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Agenda - 03-04-1998 - 9a
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Agenda - 03-04-1998 - 9a
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BOCC
Date
3/4/1998
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
9a
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Minutes - 19980304
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\Board of County Commissioners\Minutes - Approved\1990's\1998
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4 <br />'4 ' <br />Board of Commissioners <br />Page 2 <br />February 24, 1998 <br />6 <br />affordability. To further insure affordability for the desired length of time it is possible to <br />develop an agreement or land covenant secured by a note and deed of trust which will require <br />repayment of the impact fee for any unit that does not remain affordable for the covenanted <br />period of time. Whether the obligation to repay the impact fee could be enforced if there's a <br />need to enforce it will depend on whether there is equity in the housing project and whether the <br />County, at that time, has the will to enforce the reimbursement requirement. <br />Establishing a policy for reimbursement of impact fees to rental housing projects has the <br />potential to be perceived as an entitlement. That is, once the standards for reimbursement are <br />established, they become the benchmark for projects seeking reimbursement. Since the amount <br />of money involved in impact fees is significant, it is reasonable to assume that all new affordable <br />housing projects, whether home ownership or rental, will meet Orange County's impact fee <br />reimbursement standards. This fact may be perceived to be a "con." It will cost the County <br />money. And, there is no rational way that I can think of to distinguish among the qualifying <br />projects. In order to avoid the impact fee reimbursement policy from being perceived to be an <br />entitlement program, the policy must limit reimbursements solely to the County's annual <br />appropriations for reimbursement. The appropriation limitation limits the County's annual <br />expenditure for impact fees. <br />I think it is very important that all reimbursement requests, both home ownership and <br />rental, be treated first in, first out. Those that cannot be funded in the fiscal year in which the <br />application is made will be held until they are either withdrawn or ultimately funded in a <br />subsequent fiscal year, again on a first come, first served basis. This means that Orange County's <br />standards for reimbursement will determine the universe of applicants. The tighter the standards, <br />the fewer the applicants. The converse is also true. <br />The standards proposed in the rental policy under consideration are parallel to those for <br />home ownership affordable housing. They could be tighter for both home ownership and rental. <br />For example, the Town- of Carrboro has a policy for waiving permit fees. A copy is enclosed. <br />This policy ig' more narrow than the County's impact fee policy and would, by and large, result <br />in fewer Caaia permit. fee waivers than County impact fee reimbursements. The "con" of <br />limiting rei~etnents as Carrboro has, is that otherwise affordable housing units may not be <br />built or theme may= not be as many built. For example, not all Habitat for Humanity housing <br />projects would qualify under the Carrboro fee waiver policy. Eliminating a Habitat house from <br />school impact fee reimbursement consideration based on the fact that no federal, state or local <br />money is used to fund the project or the fact that the project is not necessary to implement the <br />HOME program may lessen the number of Habitat houses that can be constructed and, therefore, <br />may not be the kind of distinguishing characteristics that the Board would want to make in <br />deciding whether to reimburse impact fees. <br />The Board also sought some clarity as to what special needs populations are. A definition <br />is provided as part of the abstract for the impact fee reimbursement policy revision. Providing <br />reimbursement for special needs population housing is not addressed separately in the <br />
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