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Ordinance 94-08 AN ORDINANC~ AMXNDING COLLIER COUNTY ORDINAXC'~ NO. 92-22, AS AMENDED BY ORDINANCE NO. 92-57, AS AHENDED BY c~' NO. 92-99, AS ~NDED BY ., NO. 93-54, RELATING TO THE ~_ '-' "~r~ COLLIER COUNTY ROAD II~ACT FEE ORDIN~tCE~ ...4 AMENDING SECTION 2.04, PROVIDING FOR = c- AMENDMENT OF PROVISIONS RELATING TO USE OF HONIESI AMENDING SECTION 3.04, PROVIDING ~ FOR MODIFICATION OF PROVISIONS RELATING TO ~ AFFORDABLE HOUSING $ PROVIDING FOR x' ca MODIFICATION OF APPENDIX .C~ PROVIDING FOR ~ CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on April 16, 1992, enacted Collier County Ordinance No. 92-22, establishing a Road Impact Fee Ordinances and WHEREAS, the Board of County Commissioners cf Collier County on August 11, 1992, enacted Collier County Ordinance No. 92-57, amending Ordinance No. 92-22~ and WHEREAS, the Board of County Comm~ssioners of Collier Co~xnty on December 16, 1992, enacted Ordinance No. 92-99, further amending Ordinance No. 92-22y and WHEREAS, the Board of County Commissioners of Collier County · on August 10, 1993 enacted ordinance No. 93-54, further amending :~' Ordinance No. 92-22. Z;!: NO~, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT~ SECTION ONX, amendment to Section ~.~¢ ~. Co1149r County Ordinance lee. 92-22, as amended Section 2.04 of Collier County Ordinance No. 92-22 is hereby amended as follows~ Section 2.04. Use of Monies A. The Board of County Commissioners hereby establishes eight (S) separate trust accounts for the Road Impact Fees, to be designated as the NDlstrict Number I Road Impact Fee Trust Account,* NDistriCt Number 2 Road Impact Fee Trust Account," NDiStrict Number 3 Road Impact Fee Trust Account,N "District Number 4 Road Impact Fee Trust Account," NDlStriCt Number 5 Road Impact Fee Trust Account," "District Number 6 Road Impact Fee ,oo,c 065,, 96 v. orde ~ are addad~ vords =',~-~;~ ',~;;~ are deleted, -1- :~[', Trust Account," "Distric~ Number 7 Road Ampact Fee Trust ~:* Account,' and "District Number 8 Road Impact Fee Trust Account,' " ~hich accounts shall be maintained separate and apart from all other accounts o£ the County. All Road Impact Fees shall be deposited into the appropriate trust account immediately upon receipt. ~ B. Road lapact Fees. collect. ed under the provisions of .j Ordinance 85-55# as amended, and which have not been expanded prior to the adoption of this Ordinance shall be allocated as (1) Road Impact Fees collected within District Numbers I and 2 under Ordinance 85-S5, as amended, shall be deposited in tha District Number I Road Impact Fee Trust Account. (2) Road Impact Fees collected within District Numbers 3 and S under Ordinance aS-aS, as amended, shall be deposited in the District Number 2 Road Impact Fee Trust Account. (3) Road Impact Fees collected within District Number 4 under Ordinance 85-55, as amended, shall be deposited in the District Number 3 Road Impact Fee Trust Account. (4) Road Impact Fees collected within District Number 6 under Ordinance 8S-SS, as amended, shall be deposited in the District NUmber 4 Road Impact Fee Trust Account. (5) Road Impact Fees collected within District Number 9 under Ordinance 85-55, as amended, shall be deposited in the District Number S Road Zmpact Fee Trust Account. (S) Road Impact Fees collected within District Number S under Ordinance 85-SS, as amended, shall be deposited in the DIstrict Number 6 Road Impact Fee Trust Account. (7) ~oad Impact Fees collected within District Number 11 under Ordinance 85-55, as amended, shall be deposited in the District Number 7 Road Impact Fee Trust Account. (8) Road Impact Fees collected within District Numbers 7 and 10 under Ordinance 85-55, as amended, shall be .. 