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1993-43710-Resolution No. 93-109 Recorded 11/26/1993RE ED d ` 93-43710 L COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES , A Resolution Adopting * tin 4, =: 1, ;U Standards and Guidelines for Processing Applications for New Low -Income Rental Housing * Local Property Tax Exemption. 0128-0797 RESOLUTION NO. 93-109 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The Standards and Guidelines for Processing Applications for New Low -Income Rental Housing Local Property Tax Exemption, attached as Exhibit "A" hereto, are approved and adopted as the procedures to be followed in considering applications for exemption, and the policy contained therein is declared to be the policy of Deschutes County governing the basic requirements for applications. DATED this t day of 1993. E T: Recording Secretary BOARD OF/COUNTY COMMISSIONERS OF DESS UTES COUNTY, OREGON THROOP '�'V �VAV y ��17(11' BARRY 9. SLAUGHTIER, Commissioner 1993 1 - RESOLUTION NO. 93-109 (11/24/93) l..\OFIL' ",IED, Exhibit "A" to Resolution No. 93-109 U128'w0'798 STANDARDS AND GUIDELINES FOR PROCESSING APPLICATIONS FOR NEW LOW-INCOME RENTAL HOUSING LOCAL PROPERTY TAX EXEMPTION UNDER ORS 307.515 TO ORS 307.537 ADMINISTRATIVE PROCESS For purposes of these rules, the following words and phrases mean: Board. The Board of County Commissioners of Deschutes County, Oregon, or its designee. Low -Income. 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. Low -Income Rental Housing. Rental housing constructed after December 1, 1993 which is occupied by low-income persons. 1. Statement of Program Purpose. The purpose of the low- income rental housing local property tax exemption program is to provide an incentive that will encourage construction of new rental housing for low-income persons. 2. Eligible Property. To be eligible for local property tax exemption hereunder: 2.1 The property must be offered for rent; 2.2 The property, or portion thereof subject to the property tax exemption, must be occupied solely by low- income persons; 2.3 The required rent payment must reflect the full value of the property tax exemption; 2.4 The housing units on the property must be constructed after December 1, 1993; 2.5 The property owner must agree to comply with the policies set forth in Section 5 of these Standards and Guidelines; 2.6 The proposed development must be consistent with the County's Comprehensive Land Use Plan; 2.7 The proposed development will not cause displacement of low-income persons unless the County and developer can reach agreement on provisions (to be provided by the developer) that reflect satisfactory mitigation thereof; 1 - EXHIBIT "A" TO RESOLUTION NO. 93-109 (11/24/93) 0128;0799 2.8 The proposed development will not cause destruction of historic properties except: 2.8.1 Where the historic property is relocated in a manner which preserves its historic characteristics, or 2.8.2 The property is granted an exception by the county; 2.9 The proposed development will be otherwise consistent with provisions of the Deschutes County Code, and adopted County regulations and policies; and 2.10 As an alternative to the criteria set forth in subsections 2.1, 2.2, 2.3 and 2.4 of this section, an application shall be approved if it meets the criteria in subsections 2.5, 2.6, 2.7, 2.8 and 2.9 of this section and all of the following criteria: 2.10.1 If unoccupied, the property is offered for rental solely as a residence for low-income persons; 2.10.2 If occupied, the property is occupied solely as a residence for low-income persons; 2.10.3 The applicant's application was filed prior to July 1, 2000; 2.10.4 The property is owned or being purchased by a nonprofit corporation organized in a manner that meets the criteria for a public benefit corporation, as described under ORS 65.001(31) or for a religious corporation, as described under ORS 65.001(33); and 2.10.5 The property is owned or being purchased by a nonprofit corporation that expends no more than ten percent of its annual income from residential rentals for purposes other than acquisition, maintenance or repair of residential rental property for low-income persons. 3. Application for Exemption. Prior to December 1 of the calendar year immediately preceding the first tax year for which the exemption is requested, or, if the property is acquired after November 1, within 30 days of the date of acquisition, but no later than January 1 of the next calendar year, the applicant shall submit to the Board application for exemption, containing the following information: 3.1 A description of the property or portion thereof, for which the exemption is requested; 3.2 A description of the purpose of the project and whether all or a portion of the property will be used for 2 - EXHIBIT "A" TO RESOLUTION NO. 93-109 (11/24/93) 0128-0800 that purpose; 3.3 A certification of the income levels of low-income occupants, if the property is occupied; 3.4 A description of how the tax exemption will benefit project occupants; 3.5 Evidence that, if unoccupied, the property is, or will be, offered for rental solely as a residence for low- income persons; 3.6 If the exemption is sought under the alternative criteria of §2.10, evidence that, if