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Ordinance 94-20 OI~IXANCE NO. 94- 20 _ ORDINANC~ AMENDING COLLIER COUNTY INANC~ 92-33, AS AHENDED, RELATING TO COLLII~ COUNT~ ~DUCATIONAL FACILITIES TEM IHPACT FEE ORDINANCEI AMENDING F~TION 3.05, FROVIDINC FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE SINOI PROVIDIHO FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ~, the Board of County Commissioners of Collier County on May 17, 1992 enacted Collier County Ordinance No. 92-31, establishinq the Collier County Educational Facilities System lapact Fee Ordinance; and WliXRIAS, the Board of County Commissioners of Collier County o1~ 2e~r 2, 1991, enacted Collier County Ordinance No. 91-65, amsndln~ Ordinance No. 91-33; and WHIRIAS, the Board of County Commissioners of Collier County on Au~us~ 10, 1993 enacted Collier County Ordinance No. 93-55, amendin~ Ordinance No. 92-33; and WHXKEAS, the Board of County Commissioners of Collier County on February 28, 1994 enacted Collier County Ordinance No. 94-9, amending ordinance No. 92-33. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that= 2ECTION OIZt Amendment to 2sotion 3.05 of Collier County Ordinanoe No. 92-33, as amended Section 3.05 is hereby amended to read as follows~ 2ection 3.05 Affordable Housing A. Pursuant to the guidelines established In this Section, the County shall (1) waive or (2) defer, as applicable, the payment of t~e Impact Fee for any new owner-occupied or rental Educational Facilities System Impact Construction whichqualif~es as Affordable Housing under Appendix A of this Ordinance. (1) Any person seeking an Affordable Housing waiver or defertel for proposed Educational Facilities System Impact Construction shall file with the County Manager an Application for waiver or defertel, prior to receiving a 065,, 298 Words ~are added; words e%Faek--%~a~ are deleted. - I - Bu~ldin~ Persit for the proposed Educational Facilities 2yetera Impact Construction. The Application for waiver or defertel shall contain the lollowing*. (a) The name and address of the Owner~ (b) The legal description of the Residential property upon which the Educational Facilities System Impact Construction shall' be constructed~ (c) The income level c~ the Owner or iZ the o~ner is a builder, the income level of the household to which the D~elling Unit viI1 be sold or rented~ (d) The number o~ bedrooms in each Dwelling Unit of the Educational Facilities System Impact Construction. (2) If the proposed Educational Facilities System Zmpact Construction seats the requirements for an Affordabl, Housing waiver or deferral as sat forth in this Section, then the County Hanager shall issue an lmpac~ Fee waiver or defertel, as applicable, to the Owner or Applicant. The lipact Fee waiver or defertel shall be presented in lieu oZ payment of the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dw,lling Unit must meet all of the follrding crlt,riax (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 oZ issuance o£ the Impact Fee waiver or d,ferral, as those terms are defined in Appendix A, and the monthly paysent to purchase the unit must be within the Affordable Housing quidelines established in Appendix A. A Dwelling Unit shall qualify as o~ner-ocoupted 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 oZ oo, 065,, : 299 Words ~ are added~ words e~-~ek--~we~ are deleted. -2 - issuance of ths certificate of occupancy, or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes o%mership of the D~elllng Unit. If 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 i f there i s 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) The Dwelling Unit must be the homestead of the Owner(s). (4) The Dwelling Unit must remain A~fordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit unless Impact Fee is repaid to the County. C. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: (1) The household re.ting 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 A and the amount of rent must be within the Afford. able Housing guidelines established in Appendix A. (2) The Dwelling Unit must be the hcusehold's petsanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Unite 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 purchaser~ provided, however, if the Impact Fee deferral was paid with State Housin~ Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.05, 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 deferral of impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be iwmediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the date of issuance of the Certificate of Ocoupanc~, whichever occurs first~ provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at 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 a non-qualified purchaser during 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 [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 complianc~ with Section 3.0S of this Ordinance for fifteen (15) years after the date the certificate of occupancy.is issued for the Dwelling Unit, the Impact Fees are 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 Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix A. The Impact Fees waived or ?!! Nords~are added~ worda~sPa~-4~l~ are deleted. ~..,. deferr;d shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental D~elling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be f}led 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 a~d payable b~ the Owner or, in the alternative, the Owner shall have ~lnety (90) days to comply with the Affordable Housing standards set forth in Appe.dix A. (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 A, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all cqatstanding Impac~ Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria for fifteen (15) years after the issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or cleferrs1 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 renter, the Educational Facilities System Impact Construction must