065,,, 97 worda~are added~ words ek~k--ta~zq~HJhare deleted, deposited in the District Number 8 Road Impact Fee Trust Account. C. The monies deposited into the respective Road Impact Fee Trust Accounts shall be used solely for the purpose of constructing or improving roads within the Transportation Network and, except as otherwise provided, shall be expanded within that Road ~ District vhere th.e Road Impact Construction is located. Road Impact Fees may be used for the following purposes, including, but not limited to the following= (1) design and construction plan preparation~ (2) permitting; (3) right-of-way acquisition, including costs of acquisition or condetnationX (4) construction of new through lanssX (5) construction of new turn lanes$ construction of new bridgesl (7) construction of new drainage facilities in conjunction with new roadway constructions (8) purchase and installation of new traffic .. signali~ation] .. (9) construction of new curbs, medians and shoulders~ (10) relocating utilities to accommodate new roadway construction i (11) construction management and inspecttony (12) surveying and soils and material tastingy (13) to the extent allowable by law, reimbursement or refund of costs incurred by the County in preparation of this Ordinance, Including any amendments or supplements, the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.08, and any other administrative costs incurred by the CountyI · ' (14) Repayment of monies transferred or borrowed from ',Y any budgetary fund of the County which were used to fund any words ~ are addedJ words ~Me~h are deleted. ~" ~rov~h inpac~ad construction or t~r~en~s as herain da~lnad~ a~ -, (15) Pa~ent of principal and interest, necessa~ ~-' rese~es and costs of is~ance ~der any ~nds or o~er i~e~ess is~ed ~ ~e C~nty to ~ide funds to const~ ~ a~ire g~ i~a~ed capital transpo~ation i~~ents on ~e ~ans~at~on Ne~ork. ~ds on deceit In ~e re~e~ive Road Impa~ Fee ~st Accosts shall not ~ used for a~ e~endit~e that w~ld ~ classified as a ~intenance or r~air e~ense, nor shall ~ey be used on local /-~: roads or on interstate highways. D. ~e monies d~s~ted ~nto the re~ve Road Impa~ Fee ~st Accents shall ~ used solely to pr~de additions and lmpr~ents to the ~anspo~ation Network retired to acc~ate traffic generat~ ~ E. ~y monies on deceit which are not i~ediately necessa~ f~ e~i~e shall ~ i~est~ ~ ~e C~ty. All h~ deriv~ fr~ ~ i~es~ents shall res~ive Road Ivpa~ Fee ~st Acc~ts and used as pr~ided ~ herein. To the e~ent Depleted ~ laY. any interest acc~ed on the Road IEa~ Fees which is ~ot needed for capital tran~ation i~r~ents may. at the dis~etion o[ the Board. ~ used to fund waivers and/or deferale o[ Road ImDag~ Fees ~rsuant to Seaion 3.04 o[ this Or~ina.