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Ordinance 92-098~ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-71, AS AMENDED BY ORDINANCE 92-30, RELATING TO THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEE ORDINANCE; PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO USE OF MONIES; PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE HOUSING; PROVIDING FOR MODIFICATION TO APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on August 7, 1991, enacted Collier County ordinance No. 91-71, establishing an Emergency Medical Services System Impact Fee Ordinance; and WHEREAS, The Board of County Commissioners of Collier County on May 6, 1992 enacted ordinance No. 92-30 which amended Collier County Ordinance No. 91-71; WHEREAS, the Board of County Commissioners of Collier County desires to further amend the Ordinance in certain respects. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE~ Amendment to Section 2.03 of Collier County Ordinance No. 91-71, as a~ended Section 2.03 of Collier County Ordinance No. 91-71 is hereby amended as follows: Section 2.03. Use of Monies a. The Board hereby establishes a separate trust account for the Emergency Medical Services System Impact Fees, to be designated as the "Emergency Medical Services System Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. Ail such Emergency Medical Services System Impact Fees shall be deposited into such trust account immediately upon receipt. b. The monies deposited into the Emergency Medical Services System Impact Fee trust account shall be used solely for the purpose of providing growth necessitated construction 059 140 -1- Words underlined are added; words ~truck through are deleted. improvements and additions to the Emergency Medical Services System including, but not limited to: (1) Design or construction plan preparation; (2) Permitting and fees; (3) Land acquisition including any costs of acquisition or condemnation; (4) Construction and design of Emergency Medical Services buildings, facilities or improvements and additions thereto; (5) Design and construction of drainage facilities required by the construction of Emergency Medical Services buildings, facilities or improvements and additions thereto; (6) Relocating utilities required by the con- struction of Emergency Medical Services buildings, facilities or improvements and additions thereto; (7) Landscaping, incident to or necessitated by the expansion of the Emergency Medical Services System buildings, facilities or improvements and additions thereto; (8) Construction management or inspection; (9) surveying, soils and material testing; (10) Acquisition of apparatus or equipment necessary to expand the Emergency Medical Services System; (11} Repayment of monies transferred or borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance which were used to fund construction, acquisition of improvements and additions to the Emergency Medical Services 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 Emergency Medical 05§ 141 Words underlined are added; words struck ~hr~ugh are deleted. Services System; and (13) Reimbursement of Emergency Medical Services System Impact Fees due an Applicant pursuant to Section 3.06. (14) To the extent provided bY law, reimbursement of costs incurred in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County. c. Funds on deposit in the Emergency Medical Services System Impact Fee trust account shall not be used for any expenditure that would be classified as a maintenance or repair expense. d. The monies deposited into the Emergency Medical Services System Impact Fee trust account shall be used solely to provide improvements and additions to the Emergency Medical Services System required by growth generated by Emergency Medical Services Impact Construction as identified in the Impact Fee Study. e. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. Ail income derived from such investments shall be deposited in the Emergency Medical Services System Impact Fee trust account and used as provided herein. f. The Emergency Medical Services System Impact Fee collected pursuant to this Ordinance shall 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 which such fee was paid. Refunds due under these circumstances 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 -3- 05'9 142 Words underlined are added; words =truck through are deleted. immediately following the sixth anniversary of the date of the payment of the Emergency Medical Services System Impact Fee. (2) The petition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall contain: (a) A 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; (c) A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments reflect the exact names of all current legal owners; a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the County; (d) A copy of the most recent ad valorem tax bill. (3) Within ninety (90) days from the date of receipt of a petition for refund, the County Manager 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. g. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the ,00 050 A 14 Words underlined are added; words ~truch thrcu~ are deleted. County shall be entitled to retain and apply the impact fees for growth necessitated capital improvements and additions to the Emergency Medical Services System. SECTION TWO= Amendment to Section 3.05 of Collier County ordinance No. 91-71, al amended Section 3.05 is hereby amended to read as follows: Section 3.05. Affordable Housing ~ Medical~ .... ~ 6yotcm =~,.~.~ ..... Fca e~y new, Emcrgoncy Me~ Scrvicco ~=yet-em Impact Conotruction 'which qualificu ee contain thc follc'~ing: ...... ·, .......... ~ ~,,z %e~me~ ~cotriction~ ~..c ~ cuboidy t approval for ~ .......... ~-~ .... '~ ............ e~ t-he Words ~tnderlined are added; words ~ .--.rucA through are deleted, ~meTge~ey Medical Scr':ioco ~ ~ Construction ............. ~v~ r~n~- and ~ ~cdi=~l ~crvicc= ~ ~ Fcc for ~.,= ~ ~ =hall file '~ith %ho ~ ~ ~ '-' ~ ~ sc!ling price ~ '~- Emcrganoy Words underlined are added; words orr'ack through are deleted. Thc ~ e4~ ~ Ccn=tructicn. ppl i Conotruction ~ ~ =hall Ordinance. ~ical ~arvicas Words underlined are added; words='.ruc~u ~u~,,~v.~,.~ are deleted. ~ 'will ~e e~-f~=e4 ~ rent, thc Applicant may ~ (1/7) ~ ~ ~ ~ Scrvicc; (5] .... ~ annual ~ may ~ rcccivcd ~ c;.aD.is.,c~ shall 'Jaivc ~ 'pp~--n~,s (7) Thc ~ ~ thc ~mcrgcncy Mcdi=at Authcrlnatlcn ~ ~ and prcpe~ ~ indicating thc salcs price ~ ~ total ~ ~ -crviccs ....... ~ Fcc= (]59 147 Words underlined are added; words ~ are deleted. =~n~ Application for ~ '-~ ...... ..~ ~ ~..~ .... ~-~, ~ y=ar: ~ ~ ~ ........ ~ ~ Building ............ - provisions ~ ~ ..... ~ Mcdical Servicco gy=tcn ~ ~cns.ruc~ion pro]cct~ .... ~ ...... ~-- ~ -~- Affordable ~ ~ ~cnz~ruc~ion prcJcc~ which =- - purpc:= ~ ~ eligibility for ~ Impact ~ ~ Authorlzaticn for ~ all ~ which required ~ ~ ~ ~ e tenant ~ e ccnditicn ~ residing .......... ~-- pr=Jest "~-~ ~ ~ ~ Fcc Exc=ption ~ioh wa: cxcm-~c~ ~ ~.-- rcinburccd. .o, 148 --9~ Words underlined are added; words otrusk throug~ are deleted, m, Pursuant to the ~idelines established in thi~ Section,. the County shall fl~ waive or (2) defer, as applicable, the Da~ent of the ~er~encv Medical Services System Impact Fee for any new o~er-occumied or rental ~er~encv Medical Services System Impact Construction which ~ualifies as Affordable Hou~in~ under Appendix A of this Ordinance, (1) Any person seekin~ an Affordable Housin~ waiver or deferral for DroDosed ~er~encv Medical Services Svste~ Impact Construction shall file with the County Manager an Application for Waiver or Deferral. prior to receivin~ a Buildin~ Pe~it for the Dropq~e~ ~er~encv Medical Service~ System Impact Construction. The Application for Waiver or Deferral shall contain the following: fa] The name and address of the Owner: ih) The legal description of the Residential Property UDon which the ~er~encv Medical Service~ System Impact Construction shall be construct~: (cT The income level of the O~er or i~ tho Owner is a builder, the income level of the household to which the Dwellin~ Unit will be sold or rented; (d% The number of bedrooms in each Dwellin~ Unit of the ~er~encv Medical Services System ImPact Construction. f2) If the proposed ~er~encv Medical Services Svste~ Immact Construction meets the requirements for a~ ,00 059 14 9 Words underlin~ are added; words ~ are deleted. Affordable Housin~ waiver or Deferral as set forth in this Section. then the County Manaaer shall issue an Impact Fee Waiver or Deferral. as applicable, to the Owner or ADDlicant. The Impact Fee Waiver or Deferral shall be presented in lieu of payment of the Emeraencv Medical Services System Impact Fee pursuant to Section 2.0~, b. To aualifv for an Impact Fee Waiver or Deferral. an ~wner-o~uDie~ Dwelling Unit must meet all.of the followin~ criteria: ~1) The Owner(si of the Dwellinu Unit must have a very low. low. or moderate income level as thos- terms are defined in ADDendix A and the monthlv payment to purchase the unit must be within the Affordable Housin~ Guidelines established in ADmendix ¢2~ The Owner. or if there is more than one Owner. one of the Owners. must be a first-time hom- buyer. To ~ualifv as a first-time home buyer, the Owner must not have had an ownership interest l~ their primary residence in the Dast three Years. ~3) At least seventy percent of the Owner's household income must be from ~ainful employment within Collier County, ¢4~ The Dwellin~ Unit must be the homestead of the Owner(s), ¢5) The Dwelling Unit must remain Affordabl9 Housina for fifteen years from the date a Certific~t. of Occupancy is issued for the Dwellin~ Uni~, ~. To (n~alifv for an