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Ordinance 94-17 ORDINAIfC'~ NO. 94-17 2MfEZfl)i N(I COLLIER ~ O~I~ 28-96, ~ ~, ~NO ~ ~ ~l~ · - P~ ~ ~~ON~ FA~LI~ES ~A~ ' ~~ ~IN~ 2E~ON 4.05, ~D~NG FOR MODI~TION OF ~SIONS ~TING TO A~~LE ~S~G~ ~DINC FOR ~I~ S~ILI~$ ~ ~DING ~ ~~ DA~. ~, ~e ~d of C~ty C~iss~oners of Collier C~nty on ~~r 13, 1988 ena~ ~11~er C~nty ~d~nance No. 88-96, es~bl~shl~ a Par~ and ~eat~o~l Fac~lities I~a~ Fee ~i~nce~ a~ ~ ~y 22, 1991, ena~ ~11~er C~ ~d~n~ce No. 91-39, ~l~ ~l~nce No. 88-965 and ~, ~e ~ard of C~nty C~ss~oners of Collier C~nt~ ~ ~ 6, 1992 ena~ ~dinance No. 92-29, ~ch amend~ Collier ~ ~d~nce 88-96~ ~d ~, ~e ~ of ~ty ~sst~ers of ~ll~r ~ ~ 16, 1992 e~g Collier ~ ~h~ce No. 92-97, ~ing ~nce No. 88-96S a~ ~, ~e ~d of C~ C~lssioners of ~11ter C~ ~ Auger 10, 1993 ~a~ Collier C~ ~ina~ce No. 93-52, ~, ~e ~ of ~t~ ~issioners of Collier C~t~ on Fe~ 28, 1994 e~ed ~dinance No. 94-6I ~, ~e ~rd of C~nty C~lssioners of Collier C~ Is des~s of ~endlng ~e provisions of ~dtnance No. 88-96, as ~, relating to affordable h~lng. N~, ~~, BE IT O~AI~ BY ~ S~ ~S ~e2ent ~ Seotion 4 · 0S of Collier C~ ~d~oe ~o. sS-9e, as ~endsd Se~ion 4.05 is here~ ~ended to read as fo11~s: Se~ion 4.05. Affordable Housino a. ~rsuant to the ~ideltnes established ~n ~ts Se~ion, ~e ~ty shall (1) waive or (2) defer, as a~licable, Wo~s ~ are addedJ words =~r;=k ~r=;;h are delete. -1- pmym~' Of the Zmpsc~, Fee fcrr eny new ~er-~iH ff ~1 ~, . ' ~liftes as Affable H~sing ~der A~ndix I o~ ~ls (1) ~ ~rs~ seskin~ an XZZ~abls dsZ~al f~ ~ssd P~ and ~satio~l Facilities ..- ~a~ ~~i~ s~ll file wi~ ~e ~ ~nager an X~li~ti~ f~ ~iv~ ff deZs~al. ~i~ to recsiv~ a hilding Psnit for ~s ~ssd P~ks and ~satio~l Faeilitiss l~ ~s~ion. ~s X~li~ti~ for uivsr ~' ff dsfs~al shll ~nUin ~s foll~ings (a) ~s hams a~ ad~sss of (b) ~s lsfal dssffi~i~ of ~s Rssidsntisl ~y ~ ~ich ~s Parks a~ ~satio~l Facilities l~a~ ~m~i~ shall ~ c~s~~ (c) ~& in~ l~sl of ~s --' is a ~ildsr, ~s in~e l~el of ~e h~old to ~. ~i~ ~s ~11~ ~it will ~ sold ~ r~t~ (d) ~e ~ oZ ~ in ~ch ~ellin~ oZ ~e Par~ a~ ~eatio~l Facilities I~a~ (2) IZ ~s ~~ Parks and ~$ati~l Facilities I~ ~~ion s$~ ~e r~irmnts Z~ an ~for~ble H~sl~ ~iver ~ deZ~al as set ~en ~s C~ ~ger shall i$~e defe~al, as a~li~ble, to ~s ~er I~ ~ee ~iver or dsZe~al shall ~ ~esent~ in lieu oZ paint oZ ~e I~a~ Fee ~rsuant to Se~ion 2.02. $. To ~aliZy for an Impact Fee waiver ~ deZe~al, an ~~pi~ ~ell~ ~it ~st meet all oZ ~e Zoll~in~ ~lteria x (1) ~e ~er(s) or an~icipat~ ~er(s) o~ the ~ellin~ Unit ~st have a ve~ 1~, 1~, or m~erate inc~s level, at ~e time oZ issuance oZ the I~a~ Fee waiver or :~( Words ~ are addS; words :~r=;~ '~ ...... are deleted. ds~erTml, me those tenmm are defined in Appendix Z, and the sonthly payBent to purchase the unit must be within the A~fordable Housing guidelines established ':n Appendlx Z. A Dwelling Unit shall qualify as owner-occupied if · lease-purchase agreement is in effect at the date" of issuance of the Zmpact Fee waiver or deferral or within thirty (30) days thereof, and'within twenty-four (24) months from the date of issuance of the certificate of occupanc~ or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) sonth period, then the waived or deferred Z~pact Fee just be lssedistely repaid unless the Dwelling Unit is sold to another ~ualifying Owner. (2) The Owner, or if there is sore than one O~ner, one of the Owners, must be s first-time home buyer. To qualify as a first-the home buyer, the Owner must not have had an ownership interest in his/her primar~ residence in the past three (3) years, (3) The Dwelling Unit must be the homestead of the owns~(m). (4) The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Untt~, unless the Impact Fee is repaid to the County. C. To qualify for an Impact Fee dsferral, a Dwelling Unit offered for rent must meat all of the following