7.725 SDC – Exemptions.
(1) Except for the systems development charge attributable to the wastewater sewer system and the stormwater management facilities, all development which existed or for which the city had received a completed building permit application on or before June 30, 1991, or for which a building permit was issued before that date, is exempt from the systems development charge imposed in section 7.705.
(2) Housing for low-income persons is exempt from the systems development charge imposed in section 7.705, subject to the following limitations:
(a) Commencing with the 1998 fiscal year, and continuing each fiscal year thereafter, the city manager or designee may waive a base amount totaling $115,000 annually of system development charges for housing for low-income persons.
(b) Each fiscal year that there is a change in the rates for the system development charges for residential development, the base amount for that fiscal year shall be adjusted in an amount proportionate to that change.
(c) If any portion of the authorized base amount remains unallocated at the end of a fiscal year, that portion shall be added to the authorized base amount for the next fiscal year.
(d) In the event the property for which an exemption is granted ceases to be utilized for housing for low-income persons or is sold or transferred for use other than housing for low-income persons within five years from the date the certificate of exemption is recorded, the person to whom the exemption was granted shall be required to pay to the city the amount of the exempted systems development charges, plus interest at the statutory rate for interest on a judgment from the date the certificate was recorded.
(e) Upon issuance of the certificate of occupancy, the city shall record the certificate of exemption documenting the date and amount of the exemption with the Lane County Recorder’s office.
(f) A transfer from an owner to whom an exemption was granted to the initial lessee under a lease to purchase agreement shall not be deemed a transfer of ownership for purposes of this subsection.
(g) The exemption authorized herein does not include an exemption from the regional wastewater systems development charge.
(h) For purposes of this subsection (2), “low-income persons” means:
1. With regard to rental housing, persons with an income at or below 60 percent of the area median income as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development; and
2. With regard to home ownership housing and lease to purchase home ownership housing, persons with an income at or below 80 percent of the area median income as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development.