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COUNTY OF HAWAII STATE OF HAWAII
T• Oi~M~~`'
BILL NO. 17
Draft 2
ORDINANCE NO. ®7
AN ORDINANCE AMENDING CHAPTER 11 (HOUSING CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING LANGUAGE TO
SECTION 11-6 TO PROVIDE CLARIFICATION FOR DETERMINING THE IN-LIEU
FEE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 11-6, article 1, chapter 11 (Housing) of the Hawaii County Code
1983 (2005 Edition, as amended), is amended to read as follows:
"Section 11-6. Calculation of in-lieu fee.
(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 asingle-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) The in-lieu fee for each completed dwelling unit not offered for sale (such as units offered
for rent) shall be twenty-five percent of: the median sales price for asingle-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. The in-lieu fee
shall be applied against all dwelling units not offered for sale."
SECTION 2. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of this ordinance which can be given effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL MBER, C Y OF H WAI`I
Hilo, Hawaii
Date of Introduction: January 4, 2007
Date of 1ST Reading: January 4, 2007
Date oft"d Reading: Janaury 19, 2007
Effective Date: February 2, 2007
REFERENCE: Comm: 44.1
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
(Draft 2)
Introduced By: Pete Hoffmann ROLL CALL VOTE
Date Introduced: January 4, 2007 C~~ i.' ~A - N ~S ABS EX
I'irstReading: January 4, 2007 Ford - X
Published: January 12, 2007 Higa i,(,t_ ~ X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
_ Naeole X
Pilago X
Yagong X
Yoshimoto X
8 0 1 0
Second Reading: January 19, 2007
"I'o Mayor: January 26, 2007 ROLL CALL VOTE
Re[urned: February 5, 2007 AYES NOES ABS EX
Effective: February 2, 2007 Ford X
Published: February 13, 2007
Higa X
Hoffmann X
REM. f RK.S
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
8 0 1 0
I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as
inclicwed above.
APPROVED AS TO
FORM AND LEGALITY:
~ ~.~~sy COON L CHAIRMA
DEPUTY CORPORATION COUNSEL ~~~t,~_;
COUNTY OF HAWAII ~,2aC"~1
I n ~ ~ b~ COUNTY ~LEI~/C
Date
17 (Draft 2)
Bill No.:
C-94/CHA
Approve Disapproved this a day Reference:
OrdNo.: ®7
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MAYOR, C TY OF HAWAI `1