As used in this Chapter:
(a) "Affordable Housing" means the Construction, Preservation, and/or Rehabilitation/Renovation of residential Affordable Unit developments in the County, including the incorporated towns, serving exclusively households with Low Income or Moderate Income, for a period of no less than thirty (30) years.
(b) "Affordable Housing Development" means an Affordable Housing project.
(c) "Affordable Housing Development Permit Application" means a Development Permit Application pursuant to applicable County ordinances for the development of Affordable Housing.
(d) "Affordable Housing Development Permit Fee Waiver Request" means a request to the County for the waiver of the Fee for an Affordable Housing Development Permit.
(e) "Affordable Housing Land Development Application" means a Land Development Application that is processed administratively pursuant to applicable County ordinances for the development of Affordable Housing.
(f) "Affordable Housing Land Development Application Fee Waiver Request" means a request to the County for the waiver of the Fee for an Affordable Housing Land Development Application.
(g) "Affordable Unit(s)" means a Dwelling Unit for rent or for sale serving exclusively households with Low Income or Moderate Income within an Affordable Housing Development.
(h) "Board" means the Loudoun County Board of Supervisors.
(i) "Construction" refers to development of new Affordable Housing Developments.
(j) "County" means the County of Loudoun, Virginia.
(k) "Delegated Authority" refers to (i) the maximum total amount of Fee Waiver, calculated in U.S. dollars that the Board authorizes the Director to approve in a single fiscal year and (ii) the maximum amount of Fee Waiver, calculated in U.S. dollars, that the Board authorizes the Director to approve per Affordable Housing Development. The Board may increase or decrease, at the Board's discretion, one or both components of the Delegated Authority every fiscal year.
(l) "Department" means the Loudoun County Department of Building and Development.
(m) "Development Permit Application" means an application of the type listed in section 1480.05(a), (c), (d) and (e) of this Chapter, requesting a development permit to be issued, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization, which has been officially accepted by the Department and is not an inactive application or has not been withdrawn, or has not received a final decision, including one classified as inactive by the County once it has been officially reactivated by the County.
(n) "Development Permit Fee" means the Fee payable to the County as a result of the submission of a Development Permit Application.
(o) "Director" means the Director of the Department.
(p) "Dwelling Unit" means one room, or rooms connected together, constituting a separate unit for a single-family owner occupancy or rental, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
(q) "Fee (s)" refers to those fees applicable to the shell building, including base, per unit, and plan review.
(r) "Fee Waiver" refers to the waiver of an Affordable Housing Land Development Application Fee or an Affordable Housing Development Permit Application Fee.
(s) "Land Development Application" means an application of the type listed in section 1480.05(b) of this Chapter, which has been officially accepted by the Department and is not an inactive application or has not been withdrawn, or has not received a final decision, including one classified as inactive by the County once it has been officially reactivated by the County.
(t) "Land Development Application Fee" means the Fee payable to the County as a result of the submission of a Land Development Application.
(u) "Low Income" means (i) for Affordable Units for rental, a household income at or lower than fifty percent (50%) of the Area Median Income ("AMI") for the Washington Primary Metropolitan Statistical Area ("Washington MSA") as determined by the U.S. Department of Housing and Urban Development ("HUD"); and (ii) for Affordable Units for sale, a household income at or lower than seventy percent (70%) AMI.
(v) "Moderate Income" means (i) for Affordable Units for rental, a household income higher than fifty percent (50%) AMI and lower than sixty percent (60%) ("AMI) for the Washington MSA as determined by HUD; and (ii) for Affordable Units for sale, a household income higher than seventy percent (70%) AMI and lower than one hundred percent (100%) AMI.
(w) "Officially Accepted" means the date that all required submissions have been made to the Department, and authorized staff from the Department has signed the application. This date is deemed that date upon which the Land Development Application or the Development Permit Application has been officially submitted to the Department for review.
(x) "Preservation" means acquisition of an existing development with purpose to either maintain it as or convert it to Affordable Housing.
(y) "Program" means the Affordable Housing Land Development Application and Development Permit Fee Waiver Program as set forth in Chapter 1480.
(z) "Rehabilitation/Renovation" means repairs, improvements, replacements, alterations, and additions to existing residential buildings, or adaptive reuse or use conversion of existing buildings from nonresidential to residential, other than minor or routine repairs, for use as Affordable Housing.
(aa) "Zoning Permit" means a document issued by the Zoning Administrator, or his designee, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of the County Zoning Ordinance, or authorized variance therefrom.
(Ord. 22-10. Passed 9-14-22.)