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Ordinance 92-097 3~; 5,... ORDINANCE NO. 92- 9.7 ~ ~ ~ o~IN~cE WENDING COLLIER CO~TY ORDIN~CS ,,-~, 'L~"~ AS'WENDED BY O~IN~CE NO. ,~-39 ~D ORDIN~CZ ~. ~ ~q::~', RECR~TIONAL FACILITIES IMPA~ FEE ORDINal; ~ %' ~' PROVIDING FOR MODIFICATION OF PROVISIONS RE~TING TO ~z~ e A~FO~ABLE HOUSING; PROVIDING FOR MODIFICATION TO ~d-. ~PENDIX I; PROVIDING FOR CONFLICT ~D S~E~BILITY;' ~~-~D PROV~D~ ~ E~F~C~VS ~T~. ~ER~S, the Board of County Co~issioners of Collier County on Dece~er 13, 1988 enacted Collier County ordinance No. 88-96, establishing a Parks and Recreational Facilities Impact Fee ordinance; and ~S, the'Board"of County Co~issioners of Collier C0~n~'"on"May 22, ~99~, enacted Collier County Ordinance No. 91-39, amending Ordinance.No. 88-96; and ~S, the Board of County Co~issioners of Collier County on May 6, ~992, enacted Collier County Ordinance No. 92-29, amending Ordinance No. 88-96; and ~S, the Board of County co~issioners of Collier County desires to update the Ordinance in certain respects. NOW, TH~FORE, BE IT O~AINED BY THE BO~ OF CO~TY CO~ISSION~S OF CO~I~ CO~TY, F~RIDA, that: S~XO~ ON~ ~en~ent to Section 4.05 of Collier County Ordinance No. 88-96, as amended Section 4.05 is hereby amended to read as follows: Section 4.05 Affordable Housing dircc~ grcnt ~ ouhsidy from ~ Unitcd Ctctcs, ~ ~ ~ 'J.b~., ~ ~ from any ~ircc~ grant ...... = ~.~ .... ~ ~ "~- ~ County cr~ ~ assist ~ ~ Words uqderlined are added; words utruck through are deleted. Application ~ ~ ~ ~ raccivin~ a Buildin~ Pr~pcrty upon ~ tka Park~ ~ Rccrcaticnal iii ~ ~..~ . ~ Facilitic: ~ .......... ~a~c ~ ~,,c prcpo~c~ ..... c o~crc~ for rcnt; and ~:cilitic~ C:n~truction ~ thc .~r~ ~ ~ .... ~ ~ ~ ~ ~ any -~- ~oo~ 05'9 ~,~[ 126 Words underlined are added; words:~ruc,.~ through are deleted. '~ill ~e ~ ~ ~ fo= a~ ame~ 'which g~.li.'ia= ~acilitics ~ Construction. Thc Application ~ Facilitic= ~o% Construction 'will Recreational Facilitic= ................ ~ .... c~nt:in. '~- C=unty ~ .... ~ ~ ..... ~ Authcrization ~ ~ ~ Applicant ~-- ~ ........ ~ n--~- Auth=risation fo= ~~ ~.. pay ~ ~ ~ords underlined are added; words~ruc,.~ ~ thr=ugh are deleted. cbtain a ~ ~ .... ~- and ~ uhall ~ ~ ~ 'waiver ~ .....---- - ~- Appli ...........~'-~:-- ~ ~cc ~ prc~cnting ~ ~ County ~ Auth=ri:ati=n f=r ~ ~ ~ -a~ ~ calcnda~ yea=, ~ ~ th&% portion ..... ~'- shall reimburse ~ ~ Applic~ ~ amoun% onc-ocvcnth (i/7} ~ thc Regional Park ~ Words underlined are added; words ~truck thr~u~ are deleted. ~-~4~v.-..~,r,y. year . e~ th= failure %e .... ' . ~ha~_tho. t-ot~l ~ fontal rcoeivcd ~-~~ ~rG=:.- ~...- ~ .Pa=k=.~. and ~-~Bnoilltic: ~ Fcc: oollcctcd ~ :vail=bla ~ ~ Applicant ~ mtatcd ~ ~ Application ~~ ~ ~ ~ ~ Houmlng Excmpti=n ~ ~crcational Faciliticu Imp~c% Conotruction ~ ~:id ~ ~ ~ ~ rc~trictcd ~ ~ amount .~- e'~ oontaincd ~ Appcndix ~ and that the rcstrlction e~tinuc ~ e period ~ ~vcn ycars ~ thc ~ ~ilding ~ ouch rcstricticns must ~ ~ntaincd within ..... Faciliticn ~:nstruction, ~ ~ thc provisions ~ ~ contrac~ ~:~ ~ctwccn ~--,c~..~z~ .... ~,,~ ~ ~.,e Applicant ~ ~e~,. Words underlined are added; words ~truak through are deleted. oe ~ for R~ ~ll ~ 'which ~cnan~ ~ ~ condition ~ residing ~~ ~:u:ing ~ ~..~ C~unty -~,,~.. pay .n~ ~ A. Pursuant to the ~idelines established in this ~ec~ion. the Countv shall (1% waive or f2~ defer, as ~DDlicable. the Da~ent of the Parks and Recreational ~acilities Impact Fee for any new owner-occupied or rental ~arks and Recreational Facilities Impact Co2$truction which ~ualifies as.Affordable Housin~ under ADDendix I Of this 9rdinance. (1) Any person seekin~ an Affordable Housi~ waiver or deferral for DrODOsed Parks and Recreational Facilities Impact Construction shall file with the County Manaq~r a2 ~pDlication for Waiver or Deferral, prior t0 receivi~q Duildin~ Pe~it for the proposed Parks a~d Recreational Words underline~ are added; words =truck thr~ are deleted. Facilities Impact Construction. The APPlication for Waiver or Deferral shall contain the followinG: iai The name and address of the Owner: (bi The legal description of the Residential Property upon which the Parks and Recreational Facilities Impact Construction shall be constructed: Cci The income level of the Owner or if the Owner is a builder, the income level of the household to which th~ Dwellinq U~it will be sg~ or rented: (dl The number of bedrooms in each Dwelling Unit of the Parks and Recreational Facilities Impact Construction. (2~ If the proposed Parks and Recre~tional Facilities 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 0wqer o~ APPlicant. The Impact Fee Waiver or Deferral shall be presented in lieu of payment of the Parks add B~Greational Facilities Impact Fee pursuant to Section 2.05, B. To ~ualifv for an Impact Fee Waiver or Deferral. an ~wnor-o¢cupied DwollinG Unit Nust meet all of the following griteria: (ii The Ownerfs) of the Dwelling Unit must have a very low. low. or moderate income level as those terms are defined in Appendix I and the monthly payment to purchase the uni~ ~ust be within the Affordable Housing Guidelines established in ApPendix ¢21 The Owner. or if there is more thaB on- Qwner, one of the Owners. must be a first-time home buyer, To Gualifv as a f~rst-time home buyer, the Owner_must ~ot have had ap ownership interest in their primary residence in the past three years, 05'9 t 131 Words ~Dderlined are added; words ~truck tkr~u~h are deleted. {3~ At least seventy percent of the Owner's household income must be from gainful employment within Collier County. 1.{~ The Dwelling Unit must be the homestead of the Owner{si. .{~% The Dwelling Unit must remain Affordable Housing for fifteen Years from the date a Certificate of Occupancy is issued for the Dwelling Unit. ~. To _~ualif¥ for an Impact Fee Deferral a Dwelling Unit Qffere~ for rent must meet all of the following criteria: .(1% The household renting the Dwelling Unit must have a very 19W 9r low income level as defined in Appendix I and the amount of rent must be within the Affordable Housing guidelines established in Appendix f2) At least seventv percent of the renting household's iP~pme ~U$% be from gainful employment in Collier County. ¢3) The Dwelling Unit must be the household's pe~-manent residepc~, ..(4) The Dwelling Unit must remain Affordable ~9using for fifteen years from the date a Certificate Of OGcupancv is issued for the Dwelling Unit, D, All Impact Fees deferred for owner-occupied Dwelling ~n~%$ at the time the Building Permit was issued shall become ~ge and payable and shall be immediately repaid to the County Upo~ 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 Dwelling un~ at the time the Building Permit was issued shall become due an~ shall be immediately repaid to the County upon the sale Q~ the Dwelling Unit, refinancing of the Dwelling Unit, the ~iscontinuance of use of the Dwelling Unit as Affordable -.- 059 , 132 Words underlined are added; words ~t~uck through are deleted. ~ousinq or fifteen Years from the date of issuance of the Certificate of OCCUDanc¥. whichever occurs first. F. AnY Imp~t Fees waived for an owner-occupied Dwellinq Unit at the time a building permit was issued shall become due and PaYable and shall be i~u~ediatelv repaid to the County if the Dwellin~ Unit is not utilized as affordable housin~ at an~ time durin~ the fifteen vear period after the Certificate of Q~uDanc¥ is issued for the Dwelling Unit. If the Dwellinq Unit is used as Affordable Housing for the ~ll 15 year period. the impact fees are no longer due and the lien on the Dwellinq Unit shall be released. G. 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~ Dwelll~q Unit shall b9 the Percentage set forth in APPendix I. The Impact Fees w~ived or deferred shall be a lien on the prQDer~¥ until all r~/irements under this Section have been satisfied. ~. Annually the owner of the Dwellin~ Unit shall Drovide tO the CoqDtv ManaGer an affidavit of compliance w.