Ordinance 94-18 ORDINANCE NO. 94-18
~RDINANCE ANZNDIN(3 COLTdlER COUNTY ORDINANCE
91-71, A~ AKDID:gD, RELATIN3 TO THE COLLIER
FZE ORDI'NANCE~ AHENDZNG SECTION 3.04, PROVIDING '~ ~ .~'~
FOR MODIFICATION OF PROVISIONS RELATING TO
AFFORDABLE HOUSZNGt PROVIDING FOR CONIn. ZCT AND
SEVERABILZTYX 3ND PROVIDING AN EFFECTIVg DATE.
m
WHEREAS, the Board of County Commissioners of Collier County
on August 7, 1991, enacted collier County Ordinance No. 91-71,
establishing an Emergency Medical Services System Impact Fee
Ordtnancet and
WHZRFJ~, Ths Board of County Commissioners of Collier County
on Kay 6, 1992 enacted Ordinance No. 92-30 which amended Collier
County Ordinance Me. 91-71I and
WBZJLZAJ, the Board of County Commissioners of Collier County
on December 16, 1992 enacted Ordinance No. 92-98 which further
amended Collier County Ordtnancs No. 91-71I and
WHERFJ~, the Board of County Commissioners of Collier County
on August 10# 1993 enacted Ordinance Me. 93-53 which further
amended Collier County Ordinance He. 91-71~ and
~, the Board of County Commissioners of Celllet County
on February 28, 1994 snactsd Ordinance Me. 94-7 furthsr emsndtng
Collier County Ordinance No. 91-71.
NON ~ THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
CON3aBSZONEKS OF COLLIER COUNTY, FLORIDA, thats
NF~TXON OMIt Amendment to eection 3,04 of Collier County
Oralissues Nee 91-71e as amended
Section 3.04 is hereby amended to read as followsx
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 Impact Fee for any nev owner-occupied or rental
Emergency Nedteal Services System Impact Construction which
qualifies as J~fordabls Housing under Appendix A of thl.
Ordinance.
Words Bl~2/XXDBi ars added; words :~r~;~ ~::=~ .are deleted.
Any parson seeking an Affordabla Housing waiver or
defertel for proposed Zsargency Medical Services System Zzpac~
Construction shall file with the County }~nsger an Application
/./ for waiver or defertel, prior to recaiving a Building Permit for
the proposed ~ser~ency Medical Services Systma Zm~ac~
Construction, The Application for waiver or dsfsrral shall
contain the follovtngz
(a) The me and address of the
(b) The l~gal description of the Residential propert~
upon ~hlch the Emergency Medical Services System l~pact
Construction shall be constructed;
(c) The income level of the Owner or if the Owner is a
builder, the income level o~ the household to which the Dwelling
~nit will be sold or rsntedX
(d) The mr of bedrooms in aach Dwelling Unit o£
the gsergencyNedlcal Services System ZspactConstructio~.
(2) If the proposed Emergency Medical Services frystem
Impact Construction meets the requirements for an Affordable
Houstn~Malvsr or defertel as sat forth in this Section, than the
County ~anagsr shall issue an Impact Fee waiver or defertale as
applicable, to the Owner or Applicant. The Xmpact Fat waiver or
defertel shall be presented in lieu of payment of the Impact Foe
;mtsuant to Section 2.02.
S. To qualify for an Xmpact Fee waiver or defertel, an
owner-occupied Dwelling Unit must meet all of the following
criteria x
{1). The Owner{s) or anticipated Owner(s) of the
Dwmlling Unit must have a very low, low, or sodsrats income
level, at the time of issuance of the Xmpact Fee waiver or
defertaX, as those tam are defined An Appendix A and the
monthly payment to purchase the unit must be within the
Affordable Housing ~uldellnes established in Appendix A. A
Dwellin~ Unit shall qualify as owner-occupied if a lease-purchase
a~rsemant As An ef£sct at the date of issuance of the Zmpact Fat
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Words ~ are added~ words :'-=;c~ '.hr;u;~ are deleted.