orlterias (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 are defined in Appendix I and the amount of rent must be within the Affordable Housing guidelines established in Appendix l. ,o. 065 267 Words ~ are added; words :t=::h t.k=;;~:. are deleted, -3- (2) The Dwelling Unit must be the household's pemnant residence, D. All lspac~ Fsss dsfs~sd ~or ~er-~pisd ~sllln9 ~i~ st ~s t~ ~s ~lldln9 Psnit yes issued shall ~c~s due ~ payable ~ shll h insdiatsly repaid to ~hs County ~n ~s sale o~ ~s ~sllt~ ~it to a non~altft~ ~rchas~; ~id~, h~er, If ~s I~a~ Fee de~s~al ~s paid with State H~sin~ Inl~lativs Pa~srship [~IP] ~u ~unds, rspa~sn~ will ~ Mds to ~s ~llisr C~nty affordable housin~ tnst ~und. F~ ~ses oZ ~is Ss~ion 4.05, a non~aliEisd ~chaser is a Person ~o does not satisfy ~s ~fEordabls H~sin~ ~iteria set f~ In ~s~i~ B a~s ~ a Psrs~ ~o does not a~ss to tsm oZ ~s waiver ~ dsZs~al oZ i~a~ fees a~s~snt. S. ~s l~a~ Fees deleted fo~ renal ~sllin~ Units a~ ~s t~s ~s ~lldt~ Petit was issued shall ~c~s due and s~ll ~ ~iatsly r~aid to ~s C~ty ~n ~s disc~ti~ancs oZ ~s of ~s ~sllin~ ~it as Affordable H~sing or ~tZtsen y~rs fr~ ~s date o~ ls~ancs of ~e cs~i~i~ts oZ ~p~, ~it a~ ~s t~ a ~ildin~ Petit was isfisd s~ll ~c~ due ~ ~yabls a~ s~ll ~ l~iatsly repaid to ~s ~nty ~sll~ ~t Is sold or ~ansfs~sd to a non~l~f~sd ~chaser d~n9 ~l ~ftssn (1~) ys~ ~r~ a~ter ~s cs~f~l of ~u~ ~s ~s~ for ~s ~elling Unit. Zf ~s Z~a~ Fee waivlr ~l ~ld v~ State H~sinf Initia~vls Pamsrship [~P] ~~ f~, rspa~snt v~ll h ~ds to the Collier ~for~ls H~sin9 In c~liancs vl~ Se~on 4.05 ~i~ce for fifteen (15) years after ~e data ~e ce~ificate of ~panq is is~ for ~e ~elling ~it, ~e I~a~ Fees are no longer due and ~e lien on the ~elling Unit shall released. Words ~DtirAtxlid are addedl words :~.;-;;"_ ~ ..... are deleted, -4- O.' The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Mfordable Housing Dwelling Unit shall be the percentage set forth in Appendix Io The Impact Fees waived or deferred shall be a lien on the property until all requirements urMiar this Section have bean satisfied. X. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an 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 originally qualified as very low or low income level as defined in Appendix I exceeds the Affordable Housing benefit standards set forth in Appendix I by more than forty percent (40%), then the deferred Impact Fee shall become immediately. due and payable by the Owner or, in the alt~rnative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix I. (2) If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and defertale set forth in Appendix I, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all cutstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except f~r waived Impact Fees where the Owner has complied with the Affordable Rousing criteria set forth in Section 4.05 for fifteen (15) years after issuance of the . certificate of occupancT. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Sectionz (1) The legal description ~f the Dwelling Unit. ,, 065 269 '. Words ~ are added; words e~Paek-%ha~ are deleted. j. -5- · q~ ~. (2) Where an Znpact roe waiver o~ defertel is given to sn Owner who will be selling or rentin~ the Dwelling Unit ' a eabssquent purchaser or tenter, the Parks end Reoreational Facilities lnpac~ Construction Bast be sold or rented to households sastin~ the orltaris set £orth in this Sactior~ in order to maintain the waiver or da£erralo Impact Fee waivers or de£arrals paid for with State Housing Znitiatives Partnerehip [SHIP] Program funds will only be granted directly to buysrs usering Appendix I qualifications and approval prior to Building Permit issuanc, o A Dwelling Unit ~ shall qualify as owner-occupied i£ a leaea-purchass agreesent is in e£fect at the data of iesuanc, of the Impact Fee waiver or defertel or within thirty days thereof, and within tventy-£our (24) Iotlths from the date th, ~ertificat~ of occupancy or the execution of the laase-purchas, agreement, whichever is later, the ~ption to purchase is sxercieed and the purchaser takes ownership the Dwelling Unit° If the purchaser fails to purchas, Dwelling Unit within th, twenty-four (24) uonth period, then the waived or d~ferred Zmpact Fe, suet be repaid ismadiataly unless the Dwelling Unit Is sold to another qualifying Own,r° !