(a) Every subdivider, as a condition precedent to the:
(1) Approval of a subdivision by the director; or
(2) Issuance of a building permit for multiple-family development by the department of planning and permitting;
shall provide land in perpetuity or dedicate land for park and playground purposes, for joint use by the occupants of lots or units in subdivisions as well as by the public. The dedication of land for a park will be subject to the maximum ceiling in land or money in lieu thereof, calculated in accordance with the formula designated in §§ 22-7.5 and 22-7.6. In lieu of providing land in perpetuity or dedicating land, the director may permit a subdivider to pay a fee equal to the value of the land that would otherwise have been required to be provided in perpetuity or dedicated, or combine the payment of a fee with the provision or dedication of land, the total value of such combination being not less than the total value of the land that would otherwise have been required to be provided in perpetuity or dedicated.
(b) This article applies to all subdivision of land into two or more lots for residential purposes, including developments under § 21-8.30, and to construction of multiple-family developments. When a new building or group of buildings containing dwelling or lodging units is added to an existing multiple-family development, approved prior to October 16, 1976, this article will apply only to such new additions, and not to the previously approved multiple-family development.
(c) When an existing building in a multiple-family development, approved prior to October 16, 1976, is enlarged or altered to increase the number of dwelling or lodging units, this article will apply to the number of dwelling or lodging units added to the enlarged or altered building.
(d) When an existing building in a multiple-family development, approved prior to October 16, 1976, is enlarged or altered without increasing the total number of dwelling or lodging units, and the cost of such work exceeds 50 percent of the total replacement cost of the building at the time of the building permit application, this article will apply to the total number of dwelling or lodging units contained in the enlarged or altered building. The 50 percent replacement cost is calculated on each individual building, and not on the total replacement cost of the multiple-family development. The percentage will be cumulative for each building after October 16, 1976. This article apply to all new or existing units in an enlarged or altered building whenever the cumulative 50 percent replacement cost is exceeded.
(e) Upon acceptance of the land by the city, the city shall thereafter assume the cost of improvements and their maintenance. Fees received will be disbursed for the acquisition or development of parks and playgrounds, including physical facilities.
(f) This article also applies to any change in the use of buildings to multiple-family dwelling use subsequent to October 16, 1976.
(g) In any zoning district or special district where mixed uses of business, commercial, office, and dwelling units are permitted, this article apply to all units where kitchen and bathroom facilities are provided, or electrical and plumbing systems are located and designed so that these units may be readily converted to dwelling units without securing a new building permit or without undertaking any major alterations or renovation work.
(h) This article does not apply to those units where legal documents are drawn up by the applicant to assure that the units will not be converted to dwelling units. The legal documents must be recorded as covenants running with the land and subject to the review and approval of the director of planning and permitting and the corporation counsel. The legal documents must be fully executed and recorded with the registrar of the bureau of conveyances or the assistant registrar of the land court, or both, as appropriate, and proof of such recordation must be submitted to the director of planning and permitting prior to the issuance of building permits.
(i) This article applies to any conversion in use of any existing nondwelling unit to a dwelling unit, and such conversion cannot be undertaken unless the provisions of this article have been met.
(j) This article also does not apply to the following dwelling units:
(1) Affordable dwelling units as defined in and as provided on-site or off-site pursuant to Chapter 29;
(2) Affordable dwelling units provided pursuant to a planned development transit permit pursuant to ROH § 21-9.100-10, or an interim planned development-transit permit pursuant to ROH § 21-9.100-5;
(3) Affordable rental dwelling units provided in compliance with HRS § 201H-36(a)(5); or
(4) Affordable rental housing units that are rented to households earning 100 percent and below of the AMI, and rented at or below the rental rate limits established by the United States Department of Housing and Urban Development for households earning 100 percent of the AMI for the applicable household size or less, pursuant to Chapter 32.
(Sec. 22-7.3, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 22, Art. 7, § 22-7.3) (Am. Ords. 96-58, 18-1, 19-8)
*Editor’s note:
Section 22-7.3(j) and amendments made to Section 22-7.3(j) in Ord. 19-8 will be repealed on June 30, 2027, in accordance with Ord. 18-1 and Ord. 19-8.