Ordinance 94-07 ORDINANCE NO,, 94- 7___
INANCE AMENDING COLLIER COUNTY ORDINANCE
L-V1, AS AMENDED BY ORDINAgCE 92-30, AS
AMENDED BY ORDINANCE NO. 92-98, AS
AKI~IDRD BY ORDINANCE NO. 93-53, RELATING TO THE
COLLIER COUNTY EMERGENCY MEDICAL SERVICES SYSTEM ~ ~'~ -~'.
IMPACT FEE ORDINANCE; AMENDING SECTION 2.03,
PROVIDING FOR AMENDMENT TO PROVISIONS RELATING
TO IISE OF MONIES; AMENDING SECTION 3.04, .:
PROVIDING F(7~ MODIFICATION OF PROVISIONS "' ~-"
RELATING TO AFFORDABLE HOUSING; AMENDING SECTION
3 · 09, PROVIDING FOR AMENDMENT TO PROVISIONS
RELATING TO REVIEW REQUIREMENt; PROVIDING FOR
MODIFICATION OF APPENDIX A; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County
on August 7, 1991, enacted Collier County 0rdSnance No. 91-71,
es~abllshlng an Emergency Medical Services System Impact Fee
Ord/nance~ and
WFZREAS, The Board of County CommissLoners of Collier County
on May 6, 1992 enacted Ordinance No. 92-30 which amended Collier
County Ordinance No. 91-71~ and
F~EREAS, the Board of County Commissioners of Collier County
on December 16, 1992 enacted Ordinance No. 92-98 which further
amended Collier County Ordinance No. 91-71; and
WHZRFJ%S, the Board of County Commissioners of Collier County
on August 10, 1993 enacted Ordinanco No. 93-53 which further
amended Collier County Ordinance No. 91-71,
NOW, T~EREFORE, BE IT ORDAINED BY T~E BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, F~3RIDA, thatt
SECTZOM 03rgl amenbent to Section 2.03 of Collier County
Ordinance me. 91-71, as amended
Section 2,03 of Collier County Ordinance No, 91-71 is hereby
amended as follows**
Section 2,03, Use of Monies
a, The Board hereby establishes a separate trust account
for the theegeee~ ~c_'~-cnl ~ Sy:"~cm Impact Fees, to be
designated as the "Emergency Medical Services System Impact Fee
Trust Account* which shall be maintained separate and apart from
all other accounts of the county, All each Eme~q/eee~
065 79
PAG(
Words~ars added~ ~ords attack t~s~J~ are deleted.
-1-
~.~ ~ S~s4~s Zmpac~ Fees shall be deposited into such trust
~' account immediately upon receipt,
b. The monies deposited into ths Emargsnc~Medical Services
System Zmpact Fsl Trust Account shall be used solely for
purpose o£ providing grov~h necessitated construc~cion
improvements and additions to. the County Emergency Medical
Services System including, but n~t.limited toz
(1) Design or construction plan preparation~
(2) Permitting and
. (3) Land acquisition including any costs of acquisition
or condemnation~
(4) Construction and design of County Emergency Medical
Services Svs~sm buildings, facilities or improvements and
~ additions
(5) Design and construction of drainags facilitiss
required by the construc~cion of ~ Emergency Medical
Services ~stem buildings, facilities or improvements and
additions thsrsto~
..~
(6) Ralocating utilities required by ths construction
of ~ Emergency Medical Services System buildings,
facilities or improvements and additions thsrsto~
(7) Landscaping, incident to or necessitated by
expansion of the County Emergan~.'y ~adical Services
buildin~s~ facllitiss or improvements and additions thsrsto~
(8) Construction management or inspsc~ionF
(9) Surveying, soils and material ~ssting]
(10) Acquisition of apparatus or equipment necessary to
expand the County Emargsncy Msdical Ssrvicas System]
(11) Repayment of monies transferred or borroved from
any budget, sty fund of the County, including monies burroved
subssqusnt to ths adoption' of this Ordinance which were used
to fund construction, acquisition of improvements and
additions to ~ha Count~ Emergency Medical Services System as
hersin provided~
Words~are addsd~ words :~r;:~ 'k ...... are deleted.
