The purpose of this article is to establish guidelines and criteria for a housing assistance program(s) and ensure that future housing developments contribute to the attainment of owner occupied housing or rental housing that is affordable to very low, low and moderate income households within the Town of Davie. It is further the purpose of this article to require certain residential developments to provide inclusionary units, which may include bonus density units, or if otherwise authorized in this article, payment of an in-lieu fee to the affordable housing trust fund. The provisions contained within this article shall be evaluated by the town administrator or his designee annually after the effective date of this section for their effect in the facilitation of development, including that of affordable housing.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. 2015-017, § 2(Exh. A), 6-10-15; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

The following words, terms and phrases when used in this section shall have the meanings ascribed to them as set forth below except where the context clearly indicates a different meaning. Affordable housing program policies and procedures. Administrative policies and procedures shall be approved by resolution of the town council.

Affordable housing trust fund. Trust fund established by the town for the purpose of collecting the required fees and disbursing funds for affordable housing programs in accordance with the criteria set forth.

Affordable housing unit. Housing built with funding from federal, state, local or private resources and designated for affordable housing for moderate, low and very low income households.

Affordable owner-occupied housing unit. A dwelling unit for which the mortgage payment (including principal, interest, taxes and insurance) does not exceed thirty (30) percent of the gross income of the households that meet the income criteria and also meet the other requirements of the town's affordable housing programs.

Affordable renter-occupied housing unit. A dwelling unit for which the rental payment does not exceed thirty (30) percent of the gross income of the households that meet the income criteria and also meet the other requirements of the town's affordable housing programs.

Annual gross income. Annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R. part 5.609.

Assets. All real estate property, stocks, bonds, and cash, or other liquid assets, that are not part of a retirement investment plan or pension plan.

Casualty reconstruction units. Residential units which must be reconstructed as a result of damage caused by fires, floods, hurricanes or other acts of God.

Density bonus unit. A dwelling unit which is made available to a landowner by way of a discretionary decision of the town council, such as, but not limited to, assignment of residential flex units, a land use plan amendment, land use text amendment, rezoning, variance, special permit, or utilization of density bonuses which are authorized by the Broward County Comprehensive Plan but approved at the discretion of the town council.

Developer. Any person, firm, partnership, association, joint venture, corporation or any combination of said entities.

Development. A housing development, including any mixed use residential development at one location including dwelling units for which approvals have been granted.

Eligible household. A household determined by the town to have an annual gross income which qualifies for one (1) of the three (3) income categories described in the following table.

Table 1

Household. One (1) person living alone or two (2) or more persons sharing residency whose income is considered for the affordable housing program.

Inclusionary unit. A housing unit offered to eligible households and restricted by covenants.

Market rate unit. A unit in a residential development other than those designated as an inclusionary unit.

Owner. The person or persons who hold title to the property as indicated in the Broward County Public Records and is the mortgagor.

Primary residence. The legal residence of the household and qualifies for homestead exemption, if an owner occupied unit.

Resale gap. The difference between the required resale price of an inclusionary unit and the original purchase price plus closing costs.

Residential development. A development at one (1) location of any single family, duplex, townhouse, condominium dwelling, or other residential unit in residential or mix-use developments. Residential development shall include the conversion of rental housing to condominiums or similar residential uses.

Sales price. The contracted price as designated at closing as the sale price of the residential unit.

Town. Town of Davie, Florida.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

A.

Applicability. All new residential developments of one hundred (100) units or more shall provide inclusionary units as follows:

(1)

The minimum rate of inclusionary units shall be twenty (20) percent and the payment in lieu option shall only be authorized as set forth in section 12-578.

(2)

Any required inclusionary units shall be restricted in a manner acceptable to the town attorney to occupancy by eligible households for a period consistent with county, state or federal guidelines, based upon source of funding, but no less than twenty (20) years.

(3)

When determining the number of required inclusionary units, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

B.

Density bonus units. Density bonus units which are offered as an incentive pursuant to section 12-574 shall not be counted in determining the required number of inclusionary units pursuant to this section (12-573).

