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A. An applicant shall provide ten percent (10%) of the total number of dwelling units in a covered development as affordable. The applicant shall provide said dwelling unit(s) for the affordability period, owner occupied, and for the affordability period, rental, as defined in section 12-5-2 of this article.
B. An applicant that meets the requirements of subsection 12-5-3A of this section shall not be charged any Village building permit fees pursuant to chapter 7, article 1, "Building Code", of this Code associated with the initial construction of the affordable unit(s) provided by the applicant. (Ord. 19-26, 3-11-2019)
The applicant shall file as part of its zoning relief application an inclusionary housing plan that outlines and specifies compliance with each of the applicable requirements of this article. The inclusionary housing plan shall specifically contain, as a minimum, the following information regarding the covered development:
A. A general description.
B. The total number of market rate dwelling units and affordable dwelling units.
C. The number of bedrooms in each market rate dwelling unit and each affordable dwelling unit.
D. The square footage of each market rate dwelling unit and each affordable dwelling unit.
E. The general location of each affordable dwelling unit within the development.
F. The pricing schedule for each affordable dwelling unit and each market rate dwelling unit.
G. A description of the marketing plan that the applicant proposes to utilize and implement to promote the sale of the affordable dwelling units within the development.
H. Any proposal to make an in lieu of cash payment pursuant to section 12-5-7 of this article in lieu of providing affordable dwelling units. (Ord. 19-26, 3-11-2019)
A. Certificate Of Qualification: The applicant shall issue a certificate of qualification to any household whose income has been verified as meeting the AMI threshold requirements set forth in this article.
B. Eligibility:
1. The affordable dwelling units within a covered development which are for-sale shall be sold only to owner-occupant qualified households whose primary residence shall be said affordable dwelling unit. All affordable units must be sold to low income households whose incomes are one hundred twenty percent (120%) AMI adjusted for household size.
2. The affordable dwelling units within a covered development for rent shall be leased only to tenants with qualified households whose primary residence shall be said affordable dwelling unit. For covered developments, all affordable units must be leased to households whose incomes do not exceed sixty percent (60%) AMI adjusted for household size.
C. Preference: Priority for affordable dwelling units will be given first to qualified households who currently live in Oak Park, or who have lived in Oak Park with a member of a household currently living in Oak Park, or to households in which the head of the household or the spouse or domestic partner works in Oak Park.
D. Waiting List: The waiting lists of households for affordable housing may be created in advance of the construction of those units in order to prioritize households pursuant to subsection 12-5-5C of this section. Households may complete a preliminary income screening based on self-reported income to be placed on a waiting list for rental and ownership units. The waiting list will be prioritized with current Oak Park residents or with individuals who have lived in Oak Park with a member of a household currently living in Oak Park, or to households in which the head of the household or the spouse or domestic partner works in Oak Park. (Ord. 19-26, 3-11-2019)
A. Location Of Affordable Dwelling Units: Affordable dwelling units shall be within the covered development.
B. Exterior Appearance: The exterior appearance of the affordable dwelling units in any covered development shall be visually compatible with the market rate dwelling units in the covered development.
C. Interior Appearance And Finishes: Affordable dwelling units may have different interior appearance and finishes than market rate units, but the interior finish materials shall be contractor grade or higher.
D. Mix Of Bedroom Types Of Affordable Units: The bedroom mix of affordable dwelling units shall be in equal proportion to the bedroom mix of the market rate dwelling units within the covered development or as determined by the Director.
E. Energy Efficiency: Standard components related to energy efficiency, including, but not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, shall be the same in market rate dwelling units and affordable dwelling units. (Ord. 19-26, 3-11-2019)
An applicant may pay a fee in lieu of building each affordable dwelling unit required by section 12-5-3 of this article for a covered development as set forth below.
A. The fee in lieu amount per affordable dwelling unit shall be one hundred thousand dollars ($100,000.00). The fee in lieu will be adjusted annually based on the consumer price index.
B. All cash payments received pursuant to this article shall be deposited directly into the Village's Affordable Housing Fund.
C. Unless otherwise preempted by law, any fee in lieu shall be paid at the same time as payment is made for a building permit(s).
D. The in-lieu fee shall be calculated at the time the applicant submits an application for a building permit with the department. The fee as calculated will be valid for two (2) years following the date it is calculated by the department and cannot be reduced within the two-year period for a reduction in the number of units.
A. Affordable Housing Agreement To Ensure Compliance During The Affordability Period: Prior to issuance of a building permit for any development or conveyance of title of any dwelling unit in any development, the applicant shall have entered into an affordable housing agreement with the Village regarding the specific requirements and restrictions imposed by the Village Board upon the approved development. The applicant shall agree to execute any and all documents deemed necessary by the Village, including, without limitation, deed restrictions, restrictive covenants, and other related instruments, to ensure the continued affordability of the affordable dwelling units in accordance with this article. The affordable housing agreement shall set forth the commitments and obligations of the Village and the applicant, and shall incorporate, among other documents, the inclusionary housing plan. If applicable, the affordable housing agreement shall also detail the fee in lieu or alternative equivalent action of providing on site affordable dwelling units as set forth in section 12-5-7 of this article.
B. Rental Compliance: The developer, or its successor, assignee, or designee, shall submit an annual compliance report to the Village describing each affordable unit in detail including but not limited to changes in tenancy, turnovers, and income certifications for all new tenants upon request of the Director for the affordability period, rental as defined in section 12-5-2 of this article. The developer, or its successor, assignee, or designee shall complete annual re-certifications of tenants renting affordable units to the Village for the affordability period, rental as defined in section 12-5-2 of this article. (Ord. 19-26, 3-11-2019)
A. A density bonus shall be permitted when affordable units are constructed within a covered development in accordance with section 12-5-3 of this article. One bonus market rate dwelling unit shall be permitted for each affordable unit constructed within the covered development.
B. If the construction of the affordable unit(s) causes the covered development to exceed a height limitation set forth in the Village's Zoning Ordinance, a variation shall automatically be granted for the number of feet that the covered development exceeds the height limitation. (Ord. 19-26, 3-11-2019)
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