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Ordinance 94-14 WHXKEAS, the Board o£ County Commissioners of Collier County on November 27, 1990, enacted Collier County Ordinance No. 90-87, establtshin~ a Collier County Re~ional Sewer ~ystem Impact Fee WKZ~XAS, the Board of County Commissioners of Collier County on 0~ane 18, 1991, enacted Collier County Ordinance No. 91-51, 8sendln9 Ordinance No, 90-87I and WHZRrJ~, the Board of County Cmmissionars of Collier County on Novsaber 10, 1992 enacted Collier County OrdLnanca No. 92-92, alezidlng Ordinance lie. 90-871 and WHEREkS, the Board of County Cosmtssiouare of Collier County on Dace/bar 16, 1992 enacted Ordtrmnce No. 92-94, further seendin9 Collier County Ordinance Re. 90-87; and WKZRZX8, the Board of County Commissioners of Collier County on August 10, 1993 enacted Ordinance No. 93-49, further amending CoXliar County Ordinance No. 90-S7; and WHXRFJtS, the Board of County Commissioners of Celllet County on February 28, 1994 enacted Ordinance No, 94-3 further amending Collier County Ordinance Z~o. 90-87. NOW, THXRXFOP~, BE IT 0RDAINED BY THE BOARD OF COUNTY COMMIBSZON~It~ OF COLLIZR CO~qTY, FLORIDA that: fiCTION earl. ARendment to lestton 3,04, lLe~o~dable wousinq of Collier County Ordinaries axe. 90-17; as amended, Section 3,04 is hereby amended to read as follows: Section 3,04 Affordable Housing A, Pursuant to the guidelines established In this Section, the County shall (1) vaive or (2) defer, as applicable, the payment of the Tmpac~ Fee for any now ernst-occupied or rental 565 Z32 Words IL~ are added; yards -~r:=~. '-~=~a~.% arm deleted. -1- liver Bystem Zzpaet, Development vhich qualifies as affordable Honsin~ under Appendix A of this Ordinance. (1) an~ person seeking an Affordable Housing waiver or defertel for proposed Sewer System Impact Development shall file with the County Manager an Application for waiver or defertel, prior to receiving a Building Permit for the proposed Sewer System Impact Development. The Application for waiver or deferral shall contain the followingz (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Sewer System Impact Development 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 Sewer Systel Impact Development. (2) If the proposed Sewer System Impact Development meets the requirements for an Affordable Housing waiver or defertel as set forth in this Section, then the County Manager shall issue an Impac~ Fee waiver or defertel, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral 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 defertel, an owner-occupied Dwelling Unit suet meet all of the folioring criteria z (1) The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impact Fee waiver or defertel, as those terms are defined in appendix A, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix A. A Dwelling Unit shall qualify as owner-occupied if a Words ~ are added; words s~.r;ch ~.h;;u;.~. are deleted. -2- l~aae-pu~c~ame a~Teeaent im in efZec~ at the date lenanee o~ ~e X~a~ Fee weaver ff de~e~al or within ~izty (30) days ~ereof. a~ wi~in twnty-~: (24) f~ ~e ~ta o~ ienance o~ ~a ce~ificate o~ ~pan~ ~a ue~ti~ of ~e leaee~chaee a~enen~, ~ich,er later. ~e ~ion ~ ~chaee is exercised and ~e ~rchaser ~aa ~arship of ~e ~elling ~i~. Z~ the ~chaser fails to ~chase ~e ~ellin~ Uni~ wi~in ~e twenty-f~ (24) ~ ~:i~. ~en ~e ~iv~ ~ dale,ed X~a~ Fee (2) ~a ~e~. , ff ~ara is mo:e ~an one (1) ~alify as a rirst~ime h~o ~er~ ~e ~ ~st n~ have ~d an ~ahip interest in his/her ~~ residence In ~e ~mt ~ (3) years. ~(s), (4) ~e ~ellin9 ~it nst rein ~Zo~able Housing f~ flZ~ (1S) y~s fr~ ~e ~te a ce~i~lcata Fee Is rs~id ~ ~. C. To ~ltZy f~ u l~ Fee dsf~l, s ~sllln~ (1) ~s h~s~old rsn~Jn~ ~e ~lltng ~t~ ~,t have a ve~ 1~ ~ 1~ tacks level, at ~s c~encuent o~ lsas~o~ a~ d~tn~ ~s duration ~eoZ, as ~oss ~s deZ~ in A~tx A and ~e ~t oZ rent ~st wt~ ~s A~II H~stng ~tdsltnss