(12) Peasant o£ principal and interest, necessary
reserves and costs o£ issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements .and additions to the County Emergency Medical
Services syetem; and
(13) Reimbursement of ~sea~Jef~ Ne~zea& 6efvY.~Ne ~
Impact Fees due an Applicant p~.rsuant to Section 3.06o
(14) To the extent provided by lay, reimbursement of
costs incurred in the preparation of the Impact Fee Study
adopted pursuant to Section 1 · 04 and any amendments or
supplements adopted pursuant to Section 3.09 and any other
administrative costs incurred by the County.
c. l~nds on deposit in the Emergenc~ Medical Services
Systes Zmpac~c Fee Trust Account shall not be used for any
expenditure that would be classified as · maintenance or repair
expense,
d, The monies deposited into the Emergency Medical Services
Syetea Impact Fee Trust Account shall h used solely to provide
improvements and additions to the County Emergency Medical
Services System required by growth generated by Emergency Medical
Services J.YAt~I Impact Construction as identified in the Impact
Fee Study.
so Any funds on deposit vhich are not immediately necessary
for expenditure shall be invested by one County. All income
derived from such investments shall be deposited in the Emergency
Medical Services System Impact Fee Trust Account and used as
provided herein. To the extent permitted by law. any interest
accrued on Impact Fees which is not needed for improvements and
additions to the County Emeraencv Medical Services System ma_v. at
the discretion of the Board. be used to fund waivers or deferTale
of IWDact Fees pursuant to Section 3.04 of this Ordinance.
f. The ~set~Jene~ MegJ~ea~ 6elw~eee 6ye%em Impact Fee
collected pursuant to this Ordinance shall be returned to the
then current Owner of the p~y on behalf of which such fee
,0.
Words ~ are added; words =t;---'c~ ~ ...... are deleted.
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yes paid if such fees have not been expended or encumbered prior
to the end of the fiscal year immediately foXloving the sixth
anniversary of the date upon which such fee was pa~d. Refunds
due under these circumstances shall be made only in accordance
with the following procedure:
(1) The then current Owner shall petition the Board for
the refund prior to the end o~ the fiscal year immediately
following the sixth anniversary of the date of the payment of
the "~r;:r;Z ........ =or:ice= .... *- Impact Fee.
The petition for.refund shall be submitted to the
County Manager, on a form approved by the County Hanager, and
shall containt
(a) ~ sworn statement that the petitioner is the
then currant Owner of the property on behalf of which
the lapact Fee was paid/
(b) A coF/of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fesy
(c) A certified copy of the latest recorded deed
or other instruments evidencing titles a representation
that the most recent recorded deed or other instruments
reflect the exact names of all current legal ovnersy a
representation that the petitioner will notify the
County of any chan~e in the s~atus of legal ownership
which occurs prior to the issuance of any refund from
the County~
(d) A copy of the most recent ad valeram tax bill.
(3) Within ninety (90) days from the date of receipt of
a petition for refund, the County Manager wtll advise the
petitioner and the Board of the status of the Impact Fee
requested for refund, and if such lapact Fee has not been
expanded or enctunbered within the applicable time period,
then it shall be returned to the petitioner. For the
purposes of this Section, fees collected shall be deemed to
,0. 065.c S2
Words ltlMiirl/Ja~are addsd~ words e~eek-j~bare deleted.
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be spent o~ encumbered on the basis of the first fee in shall
be the first fee out.
g. Any Owner entitled to a refund who fails to file a
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 be entitled to retain and apply the Impact Fees for
growth necessitated capital impr_oyements and additions to the
County Emergency Medical Services System.
