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Ordinance 94-06 . ORDINANCE NO. 94- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO, 22-96, AS AMENDED BY ORDINANCE ROo 91-39, FURTHER AMENDED BY ORDINANCE NO, 92-29, AS AMENDED BY ORDINANCB NO. 92-97, AS AMENDED BY ORDINANCE NO. 93-52 RELATING <' r~, THE COttIER COUNTY PAI~S AND RECREATIONAl, ELITIES IMPACT FEE ORDINANCE; AMENDING ';a -' " 2.02 AND SECTION 3.02, PROVIDING FOR OF PROVISIONS RELATING TO USE OF IES; AMENDING SECTION 4.05, PROVIDING FOR 0IFICATION OF PROVISIONS RELATING TO FFORDABLE HOUSINGS PROVIDING FOR HODIFICATION OF APPENDIX I; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the Board of County Commissioners of Collier County on December 13, 1988 enacted Callter county Ordinance No. aS-96, establishing a Parks and Recreational Facilities Impact Fee Ordinance S and WHEREAS, the Board of County Commissioners of Collier County on Hay 22, 1991, enacted Collier County Ordinance No. 91-39, amendinq Ordinance No. 88-96; and WHEREAS, ths Board of County Commissioners of Collier County on May 6, 1992 enacted Ordinance No. 92-29, which amended Collier County Ordinance 88-96; and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Collier County Ordinance No. 92-97, amending Ordinance No. SS-96; and WIrZREAS, the Board of County Cox=lssionars of Collier C~unty on August 10, 1993 enacted Collier County Ordinance No. 93-52, amending Ordlnancs No. SS-96. WHEREAS, the Board of County Commissioners of Collier County is desirous of amending the provisions of Ordinance No. 28-96, as amended, relating to af£ordable housing. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that= BICTIOll olr~s amendment to Section ~.02 of Collier County ordinance No. as-aS, as amended Section 2.02 of Collier County Ordinance No. 88-96 is hereby amended as follows= Section 2.02. Use of Honies ,o. 065 -,, 60 .~. Words ]all~fElJaBa are added; words ='.:-;c~ ~hrcu;,~. are deleted. -1- a. The Board hereby establishes a separate trust account for the Rs/io.n. al Park Zmpact Fses~ to be designated as the ,Regional Park Zmpact Fee Trust Accounts which shell Reinrained separate and apart from all other accounts of the County, All such Regional Farm Xmpact Fees shall he deposited into such trust account immediately upon receipt. b. The monies deposited into the Regional Farm Zmpac~ Fee Trust Account shall be used solely for the purpose of providing ffrovth necessitated capital improvements and additions to the Regional FarMs within the County including~ but not limited l, Design and construchion plan preparation; 2, Fersitting and fees; 3, Land and materisis scquisition including any costs of acquisition or condemnation; 4 · Construction and design of improvements and additions to Regional Parks; So Design and construction of nsv drainage facilities required by the construction of improveseats and additions Regional Parks; 6, Relocating utilities required by the construction of isprovssents and additions to Regional FarMs; 7. Landscaping; S, Construction management and inspection; 9, Surveying, soils and material testing; 10, Acquisition of capital squllmsnt for Regional Parks; ll. Repaysent of monies transferred or borrowed from any budgetary fund of the County subsequent to the adoption of this Ordinance, which vers used to fund any of the ffro~th impacted improvements or additions as hersin provided; 12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indsb%edness issued by the County to fund ~rov~h impacted improvements and additions to the Regional Parks subsequent to the adoption of this Ordinance; and Words ~ are added; words :'-r~:~ '-~::=~.