ss~bllshsd in (2) ~m ~slling ~it ~st ~ ~s h~sehold,s ~mnsnt residence, D, All I~a~ Fses defs~ed for ~er-oc~pied ~slling ~l~ a~ ~s tins ~s ~ilding Psnit was lssu~ shall ~c~s due and paYAble and shall be inediatsly repaid to the County upon ~hs sale of the Dwellira/ Unit to a non-qualified purchass~ provided, however, it the Impact Fee dsfsrral was paid with State Bousin~ Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.04, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection S above or a Person who does not agree to the tam of the waiver or deZerral of impact fees agreement. X. The lapact Fees defamed for rental Dwelling Units at the time the Buildira/Permit was issued shall become due and shall be isaediataly repaid to the County upon the discontinuance of use of the Dwellira/Unit as Af£ordable Housing or fifteen years from the data of issuance of ~he certificate or occupancy, whichever occurs F. Amy lapsot Fees waived for an owner-occupied 'Dwelling Unit at the tins a BuildinV Peruit was issued shall become due and payable and shall be immediately repaid to the County if the Dwellinq Unit is sold or transferred to a non-qualified purchaser durinV the fifteen (15) year period after the certificate occupancy is issued for the Dwelling Unit. lr the l~paot Fee waiver was paid with State Housing Initiatives Partnership [SHIP] ProVran funds, repayment will be made to the Collier Couty affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.04 of this Ordinance for fifteen [lS) years after the date the certificate of occupancy As issued for the Dwelling Unit, the lapact Fees are no lonVer due and the lien on the Dwelling Unit shall be released. G. The percentaVe of the total lapact Fee which shall be waived or deferred pursuant to this Section rot an owner-occupied or rental Affordable Housing Dwelling Unit shall be percentaVe sat forth in Xppendix ~. The Impact Fees waived or Words BIBiSELtnSi are added2 words :'.r;:~ '..~-'-;.~. are deleted. ;.~ -4- !'~ dsfsrrs~l shell be s lien on the property until sll requirements , under this Ssetion hays been satisfied, :~, ~" H. {1) 12mually, the Owner of s rental Dwelling Unit '~ shall provide to the County lianaget ~ 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 crtgtnally qualified as very low or low income level as defined in ~pendlx It exceeds the Affordable Housing benefit standards sat forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payabls by ths Owner or, in ths alternative, the Owner shall ,~ hays ninety (90) days to comply with the lffordable Housing standards set forth in lppendlx A. (21 If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and ~ dsfsrrals set forth In lppendlx A, the Owner shall saintsin the ," waiver and/or dsfsrral. Notvlthstandlr~ ths fors~lotng, all outstandln~ Impact Fees waived or deferred shall be repaid upon sale or transfer of the Dwelling Unit to a non-qualified ',Ci purchaser, except for waived Impact Fees where the Owner has .'. complied with the Mfordable Housing crtUrta set forth In Section 3.04 for fifteen (15) years after the issuance of ths certificate of occupancy. I. The Owner receiving an Impact Fee waiver Or defertel i, shall enter into on Impact fee agreement with the County which 'L agreement shall provtds for, at a minisum, the following and o! .~ shall further tncluds such provisions deemed necessary by the ' Board to sffectuats the provisions of this Sections ! (1) The legal description of the Dwelling Unit. .~.. (2) Where an Impact Fee waiver or defertel is given to ::'~ an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or tenter, the Sewer System Impact Development must be sold or rented to households meeting the Words ~ are addedt words :~.r;;.'