IlCTION TWOS Xaendment to Sootion 3.04 of Collier County
Ordilxsalol No. 9X-71, sl amended
Section 3.04 is hereby amended to read as follows=
Section 3.04. Affordable Rousing
%. Pursuant to the ~uidelines 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
Emergency Medical Services System Impact Construction ~hich
qualifies as Affordable Housing under Appendix A of this
Ordinance.
(1) Any person seeking an Affordable Housing waiver or
defertel for proposed Emergency }fedice1 Services System
Impact Construction shall f~le with the County Manager an
Application for waiver or deferral, prior to receiving a
Building Permit for the proposed ~=rgency Medical Services
System Impact Construction. The Application for waiver or
defertel shall contain the followingx
(a) The name and address of the Ownsty
(b) The legal description of the Residential
property upon which the Emergency Medical Services
System Impact Construction shall be constructed7
(c) The income level of the Owner or if the Owner
is a builder, the income level of the household to
which the Dwelling Unit will be sold or rented;
(d) The number of bedrooms in each Dwelling Unit
of the Emergency Medical Services System Impact
Words 1~ are added~ words e4~ are deleted.
(2) Zf the proposed Emergency Nedlcal Services System
Zmpac~ 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 ap~licable, 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
criteriaz
(1) The 0wner(s) or a,ticiDated Ownerrs} of the
Dwelling Unit must have · very low, low, or moderate income
level. at the time of issuance of the Imuacq: Fee..waiveT
glfallal~ as those ter~e are defined in Appendix A and the
monthly payment to purchase the unit must be within the
Affordable Rousing guidelines established in Appendix A.
Dwellins Unit shall al/alifv as owner-occupied if a
lease-purchase a~reement is in effect at the date
issuance of the TmDact Fee waiver or deferTel. or Within
thirty f301 days thereof. and within twenty-four [~4~ months
from the date of issuance of the certificate of occu_DanCV or
the execution of the lease-purchase a_~reement. whichever is
later. the ODtiOn tO Purchase is al~cised and the purchaser
takes ovnershi~ of the Dvellinu Unit. If the Purchase[
fails to Purchase the Dwellins Unit within the twenty-four
(241 month period. then the waived or deferred ImDact....Fee
must be immediately rePaid unless the Dwellins Unit is sola
to another_eualifvtneOwner.
(2) The Owner, or if there is more 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
ownership interest ln~4~e~Phts/her primary residence in the
past three f3~ years.
Words~ars added~ words =~r=:h =hr=ug,% mrs deleted.
(:1) The Dwelling Unit must h the homestead of the
Owner (s) ·
(4) The Dwelling Unit must remain Affordable Housing
for fifteen ~ years from the date a cer~ificate of
occupant7 is issued for the Dwelling Unity. unless the
Impact Fee is repaid to the County.
C. TO clualify for an Ilpac~ Fee defertel, a Dwelling Unit
offered for rent must meet all of the following criteria:
(1) The household rentl.g the Dwelling Unit must have ·
very low or low income level. at the commencement of the
leasehold and durind_ the duration thereo[m as ~
are defined in Appendix A and the amount of rent must be
within the Affordable Housing ~laidelines established in
Appendix A.
(2) The Dwelling Unit must be the household's permanent
residence.
D. All Impac~ Fees deferred for owner-occupied Dwelling
Units at the time the ~ullding Permit wee issued shall become due
end payable and shall be immediately repaid to the County upon
the sale of the Dwelling Unit ~g_~_~n-qualified purchaser
provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing trust fund.
For Durooses o[ this Section 3.04° a non-aualified ourchaser is a
Person who does not satisfy the Affordable ltousina criteria set
forth in subsection B above or a Person who does not dares tg the
terms of the waiver or deferTel of imp_act tees
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
~ords ~ are added~ words :tr=c~ '.hr:u~ are deleted.
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shell be Immediately repaid to the County upon 4~he ea~e
~ ga~4~ ~ et ~he ~ ~ the
. ~..