~. are deleted. due an ~licant ~rsuant to Se~ion 4,08 ~ ~ ~ ~ 14 · Deei~ and cone~ion oZ roadway re~lr~ ~ ~ional Park 15, To ~e e~en~ F~ided ~ la~, rei~rsemsn~ or reE~d o~ costs in~ed ~ ~e C~y in ~he preparation a~ ~ts to ~s I~a~ Fee Study ad~ted ~r~ant to se~ion 2,04 and a~y amendants or ~ppl~ents adopted ~rsuant to 2e~i~ 4,09 and any o~er a~inistrativs costs in~ed ~ the C~ty, ~ds on de~sl~ In ~e R~io~al Park rmpa~ Fee ~s~ Acc~n~ shall not ~ used Zor an~ e~enditure tha~ ~ld ~ classiZied as a maintenance or r~air o, ~e m~les de~s~tsd ~nto ~e Regional Park l~a~ Fee ~st Acc~t shall h used solely to finance i~r~aents and additions to bgional Parks retired ~ ~ as pro~e~ed ~n ~e Z~a~ Foe Study. d. ~ ~ds on deCsit which are not i~ediately necessa~ ~or e~e~it~e s~ll h invested ~ ~e C~ty, All inc~e derived Zr~ ~ch investonto shall h deCsited in ~e R~lonal Park Z~a~ Fee ~s~ Account and used as pr~ided heroin, the e~O~ Ui~itted ~ lay. any interest ac~ed on Reolonal Park ZmDa~ Fees ~ich Is not nea4H for i~r~ements and additions to the Regional Parks may. at the dis~etion of the Eoard, be used to fund waivers or defe~a~ or Regional Park ZmDact Fees pursuant to Section 4.0~ of this Ordinance. e, ~e Regional Park Z~act Fee colle~ed ~rsuant to this Ordinance shall h returned to the ~en ~ent ~er oZ prope~y Zor which such ZoI was paid i~ such ~oes have not been e~ended or en~rod prior to ~e end o~ the ~iscal year l~ediatoly ~oll~ing ~e sigh anniversa~ o~ ~e date upon which such ~ees were paid. Re~und~ shall be made only in accordance with the Zoll~lng precedes: ~ords ~ are added~ words :t~c~ th=:u~ are deleted, -3- !;~ l. The then current Owner =ust petition the Board for the refund prior to the end of the fiscal year immediately .' foil,vine the ,ixth anniversary of the date of the payment of ; the Re~ional Park Xspact Fee. 2. The petition for refund ,hall be ,ubmitted to the parks and Recreation Director, and ,hall contain: a) A notarizsd sworn statement that the :' petitioner is the then current Owner of the property for ,, '~:~ Which the Impact Fee was paid; b) A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such ,~:, .; c) A certified copy of the latest recorded deed; ~.;~ and , d) A cc~y of the Best recent ad valoram tax bill. J. Within three (3) months from the date ~:. a petition for refund, the Parks and Recreation Director will advise the petitioner and the Board of the s~atus cf the Impact Fee requested for refund, and if such Xmpact Fee has .. ' not been expended cr encumbered within its applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered ~n the basis of the ~Arst fee An shall be the first fee out. f. Xnv Owner entitled to a refund who fails timely netiticn for a refund u_uon hecomin~ eliaibla to / r shall be deemed to have waived any claim for a refund. and the ~:' : County shall be entitled to retain and a~lv the Impact Fees for _crowth necessitated canital lmnrovements and additions to the County Ite_~ional Park System. SECTBOll TWOS Xasndment te Section 3.02 of Collier County Ordinance No. IS-IS, as amended Section 3.02 of Collier County Ordinance He. 88-96 is hereby amended as follows: BOOK word, ]~ are added1 words ~ are deleted. -4- a, The Board hereby establishes separate trust accounts for the Cosmmnity Park Xmpac~ Fees, to be' designated as the wZmsokalee C~mmunity Park Zmpac~ Fee Trust Account"# wMarco CoRmunity Park Impac~c Fee Trust Accountw, and wNaples and Urban Collier County Community Impact Fee Trust Account", which shall be maintained separate and apart: from all other accounts of the County, All Community Park Zmpac~ Fees shall be deposited into the respective Courtunity Park Zmpac~ Fee Trust Account l--ediately upon receipt, b. ~he nonice deposited into the respective Community Park Zmpact Fee Trust Account shall be used solely for the purpose of providing