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Ordinance 92-096 ORDINANCE NO. 92- ~ c. A~N'-'ORDINANCE ~d4ENDING COLLIER COUNTY OR/)INARCE ASi ': E DED BY COLLIER CO TY ORDINANCE NO. ~%~%~ RE~ATING TO THE COLLIER COUNTY LIBR3%RY SYSTEM I.M~ACT ~%~ F~E ORDINANCE' PROVIDING FOR MODIFICATION ~ROVISIONS RELATING TO USE OF MONIES; PROVIDING-~OR .... ~MODIFICATION OF PROVISIONS RELATING TO AFFORD~BLE ~~t/> HOUSING; PROVIDING FOR MODIFICATION TO APPENDIX~A; PROVIDING FOR CONFLICT AND SEVERABILITY; 5~ND PROVIDING AN EFFECTIVE DATE. WHERF2%S, the Board of County Commissioners of Collier County on December 13, 1988, enacted Collier County ordinance No. 88-97, establishing a Library System Impact Fee ordinance; and WHEREAS, the Board of County Commissioners of Collier County on January 21, 1991 enacted Collier County ordinance No. 91-11 which amended Collier County Ordinance No. 88-97, and WHEREAS, the Board of County Commissioners of Collier County desires to update the ordinance in certain respects. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COP[MISSIONERS OF COI~LIER COUNTY, FLORIDA, that: SECTION ONE~ ~%mendment to ~ection Z.03 of Collier County or4inance No. 88-97, as Section 2.03 is hereby amended to read as follows: Section 2.03. Use of Monies A. The Board hereby establishes a separate trust account for the Library System Impact Fees, to be designated as the "Library System Impact Fee Trust Account" and 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 Library System Impact Fee Trust Account shall be used solely for the purpose of providing growth necessitated capital improvements and additions to the County Library System, including, but not limited to: 1. design and construction plan preparation; 2. permitting and fees; 108 -1- Words underlined are added; words otruck through are deleted. 3. land acquisition including any costs of acquisition or condemnation; 4. construction and design of Library System buildings, facilities or improvements and additions thereto; 5. design and construction of drainage facilities required by the construction of Library System buildings, facilities or improvements and additions thereto; 6. relocating utilities required by the construction of Library System buildings, facilities or improvements and additions thereto; 7. landscaping; 8. construction management and inspection; 9. surveying, soils and material testing; 10. acquisition of Collection Items, furniture, shelving and other capital equipment of the County Library System; 11. repayment of monies borrowed from any budgetary fund of the County, subsequent to the adoption of this Ordinance, which were used to fund growth impacted improvements and additions to the County Library System 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 County Library System; and 13. reimbursement of excess Developer Contribution Credit pursuant to Section 3.06.G or Impact Fees paid on Affordable Housing pursuant to Section 3.04. 14. To the extent provided by law. reimbur~men~ or refund of co,ts i~curre4 by the CQuntv in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 add any amendments or sqpplements pursuant to section 059 109 Nords underlined are added; words ~t~uck through are deleted. 3.08. and any other administrative costs incurred by th~ ~Quntv. Funds on deposit in the Library System Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. C. The me~ye Ngnies deposited into the Library System Impact Fee Trust Account shall be used solely to provide improvements and additions to the County Library System required by growth as projected in the Impact Fee Study. D. kny funds on deposit which are not immediately necessary for expenditure shall be invest-d by the County. All income derived from such investments shall be deposited in the Library System Impact Fee Trust Account and used as provided herein. E. The Impact Fee collected pursuant to this Ordinance ~3hall be returned to the then current Owner of the property on behalf of 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 ~;hich such fees were paid. Refunds shall be made only in accordance with the following procedure: 1. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the end of the fiscal year in which the date of the sixth anniversary of the date of the payment of the Library System Impact Fee. 2. The petition for refund shall be submitted to the Library Director and shall contain: (a) A notarized sworn statement that the petitioner is the then current Owner of the property on behalf of 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; Words ~derlined are added; words ~tru~k thr~ug½ are deleted. (c) A certified coy of the latest recorded deed; andy (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 Library 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 the 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. SECTION TWO~ Amendment to Section 3.04 of Collier County Ordinance No. 88-97, as amended Section 3.04 is hereby amended to read as follows: Section 3.04. Affordable Housing ~.4~e ~ ~ ~ ~ Library ~]ircot ~ ~ =uboidy from thc 'Jnitcd Statcc~ ~ ~ ~u .... z program ~ ~ e~ ~ County ~ ~ asoiot .... z . croon ~ccking ~ Affordablc ..... ~ .... Llbrary ....... ~ ~ons ~ruc.ion =hall ~i~c ~ thc County ~ ~ Application ~or ~ prior ~ .... ~"~ ..... ~-- ~ ~ ~ ~ Library ~ ~9act Construction. The Appli- Words underlined are added; words~ruc,;* ' through are deleted. ~ ........ thc gcvcrnmcntal grant Sy=tcn Impact C=nstr'action ~ ~ th~n {~ ~ ~ill ~aliflcs as Affo~dablc Housing. ~ ~ ........ ~ . ~.~ .... Library Systcm Impaot Cc ........ ~-- =Thc Application ~nt~in thc '-~ ~-''~ 059 , 112 Words underlined are added; words ~~ are deleted. ~..~=prop=~cd ~ ~ ~ th~ Library Cystcm ~:~='~Id)--:~:-~:'~-..'~-~hich thc Libr:ry ~"-~-' Impac="Ccnstructi=n %'ill ~ --who h~'~.'r~o~iv~d '~ '. ~~ ~ -~-'~.,~,,~ pay ~,,~ '~i~rar"~ ~ Cy~tcm ~ Fcc · '- ...... ~-' '~: ~. Library ~ ~ Construction ~ ~-~ Library ~ Impact ~ ~ prcscnting Indloatin] thc astual selling ~ ~ ~e Library ~ ~ Construction ~ ~ ......... u ...... Such thc Library ~ Impact ~onc~ruc~ion. ~ailu~ ~ ~ ~ e ~aivc~ ~ ~- rig~ ~ rcimburscmcnt. rcvic%'ing ~ ~,,c 4ocumcntation providcd ~ ~ th: ~ fo= ~ Affordable ~usi~ ~ ti fi un%y imb Words underlined are added; words ctruck through are deleted, c:icnd:r ~ Fail'arc ~ ~ cu~ · ~ithin thc ~ rcTaircd chall ~ ~ ~ ~ ~ thc and ~ that thc ~ ~ ~ Affcrdabl= ......... ~ '' "~ -~ ~ Library .cc paid. .............. ": ~cm Imp=ct 6. SUCh ~ ~ ~ ~ ~ any ycar ~ thc failure ~ provide ................. a ........ ~ ~ men rcntat ~ pcr ~ c:tabllshcd =hall ~aiva thc Appllcant'u =ight ~. ~ .... ~nty ":~:- thirty days ~ Library ~ Impact t= Sccticn 2.01. ,0o 059P,.114 Words underlined are added; words e~P~--~u~ are deleted. ~'~ a Library *~ ~ Constr'u~tion ~:uch ' .' _nust,~tLnuc. fo= ~--cr.=-~ ~ ~ ~ =cron'. year= from ~ ~- ~ ~ ~ ~ ~ monthly =cn~a ,~ Auth=rizatlon- for ~ all ~ ~- arc ~ ~ ~ ~ ~ e ~cnan~ ~ a ccn~i~ion ,much ~Jclling Unit =hall bc includcd. · ~ ~ ......... ;hall .... ' .... ~- ~ .,cc ~rus ..... ~ ~ .... Library ................ ~ ........ a Library Systcm .... ~ ~ ~ "~- has bach dcni~ ................... Words underlined are added; words struck through are deleted. A. Pursuan~ tO %he Guidelines established in this Section. the County shall (1~ waive or ¢2% defer, as ~Dplicable. the Da~,~ent of the Library System Impact Fee for :~nv new owner-occupied or rental Library System Impact Construction which ~ualifies as Affordable Housing under ADDendix A of this Ordinance. (1) Any person seeking an Affordable Housing waiver or deferral for DroDosed Library Svs%em Impact Construction shall file with %h9 ~ountv Ma~gDr ~L APplication for Waiver or Deferral. prior to receiving a Building Pez-mit for the DrODOsed Library System ImDac% ~QD$%r~tion. The h~Dlicat'ion for Waiver or Deferral shall contain the followinG: Ca~ The name and address of the Owner: ~) The legal description of the Residential ProDertv uDon which the Librarv System Impact Construction shall be constructed; (c) The income level of the Owner or if the O~rn~r 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 Dwellin~ Unit of the Library System Impact Construction, (2~ If the DroDosed Library System Impact ~onstruction meets the reGuirements for an Affordable ~ousinG Waiver or Deferral as set forth in this Section, then the County ManaGer shall issue an Impact Fee Waiver oF Deferral. as applicable, to the Owner or APPlicant. The Impact Fee Waiver or Deferral shall be presented in lieu of payment of the Library System Impact Fee Dursuan~ to Section 2.02. ~. To ~ualifv for an Impact Fee Waiver or De~rral. an o~er-occu~ied Dwellinq Unit must meet all of the ~ollowin~ criteria: Words ~ are added; words e~~ are deleted. (1) The Ownerfs~ of the Dwelling Unit must hav~ averv low. low. or moderate income level as thos~ terms are defined in ADDendi× A and th,~ monthly payment to purchase the unit must be within the Affordable Housing Guidelines established in ADDendix f2) The Owner. or if there is more than one Owner. one of the Owners. must be a first-time home buyer. To ~ualify ~ a first-time home buyer, the Owner must not have had an ownership interest in their ~rimarv residence in the Dast three years. ¢3~ At least seventy percent of %he Owner's household income must be from Gainful employment within Collier countv, ¢4~ The Dwelling Unit must be the homestead of the OwnerCs~. ~5~ The Dwelling Unit must remain Affordable Housing for fifteen years from the date a Certificate of Occupancy is issued for the Dwellin~ Unit. ¢, To ~ualifv for an Impact Fee Deferral a Dwelling U~t O~fere4 for rent must meet all of the following criteria: (ii The household renting the Dwelling Unit must have a very low or low income level as defined in APpendix A and the amount Qf rent must be withlB th~ Affordable Housing Guidelines established in ADDe~dix (2~ At least seventy percent of the renting household's income must be from Gainfu% employment in Collier County. (3~ The Dwelling Unit ~ust be the bouseho~d'~ permanent residence. ~4} The Dwellin~ Unit must remain Affordable Hou~in~ for fifteen years from the date a certificate Q~ Occupancy is issued ~or the Dwell~nq Unit, Nords underlined are added; words ~truck thr~jh are deleted. D, Ail Impact Fees deferred for owner-occuDied_Dwellin~ Units at the time the Buildin~ Permit was issued shall become due and PaYable and shall be immediately repaid to the_CountY uDQn the sale of the Dwellin~ Unit. the refinancing o~ the .~wellin~ Unit, or the discontinuance of use of the Dwellin~ ~it as Affordable Housing. whichever occurs first, E, The Impact Fees deferred for rental Dwellin~ Units at ~the ~ime the Buildin~ Permit was issued shall become due and .shall be immediately repaid to the County upon the sale of the Dwelling unit, refinancin~ of the Dwellin~ Unit. the ~iscontinuance of use of the Dwellin~ Unit as Affordable Housing or fifteen years from the date of issuance of the Certificate of OccupancY, whichever occurs first, F, AnY Impact Fees waived for an owner-occupied Dwelling ~nit at the time a buildin~ permit was issued shall become due ,and D~yable and shall be immediately repaid to the County if the Dwellin~ Unit is not utilized as affordable housing at any time durin~ the fifteen year period after the Certificate of O¢GuDancv is issued for the Dwelling Unit, If the Dwellin~ ~nit is used as Affordable Housin~ for the full 15 vear period, the impact fees are no longer due and the lien on the Dwellin~ Unit shall be r~leased, ~, The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housin~ D~ellin~ Unit shall Oe th~ percentage set forth in ADDendix A, The ImPact Fees waived or deferred shall be a lien on the property until all requirements under this S~ction have been satisfied, ~, Annually the owner of the Dwellin~ Unit shall provide .to the County Manager an affidavit of compliance with the .~riteria set forth in this section. An affidavit must be filed 7ithin thirty days of the anniversarv date of the issuance o~ a ~Tertificate of 0ccuDancv. 059 -il- Words underlined are added; words c, truck through are deleted. I. The Owner receivinq an Impact Fee Waiver or Deferral .shall enter into an Impact Fee AGreement with the Co~ntv which AGreement shall ~rovide for. at a minimum, the followin~ and ~shall. further include such provisions deemed necessary by the Count~,to effectuate th~ ~rovisions of this Section: .