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Ordinance 94-16~t.~ AMXI~ING COLLIER COUNTY OI~INANC~ AS AMENDED~ REIATING TO ~E COLLIER r-IBRARY SYSTEM IMPACT FEE ORDINANCE[ AMENDING SECTION 3.04, PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE HOUSING~ PROVIDING FOR CONFLICT ANEF 2EVERABILXTYI AND PROVIDIN~ AN EFFECTIVE DATE.~ WHEREAS. the Board of County Commissioners of Collar Cq~!~ty on December 13, 1988, enacted Collier C~unty Ordinance No. 88-97, establishing a Library System Impac~c Fee Ordinance$ and WHEREAS, the Board of County Ccsmissioners of Collier County on ~anuary 21, 1991, enacted Collier County Ordinance No. 91-11, which amended Collier County Ordinance No. 88-97l and WHEREAS, the Board of County Cmmissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-96, which amended Collier County Ordinance 88-97~ and WHEaTaS, the Board of County Cmmissioners of Collier County on August 10f 1993 enacted Ordinance RO. 93-51, which. amended Collier County Ordinance No. 88-97~ and maREAS, the Board of County Commissioners of Collier County on February 28, 1994 enacted Ordinance No. 94-5 further amending Collier County Ordinance No. 88-97. NON, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THATI SBCTION GIrls amendment to seotion 3.04 of Collier Ordiamnoe Io. 88-97, as amende4 Seo~ion 3.04 la hareby amended to read as followsz Section 3.04. Affordable Housing A. Pursuant to the guidelines established in thie Section, the County shall (1) waive or (2) defer, as applicable, the palment of the Ispa~c Fee for any new owner-occupied or rental Library System Impac~ Construction which qualifies as Affordable Housing under Appendix A of this Ordinance. (1) Any person seeking an Affordable Housing waiver or deferral for proposed Library System Impact Construc~cion shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the .. 065 ,,,, 254 vordm ~ arm addedi worda =',r;;~_ ........ are I='~X~sad Z,J, brary eyetea Z:q~ac~. construction. The · * Xppl~oatlon tot vanvet or aletetra1 ehall contain the i' ' tollovin9 s ~ (a) The nane and address of the Ovnerl ..' (b) ~e :leqa:l description o£ the ReaidentiaZ '!*~"* conettucted~ ~" (c) ~e income level of the Ovnet o~ t£ the Ovnet 1~ a ~" b~lldet~ t4~e Income level at the household to vhtc~ the Dve111ng gntt vtll be mold ot tented~ :!.. (d) ~he nlzlbet of bed~ooll in each Dve111nq Unit t~e t,~braty Syete~ Z~aet Constz~ctlon, (:2) Zt the ~toposed ~.tbtaty Syste~ Zmpaet Constt~etton meets t~e teq~ltmnta tot an A£totdable !1oueln~ vatvet deferral as set forth in this Section, ~hen the CounL~/ Kenafar ahall issue an lapact Fee vaiver or defertel, as applicable, ~o the Owner or Applicant. The X~pac~ Fee waiver or daferral shall be presented in lieu o£ paymen~ the zspac~ Fee pursuant to Se~cion 2.02. B. To qualiZy for an Zmpac~ Fee waiver or deZerral~ an owner-occupied Dvelling Unit sust neat all of ~he Zolloving erl~eria: ~: ( l ) The Ovner ( · ) or anticipated Owner ( · ) oZ the "' Dvellimg Unit sust have a very lov, lov, or Roderate income · level, at the time o3 issuance o3 the lapact tee vaiver or deZerral, as those terms are defined in Appendix A, and the monthly .payment to purchase the unit sust be within the /L~£0rdable Housing 9uidelines establiahed An Xppendix X. Dvelling Unit .ehall qualify am ovner-occupied iS a lease-purchase a~reement is in eZZect at the date issuance o3 the X~pact tee waiver or de£erral or within thirty (30) daya thereo£ and within twenty-Sour (24) months ~rom the date o3 issuance of the certificate of occupancy or the execution of the lease-purchase agreement, Whichever yards ~ a~e addison; a~e deleted, -2- ~ l~tef', the option to I:mrchaae is exercised and the purchaser , takes ownership of the Dwelling Unit. Xf the purchaser ., fails to purchase the Dwelling Unit within the twenty-four ' (24} month period, then the waived or deferred Impact Fee must be immediately repaid unless the Dwelling Unit is Sold to another qualifying Owner. (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 in his/her primary residence in the past ~,. three (3) years. (3) "ha Dwelling Unit must be the hmaestead of the Ovner(a). ~ (4) The Dwelling Unit must rmin Affordable Rousing for fifteen (15} years from the date a certificate of occupancy is issued for the Dwelling Unit. C. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rant must meet all of the following criteria= (1) The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms ere defined in Appendix A and the amount of rent must be within the affordable Housing guidelines esteblishnd in .; Appendix A. ;.,- (2) The Dwelling Unit must be the household's ~. pemnent residence. D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon "'; the sale of the Dwelling Unit to a non-qualified purchaserl " provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment i will be made to the Collier County affordable housing trust fund. For the purposes of this Section 3.04, a non-qualified purchaser words $Dldlr/JJl~ are addedl words =~-~-;:h ~-.~.r;;~.~. are deleted, -3 - is a ~son who does no~ satisfy the A£fordabls Housin~ .itstie set forth in subsection B above or a Person who does nct agree the terms of the waiver or defertel of impact .fees agreement. g. The Impact Fees deferred for rental Dwelling Units at the time the Buildin9 Permit was issued shall become due 'and shall be issediately repaid to the County upon the discontinuance o£ use o£ the Dwellin9 Unit as AffOrdable Housing or fifteen (15) years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Xny Impact Fees waived for an owner-occupied Dvsllin~ Unit at the time s BuildJeW Permit was issued shall become duo and payable and shall be issedtately repaid to the County if the DwelljeW Unit is sold or transferred to m non-qualified purchaser durin9 the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership Progem funds, repayment will be made to the Collier County affordable housing trust fund. If the Dvellin9 unit is used as Mrsfriable Housing in compliance with Section 3.04 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwellin9 Unit, the lmpac~ Fees ere no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental &tfordable Hensin9 Dwelling Unit shall be the percentage set forth in lppsndix 1. The Impact Fees waived or deferred shall be a lien on the property until sll requirements under this Section have been satisfied. H. (l) Annually, the Owner of s rental Dwelling Unit shall. provide to the County Nanager an affidavit of compliance with the criteria set forth in this Section. Xn affidavit must be filed within thirty {30) days of the anniversary date of the Issuance of a certificate of occupancy. If the Insores of any ~rd$ ~ are added; w~d$ _-~.~:.% ~.~=~ are deleted, unit re'tar which originally qualt£1ed as very low o~ low income lm1 as de~in~ in A~ix A excs~s ~e A~f~dable H~si~ ~eZit s~r~ set Z~ in ~ix ~ by s~e ~an ~n~ (4Or), ~sn ~s defamed X~a~ Fee shall ~ia~ly due a~ ~yabls ~ ~a ~er or, in the alternative, ~s ~ shll ~vs ninety (90) days to c~ly wi~ affable H~i~ s~ds set fo~ ~ ~ix X. (2) XZ ~s h~old ~c~s oZ ~s ~aliZied ~er-~i~ ~ell~ ~it rises a~e ~e hneZit s~a~s for ~i~rs def~als set f~ ~ ~ix ~, ~e ~ shall ~in nl~ ~/ff deZ~al. N~i~s~i~ ~e f~oinf, all m~i~ Z~a~ Fees waiv~ ff daZereed shall N r~aid in hll ~ sale ff transfer of ~e ~elli~ ~it to a n~alifi~ ~c~ser, e~ for waived X~a~ Fees ~ere the ~ff ~s ~li~ wl~ ~e Affordable H~sin~ flitaria set ~ Se~l~ 3.04 f~ fifteen (IS) years after ~e is~anC~ of I. ~e ~ receiv~ ~ ~ Fee ~iv~ ~ deZa~al s~ll en~r in~ ~ ~ fee a~emnt wi~ ~a C~ty ~ich a~emnt s~ll ~ide Z~, at a minis, ~e foll~ing a~ ~11 f~ include ~ pr~lsions da~ necessa~ ~ ~ ~ efZm~ ~e ~isions of ~is (X) ~e l~al desffiption of ~e ~elling (2) ~ere an X~a~ Fee ~ivar ff daZereal is given to an ~er ~o will h selling ~ tentiny ~a ~elling ~lt to a ~~ent ~c~ser or renter, ~e Li~a~ ~st~ X~a~ ~m~ion mat ~ sold ~ rent~ to h~aholds ~e ~tt~ta se~ Z~ In ~is Se~t~ in ~er to ~tn~in ~s ~lvsr ~ ds~e=al. X~a~ Fee waivers or dsfe~als paid Z~ wi~ S~ H~i~ Xnitiatives P~srship ~~ f~ds will only ~ ~antsd dirs~ly to ~srs Mating A~ix A ~aliZications and apprml prior to Bulldi~ Penit issu~ce. ~ ~sllinq Unit shall ~alify as ~er~isd iZ a lsass-p~chase a~esment is in effect ~l ~ are added~ wordl :tr~c~ '~ ...... are delete. the data of issuance of the Impact Fee ~aiver or deferral or within thirty (30) days thereof and within twenty-four (24) SOnthE from the date of issuance of the certificate of occupancy or the execution of the lease-purchase a~reesent, whichever is later, the option to purchase is exarcised'lnd the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase 'the Dwellinq Unit within the twenty-four (24) month period, then the waived or deferred XmI~ct Fee suet be repaid immediately unless the Dwelling Unit is sold to another qualifyir~ Owner. (3) For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified ~rchaser. If Impact Fees yore paid with State Hcusin~ Initiatives Partnership [SHIP] Program funds, repayment viII be sade to the Collier County affordable housir~ trust fund. For rental u~its, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwellinq Unit asAffordable Housing or fifteen (15) years fz~a the issuance of a certificate of occupancy, ,,: whichever occurs first. ..: (4) For owner-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit suet be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as lL~fordabls HousinV 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 shall be repaid to the County. If lapact Fees were paid with State Housing Initiatives Partnership [SHIP] Program fund8, repayment viII be Bade to the Collier County affordable housing trust fund. (5) The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the ,. 065 ,,~, ~ words ~ are addedX words ~ are deleted. -6- ."','. s~ressent. The s~ressent dsscribed herein shall operate as a ~.~- lien aVetest the Dwelling Unit, The lien shall tarsiesta ":' upon the recording of a release or sa~ls£action of lien in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fi£tsen years after the issuance of the certificate of occupancy provideS Owner acteS in coupllanos with the agreement or upon repayment. Xn the case of a defertel, such release shall be recordeS upon repayment. (S) Annually, the Owner of a rental Dwelling Unit shall ~: provide to the County Manager an affidavit of c~splianCs with the criteria set forth in this Section, An affidavit RUst be fileS within thirty (30) days of the anniversary da~e of the issuance of a certificate of occupancy. If the incise of any unit rantar which originally qualifieS as very low or low incose level as defineS in lppendix I sx~aeSs the ~, lffct~dable H~usin~ benefit standards set forth in Appendix A . by Bore than fort7 percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the affordable Housing standards set ~ forth in Appendix A. .T-, (7) Upon satisfactory completion of the agreement reclulrementa, the County shall record any necessary i,.~ documentation evidencing same, Including, but not limited ~ to, a release of lien. .feL In the event the OwneT is iFi default: under leTcement. and the default is not cured within thirt;V dave after written notice is troyideal to the Owner. the Board may brine a civil action to enforce the .aCtrecreant. The Board shall be entitled to recover all fees and costs. includino attornevts fees and costs. incurred bv the Board in enforcind this earcement. PlUS Interest at the statutory ,oo, 065 ,,,, Z60 words ILI3iirll2d are added; words =~-r-':h -..k~.