Loading...
Ordinance 94-19 z,.;i.' z o. ,- ~ NO. 92-22, AS ~D~ ~TIN3 OF ~O~SIONS R~TING TO ~ ~OUSING~ ~DIN~ FOR ~N~I~ ~ S~ILI~$ ~ ~O~DIN~ ~ ~C- ~ DA~. , ~, ~e ~ard of C~nty C~ss~oners of Collier o~ April 16, 1992, e~ed ~11~er C~ty ~d~nance No. 92-22, es~bl~sh~ a Road I~a~ Fee ~a~ce~ and ~, ~e ~d of Co~t~ C~ssio~ers of Collier on Au~st 11, 1992, e~a~ed Collier County ~d~nance No. ~~ ~nance No. 92-22~ and ~, ~e ~ar~ of C~ty C~ss~oners of Collier C~ty ~ ~~r 16, 1992, ena~ed ~ance N~. 92-99, ~, ~e ~ of C~ C~LssLoners of ~11Ler o~ Aunt 10, 1993 e~ ~dinance No. 93-54, ~L~ No. 92-22~ and ~, ~e ~ of Co~ty C~ssLoners of Co11Ler C~ on Fe~ 28, 1994 ena~ed OrdL~ance No. 94-8 f~er Co11Ler C~j ~dLnance No. 92-22. N~, ~f~, BE IT O~AI~ BY ~ ~ OF ~SSIO~ OF ~ ~, ~DA ~Tz ~d~Ot NO. 92-22, el uended Se~ion 3,04 Is here~ anend~ to read as fo11~sf Seaion 3,04, Affordable A. ~suant to ~e ~idellnes established In ~is Se~ton, ~s C~ty ~hall (1) valve or (2) defer, as a~ltcabls, ~ent o~ ~o ~ad I~a~ Fee for any n~ ~er-~led or rental Road Impac~ Constriction which ~allflss as Affordable H~slng ~dsr Ap~ndlx C of this Ordinance. (1) ~y person seeking an A~ordabls H~sin~ waiver de~e~al for proposed Road Impact Consration shall ~lls ,oo 065,, ,287 words ~ are added; words ~ ~e deleted. -1- ,,. :~";~ v~h the C~nty Xanagar an Xpplication for waiver or · defarral, prior to receiving a Building Permit for ths proposed Road I~pact Construction. The ~plicaticn for waiver or defertel shall contain the (a) The xmme and address of the Owner~ ', (b) Ths legal description of the Residential property upon ~hich the Road Impact Construction shall be cormtructed~ (c) The income level of the Owner or if the Owner is a builder, the income level 0£ the household to ~ich the Dwelling Unit will be sold or rsnted~ (d) The number of bedrooms in each Dwelling Unit of the Road Impact Construction. (2) If the proposed Road Impact Construction meets the requirenee for an Affordable Housing waivsr or defertel as set forth in this Section, than the County Xanag~r shall issue a Road Iwpact Fee waiver or defertel, as applicable, to the Owner or Applicant. The Road Impact Fee waiver or de~erral shall be presented in lieu of payment of the Road Impact Fee pursuant to Section 2.02. B. To qualify for a Road Impact Fee waiver or defertel, an owner-occupied Dwellir~ Unit must meet all of the following criteria s (l) The Owner(s) or anticipated Owner(s) 0£ the Dwsllin~ Unit suet have a very low, low# or moderate income level, at the time of issuance of the Road Impact Fee waiver or defe~ral, as those terms are defined in Appendix C, and the monthly payment to purchase the unit ~ust be within the Mfordable Housing 9uidslinss established in Xppendix C. X D~elling Unit shall qualify as owner-occupied if a lease-purchase a~reoment is in effect at the date of issuance of the Road Impact Fee waiver or defertel or within thirty (30) days thereof, and within twenty-four (24) months fr~a the date of issuance of the certificate of occupancy or ,cox 065 288 words ~ are added~ words :t~;:~_ t.~.::;~.~. are deleted. -2- '- th~ execution of the lease-purchase agreement, whichever Ls -I later, ~hs ol~ion to purchase is exercised and the purchaser t~kes o~nership of ths D~slling Unit, If the purchsssr fails to purchase the ENslling Unit within the twenty-four (24) month period, then the vaived or deferred Road Impact Fee just 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 O~ners, just 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) The Dwellin~ Unit just be the homestead of the ernst(s). (4) The Dwelling Unit just rsmain Affordabls Housing for fifteen (15) years from the data a certificate of occupancy is issued for ths Dwelling Unit, unlsss the