WestonFL159 051 by 9yrqxC81

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									Florida
Law
Affordable Housing, Urban Renewal
EPA Region 4
Municipality- City of Weston
Waterfront Revitalization Area Ordinance
Limitation on Required Dedications and Improvements; Money in
Lieu of Dedications and Improvements
Summary
Under this law, if the City Commission finds that an application for a development permit will
provide affordable housing, it may waive, upon request, land dedication and related money
payments required by city law. The percentage of waiver granted relates to the affordability of
the units (whether it qualifies as very low, low, or moderate income). If the waiver is granted, the
developer must enter into an agreement with the city to ensure that the affordable housing is
constructed, that the waiver enhances the affordability of the proposed housing, and that such
housing is rented or sold to persons meeting the income level requirements.

Law
Section 159.051 of the Weston Florida Municipal Code

§ 159.051 LIMITATION ON REQUIRED DEDICATIONS AND IMPROVEMENTS;
MONEY IN LIEU OF DEDICATIONS AND IMPROVEMENTS.

   (A)   The City Commission shall determine the reasonable proportion of any property to be
         developed that shall be required pursuant to this part to be granted, dedicated, or reserved to the
         public. Such determinations shall be based upon a finding of a rational relationship between the
         required dedication, grant, or reservation and the anticipated needs of the community taking
         into account the immediate and direct impact of the proposed development and the long-term
         impact of continued approval of additional developments on necessary services and facilities in
         the affected geographical area.
   (B)   The amount of money required to be deposited with the city in lieu of dedication requirements
         and improvements shall be determined pursuant to the specific standards set forth in this
         chapter. The use of such funds will be restricted to the acquisition, expansion, and development
         of service facilities for new users, in a manner consistent with the principles set forth in
         Contractors & Builders Association v. City of Dunedin, 329 So. 2d 314 (Fla. 1976), and
         otherwise consistent with all requirements of the Constitutions of the United States and the
         State of Florida and all applicable laws.
           (1) Any monies required pursuant to this section shall be deposited with the city prior to the
               issuance of a development order.
           (2) After building permits are issued for the total development covered by a development
               order previously received, if the development reflected by building permits issued is less
               intensive than the development that was used to compute required payment of monies
               pursuant to § 159.108, then, at the developer's request and upon appropriate proof, the city
               may pay a rebate of that portion of the monies previously paid to the city which is
               proportional to the reduction in intensity. Such rebate amount shall take into account
               present day value of the required payment. If the developer has been required by the City
               Commission to dedicate land, other than by a DRI development order, then the amount of
               such rebate shall be that portion of the property appraiser's assessed value of the land at
               the time it was dedicated or the value of the land shown by better evidence of value
               presented to the city prior to the dedication which is proportional to the reduction in
               intensity. In either of the above cases, no rebate shall be paid by the city if it is
               determined that the city has expended any sums paid by developer as required herein in
               reliance on completion of the development under the development order, which
               determination shall be made by the City Commission.
   (C)
           (1) When an application for a development permit is made for the construction of affordable
               housing, as defined in § 12.01, the City Commission may waive, upon a request therefor,
               dedications of land, payments of money in lieu thereof, if the City Commission finds that
               the proposed project will provide affordable housing for very low income, low income,
               and/or moderate income persons as defined in § 12.01. Prior to consideration of any
               waiver request, the developer shall obtain certification for the Broward County
               Community Development Division stating that the project qualifies as affordable housing
               at a specified income level.
           (2) The percentage of any waiver granted under this division (C) shall be as follows:

                        Very Low Income - 100%

                        Low Income - 75%

                        Moderate Income - 50%

           (3) Any such waiver shall be only for that portion of the development that qualifies as
               affordable housing.
           (4) Upon such waiver, the City Commission shall identify on the record the source of funds
               that will be used to pay for the services or facilities that would otherwise have been paid
               for by such dedications, payments, or fees.
           (5) Developers shall enter into an agreement with the city upon terms and conditions
               determined by the city to be necessary to reasonably ensure that affordable housing is
               constructed, that any waiver hereunder enhances the affordability of the housing, and that
               such units are rented or sold to persons meeting the income limitations defined in §
               12.01. The requirement for the agreement may be waived by the City Attorney if, in the
               opinion of the City Attorney, adequate alternate assurances exist.

(Ord. 1999-26, passed 6-21-99)

								
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