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Ordinance 92-099?&. ~ .e.~%~ ORDINANCE AMENDING COLLIER COUNTY ORDINANC~ N~"' "~ .~b~2-22, AS AMENDED BY ORDINANCE NO. 92-57, RELATtRG TO:-.~ x~_~ OZ_.6~' THE COLLIER CO~TY ROAD I~ACT FEE O~I~CE; PROVIDING FOR MODIFICATION OF PROVISIONS RE~T~G TOr~ USE OF MONIES; ~ENDING SE~ION 3.01, EX~PTIONS, TO INCLUDE CO~TYWIDE CLINICAL ~D DIAGNOSTIC PATIENT C~E FACILITIES ~ICH ~E CATEGORIZED AS SE~ION 501(C) (3) C~ITABLE ORG~IZATIONS; PROVIDING FOR MODIFICATION OF PROVISIONS RE~TING TO AFFORDABLE HOUSING; PROVIDING FOR MODIFICATION TO APPENDIX C; PROVIDING FOR CONFLI~ ~D S~E~BILITY; ~D PROVIDING ~t EFFECTIVE DATE. ~ER~S, the Board of County Co~issioners of Collier County on April 16, 1992, enacted Collier County Ordinance No. 92-22, establishing a Road Impact Fee Ordinance; and ~S, the Board of County Co~issioners of Collier County on Au~st 11, 1992, enacted Collier County Ordinance No. 92-57, amending Ordinance No. 92-22; and ~S, the Board of County Co~issioners of Collier County desires to further amend the Ordinance in certain respects. NOW, ~EFO~, BE IT O~AINED BY ~E BO~ OF CO~TY CO~ISSIONERS OF COLLI~ CO~TY, F~RIDA, that: SECTION O~ ~mn~nt to Section 2.04 of Collier cowry Ordinanom No. 92-22, as ~ended Section 2.04 is hereby amended to read as follows: Section 2.04. Use of Monies A. The Board of County Co~issioners hereby establishes eight (8) separate trust accounts for the Road Impact Fees, to be designated as the "District Number i Road Impact Fee Trust Account," "District Number 2 Road Impact Fee Trust Account," "District Number 3 Road Impact Fee Trust Account," "District Number 4 Road Impact Fee Trust Account," "District Number 5 Road Impact Fee Trust Account," "District Number 6 Road Impact Fee Trust Account," "District Number 7 Road Impact Fee Trust Account," and "District Number 8 Road Impact Fee Trust Account," which accounts shall be maintained separate and apart from all other accounts of the County. Ail Road Impact Fees shall be deposited into the appropriate trust account immediately upon receipt. B. Impact Fees collected under the provisions of Ordinance 85-55, as amended, and which have not been expended prior to the adoption of this Ordinance shall be allocated as follows: (1) Impact Fees collected within District Numbers 1 and 2 under Ordinance 85-55, as amended, shall be deposited in the District Number i Road Impact Fee Trust Account. (2) Impact Fees collected within District Numbers 3 and 5 under Ordinance 85-55, as amended, shall be deposited in the District Number 2 Road Impact Fee Trust Account. (3) Impact Fees collected within District Number 4 under Ordinance 85-55, as amended, shall be deposited in the District Number 3 Road Impact Fee Trust Account. (4) Impact Fees collected within District Number 6 under Ordinance 85-55, as amended, shall be deposited in the District Number 4 Road Impact Fee Trust Account. (5) Impact Fees collected within District Number 9 under Ordinance 85-55, as amended, shall be deposited in the District Number 5 Road Impact Fee Trust Account. ~6) Impact Fees collected within District Number 8 under Ordinance 85-55, as amended, shall be deposited in the District Number 6 Road Impact Fee Trust Account. (7) Impact Fees collected within District Number 11 under Ordinance 85-55, as amended, shall be deposited in the District Number 7 Road Impact Fee Trust Account. (8) Impact Fees collected within District Numbers 7 and 10 under Ordinance 85-55, as amended, shall be deposited in the District Number 8 Road Impact Fee Trust Account. 059 , 159 Words underlined are added; words ~truck through are deleted. C. The monies deposited into the respective Road Impact Fee Trust Accounts shall be used solely for the purpose of constructing or improving roads within the Transportation Network and, except as otherwise provided, shall be expended within that Road 0istrict where the Road Impact Construction is located. Road Impact Fees may be used for the following purposes, including, but not limited to %he followinu: (1) design and construction plan preparation; (2) permitting;. (3) right-of-way acquisition, including costs of acquisition or condemnation; (4) construction of new through lanes; (5) construction of new turn