~e F.. ~e Road I~a~ Fees colle~ed ~rsuant to ~dinance may ~ retumed to the then ~ent ~er of the prope~y on ~alf of which such fee was paid if such fees have not ~en e~ended or ~red prior to the end of the fiscal ~ear i~ediately fo11~ing the sigh (6th] anniversa~ of the date u~n ~ich ~ch fees were paid. Refunds shall be made only in accordance with ~e fo11~lng procedurez {1) ~e then ~ent ~er shall petition ~e Board for ~e ref~d prior to ~e end of the fiscal year in vhich words ~ are added~ words :~r~ch ~hr:ug~ are deleted. -4- occurs the date of the sixth (6th) anniversary o£ the payment of the Road lnpact Fee, '.~ (2) The petition for refund shall be submitted to the County Kanager and shall contain the following: (a) A notarized s~orn statement that the petition is the then current O~ner of the property on behalf of ~hich the Road Impact Fee yas paidl (b) A ~ of the dated receipt issued for payment of such fee, or such other record as would indicate payment of such fse~ (c) A certified copy of the latest recorded deed~ and (d) ~ copy of the most recent ad valorsm tax bill. (3) W~thin th~ss (3) months from the date of receipt of a petition f~ refund, the County Kanager will advise the petitioner of the status cf the Road Impact Fes requested for refund, and if such Road Impact Fee has not been spent or ~n~nRersd within the applicabls 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 [nounbared on the basis of the first fee in shall be the first fee a. ~nv O~sr entitled to a refund ~ho fails to file a timely petition for a refund upon becomin~ eltcible to do so shall be defied to have waived any claim for a refund. and the County shall be entitled to retai.~ and ar~lv the Tm~act Fees for ~rovth necessitated capital i~rovements and additions tO County Road System. 2F~'~IOI[ TWOs ~aandmant to Section 3 · 04 of Collier County Ord~nance No. 12-22~ as sssnded Section 3.04 is hereby amended to read as follo~s: SectiOn 3.04. Affordable Housing A. Pursuant to the guidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Road Impact Fee for any ne~ owner-occupied or words MllleLtiXle~ are addod7 words :'.r~ch :hr:u;h are deleted. rental Road lapact Construc~cion ~hich qualifies as X££ordable Housing under ~ppendix C o£ this Ordinance. (1) Any person seeking an Affordable Housing waiver or defertel for proposed Road Impact Construction shall file with the County ~anagsr an Xpplication for waiver or dsferral, prior to receiving a Building Permit for the proposed Road Impact Construction. The Application for waiver or dafarral shall contain the following: (a) The name and address of the Ownsr~ (b) The legal description o£ the Residential property upon which the Road Impact Construction shall be constructsdy (c) The income level o£ the Owner or iZ the Owner is a builder, the income level o~ the household to which the Dwelling Unit will be sold or rsntsd~ (d) The number oZ bedrooms in each Dwelling Unit of the Road lapact Construction. (2) If the proposed Road Impact Construction meats the requirements for an Affordable Housing waiver or defertel as set forth in this Section, then the County ~anager shall issue a~ Road lapact Fee waiver or defertel, as applicable, to the O~ner or ~pplicant. The Road Impact Fee waiver or deferral shall be prsssnted in lieu of payment of the Road Impact Fee pursuant to Section 2.02. B. To qualify for