Ordinance 92-094 ORDIN~CE NO. 92- 94 ~
.~A~ FEE O~IN~CE BY ~DING SE~ION 3 ~4
~OZ6~TITLED AFFO~ABLE HOUSING, PROVIDING ~R
~ MODIFICATION OF PROVISIONS RE~TING TO AFFORDABLE
HOUSING; PROVIDING FOR MODIFICATION TO APPENDIX A;
PROVIDING FOR CONFLI~ ~D S~E~BILITY; ~D
PROVIDING ~ EFFE~IVE DATE.
~E~S, the Board of County co~issioners of Collier
County on Nove~er 27, 1990, enacted Collier County ordinance
No. 90-87, establishing a Collier County Regional Sewer System
Impact Fee Ordinance; and
~S, the Board of County co~issionsrs of Collier
County on June 18, 1991, enacted Collier County Ordinance No.
91-51, and on November 10, 1992, enacted Collier County
Ordinance No. 92-92, amending Ordinance No. 90-87; and
~S, the Board of County Co~issioners of Collier
County desires to further amend the Ordinance in certain
respects.
Now, ~FORE, BE IT O~AINED BY ~E BO~ OF CO~
CO~ISSION~S OF CO~I~ CO~TY, F~RIDA that:
SECTION O~ Section 3.04, Affordable Housing of Collier
County Ordinance No. 90-87, as amended, shall be amended as
follows:
Section 3.04 Affordable Housing.
~ ~ ~ ~ '~h=Ic ~ ~ part ~ moncy
~ ~ Housing and Ur~n ~ ~ ~ any
.... ; ~ ...... sccking ~ .... organic ........
.or ~ propcccd ...... ~ ~ ~
059m 78
Words updgrline~ are added; words ~truck through are deleted.
e4%a%-~ f-i%e 'with thc County
~ upon 'which
........
Fen ~ Thc
.~ ~ Sccticn 2.02.
~ pur=u=nt
~ m~ ...... ~" -~'~ ~
~ ~ Imp=ct Fcc for
~oo~ 059~t 79
Words underline~ are added; words =truck through are deleted.
~e~ shall fila %'Ith thc Count~ ~
~ .-Thc Ap~ far tha ~ ~
4-~ ~-~ ~,,c ~ewe~ £yctcm Impact Dcvclopmcnt ~te bcing
--~'"-"' -~ ling ~ .............. z ......
~ ~ .... ~" ~ ...... ~"-~. ~ccumcntation shall
within -~-~" '~ days e~ t-he
~ ' ohall
,o. 80
Words underlined are added; words ~-~u~3h are deleted.
calendar ~ Failure ~ ~ =uch
~uoh annual rcimburscncnto ~
~,,a .... c ..... monthly ~ta
~ Thc --~-~ ........ ~- ~ ~h ...........
dayc ~ ~ ~ thc Authcrlzaticn far
~tal monthly ~ ~ ~ ~
Words ~Dderlined are added; words ctruck through are deleted.
ma~ ,not ~ ~~
~ ~vclop~:nt
.............
~ Building
· ~ithln th-
..... C~'C~
total ~
cllglbility
~ all ~ 'which
Dcvclcpmcnt projcct "~=-~....~.. rcccivcs
Affcrda~ Housing
--5--
Words underlined are added; words struok through are deleted.
~ Aa ~ '~ho ,h~o bccn dcnicd a4~ {~pae4~ Fcc
~ ~ a~ Authori.-.aticn for Re-imb~s~mea~- may rcqucot a
.............. ~ on ---uc.h ......... pursuant
-z .... ~ ~ew~% wh~ %e ehar.--ctcri--.cd ae
e~ e~ ~ ~ zxlstin~ d%'clling ~ '~hich ~e
~ .... ~-- et-h~-wiee meets '~- ~ ~ ~hi~ ~c:ti:n --~
............ crc fundm available ~-e ~:uc..~ ~
]%. Pursuant to the ~uidelines established in this
Section. the County shall ¢1) waive or ¢2) dg~e~ a~
applicable, the payment of the Sewer System Impact Fee for any
new owner-occupied or rental Sewer System Impact Developmo~
which Gualifies as Affordable Housin~ under APpendix A of this
Ordinance.