lanes; (6) construction of new bridges; (7) construction of new drainage facilities in conjunction with new roadway construction; (8) purchase and installation of new traffic signalization; (9) construction of new curbs, medians and shoulders; (10) relocating utilities to accommodate new roadway construction; (11) construction management and inspection; (12) surveying and soils and material testing; (13) to the extent allowable by law, reimbursement or refund of costs incurred by the County in preparation of this Ordinance, including any amendments or supplements, and the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.08, and anv other administrative costs incurred by the County; (14) Repayment of monies transferred or borrowed from any budgetary fund of the County which were used to fund Words underlined are added; words~ruc~ ~ ~,,~,,~ are deleted. any growth impacted construction or improvements as herein defined; and (15) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to provide funds to construct or acquire growth impacted capital transportation improvements on the Transportation Network. Funds on deposit in the respective Road Impact Fee Trust Accounts shall not be used for any expenditure that would be classified as a maintenance or repair expense, nor shall they be used on local roads or on interstate highways. D. The monies deposited into the respective Road Impact Fee Trust Accounts shall be used solely to provide additions and improvements to the Transportation Network required to accommodate traffic generated by growth. E. Any monies on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the respective Road Impact Fee Trust Accounts and used as provided herein. F. The Road Impact Fees collected pursuant to this Ordinance may 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 (6th) anniversary of the date upon which 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 in which occurs the date of the sixth (6th) anniversary of the payment of the Road Impact Fee. (2) The petition for refund shall be submitted to the County Manager and shall contain the following: Words underlined are added; words ctruck tSr~ugh are deleted. (a) A notarized sworn statement that the petitioner is the then current Owner of the property on behalf of which the Road 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; and~ (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 County Manager will advise the petitioner of the status of the Road Impact Fee requested for refund, and if such Road Impact Fee has not been spent 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 TWOs Amendment to Section 3.01 of Collier County Ordinance No. 92-22, as amended Section 3.01 is hereby amended to read as follows: Section 3.01. Exemptions. The following shall be exempted from payment of the Road Impact Fees: A. Alterations, expansion or replacement of an existing Dwelling Unit which does not increase the number of families which such Dwelling Unit is arranged, designed or intended to accommodate for the purpose of providing living quarters. B. The alteration or expansion of a Building if the Building use upon completion does not generate greater External Trips under the applicable Impact Fee Rate. C. The replacement of a Building or the construction of an Accessory Building if the replacement Building or Accessory U59,, 162 Words underlined are added; words =truck thro%~]h are deleted. Building does not result in a land use generating greater External Trips under the applicable Impact Fee Rate. D. Mobile home lots or spaces upon which the applicable Road Impact Fee has previously been paid. ~, Construction of new medical facilities or expansions to existinq medical facilities by not-for-profit corDoration~. qualified under I.R.S. Code Section 501(c~{3). who provide County-wide service includinq the operation of any hospitals. urqent care centers, medical clinics, medical laboratories, and G~nters for patient treatment and rehabilitation. The Board of County Commissioners hereby finds that such facilities and services are a auasi-~overnmental function and alleviate the need for Collier County to provide such facilities and services. F, The construction of Publicly owned qovernmental buildinqs. SECTION T]IREE: Amendment to Section 3.04 of Collier County Ordinance No. 92-22, as amended Section 3.04 is hereby amended to read as follows: Section 3.04. Affordable Housing .cc ...