.... dlsc~t~nuance of use c~ the ~ellin~ ~lt as ~ffordable ~sin~
cr flfteen ~1~ ~ears fr~ the date of issuance of the
Ce~if~cate of ~pan~, ~lchever oc~rs
F. ~ I~a~ Fees waived for an ~er-oc~pied ~ellin~
Unit at ~e time a ~ldin~ Pe~ ~s issued shall ~ec~e due
and pa~able and shall ~ ~n~latel~ repaid to ~e Ccunt~ ~f the
~ellin~ Unit ~ ~ ~ ~ ~ ~
ls sold or translated tc s ncn-~alified ~rcha~er durln~ the
f~fteen ~15] ~ear per~ after the ce~ificate
is~ed for ~e ~ellin~ Uni~. I~ the Impa~ Fee
vl~ State H~sin~ In~tlat~ves Pa~nersh~p [~IP] ~am ~unds,
r~ent w~ll ~ ~de to ~e Collier C~nt~ aff~dable
t~st f~. I~ ~e ~sll~n~ Unit ls used ss Affordable ~sln~
~ ~ ~ ~ ~ ~ in c~liance ~lth
this ~dinancs for fifteen ~15~ years after the date the
ce~i~icate of cc~an~ is issued for the ~ellin~ Unit, the
I~a~ Fees are no longer due and the l~en on ~e ~ellln~ Unit
shall ~
~. ~e percentage of ~e tc~l I~a~ Fee ~ich sh~ll
waived or defe~ed ~rsuant to ~ls Se~on ~c~ an
or renal ~ordable H~sinq ~ellinq ~lt shall ~ the
percen~ge set fo~ in A~endlx A. ~e Z~a~ Fees vaived or
defs~ed shall be a lien on the prope~y untll all re~irements
under ~ls Section have hen sa~isfled.
H. ~ ~ually, the ~er of ~ ~ ~elling
shall provide to ~e C~ty Hanager an af~idavit o~ c~llancl
vlth the ~iteria let fo~h In this Se~ion. ~ affidavit ~s~
h fLIed within thi~y [301 days of ~he anniversa~ date o~ the
issuance of a certificate of 'oc~pan~. Zf the income of any
unit tenter vhich oriainallv ~alified as ve~ 1~ or 1~ inc~e
level as defined in Appendix X exceeds the Affordable Housina
' benefit standards set fo~h in ADDendix A ~ more than fo~
Words ~ are added~ ~ords :~;~ ~h::=;~ ar~ daisted.
-8- '
~ercsnt (40%1 J than the deferred :[m~a~ Fee shall
im~edia~ely due and ~avabl~ ~ the ~er or~, ~n the
the ~er shall have n{netv ~901 days ~o c~lv vith the
A[[oTdable ff~sin~ standaTds set fo~h ~n A~endtx A.