occupied, the property is occupied solely as a residence for low-income persons; 3.7 If the exemption is sought under the alternative criteria of 52.10, evidence that the property is owned or being purchased by a nonprofit corporation which meets the criteria for a public benefit corporation as described in ORS 65.001(31), or a religious corporation, as described in ORS 65.001(33); 3.8 If the exemption is sought under the alternative criteria of 52.10, evidence that the nonprofit corporation expends no more than ten percent of its annual income from residential rentals for purposes other than acquisition, maintenance or repair of residential rental property for low-income persons; and 3.9 Any other information required by the Board. The application shall be verified by oath or affirmation of the applicant and submitted with an application and processing fee to be set pursuant to Chapter 4.12 Deschutes County Code, which shall include therein the fee to be paid to the County Assessor by the County as the County's agreed processing fee for those applications receiving County approval. The amount of the basis fee shall be prominently displayed on the application, together with a statement that the applicant may be required to pay other reasonable costs, including appraisal costs, if any, are incurred by the County in processing the application. Any additional costs shall be paid to the County by the applicant prior to the granting of any final approval. In the event an application is denied, the portion of the fee reserved for the County Assessor will be refunded to the applicant by the County. An application which does not contain all the required information and is not accompanied by the required fee shall be returned to the applicant. Any application returned for these reasons shall be deemed not to have been filed. The Board may waive fees upon finding that it is in the public interest to do SO. 4. Duration of Tax Exemption. Exemption from ad valorem taxes, excluding taxes on land or any improvements not a part of 3 - EXHIBIT "A" TO RESOLUTION NO. 93-109 (11/24/93) 01280801 the newly -constructed low-income rental housing, shall be granted for no more than twenty successive years. 5. Policies. In addition to the criteria set forth above, the applicant must demonstrate compliance with the following policies in order to be eligible for a property tax exemption hereunder: 5.1 Rent Regulatory Agreement. The owner must agree to execute and maintain in effect for the duration of the tax exemption period, a Rent Regulatory Agreement in a form approved by the County, and which contains, but is not limited to, provisions establishing regular reporting requirements and periodic inspection periods, and demonstrates that the required rent payment reflects the full value of the property tax exemption. 5.2 Inspection of Premises. The owner must consent in writing that for the duration of the tax exemption period the County may inspect the property for which the exemption is granted at reasonable times, without prior notice to insure that the premises are naintained in decent, safe and sanitary conditions for the occupants. 6. Recommendations on Applications. Upon receipt of an application for property tax exemption hereunder, the Board shall: 6.1 Review the application and all supportive material to verify that the applicant has provided the information required and paid the required fee. The Board shall promptly notify the applicant of any omissions. 6.2 Solicit recommendations or comments from any recognized neighborhood group if the property is located within the recognized neighborhood groups' boundaries, other interested County departments and agencies. Within 20 days of forwarding of referrals, written comments shall be submitted to the Board by the agencies, departments and groups to whom referral is made. Failure to respond within 20 days will be deemed approval of the proposal as submitted. 6.3 If necessary to address comments or recommendations received, establish a meeting with the applicant, or the applicant's authorized representative to review the application. 6.4 Within 30 days from the date the application is filed, forward his or her recommendation to the County that the application be denied, approved, or approved subject to conditions. The recommendation shall be based upon and contain findings of compliance or non-compliance with these Standards and Guidelines, the Deschutes County Code, County resolutions, ordinances and adopted policies, and applicable 4 - EXHIBIT "A" TO RESOLUTION NO. 93-109 (11/24/93) 0128-w0802 State statutes, that support his or her recommendation. 7. Amendments to Guidelines. The Board may, from time to time, propose such revisions, deletions, or amendments to these Standards and Guidelines as it deems necessary or desirable for the efficient implementation of the low-income rental housing local property tax exemption program, but no such revision, deletion, or amendment shall be effective until approved by County Resolution. DATED this ✓? day of, 1993. E Recording Secretary BOARD OF1 COUNTY COMMISSIONERS OF DES TES COUNTY, OREGON N Y POP 'SC GEN. Commissioner BARRY H. SLAUGHTEA, Commissioner 5 - EXHIBIT "A" TO RESOLUTION NO. 93-109 (11/24/93)