Loading...
Ordinance 92-095 ORDINANCE NO. 92- 95 _ ~ AN ORDINANCE AMENDING ORDINANCE NO. 90 -86, ~.. THE COLLIER COUNTY REGIONAL WATER SYST_E~_ FEE ORDINANCE BY AMENDING SECTION 3.04 'ITLED AFFORDABLE HOUSING, PROVIDING FOR ~IFICATION OF PROVISIONS RELATING TO AFFORDABLE iSING; PROVIDING FOR MODIFICATION TO APPENDIX A; NG FOR CONFLICT AND SEVERABILITY; AND NG AN EFFECTIVE DATE. W~EREAS, the Board of County Commissioners of Collier County on November 27, 1990, enacted Collier County Ordinance No. 90-86, establishing a Collier County Regional Water System Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier County on June 18, 1991, enacted Collier County Ordinance No. 91-50, and on November 10, 1992, enacted Collier County Ordinance No. 92-91, amending ordinance No. 90-87; and WHEREAS, the Board of County Commissioners of Collier County desires to further amend the Ordinance in certain respects. NOW, T~EREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE~ Section 3.04, Affordable Housing of Collier County Ordinance No. 90-86, as amended, shall be amended as follows: Section 3.04 Affordable Houeing. ~ ........ ~ A~ ::outing and ~ ~ ~te funded ~ wh~ ....~..z _~_~ ......... ~..~ ~ subsidy prsgram ~4~ ~ Ctata e4~ County · -~ A~ ~ sacking ~sr ~ prcpo~cd Watc~ ~ --1~ Words underlined are added; words ~ s.ruc~ through are deleted. ~ upon ~ioh ,.:'OV, T' ~' ,,C' :' ~,. - I Dc':cl~p=ant cb. all ~ con~tructa~; .- .' ~'"-' · ~ ", o~ . .. ".: T . ' _ . =ub=i~y, including ~ny "'~, ,.'; ~: ,"" .... i< ' :' "" O ........... ~y=tcm ~ .... ~ Dcvclopmcnt, ~ ~ ~,,~ prcpccc~ .,,c ~ issue ~ ~pact ~ thcn ~ Ccunty shall ~li .cc .~ --" ~ Syctcm Impact ~cvclcpncn~ ~ich ~ords uDderlined are ~dded; ~ords ...... ~,~ ~..~,,~ are deleted. ..... f= c~n ~ ~n=truc~ion shall ~= con~ruc.c'-"~ ~ ~, e.~~.-~ ';ill ~ ~~ for o:I= ............ 'rant F 'ah~'- ncct=-~.~ a~ ~ ~ ~' Affordable ~ ~~ ~ th~ County ~ shall " f~ ~ ~ thc Applicant for ~.,~- -ro-o~c.~ ~ ~ ";'.~ ~.cr Sy~tcm Impact Dcvcl~pm~nt, ~ ~ ~ ~-~atcr ~ ~ Dcvclopmcnt ~ baing ..... , ,. cant .,~ ~ta n e ........... z ...... Impac~ ~ ~ ~ thc ~-~--~;-- ~ -~"-~ uclling ~ ~ ~ '~ ~ ~ System ~ ~ ~- County ~ ~ ~ ~ c~c.. ~ Unit ~ ~ .... ~-- ~ Impact Dcvclcpmcnt. Words underlined are added~ words ~h ar~ d~l~ted. Applicant. ~ffcr=d for rent, ~ Applicant m~ =~ain ~ ~ ~~h~ ~tcr ~ ~ Fcc ~ prcscntir~ ~ ~..~ ......... ~..~" thc ' ' fo= ~ and ~ indicating ~ ~ ~ ~ mcnthly rcn~a ~ ~ ~ ~ ~Such ~t~tion Dhall ~ ~ Failu~ ~ ~ such ~ ~ ..... ~ ~ ~ - Affordable ~ ~ any year ~ thc fail~ ~ prs'.'ide ~ fha% the total ~ =cnt~ received pc= ........................... System ~ day~ ~ ~ ~ thc Authcrizaticn ~ ..cim~ur~cmcn~ an~~ ...... ~ documcntaticn indicating ~ cal~ price Words ~d¢~ltne~ are added~ words c~ruck ~hrcugh are deleted. '~- ~ ~n., .. p~ e~eh ~~V~ from ~ 'Jatcr ~ ~ Fccs ccllcctcd ~;suant available ~ ~ Applicant ~ ~tatcd ~ thc ~ ~ ~ ~ ~ ~ cold ~ rented ~ ~ ~ ~ ~ '~ithin ~ ~t~nda~s ycar~ ~ th~ issuanc~ ~ thc Bui Idin~ ~ ~ ~ ~ contained %'ithin ~ ~- ~ ~ ~ ~ ~-~ monthly ~tal ~ ~ ~ Authorization for ~r all pa}santo ~ ar~ rcquircd ~ ~ ~ ~ ~ tenant ~ ~ condition rcsiding at ouch D%'clling unit shall bc inclu~. =~ a ...... ~ Dcvclopmcnt prc]cc~ '.~:-~ rcccivc: ~ ~ = Excmption ~ ~ Af ........ ~ ~ C~unty, and no% ~ ~tric%, shall ~ ~ ~ Sy~tcm ~ ~ ~ account ~ ~ ~ ~ ~'~-- ~ ~ord~ ~ ~re ~dded; ~ords ~ ~re deleted. ~ucti=n ~ ~ ~ Autho=ization ........ ~ .............. on ~ ........ to Scction 3.07. ~ .... ~- which ~z ..... ~ Dc':cl=pmcnt ~ ................ a.c= ~ ~ ~cnt~ providcd A. ~rsuant to th~ ~idelines established in this Section. the County shall (1) waive or f2) defer, as applicable, the pa~ent of the Water Svstem Imp~Lct Fee for ~y new o~er-occuDied or rental Water Impact Development which ~alifies as Affordable Housin~ under ADDendix B O~ this Ordinance, (1) Any person ~eekin~ an Affordable Housin~ waiver or deferral for DroDosed Water System Impac% Deve~opmeDt shall file with the Countv Manager an ADDlication for Waiver or Deferral. Dri0r to receivin~ a Bu[ldin~ Pe~it for the proposed Wa~er System ImpaGt Devel0Dme~t. ~pplication for Waiver or Deferral shall contend :Qllowing: fa) The Bame add addvess o~ the owner; Words underlined are added; words et-~~9~ are deleted. Cb~ The..leqal description of the Residential Property upon which the Water System ImDac~ -. · Development shall b~ ~Q~stru~tedL .... .--~=-'.~--~-¢-¢~'J-The'~income level of th~ Owner or if the -. · Owner. is a-builder, the income level of the household .~.,.~--.'to which~-the-Dwe~liD~ UDit will be so~ Or rented; ~-~-"'.: ~": -~'-,-~d%--~-The-D~m~r~..bedrooms in each Dwellinq Uni~ x_. ~=t~e'.-Wate~-SvstemImpact Development. · '.: ..... ~'.'-(~-)~ I~the DrcDosed'Water'Svstem ImPac~ Development .... ~meets-'the~'re~uirements for aD Affordable Housino Waiver or . . Deferral as.set, forth in this.-Seotion, then the County · :~-~Manaoer;shat{{issue,an Impact Fee'Waiver or Deferral, as ,~.~:~pD}icable..-.t~ the Owner:'o~:'ApD-licant.'-"'The-ImPact Fee · .~.-'3~.Waiver*'o%~,Deferral?sh~}l be',:pr~s'e~ted in'lieu of' payment of the Water System Impact'Fee'pursuant to Section 2.02. .... ~ - To ~ualifv for an Impact Fee waiver or Deferral. an ownerloccuDie4'Dwellin~ Unit must meet all of the following _. .... . .'-.'(1~ 'The OwnerCs~ of th~ Dwelling unit must have .c_. a very' Iow. low. or moderate income level as those .. ~rms are defined in ApDendiK A and the monthly .paYment to Purchase the unit must be within the _. Affordable Housin~ Guidelines established in APPendix ¢2~ The Owner. or if there is more than on- Owner, one of the Owners. must be a first-time home buver. To ~ualifv as a first-time home buyer, th~ Owner must Dot have had an ownership iDterest i~ theiF Primary residence in the past three years. (~) At ~ea~t seveaty percent of the Owner,s household income must be from qain~ul emDlovme~t within collier county. Words underlined are added; words e~l~--~a~h are deleted. (4~ The Dwelling Unit must be the homestead the Owner{si. ..._?~f5L The Dwelling Unit must remain Affordable Housing for fifteen vears from tb~ ~te a Certificate ~f..Occupan~¥. is_ iss¥gd for the ~welling Unit, C. T9 .gualifv:for an ~mpact Fee Deferral a Dwelling Unit o~ere4 for rent mu~ meet.all'of.the following criteria: .... ur:~.[..~-, The..household renting the Dwelling Unit must · have ~ very 'low' or low income-level as' defined in' ~!~!d=~_AD~endix)k-a~d the amount of' rent must be within the l~.~.2_Affo=dable Housing Guidelines established in Appendix ~p~_~..;~h'...~2~' At-least seventy percent of the renting \~_~,,,_%househol~'s~-income must.be'from gainful employment in -' ¢3~ The Dwellin~ Unit must be the household's ............ permanent residence, .... {4~ The Dwelling Unit must remain Affordable Housin~ for fifteen years from the date a Certificate of-Occupancv is issued for the Dwelling Unit. D, All Impact Fees deferred for owner-ogcupigd Units at the time the Building Permit was issued shall due and Davable and shall be immediately repaid ~o the County upon the sale of the Dwelling Unit, the refinancing of the Dwelling Unit, or the discontinuance of use of the Dwelling Unit as Affordable Housing, whichever occurs first, E. The Impact Fees deferred for rental Dwellin~ Units at %he ~ime the Building Permit was issued shall b~gome due and ~hall be immediately repaid to the ¢oupty upon the sale o~ tbe Dwelling Unit, refinancing of the Dwelling Unit, the dtscQDtinuance of use of the Dwelling Unit as Affordable )lousing or fifteen years from the date of issuance of the ~79rtificate of OccuDancv, whichever occurs first= Nords Mnderlined are added; words struck thrcugh are deleted. F. Any Impact Fees waived for an owner-oc¢~.