Ordinance 94-50 ! " ORDINANCE NO. 94- 50~~ ~
~ ~ ORDINANCE AHENDING COLLIER COUNTY ORDINANCE .-
"~ ~O. 88-96, AS AMENDED, RELATING TO THE COLLIER ~ '.
"~1 e' 0'oCOUNTY PARKS AND RECREATIONAL FACILITIES IMPACT ,~
~ FEE ORDINANCE; AMENDING SECTIONS 2.02 AND 3.02, ~ 'Q
PROVIDING FOR AMENDMENT OF PROVISIONS RELATING ~ ~'~ ,
TO USE OF MONIES; AMENDING SECTION 4.05, ~ ~<
PROVIDING FOR MODIFICATION OF PROVISIONS ~ O~
RELATING TO AFFORDABLE HOUSING; PROVIDING FOR '£}
MODIFICATION OF AFFORDABLE HOUSING B~EFITS ~;~
STANDARDS CONTAINED IN APPENDIX I; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County
on December 13, 1988 enacted Collier County Ordinance No. 88-96,
establishing a Parks and Recreational Facilities Impact Fee
Ordinance; and
WHEREAS, the Board of County Commissioners of Collier County
on May 22, 1991, enacted Collier County Ordinance No. 91-39,
amending Ordinance No. 88-96; and
WHEREAS, the Board of County Commissioners of Collier County
on May 6, 1992 enacted Ordinance No. 92-29,. which amended Collier
County Ordinance 88-96; and
WHEREAS, the Board of County Commissioners of Collier County
on December 16, 1992 enacted Collier County Ordinance No. 92-97,
amending Ordinance No. 88-96; and
WHEREAS, the Board of County Commissioners of Collier County
on August 10, 1993 enacted Collier County Ordinance No. 93-52,
amending Ordinance No. 88-96; and
WHEREAS, the Board of County Commissioners of Collier County
on February 28, 1994 enacted Ordinance No. 94-6;
WHEREAS, the Board of County Commissioners of Collier County
on April 11, 1994 enacted Ordinance No. 94-17; and
WHEREAS, the Board of County Commissioners of Collier County
is desirous of amending the provisions of Ordinance No. 88-96, as
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNt, FLORIDA, that:
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BEC~ION ONEX Xmen4ment to Section 2.02 of Collier County
Ordinance No. 88-96, as amended
Section 2.02 of Collier County Ordinance No. 92-22 is hereby
amended as follows:
Section 2.02. Use of Monies
a. The Board hereby establishes a separate trust account
for the Regional Park Impact Fees, to be designated as the
"Regional Park Impact Fee Trust Account" which shall be
maintained separate and apart from all other accounts of the
County. All such Impact Fees shall be deposited into such trust
account immediately'upon receipt.
b. The monies deposited into the Regional Park ~mpact Fee
Trust Account shall be used solely for the purpose of providing
growth necessitated construction improvements and additions to
the Regional Parks within the County including, but not limited
to:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Land and materials acquisition including any costs
of acquisition or condemnation;
(4) construction and design of improvements and
additions to Regional Parks;
(5) Design and construction of-new drainage facilities
required by the construction of improvements and additions to
Regional Parks;
(6) Relocating utilities required by the construction
of improvements and additions to Regional Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment for Regional
Parks;
(11) RepaD~nent of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
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of this Ordinance, which were used to fund any of the growth
impacted'improvementsor additions as herein provided;
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Regional Parks subsequent
to the adoption of this Ordinance; and
(13) Reimbursement of excess Regional Park Impact Fees
due an Applicant pursuant to Section 4.08.
(14) Design and construction of roadway improvements
required by Regional Park Facilities.
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Study adopted pursuant to
Section 2.04 and any amendments or supplements adopted
pursuant to Section 4.09 and any other administrative costs
incurred by the County.
