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Ordinance 93-54 ORDINANCE NO. 93- EMERGENCY ORDINANCE AMENDING COLLIER COUNTY )INANCE NO. 92-22, AS AMENDED BY ORDINANCE~NO. 2-57, AS AMENDED BY ORDINANCE NO. 92-99, RELATIN~ TO THE COLLIER COUNTY ROAD IMPACT FEE ORDINANCE; AMENDING SECTION 3.04, PROVIDING FOR MODIFICATIO~OF PROVISIONS RELATING TO AFFORDABLE HOUSING; PROVIDING FOR DECLARATION OF EMERGENCY; PROVIDING FOR CONFLI~ AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. "~ WHEREAS, the Board of County Commissioners of · County on April 16, 1992, enacted Collier County ordinance No. 92-22, establishing a Road Impact Fee Ordinance; and . ~tEREAS, the Board of County Commissioners of Collier ~%lnty on August 11, 1992, enacted Collier County Ordinance No. 92-B7, amending Ordinance No. 92-22; and WHEREAS, the Board of County Commissioners of Collier . Co%l~ty on December 16, 1992, enacted Ordinance No. 92-99, 9~ further amending Ordinance No. 92-22; and · WHEREAS, the Department of Community Affairs has requested certain amendments to the Road Impact Fee Ordinance as a " condition to the County's receipt of State Mousing Initiatives Partnership [SHIP] Program funding; and i. WHEREAS, immediate enactment of this Ordinance pursuant to ~ Section 125.66(3), Florida Statutes, is necessary because the County will not receive the State Housing Initiatives ~'~' Partnership [SHIP] Program funds until enactment is completed. ~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY ~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: ~end~ent to Section 3.04 of Collier County Ordinance No. 92-22~ as amended Section 3.04 is hereby amended to read as follows: Ssction 3.04. Affordable Housing A. Pursuant to the ~idelines established in this Se~ion, the County shall (1) waive or (2) defer, as app~c~le, the pa~ent of the Road Impact Fee for any new o~-~upied or rental Road Impact Construction which ~a~ies as Affordable Housing under Appendix Words ~ are added, words (1) Any person seeking an Affordable Housing waiver cr~ ~ferral for proposed Road Impact Construction shall file with the County Manager an Application for waiver or deXerral, prior to receiving a Building Permit for the proposed Road Impact Construction. The Application for waiver or deferral shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Road Impact Construction shall be constructed7 (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 Road Impact Construction. (2) If the proposed Road Impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or deferral, as applicable, to the OQner or Applicant. The Impact Fee waiver or deferral shall be presented in lieu of payment of the Road Impact Fee pursuant to Section 2.02. B. To qualify for aN Road Impact Fee waiver or deferral, owner-occupied Dwelling Unit must meet all of the following (1) The Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level as those terms are defined in Appendix C and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix (2) The Owner, or if there is more than one Owner, one of the Owners, must be a first-time home buyer. To qualify~s a first-time home buyer, the ,o0 U63- 56 Worde.~ are added; words ~ are deleted. Owner must not have had an ownership interest in their primary residence in the past three years. (41) The Dwelling Unit must be the homestead of the Owner(s). ($~) The Dwelling Unit must remain Affordable Housin~ for fifteen years from the date a certificate cf occupancy is issued for the Dwelling Unit. C. To qualify for an Impact Fee deferral, a Dwelling Unit o~fsred for rent must meet all cf the following criteria: (1) The household renting the Dwelling Unit must have a very iow or iow income level as defined in AppendiE C and the amount of rent must be within the Affordable Housin~ quidelines established in Appendix (~Z) The Dwelling Unit must be the household's permanent residence. (41) The Dwelling Unit must remain Affordable Housing for fifteen years from the date a certificate of occupancy is issued for the Dwelling Unit. D.All Road 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, the refinancing of the Unit, or the a~scontinuance of of Dwelling use the Dwelling Unit as Affordable Housing, whichever occurs first~: Drovide~, however, if the Road Impact Fee deferral was Paid with Stat~ ~ousin~ Init~ative Partnership ~SHIP1 Pro.ram funds. will be made to the Collier County affordable bousinq trus~ Words underlined are added; words ~ are deleted. i!'[ ' E. The Impact Fees deferred for rental Dwelling Units at t/%a time the Building Permit was issued shall become due and ':'. aha11 be immediately repaid to the County upon the sale of the Dwelling Unit, refinancing of the Dwelling Unit, 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 Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the i[" Cotmty if the Dwelling Unit is not utilized as Affordable ':' Housing at any time during the fifteen 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 Housin~ Initiatives Partnership rSHIP] Pro,ram fu~, repayment will be made to the Collier County affordable housinq tr~st fund. If the Dwelling Unit is used as Affordable Housing for the full 15 year period, 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 · ~/i~ owner-occupied or rental Affordable Housing Dwelling Unit shall ~' be the percentage set forth in Appendix-C. The ~oad Impact ~,.. Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. ]:.' H. Annually, the Owner of the Dwelling Unit shall provide i,. tO the County Manager an affidavit of compliance with the ~f' criteria set forth in this Section. An affidavit must be filed ;~ii~ within thirty days of the anniversary date of the issuance of a '~'' certificate of occupancy. :.,. I. The Owner receiving a~ Road Impact Fee waiver or ' deferral shall enter into an impact fee agreement with the ' County which agreement shall provide for, at a minimum, the Words underXined are added~ words=~ru=..