~[_~~ ~;nit at the time a building per. it was issued shDll Become due ~nd payable and shall be immediately repaid to the County if ~%he Dwelling Unit is not utilized as affordable housing at any ~ime during the fifteen year period after the certificate o~ ~)ccupancv is issued for the Dwelling Unit. If the Qwelling ~rnit is used as Affordable H~usinG ~r the ~ull %~ year period. ~he impact fe.s ~re no longer due and the lien on the Dwelling ~nit shall be released. G. The percentage of the total Impact Fee which shall be ~'aiYed or deferred pursuant to this Section for aB ~,wner-occupied or rental Affordable Housing Dwelling Unit shall ~,e the percentage set forth in App~pdix A, The Imp~ Fee~ Faired or deferred shall be a lien on the proDer~y until all ~'e~uirements under this Section have begn satisfie~. ~. Annually the owner of the Dwelling U~t shall provide ~o the County Manager an affidavit of compliance with the ~riteria set forth in this Section. An affidavit must be filed ~ithin thirty days of the anpiversary date o~ the issuance of a ~ertificate of Occupancy. I. The Owner receiving an Impact Fee Waiyer or Deferral §h~ll enter into an Impact Fee Agreement with the County which ~Greement shall provide for. at a minimum, the following and ~hall further include such provisions deemed necessary bY th~ gount~ to effectuate the provisions of this Section] {1] The legal description of the Dwelling Unit, (21 Where an Impact Fee Waiver or Deferral iS giyen to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Water System Impact Development must be sold or rented tO households meeting the criteria set (orth in this Section. W.~rds underlined are added; words ~truck thra~g~ are deleted. ~3) For owner-occupied Dwellin, Units, the amount of Impact Fees deferred shall be repaid to the County ung~ ~be s~le. refinancin, or discontinuance of use of the Dwelling Unit for Affordable HousinG, whichever occurs first. For rental units the Impact Fees de~rr~d sh~ll be repaid upon sale, refinancinG. the discontinuance of use of the Dwellin~ Unit as Affordable Housinq or fif.~een years from the issuance of a Certificate of OtcuDancv. whichever occurs first. Even thouqh the Impact Fees have been repaid to th~ County because the Owner sells, refinances or discontinues the use of the Dwelling Unit for Affordable HousinG. the County can require the Owner to utilize the Dwellinq Unit for Affordable Housinq for fifteen years from the date the Certificate of Occupancy was issued for the Dwellin~ Unit. (4) For owner-occupied Dwellinq Units where I~pact Fees have been waived, the Dwelling Unit mUS% be utilized for Affordable Housina for a fifteen vear period after the Certificate of Occupancy is issued and if the Dwellin~ Unit ceases to be utilized for that purpose, the Impact Fees shall he repaid to the ~QU~v. Even though the Impact Fees have been repaid ~0 ~he county because the Dwellin. Unit has not heed ~tili~ed for Affordable Housin. the County can require the Owner to utilize the Dwellin. Unit for Affordable ~ousina. (~) The deferred and/or waived Impact Fees shall be a lien on the property which lien ~ay b~ ~oreclosed upon in the event of non-compliance with th~ re~uiremeDt~ of the Aqreement, (6} ADnually the owner of the Dwellinq