Ordinance 93-55 ORDINANCE NO. 93- 55
AN EMERGENCY ORDINANCE AMENDING COLLIER
( ¢OUNTY ORDINANCE 92-33, AS A~[ENDED, BY
COLLIER COUNTY ORDINANCE NO. 92-65,
RELATING TO THE COLLIER COUNTY
EDUCATIONAL FACILITIES SYSTEM IMPACT FEE ~
ORDINA/~CE; AMENDING SECTION ~ ._
~ ] 3.05,PROVIDING FOR HODIFICATION OF ~
PROVISIONS RELATING TO AFFORDABLE ~
~ .~"/7 HOUSING; PROVIDING FOR MODIFICATION OF ~ ':~',~
APPENDIX A; PROVIDING FOR DECLARATION OF ~ -~
EMERGENCY; PROVIDING FOR CONFLICT AN0 ~ .,~
SEVERABILITY; AND PROVIDING AN EFFECTIVE ~ ~:
DATE. ~ ~
WHEREAS, the Board of County Commissioners of Collier
County on May 17, 1992 enacted Collier County Ordinance No.
92-33, establishing the Collier County Educational Facilities
System Impact Fee Ordinance; and
WHEREAS, the Board of County Commissioners of Collier
CO%lAty on September 8, 1992 , enacted Collier County Ordinance
No, 92-65, emending Ordinance No. 92-33 ; and
WHEREAS, the Florida Department of Community Affairs has
recluested certain amendments to the Educational Facilities
System Impact Fee Ordinance as a condition to the County's
receipt of State Housing Initiatives Partnership [SHIP] Program
funding; and
WHEREAS, immediate enactment of this Ordinance pursuant to
Se~tion 125.6(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 ONBz 2%mendment to Section 3.05 of Collier County
Ordinance No. 92-33, as amended
Section 3.05 is hereby amended to read as follows:
Section 3.05 Affordable Housing
Wor~s ~ are addedl words ~ are deleted.
·
.>
-~-k' ~
. ". Wo~:dB ~ are added; words ~~gq~ are deleted.
~'~ C,,.
Words ~ are added: words ~ are doleted.
/'
A. Pursuant to the ~uidelines established in this
Section. the County shall (1) waive or ~2) defer, am
· / applicable, the ua~ent of the Imnact Fee for any DeW
~or~ un~erlfne~ ~re ~d~ed~ ~ords ~~ ~re deleted.
owner-occupied or rental Educational Facilities System Impact
Construction which aualifies as Affordable Housina under
A~Dendix A of this Ordinance.
(1) Any ~erson seekina an Affordable Housing waiver
or deferral for DroDosed Educational Facilities System
Impact Construction shall file with the County Manager an
ADDlication for waiver or deferral, prior to receivin~ a
Buildin~ Permit for the DroDosed Educaticnal Facilities
~VStem Impact Construction. The AoDlication for waiver or
deferral shall contain the followin~:
Ca~ The name and address of the Owner:
Cb~ The legal d~rlmtion of the Residential
DroDert~uDon which the Educational Facilities_Sv~%em
Impact Construction shall be constructed,'
lc) The income level of the Owner or if th~
Owner is a builder, the income level of the household
to which the Dwellin~ Unit will be sold or rented:
Cd) The number of bedrooms in each Dwellin~ Unit
of the Educational Faciliti~ System I~pact
Construction.
¢2) If the Proposed Educational Faqi~i~es System
Impact Construction meets the requirements for a~
Affordable Housin~ waiver or deferral as set forth in3b~$
section, then the County Manager shall iSSUe an I~pact Fee
waiver or deferral, as aPPlicable, to the 0wDer or
ADDlicant. The ImPact Fee waiver or deferral shall b9
presented in lieu of payment of the Impact Fee Pursuant tO
Section 2.02.