(1) AnY person seekin~ an Affordable l{ousin~ waiver
or deferral for ProPosed Sewer System Impact Development
sha~l file with the County Manager an ApPlication for
Waiver or Deferral. prior to receiv~ng a Buildtn~ Permit
for the proposed Sewer Svstem Impact Development. The
APPlication for Waiver or Deferral shall co~%a~] th~
following:
(al The name add address of the Owner:
83'
Words underlined are added; words ---truck through are deleted.
(bi The legal description of the Residential
ProDertv upon which the Sewgr System Impact
Develooment shall be constructed;
¢c~ The income level of the Owner or if the
Owner is a builder. ~he income level of the household
to which the Dwellin~ Unit will be sold or rented:
{d) The number of b~drooms in each Dwellin~ Unit
of the Sewer System Impact Development,
(2~ If the ProPosed Sewer ImDac~ Construction meets.
the recruirements for an Affordable Housing waiver or
Deferral as set forth in this Section. then the County
Manager shall issue an Impact F~ Waiver Qr Dgferral. as
applicable, to the Owner or Applicant. The Impact Fee
Waiver or Deferral shall be presented in lieu of payment of
the Sewer Impact Fee pursuant to Section 2.02.
B. To crualifv for an Impact Fee Waiver or Deferral, an
9wBer-occuDte~ Dwelling Unit must meet all o~ the ~ollowin~
criteria:
¢1~ The Owner(s~ of the Dwellin~ Unit mu~t have
a very low, low, or moderate income level as th9$~
%grms are defined in ADDendi× A and the monthly
p~yment to Purchase the unit must be within the
Affordable Housin~ Guidelines established in AppeD~ix
~2~ The owner, or if there is more than one
Owner, one of the Owners, must be a first-time home
buyer, To qualify as a first-time home buyer, the
Owner must not have had an ownership i~%terest in their
Primary residence in the Past three vel%rs.
($) At least sev~Dty percent o~ the 0w~er's
household income must be from ~ai~ful emDlovment
within Collier County,
Words underlined are added; words ~% are deleted.
{4~ The Dwelling Unit must be the homestead of
the OwnerCs%.
¢5% The Dwelling Unit must remain Affordable
Housing for fifteen Years from tbs date a certificate
of Occupancy is issued for the Dwelling Unit.
C. TO ~ualifv fQr an ImPact Fee Deferral a Dwelling Unit
offered for rent must meet all of the following criteria:
(1) The household rent~n~the Dwelling Unit must
have a very low or low income level as defined in
APPendix A and the amount of rent must be within th~
Affordable Housinq Guidelines established in APPendix
f2~ At least seventy Percent of the renting
household's income must be from Gainful employment in
Collier CountY.
(~) The Dwelling Unit must be the household's
permanent residence.
¢4~ The Dwellina Unit must remain Affordable
HOusinG for fifteen Years from the date a Certificate
9f Occupancy is issued for the Dwelling Unit.
D, Ail Impact Fees deferred for owner-occuPied Dwelling
Units at the time the Buildina Permit was issued shall become
due and payable and shall be immediately repaid to the County
upon the sale of the Dwellinq Unit. the refinancinq of the
Dwellin~ Unit, or the discontinuance of use of the Dwelling
Unit as Affordable Housing, whichever occurs first.
~, The Impact Fees deferred for rental Dwelling Unit~ ~t
the time the Building Permit was issued shall become due and
~hall be immediately repaid to the county upo~ the sale o~ the
Dwellin~ unit. ~efinancinG of the Dwelling Unit. the
discontinuance of use of the Dwel~iDq Unit as A~fordable
Housing or fifteen years from the date of issuance of the
certificate of Occupancy. whichever occurs first.
,oo 1159 , 85
Words underlined are added; wordsc~uc,:' through are deleted.
F. Any Impact Fees waived for an owner-occuDi~ Dwellina
~nit at the time a buildinq permit was issued shall become due
and payable and shall be immediately repaid to the County if
the Dwelling Unit is not utilized as affor.~ble housina at any
time during the fifteen year period after the Certificate of
Occupancy is issued for the QwellinG Unit. If the Dwelling
Unit is used as Affordable Housin~ for the full 15 year period.
the impact fg~s are no longer due and the lien on the Dwellinq
Unit shall be released.
~. The percentage of the total Impact Fee which shall be
waived or deferre~ pursq~t to this Section for an
owner-occupigd or renta~ Affordable Housing Dwe%linG Unit shall
be the percentage set forth in Appendix A. The Impact Fees
waived or deferred shall be a lien on the property until all
re(ruirements under this Section have been satisfied.