{2) I[ the h~sehold inc~e of the ~ali[ied ~er-oc~Died
~ellind Unit TiSeS a~e the hne[~t standards lOT waivers and
dere~als set [o~h in A~endix A. the ~er shall maintain the
~iver andloT' de[e~al. No~ithstandin~ the [oreQotn~. all
~tstandtnd I~a~ Fees waived or deleted shall be repaid tn
full UDOn sale or trans[er of the hellln~ Unit to
non~ali[~ed ~rchaseT. except lot waived I~a~ Fees where
~eT has cmlied with the A[fordable R~stn~ ~iteria se~
~n ~h{s ~e~{on ~.04 lOT [i[~een ItS1 vests a[teT the issuance
the ee~i[ieate o[ oe~Dan~s
I. ~e ~er rece~ving an I~a~ Fee waiver or defe~al
shall enter ~nto an ~a~ fee agenen~ wl~ the C~nty
agessent sh11 pr~de for, at a min~, the fo11~ng and
sh11 f~er ~nclude Such pr~lsions de~ed necessa~
~ ~ to effe~uate the pr~isions of ~ls Seaion=
(1) ~e legal des~ipt~on of ~e ~e11~ng
(2) ~ere an I~a~ Fee waiver or defers1 ~s g~ven to
an ~er ~o will h selling or renting ~e ~e111ng Un~ to
a s~s~ent ~chaser or ren%~r, ~e ~ergenq Medical
Se~ices Syste I~a~ Const~on ~s~ be sold or rented
to h~seholds meeting the ~iter~a set fo~h ~n th~s
in order to maintain the waiver oT defers1. Impac~ Fee
waivers or deferale paid for w~th S~ate Housing Init~a~ves
Pa~nership [~IP] ~am f~ds w~11 only be ganted
dire~ly to ~yers meeting Appendix A ~alif~cat~ons and
a~roval prior to Building Petit issuance. A ~elline Uni~
shall ~all[v as ~er-~Dled if a lease-DurchaW-
a~eement ~s in effe~ at the date of ~ssuance of the ImD~
Fee waiver or de[e~al .or within thtTtv ~301 days thereof.
and within twenty-louT [241 months [r~ the date o[ is~uanC~
of the certificate of occuoancv or the execution of the
~ease-~urchase earcement, vhichever is'later, the option to
_Dutchass is exercised and the purchaser takes ovnershiD of
~hs Dvsllina Unit. ~f the purchaser fails to ~urchase the
Dwellins Unit within the twenty-four [241 month period. then
the waived or deferred Impact Fee must be repaid im~ediatelv
unless the DWlllina Unit is sold to another aualifvina
(3) For owner-occupied Dwelling Units, the amount of
~mpact Fees deferred shall be repaid to the County upon the
saler ~ ev ~leeee%~%~e~e e~ ~ee e~ %ks ~
transfer to a ncn-aualifted purchaser. If Impact Fees were
paid with State Housing Initiativel 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 ee3zer ~ the
discontinuance of use of the Dwelling Unit as Affordable
Housing or fifteen /151 years from the issuance of a
certificate of occupancT, whichever occurs first.
(4) For owner-occupied Dwelling Units where Impact Fees
have been waived, the Dwelling Unit must be utilized bvthe
original cualifvina Owner. or subseauent cualifV~nd
~ ~e~ as Affordable Housing in compliance with
~l~tion 3.04 of this Ordinance for a fifteen ~ year
period after the certificate of occupancy is issued and if
the Dwelling Unit seesee ~e be utilLzod fc= ~ae% impose is
Words~are added~ vordse~are deleted,
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sold to a non-aualifvina ~urchaser, the Impact: Fees shall be
repaid ~o the County. Zf Zmpact tees 'were paid with State
Rousi~ Xnl~ia~ivel Pa~nership [~P] ~am ~unds~
repa~an~ ~ill ~ ~de ~o the Collier C~n~y affordable
h~sinq t~s~ fund, ~ ~ ~
(5) ~e deleted and/or waived Impa~ Fees shall be a
lien on ~e pr~e~y ~tch Hen may
~e ~ent of non-c~l~ance ~ith the re~lr~entm of the
mgm~ent, ~s s~eement ~es~tbed herman shall operate as a
1ten a~a~nm~ the ~e]]~nu Unit, ~e
the ~blt~ rec~s o[ Col]{mr C~ntv,
waiver, much re~esse or mat~s[a~on mhsll be [t~ed Illteen
veers alter the ~s~ance o[ the oe~[{cate
Dr~l~e~ ~er a~e~ ~n cml~nce w~th the
u~n reoa~ent ~n [u11, In t~e case o[ a ~e[e~al. such
release shall N recor~e~ UPOn reDa~ent ~n [U11,
(6~ Annually. the ~er of a re'Atal
~rovi~e to the C~ntv Manager an ar~t~avit or comoliance
Vl~h ~ha criteria set forth in Se~ion 3.04 (H), An
aZ~idayit ~s~ be riled within thi~v [301 days Cr the
annivsrsa~ da~s ~ the issuance
occupant. ~ the inc~e or a~ unit tenter which
oriainallv ~alified as a ve~ 1~ or 1~ income level as
defined in ~D~endix ~ exceeds the ~ffordable Housi~q bene~i~
standards set ~o~h In XDDendix X ~ more than fo~v Dercen~
Words ~ are added; words :~r;:~:t~=;=~ are deleted,
(40tl- then ~he deferred r~ac~ Fee shell become i~nnediatelv
dam and mayable by the Owner or. in .'the alternative. the
~r shatl hay. ninety/901 days to c~oZv with the
~Z~o~dabla R~sinc s~andards
(7) ~n satis~a~o~ c~plation oZ the a~aamant
ra~lr~ants, ~ha C~nty shall record any nacassa~
d~an~tion ~id~ncing same, includin~, ~t not limited
~o, a release oZ
(8) ~a a~e~ent shall h binding upon the ~er~s
successors a~ assi~s.