Impact Fee is rspaid to the County. C, To qualify for a Road Impact Fse dsfsrral, a Dwelling Unit offersd for rent just meet all of ths following criteria= (1) The household renting ths Dwelling Unit just hays a very Icy or low income level, at ths commencesent of the lsasehold and durinf ths duration thereof, as those terse are dafined in Appendix C and the amount of rent just be within the Affordabla Housing guidelines astablished in Appendix C. (2}. The Dwelling Unit suet be the household's permanent residence, D, All Road Impact Fees deferred for owner-occupied Dwellfilg Units at the time ths 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 purchasery provided, however, if the Road Impact Fee defertel was paid with State Housing Initiatives Partnership [SHIP] Program .o, 565 289 words ~ are added] words ;'-r--';:: '.~:~.% are deleted, funds, rspsyssnt w111 bs made to the Collist County eZfordable ~' housln~ 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 B above or a Person who does not agree to the terms of the waiver or defertel of impac~ fees agreement. v., The Road Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen years from the date of issuance of the certificate of occupancy, whichever occurs first, F, Any Road Impact Fees waived for an owner-occupied Dwellin~ Unit st the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to s non-qualified purchaser during the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit~ provided, however, if the Road Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund, If the Dwelling Unit is used as Affordable 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 Dwelling Unit, the Road Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. ..- G, The percentage of the total Road Impact Fee which shall be waived or deferred pursuant to this Section for an ' owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix C. The Road Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied, H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the Count. y Manager an affidavit of compliance with the words ~ are added$ words ='-r=ck ~-hr==;.". are deleted, -4- criteria set forth in this Section. An affidavit ~ust ~ filed within thirty days o~ the annivsrsa~ date o~ the issuance of a ~e~iZ/~s o~ ~an~, IZ ~e inc~s of any unL~ tenter ~ich orLginslly ~liZlsd as ve~ 1~ or 1~/nc~s l~sl as defined in X~ix C excs~s ~s Affordable R~sing hneZit standards set ~ in X~sndLx C ~ nots than fo~y ~rcent (40~}, ~sn ~s deEs~ ~ad l~ Fee shall hc~s insdiatsly due ~yable ~ ~s ~sr or, in ~e alterafire, ~s ~sr shall have n~e~ (90) days ~ c~ly vi~ ~e M~ordable H~sing s~ndards (2) If ~s h~s~old inc~s oZ ~s ~aliZisd ~slling ~it rLsss a~s the hne~/t standards for wsivsrs and dsfsffsls sst fo~ in A~sndix C, ~e ~er shall maintain waiver a~/~ dsfs~al, Notwithstanding ~s f~sgoing, sll ~ts~L~ ~ad l~a~ Fsss waived or dsfs~sd shall ~ rspaid in full ~n sals ~ ~ansfsr of ~s ~slling ~it to. a n~alifL~ ~ssr, except for ~iv~ Z~a~ Fses ~srs ~sr hs ~li~ wi~ ~e XZZordabls H~sing ~itsria for Zif~ (15) y~rs aZter ~s is~ancs o~ ~s cs~iZi~ts ~n~. X, ~s ~sr receiving a Road I~a~ Fes ~lvg def~al s~ll ~r Lnto sn L~a~ fee a~s~ent ~l~ a~suent. shall pr~ide ~, at a sinin, ~s Zoll~ing ~ sbll f~ Lncl~e ~ch pr~/sLons ds~ nscssss~ ~rd to sffs~uats ~s pr~lsions of ~is Se~Lonz (1) ~s l~al dss~iptLon oE ~e ~elling ~it, (2) ~srs a Road Impa~ Fee waiver or dsfs~al is given to ~ ~ ~o will h selling or ranting ~s ~slllng to a ~snt ~chassr or rsntsr, ~e Road Z~a~ ~ns~Lon ~ h sold or rented to h~seholds meeting ~s ~itsrLa set fo~ in this Se~ion in order to ~ln~ln ~s waiver or defs~al, Road lmpac~ Fee' waivers or de~e~als paid for with State Housing lnitiativs~ Pa~srsh~p [SHIP] ~r~ f~ds will