. ....... are deleted, -5- orktetia sat forth in this Section in order to maintain the waiver or deferraZe Impact roe waivers st defertale paid for with State Houstnq Initiatives Partnership [SltIP] Progras funds viII only be granted directly to buyers seetin~ Appendix A qualifications and approval prior" to Bulldirty Penit issuance. A Dwelling Unit shall qualify as ownor-occupied if a lease-purChase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or thirty (30) days thereof, and within twenty-four (24) months from the data of issuance of the certificate of occupancy, or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dvsllin~ purchaser fails to purchase the Dwsllin~ Unit within the twenty-four (24) month period, then the waived or deferred lapact Fee Bust be repaid iemsdiatsly unless the Dwelling Unit is sold to another qualifying Owner. (3) For owner-occupied Dwelling Units, the amount of Impact Fees deferrod shall be repaid to the County upon the sale or transfer to a non-qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [21aP1 Program funds, repayment viII be made to the Collier County affordable housing trust fund. For rental unitst the Impact Fees deferred shall be repaid upon the discontinuance of usa of the Dwelling Unit as Affordable Rousing or fifteen (15) years from the issuance of a certificate of occupancy, whichever occurs first. {4} For owner-occupied Dwelling Units where Impact Fsss hays bean waived, the Dwelling Unit Bust be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.04 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Impact Fees ,m 065 237 Words ];J:l~llFJJJll~ are added; words -'--'-~ '~ ...... are deleted. eh~t11 be repaid to ~hs County. Zf Znpac~ Fees were paid with seats H~st~ Zn~tiat~ves Pa~nershlp [~ZP] ~am f~st repa~n~ will h ~de to ~e Collier C~y aZZ~blo h~si~ t~st (5) ~e ds~s~sd a~/or waived l~a~ Fees shall ~ a lien ~ ~s ~~ ~lch lien ny ~ f~eclossd upon in ~e ~ent of n~~lisnco 'wl~ ~e r~iraents of the a~emn~. ~e a~eaent des~ihd here shall ~erate as a lien against ~e ~elling Unit. ~e lien shall te~inate ~ ~e receding of a release or satisfa~ion of lien in ~e ~lic recede of Collier C~ty. In ~e case of a niver, ~ch release or latisfa~ion shall ~ recorded fif~en years af~ ~e Ce~lficate of ~an~ Is issued, ~ r~nt. In ~e ~se of a deZe~al, ~ch Release shll N fil~ u~ repa~ent. (6) mlly, ~e ~er of a renal ~elling ~ll~ce wi~ ~e ~lt~ia set f~ in ~is Se~ion. aff~davit nt ~ fll~ wl~ln ~i~ (30) days of miv~s~ hte of ~e Js~ce of a ~ificate of ~lified as ve~ 1~ ~ lw inc~e l~el as defined A~ix A eX~2 ~e AlloWable H~i~ ~efit stan~s se~ fo~ In A~~ A ~ more ~an fo~ ~rcent (40%), ~en ~s de~s~ Z~a~ Fee shall ~c~e i~iatsly due a~ pay~ls ~ ~e ~er ~, In ~s airsstirs, 211 ~vs nine~ (90) days to c~ly wl~ ~e AZZordabls H~si~ s~r~ s~ ~ In A~ix A. (7) ~n satisfa~o~ c~letion oZ ~e a~saent r~ira~, ~e C~ty shall rsco~ a~ nscsssa~ d~entation evidencing s~e, includin~, ~t to, a release oZ lien. Words ~ are addS7 words ....... ~ ..... are deleted, fat Tn ~he event the O~ner is in default under this aere~sen~. a~d the default is not ~ured vithin thi~v days after ~i~tsn n~iee is ~ided to the ~er. the Board nv ~i~ a civil a~ion to ~nfores ths ~ ~ard shall ~ sq~itled to reefer all fees and costs. includina atto~ev~s lass and costs. in~ ~ the Board In anforcina this a~eeent. ~lus interest at the sta~t~ rats f~ ~ud~snts cal~la~sd o~ a ~almndar da~ basis until ~9) ~ ~ a~sesnt shall ~ bl~in~ upon ~sr~s ~e~ss~s and assl~s. ~ ~*~ ~ a~s~snt shall ~ rsc~dsd in OZZleiml ~e~s oZ Collist C~nty. · . ~m ~t oZ Z~a~ Fee ~lvers a~ dmfe~als ~ant~ ~m ~ ~ls Sa~i~ shall ~ liaitsd~ In to~l~ to ~ a~lat~ ~ ~ ~d a~ its fill ~liO' a11~ ~ X~ Fas nivsrs and defa~als ~ ~o ~ B~ ~sl~cs Plan, as ss~lish~ ~ Collier ~~ No. 93-19. l~a~ Fas nivsrs ~d dsZ~als ~ ~is Ss~i~ ~11 ~in in ~ 1993-94 Zis~l ys~ or ~ r~sl~ oZ a~ S~sin9 Xnitiativss P~srship [~P] ~n Z~s. ~11 X~a~ Fass niv~ ~ dsZs~ shall ~ paid ~ ~ ~ard into ~ s~sr ~st~ i~ gas ~ accent ~l~ln s~sn (7) yaars fr~ ~ data oZ ~ a~ard of a waivsr a~/~ dsfs~al as ~id~ hersin, ~t