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~alvsr 'el defertel or within thirty (30) day, thereof, and within
twenty-four (24) Ionthe from the date of J**uance of the
certificate of occupancy or the execution of the lea,e-purcha,e
a~rsmnt, whichever Is later, the option to purchase is
sxrrclsed and the purchaser takes ownership of the Dwelllnq ~nlt,
Zf the purchaser falls to purchase the Dvslllng ~ntt within the
twsnty-fou~ (24) month period, then the waived or deferred Znpact
Fee Rust be tgmodlatsly repaid unless the Dwelling ~nit is sold
to another qualifying Owner,
(2) the Owner, or If there is more than one Owner, on,
of the Owners, Rust be a first-time home buyer, To qualify as a
first-ties hone buyer, the Owner Rust n~c have had an ownership
interest in his/her primary rssidsncs in the past three (3)
yearn ·
(3) ths Dvslltn~ ~nit Rust be the homestead of the
Owner(s),
(4) ~he DvellincJ gnit Rust remain Affordable Rousing
for fifteen (15) years from the date a certificate of occupancy
is isRuod fo~ the Dwelling ~nit, unless the Z~pact Fee is repaid
to the County,
C, To qualify for an I~pact Fee dsfsrral, a Dwelling Omit
offered for rent ~ust meet all of the followtn~ orlterlas
(1) The household rentlnq the Dwelling Unit Rust have
a vezlf low or low income level, at the commencement of the
leasehold and durln~ the duration thereof, as those tens are
defined in Appendix A and the amount of rent Rust be within the
Affordable Housing ~aldellnes established in Appendix A.
(2) The Dvelllnf Unit Rust be the hcusehold's
parsanent residence.
Do All Impact Fees deferred for owner-occupied Dwelling
Unlts-at the time the Bulldlng 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-~ualifled purchaserJ
provided, however, if the Impact Fee deferral was paid with State
Herds ~ are added/words ;~.:-;;~ ~.~;;;~ are deleted,
RousinV' Initiatives Partnership [SHIP] l~roVras funds, repaysant ','
viII ~ ude ~o ~e Collier C~n~y aZZordable h~einV ~s~
*; F~ ~ses of ~ls Be~ion 3.04, a n~a:~ed ~rchaser is a
Pers~ ~o d~s not satlaZy ~e AZEordable H~sin9 ~iteria set
f~ in ~e~ton B a~e or a Person who does not a~ee to',~e
t~ of ~e waiver ~ de~e~al oZ i~a~ Zees a~enent.
g. ~e I~a~ Fees defa~ed for renal ~ellin9 Unite at
~e t~e ~e ~tldi~ Peni~ was is~ shall ~c~e due and
shall ~ ~ediately repaid to ~e C~ty ~n the discontinuance
oZ use o~ ~e ~ellin9 ~it as XZfordable H~sin9 or ~lZteen
ye~s Zrn ~e date or issuance oZ ~e Ca~iZlcate oZ
, ~ich~er ~s first.
F. ~ ~a~ Fees waiv~ f~ an ~er~ted
~lt at ~e tim a ~ildl~ Penit was isned shall ~c~e ~e
~ pyable a~ s~ll ~ l~lately repaid to ~e C~ty if ~e
~elli~ ~it is sold ~ ~auEe~ed to a non~ltfied ~ser
d~l~ ~e fifteen (15) year pri~ afar ~e ce~iZt~te of
wiver ws paid vi~ S~te H~sin9 Initiatives P~ship [~]
~~ f~s, repa~nt viII ~ Mde to ~e Collier C~ty
aZf~dable h~sin9 ~st f~. IZ ~e ~ellinV ~it is used as
,:; MZ~le H~slnV in c~liance wi~ 2e~ion 3.04 oZ
~dlnance fz Zlfteen (15) years a~ter ~e date ~e ce~tZlca~e
' of ~pan~ is lsned for ~e ~elll~ ~lt, ~e l~a~ Fees are
no longer due and ~e lien on ~e ~elling Unit shall
releas~.