(9) ~e a~e~en~ shall h recorded in the O~lcial
Records oZ Collier
~. ~e g~n~ of Z~a~ Fee waivers and de~e~als ~anted
~rsuan~ to ~ie Seaion shall be
~ final ~lio hearinV regarding ~e adoption o~ ~he annual
C~n~y ~ge~ a~ ~e am~ allocated to Z~a~ Fee waivers or
deZs~aZs In ~e Collier C~n~y H~sing ~sis~nce Plan~ as
es~ablished ~ C~y ~dinance
and ds~srrals ~ant to ~is Ss~ion shall hgin in the 1993-94
Ziscal year or earlier ~n recsip~ o~ State H~sin~ ~nitia~ive2
Pa~nsrship [~P] ~~ Eunds. ~11 ~a~ Fees ~ai?ed or
~ ~ paid ~ into the ~sr~sn~ Hsdical
Ss~icss ~st~ l~a~ Fee ~st Acc~t within six [S~ ~sars
from the dats o~ the award or a waiver and/or ds~e~al. ss
~rovidsd hersin. ~ in no sven~. ~ later than ~at time when
tha~ am~nt is needed for a pro~s~ ~undsd ~ ~oss Impact Fees
waived or dsfs~sd, ~s Board shall Da~ into the ~erCen~
~edical Ss~icss Systn l~act Fee ~st Xccount such amounts
e~al to any ~m~a~ Fees ~reviouslv waived or dere~ed ~ tbs
Board. or ~reviouslv exempted or rei~rsed ~ the Board ~ithin
pix ~6) years ~rom the date of such ~aiver. defertel. exemption
or reimbursement. ~ in no even~. later th~n the time such
Wordedare added~ vords :~r~:~ ~h;:=~ are deleted,
amoUZlts are needed ~or a ~ro~ec~ funded by those Tm~,a~'t: Feel
waive. defied. ~ed ~ reim~rsedt Waivers and de~e~als
shell ~ is~ed in ~e order that c~let~
a~l~t~ons arm revived ~ the C~nty Manager. A~ lease
percent f40t) o~ the amount ~d~eted ~or I~a~ Fee waivers
a~/or de~e~als ~st ~ utilized to ~und I~a~ Fee va~vers
a~d/or defe~a~ for s~n~le ~am~ly ~er-~ed ~ell~n~ Units
se~in~ ~e ve~ 1~ and 1~ inc~e levels ~ ~
X. ~ changes or ame~ents to Appendix A or the
~ln~ re~lraents ad~ted in th~s Se~ion ~s~ oc~r as an
ordinance ame~ent at a ~blic hearl~ o~ the Board o~ County
C~lss~ers ~in~ a~ter Sx00 p.m.
L. No A~dable H~s~n~ va~ver or dete~al shall be
~anted ~ an ~ergen~ Medical 2e~ices Systa Impact
Co~st~ion ~o~e~ ~ich consists o~ a Mob~lt H~e.
