the ~ima ~hs Buildin~ Psmi~ was issued shall backs due and payable and shall Me imedia~ely repaid ~o ~he County upon ~ha sale o~ ~e ~sllin~ Uni~ ~o a non-~ali~ied ~rchasar ~ Words ~a=e added~ words :~=u:~ ........ are deleted. -S- pr~idsd, h~evsr, i~ ~s l~a~ Fee dsts~al was paid with State H~si~ lnitiativs~ Pa~nershtp [SHIP] ~am funds, rspa~en~ will ~ ~ds to the Collier County a~fordabls housin~ t~st ~und. For the ~ses o~ this Se~ion 3.04. a non-~ali~ied nurchaser is a Person ~o does not satisfy the ~ffordabls ~sinc ~iteria ~et fo~h in subse~ion S a~s or a Person who does not a~es the tems o~ the ~aiver or de~e~al o~ imna~ fees a~eement. · . ~a I~a~ Fees deleted for rental ~ellin~ Units a~ the time ~s Buildin~ Pemit was issued shall bec~s due and shall ~ insdiately repaid to the C~nty u~n ~ ~ ~ ~ ~ ~ ~ the disconti~ance o{ use o{ the ~ellinQ Unit as A{{~dable H~sinQ or {i{tsen ~ years {r~ the date o{ ls~ance o{ the ce~ificata of oc~pan~, ~ichever ~rs {irst. F. ~ l~a~ Fees waived Unit at ~e time a Buildin~ Penit us is~ed shall ~c~e due and payable and shall ~ imediately repaid to ~ellin~ Unit ~ ~ ~ ~ is sold or transfe~ed to a non~alified ~rchaser d~in~ ~i~taan ~ year peri~ a~tar the ce~i~icate issued ~or ~a ~ellin~ Unit. I~ the Impact Fee waiver was paid with State Housin~ Initiatives Partnership [~IP] ~am ~unds, repayant will ~ ~de to ~e Collier C~n~ a~ordable h~sin~ t~st fund. I~ the ~ellin~ Unit is used as A~ordable ~sin~ ~ ~ ~ull ~ ~ ~ in comnliance with this OrdiEanca ~or ~i~teen ~lS~ years a~ter the date the certificate o~ oc~Dan~ is issued ~or the ~ellinc Unit, the Impact Fees are no lon~er due and the lien on the ~ellin~ Unit shall ~ released. ~. ~e percentage o~ the t~tal Impact Fee which shall waived or de~e~ed ~rsuant to this Section ~or an ~er-oc~pied or rental ~f~ordable Housin~ ~ellin~ Unit shall be the ,o. 065,,- Words~are added; words :~r~c~:~hrcu~h are deleted. -9- percentage set forth in Appendix A. ~hs Impact Fees waived or deferred shall ba a lien on the propsr~y until all requirements under this Section hays been satisfied, X. 1. Annually, the Owner of 4~e ~_rallrA1 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 oriainallv auaiified as very low or low income live1 as defined in ADDendi~ X exceeds the Affordable Housina. ~neZit standards se~ forth in Appendix A by more than fort? Barcent f40%1, then the deferred TmDaC~ Fee calculated from the di=s the Buildins Permit was issued shall become immediately due and ~avable by the Ov~er or, in the alternative. the C~/~eT shall have ninety f901 days to com~lv with the Affordable Housina !tandards set ~orth in APPendix A, 2- If the household income of the aualified owner-occupied Dwellins Unit rises above the benefit standards for waivers and defcrrals set forth in APPendiX A. the Owner shall maintain the WaiVer and/or defertel. Notvithstandina the forecoins. all outstandina ImPaCt Fees waived or deferred shall be repaid in full UDOn sale or transfer of .the Dwellins Unit to a non-aualified ~urchasar. except for waived Tm~act Fees where the Owner has ccnnDlied with the Affordable H~usina criteria lit in this Section 3.04 for fifteen {151 veers after issuance of the certificate of occupancy. Z, The Owner receiving an Impact Fee waiver or defertel 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 4~ Board to effectuate the provisions 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 : Words MlldJrlJaldare addsd~ words eWMeh-%hx~kare deleted -10- Unit to a ,ub,equent purcha,er or tenter# the Water my,tea Impact Development must be sold or rented to' households meeting the criteria set forth in this Section ~ 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. Unit shall qalify as ~vner-occupied if a lease-purchase aCresmerit is in effect at the date of issuance of the Zmnact Fee waiver or defertel or within thirty f301 days thereof. and within twenty-four ~241 months from the date of issuance of the certificate of occupancy. or the execution of the lease-purchase acresmerit. whichever is later. the oution to purchase is exercised and the marchaser takes ownership of the Dwellin~ Unit. zf the purchaser fails to purchase the Dwellins Unit within the twenty-four f241 month period. then the waived or deferred Yenact Fee plus interest at the rate of six percent per annum calculated from the date the Buildine Permit was issued will be required to be repaid immediately unless the Dwellin~ Unit is sold to another cualifvina Owner, 3. For owner-occupied Dwell(~ Units, the amount Impact Fees deferred shall be repaid to the County upon the saler ~ ee _~i:::r.'.Inu---r.:; ef yea ef %~e ,~ or transfer to a non-Qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [ SHIP ] Program funds, repayment wil 1 be made to the Collier County affordable housing trust ~und. For rental units, the Impact Fees deferred shall Ms repaid upon ~ the discontinuance of use of the Dwelling Unit as J~fordable Housing or fifteen ~ years £rom the issuance of a certificate of occupancy, whichever occurs ,o. 665,, 35 Words ~ are added~ words e4~P~eh-4~hx~½ are deleted. -11- .. 