:' waiv~ or deZe~ed ~ant to ~is Se~ion for an ~er-~pi~
or rental AfZordable Housing ~ellin9 ~lt shall ~
~:,~ ~rcen~ge set fo~ in A~endix A. ~e I~a~ Fees waived
.,,. defe~ shall ~ a l~en on ~e prope~y ~til all re~iraents
:~- under ~is Seaion have ~en satisfied.
H. (1) ~nually, the ~er of a rental ~elling Uni~
shall pr~ide to the County Manager an affidavit of c~pliance
': 065
..t Words ~ are added; words :tr;:~ ~hr;=~b are delete.
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with t~e criteria set forth in this Section. An affidavit suet
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 A exceeds the Affordable HouSing
benefit standards set forth in Appendix A by more than forty
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.
(2) If the household income of the qualified owner-occupied
Dvellin~ Unit rises above the benefit standards for waivers and
defertale set forth in Appendix A, the Owner shall saintaim the
waiver and/or deferral. Rotwithstanding the foregoing, all
outstanding lapact Fees waived or deferred shall be repaid in
full upon sale or transfer of the Dwelling Uni~ to a
non-qualified purchaser, except for waived Impact Fees where the
Owner has amplied with the Affordable Housing ortteria set forth
in this Section 3.04 for fifteen (15) years after the issuance of
the certificate of occupancy.
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 Sections
(1) The legal description of the Dwelling Unit.
(2). Where an Impact Fee waiver or deferral is given to
an Owner who will be selling or renting the Dwelling Unit to a
subsequent purchaser or tenter, the Emergency ~edical Services
Byetom lapact Construction suet be sold or rented to households
meeting the crtterla set forth in this Section in order to
maintain the waiver or deferral. Impact Fee waivers or deferrals
paid for with State Housing Initiatives Partnership [SHIP]
Program funds viII only be ~ranted directly to buyers meeting
,oo,c
Words Mll~l~lZ1Allt~l are added; words :',x-;:~ '-~:;u~J,% are deleted.
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Appendi~ A qualifications and approval prior to Building Permit
issuance. A Dvellin~ Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effec~ at the dart of issuance of
the Xspac~c Fee waiver or daferral or within thirty (30) days
thereof, and within twenty-four (24) months from the date, of
issuance of the certificate of occupancy or the execution of the
lease-purchase a~reement, whichever Is later, the option to
purchase is exercised and the purchaser takes ownership of the
DwellIrK1 Unit. If the purchaser tails to purchase the Dwelling
Unit within the twenty-four (24) month period, then the waived or
deferred lapact Fee most be repaid i--medlately unless the
Dwsllinq Unit is sold to another qualifying Owner.
(3) For owner-occupied Dwelling Unite, the amount of
Z~pact Fees deferred shall be repaid to the County upon the sale
or transfer to a non-qualified purchaser. If lipact Fees were
paid with State Hcusin~ Initiatives Partnership [SHIP]' ProgTal
funds, repayment will be made to the Collier County affordable
housir~j trust fund. For rental units, the lipact Fees deferred
shall be repaid upon the discontinuance of use of the Dwelling
Unit as Affordable Housing or fifteen (15) years from the
issuance of a certificate of occupancy, whichever occurs first.
(4) For owner-occupied Dwelling Units where Zipact
Fees have been waived, the Dwelling Unit just be utilized by the
original qualifyin9 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 o£
occupancy is. issued and if the Dwelling Unit is sold to a
non-qualifying purchaser, the lipact Fees shall be repaid to the
County, If Zipact Fees vats paid with State Housing Initiatives
Partnership [SHIP] Progrma funds, repayment will be made 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 a~reement.
