BMR Reducation Program Clause Samples
BMR Reducation Program. A. The median income BMR requirement is eliminated for all project phases with allocations through FY 2009-10, that are commenced* on or prior to September 30, 2010, 2011, ** and pass a foundation inspection within 90 days of permit issuance and pass a shear and roof sheeting inspection within 90 days of the foundation inspection. All median income BMR unit(s) shall be constructed per the approved precise development plan but will not be required to be enrolled in the City’s Below Market Rate program per the requirements of the above paragraph and may be sold at market rate. After September 30, 2010, 2011, ** the median income BMR requirement is reinstated and the completed unit(s) after this date shall be enrolled the City’s BMR program. * “Commenced” as defined in City Council policy CP 07-04.
B. All project phases with building allotments through FY 2009-10 may be eligible for an incremental elimination of the project’s low income BMR requirement for a respective project phase based on the number of building permits commenced* prior to or on September 30, 2009 2011**. The project may also be eligible for incremental reduction up to 50 percent of the low income BMR units required for the respective phase for building permits commenced* on or prior to September 30, 2010 April 30,2012**. * “Commenced” as defined in City Council policy CP 07-04. The following table illustrates the possible BMR elimination/reduction: 6-unit phase 1 with 1 low income BMR unit required within the phase. 6-unit phase 1 Prior to Sept 30, 2009 2011=.17 reduction in the required (1) low income BMR/market rate unit constructed After to Sept 30, 2009 2011 but prior to Sept. 30 2010 April 30, 2012 = .08 reduction in the (1) required low income BMR/market rate unit constructed 1 .17 .08 2 .33 .17 4 .67 .33 6 1.00 .50 To be eligible for the elimination or reduction of the BMR requirement as described in the table(s) above, the project must comply with each of the following:
1. In addition to all commitments made within this agreement and contained in application MC -04-27: ▇▇▇▇▇▇ Ave. -Dividend this project shall certify through Build it Green that all units score 90 points under the Build it Green checklist for all units contained within the respective phase for which the BMR commitment is eliminated or reduced.
2. All building permits commenced for the respective phase (as defined on the approved precise development plan) for which the BMR elimination or reduction is requested must p...
BMR Reducation Program. A. The median income BMR requirement is eliminated for all project phases with allocations through FY 2009-10, that are commenced* in entirety on or prior to April 30, 2011 September 2011**, and pass a foundation inspection within 90 days of permit issuance and pass a shear and roof sheeting inspection within 90 days of the foundation inspection. All median income BMR unit(s) shall be constructed per the approved precise development plan but will not be required to be enrolled in the City‟s Below Market Rate program per the requirements of the above paragraph and may be sold at market rate. After April 30, 2011 September 30, 2011** the median income BMR requirement is reinstated and the completed unit(s) after this date shall be enrolled the City‟s BMR program. * “Commenced” as defined in City Council policy CP 07-04. To be eligible for the elimination or reduction of the median income BMR requirement the project must comply with each of the following:
1. In addition to all commitments made within this agreement and contained in applications MP 02-06: East ▇▇▇▇▇ – ▇▇▇▇▇▇▇ & MP-04-12: East ▇▇▇▇▇ -- DELCO this project shall certify through Build it Green that all units score 90 points under the Build it Green checklist or if the new plans/units are proposed they shall certify 110 points under the Build it Green checklist for all units contained within the respective phase for which the BMR commitment is eliminated or reduced.
2. All building permits must be commenced for the respective phase (as defined on the approved precise development plan) for which the BMR is eliminated, must pass a foundation inspection within 90 days of permit issuance and pass a shear and roof sheeting inspection within 90 days of the foundation inspection in order to be counted toward the BMR reduction program.
3. Building permits commenced for subsequent phase(s) will not be acknowledged toward the BMR reduction calculation until all units within a previous phase pass a sheer and roof sheeting inspection.
4. Any unresolved issues between staff and the project applicant regarding the interpretation and application of the BMR reduction program shall be reviewed and decided by the Planning Commission. The project applicant shall make application to the Planning Commission to resolve any dispute. A decision by the Planning Commission will be final unless an appeal to the City Council is filed within 10-days of notification of the Planning Commission‟s action. Units which commence on o...