4. F~r ovner-occupied ~sllin~ Units ~hsrs Fsss ~vs ~sn ~aived, ~e ~ellin~ Unit ~st bs utilize~ ~ the oriainal ~alifvin~ ~e~. or ~bse~en~ ~alifvina ~ ~ ~ Xffordabls H~sin~ in c~liance ~ith Ss~ion 3.04 of ~his ~dinanca for a fifteen ~ year ~rl~ after the certificate oZ oc~pan~ is issued and the ~sllinV Unit ~ ~ ~ ~ ~ is S~ld ~o a non-~alifvina ~chassr, ~s shall bs repaid to the C~nty. XZ X~a~ Fsss wsrs paid ~i~ State H~sin~ lnitiative~ Pa~nership [~IP] f~s, rspa~nt rill ~ rids to ~s Collier C~ty affordable h~sin~ t~st fund. ~ ~ 5. ~s dafa~sd and/or vaivsd l~a~ a lien on the props~y vhich lien may ~ foreclosed upon in the event of non-c~pliancs vith the retirements ~s a~ssmsnt. ~e aaree=ent des~i~d harein shall ooarats as a lien aaainst the ~sllina Unit. ~s lien · Vhall taninane uoon the recordina of a release aatisfaction of lien in the oublic records of Collier County. ~n the case of a vaivev. such release or sa~isfaction shall be filed fifteen years after the issuance of the certificate of oc~oancv vrovided ~e~ acted in c~oliance vith the a~eement or uoon reoa~ent. ,oo, 065, 36 ~rds~arw added; ~ords :~:u;~ ........ Yn the cast of s deferreX. such release shall be recorded unon renavment. 6. Xnn~allv. the Owner of ~he a rental Dwellins Unit shall nrovide to the County Mariacar an affidavit ccmnliance with the criteria set forth in this Section. ~n affidavit must be filed within thirty [301 days of the anniversary data of the issuance of a certificate OCCunancv. Zf the income of any unit rentmr which originally cualifisd as very lay or l~v income Xaysl as defined in Xnnendix A e~ceeds the Xffordable Roustna hensfit standards set forth in A~uendix X .~v more than forty ~ercent f40%!. then the deferred Zmnact Fee shall become immediateIv due and nayable by the Owner or. in the alternative. the Owner shall have ninety (901 days to comply with the Affordable Rousina standards set forth in 7. Upon satisfactory completion 0£ the agreement requirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. S. The agreement shall be binding upon the Owner's successors and assigns. 9. The agreement shall be recorded in the Official Records o~ Collier County. ~. The amount o~ Impact Fee waivers and defertale granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board o~ County Commissioners at ~he4e its final public hearing regarding the adoption of the annual County budget and t~e amount allocated to Impact Fee Words MZ~ars added~ words :~r;c~ ~hrcu{~ are deleted, waivers and defertale in the Collier County Housing Assistance Plan, as established by Collier County Ordinance Noo 93-19o 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. eke rm~act Fees waived or deferred shall be ~aid by the Board into the water system impact fee trust account within seven (7) veers from the date of the award of a waiver and/or de~erral as orovided herein. but in no event. ~e later than that time When that amount is needed for a pro~ect funded by those Impact Fees waived or deferred° The Board shall oar into the water system impact fee trust account such amounts eaual to any Tm~ac~ Fees nrevi~uslv waived or deferred by the Board or nreviouslv exempted, or Eeimbursed by the Board within seven [7) years ~rom the date of such waiver. defertel. exemption or reimbursement. but in no event later than the time such amounts are needed ~or a pro~ect ~unded by those Impact Fees ~aived. deferred. exempted or ~ Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Xanager. Xt 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 defertale for single family owner-occupied Dvelling Units serving the ver~ low and lo~ income levels a~d wh~eh a~e ~ b~ ~ ~ ~ess X. Xn)/changes or amendments to Xppandix X or the minimum funding requirements adopted in this Section must occur as an 'ordinance amandment at a public hearing of the Board of County Commissioners occurring alter 5:00 p.m. L. No Xffordable Housing waiver or deferral shall be ~ranted for a Water System Impact Development pro~sct which consists of a Xoblle Home. Words ~ are added; words ....... '~ ...... are deleted. -14 - M. Although this Section Ls 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 defertel for existing Dwelling Unite which are characterized as Water System Impact Development, provided such housing otherwise meets the requirements of this section qnd 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 connection of the Dwelling Units to the Re~ional Water System. SECTZC~ ~l S amendment to Scotion 3.08 of Collier Count~ Ordinance Wo. 90-ll Section 3.02 of Collier County Ordinance No. 90-86 is herel~ amended to read as lolloval Section 3.08. Xev~e~Requirement. A. This Ordinance and the master plans shall be reviewed by the Board initially in connection with its approval of the Capital Ilprovement Element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance shell be reviewed at least years. The initial and each enne~ review shall consider new estimates of population per household, costs related to the accft3ilition Of land, buildings, capital plant and necessitated by growth and adJustt$ents to the ass~eptions, conclusions and findings set forth in t~e master plans adopted by Section 1.03. The purpose of this review is to ensure that the Water System Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by new construction or use of the Regional Water System by users who have heretofore not connected to the Regional Water System and who have not paid Impact Fees. