HomeMy WebLinkAboutBIL 052 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Council—August 17, 2011
Action: Withdrawn by introducer (Mr. Hoffmann) at 1" reading.
County Housing Agency Approved: May 3, 2011
Council Postponed: May 17 & June 1, 2011
Re: Bill 52; Comm. 201 (2010-2012 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 52
AN ORDINANCE AMENDING CHAPTER 11, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED), RELATING TO REMOVAL OF IN -LIEU FEES FROM
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 Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(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 i lief fees to the A geney;
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(6)] (5) Provide developable land, within a fifteen -mile radius of the project site, with a
value determined by appraisal [, that shall be ___a.+_a against the in liett fee;] that
satisfies the requirements of subsection (c) and section 11-7;
[(-7)](6) Provide infrastructure, within a fifteen -mile radius of the project site, [that shall b
..o,l:tva against the it liett fee.] with a value determined by appraisal that satisfies the
requirements of subsection (c) and section 11-7. Any infrastructure provided must be
directly related to the future provision of affordable housing;
[ ,
addresses a er-itieal regional hettsing need, at least equivalent to sa4isfying t
requirements of an), sub seetions (1) (4) above, pr-evided that the pr-qjeet must
located within the allowable areas fer- in lieu fees under- see. 11 12;
(9)] (7) Obtain excess credits from another developer pursuant to [see.] section 11-15."
SECTION 2. Chapter 11, article 1, section 11-6, of the Hawaii County Code 1983
(2005 Edition, as amended) is repealed in its entirety:
SECTION 3. Chapter 11, article 1, section 11-9, of the Hawaii County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 11-9. Sale of lots and units.
(a) Before obtaining final subdivision approval or plan approval for any for -sale residential
project subject to the affordable housing requirements, the applicant shall enter into an
agreement with the County that the required number of homes or lots will be sold at the
required affordable sales price, or that the required number of rental units will be offered for
rent at the affordable rental price,[ the in lieu fee -;fie -paid upon the sale of e'er -
f r sago dwelling unit or let,]or that the applicant will obtain excess credits sufficient to
satisfy its requirements.
(b) Before obtaining final plan approval for any resort, hotel, or industrial project, or not -for -
sale residential project subject to the affordable housing requirements, the applicant shall
enter into an agreement with the County that the affordable housing requirements will be
met before the issuance of a certificate of occupancy for the project.
(c) All agreements shall be recorded against the property[, and the lieu fee, if apphea'e'.ee-,
shall be a lien payable upon the elesing of sale of eaeh unit er- lot er- prior- to the isstfaflee a
(d) All for -sale affordable units and lots shall be sold only to eligible buyers during a ninety -day
preferential marketing period.
(e) If the developer cannot sell the units or lots to eligible buyers during the ninety -day
preferential marketing period, the units shall be offered for sale to persons who are
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otherwise eligible, but have previously owned a residence, for an additional period of thirty
days. If a unit or lot cannot be sold after the one hundred twenty -day period, the developer
may sell the unit or lot to any person at the affordable sales price. The Agency may also
purchase the unit or lot after the ninety -day preferential marketing period at the affordable
sales price."
SECTION 4. Chapter 11, article 1, section 11-12, of the Hawaii County Code 1983
(2005 Edition, as amended) is repealed in its entirety:
"Section 11-12. [Use of in lieu fees.] Repealed.
[The in lieu fee shall be used to suppeft affordable housing loeated no mefe than twenty
five miles, as measufed on a stfaight line, ftem the pr-ojeet that generated the in lieu fee pr-evid
SECTION 5. 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 6. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 7. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCES Comm. 201