B. To ~ualifv for an Impact Fee waiver or deferral, an
owner-occupied Dwellinu Unit must meet all of tb_e followin~
:,, ~1) The Owner~s~ of the Dwelling Unit mu$~ bav~
a very low, low, or moderate i~ome level as those
terms are defined in ADmendix A and the monthly
Words underlined are added; words ~truck through are deleted.
eavment to ourchasa the unit must be Within th9
~ffordable Housin~ ~uidelines established in Apoendix
~21 The Owner. or if there is ~9_~e than one
Owner. one of the Owners. must be a first-time home
buyer. To aualif¥ as a first-time home buyer, the
Owner must not have had an ownershim in%erest in their
primary residence in the mast three years.
[3~ The Dwelling Unit must be the homestead
the OwnerCs},
[4) The Dwellin~ Unit must remain Affordable
Housin= for fifteen years from the date a certificate
of occupancy is issued f~r the DWellinG Unit.
C. To ~ualifv for an Impact Fee deferral, a Pw~1linG Uni~
offered for rent must meet all of the following Griteria:
¢1) The household rentin~ the Dwelling
have a very low or low income level as defi~ed in
ADDendix A and the amount of rent must be withi~ the
Affordable Housing ~uidelines established in ADPen~ix
{2~ The Dwellino Unit mUS% b~ ~he household's
· permanent residencg,
;i~i'- [3) 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 Impact Fees deferred for owner-occupied Dwellinq
Units at the time the Building Permit W~S issued shall become
due and payable and shall be immediately reDa[d to the County
uDon the sale of the Dwelling Unit. the refinancin~ of the
Dwelling Unit. or the discontinuance of use of_the Dwellin~
Unit as Affordable HousinG. whichever occurs first: provided=
however. ~f the Imnact Fee deferral was DaSd with_State Hous~n~
Initiative Partnership rSHIP~ ProGram funds, rePaYment will b~
~de to the Collier County affordable h0ustn~ trust fund.
Words~ are added; words et~-mek~ are deleted.
'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 uDon the sale of th_9
Dwellina Unit, refinancing of the Dwelling Unit. the
discontinuance of use of the DwelliDa Unit as Affordable
Housin= or fifteen years from %he date of issuance of the
Certificate of Occupancy. whichever occurs rivet: nrovided.
however, if the Imoact Fee deferral was maid with State Housing
Initiative Partnership £SHIP] ProGram funds, repayment will be
made to the Collier County affordable houslDq trust
F. Any Impact Fees waived for an owner-occuoied Dwelling
Unit at the time a Building Permit was issued ~hall become du_~
and Davable and shall be immediately reoaid to the County if
the Dwellin~ Unit is not utilized as Affordable H~USiDq at any
time d~ring the fifteen year Period after the certificate, of
occupancy is issued for the Dwelling Unit.. ~f the Impact Fe~
deferral was maid with State ~ousinG Initiative Partnershi~
~S~IP] Program funds, repayment wil~...~e mad~ ~ the Collier
County affordable housing trust fund. If the DwelliD~ Unit
~sed as Affordable ~ousing for the full 15 year Defied. ~he
Impact Fees are no longer due and the lien on ~he Dwellin~ Unit
shall be released.
G. The Dercentaoe of the total Impact Fee which shall be
waived.or deferred pursuant to this Section for ao
owner-occuDied or rental Affordable Housing Dwelling Unit shall
b, th, ~.rcentaG, set forth in A~oendi~ A. The ImPact Fees
waived or deferred shall be a lien on the property until all
Ne~uirements under this Section have been satisfied.
~. Annually. the Owner of the Dwelling Unit ~ball provide
to the County ManaGer an affidavit of compliance with.%be
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 occumancv.
I. The Owner receiving an Impact Fee waiver or deferra%
- 9 -
Words underlined are added; words ~
:~uc,: th=ough are deleted.
,~.:!_ shell enter into an impact fee acreement with the County which
,~"' ' &~reement shall Provide for. at a minimum, the followina and
shall further include such provisions deemed necessary by the
County to effectuate the provisions of this Section:
(1~ The legal des~r~p~oq 0~ the Dwelling Unit.
f2) Where an Impact Fee waiver or deferral is
Given to an Owner who will be s~llina or renting
Dwellin~ Unit to a subseGuent purchaser or renter, the
Educational Facilities ~vstem I~Dact Construction must
be sold or rented to households meeting the criteri~
set forth in this Section. Imnact Fee waivers or
deferrals Paid for with State Hgusinq,,,Ipiti~ives
Partnership fSHIP] Program funds will only be Granted
directly to buyers meetin~ ADDendix A oualifications
and approval prior to building permit issuance.