Funds on deposit in the Regional Park Impact Fee Trust Account
shall not be used for any expenditure that would be classified as
a maintenance or repair expense.
c. The monies deposited into the Regional Park Impact Fee
Trust Account shall be used solely to finance improvements and
additions to the Regional Parks required by growth as projected
in the Impact Fee Study.
d. Any funds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the Regional
Park Impact Fee Trust Account and used as provided herein. To
the extent permitted by law, any interest accrued on Regional
Parks Impact Fees which is not needed for improvements and
additions to the Regional Parks may, at the discretion of the
Board, be used to fund waivers or deferrals of' Regional Parks
Impact Fees pursuant to Section 4.05 of this Ordinance. In
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addition. to the extent permitted by law. any accrued interest
on Recional Parks Impact Fees which is not needed for
improvements and additions to the ReGional Parks may, at the
discretion of the Board, be used to fund waivers of Regional
Parks Impact Fees if the Board makes the following findings by
resolution:
a. The entity re~uestina a waiver is a not-for-
profit corporation or business. or charitable
organization:
b, The entity Provides services to low income or
V~rY low income citizens of Collier County at
reasonable rates:
c. The County does not PrOVide such services:
d. The provision of services provides substantial
benefits to the citizens of Collier County,
e, S~ficient funds in the Regional Parks Impact Fee
~ccounts exist to fund the waivers:
~, Funding for the waiver will only be used from the
fund for which the waiver is Granted: and
g. The entity is a child care or similar SUDDgrt
facility which is included in the original site
~eveloDment plan[_ of an affordable housing
project and which project has ~ualified for an
affordable housing waiver or deferral.
The resolution adopted by the Board shall state such
findings and authorize the Da¥Tnent. in whole or in. Dart. of the
Regional Parks Impact Fee.
e. The Regional Park Impact Fee collected pursuant to
this Ordinance shall be returned to the then current Owner of
the property for which such fee was paid if such fees have not
been expended or encumbered prior to the end of the fiscal year
immediately following the sixth anniversary of the date upon
which such fee was paid. R~funds shall be made only in
accordance with the following procedure:
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(1) The then current Owner shall petition the Board for
the refund prior to the end of the fiscal year immediately
following the sixth anniversary of the date of the payment of
the RegionalPark .Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property for
which the.Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the status of the
Impact Fee requested for refund, and if such ,Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purposes of this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
f. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
School Board shall be entitled to retain and apply the Impact
Fees for growth necessitated capital improvements and additions
to the County Regional Park System.
SECTION TWO: Amendment to Section 3.02 of Collier County
Ordinance No. 88-96, as amended
Section 3.02.of Collier Couhty Ordinance No. 88-96 is hereby
amended as follows:
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Section 3.02. Use of Monies
a. The Board hereby establishes separate trust accounts for
the Community Park Impact Fees, to be designated as the
"Immokalee Community Park Impact Fee Trust Account", "Marco
Community Park Impact Fee Trust Account", and "Naples and Urban
Collier County Community Impact Fee Trust Account", which shall
be maintained separate and apart from all other accounts of the
County. All Community Park Impact Fees shall be deposited into
the respective Community Park Impact Fee Trust Account
immediately upon receipt.
b. The monies deposited into the respective Community Park
Impact Fee Trust AccOunt shall be used solely for the purpose of
providing growth necessitated capital improvemen~s and additions
to the Community Parks within that Community Park District
including, but not limited to:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Land and materials acquisition, including any costs
of acquisition or condemnation;
(4) Construction and design of improvements and
additions to Community Parks;
(5) Design and construction of drainage facilities
required by the construction of improvements and additions
to Community Parks;
(6) Relocating utilities required by the construction
of improvements and additions to Community Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital' equipment for Community
Parks;
(11) Repayment of monies' transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
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of this Ordinance which were used to fund any of the growth
impacted improvements or additions as herein provided;
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness, issued by the County to fund growth impacted
improvements and additions to the Community Parks subsequent
to the adoption of this Ordinance; and,
(13) Reimbursement of excess Community Park Impact Fees
due an Applicant pursuant to Section 4.08.
· (14) Design and construction of roadway improvements
required by Community Park Facilities.
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Study adopted pursuant to
Section 1.04 and any amendments or supplements adopted
pursuant to Section 4.09 and any other administrative costs
incurred by the County.