%th the criteria set forth in this Section. An affidavit must be filed within thirty days of the anniversary date of the issuance of a Certi~icate of OccuDancv. I. The Owner receivin~ an Impact Fee Waiver or Deferral shall enter into an Impact Fee AGreement with the County which Aqreement shall Provide for. at a minimum, the follow~Dq ~hall further include such Drovi~ions deemed necessary b~ the County to effectuate the provisions of this Section~ {1~ The legal description of the Dwellin~ Unit, (2) Where an Impact Fee waiver or Deferral is ~iven to an Owner who will be sellinq or rentinq the Dwellinq Unit to a subsequent purchaser or re~ter, the Parks a~d Recreational Facilities Impact construct%~ must be sold or rented to households me~%~D~ criteria set forth iD thi~ $gctioD. Words underlined are added; words ~ are deleted. ¢3) For 9wner-9~uoie4 Dwellin~ Units. the amount of Impact Fees deferre~ shall be repaid to the County upon the sale. refinancin~ or discontinuance of use of the Dwellin, Unit for Affordable Housinq0 whichever occurs first. For rental units the Impact ~ees 4eferre~ shall be repaid uDon sale. refinancinq. the discontinuance of use of the Dwellinq Unit as Affordable Housing or fifteen vg_~rs from the issuance ~f a Certificate of Occupancy. which~ye~ ~curs first. Even though the Impact Fees have beeD repaid to the County because the Owner sells, refinances or discontinues the use of the Dwelling Unit for Affordable Housing. the County can r~q~ire the Owner to utilize the Dwellinq Unit for Affordable Housin, for fifteen years from the date the C~rtificate of Occupancy was issued for the Dwellin, Unit. .(~ For owneN-0ccu~ied Dwellin, Units where Impact Fees have been waived, the Dwellin~ Uni~ be utilized for Affordable Housin, for a fifteen year Period after the Certificate of Occupancy is issue~ and if the Dwellin, Unit ceases to be utilized fo~ that DurDose. the Impact Fees shall be reDai~ to the County. Even though the Impact Fees have been repaid to the County because the Dwellin~ Unit has nQt utilized for Affordable Housin~ the County can re.uire the Owner to utilize the Dwellin~ Unit for Affordabl9 Housing. ~5~ The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed uDon in the event of non-compliance with the requirem~Dt~ of the Aqreement. {6) Annually the owner of the Dwellinq Un~i shall provide to the County manager an aff~dav~ Of compliance with the criteria set forth in this Words underlined are added; words otruck through are deleted. Section. An affidavit must be filed within thirty days of the anniversary date of the issuance of a Certificate of OccupancY, f7) UPOn satisfactorv completion of the Aareement rea~irements, th~ County shall record any necessary documentation evidencinu same. includinG, but not limited to. a release of lien, ~8~ The Aqree~nt shall Be bindi~q upon the Owner's s~9$$ors and assiq~s, {9} The AGreemeDt shall b9 recorded iD the official Records of Collier County, J. The amount of Impact Fee waivers and deferrals qranted pursuant to this Section shall be limited, in total. %9 the amount appropriated by the Board of County Commissioners at their final Public hearing reGardinG the adoption of the annual County budget. Impact Fee waivers and deferrals pursuant to this Section shall begin in the 1993-94 fiscal vear. The budgeted amount shall be set aside in a trust fund and Paid into the Parks and Recreational Facilities Impact Fee Trust Account no later than that time when that amount is neede4 a Dro4ect funded bY those impact ~ees waived or deferred, Waivers and deferrals shall be issued in the order that comD19ted applications are received by the Countv Manager. least forty percent of the amount budgeted for impact waivers and/or deferrals must be utilized to fund impact 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 ~onstructing less than single family Dwellin~ Units Der vear. K. AnY chan~es or amendments to ADDendix I or the minimum funding recuirements adopted ~n this Sectio~ must occur as ordinaB~ amendment at a public hearinq of the Board of county Commissio~ers occurrin~ after 5:00 p.m. 059 135 Words underlined are