A.

This section is intended to incentivize developments that provide a mix of housing affordability, including units that are affordable to gap-, moderate-, median-, low-, or very-low-income levels through the use of bonus density, which allows for an increase in the number of residential dwelling units per acre on property proposed for development.

B.

This incentivization is accomplished by implementing a Mixed-Income Housing Program, by ordinance for a rezone to provide for housing that is affordable. The purpose of the program is to provide increased residential densities to developers who guarantee that all or a portion of their housing development will provide units that are affordable at gap-, moderate-, median-, low-, or very-low-income levels, as specified in LDC section 4.02.41 and LDC section 4.02.42.

(Ord. No. 25-37, § 3.D)

The following conditions shall apply to all developments associated with the Mixed-Income Housing Program:

A.

Mixed-Income Housing Program Eligibility.

1.

The rental price or sales price for all units designated as Housing that is Affordable within the project must be affordable to households at income levels identified in the below chart to qualify for the allowable bonus density outlined in LDC section 4.02.41, and LDC section 4.02.42:

2.

At the time of application for the Development Order, the developer must identify the total number of housing units within the development and the total number of units that are affordable, categorized by level of income, type of unit (i.e., single-family or multifamily, owner-occupied or rental), and number of bedrooms per unit.

3.

The ratio of the number of bedrooms per unit for housing that is affordable shall in general be equal to or greater than the number of bedrooms per unit for the market rate housing within an entire project.

4.

The units that are affordable shall be intermixed with, and not segregated from, the market rate units in the development.

5.

In order to qualify for the bonus density through the Mixed-Income Housing Program, the developer must comply with the provisions of this section and be approved by ordinance rezoning the property.

B.

Mixed-Income Housing Commitment. The commitment to provide Housing that is Affordable through the Mixed-Income Housing Program will be by an ordinance for a rezone, and shall include at a minimum, the following provisions:

1.

Units committed as affordable through the Mixed-Income Housing Program shall be affordable for 30 years from the initial date of sale or rent.

2.

The conditions contained in the ordinance shall constitute covenants, restrictions, and conditions which shall run with the land and be binding upon the property and the owner's successors and assigns. This commitment must be agreed to by the owner for an owner-occupied unit or by the developer for renter-occupied units, in an instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida.

3.

No unit that is committed as affordable through the Mixed-Income Housing Program shall be rented to a tenant whose household income has not been verified and certified in accordance with this section. Such verification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for certification.

4.

No unit that is committed as affordable through the Mixed-Income Housing Program shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section. Such verification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for certification. It is the intent of this section to keep housing affordable; therefore, any person who buys a Mixed-Income Housing Program unit must agree, in an instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if the property is sold (to a non-income qualified buyer, including the land and/or the unit) within 30 years after the original purchase at a sales price in excess of five percent per year of the original purchase price that he/she will pay to the Collier County Affordable Housing Trust Fund an amount equal to one-half of the sales price in excess of the five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage.

C.

Income Verification and Certification. Evidence of income must be verified and certified by the County Manager or designee. The income verification and certification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit. In the absence of tax returns, income may be verified and certified in the same manner as stipulated in LDC section 2.06.05 B.4. and subject to approval by the County Attorney's Office.

1.

For owner-occupied units, an income verification form must be submitted by the developer, and a certification letter must be obtained from the County Manager or designee stating that the household income meets the applicable income level threshold required for the unit prior to issuance of certificate of occupancy for that unit. The income verification and certification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit.

2.

For rental units, an income verification form must be submitted by the developer or its successor once prior to initial occupancy for the unit and submitted annually thereafter following the initial certificate of occupancy. A certification letter must be obtained from the County Manager or designee stating that the household income meets the applicable income level threshold required for the unit in order for the certificate of occupancy to remain in effect at time of re-certification for that unit. The income verification and certification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit.

(Ord. No. 25-37, § 3.D)