Words ~ are added7 words s~k--t~k~e~k are deleted.
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~hs a~rsmmnt des~ribed harBin shall operate as · lien against
the Dvslling Unit, ~s lien shall te~lnats u~n the rscordin~
o~ a release ~ sa~is~a~ion oZ lien in ~s ~bli~ records
~llisr ~y- In ~ case of a vaivsr, such release
satisZa~i~ s~ll h filed fifteen years after ~hs issuanc~
~s ~iZl~ts of ~an~ pr~idsd ~sr a~sd In c~liancs
vi~ ~s a~s~snt ~ u~ rs~Sn~ in full, In ~s case of s
dsfs~al, ~ch release shall ~ recorded ~n rspa~sn~ in full,
(6) ~ually~ ~s ~sr o~ a rental ~slling Uni~ shall
pr~ids ~ ~s C~y ~nagsr an aZZidavl~ of c~liancs vi~
~l~ia set f~ in Ss~ion 3,04(R), ~ aZZi~vi~ u~
fil~ vi~in ~i~y (30) days of ~s a~ivsrs~ date of
isisnee of s cs~iZi~ts of oc~pan~, If ~s lnc~s of
~i~ rsn~r ~ich ~i~inally ~aliZisd as vs~ 1~ ~ 1~ inc~s
l~sl ss dsZin~ In A~lx X exceeds ~s ~Zfffdsbls R~sin~
~nsfit sU~ards ss~ ~o~ in ~ppsndix A ~ more than
~r~nt (40t), ~sn ~s dsZs~ed Z~a~ Fee shall
~ia~ly due ~d ~yable ~ ~ ~sr or, in ~ alts~a~lvs,
~s ~sr shll ~vs ninety ( 90 ) days to c~ly vi~
~ZZordabls H~sing s~nd~ds se~ Zo~ in ~sndix ~,
(7) ~n sa~isZa~o~ c~ls~lon of ~s a~s~sn~
r~irmnts, ~ C~y shall rscord a~ nscsss~ dmsn~ion
svidsnein~ sge~ including, ~ no~ limited ~o~ a taleass
[8~ l~ ~hs ~sn~ the ~sr is in default under ~his
a~snsn~. and ~hs ds~auZ~ is no~ ~red vi~hin ~hi~v f301 days
a~sr ~l~en no~ies is ~rovided ~o the ~sr. the Board nay
~ina a civil a~ion ~o snrores ~hs a~snsn~. ~s Board shall
h entitled ~o racier all ~ass and costs. ineludina a~o~sv~s
fees and costs. in~sd ~ ~hs Board in enrorcina this
I~ssman~. ~lus in~eres~ a~ the s~a~uto~ rate ~or ~ud~ents
Cal~lated on a calendar day basis until paid.
fg} '"' ~e a~eemen~ shall be binding upon
~er~s successors and assl~s,
Hords ~ are added; vords :~::~ ~;:~ are deleted,
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'~" Z3~L ' ' L The agreement she ll be recorded in the
O££1cial Neeerda of Collier County,
~. The areaunt oZ Znpac~ Fee waivers and dsZerrals granted
pursuant to this Se~ion shall be limitsd~ in total, to the
amount appropriated by the Board at its final public hearing
regarding the adoption o£ the annual County budget and the amount
allocated to Zmpac~ Fee waivers' or de£srrals in the Collier
County Housing Assistance Plan, as established by County
Ordinance No. 93-19. Zspac~ Fee waivers and ,deferrals pursuant
to this Section shall begin in the 1993-94 fiscal year or earlier
upon receip~ of S~ate Rousing Initiatives Partnership [SHIP]
Progras funds. All Impact Fees waived or deferred shall be paid
by the Board into the Emergency Medical Services System Impact
Fee Trust Account within six (6) years fr~s the date of the award
of a waiver end/or dsfsrral as provided hersin, but in no
later than that ties when that amount is needed for a pro~ect
funded by those Impact Fees waived or deferred. The Board shell
pay in~o the Emergency Medical Services System Impact Fee Trust
Account such msounts squal to any Impact Fees previously waived
or deferred by the Board, or previously exempted or reimbursed by
the Board within six (6) years from the date of such waiver,
defsrral, sxssp~ion or reJ~d:ursessnt, but in no event, later than
the rise such emoun~s are needed for a pro~ect funded by those
-' Impeeoc Fees waived, deferred, exempted or reimbursed. Waivers
and dsferrals shall be issued in the order that c~splstsd
qualifying applications are received by the County Manager. At
least for~y percent (40t) of the amount budgeted for Impac~c Fss
waivers and/or dsfsrrals must be utilized to fund Impeeoc Fee
waivers and/or dsferrals for single family owner-occupied
Dwelling Units serving the very low and low income levels.