in no ~snt, latsr ~an ~a~ t~ ~.sn ~t mt is nssd~ Z~ a ~oJs~ f~dsd ~ose ~ Fees ~iv~ or defe~. ~m ~d s~ll pay into ~t s~er ~sta l~a~ Zoo tnst accent ~ch am~ts e~al ~y Impa~ Fees prevl~sly waived or deEe~ed ~ the Board or ~i~ly u~t~ or rel2rs~ ~ ~e ~ard widen seven (7) ; years fr~ ~e date of such waiver, deZ~al, exition or -, , roUsemerit, ~t in no event, later than ~e time such amours art nl~ Zora pro~e~ Z~ed ~ ~ose l~ Fees waived, Words ~ are a~ed; words :~r~:~ ~:==;~ are deleted. -8- '~ dafrez'ra;d~ or exestpted o~ rslnburead. Waivers and dsfez'Fals shall be issued in the order that completed qualifying applications are received by the County Kanagsr, At least forty percent (40t) of .:.~ the anount budgeted for Znpac~ Fee waivers and/or dsfsrrals must be utilized to fund Impact Fee waivers and/or defertale '.for single £&ully owner-occupied Dwelling Unite serving the very low and low income levels, K, Any changes or amendments to Appendix A or the sinin funding requirements adol~ed in this Section must occur as an !; ordinance madRent at a public hearing of the Board of Count/ Coniesionars occurring after Sg00 p,n, L, No Affordable Housing vaiver or deferrer shall be granted for · Sever 8ystma Impact Development pro~ect which consists of a Mobile N. J~lthough this Section is aimed at addressing hey Sever 8ysm Impact Development vhich im characterized an ~fordable Housing harein, the Board shall have the discretion, and not the :. obligation, to consider the grant requests for waiver or daferral for existing Dwelling Units vhich are cherac~erized as Sever Syam Impact Development, provided such housing othervies meets the requirements o£ this section and ~ha Board determines there are funds available to grant such a request. Any such request shall no~ be considered by the Board if not made within 180 days or connection 0£ the Dwelling Units to the Sever System. N. No~vi~h-tandtna any provisions elsevhsrs in this Ordinance to the contrary. any Ovner that develops an Affordabl- Housina rental aoar~ment cmlex consistins in vhole or uar~ Dwellins Units setvine very low and/or low income levels and meetins all raauirements. and sub4ec~c to all conditions. Sa~ion 3 · 04 shall be entitled to defer one hundred percent f100%1 of the Tm~ac~c tees a~olicable only to such rental Dwellinq Units maryins very lay and/or lay income levels ifz fil all sUCh deferred T~ae~ tees are oaid on or before the end of six years from the data such ZmO_ac~ tees are deferred: and fill the rental aoar~men~ develoomant shall remain Affordable Housina Words ~ are a le0~i vo06r~sPA~ dd hee~ are deleted. -9- ~-.. ~s ~tst~s o~ this ~dtnancs shall ~ ll~rally ~t~ ~ s~fs~tvsly u~ ~t its ~sss ~n ~s 1ntiseat o~ pllc healS, safety, welfare a~ convenience. I~ a~ sgt~, p~ass, sen~n~ ~ ~lon o~ ~ts ~dlnance rus~ held t~1td ~ ~c~titutl~l ~ a~ c~ o~ c~stsnt ~t~1~t~, ~ch ~t~ shall ~ de~ a separate, dtsttn~ ~ t~~snt ~tst~, and ~ch holding shall n~ af~e~ ~ls ~dln~cs shall ~c~s sffs~lvs u~n receipt of n~lcs ~ ~s Se~s~ o~ S~ts ~t ~ls ~dlnancs has ~sn wl~ ~s $s~s~ o~ Sta~. o~ ~11t~ ~, Fl~tda, ~ts ~ ~y o~ ~ . '.~~, ..~-. ~,. Words ~ arm added( words :'.=;;~_ '-h=;;~.% are deleted. - 10 - ITAff OF IT.,ORZDA } COUNTr OF cor, r,:zzR ) '!~,' Z, DWZGXTT Io BROCK, Clark of Courts in and for the :, ,i.', Twentieth 3udlcJsl Circuit, Collier County, Florida, do hereby certify that the foregoing is a true col~ Ordinance/To. 94-14 which was adopted 1~ the Board of County Commissioners on the 30th day of 14arch, 1994, during Special Session. :~. · ;fZTNES$ m/hand and the official seal of the Board ~ Count~ Commissioners of Collier County, Florida, this 6th day of April, 1994. , ~:.; .... ,.. · / . ..-. /.~ DMIG~Z".E, B~Ob"~- ~" -..: ,', Clark of Courta and Clez~k "' Ex.-offI. o,to. to Board · ," Count~f'Coniaatonera './~ ..,.-'.. ., - ..7.t · ,~. i" .. ;.- .,,~ De.pu.t~/Clark ,... /.,,- - ~- .L...'