Impact Fee Ord_Duncan Draft_ 9_15_06

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DRAFT paid for the housing unit. The money shall be provided by the County to the homebuyer at the time of closing on the sale of a newly-built housing unit to reduce the size of the mortgage. For owner-builders, the money will be used to pay the impact fees at the time of building permit issuance. (b) The loan shall be due and payable when the recipient sells the house or no longer occupies it as a principal residence, whichever occurs first. (c) To apply for the affordable housing deferral, the buyer must provide the following: (1) Federal income tax returns for all persons whose name will be listed on the title; and (2) a notarized affidavit signed by each person whose name will be listed on the title stating that they have never been listed on the title of a housing unit. (d) To qualify for an affordable housing deferral loan, the following conditions must be met: (1) the combined adjusted gross income of all persons whose names will be listed on the title is less than 140 percent of the median adjusted gross income for households in Hawaii County as reported by the U.S. Department of Housing and Urban Development or its governmental successor in function; and (2) the purchase price of the housing unit is less than the median home sales price in Hawaii County for the most recent 12-month period for which data is available from the Hawaii County Real Property Tax Office or other source. In the case of an owner-builder, the price of the unit shall be estimated based on the market value of the land as recorded by the Real Property Tax Office and the estimated construction cost used on the building permit application. (e) An affordable housing trust fund shall be created to provide funding for the zero- interest loans. No impact fee receipts will be deposited in the affordable housing trust fund. The primary initial source of funding for the affordable housing trust fund will be non-impact fee appropriations from the County’s general fund. The proceeds of loan repayments under this program shall be deposited back into the affordable housing trust fund. Section 36-9. Independent fee calculation. (a) The impact fee may be computed by the use of an independent fee calculation study at the election of the applicant, or upon the request of the impact fee administrator, for any proposed land development activity interpreted as not one of those types listed on the fee schedule or as one that is not comparable to any land use on the fee schedule, and for any proposed land development activity for which the impact fee administrator concludes the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule. (b) The preparation of the independent fee calculation study shall be the sole responsibility and cost of the applicant. (c) Any person who requests to perform an independent fee calculation study shall pay Draft Hawaii County Impact Fee Ordinance Duncan Associates, September 15, 2006, p. 8