C.

Reserved.

D.

Reserved.

E.

Reserved.

F.

After approval of the application for site plan approval but prior to issuance of a building permit for any affordable or market-rate residential units, a declaration of restrictive covenants, in the form approved by the town attorney's office, shall be recorded in the Public Records of Broward County, Florida.

G.

The town administrator or his designee shall maintain a listing of those approved projects that are available for eligible households.

H.

This article shall not apply to residential units that are designated as casualty reconstruction projects.

I.

This article shall not apply to housing developments constructed under designated state and/or federally funded programs for the construction of housing for low and moderate-income seniors.

J.

This article shall not apply to applications for new residential development submitted between May 1, 2011, and May 1, 2015, provided that such development is approved by the town no later than May 1, 2017 and constructed no later than May 1, 2022.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. 2011-22, § 2(Exh. A), 6-15-11; Ord. No. 2013-6, § 2(Exh. A), 3-6-13; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

A.

Inclusionary housing incentive offer. Based on the information provided in the inclusionary housing plan submitted pursuant to section 12-575 and any other relevant evidence, the town administrator, or designee, shall prepare an inclusionary housing incentive offer, providing an itemized list of incentives which in total would be sufficient to compensate the developer for the full amount of the opportunity cost associated with the development of the inclusionary units required by this article as compared to the development of the proposed market-rate units. The inclusionary housing incentive offer shall not offer density bonus units for parcels designated by the town's comprehensive plan as residential five (5) dwelling units per gross acre or less. The inclusionary housing incentive offer shall be provided to the applicant no later than fourteen (14) days prior to date that the planning and zoning board will first consider the development proposal.

B.

Allowable incentives. The inclusionary housing incentive offer may include any of the following incentives:

(1)

Density bonus units.

(2)

Reduction or waiver of town development review fees.

(3)

Reduction or waiver of town building permit fees.

(4)

Reduction or waiver of town impact fees.

(5)

Expedited review of town development applications and building permit applications.

(6)

Expedited building inspection services.

(7)

Town financial contributions from appropriate revenue sources, such as the Affordable Housing Trust Fund, Community Development Block Grant and State Housing Initiative Partnership funds.

(8)

Variances, special permits, design waivers, payment in lieu and similar actions approved by town council.

C.

Final reconciliation of requirements and incentives. As part of the review of the site plan or other relevant development application involving compliance with this article, the town council shall consider the inclusionary housing incentive offer and incorporate the offer into the conditions of approval, modify the offer as otherwise authorized by this article or withdraw the offer. If for any reason the final inclusionary housing incentive offer is insufficient to fully compensate the developer for the amount of inclusionary housing units required by section 12-573(A), the town council shall waive all or part of the inclusionary housing requirements set forth in this article as necessary to ensure that the developer is not required to provide inclusionary housing units without compensation.

(Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2021-030, § 2(Exh. A), 11-3-21; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

Editor's note— Ord. No. O2020-002, § 2(Exh. A), adopted Feb. 5, 2020, repealed the former § 12-574 and enacted a new § 12-574 as set out herein. The former § 12-574 pertained to density bonuses and derived from Ord. No. 2008-17, § 1, adopted May 7, 2008; and Ord. No. 2014-23, § 2(Exh. A), adopted Dec. 2, 2014.

A.

Every residential development to which this section applies shall include an inclusionary housing plan as part of the application submittal for site plan approval.

B.