K. Any changes or amendments to Appendix A or the slain
funding requirements adopted in this Section must occur as an
ordinance amsndment at a public hearing of the Board of County
Commissioners occurring after 5~00
Words ~ are added; words ............. ~ are deleted.
-8-
__,_ mess
¥" :; ~. Re Affordable Housing waivsr or dsferral shall be
~rsntsd for an !mer~ency Nedical Services System Impact
Construction project which consists of a Irebile Home.
I~- Rotvithstandina any nrovisions elsewhere in this
Ordinance to the contrarvo any Owner that develops an A~fordable
Housina rental a~artment complex consistins in whole or Dar~
Dwellins Units setvine very low and/or low income levels and
meetins all reauirsments. and subject to all conditions.
Section 3.04 shall be entitled to de~er one hundred netcent
flO0tl of the Tm~act Fees a~Dlicable only to such rental Dwellins
Units setvine very low and/or low income l~Sls i~x ~il all such
deferred rm~act Fees are Daid on or before the end ~f six
_veers ~rom the da~e such Ym~act Fees ere deferred! and (ii~ the
rental a~artment development shall remain AfCord~ble !tousina
auali~ied (under Section 3.04 of this Ordinance~ ~or a sinimm
IICf'ZOII TIOz ConZliot and leverability
,
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
o£ public health, safety, welfare and convenience. IZ 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
and independent provision, and such holding shall not affect the
validity of the rmining portions thereof.
IICTI01 t~lZls elfmotive Date
This Ordinance shall become effective upon receipt oZ notice
from the Secretary of State that this Ordinance has been filed
with the Secretary o£ State.
· b ,-,, 065 284
Words ~ are addsd~ words :'.r;:~ '~ ...... are deleted.
,,~ v,-.Jss
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P~SSED ~D DULY MX~PTED by ~he Board o~ County Commissioners
oZ Collier C~y~ Flortda~ ~his ~ day oZ ~~
1994, : ~
~ Z. ~p Clerk Z~ ~ ~
/
-. 065,', -285
.~..
?
Words ~ are added~ vords ~ are deleted.
STATE OF FLORIDA ]
|~
I, DWIGHT B. BROCK, Clerk of Courts in and for the
Twentieth ~udicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a ~r~xe copy of~
Ordinance No, 94-18
,~.
fi!;* which wss adopted by the Board of County Commissioners on
~ the 30th day of Hatch, 1994, durln~ Special Session,
; WITNESS my hand and the o~lcial seal of the Board
~i,, :,~
'! County Commissioners of Colller County, Florida, this 6th
"'l! day of April, 1994, ~..,:;...
~,,~..; ..~
~ ,
DWIGHT g, BROCK '
b Clerk of Courts and CleT~'tr~
~, Ex-officlo to Board of .~
. ,~, Cc~~, ~': · *, . '*' "' ~1
~.. ..
/.,
:.,.,. · .
~i By:/s/Ellis Hoffman
Deputy Clerk