~. Annually the owner of the Dwellin~ Unit shall provide
to the County Manager an affidavit of compliance with the
criteria set forth'in this Section. An affidavit mu~ be file~
withi~ thirty days of the anniversar~ date of the issuance of
Certificate of Occupancy.
I, The Owner receivina an Impact Fee Waiver or Deferral
~hall enter into an Impact Fee A~reement with the County which
A~reement shall provide for. at a minimum, the following and
shall further include such provisions deemed necessary ~¥ the
County to effectuate the provisions of th~s $~tion:
¢1) The legal description of the Dwellin~ Unit.
~ Where an Impact Fee Waiver or Deferral is
~iven to an Owner who will be sellinq or rentin~ th,
Dwellin~ Unit to a subsequent Durchase~ or renter.
Sewer S~stem Impact DevelopmeDt must be sold or
~Q households meetinq the criteria set forth in this
Section.
Words underlined are added; words ~ are deleted.
¢31 For owner-occupied Dwelling Units. the
amount of Imnact Fees deferred shall be repaid to the
Countv upon the sale. refinancing or discontinuance of
use of the Dwelling Unit for Affordable HousinG.
whichever occurs first. For rental ~ts the Impact
Fees deferred shall be repaid upon sale. refinancinG.
the discontinuance of use of the Dwelling Unit as
Affordable HOUSinG or fiftee~,,vears from the issuance
of a Certificate of. Occupancy. whichever occurs first.
Even though the Impact Fees have been repaid to the
County because the Owner sells, refinances or
discontinues the use of the Dwelling Unit for
Affordable HousinG. the Countv can require the Owner
to utilize the Dwelling Unit for Affordable
for fifteen years from the date the Certificate
Occupancy was issued for the Dwelling Unit,
f4) For owner-occupied Dwelling Units where
ImPact Fees have been waived, the Dwellin~ Unit must
be utilized for Affordable Housing for a fifteen year
period after the Certificate of Occupancy is
and if the Dwelling Unit ceases to be utilized
that PurPose. the Impact Fees shall be repaid to the
county. Even thouqh the Impact Fees have been repaid
to the County because the Dwelling Unit has not been
utilized for Affordable Housing the County can
the Owner to utilize the Dwelling Unit for Affor~ab~.
HousinG.
{5~ The deferred a~d/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
reGuirements of the ~greem~nt.
(6~ Annually the owner of the Dwellinq Up~t
shall provide to the County manager an affidavit of
Words under~ine~ are added; wor~s ~ are deleted.
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 ~atisfactorv completion of the
A~reement reouirements, the County shall record any
necessary documentation evidencin~ same. includin~.
but not l~Dlted to. a release of lien.
.. {8~ The A~reement shall be binding upon the
Owner's ~c~essors a~ assians,
' ¢9~ The Aareement shall be recorded in the
Official Records of Collier County,
J. The amount of Impact Fee waivers and deferrals ~ranted
pursuant to this Section shall be limited, in total, to the
amount ~DDroDriated by the Board of County Commissioners at
their final public hearin~ re~ardin~ the adoption of the annual
County budget. Impact Fee waivers and deferrals pursuant to
this SeGtion shall begin in the 1993-94 fiscal year. The
budgeted amount shall be set aside in a trust fund and paid
into the $~wer System Impact Fee Trust Account no later than
that time when that amount is needed for a project funded bv
those impact fees waived or deferred. Waivers and deferrals
shall be issued in the order that completed applications are
received bv 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-oGcuDied Dwellin~ Units servin~ the very low aD~
low income levels and which are constructed bv builders
constructing less than five single family Dwellin~ Units per
year.
K. Any chan~es or amendments to Appendix A or the minimg~
fundin~ requirements adopted ~n th%s section must occur as ao
ordinance amendment at a public hear~nq o( the Board O~ County
~Qmmissioners occurrin~ after 5:00 D.m,
,oo 88
Words underlined are added; words ~truck thrcu~h are deleted.
L. No Affordable Housing Waiver or Deferral shall be
granted for an Sewer SYstem Impact Development project which
consists of a Mobile Home,
M. Althouoh this Section is aimed ak addressing new Sewer
SYstem Impact DeveloPment which is characterized as Affordable
Housing herein, the Board shall have the discretion, and not
the obligation, to consider the Grant reGuests for waiver or
deferral for existing Dwelling Units which are characterized as
Sewer System Impact Development. provided such housing .
otherwise meets the reqg~re~Dts o~ this section and the Board
determines there are funds available to grant such a request.