* (3) For owner-occupied Dwelling Units, the amount · Zmpact Fees deferred ehall be repaid to th, County upon sale or transfer to a non-quali£1sd purchaser° Feee yore paid with State Houeing Znitiatives Partnerahip [SHIP] Program fundsw repayment will be mad, to the Collier County A~fordabl, Housing Trust Fund. For rental Impact Foes deferred mhall be repaid upon th, diecontinuano, of us, of the Dwelling Unit as Affordabl, Rousing or (15) years from th, issuance of a certificate of ocoupancyw whichever occurs first. (4) For owner-occupied Dwelling Units ~here Zmpact F, es hay, bean vaived, the Dwelling Unit Bast be utilized by 2'70 Words ~ are added; words :'.~;:~ -.~::;~.~. are deleted. -6- "~' th~ original quslifyin~ O~nsr, or subsequent qualifying Imrchassr, as ~£ordable Housing in compliance with Bsc~ion · 4.05 of ~his Ordinance ~or a ~iftsen (15) year period a£ter · he cer~i£ica~e of occupancy is issued and if ~he Dwelling Unit is sold to a non-qualifying purchaser, ~he lmpac~c Pass shall be repaid to ~hs County. If lapac~ Fees were paid wi~h B~ats Housin~ InitiatiVes Partnership [SKIP] Program funds, repayment viII be made to ~hs Collier County affordable housing 4~ust fund. (5) The deferred and/or waived lapac~ Fees shall be a lien on ~he proper~y which lien may be £oreclosod upon in the event of non-compliance with the requirements of the agTssmsnt. The a~rsement described hersin shall operate as a lien against the Dwelling Unit. The lien shall terslnate upon the recording of a release or satisfaction of lien in the publie records of Collier County. In the case of a vaivsr~ such release or satisfac~ion shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner ac~ed in compliance with the agTeement or upon repaysent. Xn the case of a deferral~ such release shall be recorded upon repayment. (6) Annually~ the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of cospliancs with the criteria set forth in this Section. An , affidavit must be filed within thirty (30) days of the ',: anniversary date of the issuance oZ a certificate of occupancy. If the income of any unit rantar which crtVinally qualified as very low or low income level as defined in Appendix I exceeds the X~fordable Housing benefit s~andards set forth in Appendix I by more than for~y percent (40t), then the deferred Impac~ Fee shall become immediately due and payable by the Owner orw in the alternativew the Owner shal 1 have ninety ( 90 ) days to comply with the Affordable Housing s~andards set forth in Appendix I. , ,o. 065 271 Words ~ are added; words ..... ~ '~ ..... ~ are deleted. -7- (7} Upon satisfactory completion of the agreement requirnants, ~he County shall record any necessary dot4n~ntation svldsncin~ same, includinq~ but not limited to, a release of lien. fs~ In the event the Owner is in default uqdsr this maresmerit. and the default is not cured within thirty f301 days after written notice iS provided to the Owner. the Board may brine a civil action to enforce the marassent. The Board shall be entitled to recover all fees and costs. tncludina sttornev's fees and costs. incurred by the Board in snforcin~ this maretruant. plus interest at the statutory rats for 4ud~msnts calculated on a calendar day basis untt] fg~ ,st The a~rssmsnt shall be bindin9 upon the Owner~s successors and assigns. ~ #^' The agreement shall be recorded in the