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Home My WebLink AboutORD 2012-081 2010-2012COUNTY OF HAWAII STATE OF HAWAII BILL NO. 226 ORDINANCE NO. 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 and sell affordable for -sale units on -site; (2) Construct and sell affordable finished lots on -site, but only if the entire project consists of finished lots; (3) Construct and sell affordable for -sale units off -site, but within a fifteen -mile radius of the project site; (4) Construct and rent affordable rental units on -site, or off -site, within a fifteen -mile radius of the project site; (5) Convey to the County or, at the County's direction to a non - profit entity, developable land within a fifteen -mile radius of the project site. The [ value of the ] land to be conveyed shall be [ : - ] acceptable to and approved by the OHCD, with availability of road access, water, electricity, telephone service and without unusual site conditions that make it difficult to build a home, to accommodate the number of homes [ 100% of the sales price of the affordable ] the developer would be required to provide if its required credits were earned by selling completed dwelling units to households with a family size of four earning 110% of median income per section 11 -7(a); developers conveying finished lots with road access, drainage, water, electricity and sewer when sewer lines are available, shall be entitled to a 50% reduction of the affordable housing requirement. (6) Convey to the County or, at the County's direction to a non - profit entity, infrastructure within a fifteen -mile radius of the project site. The value of the infrastructure to be conveyed shall be determined by appraisal and shall be not less than 100% of the sales price of the affordable homes that the developer would be required to provide level if its required credits were earned by selling completed dwelling units to households with a family size of four earning 110% of median income per section 11 -7(a). Any infrastructure provided must be directly related to the future provision of affordable housing; (7) Obtain excess credits from another developer pursuant to section 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 to qualified households earning 120 -140% of median: 0.5 credit per unit; (2) Sale of completed dwelling units affordable to qualified households earning 100 -120% of median: 1.0 credit per unit; (3) Sale of completed dwelling units affordable to qualified households earning 80 -100% of median: 1.5 credits per unit; (4) Sale of completed dwelling units affordable to qualified households earning less than 80% of median: 2.0 credits per unit; (5) Construction and rental of rental units affordable to qualified households earning 100- 120% of median: 0.5 credit per unit; (6) Construction and rental of rental units affordable to qualified households earning 80- 100% of median: 1.0 credit per unit; (7) Construction and rental of rental units affordable to qualified households earning 60- 80% of median: 1.5 credits per unit; (8) Construction and rental of rental units affordable to qualified households earning less than 60% of median: 2.0 credits per unit; (9) Sale of finished lots affordable to qualified households earning no more than 100% of median: 0.5 credit per lot; (10) Sale of finished lots affordable to qualified households earning no more than 80% of median: 1.0 credit per lot; (11) Conveyance 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 conveyance 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: 2 (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 (e) The units shall be constructed so that the unit size, the number of bedrooms, and the bedroom sizes of the affordable units are respectively consistent to the unit size, the number of bedrooms, and the bedroom sizes of the market units." SECTION 2. 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 3. 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 application of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. Kona , Hawai`i Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Effective Date: April 17, 2 April 17, 2012 May 2, 2012 May 16, 2012 INTRODUCED BY: COUNCIL E', CO TYOF HAW •I`I REFERENCE: Comm. 663 3 OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i Introduced By: Pete Hoffmann Date Introduced: April 17, 2012 First Reading: April 17, 2012 Published: April 26, 2012 REMARKS: Second Reading: May 2 , 2012 To Mayor: May 11 , 2012 Returned: May 16, 2012 Effective: May 16, 2012 Published: May 24, 2012 REMARKS: CC;"' ' L .v -7 ' �l..l.._•.'ii 20?? "iv 16 PM 2: 28 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the indicated above. APPROVED AS TO FO fl AND LEG LITY D" PU Y CORPORATI COUNSEL COU 'TY OF HAWAI'I Date MAY 1 2012 ,20 iL MAYOR, COUNT HAWAI'I day my Council published as COUNCIL CHAIRP 'NW 1 UNTY CLERK Bill No.: Reference: Ord No.: 226 C- 663 /Council 12 S1