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HomeMy WebLinkAboutOrdinance 07-010COUNTY 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 Material to be repealed is bracketed.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. SECTION 3. 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 this 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. This ordinance shall take effect upon its approval. H i 10, Hawai`i Date of Introduction: Date of I sc Reading: Date of 2 "d Reading: Effective Date: i INTRODUCED BY: January 4, 2007 January 4, 2007 Janaury 19, 2007 February 2, 2007 REFERENCE: Comm: 44.1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Pete Hoffmann Date Introduced: January 4, 2007 First Reading: January 4, 2007 Published: January 12, 2007 REMARKS: Second Reading: January 19, 2007 To Mayor: January 26, 2007 Returned: February 5, 2007 Effective: February 2, 2007 Published: February 13, 2007 REMARKS - I DO HEREBY CERTIFY that the foregoing BILL was indicuted above. APPROVED AS TO FORM AND LEGALITY: K . D- Gil -t_- DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date Approve Disapproved this a day 4I F� a 20 a-7 MAYOR, C TY OF HAWAII (Draft 2) ROLL CALL VOTE i.' SA4M N US ABS EX Ford X Higa i('. t X - X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X X Yoshimoto X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 by the County Council published as l -2aC.c 2 `-�-- COUNTY-�LE& Bill No.: 17 (Draft 2) Reference: C- 44 /CHA Ord No.: 07 10