Funds on deposit in the respective Community Park Impact Fee
Trust Accounts shall not be used for any expenditure that would
be classified as a maintenanae or repair expense.
c. The monies deposited into the Community Park Impact Fee
Trust Account shall be used solely to.provide improvements or
additions to Community Parks within the Community Park District
from which it was collected and which is required by growth as
projected in the Impact Fee Study.
d. Any funds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the
respective Community Park Impact Fee Trust Accounts and used as
provided herein. To the extent permitted by law, any interest
accrued on Community Park Impact Fees which is not needed for
improvements and additions to the Community Parks may, at the
discretion of the Board, be used to fund waiver's or deferrals of
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Community Park Impact Fees pursuant to Section 4.05 of this of
this Ordinance. In. addition. to the extent permitted by law. any
accrued interest on Community ~ark Impact Fees which is not
needed for improvements and additions to Community Parks may. at
the discretion of the Board. be used to fund waivers of Community
Park Imoact Fees if the Board makes the follow~n~ findings bv
resolution:
a. The entity reauestinQ a waiver is a not-fQr-
profit corporation or business. or charttabl~
organization=
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates=
c. The County does not provide such services:
d. The Drovision of services provides substantial
benefits to the citizens of Collier County,
e. Sufficient funds in the Community Park ImDact Fee
accounts exist to fund the waivers:
f. Fundind for ~he waiver wtll only be used from the
fund for which the waiver ts urante~ and
The entity is a child care or similar suDpQrt
facility which is included in the oriQinal site
development plans of an affordable hous~nu
project amd which Dro~ect has ~uallried for an
affordable housinQ waiver or defertel.
The resolution adopted by the Board shall state such
findinq~ and authorize the payment. in whole or i~ part. of the
Community Park Impact Fee.
e. The Community Park Impact Fee collected pursuant to
this Ordinance shall be returned to the then current owner of
the property for which such fee was paid if such fees have not
been expanded or encumbered prior to the end of the fiscal year
immediately following the sixth anniversary of the date upon
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which such fee'~was paid. Refunds shall be made only in
accordance with ~he following procedure:
(1) Th~ then current O~ner must petition the Board for
the refund prior to the end of the fiscal year immediately
following the sixth anniversary of the date of the payment of
the Community Park Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then' current Owner of the property
for which the Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board, of the status of the
Impact Fee requested for refund, and if such Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purposes of this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
f. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
County shall be entitled to retain and apply the Impact Fees for
growth necessitated capital improvements and additions to the
county Community Park System.
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SECTION T~REEz Xmen~ment to Section 4.05 of Collier County
Ordinance No. 88-96, as amended
Section 4.05 is hereby amended to read as follows:
Section 4.05. Affordable Housing'
A. Pursuant to the guidelines established in this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of the Impact Fee. for any new o~ner-occupied or rental
Parks and Recreational Facilities Impact Construction which
qualifies as Affordable Housing under Appendix I of this
Ordinance.
(1) Any person seeking an Affordable Housing waiver or
defertel for proposed Parks and 'Recreational Facilities
Impact Construction shall file with the County Manager an
Application for waiver or defertel,, prior~ to receiving a
Building Permit for the proposed Parks and Recreational
Facilities Impact Construction. The Application for waiver
or defertel shall contain the following:
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Parks and Recreational
Facilities Impact Construction shall be constructed;
(c) The income level of the Owner or if the Owner
is a builder, the income level of the household to
which the Dwelling Unit will be sold or rented$
(d) The number of bedrooms in each Dwelling Unit
of the Parks and Recreational Facilities Impact
Construction.
(2) If the proposed Parks and Recreational Facilities
Impact ConstruCtion meets the requirements for an Affordable
Housing waiver or defertel as set forth in this Section,
then the County Manager shall issue an Impact Fee waiver or
defertel, as applicable, to the OwT~er or Applicant. The
Impact Fee waiver or deferral shall be presented in lieu of
payment of the Impact Fee pursuant to Section 2.02.
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B. To qualify for an Impact Fee waiver or deferral, an
owner-o~cupied Dwelling Unit must meet all of the following
criteria:
(1) The O~n~er(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
level, at the time of issuance of the Impact Fee waiver or
deferral, as those terms are defined in Appendix I, and the
monthly palrment to purchase the unit must be within the
Affordable Housing guidelines established in Appendix I. A
Dwelling Unit shall qualify as o~er-occupied 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 occupanc7 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) month period, then the waived or deferred Impact Fee
must be immediately repaid unless the Dwelling Unit is sold
to another quail'lying Owner.
(2) The Owner, or if there is more than one Owner, one
of the Owners, must be a first-time home buyer. To gualify
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 musk be the homestead of the
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the 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:
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(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 duraUlon thereof, as those terms
are defined in Appendix I and the amount of rent must be
within the Affordable Housing guidelines established in
Appendix I.