grouch necessitated capital improvements and additions to the Community Parks within that Com~uni~ Park District including, but not limited fox 1. Design and construction plan praparattonl 2. Permitting and fees/ 3. Land and materials acquisition, lncludtn~ any costs o~ acquisition or condemnation; 4. Construction and design of improvements and additions to Community Parks~ 5. Design and construction of new drainage facilities requlred by the construction of improvements and additions to Ccmnuntty Parks~ 6. Ralocatlng utilities required by the construction o~ Improvements and additions to Community ParksX 7. Landscaptnq~ S. Construction management and lnspectton~ 9. Surveying, soils and matarlal testtngy 10. Acquisition o~ capital equipment for Communtt~ Parks; 11. Repayment of monies transZerred or borrowed ~rom any budgetary Zund of the County subsequent to the adoption of this Ordinance, which were used to fund 9rowth impacted improvements or additions as herein provided; Words~are added~ words =~r==~ ~hr==~h are deleted. -5- X2. Paysent of principal and Anterest, necessary reserves and costs of issuance under an~ bonds or other indebtedness issued by the County to fund ~ro~h impacted lsprovmnts end additi~s to C~nity Parks subse~en~ to the adoption ot thle ~dinance~ and 13. Rel~suen~ ot excess C~ni~ Park ~mpa~ Fees due an X~li~nt ~ant to Se~ion 4.08 e ~ ~ 14. Desi~ and cons~ion o~ roadva~ improvemen~s r~ired ~ C~i~ Park ~Zacili~ies. ~5. To ~e e~en~ pr~ided ~ lay, rei~rsemen~ refund o~ costs inked ~ ~he C~n~y in ~e preparation an~ u~a~e ~0 ~e lmpa~ Fee S~udy adopted ~rsuan~ ~o Se~i~ ~. 04 and a~ amendments or s~l~en~a a~ed ~an~ ~o Bedion 4.09 and any o~er a~lnis~ra~ive ~da on d~sl~ in ~e re~e~lYe C~i~ Park l~a~ Fee ~s~ Xc~s shll no~ ~ used Zo: any e~endl~e ~a~ ~ classiZied as a ~in~enance or repair e~ense. ~. ~e ~ne~ deCEiVed into ~e C~i~ Par~ l~a~ Fee ~s~ Acco~ shall ~ used solely to praise i~r~emen~s or additions ~o C~l~y P,ks vi~in ~e C~i~y Park Dls~rl~ ~ra ~ich l~ vas colle~ed and ~ich is re~i:ed ~ ~h as provided in ~he r~a~ Fee S~ud~. d. ~ Zunda on deposi~ ~ich are no~ iuedia~e~ necessa~ Zo: e~endi~u:e shall ~ ~nves~ed ~ ~e Coun~. All inc~e derived Zra such inves~en~s shall ~ deposited respe~ive C~i~y Park Zmpac~ Fee ~s~ Accounts and used as pr~ided herein. To ~he e~en~ ~e~i~ed ~ lay. any in~eres~ ac~ed on C~unl~v Park ~a~ Fees ~ich is no~ needed im~ements and a~itions to the C~ni~v Parks may. a~ disc~e~ion o~ ~he Board. be used ~o fun~ vaive:s o: defersis o~ Co~ni~v Park ~m, ac~ Fees ~,~sua~ ~o Section 4.05 o~ .. 065,,c[ 65 Words ~ are added~ words -'----~ '~ ...... are deleted. -6- e. The CoBsunity Park Ze~act Fee collected pursuant to this Ordinance shall be returned to the then current owner of the property for which such fee was paid if such fees have not been expanded or encumbered prior to the end of the fiscal year inmediately following the sixth anniversar~ of the date upon which such fees were paid. Refunds shall be made only in accordance with the following proce. dureg 1. The then current O~mer must petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the CoRmunity Park Zmpact Fee. 2. The petition for refund shall be submitted to the Parks and Recreation Director, and shall containt a. X notarized evorn statement that the petitioner is the then curtsar Owner of the property for which the Impact Fse was paid; b. A copy of the dated receipt issued for payment of such fee or such other record as would Indicate payment of such feey c. A certified cop~ of the latest recorded deed~ and d. Jt copy of the most recent ad valeram tax bill. 3. Within three (3) mon~ from the date of the receipt of a petition for refund, the Parks and Recreation Director will advise the petitioner and the Board of the status of the Trapact Foe requested for refund, and if such Impact Fee has not been expanded or encumbered within its applicable time period, then it shall be returned to the Petitioner. For purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fes out. f. Any owner entitled to a refund ~ho fails to file a timslav petition for a refund upon becomina eliaible tO do so shall be deemed to have waived any claim for a refund. and the Words ~ are added~ words :'.r~c~ ~hr:~.