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(2) All new rezonings to resort, including hotels established in V, CV, CG, <br />CDH or PD districts; <br />(3) All new rezonings to ML, MG, and MCX districts; <br />(4) All prior rezoning actions which contain affordable housing conditions <br />that have not been satisfied as of the effective date of this ordinance, or to <br />which the County has not agreed previously as to the specific means of <br />satisfying the requirements[.]; <br />(5) All final subdivision approvals creating additional lots where residential <br />uses aze allowed including farm dwellings where the additional lots aze <br />less than five acres in size; <br />(6) All final man annrovals for a condominium property regime where <br />residential uses are allowed including farm dwellings, and the units are <br />less than five acres in size; and <br />(7) All plan annrovals for buildings which allow residential uses. " <br />SECTION 3. Section 11-4, Hawaii County Code, is hereby amended by adding a new <br />subsection (e) to read as follows: <br />"(e) To prevent a developer from avoiding the affordable housing requirements by <br />developing in increments of less than five units all residential units or lots created <br />on a lot existing on the effective date of this ordinance shall be included in <br />determining the affordable housing requirements." <br />SECTION 4. Section 11-9, subsection (a), Hawaii County Code, is hereby amended to <br />read as follows: <br />"Section 11-9 Sale of lots and units. <br />(a) Before obtaining final subdivision approval final man approval for a <br />condominium pronerty regime, or plan approval for any for-sale residential <br />project subject to the affordable housing requirements, the applicant shall enter <br />into an agreement with the County that the required number of number of homes <br />or lots will be sold at the required affordable sales price, or that the required <br />number of rental units will be offered for rent at the affordable rental price, or that <br />the in-lieu fee will be paid upon the sale of each for-sale dwelling unit or lot, or <br />that the applicant will obtain excess credits sufficient to satisfy its requirements." <br />SECTION 5. Section 11-17, Hawaii County Code, is hereby amended by adding a new <br />subsection to read as follows: <br />