The inclusionary housing plan shall include the following:

(1)

The number, location, structure (attached, semi-attached or detached), and size of the proposed market rate and inclusionary units and the basis for calculating the number of inclusionary units;

(2)

A site plan depicting the location of the inclusionary units and the market rate units;

(3)

The income levels to which each inclusionary unit will be made affordable;

(4)

The methods to be used to advertise the availability of the inclusionary units;

(5)

For a phased development, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of development;

(6)

An estimate of the initial sales price and/or the initial monthly rental price of each proposed dwelling unit in accordance with the maximum rent limits published by the Housing and Urban Development Department (HUD) annually;

(7)

An assessment of the developer's opportunity cost associated with the development of the inclusionary units required by this Article as compared to the development of the proposed market-rate units. In the case of "for sale" units, the differential shall be based on the anticipated sales price of each dwelling unit at the time of the initial sale, whereas in the case of rental units, the differential shall be based on the total profit anticipated for each unit twenty (20) years from the date of completion;

(8)

Any additional information reasonably requested by the town administrator or his designee to assist with evaluation of the inclusionary housing plan.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

Inclusionary units built pursuant to this article shall conform to the following standards:

A.

Design. Except as otherwise provided in this article, inclusionary units must exhibit identical construction quality, exterior design, interior finishes and features as the market rate units, ensuring consistency and parity across all dwellings.

B.

Unit mix. Inclusionary units shall be evenly distributed throughout the development and shall not be clustered.

C.

Timing of construction. A certificate of occupancy for inclusionary units must be issued concurrently with or prior to the certificate of occupancy of market rate units of the development. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

Editor's note— Ord. No. O2020-002, § 2(Exh. A), adopted Feb. 5, 2020, repealed § 12-577, which pertained to expedited review of plans and derived from Ord. No. 2008-17, § 4, adopted May 7, 2008.

A.

The inclusionary unit requirement of section 12-573 may be satisfied by developer by paying an "in lieu" fee to the town to be deposited into the town's affordable housing trust fund, except that the "in lieu" fee option is not authorized for lands designated transit oriented corridor on the future land use map.

B.

Town council shall make the final determination of acceptance of payment in lieu option.

C.

The "in lieu" fee shall be established by resolution of the town council based on either the typical production cost for affordable units or the average affordability gap within the regional housing market. The "in lieu" fee methodology shall be reviewed periodically and may be adjusted as needed based on current or projected market conditions.

D.

The "in lieu" fee shall be paid in one (1) of the following methods:

1.

Single lump sum, paid prior to the issuance of a certificate of occupancy for the first new residential unit.

2.

For-sale units only: Incremental payments, pro-rated on a building-by-building basis as established at the time of site plan approval.

3.

Rental units only: Incremental payments, based on an agreement acceptable to the town attorney, providing for graduated payments based on expected project income within a period of no more than three (3) years after issuance of a certificate of occupancy.

The fee shall be reviewed periodically and may be adjusted by resolution of the town council based on housing market conditions and affordable housing assistance strategies.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. 2015-017, § 2(Exh. A), 6-10-15; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

Editor's note— Ord. No. O2025-025, § 2(Exh. A), adopted June 3, 2025, repealed § 12-579, which pertained to alternative compliance and submittal of proposed developers agreement for approval by town council and derived from Ord. No. 2008-17, § 4, adopted May 7, 2008.

No household may purchase or lease an inclusionary unit unless the household is an eligible household pursuant to the requirements of this article and the eligible household must occupy the housing unit as its primary residence.

(Ord. No. 2008-17, § 4, 5-7-08)

A.

Initial sales price. The initial sales price of an inclusionary unit to an eligible household shall be set such that the monthly mortgage payment, including interest and property taxes, permits the unit to be an affordable housing unit for the family size in accordance with the town's affordable housing policies and procedures.

B.

Transfers of property under the following circumstances shall be allowed and are not subject to restrictions included in this program provided that the property is still the primary residence of the subsequent owner of record.

1.

Transfers by inheritance to the purchaser-owner's spouse or offspring; or

2.

Transfers to a spouse as part of a divorce proceeding; or

3.

Acquisition of ownership or interest therein in conjunction with marriage.

Any other transfers shall be treated as if there is a sale of the property and the applicable provisions of this article shall control.

C.

Resale price of inclusionary unit. The maximum sales price for an inclusionary unit shall be in accordance with the town's affordable housing policies and procedures. Any resale of an inclusionary unit during the fifteen-year period in accordance with the recorded covenant shall be sold to an eligible household. The price must be set such that the monthly mortgage payment, including interest and taxes, permits the unit to be an affordable housing unit for the family size in accordance with the town's affordable housing policies and procedures.