% are deleted. -7- County shall be entitled to retain and auolv the Tmoact ream for orovth necessitated saDits1 imorovements and additions to the County Community Park SECTION THXL~I amendment to Bastion 4,0S of Collier Count~ Ordinance No. 22-96, as amended Sec~cion 4.05 is hereby amended to read as follo~s= X. 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 Parks and Recreational Facilities Impact Construction which qualifies as Affordable Housing under Appendix I of this Ordinance. (1) Any person seeking an Affordable Housing waiver or deferral for proposed Parks and Recreational Facilities Impact Construction shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Parks and Recreational Facilities Impact Construction. The Ap~lication for waiver or deferral shall contain the follc~ingx (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Parks and Recreational Facilities Impac~ Construction shall be constructed; (c) The income level of the Owner or if the Owner is a builder, the income 1,~vel of the household to which the Dwelling Unit will be sold cr rented7 (d) The number of bedrooms in each Dwelling Unit of the Parks and Recreational Facilities Impact Construction. (2) If the proposed Parks and Recreational Facilities 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 defertel, as applicable, to the. Owner or Applicant. The Words~are added~ words =~r~=~ ~hr=ugh are deleted. -8- Impact Fee waiver or defertel shall be presented in lieu of payment of the Impact Fee l~rsuant to Section 2.02° I. To qualify for an Impact Fee waiver or defertel, an ownsrooccupied Dwelling Unit must meet all of the following (1) The Owner(s) cr anticipated Ovner~s]. of the Dwelling Unit must have s very low, low, or sodsrats income level. at the time of issuance of the Impact Fee waiver or ~ as those terms are defined in Appendix I~ and the monthly payment to purchase the unit must be within the Affordable Housing 9didslimes established in Appendix Dwsllin~ Unit shall _~alify as evnsr-occu~ied if a _lsass-_~urchass s~reemsnt is in effect at the date of issuance of the Z~a~ Fee waiver or dsfsrrsl or within thirty ~30~ days thereof. and within twenty-four ~241 months ~om the data of issuance. Of the certificate of oc~VDancv or the execution of the lease-~rchase a~reement, whichever is la~er. the oution to _~urchase is exercised and the ~urchaser takes ~ershiD of the DwOIlinQ Unit. If the ~2~chaser fails to ~urchase ths Dwelltn~ Unit within the ~241 month ~ariod. then the waived or deferred Im_~act Fee must bs immediately repaid unless the D~elline Unit is sold to another ~ualifvinoOwner. (2) The Owner, or if there is sore than one Owner, 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 o~narship interest ln4~hl2Zhilpr~maryresidsnce in the past three ~31 years. (3) The Dwelling Unit must be the homestead of the i,!. Owner (s) · ':. (4} The Dwelling Unit must remain Affordable Housing for fifteen ~ years from the data a certificate of ~; occupancy is issued for the Dwelling Untt~, unless the · Impact Fee is re~aid..to the County. Words landmLtln~ are added; words :~=;:~ ~hr:~;~ are deleted. -9- C. To quall£y for an Xmpact Fee defertel, s D~sllin~ Unit offered for rent must meet all o£ the follo~in~ critsria~ (1) Thl