(2) The Dwelling Unit must be the household's
permanent 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 purchaser;
provided, however, if the Impact Fee defertel was paid with State
Housing Initiative Partnership [SHIP] Program [unds, repayment
will be made to the 'Collier County affordable housing trust fund.
For purposes of this Section 4.05, 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 defertel 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 immediately 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 occupancy,
whichever occurs first.
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 issold 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 P~rtnership [SHIP]
Program funds, repayment wilf be made to the Collier County
067 339
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affordable housing trust fund. If the Dwelling Unit is used as
Affordable Housing in compliance with Section 4.05 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 ow~er-occupied
or rental Affordable Housing Dwelling Unit shall be the
percentage set forth in Appendix I. The Impact Fees waived or
deferred shall be a lien on the property until all requirements
under this Section have been satisfied.
B. (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 Ipayable 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 I.
(2) If the household income of the qualified o~nler-occupied
Dwelling Unit rises above the benefit standards for waivers and
deferrals set forth in Appendix I, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
outstanding Impact 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 set forth
in Section 4.05 for fifteen i15) years after issuance of the
,o.. 1r,
Words underlined are added~ words e~s,~k--~e~/N are deleted.
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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 Section=
(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 Parks and Recreational
Facilities Impact Construction must be sold or rented to
households meeting the criteria 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 will only be granted
directly to buyers meeting Appendix I qualifications and
approval prior to Building Permit issuance. A Dwelling 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 deferral or within thirty 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 ownership of
the Dwelling 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 repaid immediately
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. If Impact
Fees were paid with Stat~ Housing Initiatives Partnership
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(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
(15) 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
4.05 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 Impact Fees were paid
with 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 terminate
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
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
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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 O~ncr or, in the alternative, the
Owner shall have ninety (90) days to comply with the
Affordable Housing standards set forth in Appendix I.
(7) Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited
to, a release of lien.
(8) In the event the O~ner is in default under this
agreement, .and the default is not cured within thir~cy (30)
days after ~ritten 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,
including attorney's fees and costs, incurred by the Board
in enforcing this agreement, .plus interest at the statutory
rate for Judgments calculated on a calendar day basis until
paid.
(9) The agreement shall be binding upon the Owner's
successors and assigns.
(10) The agreement shall be recorded in the Official
Records of Collier County.
J. The amount of Impact Fee waivers and deferrals
granted pursuant to this Section shall be-limited, ~n total,
to the amount appropriatedby the Board at its final public
hearing regarding the adoption of the annual County budget and
the amount allocated to Impact Fee waivers or deferrals in the
Collier County Housing Assistance Plan, as established by
County Ordinance No. 93-19. Impact Fee waivers and deferrals
fIB7 343
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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 appropriate parks
and recreational facilities impact fee trust account within six
(6) years from the date of the award of a waiver and/or
defertel 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
appropriate parks and recreational facilities 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,
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 deferrals for single family
owner-occupied Dwelling Units serving the very low and low
Income levels.
K. Any changes or amendments to Appendix I 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 a Parks and Recreational Facilities Impact
Construction project which consists of a Mobile Home.
M. Notwithstanding any provisions elsewhere in this
Ordinance to the contrary, any Owner that develops an
Affordable Housing rental apartment complex consisting in whole
Words underlined are added; words =truck thr=u~h are deleted.
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or part of Dwelling Units serving very low and/or low income
levels and meeting all requirements, and subject to all
conditions, of Section 4.05 shall be entitled to defer one
hundred percent (100%) of the Impact Fees applicable only to
such rental Dwelling Units serving'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 Housing qualified (under Section 4.05 of this
Ordinance) for a minimum of 15 years.
~. The Board. in its discretion. may aaree bv Resolution
~O Subordinate its lien for ImDaCt Fees to a primary lender
and/or qovernment funded affordable housinq loan such as SAIL
Qr HOME loan if.O~ner can demonstrate that a subordination is
necessary to obtain financina and. in the case of'rental
C~wellinq Units. if the Owner provides additional security
satisfactory to the County such as additional or substitute
collateral in the form of cash or cash eauivalent financial
instruments which will yield the full amount of the deferred
impact fees at the expiration of the period of the defertel.
SECTION FOUR: ~endment to ~ppendix I of Collier County
Ordinance No. 88-96, as amended
Appendix I is hereby amended to read as follows=
APPENDIX I
AFFORDABLE HOUSING DEFINITIONS, BENEFIT
STANDARDS, AND LIMITATIONS
The following set forth the applicable definitions and benefit
standards for Affordable Housing Dwelling Units for the purpose
of determining eligibility for Impact Feewaivers and deferrals
(herein referred to as "benefits").