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section 1.03,, revises or changes the Regional Water System or alterl or changes the amoun~ Words MJl~are addedl words ~r~ ~:~ are deleted, Impact Fees, the master plans adopted b~ reference in Section 1.03 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section 1.03 shall be amended to adopt by reference such updated studies. SICTIOi FO13Rs Xaendment to Xppendix X cf Collier County Ordinance Wo. S0-SSw as amended Appendix A is hereby amended to read as follows: APPENDI~ X AFFORDABLE HOUSIHG DZFINXTIONS, BENEFIT STANDARDS, AND LIMITATIONS The following set forth the applicable definitions and benefit standards for Affordable Housing D~elling Units for the purpose of determining eligibility for Impec~ Fee waivers end defertale (herein referred to as DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS e) Ver~ low income families means those families whose incomes do not exceed fifty ~ercent f50%~ of the median income for the area as determined by the Secretary of the Department of Housing and Urban Development (area median income). b} Low income families means those families whose incomes are more than fifty percent [50%1 and do not exceed sixty percent 160%1 of the area median income ~s determined bv the Secretary of the U.S. Department of Housina and Urban Development [area median c] Hodsrate income families means those families whose incomes are more than sixty percent ~60%1 and do not exceed eiahtv percent ~80%1 of the area median income as determined bv the Secretary of the U.S. Department of Housin~ and Urban Develoument [area median incomel. For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage pa}lent, including property taxes and insurance shall not be in ~xcess of thirty percent 130%1 of the families household income. I, no instance will rental limits exceed the rental limits established bv the Florida Housina Finance Xaencv for rents adjusted to bedroom size in pro~ects assisted under the SAIL Loan Promram or the Low Income Housina Tax Credit Procram based on unit size. II BENEFIT STANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very low income families and which are the owner's homestead shall have one hundred uercent f100%l of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very low income families shall have ~ percent [100%1 of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner-occupied Dwelling Units which exclusively serve low-income families and which are the owner's homestead shall have Ziftv percent ~50%1 Of the applicable Impact Fees waived and have fifty percent [50%~ of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. a ed~ Words~ are da words e~are deleted. -16- .... d) Affordable Rousing rental Dvelling Units vhlch · exclusively serve lo~ income families shall pay fifty netcent ;'~ 150%1 of the applicable Xmpact Fee, and shall have f50%1 of the applicable Xmpact Fee deferred, pursuant to the tens of the l~pac~ Fee Ordinance. e) Affordable Housing o~ner-occupied Dwelling Unite which exclusively serve moderate income families and which are the o~ner'e homestead shall be required to pay seventy-five percent £75%10£ the applicable lmpac~ Fee, and shall have percent (25%1 of the applicable lmpac~ Fee deferred pursuan= to the terms of the l~pact Fee Ordinance. f. Water System Impact ~ ~ meets the criteria set for~31 in Subsections b and c of Section 3.04 constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent 1100%1 government funded shall have ore hundred ~ercen= f100%1 of the Impact Fees for that construction waived, pursuan= to the terms of the Impact Fee Ordinance. NOTE: An Amendment to the Appendix shall require e public hearing of the Board of County Commissioners occurring after 5:00 IIC'I'ZOI !'1'VII eouflAat and leverability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the Anterest 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 portion thereof. I~CTIO~ IXXt =fleetire Date This Ordinance shall become effective upon receil~ of notice from the Secretary of State that this Ordinance has been filed with the Secretary of Words ~ are added$ words :~-r-'-ch ~_~.r=;;.~.are deleted. = -17- PASSZD AND D~! ADOPTED by the Board of County Co~missioners o~ Collier County, Florida, this /~ day of 1994 · * '~ z.**~, clsr~ ~zn ~, 1~al ~fficienqs > Words ~ ars added/words -' ..... L ...... are deleted. STATE C;F FLORTDA ) COUNTY OF COLLIV'R ) I, DWIGHT g. BROCK, Clerk ~f Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true coN./oft Ordinance No. 94-4 which was adopted by the Board of County Commissioners on the i6th day of FebruaxT, 1994, during Special Session. WITTrESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of February, 1994. DWIGHT E. BROCK · Clerk of Courts and Clerk,%."s'%~ ~.: ,. v-x-officio to Board of .~'. ° ' County Com.~tsstoners , ', : ,"':,' /s/Maureen enyon ' ',' Deputy Clerk · . ~ ,