UDit shall Provide to the County manaqer an affidavit o~ Words underlined are added; words ~truck through are deleted. ~ompliance 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. f7~ Upo~ satisfactory completion of the AGreement reGuirements, the county shall record any necessary documentation evidencing same, includinG, ~ but not limited to, a release of lien. (8~ Th~ ~Greement shall be binding uoon the owner's successors and assigns. f9% The AGre~e~ shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and deferrals Granted D%~suant to this Section shall be limited, in total, ~Q a~lount appropriated by the Board of County CommissiQners a~ ~leir final public hearing reGardinG the a~QDtion of the ~nnual ~j)untv budget. Impact Fee waivers and deferrals pursuan~ tO this Section shall begin in the 1993-9~ fiscal v~ar, The ~3~dGeted amount shall be set aside in a trust fund and paid into the Water System Impact Fee Trust Account no tater ~lat time when that amount is needed for a Drogect ~unded bY ~lgse impact fees waived or deferred. Waivers a~d deferra%s ~%all be issued in the order that completed apDld[cations are ~ceived by the County ManaGer. At least forty Percent o~ the ~%ount ~udGeted for impact fee waivers and/or deferrals must be ~:ilized to fund impact fee waivers and/or deferrals for single ~%milY owner-occupied Dwelling Units serving the very low ~)w incom~ levels and which are constructed by builders ~)nstructinG less than five single ~amily Dwell~Dq Un~ts per ~ar. K. AnY changes or amendments to ADpend~x A or the minimum ~ndin~ reGuirements adopted in this Section mu~ occur as an ~dinance amendment at a Public bearinq o~ the Board of County ~)mmissioners occurring after 5:00 D,m. 103 Words underlined are added; words ~truck throu~ are deleted. L, No Affordable Housing Waiver or Deferral shall be ~ranted for an Water System Impact DeveloPment Dro4ect which Konsists of a Mobile Home. ~, Although this Section is aimed at addressing new Water l;vstem Impact Development which is characterized as Affordable ]lousing herein, the Board shall have the discretion, and not ~;he obligation, to consider the qrant reGuests for waiver or ~teferral for existinq Dwellin~ Units which are characterized as ~ater Svstem Impact Development. provided such housing ~,~h~rwise meets the reGuirements of this section and the Board ~le%ermines there are funds available to Grant such a reGuest. ~¥ such reuuest shall not be considered bv the Board if not ~lade within 180 daYS of connection of the Dwelling Units to the ~ter System. SECTION %~O~ Appendix A of Collier County Ordinance No. ~0-86, as amended, shall be amended as follows: ~urpo=cs cf rcoc~vin- -- Affc=dablc ...... ~-- Excmpti=n ~ffordablc ...... ~-- ..cim~ur~cmcn~: ~-~ · Dualling .............. c~.crc ......... or a total m~nthly ronda, amcun~ n~ ;raatcr ~ ¥ ...... a ................ ng~Unit. ~PPENDIX A AFFORDABLE HOUSING DEFINITIONS. BENEFIT STANDARDS. AND LIMITATIONS ~he followin~ set forth the applicable definitions and benefit ~tandards for Affordable Housing dwelling units for the DurDose 9f determining eliGibilitY for ImPact Fee waivers and deferrals lhgrein referred to as "benefits"}. Words u~erlined are added; words ~truck through are deleted. ~. DEFINITIONS OF AFFORDADLE HOUSING INCOME GROUPS Very 10w income, families means those families whose incomes do not exceed 50% of the median income for the area as de%grmingd by the Secretary of the U.S_~ DePartment of HQusina and Urban Development Carea median income]. bi Low income families Deans those families whose incomes are more than 50% and do not exceed 60%.of the area median income. Moderate income families means those families whose incomes are more than ~0% and do not exceed 80% of the area median incom~, For a dwellina unit to be determined to be af:ordable, the monthly rent or monthly mortca~e Davment. includinc proDertv taxes and insuranG~ sh~ll not be in 9XCg~s O~ SO~ of the families household income, I.'