¢3) For owner-occupied Dwgllin~ Units, the
amount of Impact Fees deferred shall be repaid to the
County UPOn the sale. refinancing or discontinuance
use of the Dwelling Unit for Affordable ~U~g,
whichever occurs first: provided, however, if the
Impact Fee deferral was Paid with State Housina
Initiative Partnershio fSHIP] Prooram funds, rep~vmen%
will be made to the Collier County ~fordabl9 h0us~nq
trust fund. For rental units, the Impact Fees
deferred shall be repaid uPOn sale. refina~CiDq, the
discontinuance of use of the Dwelling Unit as
Affordable Housin~ or fifteen years from ~h~
of a certificate of occupancY, whichever occurs first.
Even though the Impact Fees have been..reDaid to the
County because the Owner sells, ref~.nanc~s O~
discontinues the use of the Dwelling Unit for
Affordable HousinG. the County can reGuire the Owner
to utilize the Dwellino Unit for Affordable ~ousiDq
for fifteen years from the date the certificate of
Words underlined are added; words=~ru=,:~ ' ~.,~,,~ are deleted.
occupancy was issued for the Dwellina Unit.
........ . .... f4) For owner-occupied Dwellina Uni~s.where
Impact Fees have been waived, the Dwellin~ Unit must
~',LL.._'~ be utilized for Affordable Housin~ for a fifteen year
"' Period after the certificate of occupancy is issue~
and if the Dwellinu Uni~.ce~ses to be utilized for
that purpose, the Impact Fees shall be repaid to the
County. If the Impact Fees. were D.2J.d with State
~ousin~ Initiative Partnership [SHIP] Proaram funds.
repayment will b~ made.to the Collier County
affordable housing trust fund. Even though the Impact
Fees have been repaid to the ColDly beG~use the
Dwellin~ Unit has not been utilized for Affordable
~ousin~. the County can require ~be Owner to utilize
the Dwellin~ Unit for Affordable HOusinG.
~5) The deferred and;or waived Imoact Fees shall
be a lien on the property which lien may be forecl0se~
upon in the event of non-comoliance with
re~uirements of the agreement,
f6) Annually. the Owner of the Dwelling Unit
shall Provide to the County manager aB a~fidavit 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 re~uiremen~s, the County shall record an~
necessary documentation evidencin~ same. lncludin~
but not limited to. a release of lieD,
(8) The agreement shall be.bindina UPOn the
Owner's successors and assigns.
¢9) The a~reement shall be recorded in the
Official Records of Collier.COUD~y,
J. The amount of Impact Fee waivers and deferrals ~ranted
'' Words underlined are added; words ~
=~ruc.. through are deleted.
i.~ - Durs~ant to this Section shall b9 l~lted, in total, to the
amount annromriated bv the Board of Cp~ntv Commissioners at
their final Public hearina reGardina the ~pp~!on 9f the annual
County budaet and the amount allocated to Impact Fee waivers
and deferrals in the Collier County Housinq Assistance Plan. as
established by County Ordinance No. 93-19. Impact Fee waivers
and deferrals pursuant to this Section shall beain in the
1993-94 fiscal year or earlier UPOn receipt of State Housin,
Initiative Partnership (SHIP] ProGram funds. The budqsted
amount shall be set aside in a trust fund and maid into the
educational facilities svs~m impact fee trust acc_9~nt no l~ter
than that time when that amount is needed for a Dro4ect funded
by those Impact Fees waived or deferred. Waivers and deferra]~
shall be issued in the order that completed cualifyina
applications are received bv the Countv Manacer. At lea~
forty percent of the amount budaeted for Impact Fee waivers
and/or deferrals must be utilized to fund Imnact Fee waivers
and/pr deferrals f~r s~Dale family ow~er-9~UDied Dwellina
Units.servina the very low and low income levels and Which ~re
c~n?~.rucp~d by builders Constructina less ~han five s£nple
family Dwelltna Units Der year.