~._'~.__:~%..~;'.,~%...~¢1~- The legal description of the Dwelling unit. .1.' ..... %~¢2%~.Wh~re an Impact Fee Waiver or Deferral is · <.;:[ '.~n~ ~ri~e~'to ~ Owner wh~ will be sellinq or rentin~ the ;:~,k~_~ ~el~li~.Uni~-to a subsequent ~urchaser or renter, the · ~,_~%~!,A. I~brar~:S~stem-Im~act Construction must be sold or ~.~oL:..~:~.rented~t~'hou~eholds meetin~ the criteria'set forth in ?' ..... ~3= [3~"'For"o~er-o~Dimd'~ellin~ Units, the · amou~,of. ImDact..Fe~ defsrred,'~'shal.l' be. repaid to the .'~' ~' .County UDOn the sale refinancin~ or discontinuance of ~:....=_=~_~.=use of the. Dwelling. Unit for Affordable Housin~ . ..~ .....,~._ whichever occurs first. For rental units the Impact ...~-,. F~es deferre~ shall be repaid UDOn sale, refinancing, ''.-'~5,.., the discontinuance of use'of the Dwellin~ Unit as ......... Affordable Housin~ or fifteen years from the issuance of a Certificate of OCCUDa~CV, whichever occurs first. ~en though the Impact Fees have been repaid to the County because the O~er sells, refinances or discontinues the use 0f the Dwellin~ Unit for Affordable Housing, the County can require th~ 0w~er to utilize the Dwellin~ Unit for Affordable Housin~ Sot fifteen years from the date the certificate Og QccuDancv was issued for the Dwellin~ Unit. (4] For owner-Occupied Dwelllnq Units where I~Dact Fees have been waived, the Dwell~nq U~it must be utilized for Affordable Housin~ for a fifteen year period after the Certificate of Occupancy is issued ~d if the Dwellin~ Unit ceases to be utilized for that DurDos~. the Impact Fees shall be repaid to th~ -12- Word~ u~erlined ar~ added; ~ords ~ru~k ~hr~ are deleted. _ County. .Even,.thouah the Impact Fees have b~en repaid ...... ;.L.~o.the County because the Dwellin~ Unit has not been · '.%~_~-,A~'i~ut{.lize~"'forAffordable Housin~ the County can reauire ./~'...._.....2~-the. Owner~o utllize~the, Dwellin~ Unit'for Affordable .f5L_The_.d.f~rrR~and/or. waived, Impact Fees shall be a ~en on~the;DroD~=tv which' lien may, be foreclosed ~~~nt of~n~.comuliance with the ~ ~e~uir~m~nts'.of:the~Aure~ment.: U3'._5 _ l .... i : ...... ~'f6%=.'-'Annual~v:.the. o~er. or.the Dwellin~ Unit mhall~urovide~to~the Gguntv mana~er~an affidavit of compliance with ~he ~riteria set forth in this ~,~ction. ~:aff~dav~t~mUst' b~vfiled'within thirty ~a~s~.~the~nn~v~s~e~ or, the. issuan~ce of' a .... Certificat~ of Occupancy ........... . ..-.' ' ........ f7) Uuon.~atis~tory gomD19tion 9f the.. Agreement retirements, the County shall record anv ~cessa~ documentation evidencin~ same. including. but not'limited to 'a release of lien. '.'.'. iS) The A~reement shall be binding Og the ~er's successors and assigns, ._ {9) The A~reement shall be recorded iD the Official Records of Collier County. _ J, The amount of Impact Fee waivers a~d deferrals ~ranted ~ursuant to this Section shall be limited, in total, to the ~mount appropriated bv the Board of County Commissioners at ~hetr final Public hearin~ re~ardin~ the adoption of the an~ua~ ~ountv budget. Impact Fee waivers and deferrals pursuant to ~hi$ Section shall be~in in the 199~-94 fisca~ year, Th~ ~u4qeted amount shall be set aside in a trust fudd add pa~d into the Library Syste~ I~pact Feg Trust ~ccount nQ ~ater thag ~hat time when that amouDt Is ~eeded for a project ~unded by ~bQse impact ~ees waived or de(erred. Waivers and defe~ra~ ~hall be issued in the order that completed aPPlications are 059 120 -13- Words underlined are added; words ~t~uck throu~ are deleted. ~eceived by the County ManaGer. At least forty percent of the Amount budgeted for impact les waivers and;or deferrsls must be ~tilized to fund impact fee waivers and;or deferrals f~r single ~amilv owner-occupied Dwelling Units serving the very low and ~ow income levels and which are constructed by builders ~onstructinG less than five single family Dwelling units per ~ear. ~,_ Any changes or amendments to Appendix A or the minimum funding requirements