only ~ ~antsd tords ~ are added~ words :~r;;~ ~;;=;~ are deleted, ~, directly to buyers meeting Appendix C qualifications end ., approval prior to Building Permit issuance. A Dwellin~ Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or defertel, 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 · I 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 Dwollln~ Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee Bust be repaid immediately unless the Dwallin~ Unit is sold to another qualifying ~. Owner. :~;~ (3) For owner-occupied Dwelling Units, the amount of :~ Road Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser; provided, however if Road Impact Fees were paid with State Housing Initiatives Partnership [SlXlP] Program funds, repayment viii be Bade to the Collier County affordable housing trust fund. For rental units, .the Road Impact 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 Road Impact Fees have been waived, the Dwelling Unit Bust be utilized by the original qualifying Owner, or rubsequent 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 Road Impact Fees shall be repaid to the County. lZ Road Impact Fees were paid with State Housing Initiatives words ~ are added; words ;tr~:~ th=;u~ are deleted. // Partnership [~HZP] Program funds, repa]~ment viI1 be made to the Collier County affordable housing trust fund. (5) The deferred and/or waived Road Impact Fees shell be s lien on the property which lien may be forsclossd upon in the event of non-compliance with the requirements of the agreement. The agreement described heroin shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release of satisfaction of lien in the public records of Collier County, In the case of the waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or upon repayment. In the case of a deferral, such release shall be recorded upon repayment. (S) ~nnuelly, the Owner of a rental Dwelling Unit shall provide to the County Nanager an affidavit of compliance with the criteria set forth in this Section. An affidavit just be filed within thirty days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit rentor which originally qualified as very low or low income level as defined in Appendix C exceeds the ~tffcrdable Housing benefit standards sot forth in Appendix C by more than forty percent (40t), 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 Rousin~ standards sat forth in Appendix C. (7) Upon satisfactory completion of the ogrerant requirements, the County she 11 record any necessary documentation evidencing same, including, but not limited to, a release of lien. f8] rn the event the Owner is in default under this a_creement. and the default is not cured within thirty [30) days after written notice is Drovided to the Owner. the ,oo. 065,,G:293 verde ~ are added~ verde :'.~--':~_ '.~::=;~ are deleted. -7- Board may brine a civil action to enforce the a~ree~ent. · he Board shall be entitled to recover all ~ees and including attornev's fees and coats. incurred by the Board in enforcin~ this a~reement. plus interest at the statutory :its for 4ud~ments calculated on a calendar day basis until (9~ ~4~ The a~reement shell be binding upon the Ovnet's Ixxccellors al~d allies. (10~The a~reement shell be recorded in the Official Records of Collier County. ;. The amount of Road Impact Fee waivers and defertale qranted pursuant to this Section shall be limited, in totel, to the asount appropriated b~ the Board at its final public hearing re~ardix~ the adoption of the annual County budget and the amount allocated to Road Impact Fee waivers ot defertale in the Collier County Rousing Xssistance Plan, as created b~ Collier County Ordinance No. 93-19. Road Impact Fee waivers and defertale