K. Any chanaes or amendments to ADDendix A or the mind,Bm
fundina requirements adopted in this Section must ~ccur
ordinance amendment at a Public hearin~ of the Board of
commissioners occurrina after 5:00 n.m.
L. No Affordable Housing waiver or Deferral shall be
~ranted for an Educational Facilities System Imnac~
~onstruction Dro4ect which consists of a ~obile Ho~,
SEOTION THREE~ Amendment to ~ppendix A of Collier County
Ordinance No. 91-71, as amended
Appendix A is hereby amended to read as follows:
A~D~NDIX '
Words underlined are added; words ~ are deleted.
W
- u
ve v 0 o t a licable e a t the ~
- 13 -
are added; words ~~ are deleted.
applicable Impact Fee deferred, pursuant to the terms
of the Impact Fee Ordinan~c.
e) Affordable Housinq owner-occuoied Dwelling Units ~ich
exclusively serve moderate income families and wh~&:h
are the owner's homestead shall be required to pav 75%
of the applicable Impact Fee. and shall h~ve
the aoDlicable Impact Fee deferred Dursg~n
terms of the Impact Fee Ordinance.
f. Emeraencv Medical Services System Imnact Construction
which meets the criteria set forth in Subsections b
and c of Section 3.05 constructed by an Aaencv of
Collier County or by an Independent Governmental
A=encv oursuant to an interlocal aqreement with
Collier County and which construction is 100~
~overnment funded shall have 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 recuire a pub~lG
hearinu of the Board of County Commissioners occurrinq
after 5:00 P.m.
SBCTION TWO~ Declaration of Emergency
The Board of County Commissioners does hereby declare that
an emergency exists and that immediate enactment of this
Ordinance is necessary, and by no less than four-fifths
(4/Sths) vote of the membership of the Board of County
Commissioners of Collier County, Florida, does hereby waive
notice of intent to consider this Ordinance.
SECTION ~EE: Conflict and Severab~lity
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
eh&11 not affect the validity of the remaining per=ions
thereof.
SECTION FOUR~ Effective Date
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board of County Commissioners of
Collier County, Florida, with the Department of State of the
State of Florida, as soon after enactment as is practicable by
Words ~ are added; words ~
:.ru:.. throu~ are deleted.
depositing the same with postal authorities of the government
'?' of the United States for special delivery by registered mail,
postage prepaid, to the Florida Department of State.
This Ordinance shall become effective as provided in
section 125.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this ~ day of
:~" ~, 1993.
'*~ D~.GHT Ei,BRO.~K, Clerk COLLIER COUNTY, FLORIDA
· :,':~: ' ',;2' '''{ e.
~ '',i'~',',%..: ..:..~'' . ~'~,F ,: : L,~: //~, B~---'2~ D~ /'~ SAUN ~, ,//~h
/ '4"h :"~. . . ..~ URT L. airman
A~p~ovsd-as~-.eo form and
nw~uz ro ~%sllcon Th[s orc~Inor~:~ flied w~th the
L TM Assistant County Attorney
ond oc~ncw'edge~?t '.o~. t~at
063 78
k." - 15 -
'' Words ur~L~led are added; words ~ are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 93-55
which was adopted by the Board of County Commissioners on
the 10th day of August, 1995, during Regular Session via
Emergency procedurea.
WITNESS my hand and ~he official seal of the Board of
Cowry Commtestonere of Collier County, F/or/da, this llth
day of August. 1993.
DWIGHT E. BROCK
Clerk of Courts and Cler~.~j~.T /.~,.
Ex-officio to Board of ~"" ' "'
County Commissioners ,~ " '~'
By://s/MaureenK~:L~n ~'.. .
x.~Deputy Clerk '"/.. .~<.
''.~?~i~4