household rentin~ the D~sllin~ Unit must hays a very low or low income level, at the commencement or the leasehold and durtn~ the duration thereof, as fil3 defined in Appendix I and the amount of rant must be vithin the ~fordable Housi.n9 9uidslinss established in Appendix I. (1) Thl D~ellin~ Unit must be the household's permanent residenct. D, All Xmpact Fees deferred for o~nsr-occupied D~ellin~ Units at the time the Bulldtn~ Permit was issued shall become due and payable and shall be immediately repaid to the County upon the sale of the D~sllin~ Unit to a non-aualiried ~urchaser provided, however, If the Impact Fee defertel ~as paid with State H~usin~ Initiative Partnership [SHIP] Program funds, repayment will be muds to the Collier County affordable housin~ trust fund. For ~ur~oses or this Section 4.05. a ~m_-~_alified purchaser is a Person who does not satisfy the Iffordabls Housin~ criteria set ~orth in subsaction B above or a Person Vho does not a~ree ~o the terms of the waiver or defertel or impact fees aareement. S. The Impact Fees deferred for rental Dwellin~ Units at the time the Buildin~ Permit was issued shall become due and shall be immediately repaid to the County upon ~ ~ ~ e~ ~he ~ gn4~r the discontinuance of use of the D~sllin~ Unit as Affordable Housing or fifteen [15} years from the date of issuance of the certificate of occupancy, whichever occurs ~irst. 065 ,at, Words ~ are addsdl words :',:-~:~ ....... are daleted. ,o ~ny Zsps~ tess waived for an owner-occupied Dvslltn~ Unit at the time a Building Permit was issued shall become due and payable and shall bs lnmsdiatsly repaid to the Count~ ~ the t~ eold or ~=ane~e~ed ~o a non~alt~led ~=c~ase~ d~=tn~ fifteen ~ yea= pe=t~ a~te= the ce~l~lcate o~ oc~pan~ issued for the ~elltng Unl~. If ~e I~a~ Fee waiver was paLd wl~ ~=ate ~s~ng In~tiat~ves Pa~nership [~IP] ~am funds, repa~ent will ~ ~de to the Collier County affordable housing t~st f~d. If ~e ~elling Unit ~s used as Affordable Housing ~ ~ f=l} ~ ~ ~ in c~Dliance with Section 4.05 of this' ~dinance lot [i[teen fl~ years alter the date the ce~ificate of oc~Dan~ is issued ~or the ~ellin~ Unit, Impa~ Fees are no longer due a~d the lien on the ~elling Un~ shall ~ released. S. ~e percen~ge of ~e total I~act Fee which shall be waived or deleted ~ant ~o ~is Se~ion for an ~er-oc~pied or rental Affordable H~sing ~elling ~ shall ~ the percen~ge set fo~ ~n A~endix I. ~e I~a~ Fees waived or deleted shall ~ a l~en on ~e prope~y un=~l all re~irements ~der ~s Se~ion have ~en satisf~ed. N. ~ ~ually, the ~er of ~~ ~elling Unit shall pr~de to ~e C~ty Manager an aff~davit of c~pliance with ~e ~ter~a set fo~ ~n ~is Sect!on. ~ affidavit ~ f~led w~ln ~i~y fJ0) days of ~e a~lversa~ da~e of the issuance of a ce~ificate of oc~panq. If the income of u, it tenter which orl~inallv~ali[ied as very ~ or 1~ level as de[ined in APPendiX I exceeds the Affordable Housing benefit standards se~ fo~h In ADDendi~ T ~ more than percent {40%). then the deleted ImDa~ Fee shall bec~e i~ediatelv due and Davsble b~ the ~er Or. i~ the the ~er shall have ninety {90). da~s to COmPlY With the Affordable Housing standards se~ forth in ApDemdiM I. Words~ars added~ words ;~;~ ~;;;~ are deZa~ed, (21 Zf the household ~neome of the aualif~ed Dvelltn~ Unit rises above the benefit standards for vaivers and detez-,~als set ~o~h In X~end1~ Z. the )at shall malntatn the ~a~ver and/~ de~e~al. Notv~thstandfn~ the ~oreao~nd. all ~tstand~nd I~a~ Fees waived or deleted shall be reoatd [ull um sale or transfer o[ the ~e11~na Unit to a non~al~[~ed ~rchaser. except lot va~ved X~a~ Fees where the ~er has c;l~ed w~th the Affordable R~s~n~ ~[ter~a set fo~h ~n Se~on 4.05 tot f)[teen ~151 Vears after issuance of the ce~if[cate o[ ~uan~. Z. ~e ~er receiving an I~a~ Fee waiver or defe~al shall enter ~nto an ~mpa~ fee agedeat w~th the County which ageneat shall ~lde for, st a mintu, the follytag and s~11 f~her include ~ch pr~lsions defied necessa~ ~ the ~ ~ to effe~uate the pr~isions of th~s Se~onx (1) ~e legal des~iption of the )e11~ng Unit. (2) ~ere an I~a~ Fee waiver or defe~al ~s given to an ~er ~o w~11 ~ selling or renting the ~elling Unit to a s~se~ent ~chaser or tenter, ~e Parks and Re~eational Fsc~l~ties I~a~ Const~on ~st ~ sold or rented to h~seholds meeting ~e ~terIa set fo~ in ~is SeXton order to maintain the waiver or de[e~al. I~a~ Fee waivers or de female pa~d for wi~ S~ate Housing In~t~atives Pa~nership [~IP] ~ funds w~11 only ~ granted dire~ly to ~yers meeting A~endix I ~alificat~ons and approval prior to Building Pemit issuance. A )elling Unt~ shall ~ali[v as ~er-oc~Died i[ a )ease-~rchase a~eement is in e[[e~ at the date of issuance o[ the Fee waiver or defers1 or within thi~v dave thereof, an~ within treaty-four f24) months from the date of issuance the ce~i[lcate of oc~Dan~ or the exertion of the lease-Purchase a~eement. whichever is later. the option purchase is exercised and the purchaser takes ~ershiD of the ~ellin~ Unit. I[ the ~rchaser Jails to Dutchass the ~ Words ~ are added~ vo=da ..... ~ ~ ...... are dele~ed. -12 - Dwellins anit within the tWenty-tour (241 month period. then the..waived or deterred Impact tee must vii! be ee~ ~e repaid immediately unless the Dye]line Unit is mold to another eualit_vinaOvner. (3} For ~vner-occupied Dwelling Units, the amount Zmpact Fees deferred shall be repaid to the County upon the transfer to a non~alified ~rchaser. l~ ~mpac~ Fees were paid with State H~sin~ Inltiative2 Pa~nership [SHIP] ~am ~unds, repa~ent will ~ ~de to the Collier County A~f~dable N~sin~ ~st ~nd. For rental units, the Fees deleted shall ~ repaid upon ~ ~ the discontinuance o~ use o~ the ~elling ~nlt as ~fordable ~sing ~ ~l~teen ~ years ~r~ the issuance .ce~lflcats o~ ~pan~, ~lchever ~rs first. {4) For ~er-oc~pied ~ellin9 Units where lmpa~ Fees have hen waived, the ~elliW~it ~st h utllized~ the oriainal ~ali~vina ~er. or s~bse~en~ ~ali~y~ ~ ~ ~ AZrordable Housing in c~Dliance v~th 2e~iOn 4.0~ o~ this Ordinance Zor a Zi~teen ~ year psrl~ aEtsr ~a c,~iricate o~ oc~pan~ Is issued and sold to a non~alirvina~rchaser, the Zmpa~ Fees shall repaid to the C~nty. ~ Impact Fees were paid with State Housing Initiative/ Pa~nership [~lP] ~am funds, repayant viI1 h made to the Collier County a~ordabls housing t~st ~und. h ~ ~ ~ ~ h;v= Words~ are addedy words~ are deleted. -13- (S) ~he deferred and/or veined Zmpact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-cemplianca with the req~irementa of the agreement, ~he a~reement des_~ibed herein shall operate as a lien a~atnst the Dwelltrio Unit. ~he lien shall terminate u~on the recordin= of a release or satisfaction of lien in the Dublie records of Collier C~ntv. Zn the case of a waiver. such release or satisfi;'cion shall be filed fifteen years after the issuance of the ce~cificata of occ~JVanc~ =rovided Owner acecad in comDltance with the earcement u~n reoavment, ~n the case of a dsferral, such release shall be recorded u~on repayment. [61 Xn~allv, the Owner o~he a rental Dvelltnq Unit shall Drewida to the County Manager an affidavit of comnlianca with the criteria se~Jorth in this Section. affidavit must be filed within thirty 130~ days...of the anniversary date of the issuance of a certificate of occurericv. If the tncom& of any unit rantar which orieinallv oualified as very low or low income hvsl as defined in Aonandix Z exceeds the Affordable Housin~ benefit standards set forth in Appendix Z by~more than forty.Vercent f40i). then the deferred ZmVact Fee shall become immediately due and nayable by the Owner or, in the alternative. the Owner shall have ninety 1901° days to C~DIV with the Affordable HousinQ standards set forth in Apoendix I. ,,0. 