= ................. ~ C~hn. otruction 'which qualifico ae ~or~a.~= .... ~ ~ ouch Road ~ Construction ~e funde~ ~ 'whole ~ ~ ~r~ ~ ....... , ~ ~ Hou=ing ~ ....... ~ ~ .... ~ uub=idy ~ ~ ~ ~ ~ ~ County (1) .... ~ ............. :-- ............. fo~ ~ Construction. Thc Application for ~ =hall contain thc f=llc~ing: Wordm ~derlined ~rm mdded; word~ ~truck thrcu~ ~rm deleted. Impact .... ~ .... ~ = .... ~ ~ ~ ---~- =- Thc ~ ~ ~ (1) ~ ~ ~ rccclving e ~uildin~ ~ ~ t.hc Words underlined are added; wordsc*.ruc,.~ througN are deleted. ....... ~ ~ -~ Prsperty ~ will = ~' ~ '-- · *~=- -~ .... ~ '~ days tho ~ rcgulrud shall ~ shall --'-~ ...... ~ ~--~ ~,.c Applicant. ............. c ..... Impact Fcc to .... ~ ..................... ~ effcrcd ~ords underlined are added~ vord~~uc,.~ ~ t~cu~h are deleted. ~ ~uc., annual ~ ~ :ny ..,a .... a ..... ~rcn~a.~ 1 received pcr =,,a (7) ~- ~ f~r ~ and Words underline~ are added; words ~ are deleted. --~---~ ~-~- ~ ..... ~- ty ~ ~ ~tcrcd into pur:uant ~ tk: Florida ~ Fc~ ~ ~ Auth$~izaticn for ~ A. Pursuant to the ~uidelines established in this Section. the County shall (1) waive or {2) defer, as applicable, the pa~ent of the Road Impact Fee for any owner-occupied or rental Road Impact Construction which Words underlined are added; words=~ruc..U throug~ are deleted. ~ualifies as Affordable Housing under Appendix C of this (1) Any person seekina an Affordable Housina waiver or deferral for proposed Road Impact Construction shall file with the County ManaGer an Application for Waiver or Deferral° prior to receiving a Buildinq Per, it for the proposed Road Impact Construction. The Application for Waiver or Deferral shall contain the followinG: Ca~ Th~ name and address of the Owner; {bi The leqal description of the Residential Property upon which the Road Impact Construction shall be constructed: .~) The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented: id) The number of bedrooms in each DwelliDG Unit of the Road Impact Construction. f2) If the proposed Road Impact Construction meets the reGuirements 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 ~pplicable, ~o the Owner or Applicant. The Impact ~e~ Waiver or Deferral shall be presented in lieu of payment O~ the Road Impact Fee pursuant to Section 2.02. ~, To ,ualifv for an Impact Fee Waiver or Deferral, an owner-occupied Pwellin~ Unit must meet all of the following criteria: {1) The Owner{s) of the Dwellin~ Unit must have a very low. low. or moderate income level as those terms are defined in Appendix C and the monthly payment to purchase the upit must be within the Affordable Housing Guidelines established in Appendix 859 168 Words ~nderlined are added; words ~t~uck through are deleted. (2) The Owner. or if there is more than one Owner. one of the Owners. must be a first-time hom~ buyer, To aualifv as a first-time home buyer, the Owner must not have had an ownership inter~st in their primary residence in the Dast three years. (3) At least seventy percent of the Owner's household income must be from qainful employment within Collier County. (4) The Dwellinq Unit must be the homestead of the Owner(s1, (51 The Dwel~inq Unit must remain Affordable Housin~ for fifteen years from the date a Certificate of OccuDancv is issued for the Dwellin~ Unit. C. To aualifv for an Impact Fee Deferral & Dwelling Unit offere~ for rent must meet all of the following criteria: (1) The household renting the Dwellina Unit must have a very 10w or low income level as defined in Appendix C and the amount of rent must be within the Affordable Housinq Guidelines established in ADDendix f2) At least seventy percent of the renting hou~ehold's income must be from ~ainful employment in ~911ier County. (31 The Dwelling Unit must be the household's permanent residence. {~) The Dwelling Unit must remain Affordable Housin~ for fifteen years from the date a Certificate of Occupancy is issued for the Dwelling Unit. ~, All I~mact Fees deferred for owner-occupied Dwelling Units at the time the Buildina Permit was issued shall become due and Davable 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 Dwelli~q Unit as Affordable HousinG, whichever occurs first. Words underlined are added; words ~truck tkrcugh are deleted. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and 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 Housing or fifteen Years from the date of issuance of th~ Certificate of OccuDancv. whichever occurs 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 housing at any time during the fifteen year period after the Certificate of OccuDan~v is issued for the Dwelling Unit. If the Dwelling Unit is used as Affordable Housing for the full 15 year period. the impact fees are no longer due and the lien on the Dwelling Unit shall be released. ~. The percentage of the total Impact Fee which shall be waiYed or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix C. The Impact Fees waived or deferred shall be a lien on the property until all reG~irements under this Section have been satisfied. ~. Annually the owner of the Dwelling Unit 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 issuance of a Certificate of OccupancY. I. The Owner receiving an Impact Fee Waiver or Deferral shall enter into an Impact Fee Agreement with the County which Agreement shall provide for. at a minimum, the following and shall further include such provisions deemed necessary by the ~ountv to effectuate the provisions of this ¢1~ The legal description of the Dwelling Unit. Words underlined are added; words ~truck through are deleted. (2) Where an Impact Fee Waiver or Deferral is ~iven to an Owner who will be selling or renting the Dwelling Unit to a subse=uent purchaser or renter, the Road Impact Construction must be sold or rented to hguseholds meeting the criteria set forth in thi~ Section. [3} For owner-occupied D~ellinG Units, the amoun~ of Impact Fees ~eferred shall be repaid to the County upon the sale. refi~anclDG or discontinuance of use of the Dwelling Unit for Affordable HousinG. whichever occurs first, FQr r~nta~ uni~ the IDDact Fees deferred shall be repaid upon sale. refinancinG. the discontinuance of use Qf the Dwelling Unit as Affordable Housina or fiftee~ years 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 County can require ~he Qwner ~:o utilize the Dwellina Unit for Affordable ~ou$ing lor fifteen years from the date the Certificate of Occupancv was issued for the Dwelling Unit. [4) For owner-occupied Dwellin~ Units where Impact Fees have been ~aived. the Dwell~Dq U~lt must be utilized for Affordable Housing for a fifteen Year period after the Certificate of Occupancy is issued and if the Dwellin~ Unit ceases to be u~ili~ed for that purpose, the Impact Fees shall be repaid to the County. Even though the Impact Fees have beeB repaid ~Q the County because the Dwelling Unit has not been ~ilized for Affordable Housin~ the County can require the Owner to utilize the Dwellin~ Unit for Affordable HousinG. -14- Words underlined are added; words:"~ruc..~ ~....~.~..~ are deleted. f5~ The deferred and/or waived Imoact Fees shall be a lien on the Dr~Dgrtv which lien may be foreclosed upon in the event of non-compliance with the reouirements of the Aqreement, f6) Annually the owner Qf ~be Dwellinq Unit shall provide to the County ~ger 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 issuance of a Certificate of Qccupan~y, ~7~ Upon satisfactory completion of the Aqreement requirements, the County shall record any necessary documentation evidencinq same. includin~. but not limited ~o. a release of lien. ¢8~ The Aqreement shall be bindin~ upon the Owner's successors and assigns. ¢9~ The A~reement sh~ll b~ recorded ~ the Official Records of Collier County, ~, The amount of Impact Fee waivers aD~ deferrals ~ranted pursuant to this Section shall be limited, in total, to ~b~ amount appropriated by the Board of County Commissioner~ at their final public hearinq reqardinq the adoption of the a~nual county budqet. Impact Fee waivers and deferrals pur~uan~ ~Q thi~ $9~tion shall beqin in the 1993-94 fiscal year, The budqete~ amount shall be set aside in a trust fund an~ paid into the Road Impact Fee Trust Account no later thaB tha~ ~ime when that amount is needed for a progect funded by those impact ~es waived or deferred. Waivers and deferrals shall be issued in the Qrder ~hat completed applications are received by the CQUntv Manaqer. 