a Road Zmpact Fee waiver or defertel, an owner-occupied Dwelling Unit must meat all of the following criesfiat (1) The Owner(s) or anticipated OWner~s~ oZ the Dwelling Unit must have a very low, low, or moderate income level. at the time of issuance of the Road rmnact Fee waiver j~T_Jilf~llA as those terms are defined in Appendix C~ and the monthly palnnen. t to purchase the unit must be within the Xffordabla Rousing ~uidelines established in Appendix C. ~ Dwellins Unit shall cualifv as owner-occuuied i~ a .. 065,, d01 words ~ are added~ words :~r;c~ ~h;;~9.% are deleted. -6- !ease-ourchase earaeneaS is in effec~ at the date issuance of the Road Tmoact Fee waiver or defertel or within thirty f301 days thereoft. and within twenty-four [241 months ~rom the date o~ issuance of the certificate of occunancv or the execution of the lease-nurchase acresmeat. whichever is later. the o~tion to ourchase is exercised and the ourchaser takes ownershim of the Dwell. laG Unit. Zf the ourchaser fails to ourchase the Dwelling Unit within the twenty-four f241 month ueriod. then the waived or deferred Road Tenact Fee must be immediateIv repaid unless the Dwellinn Unit is SOld to another aualifvina Owner. (2) The O~ner, or i£ there is nora than one Owner, one o£ the Owners, must be a first-time home buyer. To qualify as a first-tins home buyer, the Owner must not have had an ownership interest in ~ his/her primary residence in the past three ~ 31 years. (3) The Dwelling Unit aunt be the homestead of the Owner(s). (4) The Dwelling Unit must remain Affordable Housing ;, for fifteen (15) years from the data a certificate of occupancy is issued for the Dwelling ZmDact Fee is repaid to the County. C. To qualify for an Road Impact Fee daferral, a Dwelling Unit offered for rant must nest all o£ the follo~ing criteria: (1) The household renting the Dwelling Unit must have a vary lc~ or lc~ income level. at the commencement of the leasehold and during the duration thereof. as are defined in Appendix C and the amount of rent must be within the Affordable Housing 9uidelines established in Appendix C. (2) The Dwelling Unit must be the household's permanent residence. L, ,o. words ~ are added~ words ~h are deleted. ......... l_ l ..... , .... ~_ lli i~. .... r--.-J ............... ~;; r.; '.r. . D. All ~ad I~a~ FaeE deleted ~or ~er-oc~pied ~ellin~ Unite a~ ~e ~ime ~he Building Pe~i~ yea lEEued Ehall ~c~m due and payable and shall ~ lnedia~ely repaid ~o C~y u~n ~e Eale oZ ~e ~el~ln~ Uni~ ~o a eon~ali~ied ~ ~ ~ ~ided, h~er, iZ ~e Road I~a~ Fee deZe~al vaE paid vi~ S~a~e R~sin~ rni~ia~lveE Pa~nership C~P] ~am Zunas, repa~en~ viII ~ ude ~o ~he Collier C~n~y aZ~dable h~Ein~ t~s~ Zund. 'For ~oses o~ ~his ge~l~ 3.04. s n~ali~ied ~r~haser iEa PerEon ~o does Ea~iE~v ~he X~E~rdable H~Eina ~i~eria ~e~ ro~h in Subsec~ion B a~e or a Person ~o does no~ a~ee ~o ~he ~e~s o~ ~he waiver or defe~al o~ i~a~ feeE a~e~e~. E, ~e ~ Z~a~ Fees deEe~ed Z~ rental ~elling a~ ~he ~e ~e Bulldin~ Pe~i~ vas issued shall ~c~e due and shall ~ ~ia~ely repaid ~o ~s County upon ~ ~ ~ ~iacon~in~anca o~ uae o~ ~he ~allin~ ~ni~ aa ~orda~le ~: ~i~ee~ ~ ~aara ~r~ ~ha da~e ~ ia~ance o~ ce~i~i~e o~ ~pan~ ~ichaver ~a ~. ~ ~oad X~a~ ~aaa waive~ ~or a~ ~ar-oc~pie~ ~ellin~ ~ni~ a~ ~he ~ime a Suil~in~ Pemi~ waa