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GRO.UPS
a) Very low income families means those families whose
incomes do not exceed fifty percent (50%) of the median income
for the area as determined by the Secretary of the U.S.
Department of Housing and Urban Development (area median
income).
b) Low income families means those families whose incomes
are more than fifty percent (50%) and do not exceed sixty
Words underlined are addedl words e~ are deleted.
-18-
percent (60%) of the area median income as determined by the
Secretary of the U.S. Department of Housing and Urban
Development (area median income).
c) Moderate income families means those families whose
incomes are more than sixty percent (60%) and do not exceed
eighty percent (S0%) of the area median income as determined by
the Secretary of the U.S. Department of Housing and Urban
Development (area median income).
For a Dwelling Unit to be determined to be affordable, the
monthly rent or monthly mortgage payment, including property
taxes and insurance shall not be in excess of thirty percent
(30%) of the families household income. In no instance will
rental limits exceed the rental limits established by the
Florida Housing Finance Agency for rents adjusted to bedroom
size in projects assisted under the SAIL Loan Program or the
Low Income Rousing Tax Credit Program based on unit size.
II. BENEFIT STANDARDS
a) Affordable Housing owner-occupied Dwelling Units which
exclusively serve .very low income families and which are the
owner's homestead shall have one hundred percent (100%) of the
applicable Impact Fee waived pursuant to the terms of the
Impact Fee Ordinance.
b) Affordable Rousing rental Dwelling Units which
exclusively serve very low income families shall have one
hundred percent (100%) of the applicable Impact Fee deferred
pursuant to the terms of the Impact Fee Ordinance.
c) Affordable Housing owner-occupied Dwelling Units which
exclusively serve low-income families and which are the owner's
homestead shall have fifty percent (50%) of the applicable
Impact Fees waived and have fifty percent (50%) of the
applicable Impact Fee deferred pursuant to the terms of the
Impact Fee Ordinance.
d) Affordable Housing rental Dwelling Units which
exclusively serve low income families shall pay fifty percent
(50%) of the applicable Impact Fee, and shall have fifty
percent (50%) of the applicable Impact Fee'deferred, pursuant
to the terms of the Impact Fee Ordinance.
e) Affordable Housing owner-occupied Dwelling Units which
exclusively serve moderate income families and which are the
owner's homestead shall be required to pay ~
~wentv-fiv~ percent [25%] of the applicable Impact Fee, and
shall have ~we~~ seventy-five percent [75%~ of the
applicable Impact Fee deferred pursuant to the terms of the
Impact Fee Ordinance.
f) Parks and Recreational Facilities Impact Construction
meets the criteria set forth in Subsections b and c of Section
4.05 constructed by an Agency of Collier County or by an
Independent Governmental Agency pursuant to an interlocal
agreement with Collier County and which construction is one
hundred percent (100%) government funded shall have one hundred
percent (100%) of the Impact Fees for that construction waived,
pursuant to the terms of the Impact Fee Ordinance.
NOTE: An Amendment to the Appendix shall require a public
hearing of the Board of County Commissioners occurring after
5:00 p.m.
Words underlined are added; words e~%~ae~e-{qM½ are deleted.
SECTION FIVEx Conflict and Severabilit='
The provisions of this Ordinance shall be liberally
I' 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 reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a sep-
arate, distinct and independent provision, and such holding
shall not affect the validity of the remaining portions
thereof.
SECTION SIX: 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 Jail day of
_.x~..~' , 1994.
A~EST: ;' BOARD OF Y COMMISSIONERS
Approved as to form and
legal sufficiency:
~etdf P. ~shton '-
Assistant County Attorney
Words underlined are added; words e{~ee~--~4~-e~3~are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Coll'ter County, Florida, do
hereby certify that the foregoing is a true, copy of:
Ordinance No. 94-50
which was adopted by the Board of County Commissioners on
the 28th day of September, 1994, during Special Session.
WITNESS my hnnd and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th
~..
day of October, 1994.
DWIGHT E. BROCK ' ' - ~ \ '~% ,~ .~
Clerk of Courts and Clef.k. · ~.'
Ex-offtcio to Board of ...' "~,
Coun~
~s/Maureen Kenyon 7',. '
Deputy Clerk