BIL 052 Draft 01 2010-2012 - Laserfiche WebLink

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SECTION 2. Chapter 11, article 1, section 11-6, of the Hawaii County Code 1983 (2005 Edition, as amended) is repealed in its entirety: SECTION 3. Chapter 11, article 1, section 11-9, of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 11-9. Sale of lots and units. (a) Before obtaining final subdivision approval or plan approval for any for -sale residential project subject to the affordable housing requirements, the applicant shall enter into an agreement with the County that the required number of homes or lots will be sold at the required affordable sales price, or that the required number of rental units will be offered for rent at the affordable rental price,[ the in lieu fee -;fie -paid upon the sale of e'er - f r sago dwelling unit or let,]or that the applicant will obtain excess credits sufficient to satisfy its requirements. (b) Before obtaining final plan approval for any resort, hotel, or industrial project, or not -for - sale residential project subject to the affordable housing requirements, the applicant shall enter into an agreement with the County that the affordable housing requirements will be met before the issuance of a certificate of occupancy for the project. (c) All agreements shall be recorded against the property[, and the lieu fee, if apphea'e'.ee-, shall be a lien payable upon the elesing of sale of eaeh unit er- lot er- prior- to the isstfaflee a (d) All for -sale affordable units and lots shall be sold only to eligible buyers during a ninety -day preferential marketing period. (e) If the developer cannot sell the units or lots to eligible buyers during the ninety -day preferential marketing period, the units shall be offered for sale to persons who are PA