HomeMy WebLinkAboutBill_No._2740_Draft_1ORDINANCE NO.
BILL NO. 2740, Draft 1
A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,
KAUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO ADDITIONAL RENTAL UNITS
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA`I, STATE
OF HAWAI`I:
SECTION 1. Chapter 8, Kaua`i County Code 1987, as amended, is
hereby amended by amending subsection 8-3.1(1) to read as follows:
"(i) Fee Exemptions.
(1) A Zoning Permit application for a housing project or portions of
housing projects that are developed to be affordable to low-income households
as determined by the Housing Director or authorized representative of the
County Housing Agency shall be exempt from the filing and processing fee
required in Subsection (b)(1), provided such projects conform to applicable
provisions of the County's affordable housing program.
(2) A Zoning Permit application for a housing project or portions of
housing projects that are developed to be affordable to gap -group households
as determined by the Housing Director or authorized representative of the
County Housing Agency shall be exempt from one-half (1/2) of the filing and
processing fee required in Subsection (b)(1), provided such projects conform to
applicable provisions of the County's affordable housing program.
(3) No exemptions shall be afforded for such housing projects from
any fees or costs arising from compliance with Subsection (f)(4) or (h) of this
Section.
(4) A Zoning Permit application for an additional rental unit certified
by the Housing Agency as affordable housing shall be exempt from the filing
and processing fee required in Subsection (c)(1), provided such project conforms
to applicable provisions of the County's affordable housing program."
SECTION 2. Chapter 8, Article 30, Kaua`i County Code 1987, as
amended, is hereby amended by adding a new Subsection to be appropriately
designated and to read as follows:
"Additional Rental Unit (ARU) Subsidy; Purpose. There is hereby
established and created an account to be known as the "Additional Rental
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Unit (ARU) Subsidy" within the Housing Development Fund (Fund No. 512)
for the purpose of subsidizing efforts associated with the Facilities Reserve
Charge(FRO.
Administration. The County Housing Agency shall certif
v an
applicant's qualification to receive an Additional Rental Unit (ARU) Subsidy.
Applications for an ARU Subsidy shall be processed on a first -come,
first -served basis, subject to funding availability. Copies of all ARU Subsidy
Applications, regardless of affordability certification result, shall be provided
to the Planning Department, the Public Works Department -Wastewater
Division, and the Public Works Department -Building Division prior to any
waiver of fees.
Appropriation of Funds. An appropriation of $113,200 from the Housing
Development Fund shall be set aside to assist property owners with efforts
associated with the Facilities Reserve Charge. Annual appropriations from the
Housing Development Fund shall be subject to Council approval. Any balance
remaining in the Additional Rental Unit (ARU) Subsidy account at the end of
any fiscal year shall not lapse. The moneys in the Additional Rental
Unit (ARU) Subsidy account shall not be used for any purpose except those
listed in this section. Any violation of the affordable housing restrictions
required by the Housing Agency may result in an ARU Subsidy Repayment
as follows:
Number of days in Affordable Rental Program
Less than or equal to 365 days (1year)
Less than or equal to 730 days (2 ems)
Less than or equal to 1,095 days (3 years)
Less than or equal to 1,460 days (4 years)
Less than or equal to 1,825 days (5 years)
Percent of
ARU Subsidypayment
100%
75%
50%
25%
10%
Repayment. The ARU Subsidy Repayment constitutes a lien upon the
real property in which the ARU is situated. The lien may be recorded in the
appropriate land record system. After any failure to pay the amount due, the
lien may be enforced by any_legal action, including foreclosure proceedings. In
the event legal action is instituted for collection, the County shall be
reimbursed for all costs of collection including reasonable attorneys' fees.
Rules and Regulations. The Kauai Countv Housing Agency is hereby
authorized and directed to promulgate rules and regulations as may be
necessary to implement subsection 8-30.1(g) within twelve (12) months from
approval of this Ordinance.
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Preemption. Nothing in this section shall be construed to preempt or
prohibit the authority in any other provision of the Kauai County Code 1987
as amended."
SECTION 3. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, the invalidity does 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 severable.
SECTION 4. Material to be repealed is bracketed. New material is
underscored. When revising, compiling, or printing this Ordinance for inclusion in
the Kauai County Code 1987, as amended, the brackets, bracketed material, and
underscoring need not be included.
SECTION 5. This Ordinance shall take upon its approval.
Introduced by: /s/ LUKE A. EVSLIN
/s/ MASON K. CHOCK
DATE OF INTRODUCTION:
September 25, 2019
Lihu`e, Kauai, Hawaii
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Bill No. A0, Draft 1