Loading...
HomeMy Public PortalAbout4d Ordinance 442 Amending CH. 13 of the Fraser Town Code-PIF Deferral TOWN OF FRASER ORDINANCE NO. 442 Series 2017 AN ORDINANCE AMENDING CHAPTER 13 OF THE FRASER MUNICIPAL CODE. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDMENTS TO TOWN CODE. [Note: additions are shown in black bold print; deletions are shown as strikethrough print.] Sec. 13-2-340. - Deferral of plant investment fees. (a) For purposes of this Section, the following words and phrases shall have the meanings as defined he rein: Affordable housing means residential dwelling units for which the annual purchase or rental expense does not exceed thirty percent (30%) of the gross annual income for low - income families in the County, as published in the latest edition of the U.S. Department of Housing and Urban Development Block Grant Program Guidelines. Qualified developer means any person constructing new residential housing within the Town who is contractually bound, through financing arrangements or otherwise, by a governmental or nonprofit agency other than the Town, to provide all or a major portion of such residential housing as affordable housing for a period of twenty (20) years or more. (b) A qualified developer may request deferral of payment of water plant investment fee s by submitting a written application to the Board of Trustees in conjunction with development or subdivision review for an affordable housing project. The applicant shall submit written proof of eligibility demonstrating to the satisfaction of the Board o f Trustees that the applicant is a qualified developer and the proposed project will provide affordable housing in accordance with the requirements of this Section. Adequate proof shall also be submitted that the developer cannot afford to immediately pay the water plant investment fees for which deferral is requested, and that the deferral is necessary to make the project financially feasible. (c) Final determination of eligibility for deferral of water plant investment fees, and the terms and conditions for any such deferral, shall be made by the Board of Trustees. If determined to be eligible and as a condition to the grant of any deferral, the applicant shall be required to enter into a contract with the Town stating the terms of payment for the deferred water plant investment fees, and including suitable guarantees, as determined by the Board of Trustees, that the project shall remain available as affordable housing for twenty (20) years or more. Each such contract shall provide that, in case of any defa ult by the developer in the payment of the deferred fees or in the performance of the other terms of the contract, such fees shall become immediately due and payable and shall be subject to the collection and penalty provisions of this Article. - 2 - (d) Any deferral of payment of water plant investment fees that is granted pursuant to this Section shall not be construed as excusing the performance of any other duty or obligation as required by this Article. Sec. 13-4-130. - Deferral of plant investment fees. (a) For purposes of this Section, the following words and phrases shall have the meanings as defined herein: Affordable housing means residential dwelling units for which the annual purchase or rental expense does not exceed thirty percent (30%) of the gross annual income for low- income families in the County, as published in the latest edition of the U.S. Department of Housing and Urban Development Block Grant Program Guidelines. Qualified developer means any person constructing new residential housing within the Town who is contractually bound, through financing arrangements or otherwise, by a governmental or nonprofit agency other than the Town, to provide all or a major portion of such residential housing as affordable housing for a period of twenty (20) ye ars or more. (b) A qualified developer may request deferral of payment of sanitary sewer plant investment fees by submitting a written application to the Board of Trustees in conjunction with development or subdivision review for an affordable housing proj ect. The applicant shall submit written proof of eligibility demonstrating to the satisfaction of the Board of Trustees that the applicant is a qualified developer and the proposed project will provide affordable housing in accordance with the requirements of this Section. Adequate proof shall also be submitted that the developer cannot afford to immediately pay the sanitary sewer plant investment fees for which deferral is requested, and that the deferral is necessary to make the project financially feasib le. (c) Final determination of eligibility for deferral of sanitary sewer plant investment fees, and the terms and conditions for any such deferral, shall be made by the Board of Trustees. If determined to be eligible and as a condition to the grant of any deferral, the applicant shall be required to enter into a contract with the Town stating the terms of payment for the deferred sanitary sewer plant investment fees, and including suitable guarantees, as determined by the Board of Trustees, that the projec t shall remain available as affordable housing for twenty (20) years or more. Each such contract shall provide that, in case of any default by the developer in the payment of the deferred fees or in the performance of the other terms of the contract, such fees shall become immediately due and payable and shall be subject to the collection and penalty provisions of this Article. (d) Any deferral of payment of sanitary sewer plant investment fees that is granted pursuant to this Section shall not be construed as excusing the performance of any other duty or obligation as required by this Article. - 3 - Sec. 13-5-20. - Contract required; agreement to annex. (a) A property owner desiring to obtain water or sewer service to serve any area outside the corporate limits of the Town shall submit an application for such service to the Town Clerk. The Board of Trustees will consider such application and determine if out -of-town service will be allowed and upon what terms. (b) As a condition for obtaining such out -of-town water and/or sewer service, the owner will be required to enter into a contract with the Town, consistent with the provisions of this Article and containing such terms and conditions as may be approved by the Board of Trustees. (c) Each contract for out -of-town water and/or sewer service shall include an agreement and covenant binding on the property owner and all future owners to apply for or consent to the annexation of the area supplied with municipal services to the Town when such area or portion thereof becomes eligible for annexation and the Board of Trustees requests such annexation, and subject to such terms and conditions as may be provided by contract. (d) As used herein, the phrase "unless otherwise provided by contract” means or refers to a requirement or provision that applies if it is not otherwise addressed in an existing out -of-town service contract or that applies if the requirement or provision was addressed in such a contract but that contract has expired or has otherwise been terminated. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taki ng effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or - 4 - constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 19th DAY OF APRIL, 2017. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Votes abstained: ___ BY: ________________________________ Philip Vandernail, Mayor ATTEST: (S E A L) _________________________________ Antoinette McVeigh, Town Clerk Published in the Middle Park Times on _________, 2017.