~ ~ ~.h~ugh are deleted. following and shall further include such provisions deemed necessary by the County to effectuate the provisions of this : Sec~c~on= ~:.~ (1) The legal description of the Dwelling Unit. (2) Where a~ Road 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 Road Impact Construction must be sold or rented to households meeting the criteria set forth in this i!i.' Section. Road Impact Fee waivers or deferrals Paid for with State Housina Initiatives Partnership fSHIP] :-' Proaram funds will only be aranted directl¥_.to bvyers .<. meetin~ Appendix C aualifications and approval DriO~ tO Buildin~ Permit issuance. (3) For ow~er-occupied Dwelling Units, the , amount of Impact Fees deferred shall be repaid to the t County upon the sale, refinancing or discontinuance of ' use of the Dwelling Unit for Affordable Housing, :' whichever occurs firstv~ provided, however if ~Qad ImDact Fees were paid with s~a~e Bousina Initiative Partnership [SHIP] Prooram funds, reDa~v~ent will be ~. made to the Collier County affordable housin~ trust fund. For rental units, the Road Impact Fees deferred shall be repaid upon sale, refinancing, 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. Even though the Road Impact Fees have been repaid to ,~: the County because the Owner sells, refinances or ~i;. discontinues the uss of the Dwelling Unit for Affordable Housing, the County can require the Owner to utilize the Dwelling Unit for Affordable Housing for fifteen years from the date the Certificate of Occupancy was issued for the Dwelling Unit. 063. 59 Words ~ are added~ words e~~ are deleted. (4) For owner-occupied Dwelling Units where Road Impact Fees have been waived, the Dwelling Unit must be utilized for Affordable Housing for a fifteen year period after the certificate of occupancy is issued and if the Dwelling Unit ceases to be utilized for that purpose, the Impact Fees shall be repaid to the County. ~ Even though the Impact Fees have been repaid to the County because the Dwelling Unit has not been utilized for Affordable Housing, the County can require the Owner to utilize the Dwelling Unit for Affordable Housing. (5) The deferred and/or waived Road 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. 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 days of the anniversary date of the issuance of a certificate of OCCUpancy. (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) The agreement shall be binding upon the Owner's successors and assigns. (9) The agreement shall be recorded in the Official Records of Collier County. J. The amount of Road Impact Fee waivers and deferrals gXanted pursuant to this Section shall be limited, in total, to Words ~ are added; words ~ are deleted. the amount appropriated by the Board of County Commissioners at their final public hearing regarding the adoption of the annual County budget ~ct Fee waivers or deferrals in the Collier County Hpusinq ~ssistance Plan. as create~b~Collier County Ordinance NP, 93-19. Road Impact Fee waivers and deferrals pursuant to this Section shall begin in the 1993-94 fiscal year or earlier upon receiu~ 9f State HoA~~ti~e Partnership fSHIP1Proaram funds. The budgeted amount shall be set aside in a trust fund and paid into the road impact fee trust account no later than the time when that amount is needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed~ applications are received by the County Manager. At least forty percent 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 and which are constructed by builders constructing less than five single family Dwelling Units per year. K. Any changes or amendments to Appendix C or the minimum funding requirements adopted in this Section must occur as an ordinance amendment at a public hearing of the Board of County Comm~ssioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Road Impact Construction project which consists of a Mobile Home. SECTION TNO~ De~laration of Emsrgsnc~ ~e Board of County Commissioners does hereby declare that an emergency exists and that immediate enactment of this Ordinance i. necessary, and by no less than four-fifths (4/Sthe) vote of the membership of the Board of County Co~uaissioners of Collier County, Florida, does hereby waive notice of intent to consider this Ordinance. Words ~ are added; words e~ are deleted. SECTXON THREEs Conflict and 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 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 ~ereof. 8E~ZON FO~ Effective Date A certified copy of th~s Ordinance, f~led ~ the Clerk of the Board of County Co~[ssioners of Collier County, Florida, with the Department of State of the State of Florida, as soon after enactment as ~s practicable by deposit~ng the same with postal authorities of the government of ~e United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. ~s Ordinance shall become effective as provided in section 125.66(3), Florida Statutes. PASSE~ ~D D~Y ADORED by the Board of County Conditioners of Collier County, Florida, this /~ . day of :~~, 1993. .[~O~~ E'?'[B~K, Clerk BO~D OF CO~TY COmmiSSIONERS ~' ' '~ ~1~ ordlno~ce f~ed with the ~c~a~ of ~tote's Offlc~ ~sistant county Attorney o~ ock~ledge~nt ~f that 62 Words ~ are added; words ~~ are deleted. 'COUNTY OF COLLIER ) I, DWIGHT E. BROCK, Clerk of Courts tn and for the Twentieth JudAcAa! Circuit, Collier County, Florida, do hereby certify that the fOregoing is a true copy of: · ~ Ordinance No. 93-54 which wam adopted by the Board of County Commissione'rs on the lO~h'day'of August, 1993, during Regular Session v~a Zii'~i~'proceduree. · WITNESS my hand and the official seal of the Board of Coun~'~ommtssioners of Collier County, Florida, thts llth day of August, 1993. Clerk of Courts and Clerk.' "-. Ex-officio to Board of,? ' County Commies tone~ Q Deputy Clerk ~' /~:t" ' '