Impact Fee Deferral a Dwellin~ Unit offere4 for rent must meet all of the followin~ criter~a~ ¢1) The household rentin~ the Dwelling Unit must h~ve a very low or low ~ncome leve% as defined in APPendix A and the amount O~ rent must be within the ,oo 059 Words ~/nderlined are added; words ~ are deleted. Affordable Housing Guidelines established in ADOendix f2~ At least seventy percent of the renting household's income must be from Gainful employment in Collier County. (3) The Dwelling Unit must be the household's permanent residence. (4) The Dwelling Unit must remain Affordable Housing for fifteen years from the date a Certificate of Occupancy is issued for the Dwel~q Unit. 4. All Impact Fees deferred for owner-o~uDied DWellinG Units at the time the Buildinq Permit was issued shall bgcome due and PaYable and shall be immediately repaid to 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 Housinq. whichever occurs first. e. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued ~h~l shall be immediately repaid to the County UPOn the sale of the Dwelling Unit. refinancing of the Dwelling Unit, the discontinuance of use of the Dwelling Unit as Affordable 'Housin~ or fifteen years from the date of issuance of the Certificate of Occupancy. whichever occur~ first, f. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a building permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is not utilized as affordable housin~ at any time during the fifteen vear period after the Certificate Occupancy is issued for the Dwelling Unit, If the Dwelling UBit i~ used as Affordable Housing for the full 15 vear period. the imDa~t fees are no longer due and the lien on the Dwellin~ Unit shall be released. ~. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an Words underlined are added; words :tru~k through are deleted. be the percentaQs set forth In APPendiX A. The ImPact Fees waived or deferred shall be a lien on the property until all recruirements under this Section have been satisfied. h. Annually the owner of the Dwelling Unit shall Provi0e to the County ManaGer an affidavit of compliance with ~h~ 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.. f. The Owner receiving an Impact Fee Waiver or Deferral shall enter into an Impact Fee AGreement with the County which Aureement shall Provide for, at a minimum, the following and shall further include such provisions deemed necessary by the County to effectuate the provisions of this Section: (1) The legal description of the Dwelling Unit, (2) Where an Impact Fee Waiver or Deferral ~ ~iven to an Owner who will be selling or rentin~ th- Dwelling Unit to a subsequent purchaser or renter, the EmerGency Medical Services SYstem Impact Construction must be sold or rented to households meeting the criteria set forth in this Section. f3) For ownsr-ocoupitd Dwsllin~ Units, th- amount of Impact Fees deferred shall be repaid to the County upon the sale, refinancin~ or discontinuance of use of the Dwelling Unit for Affordable Housinq, whichever occurs first. For rental units the Impa~t Fees dsferred shall be repaid upon sale, refinancing, the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen years from the issuance of a Certificate of Occupancy, whichever occurs first, Even thouQh the Impact Fees have been repaid to the County because the Owner sells, ref~papces o¥ discontinues the use of the Dwelling Unit foF Affordable HousinG. the Countv can reGuire the owner ,oo 059 , :152 Words underlined are added; words ~ are deleted. to utilize the Dwelling Unit for Affordable Housing for fifteen years from the ~ate the Certificate of Occupancy was issued for the Dwellina Unit. ¢4~ For own®r-occupi®d Dwelling Units where ImDact Fees h~¥~ been waived, the Dwelling Unit must be utilized for Affordable Housing for a fifteen year period after the Certificate of Occupancy is issued and if the Dwelling Unit ceases to be utilized for that DUrDOSe. the Impact Fees shall be repaid to the County. Even though the Impact Fees have been repaid to the County because the Dwelling Unit has not been utilized for AffQrdable Housina the County can re,uire the Owner to utilize the Dwelling Unit for Affordable HousinG. ¢5) The deferred and/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 requirements of the Agreement, {6~ Annually the owner of the Dwelling Uni% shall provide to the County manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty days of the anniversary date of the issu~pqe of a Certificate of Ocgupancy, ~7~ UPon satisfactory completion of the Aar~msnt ~u~smsnts. th~ Oount~ shall rscord any necessary documentation evidencing same. includin~ but not limited to. a release of li~, (8~ The A~reement shal~ be bidding upon the Qwner's successors and assigns, ¢9) The AGreement shall be recorded in th- Q~ficial Records of Collier County. J. The amount of Impact Fee waivers and deferrals ~ranted pursuant to this Section shall be limited, in tQtal, to the -14- Words underlined are added; words ~truck through are deleted. 