iaaue~ ~c~e ~ue an~ paMa~le an~ ahall ~e Am~ia~el~ repai~ ~ ~ ~ ~ is sold or translated to a non~ali~ied nutchaser d~ing ~e ~iZtesn ~ year peri~ a~tsr the cs~ificats oc~pan~ is issued ~or the ~slling Unit] provided~ h~aver~ the Road Z~act Fee waiver was paid with State Housing Initiatives Pa~nership (SHIP] ~ogram ~unds, Vo~dm ~ a~e addea~ vo~dE ..... ~ ~ ..... ~ are -8- repayuen~ will be Bade to the Collier C~nty e~ordable h~using trust fund. If the Dvellinq Unit is used as Affordable Housinq ~s~ 4~s ~ 4~ ~ Wet4ed In c~liancs with Se~ion ].04 o~ this ~dinancs f~ ~l~tssn f15~ years a~ter the date the ce~i~icats o~ ~=an~ is is~ed ~or the ~ellin~ Unit, the ~ad I~a~ Fees are no lon~er due and the lien on the ~elltnq Unit shall ~ release. C. ~e ~rcen~ge o~ ~e to~l Road l~a~ Fee which shall h ~iv~ ~ de~s~ ~ant to this Se~ion for an h the ~rcsn~gs set ~o~ ~n ~ppendtx C. ~s Road lmpa~ Fees waived or deleted shall h a lien on the prope~y until all rs~ir~ents under ~is Ss~ion have been satis~ied. shall ~lds to ~s ~n~ ~na~sr an a~idavit o~ c~liancs with ~s ~teria set fo~ in ~ls Ss~ion. ~ a~idav~t must h f~lsd w~ln thi~ days o~ the a~vsrsa~ date o~ Issuance of a ce~i~lcats of ~pan~, Z~ the inc~e o~ any ~t~ rantar ~ich ortCfnallv ~ali~ted as ve~ 1~ or 1~ inc~s levml as defined in X~endtx C exceeds the X~fordable Rousinff hne~it standards set fo~h iq ~endix C ~ nora than ~o~v percent ~4011. then the defe~ed Road Z~a~ Fee shall i~ediatslv due and DaYable ~ the ~er or. in the alte~ativs. the ~sr shall have ninety ~90) days to c~Dl? V~th the ~fordable R~sin~ s~andards set ~o~h in XDDendix d~ or ~21 Z~ the h~sehold inc~e of the ~alified halline Unit rises a~s the be,efit standards for waivers aq~ ds~s~als sat ~o~h in XDDendix C. the ~sr shall maintain the vaiver and/or ds~e~al. Hotvithstandind the foreQoinQ. al~ ~tstandine Road Z~a~ Fees waived or deleted shall be re,aid In full upon sale or transfer o~ the ~ellin~ Unit non-~alified ~rchaser. exceD~ for waived Z~a~ Fees where the ~er has complied with the Xffordable RousinQ criteria ~or wordedare added; ~ords :~:=:~ ~fi:==~ are deleted. -9- ~lfteen f151 years after the issuance o~ ~ha_car~l~ieate i': Z. The Ovner receiving a Road Zmpa~ ~ee va lye: or de~al shall ~t~ into an l~a~ lee a~e~en~ vi~h the C~n~y ,, ~lch a~s~ent shall ~lds ~or, at s minis, the -., a~ shall ~er include ~ch ~tstons de~sd necessa~ ~ the ~ ~ to e~e~uate the pr~stou o~ this (1) ~e l~al des~tptton o~ ~e ~elltnq Unit. (2) ~ere a Road I~a~ Fee waiver ~ de~e~al is ~tven ~ to an ~er ~o will ~ selltnq or rentln~ ~e ~ell~q ~;' to a ~~t ~chaser or tenter, ~m Road ~, Const~ion ~st ~ sold or rented to h~seholds the ~lteria set Zo~h In this SeXton in order to maintain the vaiver ~ de~e~al. Road Z~a~ Fee vaivers da~e~als paid f~ wt~ State R~slnq Initiatives :; Pa~nlrshlp [~IP] ~am funds will ~1~ ~ ~anted dire~ly ~ ~s neetin~ ~endix C ~all~ications and i: a~l ~t~ to ~lldln~ Petit is~ance. A ~ellin~ ,. shall ~ali~v as ~er-oc~ied i~ a lease-~rchase ., a~enent is in e~fe~ a~ the date o~ is~ance o~ the r~a~ Fee vaiver or dere~al. or vlthin thi~y (30J day2 thereo~. and vithin ~entv-f~r ~24~ months fr~ the date o~ issuance o~ the ce~i~icate o~ ~oan~. or the exertion o~ the lease-~rchass a~euent. ~ichever Is ]a~er. the ~tion ~rchsse is exercised and the ~urchaser ~akes ~ershio o~ the ~ellin~ Unit. ~ the ourchaser ~ails ~o ~rchase the ~ellina Uni~ vithin the t~entv-rour f24~ month ~eriod. then t~e v~tyed or defe~ed Z~act Fee ~s~ ~ repaid iuediatelv unless the ~ellina Unit is sold to another ~alifyina (3) For ~er-oc~pted ~elllnq Units, the amount ~ Impact Fees de~e~ed shall be repaid to ~e County upon the sal~ ~ ~ dl=czn~In==~: ~ ~ vo=dm ~ are added; roads -~----~ ~k ..... ~ a=e or transfsr to s non-~ualified eurchassr~ provided, h~svsr if Road ~spsc~ Fees were paid with Stars ~ousing partnership [~HIP] ProgTam funds, repayment will be made to the Collier County affordshis housing trust fund. For rental un~tst the Road Impact Fees deferred shall be repaid upon sever ~ the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen ~ years from the issuance of a certificate of occupancyt vhichevs~ occurs first. ~ven ~ ~be t~eed ~ (4) For owner-occupied Dwelling Units where Road ~npac~ Fees have bsen waived, ths Dwelling Unit must be utilized by the oriainal cualifvin~ Ovner. or subsec~ent ~ualifvin~ ~urchaser. ~;r as A~fordable Housin~ cc~liancs with Section ~.04 of this Ordinance for a fifteen ~ year psr~od after the certificate of occupancy is issued and if the Dvelling Unit eesses ~e 4h~SeS [saf1~ is sold to a non-raalifvin~ ~rchaser, the Road Impact Fees shall be repaid to the County. If Road Impact Fees were paid with State Housing Initiativsl Partnership [SHIP] Proqram funds, repayment vail he made to the Collier County affordshis housin; trust fund. (5) The deferred and/or waived Road Impact Fees shall be a lien on the property ~hich lien may be foreclosed upon in the event of non-compliance w~th the requirements of ,0. 065 106 vords~ are added~ vords-'--'-" '~ ..... ~ are deleted. -11- the a~rsssent. ~he acressent described heroin shall ouerate ae a lien aaainst the Dwelltoe Unit. ~e lien shall tenthate ~on the recordind of a telsame o( satisfaction lien Jn the ~bltc records o~ Collier C~ntv. Zn the case o~ the vatvet. ~ch release or mariafalCon shrill be ~iled ~t~teen rearm a~ter the issuance o~ the ce~t~tcate oc~nan~ nr~ided ~er t~ed fn cmltance with the a~e~ent or ~ r~anent. Yn the case o~ a doge=a1. ~ch release shall h reco~ed mn reD~nent. (6) ~allv. the ~ar o~ a rental ~alltna Unit shall ~r~tds to the C~n~ Manscar an affidavit of c~nlianca with the ~iteria se~ ~o~h in this Se~ion. ~n affidavi~ Es~ h filed within thl~v days of the anniVersa~ date of the issuance of a ce~ificate of oc~Dan~. Zf the inc~s of any unt~ rantar ~ich oricinallv ~alified as ve~ 1~ or 1~ inc~s l~el as defined in X~endix C exceeds ~ffordable R~sind hnefi~ standards ss~ f~h in Xnuendix C ~ nora than fo~v uercen~ ~40~!. then the defe~ad Fee shall hocks i~sdiatelv due and nayable ~ the ~sr or. in the altemativs. the ~er shall have ninety days to c~nlv with the Affordable Rousinc standards se~ fo~h in A~endix C. (7) ~n satisfa~o~ c~plstion o~ the a~asmen~ rs~ir~ents~ ~e C~nty shall rec~d any necessa~ do~entation evidencing same, including~ h~ no~ limited to, a release of lien. (8) ~e a~esment shall be binding upon the ~sr's successors and assigns. words ~ are added; words str;:~ ~ ...... are deleted. -12 - (9) The agreement shall be recorded in the Official Records o£ Collier County. ~. The amount o£ Road