(. BENEFIT STANDARDS Affordable Housin~ owner-occupied dwellina units which exclusively serve very low income families and which are the owner's homestead shall have 100% of the applicable Impact Fee waived pursuant to the terms of the Impact.Fee Ordinancg, Affordable Housin~ rental dwellin~ units which 9K~lusivelv serve very low income families shall have 100% of the applicable Impact Fee deferred pursuant to ~he terms of the Impact Fee Ordinance. Affordable Housin~ owner-occupied dwellin~ units which exclusively gerve low-income families and which are ~be owner's homestead shall have 50% of the applicable Impact Fees waived and have 50% of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. Affordable Housina rental dwellin~ u~its which exclusively serve low income families shall DaV the applicable Impact Fee. and shall have ~0~ of the applicable Impact Fee deferred, pursuant to the ~e~ms of the Impact Fee Ordinancg, ~) Affordable Housin~ owner-occupied dwe~ip~ units which gKclusivelv serve moderate income ~am~l~e$ add which are the owner's homestead shall be recuired t6 of the applicable Impact Fee. and shall have 25% of %be applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance, f, Water Impact Construction which meets the criteria set ~orth ~ Subsections B add C Of Section 3.04 Constructed by an A~encv of Collier county or by an Independent Governmental Agency pursuant to an interlocal aureement with Collier County and which ~oDstruction .is 100~ government funded shall have 100~ 9~ the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. -1.3- Words underlin~d are added; words et-z~ck thr~%~gh are deleted. I I I ~QTE:- An Amendment to. the ADDendix shall require a DubliG hearin~ of the Board of County Com~issioners occurring __ after 5:00 D,m. SECTIONi T]IREE~.~CO~EFLICT A~D SEVERABILITY In the. event this Ordinance conflicts with any other ordi~=e=gf. Collier..CouBty~=%o%her. applicable law,.~ the more restrtcti~shallLapply. 'I~'-any phrase or portion of this ordin~c_~s~hgl~in~a~d~dunconstitutional_b~ any =ourt of competen%7:~ris~i.ction';j, such portion shall be deemed a .~ep~At.e, _dis~i~nd_~ndeBenden%..prouision=and-.suck holding ~ll_~.a~fe~Rthe~=~alidit~_of._the re~ining~ portion. SECTION FO~ EFFECTIVE DATE ~.~> .... 5_K'.ih~_" ~k .5.~2~'=:~..'~p' _.. This Ordinance shall become effective ugon rece~gt of notice from;=~eLS~C~_t~;_o.[[$~at~, tha~.~hi%.Ordinanc~ has been filed wit~he;~$.ec[e~ar~r3f;~t.at~; ,'t~ '" .... ."1.-~.5 3 ........ . '- :..~..'- ~ .' .. PASSED ~D D~Y ADOPTED by the Board of County ~.__:.,. i ...__._ '~..._.-.L .... ~..~ ' ' . ............................. ,~s~ :..':'" ..... -.._: ..... h_ . ': h ............... -- ." ~ '.' ".~ .' ....... ~F COLLI~ CO~TY, F~RIDA · .. ~ . ...<. . . ..', ' ..... ' Approved as~'~o fo~ and legal sufficiency: ~1~ o~1~ ~1~ w~ ~ ~ ock~o~,.~,~I ,~t fllin~ceiyed thl~y ~:lchard D. h -14 - Words underlined are added; words ...... ~" ~_A...,~vugq% 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. 92-95 which was adopted by the B6ard 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 d~y of-December, 1992. JAMES C. GILES Clerk of Courts and Clerk . ' ' ..:. '. Ex-off~cio to Board of County Commissioners;,'.,.' '.. ..,~-~.. ~ Deputy Clerk .:," , .'.:.~ · '' ' ~'i~l'~ ' '° ,, /.. .~. ~,." · .'~.: 107