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Home My WebLink AboutORD 2011-038 2010-2012 11.9.! h,. � i COUNTY OF HAWAII •: , N , f' ‘'"e/'• - STATE OF HAWAI I ORDINANCE NO. 11 3$ BILL NO. (DRAFT 2) AN ORDINANCE AMENDING CHAPTER 11, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING POLICY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 11, article 1, section 11 -5, of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 11 - 5. Satisfaction of affordable housing requirements. (a) The developer may satisfy the affordable housing requirements by doing any of the following: (1) Construct affordable for -sale units on -site; (2) Construct affordable finished lots on -site, but only if the entire project consists of finished lots; (3) Construct affordable for -sale units off -site, but within a fifteen -mile radius of the project site; (4) Construct affordable rental units on -site, or off -site, within a fifteen -mile radius of the project site; (5) Pay in -lieu fees to the Agency; (6) Provide developable land, within a fifteen -mile radius of the project site, with a value determined by appraisal, that shall be credited against the in -lieu fee; (7) Provide infrastructure, within a fifteen -mile radius of the project site, that shall be credited against the in -lieu fee. Any infrastructure provided must be directly related to the future provision of affordable housing; (8) With the approval of the administrator, construct housing on -site or off -site, that addresses a critical regional housing need, at least equivalent to satisfying the requirements of any sub - sections (1) -(4) above, provided that the project must be located within the allowable areas for in -lieu fees under sec. 11 -12; (9) Obtain excess credits from another developer pursuant to sec. 11 -15. (b) The affordable unit or finished lot shall be completed with road access, drainage, water, electricity, sewer lines, if required, and telephone, and, in the case of finished lots, shall not have unusual site conditions that make it difficult to build a home. (c) Affordable housing credits. The developer shall earn affordable housing credits as follows: (1) Sale of completed dwelling units affordable for qualified households earning 120- 140% of median: 0.5 credit per unit; (2) Sale of completed dwelling units affordable for qualified households earning 100- 120% of median: 1.0 credit per unit; (3) Sale of completed dwelling units affordable for qualified households earning 80 -100% of median: 1.5 credits per unit; (4) Sale of completed dwelling units affordable for qualified households earning less than 80% of median: 2.0 credits per unit; (5) Construction of rental units affordable for qualified households earning 100 -120% of median: 0.5 credit per unit; (6) Construction of rental units affordable for qualified households earning 80 -100% of median: 1.0 credit per unit; (7) Construction of rental units affordable for qualified households earning 60 -80% of median: 1.5 credits per unit; (8) Construction of rental units affordable for qualified households earning less than 60% of median: 2.0 credits per unit; (9) Sale of finished lots affordable for qualified households earning no more than 100% of median: 0.5 credit per lot; (10) Sale of finished lots affordable for qualified households earning no more than 80% of median: 1.0 credit per lot; (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 80% 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. (d) Affordable housing percentage requirements. (1) If the developer will satisfy its affordable housing requirements by constructing completed dwelling units for sale or rental, the affordable prices at which the units are sold shall be such that: (A) A minimum of 20% of the required affordable housing credits are earned at a 1 or greater credit per unit level; (B) A minimum of 30% of the required affordable housing credits are earned at a 1.5 or greater credit per unit level; and (C) A minimum of 40% of the required affordable housing credits are earned at the 2 per unit credit level. (2) If the developer will satisfy its affordable housing requirements by offering finished lots, the lots shall be sold at a range of affordable prices, such that: (A) A minimum of 20% of the required affordable housing credits are earned at a .5 or greater per unit credit level; and (B) A minimum of 20% of the required affordable housing credits are earned at the 1.0 per unit credit level SECTION 2. Chapter 11, article 1, section 11 -14, of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: 2 "Section 11 -14. Resale restrictions. The Agency shall establish resale restrictions by rule to ensure that units created under this policy remain affordable. Such rules may include, but not be limited to, buy -back, shared appreciation, and other restrictions. The administrator may be delegated the authority to select the resale restriction applicable to a particular project. Notwithstanding any provision or rule to the contrary, for a period of ten years from the first date of sale of any affordable unit created in satisfaction of the requirements of this Chapter, said unit may only be sold to another eligible buyer in the same or lower median income level as the original purchaser of said unit. Organizations classified under Section 501 (c) of the United States Internal Revenue Code and those that utilize United States Department of Agriculture funding programs are exempt from resale restrictions applicable to eligible buyers in the same or lower median income level." SECTION 3. Severability. 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 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 4. New material is underscored. In printing this ordinance, underscoring need not be included. SECTION 5. This ordinance shall take effect upon its approval. IN RODUCED BY: ' / COUNCIL M R, CO i TY OF HA AI`I Hilo , Hawai`i Date of Introduction: March 2, 2011 [ - - -- Date of 1st Reading: March 2, 2011 Date of 2nd Reading: April 6, 2011 Effective Date: April 25, 2011 REFERENCEI Comm. 108.3 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawai`i r Introduced By: Pete Hoffmann ROLL CALL VOTE Date Introduced: March 2, 2011 AYES NOES ABS EX First Reading: March 2, 2011 Blas X Published: March 12, 2011 Ford X Hoffmann X REMARKS: Amended to Draft 2 and held Ikeda X over pursuant to Council Rule 24 (e) - Onishi X March 16, 2011 Pilago X Smart X Yagong X Yoshimoto X Second Reading: April 6, 2011 9 0 0 0 To Mayor: April 14, 2011 (Draft 2) Returned: April 25, 2011 ROLL CALL VOTE Effective: April 25 2011 AYES NOES ABS EX Published: May 4, 2011 Blas X Ford X REMARKS: Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 �' 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEG LI Y: � COUN 7L C RPER .RPO ATION COUN EIL COUNTY OF HAWAII • 1` r` OUNT CLERK Date j y ( I 28 (Draft 2) Bill No.: ' Reference: C- 108.3 /Council Approved/ I Is spproved this ?. a day 20 ii Ord No.: 11 36 MAYOR, COUNTY OF HAWAII Ordinances Numbered 11 -38 and 11 -39 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on April 6, 2011, by vote, as listed below: Ordinance 11 -38 (Bill 28, Draft 2): An Ordinance Amending Chapter 11, Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Affordable Housing Policy. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 11 -39 (Bill 33): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2011. AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Hoffmann and Pilago — 2; EXCUSED: None. Tu ae K. K. Kawauchi nty Clerk (Hawai`i Tribune - Herald — May 4, 2011) (West Hawai`i Today — May 4, 2011)