§ 125.35 WAIVER OF REQUIRED DEDICATIONS AND IMPROVEMENTS FOR AFFORDABLE HOUSING.
   125.35(A)   When an application for a is made for the of , as defined in § 1.01, the may waive, upon a request therefor, dedications of land, payments of money in lieu thereof, if the finds that the proposed project will provide for , , and/or as defined in § 1.01. Prior to consideration of any waiver request, the developer shall obtain certification from Broward County stating that the project qualifies as at a specified income level.
   125.35(B)   The percentage of any waiver granted shall be as follows:
 
Very Low Income
100%
Low Income
75%
Moderate Income
50%
 
   125.35(C)   Any such waiver shall be only for that portion of the that qualifies as .
   125.35(D)   Upon such waiver, the shall identify on the record the source of funds that will be used to pay for the services or facilities that would otherwise have been paid for by such dedications, payments, or fees.
   125.35(E)   Developers shall enter into an agreement with the upon terms and conditions determined by the to be necessary to reasonably ensure that is constructed, that any waiver hereunder enhances the affordability of the housing, and that such units are rented or sold to meeting the income limitations defined in § 1.01. The requirement for the agreement may be waived by the if, in the opinion of the , adequate alternate assurances exist.
(Ord. 2010-21, passed 10-4-2010)