8~1~ ~t ~en~ent to Beetion 3.09 o~ Collier Couty
~d~ae No. ll-71, as Gended
Se~ion 3.09 o~ Collier C~nty ~diunce No. 91-71, as
amended, Is here~ amended to read as Zoll~s:
Seaion 3.09. Revi~ Retirement.
A. ~ls ~dlnance and the rqa~ Fee StudF shall
reviewed ~ the Board initially In conne~ion vl~h its approval
o~ the Capital Iqr~,ent El,en~ o~ its C~rehensive Plan as
retired ~ Seaion 163.3177, Florida Statutes. ~erea~ter, this
Ordinance shall h reviewed at leas~ ~ eve~ two
~. ~e initial and each ~ revi~ shall consider
estimates oZ po~lation and other socioecon~ic data and changes
In constation, land ac~isition and related costs and
adjustments to ~e ass~ptions, conclusions and findings
~o~h In ~e study adopted ~ Section 1.04. ~e ~se o~ ~is
review Is to ensure that the ~ ~-~--' ~
I~act Fees do n~t exceed the reasonably anticipated costs
Words ~ are added~ words ..... ~ '~ ...... are deleted.
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Venerated ~y ~sst~sncy Ksdlcal Services ~ystss ~
~' ~st~/on, Zn ~e ~ent the revt~ o~ the Ordinance retired
'~ ~ ~s Ss~ion alters or changes the ass~t/ons~ conclusions
a~ Zl~ln~s oZ ~s ~stsr plans adored ~ reference in Ss~lon
1.04, r~ises ff chan~es ~e C~nty bergen~ Hedical
2yst~ ~ alters or changes the am~nt o~ I~a~ Fees, the study
ad~ ~ re~erence In Se~ion 1.04 shall h uended and updated
to reZle~ n~ and d~onstrable as~tions, conclusions and
Zi~lngs o~ ~ch revievs and Se~ion 1.04 shall be amended to
adopt ~ reZarencs such u~ated. studies.
B. Si~l~neous vith the ~ revi~ o~ the I~a~
Fee Study r~ired in S~se~ion X o~ this 2e~ion, ~s Board
shall r~l~ ~e capital i~r~ents elgents for the
;~ availability a~ ede~a~ of r~s~e s~ces to const~
l~mnts and additions to the C~nty ~ergen~ Hedical
SedUces Systu dete~ined in the Impact Fee Study to be retired
to acc~ate existin~ develo~ent.
I~l~ ~I ~sn~ent t~ X~end~ X e~ Collie~
~dinancs is. ~I-71~ as uended
A~endix A is here~ amended to read as
~P~IX A
A~O~ ~OUSINC D~INITIONS, B~T
~~S, ~ LI~TA~ONS
~e follow~ng set fo~ the applicable definitions and benefit
standards for Affordable Housing ~ell~ng Units for the pu~ose
of dete~ning eligibility for Impa~ F~= waivers and deferale
(herein refe~ed to as ~nef~ts~).
I. D~INITIONS OF ~O~LE HOUSING INC~
a) Ve~ 1~ inc~e families means those families whose
inches do not exceed fi[tv percent ~50%1 of the median ~nc~e
for ~e area as dete~ned ~ the Se~eta~ of the U.S.
Depa~men~ of H~s~ng and Urban Develo~ent {area median ~nc~e).
b} ~ lnc~e families means those families whose
are more ~han fifty percent ~50%1 and do not e~ceed ~
160%1 of the area median ~ncome as dete~ined ~ the Secreta~ of
the U.S. DeDa~ment o[ ~sin~ and Urban Develo~en~ {area media~
c) M~erate inc~e families means those families whose
inches are more than sixty percent ~60%1 and do not exceed
eichtv percent [S0%l of the area median ~ncome 8s detemined
the Secreta~ of the U.S. DeDa~me~t of ~ousin~ and Urban,
Development farea median income~.
