Required Information for Subdivision Applications

The following information is required: A. Proposed name of the subdivision, not to duplicate nor resemble the name of another subdivision in the County. It shall be subject to approval by the director; B. Date, northpoint, and scale of drawing; C. Tax key number or numbers and other information to sufficiently describe and define the location and boundaries of the proposed subdivision according to the real property tax records of the department of finance of the County; D. Names and addresses of the owner or owners, subdivider, and surveyor who prepared the plat; E. The approximate lot layout and the approximate dimensions and area of each lot; F. Acreage of proposed subdivision and number of lots; G. Should the submittal of the subdivision be by a person or firm other than the legal property owner, a notarized letter of authorization from such property owner shall accompany the application; H. Should the submittal of the subdivision be for processing as an affordable housing project, the submittal of the subdivision shall be for a long-term residential development in which fifty percent or more of the dwelling units shall be marketed as affordable housing in accordance with the provisions of section 18.04.057 of this code. In calculating the fifty percent requirement specified herein, not more than one dwelling unit per lot shall be considered for dwelling units to be sold as affordable housing dwelling units. In the submittal, the applicant shall: 1. Identify those lots upon which the dwelling units to be marketed as affordable housing are to be built; and 2. Submit a unilateral agreement running in favor of the County, acting by and through its mayor. No application shall be effective until such agreement, properly executed, has been recorded with the bureau of conveyances of the State or the land court of the State, as the case may be, so that the conditions imposed pursuant to such agreement shall run with the land and shall bind and constitute notice to all subsequent grantees, assignees, mortgagees, lienors and any other person who claims an interest in such property. Such agreement shall be properly executed and delivered to the County in order for the application to be deemed complete. The agreement shall be enforceable by the County, by appropriate action at law or suit in equity, against the parties and their heirs, personal representatives, successors and assigns. Failure to fulfill any of the conditions of the unilateral agreement required herein may be grounds for the rejection of any further submittals by the applicant for affordable housing project processing. The unilateral agreement shall contain the following conditions: a. That fifty percent or more of the dwelling units to be built on the subject property shall be marketed as affordable housing in accordance with the following requirements: i. That not less than ten percent of the dwelling units of the development shall be marketed within the price range established by the housing finance and development corporation of the State of Hawaii for persons or families whose incomes are identified as eighty percent or less of the area median income for the County for an adjusted family size as determined by the Department of Housing and Urban Development of the United States of America; ii. That not more than twenty percent of the dwelling units of the development shall be marketed within the price range established by the housing finance and development corporation of the State of Hawaii for persons or families whose incomes are identified as more than one hundred twenty percent but not more than one hundred forty percent of the area median income for the County for an adjusted family size as determined by the Department of Housing and Urban Development of the United States of America; iii. That the area median income for the affordable housing project shall be set by the director of housing upon final subdivision approval for lot sales and upon the issuance of building permit(s) for affordable unit sales; and b. That the following restriction shall apply to the transfer of a dwelling unit purchased from the applicant or the applicant's grantee, assignee, mortgagee, lienor, or any other person who claims an interest in such property, as an affordable housing dwelling unit, whether on fee simple or leasehold property where the sale of the unit or lot was to a person(s) who qualified under the very low income (fifty percent or less of the area median income) or lower income (more than fifty percent but not more than eighty percent of the area median income) group under section 2.86.140 A and B of this code: i. That for a period of five years after the purchase by a purchaser qualifying at one hundred percent or below the area median income, for a period of three years for a purchaser qualifying at between one hundred one percent and one hundred twenty percent of the area median income, or for a period of one year after the purchase by a purchaser qualifying at one hundred twenty-one percent or greater than the area median income, whether by lease, assignment of lease, deed, or agreement of sale, if the purchaser wishes to transfer title to the dwelling unit and the property or the lease, the County shall have the first option to purchase the unit and property or lease at a price which shall not exceed the sum of: (A) The original cost to the purchaser; (B) The cost of any improvements added by the purchaser; and (C) Simple interest on the cash equity in the property at the rate of seven percent a year. "Cash equity" means the actual amount of payments of principal which the owner had made for the purpose of purchasing or improving a dwelling unit. It includes the cash down payment made, payments of principal for improvements which add value to the dwelling unit, and payments of principal on mortgage loans incurred to purchase the dwelling unit. Cash equity does not include "points," appraisal fees, loan servicing fees, and other financing costs. In no case shall the term "cash equity" mean the appreciated value of the dwelling unit caused by market fluctuation. The County may purchase the unit either outright, free and clear of all liens and encumbrances, or by transfer subject to an existing mortgage. If by outright purchase, the County shall insure that all existing mortgages, liens, and encumbrances are paid by the purchaser. In any purchase by transfer subject to an existing mortgage, the County shall agree to assume and to pay the balance on any first mortgage created for the purpose of enabling the purchaser to obtain funds for the purchase of the unit and any other mortgages which were created with the approval and consent of the County. In such cases, the amount to be paid to the purchaser by the County shall be the difference between the above-mentioned price and the principal balance of all mortgages outstanding and assumed at the time of transfer of title to the County; With the exception of a first mortgage created for the purpose of enabling the purchaser to obtain funds for the purchase of a dwelling unit from the applicant, the purchaser shall not place or cause to be placed on the purchaser's dwelling unit any second mortgage or other encumbrance without the prior written approval of the mayor of the County. This restriction shall apply for as long as the County retains the option to purchase the dwelling unit pursuant to subsection H.2.b.i; ii. That during the applicable time period referred to in subsection H.2.b.i, the dwelling unit shall be occupied by the purchaser at all times. Violation of this subsection shall be sufficient reason for the County to purchase the dwelling unit as provided in the applicable provisions of subsection H.2.b.i; and iii. After the end of the applicable time period referred to in subsection H.2.b.i from the date of purchase, or execution of an agreement of sale, the purchaser may sell the unit and sell or assign the property to any person free from any price restrictions. c. That the lots to be marketed as affordable housing dwelling units shall be those identified for such use on the preliminary plat submitted by the applicant. ( Ord. No. 5676 , § 11, 2024; Ord. No. 4053, § 12, 2013; Ord. 2107 § 2, 1992: Ord. 1905 § 3, 1990: Ord. 1873 § 2, 1989: Ord. 789 § 1 (part), 1974: prior code § 11-1.6(d)(1))