Impact Fee waivers and deferrail ~ranted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board e~ ~ ~esssA~e~ at 4h~S~ its final public hearing regarding the adoption of the annual County budget and the amount allocated to Road Impact Fee waivers ~r defertale in the Collier County Housing Assistance Plan, as created by Collier County Ordinance }~o. 93-19. Road Impact Fee waivers and de£errals pursuant to this Section shall begin in the 1993-94 fiscal year or earlier upon receipt of State Rousing lnitiativel Partnership [SHIP] Program funds. Y~act Fees waived or deferred by the Board shall ]~a paid bv the Board into the JG~32JLtA~I road impact fee trust account within six (6J years from the date of the award of a deferral and/or waiver as ~rovided hereins but in nO event, ~e later than the time when that amount is needed for a pro~ect funded by those Road I~pact Fees waived or deferred. The Board shall ~av into the a~ronrtate road imuac~ fee trust account such amounts eoual to any Road ~muac~ Fees ereviouslv waived or deferred Board or previously axemuted or reimbursed bv the Board within six (SJ years from the date of such waiver. deferral. exem~tion or reimbursement but° in no event° later than the time s~ch amounts are ~aeded for a Dro~ect funded bv those rm~act Fees waived. deferred. exempted or reimbursed. Waivers and dsferrals shall be issued in the order that completed qualifying applications are received by the County Nanagor. At least forty percent f40%] of the amount budgeted for Road Impact Fee waivers and/or defsrrals must be utilized to fund ~ Impact Fee waivers and/or defertale for single family owner-occupied Dwelling Units serving the very low and lbv income levels end ~ words ~ are addsd~ words :'-~c~ ....... are deleted. -13- ~o Any changes or amendments to Appendix C or the minimum fundin~ requirements ad~tsd In this SeXton ~s~ oc~r as an '~dluncs a~snt at a ~bltc hearing o~ ~s Board o~ C~nty ~tss/~srs ~ing a?tsr S:00 p.m. ~. No A~dable Rous~n~ ~alver or de~e~al shall be ~anted for a R~ad Z~a~ Constation ~o~e~ which consists a Mobile H~. ~d~ce No. 92-22~ as ~ende~ A~nd~x C ~s here~ ~ended to read as ~oZl~s: ~0~L~ H~SING D~IHZTIOHS~ B~ffIT ~e' ~oll~n~ set ~o~ ~e applicable definitions and benef~ standards for ~fordable R~s~nf ~ell~n~ ~n~ts for the o~ dete~[n~nf eligibility for Zqa~ Fee va~vers and de~e~als (here~n ~efe~ed to as "Nnef~ts"), D~NI~ONS OF ~~LZ HOUSING lN~ a) Ve~ 1~ ~nc~e families means those ~am~l~es whose inches do not exceed fi~ty percent (50t~ o~ the med~an ~nc~e ~or ~e ~ea as dete~ined ~ the Se~eta~ o~ the U, S Depa~ent o~ ~s~ng and Urhn Develo~ent (area median inc~e) b) ~ ~nc~e fntl~es means those families whose ~nc~es are more ~an ~i~tv percent (50t~ and do not exceed ~ Z60l~ o~ ~e area medl~ ~nc~e as dete~ined ~ the Secre~a~ the U.B. Deua~ment o~ Housine and Urban Develo~en~ (area C) H~erate ~nc~e families means those families ~nc~es are more ~an si~v eercWpt (6OIl and do not exceed elahtv uercent (80IZ o~ ~e area aed~an ~nccme as dete~ined the 8e~eta~ of the U.S. DeDa~ment of R~sin~ and Urban Developant (area median inc~el. For a hell~ng Unit to h dete~ined to be a~fordable, the monthly rent o: mon~ly montage pa~ent, ~nclud~ng property taxes and ~ns~ance shall no~ ~e In excess o~ thi~v uercent