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Council introduces ordinance to pilot tax-equivalent payments for proposed affordable apartment project; county attorney review pending
Summary
The council gave first reading to Ordinance 2025-2, which would approve a pilot agreement with developer TWG Cowen LP (TDD Development) for an affordable multifamily apartment project; the county attorney will review distribution of payments and the HUD income statistic used.
Delaware County Council introduced Ordinance 2025-2 for its first reading on Jan. 28, 2025, a pilot agreement connected to construction of an affordable multifamily housing development proposed by TWG Cowen LP (doing business as TDD Development).
Ryan Cohen, identified as vice president of tax credit development for the developer, attended the meeting to answer questions. Council members asked where the median gross income (used for affordable-income determinations) was sourced; Cohen said the numbers come from the U.S. Department of Housing and Urban Development (HUD) annual tables. Councilmembers also asked which taxing units would receive any payments that mimic tax distributions; Cohen said statute requires payments be distributed among county and revenue districts "as though they were taxes," and said the county attorney was reviewing the ordinance language.
The ordinance advanced on a motion for first reading; no final action was taken at the Jan. 28 meeting. Council members asked for additional legal review and said they would follow up with the developer and the county attorney before second reading.
Why it matters: The first-reading ordinance would permit a developer pilot agreement that typically routes tax-equivalent payments through the same revenue distribution channels as property taxes; council members sought clarity about distributions and statutory compliance before final approval.
Next steps: County legal staff will complete review and the council will decide on second reading at a future meeting once outstanding distribution questions and legal language are resolved.