added; words ~truck t~rcu~ are deleted. ~.. No Affordable Housina waiver or Deferral shall be granted for an Parks and Recreational Facilities Impact Construction pro4ect which ~Qnsists of a Mobile Home. SECTION ~O: ;tmendment to Appendix I of Collier County Ordinance 88-96, as amended Appendix I is hereby amended to read as follows: $3~,000 for uric bedroom DL'clling Unit. $~O~O00 ' a .cur ...... $310 for a phc bcdroom D%'clling Unit. APPENDIX I AFFORDABLE HOUSING DEFINITIONS. BENEFIT STANDARDS. AND LIMITATIONS The followin~ set forth the applicable definitions and benefit standards for Affordable Housina dwellin~ units for the purpose of deterT~inin~ eligibility for Impact Fee waivers and deferrals (herein referred to as "benefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS Verv low income families means those families whose incomes do not exceed 50% of the median income for the area as determined by the Secretary of the U.S. Department of Housin~ and Urban Development (area median income1. b) Low income families means those families whose incomes are more than 50% and do not exceed 60% of the ar~ median income. c) Moderate income families mea~$ those ~am~es whose incomes are more than 60% and do not exceed 80% of the area median income. FQr ~ dwellinc unit to be determined to be affordable, the monthlv rent or monthly mortgage payment, including property %axes and insurance shall not be in excess of 30% of the ~amilies household income. 136 Words underlined are added; words ctruck thrcu~h are deleted. II BENEFIT STANDARDS Affordable Housinq Qwn~r-occupied dwelling units which exclusively serve very low income families and which are the owner's homestg~ shall have 100% of the applicable Imoact Fee w~iyed pursuant to the terms of the Impact Fee Ordinan~, Affordable Housing rental dwelling units which e×clusivelv serve very low income families shall have 100% of the applica~%~ Immact Fee deferred pursuant to the terms of the Imp~gt Fee Ordinance. Affordable Housing owner-occupied dwelling units which exclusively serve lowrincome families and which are the owner's homestead shall have 50% of the ~pplicabl_~ Impact Fees waived add have 50% of the aRplicable Impact Fee deferred pursuant tQ the terms Qf th~ Impact Fee Ordinance. Affordable Housing rental dwelling units which exclusively serve low income families shall pay 50% of the applicable Impact Fee. and shall have 50% of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance, e~ Affordable Housing owner-occupied dwelling units which exclusively serve moderate income families and which . are the owner's homestead shall be required to Day 7~ of the applicable Impact Fee. and shall have 25% of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance, f. Parks and Recreational Facilities Impact Construction which meets the criteria set forth in Subsections B and C of Section 4.Q5 gQnstructed by aD Aqe~c¥ of Collier County or bv an Independent ~overnmental A~encv pursuant to an interlocal agreement with Collier County and which construction is Government funded shall have ~00% of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordi~aDc~, NOTE: An Amendment to the Appe~di~ shall reGuire a Dubli~ hearing of the Board o~ county commissioners occurriD~ after 5:00 P.m. SZCTION T]tRE~ Conflict and Severability 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 059 -13- Words underlined are added; words ~truck through are deleted. shall not affect the validity of the remaining portions thereof. SECTION FOURs Effective Date This Ordinance shall become effective upon receipt of acknowledgment 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 ;~TTEST: ,.']'.?~. BOARD OF COUNTY COMMISSIONERS .r,.~.AMES C. GII~E~ Clerk COLLIER CO~TY, FLORIDA App~ove{a as to for~ and legal ~ufftctmflcy: R~chard D. Yo~anovich Assistant County Attorney -14- Words underlined are added; words ~ u o~ruc,, t.~.r~ug4% 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. 92-97 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 eputy Cler