HomeMy WebLinkAboutORD 2007-109 2006-2008 COUNTY OF HAWAII m=LL'~'ATE OF HAWAII
BILL NO. lls
ORDINANCE NO f)7 109
AN ORDINANCE AMENDING CHAPTER 11 (HOUSING CODE) OF THE HAWAII
COUNTY CODE 1983 (1995 EDITION), AS AMENDED BY ORDINANCE 05-23,
BY AMENDING SECTIONS 11-3 (5) TO REQUIRE AFFORDABLE UNITS TO BE
THE PRIMARY RESIDENCE OF A BUYER OR RENTER AND 11-5(C) TO ENSURE
THAT DEVELOPERS MAINTAIN AFFORDABILITY AND COMPLIANCE WITH
RESALE RESTRICTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 11-3(5), Article 1, Chapter 11
(Housing) of the Hawaii County Code, is amended to add the
following:
Section 11-3(5). Definitions.
(5) "Affordable unit" or "affordable housing unit" means a
lot or dwelling unit for sale or lease which serves as the
primary residence for the respective buyer or renter and is
affordable to qualified households earning no more than the
percentages of the median income in the County of Hawaii as
stated in this chapter;
SECTION 2. Section 11-5(c), Article 1, Chapter 11
(Housing) of the Hawaii County Code, is amended to add the
following:
Section 11-5(c). Satisfaction of affordable housing
requirements.
(11) Donation of land to a nonprofit corporation or
governmental agency for construction of for-sale
housing units affordable for qualified households
earning no more than 800 of the median, or
construction of for-rent housing units affordable for
qualified households earning no more than 60% of the
median, subject to the approval of the administrator
of the feasibility, location, and type of project.
After the approval of the administrator, the credits
are earned upon the donation of the land: 1.0 credit
per unit[.]_
(12) A developer shall ensure that each affordable housing
unit for which credit was earned or awarded shall
comply with resale restrictions established by Section
11-14.
SECTION 3. Material to be repealed is bracketed.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 4. If any provision of this ordinance or the
application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
application 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 5. This ordinance shall take effect upon its
approval.
SECTION 6. The Clerk of the County of Hawaii is directed
to insert the effective date of this ordinance in any section of
the County Code which requires reference to this date.
INTRODUCED BY:
COUNCIL MFG B R, CO OF WAI`
Kona Hawaii
Date of Introduction: July 10, 2007
Date of 1st Reading: July 10, 2007
Date of 2nd Reading: July 25, 2007
Effective Date: August 14, 2007
REFERcNCE; Comm. aRs
-2-
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kong Hawaii
Introduced By: Pete Hoffmann ROLL I,,,V ,
Date[ntroduced: July 10, 2007 AYE9~~ NOES A~ S" EX
First Reading: July 10, 2007 Ford X
Published: N/A Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
6 0 3 0
Second Reading: July 25, 2007
To Mayor: August 2, 2007 ROLL CALL VOTE
Returned: August 14 2007 AYES NOES ABS EX
Effective: August 14, 2007 Ford X
Published: August 24, 2007 Higa X
Hoffmann X
REMARKS.' Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
/ DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM ND LEG ITY:
/f. COU CI , CHA(I~RMAN
DEP TY CORPORATION OUNSEL ~ UtJ~~t-wu+-.i
COUNTY OF HAWAII R/X/
COUNTI\C E
Date Y~~~07
115
Bill No.:
I~~J C-485/CHA
Approv Disapproved this dQy Reference:
Ord No.: y7 109
of , 20,~__
C
R, COU FHAWAI`I