(a) Eligible Developments. Only Affordable Housing Developments designed to serve exclusively Low Income and Moderate Income households will be eligible for the Program.
The land where the Affordable Housing Development will be located must be in the County.
(b) Beneficiaries. A § 501 (c)(3) organization with a primary purpose of assisting with the provision of Affordable Housing or a private-sector entity that is pursuing an Affordable Housing Development may apply to the Program by submitting a Fee Waiver Request under the Program to the Department. All applicants must be in good standing with the Virginia State Corporation Commission and all County ordinances and regulations.
A § 501(c)(3) faith-based organization with a primary purpose of assisting with the provision of Affordable Housing is eligible to participate in the Program under the following conditions: (i) the organization is not controlled in whole or in part by a church (or other house of worship) or sectarian society; (ii) all other eligibility criteria in the Program are met; (iii) the organization's non-religious programs must not discriminate against or otherwise be contingent upon the religious affiliation of its participants or those eligible to receive its services; (iv) Fees waived are not permitted to be used for the benefit of a worship facility or other sectarian activities, (v) the faith-based applicant must certify, in writing, criteria (i), (iii) and (iv).
The applicant for the Fee Waiver Request must be the developer of the Affordable Housing Development and either the owner or the sale contract purchaser, under an executed and binding sale agreement, of the real property where the Affordable Housing Development will be located.
(c) Exclusions. The Program excludes zoning map amendment (ZMAP) and zoning concept plan amendment (ZCPA) applications. Land Development Applications or Development Permit Applications that do not refer exclusively to Affordable Housing Developments are also excluded, even if a portion of the application refers to an affordable component. The property subject to the Fee Waiver must be proposed for exclusive use as an Affordable Housing Development. Land Development Applications or Development Permit Applications that only provide affordable dwelling units ("ADU") (as the term is defined in the County's Zoning Ordinance) that are required to be provided pursuant the County's Zoning Ordinance, within a development that is not an Affordable Housing Development, are also excluded from the Program.
(Ord. 22-10. Passed 9-14-22.)