Z301Z o~ ~e fn~l~es h~sehold ~nc~e, Zn no instance vil~ rental limits exceed the rental limits established ~ the FlOrida Housine Finance Xaen~ for rents adjusted to bedroom size in Dro4e~s assisted under the S~ZB ~an ~ram or the ~v Income Hourthe ~ax ~adtt ~am based on unL~ size, B~EFIT ST~S a) A~ordable Hous~ng ~er-oc~p~ed ~ell~ng ~nlts which exclusively sa~e ve~ 1~ ~nc~e families and which are the ~er's homestead shall have one hundred uercent (100t~ o~ appl1~ble Zmpa~ Fee waived pursuant to ~e te~s o~ the Zmpa~ Fee Ordinanoe. b) A~ordable R~sing rental ~elllng ~ts which exclusively sere ve~ 1~ ~nc~e ~l~es shall have ~ words ~ are added~ words :~=;:~ ~=~;~ are ~100%~ oZ the applicable Impac~ Fel deferred pursuant to ~ht tam oZ the l~pac~ FIe Ordinance, c) Affordable Rousing ~vner-ocoupied Dwelling Units ~ich exclusivsl~ se~e l~-inc~e Zaailies and ~ich are the ~er's h~estead shall have ZiZtv ~ercent ~50t~ o~ the applicable lmpa~ Fees waived and have fi~ty percent [50t~ o~ the applicable lmpa~ Fee deleted ~rsuant to ~s te~s o~ the l~ Fee ~dinance. d} XZ~ordable H~sing rental ~alling Units which exclusively se~e 1~ inc~e Zamilies shall pay fifty percent ZS0tl oZ ~e applicable l~a~ Fee, and shall have ~i~tv percent 150t~ o~ ~e appli~ble Z~ac~ Fee deleted, pursuant to the te~ o~ the l~a~ Fee Ordinance. e) A~fordable H~sing ~er-oc~pied ~elling Units which excluhely se~e s~erate ~er's h~estead shall ~ retired to pay seventv-~ive eercent ~75t~ o~ ~e a~licable l~a~ Fee, and shall have tvent~-~ive percent [25t~ oZ the applicable Zmpa~ Fee deleted pursuan~ ~e tern oZ ~e Z~a~ Fee ~dinance. f) Road Z~a~ Constation which meets the ~iteria set fo~h in Su~ections b and c oZ Seaion 3.05 construed ~ an ~gen~ o~ Collier C~nty or ~rsuant to an intorival a~eemen~ with Collier C~nty and which constation ~s one hundred percen~ [100t~ g~e~ent Zunded shall have erie hundred earcan~ ~100t~ o~ the l~a~ Fees for that constation ~aived, ~rsuan~ ~dinance. N~= ~ ~en~ent to ~e X~endix shall re~ire a ~blic hearing oZ ~e Board oZ ~ty C~issioners ~ing alter 5=00 ~s pr~lsions of ~is ~dtnancs shall bs lt~rally cons~sd to sfZs~tvsly ca~ ~t Its ~sss in the tn~srsst oZ ~1t~ healS, safety, vslZars and convenience. IZ any ss~ion~ p~ass~ sentence or potion oZ this ~dtnancs is for any reason held invalid ~ ~constitutio~l ~ s~ c~ o~ c~stsn~ ~lsdl~i~ ~ch potion shall ~ ~s~sd a separate, ~ts~lnc~ and independent pr~lsion~ and valldltyo~ ~I r~ining potions that=oZ. i~l~s IZZeotivs Date ~l~d~nance shall ~rom the Be~sta~ o~ Brats that th~s Ordinance h~s been ~led words ~ are addedX words :~.~::: ~:::~.. are deleted, PXSSED M~D DU~Y M~PTED by the Board oZ County C~missioners o~ Collist c~y, rl~ida. ~hi, ~ da~ o~ ~~ . ~994,. ,~ ~ vords ~ are added~ vords :',,--=:~ t~::=~.~. are deleted, COUNTY OF COLLTER l, DWIGHT Eo BROCK, Clerk of Courts in and for the Twentieth Judicial Clr~it, CoZZler C~nty, rZorlda, do hmrm~ certify that the foregoing is a t~e co~ orz Ordinancs fro. 94-8 which ~ms adoptmd ~ thm Board of County Co~lsstonmrs on the 16th day of Feb~a~, 1994, during Special Session. ~SS ~ ~nd ~d the o~fictal seal o~ the Board Co~ty Conisstonerm of Collier County, Florida, this 24th day o~ Feb~a~, 1994. Clerk o~ Courts and Clerk' Ex-oZficio to Board County Co~issAonerm ; ' Deity Clerk