adopted in this Section must occur ~s an ordinance amendment at a public hearing of the Board of County ~Q~issioners occurring after 5:00 p.m. L. No Affordable Housina Waiver or Deferral shall be /r, anted for an Library System Impact Construction project which p~onsists of a Mobile Home. SUCTION THREE~ Amendment to Appendix A of Collier County ordinance No. 88-97, as amended Appendix A is hereby amended to read as follows: ~PENDIX A AFFORDABL~ HOUSING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS following set forth the applicable definitions and benefit ~_~.afldards for Affordable Housing dwelling units for the PUrPOSe -14- Words underlined are added~ words~ruc0.~ ~ thrcu~q~ are deleted. determinin~ eligibility for Impact Fee waivers and deferrals ~lerein referred to as -benefits"~L DEFINITIONS OF AFFORDABLE 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 Housin~ and Urban Development {area median income~. bi Low income families means 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 60% and do not exceed 80% of the area median income. For a dwellinc unit to be determined to be affordable, the ~>nthlv rent or monthly mortqace payment, includinc property ~axe8 and insurance shall not be in excess of 30% of the ~milies household income. BENEFIT STANDARDS Affordable Housing owner-occupied dwellinc units which exclusively serve very low income families and which ~re the owner's homestead shall have 100% of the ~licable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. Affordable Housin~ rental dwellin~ units which exclusively serve very low income families shall have 100% of the applicable Impact Fee deferred pursuant to the terms of the Impact. Fee Ordinance, Affordable Housin~ owner-occupied dwellin~ units which 9xclusivel¥ serve low-income families and which are the owner's homestead shall have ~0% of the applicable Impact Fees waived and have 50% of the a~plicable Impact Fee deferred pursuant to the terms of the ImDa~ Fee Ordinance. Affordable Housin~ rental dwellin~ units which exclusively serve low income families shall DaV 50% of the applicable Impact Fee, and shall have 50% of the applicable ImPact Fee deferred, pursuant to the ~erms of the Impact Fee ordinance. el Affordable Housinc owner-occupied dwellinc units which exclusively serve moderate income families and which are ~he owner's homestead shall be recuired to DaY 75% Of the applicable Impact Fee, and shall have 25% of the aPPlicable Impact Fee deferred pursuant to the terms of the Impact Fee ordinance. Library SYstem Impact Construction which meets the criteria set forth in Subsections B and C o~ S~ctioD 3,04 Constructed bv an Acencv of Collier county or by an I~dependeDt Governmental Agency pursuant to aD lnterlocal a~reement with Collier County and which construction is ~00% covernment funded shall have ~00~ ~f the Impact Fees for that construction waived, pursuant to tb~ terms of the Impact Fee Ordinance. Wc.rds underline~ are added; words :truck thrcug~ are deleted. NOTE: An Amendment to the Appendix shall reauire a public hearina of the Board Qf County Commissioners occurrin~ after 5:Q0 D.m, SECTION FO~ Conflict and 8mvmrabilit~ 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 thereof. SE~ION FI~: ~ffeotive Date This Ordinance shall become effective upon receipt of acknowled~ent from the Secreta~ of State that this ordinance has been filed with the Secretary of State. PASSED ~D D~Y ~O~ED by the Board of County Co~issioners of Collier County, Florida, this /~ day of .~EST:.' ' ' c//.. BO~ OF CO~TY CO~ISSIONERS f JINXES CV~.~IL~{ Clerk CO~IER CO~TY,~F~RIDA ... Approved as to fo~ and legal sufficiency: Secre~ of S~e's Office the Richard D. ch ~of~~ Assistant County Attorney a~ ock~w edge~ent o[ that fili~received t~ ~a- -16- Words underline~ are added; words .--.ruc,: 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, Flor'ida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-96 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 County Commissioners ..'.- (~y: /s/Maureen Kenyon x Deputy Clerk ~".. '.. .%.~"; .' .,,~ "'..' /:1'.%