HAR §15-216-3. Severability

If a court of competent jurisdiction finds any provision or provisions of this chapter to be invalid or ineffective in whole or in part, the effect of that decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of these rules shall continue to be separately and fully effective. [Eff _ 9CT 2 7 201l] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-216-4 Interpretation by the executive director. (a) In administering this chapter, the executive director may, when deemed necessary, render written interpretations to clarify or elaborate upon the meaning of specific provisions of this chapter for intent, clarity and applicability to a particular situation. (b) A written interpretation shall be signed by the executive director and include the following: ( 1) Identification of the section of this chapter in question; (2) A statement of the problem; (3) A statement of interpretation; and (4) A justification statement. (c) A written interpretation issued by the executive director shall be the basis for administering and enforcing the pertinent section of this chapter. All written interpretations rendered pursuant to these rules shall be public record, and shall be effectiv(fcf~ 7~ 1fate signed by the executive director. [Ef f _ _ _ . ] (Auth: HRS § §206E"-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-216-5 Definition of terms. As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent: 216-3 30 5 3 30 5 3 §15-216-5 "Area median income" or "AMI" means area median income for Honolulu that is provided to Fannie Mae by the Federal Housing Finance Agency; "Authority" or "HCDA" means the Hawaii community development authority established by section 206E-3, HRS; "Developer" .means a private person or an entity who has legal rights to perform or cause to be performed any man-made change over, upon, under, or across improved or unimproved real property within the Kalaeloa CDD; "Eligible borrower" means any person or family, irrespective of race, creed, national origin, or sex, who: (1) Has never before obtained a loan under this part; and (2) Meets other qualifications as established by rules adopted by the authority; "Executive director" means the executive director of the authority; "Gross household income" means the total income, before taxes and personal deductions, received by all members of the applicant's household, including, but not limited to, wages, social security payments, retirement benefits, unemployment benefits, welfare benefits, interest and dividend payments; "HRS" means the Hawaii Revised Statutes; "Land trust" means a recorded instrument as defined in chapter 558, HRS; "Licensed life care facilities" means licensed assisted living facilities as defined in section 321-15.1, HRS; "Multi-family dwelling" means a residential building consisting of more than one residential unit; "Net appreciation" means the resale fair market value of a reserved housing unit less the original contract price of the same and actual sales costs incurred, if any; "Reserved housing" means housing designated for residents in the low-income or moderate-income range s who meet such eligibility requirements as the authority may adopt by rule; 216-4 §15-216-17 "Reserved housing unit" means a room or rooms connected together, constituting an independent dwelling that is designated for reserved housing; and "Residential floor area" means the gross total residential floor area including the dwelling unit(s) and limited common areas such as lobby, hallways, storage, covered recreation area, a.Jld similar areas set aside for the residents. [Ef f UCT 2 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §§15-216-6 to 15-216-16 (Reserved). SUBCHAPTER 2 RESERVED HOUSING REQUIREMENTS §15-216-17 Requirement for reserved housing units. (a) Every developer applying for a development permit for approval to construct multi-family dwelling units on a lot greater than 40,000 gross square feet shall construct and reserve at least twenty per cent of the total residential floor area as reserved housing units. The percentage of residential floor area developed as reserved housing shall be fifteen per cent if the units are developed as rental units. (b) Such reserved housing units shall be sold or rented to persons qualifying under the terms and conditions set forth under subchapter 3. The developer shall execute agreements with the authority as are appropriate to conform to this requirement and subject to the authority's approval, and such agreements shall be binding upon the developer and any successors in interest, and shall run with the land. The agreement shall provide that the developer must provide certification to the authority as to the compliance of the requirements herein to qualify for a 216-5 30 5 3 3053 §15-216-17 certificate of occupancy for the project for which provisions of this chapter are applicable. (c) Occupants of reserved housing units shall have access to and use privileges for the same amenities as all other occupants of the development. Reserved housing units shall be distributed in the building in such a manner that they do not form an isolated section of the project. (d) If the authority so determines, it may allow the developer to meet the requirement of subsection (a) above through the following alternatives instead of providing reserved housing units within the development: (1) By providing such reserved housing units elsewhere within the Kalaeloa CDD; or (2) By providing such reserved housing units elsewhere on the island of Oahu. The authority may impose additional reserved housing requirements in approving transfer of reserved housing from the Kalaeloa CDD to other locations within the island of Oahu. Such additional reserved housing requirements shall be determined on a case- by-case basis by the authority at the time of approval of the development permit. (e) No certificate of occupancy shall be approved by the authority for any project subject to this chapter unless the developer delivers the required reserved housing units. (f) The delivery of the required reserved housing units shall be secured by the developer with a financial guaranty bond from a surety company authorized to do business in Hawaii, an acceptable construction set-aside letter, or other financial instruments acceptable to the authority prior to the approval of the building permit by the authority. (g) Licensed life care facilities shall be exempt from the reserved housing requirement. In a proposed development that includes licensed life care facilities as well as residential dwelling units, the reserved housing requirements shall apply only to the residential dwelling portion of the development. 216-6 I I J §15-216-18 (h) No construction shall commence for any development within the Kalaeloa CDD on a lot greater than 40,000 square feet unless the development conforms to the provisions of this chapter and the authority has certified that the development complies with the requirements of this chapter. (i) The authority may require guarantees, may enter into recorded agreements with developers and with purchasers and tenants of the reserved housing units, and may take other appropriate steps necessary to assure that these housing units are prov~ded and that they are occupied by qualified persons for the required duration. (j) The authority may suspend these requirements for reserved housing for a limited duration, if, in its sole judgment, it determines that these requirements may unduly impede, preclude, or otherwise negatively impact the primary objective of the authority toQ~~o~ot~gJ;,edevelopment within the Kalaeloa CDD. [Eff l~I l 7 £ lt] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-216-18 Adjustments to height, density, and general development requirements for reserved housing units. (a) Except as otherwise provided, any developer who applies for a permit proposing a multi-family residential project on a lot greater than 40,000 square feet who meets applicable provisions of this chapter shall be entitled to adjustments in allowable floor area and general development requirements as follows: (1) Residential floor area for reserved housing shall be excluded from calculations of allowable floor area; (2) Residential floor area for reserved housing shall be exempt from the provisions of Hawaii administrative rules, section 15-215-64 (dedication of public facilities); and 216-7 3053. §15-216-18 (3) For reserved housing units, the off-street parking space requirement shall be one stall per unit. (b) The authority may also consider modifying the following requirements of the Kalaeloa CDD as an incentive to providing additional reserved housing by a developer: (1) Building height; (2) Street setbacks; and (3) Loading space. [Eff OCT 2 7 2842 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §§15-216-19 to 15-216-28 (Reserved). SUBCHAPTER 3 SALE AND RENTAL OF RESERVED HOUSING UNITS