Any such request shall not be considered bv the Board if not
made within 180 days of connection of the Dwelling Units to the
Sewer System.
SECTION TWOs Appendix A of Collier County Ordinance No.
90-86, as amended, shall be amended as follows:
~ _ ~5,"~ ,-- ~.._ =_~ .... ~,._~__
w ...... a ................. lng Unit.
APPENDIX A
~FFORDABLE HOUSING DEFINITIONS. BEN~FIT
STANDARDS. AND LI~ITATIONS
The following set forth the applicable definitions and bene(~t
~tandar~s for Affordable Housing dwelling upits ~or the purpose
of determining eligibility for Impact Fee waivers and deferrals
(herein referred to as "benefits"%.
Words underlined are added; words ~truck through are deleted.
I. DEFINITIONS OF AFFORDADLE HOUSING INCOME GROUPS
Very low..income families means those families whose
incomes do not exceed 50% of the median income for the
area as determined by the Secretary of the U.S.
Department of ~9usin~ and Urban O$weloDment {area
median income1.
bi Low income families means those f~milies whose incomes
are more than 50% an~ 4o not exceed 60% of th9 area
median i~gome.
Moderate income families me,Ds thQse families whose
incomes are more than 60% and do not exceed 80% of the
area median income.
For a ~wellinG unit %o be determiDed to b~ ~ffordable. the
monthly rent or monthly mor%q~e DavDent. includi~ p=gDertv
taxes and insuran~e sha~l not be in ~Kcess Qf 30% of
families household income.
II BENEFIT STANDARDS
Affordable Housing owner-occupied dwelling units which
exclusively serve very low income families and which
are the owner's homestead shall have 100% of
applicable Impact Fee waived pursuant to the terms of
the Impact Fee Ordinance,
Affordable Housing rental dwellin~ units which
exclusively serve very low income families shall hay-
100% of the aPPlicable Impact Fee deferred pursuant to
the terms of the Impact Fe~ Ordinance,
Affordable Housing owner-occupied dwelltn~ units which
exclusively serve low-income families and which
the owner's homestead shall have ~0% of the applicable
Impact F~es waived and have 50% of the applicable
Imoact Fee deferre~ pursuant to the Sevms of the
Impact Fee Ordinance.
d) Affordable Housing rental dwelling units which
~xclusivelv serve low income families shall DaM ~0% of
the aDDlicable Impact Fee, and shall have 50% of th~
~DDlicable Impact Fee deferred, Dursuan% to $he te~m$
of the Impact Fee Ordinancg~
Affordable Housing owner-occupied dwelling units which
exclusively serve moderate l~come families and which
are the owner's homestead sha~l be reGuired to DaY 75~
of the aDDlicab%e I~pact Fee, and shall have 25% of
the applicable Impact Fee de~erred pursuant ~o the
Serms of the Impact Fee Or~iDance,
f, Sewer Impact Construction which meets the criteria set
£orth in Subsections D and C of SectioD 3,04
constructed bv an A~enc¥ of Collier County
Independent Governmental AqeDcy pursuaDt to
i~terlocal a~reement with Collier cou~t¥ and which
~onstruction is 100% qovernment ~unded shall have 100~
9f the Impact Fees for that construction waived,
Dursua~t to the terms o~ the ImDact Fee OrdiDaDce,
NOTE; An Amendment to the ADDendix shall require a public
h~arinG of the Board of County commissioners occurrin~
after 5:00 D,m,
90
Words underlined are added; words ~ are deleted.
SECTION THREEz CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held 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 portion.
SECTION FOUR~ 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 /~ day of ~, 1992.
· ATTEST: .'..
'~MES C~ .~II~Es, Clerk BOARD OF COUNTY COMMISSIONERS
Approved as to fo~'knd
legal sufficiency: ~;s o~nonc~ f~e4 ~r~
~cr~o~ of S~e's Off;ce
~ ~k~edgement o~ that
~ichard D Y~vanovich r~?celved
Aesi.tant County Attorney - ~~
-14-
Words underlined are added; words o~ru-0, through are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES,.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. 92-94
which was adopted by the Board of County Commissioners on
the 16th day of December, 1992 during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of December, 1992.
JAMES C. GILES .:
Clerk of Courts and Clerk, ..- ...... ~,~,
Ex-officio to Board of
Cou~ '-'.
~ Deputy Clerk ""7' ' '""'
~ ·