§ 25-1-704. FEE WAIVERS.

(A)

The director may, in accordance with Subsection (B), waive all or a portion of the following fees, as set by the City's annual fee ordinance, for a S.M.A.R.T. Housing development:

(1)

Public Works Construction Inspection Fee;

(2)

Watershed Protection and Development Review - Development Assessment Fee;

(3)

Watershed Protection and Development Review - Traffic Impact Analysis Fee;

(4)

Watershed Protection and Development Review - Traffic Impact Analysis Revision Fee;

(5)

Regular Zoning Fee;

(6)

Interim to Permanent Zoning Fee;

(7)

Miscellaneous Zoning Fee;

(8)

Zoning Verification Letter Fee;

(9)

Board of Adjustment Fee;

(10)

Managed Growth Agreement Fee;

(11)

Planned Development Area Fee;

(12)

Preliminary Subdivision Fee;

(13)

Final Subdivision Fee;

(14)

Final Without Preliminary Subdivision Fee;

(15)

Miscellaneous Subdivision Fee;

(16)

Consolidated Site Plan Fee;

(17)

Miscellaneous Site Plan Fee;

(18)

Site Plan Revision Fee;

(19)

Site Plan - Construction Element Fee;

(20)

Building Review Plan Fee;

(21)

Building Permit Fee;

(22)

Electric Permit Fee;

(23)

Mechanical Permit Fee;

(24)

Plumbing Permit Fee;

(25)

Concrete Permit Fee;

(26)

Demolition Permit Fee;

(27)

Electric Service Inspection Fee;

(28)

Move House Onto Lot Fee; and

(29)

Move House Onto City Right-of-Way Fee.

(B)

A developer is eligible for a waiver of the fees described in Subsection (A) if the director determines that the S.M.A.R.T. housing development provides the percentage of reasonably-priced dwelling units prescribed by this section.

(1)

Except as provided in Paragraph (2):

(a)

if at least ten percent of the dwelling units are reasonably- priced, the development is eligible for a waiver of 25 percent of the fees;

(b)

if at least 20 percent of the dwelling units are reasonably- priced, the development is eligible for a waiver of 50 percent of the fees;

(c)

if at least 30 percent of the dwelling units are reasonably- priced, the development is eligible for a waiver of 75 percent of the fees; and

(d)

if at least 40 percent of the dwelling units are reasonably- priced, the development is eligible for a waiver of 100 percent of the fees.

(2)

The development is eligible for a waiver of 100 percent of the fees if:

(a)

except as provided in Subparagraphs (c) and (d), the development is located within the Urban Roadways boundary described by Chapter 25-2, Subchapter E ( Design Standards and Mixed Use ), and at least five percent of the dwelling units are reasonably priced and are transferred to a City approved affordable housing land trust or other similar entity approved by the director;

(b)

except as provided in Subparagraph (c), the development is located outside the Urban Roadways boundary described by Chapter 25-2, Subchapter E ( Design Standards and Mixed Use ), and at least ten percent of the dwelling units are reasonably priced and are transferred to a City approved affordable housing land trust or other similar entity approved by the director;

(c)

the development is a Vertical Mixed Use (VMU) building that complies with the affordability requirements of Chapter 25-2, Subchapter E, Section 4.3.3.F ( Affordability Requirements ); or

(d)

the development is located in either a Downtown Mixed Use (DMU) or Central Business District (CBD) base zoning district, and at least ten percent of the dwelling units are reasonably-priced.

Source: Ord. 20071129-100.