HomeMy WebLinkAbout147 - 12/17/1996 - AMENDING CITY CODE REGARDING THE DEFERRAL OF FEES FOR AFFORDABLE HOUSING ORDINANCE NO. 147, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-632 OF THE CODE OF THE CITY
REGARDING THE DEFERRAL OF FEES FOR AFFORDABLE HOUSING
WHEREAS, by Ordinance No. 66, 1994, Section 26-632 of the Code of the City was
established to provide a mechanism for deferring certain city development fees in order to encourage
the development of affordable housing projects in the City; and
WHEREAS, Section 26-632 contains a provision requiring any person requesting such a
deferral to, as a condition precedent to obtaining a deferral, secure the future payment of the deferred
fee by providing the City with a letter of credit or certificate of deposit in a form and amount
acceptable to the City; and
WHEREAS, requiring such security has had the effect of increasing the cost of completing
an affordable housing project because of the cost associated with the acquisition of letters of credit;
and
WHEREAS, the Council has determined that adequate security can be provided to the City
by requiring full payment of all deferred fees prior to the issuance of a certificate of occupancy and,
correspondingly, deleting the requirement of providing the City with a letter of credit or certificate
of deposit; and
WHEREAS, the Affordable Housing Board, on November 7, 1996, recommended the
proposed amendment.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that Section 26-632 be and hereby is amended to read as follows:
Sec. 26-632. Deferral of fees.
With respect to any dwelling unit which is contained within or which constitutes
an affordable housing project as defined in § 26-631, the Water Plant Investment Fee
("WPIF) Sewer Plant Investment Fee ("SPIF"), Storm Drainage Basin Fee and the
Raw Water Requirement In-lieu Cash Payment, as established in this Chapter, shall,
upon the request of the applicant,be deferred until the date of issuance of a certificate
of occupancy(whether temporary or permanent) for such unit(s) or until the first day
of December of the year in which the deferral was obtained, whichever first occurs.
Notwithstanding any provision in this Chapter to the contrary, in the event that,
during the period of deferral,the amount of the deferred fee is increased by ordinance
of the City Council, the fee rate in effect at the time of the issuance of the building
permit shall apply. At the time of application for any such deferral, the applicant
shall pay to the city a fee in the amount of fifty dollars ($50.) to partially defray the
cost of administration. No person shall knowingly make any false or misleading
statement of fact in order to obtain any deferral of fees under this Section. The city
shall not issue any certificate of occupancy, whether temporary or permanent, for the
occupation of any building or structure for which a deferral of fees has been obtained
pursuant to this section until such time as such deferred fees have been fully paid.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 1996, and to be presented for final passage on th(; day of Decem,ber'A�.
1996. /
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of De b , A.D. 1996,%j
ayor
ti
ATTEST:
City Clerk