~. are deleted. -7- rs~s (or ~udemsnts ealeulstsd on a eatsndsr day basis untit ~L ~ ~e a~sasnt shall ~ bindt~ u~n *the ~ ~ ~e a~smn~ shall ~ recorded in the O~fictal bcords of Collier C~ty. ~. ~s ~ o~ l~ Fee' ~ivers ~d ds~e~als ~ant~ a~t a~at~ ~ ~s ~ard at 1to final ~ltc heart~9 r~n9 ~e ad~on of ~s ~ual ~ ~dgst and ~s all~t~ to I~a~ Fee ~vers and deferale ~n ~o ~y H~ bsis~ncs Plan, as establish~ ~ ~i~n~ No. 93-19. I~a~ Fee waivers a~ ds~s~als ~ant ~ ~ls 2o~ion s~ll ~ln in the 1993-94 fiscal year ~ re~t~ o~ S~ts H~stn~ Initiatives Ps~ership [~P] ~ f~s. All l~a~ Fees waived ~ dsZs~sd shall' ~ paid ~ ~e ~rd ~to ~s Li~a~ ~sta I~a~ Fee ~st Acc~t wi~in six (6) ys~s Zr~ ~s date oZ ~s aw~ o~ a waiver ~/~ dsZ~al as ~id~ heroin, ~t in no ~snt, later ~ose I~ Fees ~lv~ or dozenS. ~s Boa~ shall pay into ~s L~ ~ ~ Fee ~st A~t n~ ~ts ~al any l~a~ Fees ~i~sly ~iv~ or dsZs~ ~ the Board ~i~sly sx~ or re__sod ~ ~s Boa~ wi~in six (6) years fr~ ~s hie oZ rich waiver, dsZe~al, sx~ion re__stunt, ~t in no event later ~an ~s time ~ch ~ts are ne~ f.or a pro~s~ f~ded ~ ~oss I~a~ Fees waive, dsZs~, ex~ or reidreed. Waivers and dsZs~als shall is~ in ~s order ~at c~lstsd ~sliZying a~lications are rsceiv~ ~ ~s ~ty Hanagsr. At leas~ fo~y ~rcent ~s a~t ~d~sted for I~ Fee waivers and/or deferale ~ utiliz~ to Z~d I~ Fee waivers a~/or deferale for single f~ily ~er-oc~pied ~ellin~ Units se~in~ the ve~ lo~ and 1~ inc~e levels. wo~s ~ are add~l words =~r;=~ ~;;;~ are deleted. ,~_ "' Xo Xny changes or asandmants to Appendix A or the minisum funding rsquirssants adopted in this Section mus~ occur as an ordinance asendssnt at a publio hastin; of the Board of County Cosslssionsrs o~,mrrlng after 5f00 p,m, f-, No ~£ordable Housing vaivsr or daZarral shall', be · granted for a v-ibrary Systsn Znpac~c Construction pro~sc~ vhtch consists o£ a Mobile x. No~viths~andina any ~rovisions slsevhers in this Ordinance to the contrary. any Ovner that develops an XEfordabls Housina rental auar~san~ complex consistins in vhola or uar~ Dvallina Units earvine very lov and/or 1or income lsyOls and meetins all raaul~sments. and s~b~ec~ to all conditions. geeti~n 3.04 shall be entitlsd ~o de~er one hundred f100%t of the Z~ac~ Fees a~licabla only to such rental D1felliP~ Unite aervin~ very 1or and/or 1or income lsvsla if: fil all sllch deferred Teac~ Fees are 9aid on or before the end of six veers from the data such Z~ac~ Fees are deferredf and fiil the rental a~ar~msnt dsvelo~ssnt shall remain X~ordable aualifisd runder Section 3,04 of this Ordinance~ for a minimum sz~rl~ ~wos C~nZli~ and Saystability ~hs provisions of this Ordinance shall bs liberally construed to sf£sc~ivsly carry ou~ its purposes in the in~srss~ ~£ publio hsalth, sa£s~y, vsl£ars and convenience, 1£ any ss~ion, phrass~ sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any cour~ of cc~patsn~ ~urisdic~lon,, such portion shall be desmad s separa~s~ distinc~ and indspsndsn~ provision, and such holdin~ shall no~ af~sc~ the validity 0£ the rssaining portions thereof, 8ZC~/~ ~s Z£Zs~lvs Data · his Ordinance shall become ef~sc~ivs upon rscsip~ of no~ica from the Secretary of S~ats tha~ ~his Ordinance has been ~lled ~ith the Secretary o~ S~a~e, ,o. 065 ,,- 262 ~ wordm ~ arm eddedi words ~',r;;~_ ........ arm deleted. -9- P~S~D AND DULY laDOPTED by tha Board of County Commissionmrs o£ Collier County, Florida, this 3~h day 1994o ~'!NZGIIT . BRC~K, Clerk COL/~ COUNTY~ ;.,,,- .~- ;' :. · .,?.:..~- -, ~pproved as'to £ors and · leg 1 su~Zicitncys · ssistan~ County Xttornty .~" vords~ars addedy vordsse~t~s~kars dslmtsd, STATE OF FLORZDA ) courrr OF COr. T~ZER ) i, DWIGHT 1. BROCK, Clerk of Courts In 8nd for the Twentieth 3udicisl Circuit, Collier County, Florida, do hereby certify that the foregoing is a true cop/ Ordinance No. 94-16 which was adopted by the Board of County Commissioners on the 30th day of March, 1994, during Special Session. · WITleSS my hand and the official seal of the Board of · County Commissioners of Collier County, Florida, this 6th i~. day of April, 1994. : · DWIGHT Z. I~ROCK · · " Clerk of Courts and Clerb* Xx-offtcto to Board of ~ *~ *'..,~. i:' County Commissioners .- ** -_ '~;/.Z_'-. -- ,, Depu~:y Clerk n",; :~ ,, / ·