BIL 080 Draft 02 2010-2012 - Laserfiche WebLink

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SECTION 3. Chapter 11, article 1, section 11 -6 of the Hawai`i County Code 1983 (2005 Edition, as amended) is repealed in its entirety: [ (a) The in lieu fee for a completed dwelling unit shall be twenty five percent of: the actual sales price of the unit minus the affordable price for households earning one hundred twenty percent of the median. The in lieu fee shall be applied against all dwelling units, affordable and market. (b) The in lieu fee for a finished lot shall be twenty five percent of: the actual sales price of the lot minus the affordable price for households earning one hundred percent of the median. The in lieu fee shall be applied against all dwelling units, affordable and market. (c) The in lieu fee for each required affordable dwelling unit for resort, hotel, and industrial uses shall be twenty five percent of: the median sales price for a single family home in the tax map zone containing the project, in the previous calendar year, minus the affordable price for households earning one hundred twenty percent of the median. (d) for rent) shall be twenty five percent of: the median sales price for a single family home in the tax map zone containing the project in the previous calendar year, minus the affordable shall be applied against all dwelling units not offered for sale. "] SECTION 4. Chapter 11, article 1, section 11 -9 of the Hawai`i 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, [or that the in lieu fee will be paid upon the sale of each for sale dwelling unit or lot,] 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 that the in lieu fee, if applicable, shall be a lien payable upon the closing of sale of each unit or lot or prior to the issuance of a certificate of occupancy under subsection (b)]. (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] there shall be a second ninety -day period wherein the developer shall, in consultation with one or more OHCD- approved homeownership counselors, actively market the unsold units or lots to clients of those homeownership counselors, provided those clients either are or may be qualified to 4