be sold or rented to ,oo 065 302 Words lL~are added~ words ele~m~--%h~ee~hare deleted. - 5 - households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Impact Fee waivers or defertale paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix A qualifications ',and approval prior to Building Permit issuance. A D~elling Unit shall qualify as owner-odcupied if a lease-purchase agreement is in effect at the date of issuance of the Impact 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 occupancy, or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ovnership of the Dwelling Unit. If the purchaser falls to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be repaid im~ediately unless the Dwelling Unit is sold to another qualifying 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 purchaser~ provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen years from 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 must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.05 of this Ordinance for a fifteen (15) year period after Words~ar$ added~ words =~r~:h thr:u~ are deleted. - S - the certificate of occupancy is issued and if the Dwelling Uni~s sold to a non-qualifying purchaser, the Impact Fees ~II · ai to County. If the Impact Fees were paid ; shall'be r p d the wia.~State Housing Initiatives Partnership [SHIP] Program 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 agreement. The agreement described herein shall operate as a 'lien against the Dwelling Unit. The lien shall termil:.:te. upon the recording of a release or satisfaction of lien in the public records of Collier County, In the case of a 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. (6) Annually, the Owner of a rental Dwelling Unit shellS, provide to the County Manager an affidavit of cornplaice with the criteria set forth in this Section. An affiXwit must be filed within thirty (30) days of the nniv~rs ry date of the issuance of a certificate of a a occupancy. If the income of any unit tenter which or 11y q~alified as very low or low income level as defined in Appendix A exceeds the Affordable Rousing benefit standards met 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. (7) Upon satisfactory completion of the agreement requirements, the County shall record any necessary words ~ are addedt words a~rae~--4~weu~h are deleted. documentation evidencing same, including, but not limited to, a release of lien. (8} In the event the Owner is in default under this acrreement. and the default is not cured within thirty C30] dave after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs. includina attornev's fees and costs. incurred by the Board in enforcina this a~reement. DlUS thterest at the statutory rate for ~ud~ments calculated on a calendar day basis until ~9~ '~' The agreement shall be binding upon the Owner~s successors and assigns. ~ '^' The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and defertale granted 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 and defertale in the Collier County Mousing Assistance Plan, as established by County Ordinance No. 93-19. Impact Fee waivers and deferrals pursuant to this Section shall begin 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 Educational Facilities System Impact Fee Trust Account within six (6) years from the date of the award of a waiver and/or deferral, as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the Educational Facilities System Impact Fee Trust Account such amounts equal 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, Words ]lD~ are added; words =truck thr=ugh are deleted. - 8 - deferral, exemption or reimbursement but, in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived, deferred, exempted or reimbursed. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or deferrals must be utilized to fund Impact Fee waivers and/or defertale 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 minimum funding requirements adopted in this Section must occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or Deferral shall be granted for an Educational Facilities System Impact Construction project which consists of a Mobile Home. M. NOtwithstandina any Drovisions elsewhere in this Ordinance to the contrary. any Owner that develops an Affordable Housinu rental apartment complex consistins in whole or Dart Of Dwellinu Units servino very low and/or low income levels and meetino all recuirements. and subject to all conditions. of Sec=ion 3.05 shall be entitled to defer one hundred percent (100%~ of the Impact Fees applicable only to such rental Dwellinq Units servinc very low and/or low income levels if: {i} all such deferred Impact Fees are Paid on or before the end of six [6) Years from the date such Impact Fees are deferred: and (ii) the rental apartment development shall remain Affordable Housinc gualified {under Section 3.05 of this Ordinance) for a minimum of SECTIO~ TBa~Z: Comfiiot and SerefaCility The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for any ,oo 065 Words underlined are added~ words =tr~ck thr;u~k are deleted. - 9 - reason ~eld 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 remaining portions thereof. SECTION FOU~: Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 30~ day of M~reh , 1994 · · ... .: AUST~. ~"o :~ BOARD F COUNTY COMMISSIONERS DWIGHT EQ' BR~K, Clerk COL ER COUNTY, FLO A .~~ By. Approved-as to form and legal sufficiency: Richard D. ch TT.|s ~cfi~e {iTed w|th t'ne oral ~cknowTeeJ~ern~ t of thc:t df74013 Jf/~7~~~3y,~4r.~p,L.~/~ f. r-ce Words underlined are added; words et~E~M~k--~are deleted. STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 94-20 which was adopted by the Board of County CommiesioneTs on the 30th day of March, 1994, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of April, 1994. DWIGHT E. BROCK Clerk of Courts and Cl'ez-k ' :'~.~ Ex-officio to Board of .-. ' County Commissioners -" " -' "' ""'~ ' "':"' C]T'."" % !! } ,i : ''~' By: /s/F. llie Hoffman Deputy Clerk 065 308