HomeMy WebLinkAboutBIL 140 Draft 02 2006-2008 OFFICE INFORMATION ONLY
Meeting: Planning Committee - October 2, 2007
Action: Close File on Comms. 572, 572.1 and Bill 140, as amended to Draft 2.
Re: Comm. -572 - Bill 140 Draft 1 and Draft 2)
vv or
COUNTY OF HAWAII STATE OF HAWAII
•~M NCI
BILL NO. iatT-
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
AFFORDABLE HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and findings. The purpose of this bill is to provide that transfers of
property to family members, for non-commercial purposes, should not be included in calculating
whether a subdivision triggers an affordable housing requirement.
The council finds that the non-commercial, family-relationship aspect of such transfers
differentiates them from the typical subdivision for commercial real estate purposes.
This bill provides that a subdivider may apply to the housing agency to have lots that are
transferred to family members excluded from the number of lots that could count toward the
triggering of an affordable housing requirement.
To prevent this provision from becoming a loophole where individuals engaging in real
estate transactions avoid affordable housing requirements by transferring lots to related
individuals, the bill provides that a transfer to an individual can be excluded from the affordable
housing requirement only once in that individual's lifetime.
SECTION 2. Section 11-4, Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new subsection (e) to read as follows:
"(el A subdivider may apply to the housing a~ency to have lots excluded from
the number counted towazd the affordable housine requirement under
subsection (bl The housing aeencv shall exclude such lots from the number
counted towazd the affordable housing requirement if it finds that the
subdivision is primarily for the pumose of transferrine ownership interests to
family members without consideration other than repayment of the expenses
of the subdivision and the lot in question, upon final subdivision approval,
is:
(1) Transferred to a child of the owner of the propertv; or
j2) Transferred to a person who was a co-tenant in the propertv immediately
prior to the subdivision and who had acquired the co-tenancy interest by
devise or intestate succession from an ancestor in common with the other
co-tenants; and
(3) A transferee shall be elisible for only one such exclusion in that person's
lifetime."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance, is held invalid, such invalidity does not affect other provisions or
applications of the 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.
INTRODUCED BY:
COUNCI MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFER~hCE: Comm: 5~,_,.~
2