065,,- 73 ' Words~Z~tiL1JJ~are addad~ verde =~r;=~-~:=u~ are -14- (7) Upon satisfactory completion o~ the agreement requirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release o£ lisn. (8) The a~raemant shall be binding upon the successors and assigns. (9) The a~raamant shall. be recorded in the O~£icial Records of Collier County. ~. The amount of Zmpac~ Fee waivers and da~errals ~ranted pursuant to this Section shall ba limited, in to the amount appropriated by the Board ~ C=~z~ at 4~a~its final public haarin~ raVarding the adoption of annual County budget and the amount allocated to Impact Fas vaivars or dsrarrsls in the Collier Count~ Rousing AssiStance Plan, am established by County Ordinance No. e3-19o Zmpac~ vaivars and dsfarrals pursuant to this Beckion shall begin the 1993-94 Ziscal year or earlier upon racail~ of State Housing Initiatives Partnership [SH~P] Program funds. rm~ace hes v~tvad or deterred shall be ~aid by the Board into the ~SgL~E~Sparks and recreational facilities impac~ fee trust account viebin six f6~ years rr~m the date o~ th~ award c~ a waiver and/or ~a~arral as ~rovide~ herain. but in no event. ~e later than that time vhen that amount is needed for a pro~ect funded b~ those ~mpact Faas waived or defsrred. The Board shall ~av into the a~ro~rtats ~arks and recreational racilitiem im~a~ tea trust account euch amounts e~ual ~ rm~act Fees ~raviouslv waived or da~er~sd by the Board. or ~rsviouslv a~am~tad or reimbursed by the Doard within six years from the data o~ such waive~. datertel. exemption ~ reimbursement. but in no event. later tha~...the ~ime such amounts are needed rot a ~ro~ect r~nd~d by those Tm~act waivado deterred. exempted or reimbursed, Waivers and dafarrals shall be issued in the order that completed Words~are added~=words :~;:~ ~hr:~;~ are deleted. -15- ~ualityin~ applications are received by the County Manager, At least ~r~y percent ~40%l o~ the amount budgeted ~or Xmpac~ Fee waivers and/or deferraZe ~ust be utilized to fund Yapact Foe . waivers and/or defertale for single family o~nsr-occupisd Dwelling Units servin~ the very low and low Income levels-e~4 X, Xny changes or amendments to Appendix I or the miniram funding requirements adopted in this Section suet occur · as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 L, No Affordable Housing waiver or daferral shall be ~ranted for a Parks and Racreational Facilities Impact Construction pro~sctwhich consists of a NobAle Home, SF~TIONFOUIs~sendsent to Appendix X of Collier Count~ Ordinance No. II-ti~ as amended Appendix I is hereby amended to read as APPENDIX X STANDARDS, AND LIMITATIONS The fo11~wing set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determin~ng eligibility for Impac~ Fee waivers and defertale (heroin referred to as ~benefits"). I. DEFINITIONS OF AFFORDA~LE HOUSING INCOME GROUPS a) Very low income families means those families whose ~ncomes do not exceed f~ftv peTcent {Z~%I Of the median income for the area as determined by the Seoretary of the U.S. Department of Housing end Urba~ Development (area median income}. b) Low ~ncome families means those families whose ~ncomee are more than [~[tV..~erce~t {50%1 and do not exceed~ 160%1 of the area median income as determined by the Secretary of the U.S. DePartment of ~ous~n~ add Urba~ Development (area median c) Moderate income families means those families whose incomes are more than s~tv percent [60%1 and d~ not exceed e~htv Derce~t {S0%l of the area median income as determi~ed by the Secretary o[ the U.S. Department of ~ous~n~ and Urba~ DeveloDme~ {area median ~ncome~. For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, ~nclud~ng property taxes and insurance shall not be ~n eMcess of thirty percent 130%1 of the families household income. I..o i.stance rental l~m~ts eMceed the rental l~m~ts established bV.