§ 16-102. Affordable and workforce housing impact fee deferral.

(a)

Pursuant to the requirements established in this section, the county shall defer the payment of the impact fees for any new owner-occupied residential construction which qualifies as affordable housing or workforce housing as defined herein, subject to the availability of other county revenues to replace any impact fee revenues lost due to granting such deferral.

(b)

Any applicant seeking an affordable housing or workforce housing deferral for proposed residential road impact construction shall file with the impact fee coordinator an application for deferral, prior to requesting electrical power clearance for the proposed residential road impact construction. The application for deferral shall contain the following:

(1)

The name and address of the initial purchaser;

(2)

The legal description of the residential road impact construction;

(3)

The proposed selling price of the residential road impact construction;

(4)

Evidence that the residential road impact construction shall be occupied by very low-income persons, low-income persons or moderate income persons, as certified by the impact fee coordinator; and

(5)

Evidence that the residential road impact construction is funded by a governmental affordable housing program, if applicable.

(c)

If the proposed residential road impact construction meets the requirements for an affordable housing or workforce housing deferral as set forth in this section, the county manager shall be authorized to enter into an affordable housing impact fee deferral agreement (the "deferral agreement") with the developer or the initial purchaser, as applicable. The deferral agreement shall be accepted by the county in lieu of prompt payment of the road impact fees that would otherwise be due and payable but for the agreement. The deferral agreement shall provide for, at a minimum, the following, and shall further include such provisions deemed necessary by the commission to effectuate the provisions of this section:

(1)

The deferred road impact fees shall be a lien on the road impact construction for the duration of the deferral period established pursuant to this section. The lien may be foreclosed upon in the event of noncompliance with the requirements of the deferral agreement. The lien shall terminate upon the expiration of a deferral period or upon payment of the lien following a sale or transfer of the road impact construction as provided herein. Such termination of the lien shall be evidenced by the recording of a release or satisfaction of lien in the public records of the county. Such release shall be recorded upon payment in full.

(2)

Neither the deferred road impact fees nor the deferral agreement shall be transferred, assigned, credited or otherwise conveyed from the residential road impact construction. The deferral of road impact fees and the deferral agreement shall run with the land.

(3)

In the event the owner is in default under the deferral agreement, and the default is not cured within thirty (30) days after written notice is provided to the owner, the commission may at its sole option collect the road impact fee amounts in default or bring a civil action to enforce the deferral agreement or declare that the deferred road impact fees are then in default and immediately due and payable. The commission shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the deferral agreement plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. In the event the county initially funded the deferred road impact fee for the residential road impact construction from other available county revenues, the deferred road impact fees collected upon a breach of the deferral agreement will be used to repay such county funds.

(4)

The deferral agreement shall be binding upon the developer or initial purchaser's successors and assigns.

(5)

The deferral agreement shall be recorded in the official records of the county at no cost to the county.

(d)

To qualify for a deferral under this section, owner-occupied residential road impact construction must meet all of the following criteria:

(1)

The initial purchaser(s) or anticipated initial purchaser(s) must qualify as very-low income persons, low-income persons or moderate income persons, as defined herein, at the time of execution by the county of the deferral agreement.

(2)

The purchase price of the residential road impact construction, shall not exceed two hundred forty-seven thousand five hundred dollars ($247,500.00).

(3)

The residential road impact construction shall qualify as "owner-occupied" if:

a.

A written affirmation from the developer to the county guarantees that the requisite affordable housing or workforce housing units will be constructed; and

b.

The affirmation is in effect on the date of execution of the deferral agreement by the county; and

c.

Within six (6) months from the date of electrical power clearance or the execution of the affirmation, whichever is later, any option to purchase is exercised and the qualified initial purchaser takes ownership of the residential road impact construction. If the qualified initial purchaser fails to purchase the residential road impact construction within the six-month period, then the deferred road impact fees are considered in default as of the date that the road impact fees would have been due without the deferral and the applicant shall pay all of the road impact fees that would have been assessed but for the deferral.

(4)

The residential road impact construction must be the homestead of the initial purchaser(s). The initial purchaser(s) of the residential road impact construction must be at least eighteen (18) years of age and must be either citizen(s) of the United States or be a legal alien who permanently resides in the United States. Proof of United States Citizenship or permanent legal residency must be established to the county's sole satisfaction. The residential road impact construction must be granted a homestead exemption pursuant to Chapter 196, Florida Statutes, within one (1) year after the initial purchase of the residential road impact construction.

(5)

No more than thirty (30) impact fee deferral agreements are permitted at any single time for an individual developer, or for any developments that are under common ownership; provided, however, that a developer may apply to the commission for approval to exceed this cap on deferrals for projects that will increase the availability of affordable housing or workforce housing within the county. For purposes of this subsection, "common ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

(e)

All road impact fees deferred at the time electrical power clearance was issued shall become due and payable upon the first occurrence of any sale or transfer of the residential road impact construction if such sale or transfer occurs within eight (8) years of the date of electrical power clearance for the residential road impact construction.

(1)

All such deferred road impact fees shall be immediately paid in full to the county not later than the closing date of the sale or the effective date of the transfer. In the event the county initially funded the deferred road impact fees for the residential road impact construction from other available county revenues, the deferred impact fees collected upon sale or transfer of the residential road impact construction will be used to repay such county funds.

(2)

Repayment shall include any accrued interest. Interest shall be computed at the prevailing prime interest rate established for commercial lenders within the county not to exceed the maximum rate of interest permitted by law.

(3)

If the household income of the initial purchaser rises above the levels for very low-income, low income or moderate income persons, as defined herein, the initial purchaser shall maintain the deferral for the duration of their ownership of the residential road impact construction.

(4)

The deferred impact fees shall be forgiven upon the eighth anniversary of the date of electrical power clearance if the initial purchaser does not sell or transfer the property within such deferral period.

(f)

The amount of the road impact fees shall not be increased to replace any revenue lost due to any deferral approved pursuant to this section. Any deferral approved pursuant to this section shall be funded by other available county revenues, other than road impact fees; provided, however, that the funds advanced by the county to pay road impact fees for properties approved for an affordable housing or workforce housing deferral pursuant to this section are subject to repayment from funds collected upon sale or transfer of owner occupied residential road impact construction prior to the expiration of the deferral period or upon a breach of the deferral agreement.

(g)

To provide certainty for annual budgeting and capital improvement planning for the construction and improvement of impact fee eligible roads, the total amount of affordable and workforce housing impact fee deferrals granted pursuant to this section shall not exceed two hundred thousand dollars ($200,000.00) in any county fiscal year, without further direction and approval of the commission.

(Ord. No. 2008-11, Art. III, § 3.02, 2-26-08; Ord. No. 2008-30, Art. III, § 3.02, 7-22-08; Ord. No. 2017-30, Art. III, § 3.02, 9-26-17)