Official Records of Collier County. · . The amount of Impac~ Fee waivers and defertale 9ranted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or defertale in the Collier County Housin9 Jtssistanca Plan, as established by County Ordinance No. 93-19. Impact Fee waivers and defertale pursuant to this Section shall b~in in the 1993-94 fiscal year or earlier upon receipt of State Housing Initiatives Partnership [SHIP] Program funds. All Impact Fees waived or deferred shall be paid by the Board into the appropriate parks and raorsationsl facilities impmot fee trust account within six (g) years from the date of the award of a waiver and/or dafarral as provided hersin, but in no event, later than that time when that amount is needed for a pro~act funded by those Impact Fees waived or deferred. The Board shall pay into the appropriate parks and recreational facilities impact fee trust ,0. 1::}65 -c, 27Z Words ~ are addad~ words :',:-;=~ -~ ...... are deleted. -8- s~un~ such amounts equal to any Zspac~ Fees previously waived i:"~ or deferred ~y the Board, or previously axssptsd or rsimlmrssd by the ~oard within six (S) years from the date of such waiver, dsfsrrsl, sxssption or rsiml~trssment~ but in no svent~ later than the tim, much amounts are needed for a pro~e~ funded those Xmpa~ Fsas waived, dsfsrrad~ exempted or reimbursed, Waivers and dsfsrrals shall b, issued in the order that cozplatsd qualifyin~ applications are received by the County ~anagsr, At least f~ty p~rcsnt {40~) of the amount budgeted for Xmpact Fee waivers and/or defertale must bs utilized to fund Xmpac~ Fsa waivers and/or ds£srrals for single family ~vnsr-occupisd Dvellir~ ~nits ssrvin~ the vary lc~ and imams levels, X, Any chan~ss or amendments to ~ppsndix X or the minisus fundin~ rsquirmnts adopted in this ~s~ion must · . as an ordinance amendment at a public hearing of the Board of County C~maissioners occurring aZtsr 5~00 p,m, 1~, No Affordable Hous~n~ waiver or defertel shall be granted for a Parks and Recreational Facilities Impecho Construction pro~ect which consists of a Nobile Home, X, ~otvithstandin~ any ~rovisions elsewhere in this Ordinance to the contrary. anv 0vnsr that develops an A~crdabls Housina rental aeartment complex consistins in or ~art o~ Dvsllin~ Units ssryina verY low and/or low income levels and meekins all requirements. and subject to conditions. o~ Section 4,05 shall be entitled to defer hundred earcent fl00t~ o~ the Tm~act Fees a~licabls only such rental Dwellins Units setvine very low and/or low inC~ms levels i~x fi~ all such deterred rm~act Fees are said on 9r beEors the end o~ six f6~ years ~rom the date such ~m~aCt Fes~ are dersrrsdx and fii~ the rental a~artment develooment shalt remain Affordable Honeins a~lali~ied [under Section 4,05 o~ this Ordinance~ for a minimum o~ 15 years, Words ~ are added; words ....... ~ ...... are deleted, -9- ~e ~lst~s ~st~ ~' effs~lvsly u~ ~ its ~ses in ~s interest o~ ~lie hul~ ssfsty~ vslfars ss~t~, p~sse~ ssntsnu reas~ hsld l~altd J~l~t~l~, ~ ~ion s~ll ~ dsued a ssparats~ dtstin~ a~ i~~snt ~isl~ nltdl~ o~ ~e training ~ions ~srsof, ~is ~di~ncs shall Ncas e~s~lve u~n rsceip~ o~ n~ice f:~ ~s Se~e~ of 6~ts ~at ~ls ~dinance has hen fixed t~SD ~ ~ ~ ~ ths Board of C~nty Cmtssionsrs 1994. , * = .' '~ ~n'~ '* ~ ss ~ f~ ~ . ~.~' ~d D. ch ~sls~t ~"'~ Words ~ ars sddsdt words ~.~-.:;~ ~,~:~;~ are dslstsd, rrA'rE OF ]~.,OR'~DA COU]rfY OF COLLIER ) X, ~IG~ g. BROCK, Clerk of C~rts In and ~o~ the ~tleth ;udtcJal Circuit, Collier County, l]ortda, do here~ certify that the fore~oln~ ~s s t~e co~ of~ 0rd~nince ~o. ~Jch was adopted by the ~ard of C~nty Conlss~oners on the 20th day of Hatch, 1994, durtn~ Special ~88 ~ hand ~d the o~f~c~l seal of the Board C~ty Contlstoners of Collier County, Florida, this 6th day of &pr~l, 1994. Clerk oZ Courts ~d Clerk.*" ., .-,. Deity Clerk