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 sinqle family owner-occupied Dwellinq Units servinq the very low and low income levels and which are constructed by builders 059 172 Words underlined are added~ words s~ are deleted. ~onstructing less than five sincle family Dwelling Units Der year. K, AnY chanqes or amendments to ADDendix C or the minimum funding re~uirements adopted in this Section must occur as an ordinance amendment at a Public hearing of the Board of County Commissioners occurrinq after 5:00 P.m. ~, NO Affordable Housin~ Waiver oF p~ferral shall be granted for a Road Impact Construction Dro4ect which consists of a Mobile Home. : SECTION FOUR: Amendment to Appendix C of Collier County Ordinance No. 92-22, aa amended Appendix C is hereby amended to read as follows: Aff=rdablc ~ .... ~-- ~ ~ ~ ~ $3S,000 for cna bcdroon D%'clling Unit. ~ ...,.53 a three ~cdzccn D~'clling Unit. ...c D~'clling ...................... =r ran. fcra ~ . ...... a ................... ling Unit. APPENDIX AFFORDABLE HOUSING DEFINITIONS. BENEFIT STANDARDS. AND LIMITATIQNS The followin~ set forth the aDDlicable definitions and benefit $%andards for Affordable Housin~ dwellin~ units for the DurDos- of determining eligibility for Impact Fee waivers and deferral~ (herein referred to as "benefits"}. I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS Very low income families means those families whos9 incomes do no~ exceed 50% of the m~dian income for the area as determined by the Secretary of the U.S, Department of Housinq and Urban Development farea median income~. 059 173 Words underlined are added; words ~truck through are deleted. bl Low income families means thQse 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. ~or a dwelling unit to be determined tQ be affordable, the monthly rent or monthly mortGaGe payment, including property taxes and insurance shall not be in excess of 30% of the families household income. II BENEFIT STANDARDS Affordable Housing owner-occupied dwelling units which exclusivg~y ~grve yerv 1Qw i~om~ 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 Ordina~cg, bi Affordable Housing rental dwelling units which exclusively serve very low income families shall have 100% of ~he applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. Affordable Housing owner-occupied dwelling units which exclusively serve low-income families and which are the owner's homestead sh~ll ~¥9 ~Q~ of the applicable Impact Fees waived and have 50% of the applicable Impact Fee deferred pursuant to the terms o: the Impact Fee Ordinance, d) Affordable Housing rental dwelling units which exclusively serve low income families shall PaY $0% of the applicable Impact Fee, and shall hav9 ~0% of the applicable Impact Fee deferred, pursuaD~ ~Q the t~;-ms of the Impact Fee Ordinance. el Affordable Housing owner-occupied dwellin~ units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay 75% of the applicable Impact Fee, and shall have 25% of the applicable ImpaG~ Fee deferred pursuant to the terms of the Impact Fee Road Impact Construction which meets the criteria set forth in Subsections b and ¢ of Section 3.0~ constructed by an AGencY O: Collier County or by an Independent Governmental AqencY pursuant to.an interlocal agreement 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. ~QTE: An Amendment to the Appendix shall reGuire a public hearing of the Board of County Commissioners occurring after 5:00 p.m. SECTION FIVE~ Conflict and Sevarabilit¥ The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest -17- Words underlined are added; words ~truck through are deleted. 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 BIXt Effeotive 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 · 'ATTF~I~:3 .. .' BOARD OF COUNTY COMMISSIONERS ~;s ordl~e fired w;th the  ~crejo~ of S~t~'s Richard D. a~ ~'~ge~ pleat, Assistant County Attorney 05'9 175 -18- Words underlined are added; words ~ u =~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, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-99 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 ~i.] '>. Clerk of Courts and Ex-officio to Board of :'" '"..':¥' '... County Commissioners ., : Deputy Clerk "~' - '? / ~ ,; '-