[Adopted 2-25-2015 by Ord. No. 317 as Ch. 30, Art. I, of the 2015 Pittsfield Charter Township Code]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACT
The State Housing Development Authority Act, being Public Act No. 346 of 1966 (MCL 125.1401 et seq.).
ANNUAL SHELTER RENT
The total collections during an agreed annual period from all occupants of a housing project representing rent or occupancy charges, exclusive of charges for gas, electricity, heat or other utilities furnished to the occupants. Housing assistance payments are deemed not to be rent or an occupancy charge.
AUTHORITY
The State Housing Development Authority.
ELDERLY
A family where the head of the household is 62 years of age or older or a single person who is 62 years of age or older.
FEDERALLY AIDED FINANCING
Financing with the assistance of § 30-6 housing assistance funds and tax-exempt financing provided under the U.S. Housing Act of 1937.
HANDICAPPED
As defined in the National Housing Act (12 U.S.C. § 1701 et seq.).
HOUSING DEVELOPMENT
A development that contains a significant element of housing for persons of low income and such elements of other housing, commercial, recreational, industrial, communal and educational facilities as the Authority determines improve the quality of the development as it relates to housing for persons of low income.
SPONSOR
Persons or entities, their successors and assigns, which have applied to HUD and others for assistance in construction and permanent financing of a housing development.
UTILITIES
Fuel, water, sanitary sewer service and/or electrical service paid by the development.
It is determined that the class of housing development to which a tax exemption shall apply and for which a service charge shall be paid in lieu of such taxes shall be limited to housing for the elderly and the handicapped, which are financed or assisted pursuant to the Act. It is further determined that Carpenter Place is of this class.
The housing development identified as Carpenter Place and the property on which it shall be constructed shall be exempt from all property taxes from and after the commencement of construction. The Township, acknowledging that the sponsor and HUD have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this article and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes are established in this article, and in consideration of the sponsor's offer, subject to receipt of federally aided financing, to construct, own and operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes. The annual service charge shall be equal to 10% of the annual shelter rent.
Notwithstanding the provisions of Section 15(a)(5) of the Act [MCL 125.1415a(5)] to the contrary, a contract between the Township and the sponsor, contractors and permanent lenders and the Authority as third party beneficiaries, to provide tax exemption and accept payments in lieu thereof is effected by enactment of this article.
The service charge in lieu of taxes as determined under this article shall be payable in the same manner as general property taxes are payable to the Township, except that the annual payment shall be paid on or before March 31 of each year.
This article shall remain in effect and shall not terminate so long as the federally aided financing remains outstanding and unpaid or the Authority has any interest in the property; provided that construction of the housing development commences within one year from September 20, 1979.