,oo 065,, 9Z
Ho~ds ~ are addedJ voids =~;;~ ~;;~ are dele~ed,
-Z4- '
.~.~
For a Dwelling Unit to be determined to be affordable, the
monthly rent or monthly mortgage payment, including property
taxes and insurance shall not be in excess of ~hir~v percent
130%~ of the families household income. In no instance viii
Fentat limits exceed the rental limits established bY the Florida
Housinc Finance Acenov for rents adjusted to bedroom size in
Dro~ects assisted under the SAIL Loan Prostem or the Low Income
Housinc Tax Credit Pr_o~ram based on unit size.
II BENEFIT 2TANDARnS
a) Affordable Housing owner-occupied Dwelling Units which
exclusively serve very low income families and which are the
cvner's homestead shall have one hundred percent [100%~ of the
applicable Impac~c Fee waived pursuant to the terms of the Impac~c
Fee Ordinance.
b) Affordable Housing rental Dwelling Units which
exclusively serve very low income families shall have~
RJlgallJ;_~100%l 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 fifty neroant f50%1 of the applicable Impact
Fees waived and have fifty neroant f50%1 of the applicable Impact
Fee deferred pursuant to the tams of the Impact Fee Ordinance.
d) Affordable Housing . rental Dwelling Units which
exclusively serve low income families shall pay
150%1 of the applicable Impact Fee, and shall have
150%1 of the applicable Impact Fee deferred, pursuant to the
terms of the Impact Fee Ordinance.
e) Affordable Housing owner-occupied Dwelling Units which
exclusively serve moderate income families and which are the
owner's homestead shall be required to pay seventy-five percent
175%1 of the applicable Impact Fee, and shall have ~
norcent ~25%1 of the applicable Impact Fee deferred pursuant to
the terms of the Impact Fee Ordinance.
. f) Emergency Medical Services System Impact Construction
which meets the criteria set forth in Subsections b and c of
Section 3.05 constructed by an Agency of Collier County or by an
Independent Governmental Agency pursuant to an interlocal
agreement with Collier County and ~'hJ~h construction is one
hundred percent {100%1 government funded shall have ~
percent [100%1 of the Impact Fees for that construction waived,
pursuant to the terms of the Impact Fee Ordinance.
NOTE: An Amendment to the Appendix shall require a public
hearing of the Board of County Commissioners occurring after
p.m.
SBCTXOIIFMI Conflict and leverabilit~
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
.
,o. 065,, , 9"3
Words la/MilllJa~are added~ words ........ ~ ..... ~ are deleted.
· ;;i!'q and independent provision, and such holding shall not a£rsc~ the
~, validity of the remaining portions thereof.
IICTIOI fill If£sotiva Date
This Ordinance shall become effective upon receipt o~ notice
from the Secretary of State that this Ordinance has been filed
vith the Secretary o£ State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this '//~ day of _/,/'~/' ,
1994.
'..~7,
% A-~-~r. STz
' ~ h~a~hl~y J. Corrs~an~ine
,~ , n
legal '~fficiancy$
·
' H&Idt F. 'Ash~on T~s
Assistant County Attorney Sac, d e°s Offk~
z,.'
Words ~ are addadS words ..... '" ...... are deleted. ,
'STATE 0F FLORIDA )
COUNTY OF COLLIER
l, DWIGHT g. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is m true col;./ors
Ordinance No, 94-7
which was adopted by the Board of County Commissioners on
the 16th day of February, 1994, during Special Session,
WITNESS m~ hand and the official seal of the Board
County Commissioners of Collier County, Florida, th~s 24th
day of Februa%/V, 1994.
DWIGHT E. BROCK
f,l,] Clerk of Cou.'ts and Clerk~
v-x-officio tc ~osrd of *' '
~3 I County Commissioners .*'
!. Deputy Clerk