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 year. The budgeted amount shall be set aside in a trust fund and paid into the Emergency Medical Services System Impact Fee Trust Account no later than that time when that amount is needed for a project funded by 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-occupipd Dwelling Units serving the very low and low income levels and which are constructed bY builders constructing less than five single family Dwelling Units Per Year. k. Anv changes or amendments to APDendix A or the minimum funding re~uirements adopted in this Section must occur as aq ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 P,m, 1. No Affordable Housing Waiver or Deferral shall granted for an Emergency Medical Services System Impact Construction project which consists of a Mobile ~om~, SECTION THREEs Amendment to Appendix A of Collier County Ordinance No. 91-71, as amended Appendix A is hereby amended to read as follows: m~_ f=ll=~Ing -~-~ qualify a= ~T ' D~clling ..... a ~ ¥~, .......... - .... D~clling Unit ~ ~c-rocm O~clling Unit. , .... or a ............. D~clling , .... cra D~alllng Unit. Words underlined are added; words u~ruc., through are deleted. ~cr n ~ bcdr=~m D~clllng "-'~ ~ 6~20~r~ & four ~ ~ .... ~':-~ AFFORDABLE HOUSING D~FINITIONS. BENEFIT STANDARDS. AND LIMITATIONS The followin~ set forth the applicable definitions and benefit standards for Affordable Housino dwellin~ units for the PurPose of determinin~ eli~ibilitv for Impact Fee waivers and deferrals (herein referred to as "benefits"~. I. 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 ~rea a~ determined by the Secretary of the U.S. Department of Housin~ and Urban Development (area median income). b% 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 dwellin~ unit to be determined to be affordable, the monthly rent or monthly mortgage payment, includin~ property taxes and insurance shall not be in excess of 30% of the families household income. II BENEFIT STanDARDS Affordable Housin~ owner-occupied dwellin~ units which exclusively serve very low income families and which are the owner's homestead shall have 10Q% O~ aDmlicable Impact Fee waived Dursuan~ ~O the terms of the Impact Fee Ordinance. Affordable Mousin~ rental dwellin~ units which exclusivelY.serve very low income families shall have 100% of the applicable Impact Fee deferred DursuaD~ the terms of the Impact Fee Ordinance. Affordable Housin~ owner-occupied dwellin~ units wh~b exclusively serve low-income families and which the owner's homestead shall have 50% of the applicable Impact Fees waived ~Dd have 50% of the Impact Fee deferred pursuant to the terms of the ImD~t Fee Ordinance. d) Affordable Housin~ rental dwellin~ units which exclusively serve low income families shall DaY 50~ of the applicable Impact Fee. and shall have 50% applicable Impact Fee deferred, pursuant tO the t~rms Q~ the Impact Fee Ordinance. Affordable Housin~ owner-occupied dwelli~ units which exclusively serve moderate income families and which are the owner's homestead shall be required to DaY 75% Qf the applicable Impact Fee. and shall have 25% of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance, 05§ , :155 Words underlined are added; words ~truck t.hrcu~h are deleted. f. Emerosncv Medical Services System Impact Construction which meets the criteria set forth in Subsections b and c of Section 3.05 constructed by an AGencY of Collier County or by an Independent Governmental AGencY pursuant to an interlocal a~reement with Collier County and which construction is 100% government 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 ADDendi× shall reGuire a public hearing of the Board of County Commissioners occurring after 5:00 D.m. SECTION FOURz 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 shall not affect the validity of the remaining portions thereof. SECTION FIFEs 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 ~~°f C°llier C°unty' Fl°rida' this //~ day °f. , 1992. 'ATTEST: .~ BOARD OF COUNTY COMMISSIONERS ~P~roved as ,t~ form and Chairman~ ~j Richard D. Y~vanovich _S~cret, qry of ~gte's Qffi.~glh~ Assistant County Attorney a.n? ocknow!edge.m_ent_o[, that Words underlined are added; words atruck thraugh are deleted. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 92-98 which was adopted by the Board of County Commissioners on the 16th day of December, 1992, durtng Special Session. WITNESS my hand and the official seal of the Board of Coun%y Commiss~oners 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 ~" . .. Deputy Clerk ' ! ~'. Th1~ ordlnonce f;led wHh the ~reta~ of State's Office ~ day of and ~wfedgement of that filing r~elv~ ~ls ~.doy of