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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 17 Draft 2 ORDINANCE NO. 07 io AN ORDINANCE AMENDING CHAPTER 11 (HOUSING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING LANGUAGE TO SECTION 11 -6 TO PROVIDE CLARIFICATION FOR DETERMINING THE IN -LIEU FEE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 11 -6, article 1, chapter 11 (Housing) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 11 -6. Calculation of in -lieu fee. (a) The in -lieu fee for a completed dwelling unit shall be twenty -five percent of: the actual sales price of the unit minus the affordable price for households earning one hundred twenty percent of the median. The in -lieu fee shall be applied against all dwelling units, affordable and market. (b) The in -lieu fee for a finished lot shall be twenty -five percent of: the actual sales price of the lot minus the affordable price for households earning one hundred percent of the median. The in -lieu fee shall be applied against all dwelling units, affordable and market. (c) The in -lieu fee for each required affordable dwelling unit for resort, hotel, and industrial uses shall be twenty-five percent of: the median sales price for a single - family home in the tax map zone containing the project, in the previous calendar year, minus the affordable price for households earning one hundred twenty[ - ]percent of the median. (d) The in -lieu fee for each completed dwelling unit not offered for sale (such as units offered for rent) shall be twenty -five percent of: the median sales price for a single - family home in the tax map zone containing the project in the previous calendar year, minus the affordable price for households earning one hundred twenty percent of the median. The in -lieu fee shall be applied against all dwelling units not offered for sale." SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included.