Draft Ord_Bill 324_Hoffmann_2008COM 1329 015 2006-2008

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(3) Replacement of a destroyed or partially destroyed residential building or structure that has been moved, with a new building or structure of the same use, and with the same number of dwelling units; (4) Replacement of destroyed, partially destroyed, or nonresidential buildings or structure that have been moved, with a new building or structure of the same use and not exceeding the gross floor area of the original building or structure; or (5) Any development for which a completed application for a building permit was submitted prior to the effective date of this chapter, provided that the construction proceeds according to the provisions of the permit and the permit does not expire prior to the completion of the construction; (b) An exemption must be claimed at the time of application for a building permit; (c) The impact fee administrator shall determine the validity of any claim for exemption pursuant to the criteria set forth in this chapter; or (d) In order to promote the economic development of the County or the public health, safety, and general welfare of its residents, the County council may authorize by ordinance payment of some or all of the impact fees imposed on a proposed development or redevelopment from other funds of the County that are not restricted to other uses and are not derived from impact fees. Any such decision to pay impact fees on behalf of an applicant shall be at the discretion of the County council and shall be made pursuant to goals and objectives articulated by the County council. Section 6 -10. Affordable Mousing. (a) Designated affordable housing units. (1) The County shall fund the impact fee for new affordable housing units that are restricted for sale or rent to qualified households and eligible buyers. It is the intent of this subsection that the funding of the impact fee by the County shall apply to new units that are recognized by OHCD as satisfying affordable housing requirements pursuant to chapter 11, or which earn excess credits pursuant to section 11-5. (2) To qualify the units for County funding, OHCD shall certify that the units qualify as affordable housing under chapter 11, and that OHCD will monitor compliance with price and eligibility restrictions, and restrictions on the subsequent transfer of the units, consistent with the requirements of chapter 11. If certification occurs after the issuance of the building permit and payment of the impact fee by the developer, the County shall reimburse the impact fee to the developer, (3) If the unit is released from affordability restrictions on price or buyer eligibility prior to the initial sale of the unit, the developer shall reimburse the affordable housing trust fund for the amount of the impact fee funded by the County. if a rental unit is released from limitations on lease rent prior to the expiration of the IN