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 Polk County
 Code of Ordinances
 Chapter 8.7. IMPACT FEES
 Article VI. EDUCATIONAL SYSTEM IMPACT FEES

  § 8.7-65. Housing for older persons exemption from educational system impact fees.  

Latest version.

  • A.

    Any residential construction that qualifies as housing for older persons shall be exempt from the educational system impact fee upon satisfaction of the following requirements:

    1.

    Any person seeking a housing for older persons exemption shall file with the county manager an application for exemption prior to receiving a certificate of occupancy for the proposed residential construction. The application for exemption shall contain the following:

    a.

    The name and address of the owner;

    b.

    The legal description of the residential construction;

    c.

    Evidence that the residential construction is within a community or subdivision that is operated as housing for older persons in compliance with the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Acts of 1968, as amended by the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995, 42 U.S.C. § 3601-19, or its statutory successor in function; and

    d.

    A copy of the recorded declaration of covenants and restrictions that run with the land, cannot be revoked or amended for a period of at least thirty (30) years from recording, and that prohibit any person under the age of eighteen (18) years of age from residing within any dwelling unit on the property as a permanent resident.

    2.

    If the residential construction meets the requirements for a housing for older persons exemption, the county manager shall issue an exemption. The exemption shall be presented in lieu of payment of the educational system impact fee.

    3.

    The amount of the educational system impact fee shall not be increased to replace any revenue lost due to the housing for older persons exemption.

    4.

    In the event the recorded declaration of covenants and restrictions is breached or otherwise modified within the thirty-year period following recording such that persons under the age of eighteen (18) are allowed to reside as permanent residents in any residential dwelling unit receiving a housing for older persons exemption, the educational system impact fee in effect at the time of the change in circumstances shall be due.

(Ord. No. 18-048, § VI(6.05), 7-24-18)