D.

Rental prices.

1.

Rental prices are established per income level type and size as detailed in the inclusionary housing plan and leased to eligible households. The monthly price will be an affordable housing unit at the time of lease signing in accordance with the town's affordable housing policies and procedures.

2.

After the signing of the first lease with an eligible household, renewal leases may be granted in the following circumstances per household income type:

(a)

Very low income household's annual gross income may increase to an amount not to exceed one hundred forty (140) percent of fifty (50) percent of the applicable median income adjusted for family size.

(b)

Low income household's annual gross income may increase to an amount not to exceed one hundred forty (140) percent of eighty (80) percent of the applicable median income adjusted for family size.

(c)

Moderate income household's annual gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred twenty (120) percent of the applicable median income adjusted for family size.

(d)

Upon request of the town, the eligible household shall submit documentation in a form acceptable to town, and as outlined in the town's affordable housing policies and procedures, that the household is eligible to continue as an eligible household occupying an inclusionary unit.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

Editor's note— Ord. No. O2025-025, § 2(Exh. A), adopted June 3, 2025, repealed § 12-582, which pertained to qualifications for eligible household under the inclusionary affordable housing programs and derived from Ord. No. 2008-17, § 4, adopted May 7, 2008.

A.

Priority shall be given to the following applicants:

1.

Davie Police, Fire Department employees or general employees of the Town of Davie meeting program income limits.

2.

Town of Davie residents meeting program income limits and working full time-time as teachers and educators, other school district, community college, and university employees, police and fire personnel, health care personnel, skilled building trades personnel.

3.

Davie residents involuntarily displaced by mobile home park closure.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

Editor's note— Ord. No. O2025-025, § 2(Exh. A), adopted June 3, 2025, amended § 12-583 and in doing so changed the title of said section from "Priority for participation in affordable housing purchase programs" to "Priority for participation in affordable housing purchase programs funded by the affordable housing trust fund," as set out herein.

A.

Priority shall be given to the following applicants:

1.

Davie Police, Fire Department employees, or general employees of the Town of Davie meeting program income limits.

2.

Town of Davie residents meeting program income limits and working full time as teachers and educators, other school district, community college and university employees, police and fire personnel, health care personnel, skilled building trades personnel.

3.

Davie residents involuntarily displaced by mobile home park closure.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)

Editor's note— Ord. No. O2025-025, § 2(Exh. A), adopted June 3, 2025, amended § 12-584 and in doing so changed the title of said section from "Priority for participation in affordable housing rental programs" to "Priority for participation in affordable housing rental programs funded by the affordable housing trust fund," as set out herein.

The town shall establish an affordable housing trust fund for the purpose of collecting any and all funds related to the town's affordable housing programs pursuant to this article. Such funds shall include but not be limited to payment of fees in lieu of inclusionary units, shared appreciation dollars collected at the closing of sales of designated properties, money derived from bonding, and any fees generated by county ordinance, state or federal law.

A.

The funds collected for deposit in the affordable housing trust fund may be utilized but shall not be limited to the following affordable housing programs:

1.

Acquisition and construction of affordable housing units;

2.

Down payment assistance to eligible households;

3.

Resale gap for inclusionary units;

4.

Enhancement of county, state and federal affordable housing programs;

5.

Rehabilitation of existing affordable housing units;

6.

Rent subsidy assistance, which may include security and/or utility deposits and payment of rent; and

7.

Administration and oversight of programs supported by the affordable housing trust fund.

B.

The town council may from time to time by resolution authorize additional programs which may be funded through the affordable housing trust fund.

C.

The town administrator, or his designee, shall provide the required supervision for the affordable housing trust account and the town administrator or his designee shall oversee the account. A financial status report on the affordable housing trust account shall be provided to the town council on or before October 1 of each calendar year.

(Ord. No. 2008-17, § 4, 5-7-08; Ord. No. O2025-025, § 2(Exh. A), 6-3-25)