~he Florida ~ous~n~ Finance Agency for rents a~u~ed to bedroom Words ~ are added~ words :'.r---s~ ........ are deleted. eroSsolos assisted under the SAIL Loan Prodram o~ the Tz~t Income ~ousina Tax Credit Prodram based on unit size. a) Affordable Houeing o~ner-occupied Dvelllng Unitl vhich exclusively se~-ve very low income families and which are the avner's homestead shall have one hundred ~ercent [lOOt~ of the applicable Impac~ Fee waived pursuant to the terms of the Impac~ Fee Ordinance, b) Affordable Housing rental Dwelling Units which exclusively serve very low income families shall have J~Zl_h~Dal~id percent (100%~ of the applicable l_mpac~ Fee deferred pursuant to the terms o£ the lmpac~ Fee Ordina~cs. c) X£fordable Housing owner-occupied Dwelling Units which exclusively serve icy-income families and which are the ovner's homestead shall have fifty ~ercen~ (50%~ of the applicable lmpac~ Fees waived and have fifty percent fS0t~ of the applicable lmpac~ Fee deferred pursuant to the terms of the lmpac~ Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve l~v income families shall pay ~ ~50%~ of the applicable Impact Fee, and shall have ~ ~50%~ of the applicable Impact Fee deferred, p~rsuant to the terms of the Impac~ Fee Ordinance. e) Affordable Housin~ owner-occupied Dwelling Units which exclusively serve moderate income families and Vhich are the ~vner~s homestead shall be required to pay seventy-five percent ~75t~ of the applicable Impact Fee, and shall have ~ percent (25%~ of the applicable lmpac~ Fee deferred pursuan~ to the terms of the lmpac~ Fee Ordinance. f. Parks and Recreational Facilities lmpac~ Construc~ion which meets ~he criteria set forth in Eubsec~ions b and c of Section 4.05 constructed by an Agency of Collier County or by an lndel>sndent Governmental Agency pursuant to an interlocal agresmen~ with Collier County and which construc~ion is one hundred percent [100%~ govei~ent funded shall have one ~ndred percent f1001~ of the Impact Fees for tha~ construction waived, pursuant to the terms of the Zmpac~ Fee Ordinance. NOTEt An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5=00 p.m. SZCtION~ITIS ~nflict and Ssvers~ilit~ 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. ZZ any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any cou~c of competent Juriedic~ion, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not a~fect the validity of the remaining portions thereof. 065,, , 76 Words M~iidJ~are added~ words :~r;c~ ~ ...... are deleted. -17- : This Ordinance shell become effective upon receipt of notice £r~a the Secretary of State that this Ordinance has been filed with the Secretary of State, P~SSED ~D DULY kDOPTED by the Board of County C0~missionere of coni.r co~.ty, riorio., thie/~ day of .~'~L/~,~.~,/_ , ~ 1994 · ~'. ~ ~ ,, ,-,; ' egal sufftclenqs Held~ F. ~s~s~nt C~ty ~tt~ey .~. Words lall~are addedl words =~r=ch ~hr==~ are deleted. · COUlrZY Or COLLXER ) I, DWIGPIT E, BROCK, Clerk of Courts in and for the Twentieth ;udicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true coI)y Ordinance No. 94-6 which was adopted by the Board of County Conuaissioners on the J6th day of ~sbruary, 1994, during Special Session. · WITNESS my hand and the officlal seal of the Board q County Commissioners of Collier County, Florida, this 24th day o~ February, I994. DWIGHT E. BROCK Clerk of Courts mnd Clerk:.." xx-offlcto to Board of !- County Commissioners .* ~./* Dei~u~'f Clerk '/~