pursuant to this Section shall begin in the 1993-94 fiscal year or earlier upon receipt of State Housin~ Initiatives Partnership [SHIP] ProBTam funds. All Road Impact Fees waived or deferred the Board shall be pa~d bit the Board into the apl~opriate toad J3pact fee trust account w~thin six (6) yeats from the date the award of a defertel and/or waiver as provided heroin, but Ln no event, later than the time when that amount is needed for a project funded by those Road Impact Fees waived or deferred. The Board shall pay into the appropriate road impact fee tz~ast account such amounts equal to any Road ~mpact Fees previously waived or deferred by the Board or previously exempted ot reimbursed by the Board within six (6) years from the date of such waiver, defertel, exemption or reimbursement but, Ln no event, later than the time such amounts are needed for a project funded by those Impact Fees ~aived, deferred, exempted reimbursed. Waivers a~d defertale shall be ~ssued in the order that completed quelifyLn~ applications ere received by the County ,oo, 065 , 294 llansger. Xt least forty psrcent (401) of the amount budgeted for Road l~pact Fee waivers and/or de~s~als ~st ~ utilized to fund ~ad I~ Fee waivers a~/or deferale for single family K. ~ cha~ss ~ a~n~snts to X~sndix C or ~s nini~ f~i~ r~lrnsnts ad~ in ~is Se~ion ~st ~r as an ~dl~n~ ne~snt at a ~lic hearin~ oZ the Board oZ County ~issioners ~in~ after 5:00 L. No XZ~ordable H~sin~ ~aiver or deZs~al shall ~ant~ for a ~ad I~a~ Constation pro~s~ which consists a ~obils ~. WoWithstandina any ~r~isions sls~hsrs in this ~dinancs ~o ~s contra~. any ~sr that develops an X~ordabls H~ina rental a~a~snt c~lsx consistina in vhols or ea~ ~sllina Units ss~in~ vs~ 1~ and/or 1~ inc~s levels and msetin~ all re~iremsnts. and sub~e~ to all conditions. 2e~ion 3.04 shall ~ entitled to de~er one hundred ~srcent fl00t~ o~ the ~Ea~ Fees a~licable only to such rental ~ellina Units ss~ina ve~ 1~ and/or 1~ inc~s levels i~ [l) all such deleted X~a~ Fees are ~aid on or ~fore the end o~ six years ~r~ the date ~ch ~a~ Fees are deleted: and fii~ the rental a~a~snt dsvelo~ent shall main ~fordabls H~sin~ ~ali~i~ fundsr Ss~ion 3.04 o~ this ~dinancs~ for a mini~ S~ ~s CcnZlict ~d S~srability ~s pr~lsions of this Ordinance shall ~ ll~rally cons~ to sZZs~ivsly ca~ out its ~ses in ~s interest oZ ~lic healS, saZsty, welfare and convenience. IZ any seaion, p~ass, sentence or ~ion of ~ls ~dinance is Zor any rsason hsld i~alid or ~constitutional ~ any c~ o~ c~stsnt ~i~l~ion, such ~rtion shall ~ deemed a separate, distin~ and independent provision, and such holdinq shall not aZ~ect the validity o~ the remainin~ portions thereo~. ,o. 065 , 295 vords ~ are added~ vords =~;;~ ~;;~ are dsls~ed, IECTIO~ TK~WSS Zffeotive Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinanc~m has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 30th day of ~arc~ , 19.94. ATTE~: ~; '.'~ BO OF COUNTY COMMI 0 ~DW~'GH~.~jfE. 'B~I~, Clerk CO IER COUNTY, pproved as to form and legal suffioisncys Richard D. Y~anovtch T~ Assistant County attorney ~ r~~' ~ ' words l~tl/aJdlld are added; words :~-r=zh ........ are deleted, -:. STATE Or FLORIDA ) COUNTY 0~ COLLIER ) l, DWIG1Tr Z. BROCK, Clerk of Courts in and for the Twentieth 3udtc/al Clrcult, Collier County, Florida, do hereby certify that the foregoing ie a true copy of: Ordinance No. 94-19 which was adopted by the Board of County Commissioners on the 30th day of Hatch, 1994, during Special Session. WITNESS my hand and the offlctal seal of the Board of County Commissioners of Collier County, Florida, this 6th day of April, 1994. C~e=k o~ Cou=t$ and Cle~ ~:. -" , '?.. ~' . County Comm~$elone~s - ., Deputy Clerk '+' 065 297 .~, BOOKPxGE .