(a) 
Residential Developments. A 20% workforce housing requirement shall be assessed to any residential project subject to the Workforce Housing Policy. The housing assessment shall be satisfied by fee-simple sale of workforce housing units at affordable housing prices, which shall be determined by the Housing Agency pursuant to Article 4 of this Chapter.
(1) 
For a residential development consisting of 10 to 25 units, a developer shall be required to satisfy a workforce housing requirement based on project's total number of residential units. Workforce housing units shall be sold to households earning from 80% to 120% of Kaua'i median household income, with the average sales price being affordable to households earning 100% of Kaua'i median household income.
(2) 
For a residential development consisting of 26 units or more, a developer shall be required to satisfy a workforce housing requirement based on project's total number of residential units. Workforce housing units shall be sold to households earning from 80% to 120% of Kaua'i median household income, in accordance with the following income group assessment:
(A) 
Thirty percent of total units priced to be affordable to households earning up to 80% of the Kaua'i median household income.
(B) 
Forty percent of total units priced to be affordable to households earning up to 100% of the Kaua'i median household income.
(C) 
Thirty percent of total units priced to be affordable to households earning up to 120% of the Kaua'i median household income.
(3) 
For a residential development of more than 10 units in which more than 50% of the project will be developed as workforce housing, the Director may approve a workforce housing assessment that varies from the unit count and income limits imposed by Subsections 7A 2.1(a)(1) and 7A-2.1(a)(2), provided that the workforce housing public benefit exceeds that in Subsections 7A-2.1(a)(1) and 7A-2.1(a)(2).
(b) 
Resort Developments. For resort projects in visitor destination areas, for amendments into the visitor destination area, and for resort district zoning amendments which have density for more than 10 dwelling units or 20 hotel rooms, two workforce assessment methods are available:
(1) 
a 50% workforce housing requirement in accordance with the income group assessment provided in Section 7A-2.1(a)(2); or
(2) 
a workforce housing requirement of at least 35% based upon an independent analysis in accordance with the income group assessment provided in Section 7A-2.1(a)(2). For the independent analysis, the number, type, size, income target groups to benefit, and the sales or rental prices of workforce housing units required shall be based on an analysis of the number of jobs to be generated, the availability of workers to fill those jobs, the resultant number and incomes of workers to be supported by those jobs, the estimated number of workers requiring housing assistance, and the amount of housing inventory available to those workers. Such analysis shall be conducted by an economist retained by, but independent of, the developer. The analysis shall be subject to approval by the County Council for all petitions for visitor destination area or zoning district boundary amendments, or approval by the Housing Agency for subdivision, zoning, or building permit applications.
Under either assessment method, the developer shall complete construction of the required workforce housing units before final building inspections or certificate of occupancy is issued for any facility or accommodation of the resort development, except for temporary buildings for real estate sales offices.
(Ord. No. 860, November 20, 2007; Ord. No. 1081, October 29, 2020)
A developer subject to workforce housing requirements in Section 7A-2.1 may request incentives set forth in this Section. The goal of incentives is to encourage developers to utilize incentives in a manner that addresses community needs and, to the extent applicable, offsets development cost in satisfying workforce housing requirements. The maximum cumulative incentive allowable under this Section shall not exceed 50% of the general workforce housing requirements in Section 7A-2.1. The Housing Agency shall be responsible to make a determination on the applicability of incentives provided in this Section.
(a) 
Integration. The incentive is available to a developer that integrates all workforce units with market rate units. Integration means that on-site workforce housing units shall be interspersed together with the market units of a developer's project and provided in a configuration mutually agreed upon by the developer and the Housing Agency. If all workforce units are integrated with market units, the percentage workforce housing requirement shall be reduced by a factor of 25% from the workforce housing requirement in Section 7A-2.1(a).
(b) 
Single-Family Units. The incentive for single-family units is available when required workforce housing units are provided as single-family detached or single-family attached units, and without condominium property regime (CPR) ownership.
(1) 
Detached Units. If a developer provides all single-family detached units for sale, the workforce housing requirement shall be reduced by a factor of 25% from the workforce housing requirement in Section 7A-2.1(a).
(2) 
Attached Units. If a developer provides all single-family attached units for sale, the workforce housing requirement shall be reduced by a factor of 20% from the workforce housing requirement in Section 7A-2.1(a).
(c) 
Building "Green." The incentive is available when green principles are used for both workforce units and market units, including, but not limited to, energy efficient appliances, solar water heating, recycled or recyclable materials, or natural ventilation and cooling. Where building green principles are used, the workforce housing requirement may be reduced by a factor of one-half to five percent (0.5 to 5.0%). Prior to approving incentive for building green, the Housing Agency shall evaluate the added cost of building green features and its potential benefit to occupants of workforce housing units.
(d) 
Low-Income Rental Units. The incentive for low-income rental units is available when required workforce housing units are provided for low-income households at affordable rental rates, provided no County land or funds, or Federal funds administered by the Housing Agency, are utilized to subsidize the project, and provided the period of affordability of the low-income rental units is for a period of 40 years. State and Federal low-income housing tax credit programs are permitted subsidy.
(1) 
Sixty percent of Kaua'i Median Housing Income. If a developer provides workforce housing units affordable to households earning no more than 60% of the Kaua'i median household income, each rental unit provided shall be equal to two workforce housing units required.
(2) 
Eighty percent of Kaua'i Median Housing Income. If a developer provides workforce housing units affordable to households earning no more than 80% of the Kaua'i median household income, each rental unit provided shall be equal to one and one-half (1.5) workforce housing units required.
(Ord. No. 860, November 20, 2007)
(a) 
Notwithstanding any other County ordinance to the contrary, the County shall make available a density bonus to developers that integrate all workforce units with market units. The density bonus shall increase the total number of residential units that may be constructed on the project site by 10% and decrease the minimum lot size allowed by 10%, after evaluating the actual number of residential units and minimum lot sizes allowable pursuant to the comprehensive zoning ordinance.
(b) 
This density bonus shall not be available in the State land use agricultural district or rural districts.
(Ord. No. 860, November 20, 2007)
(a) 
Unit Size. Workforce housing units shall accommodate diverse family sizes and include a mix of one, two, three, and four bedroom units. Unit mix shall address the need and preference of residents and shall be approved by the Housing Agency.
(b) 
Quality of Units. Workforce housing units shall be visually compatible with market units. External building materials and finishes shall be the same type and quality. Interior materials and finishes may be more modest than market units as to flooring, counter tops, fixtures, appliances, and hardware, provided the quality is comparable to contemporary workforce housing and industry standards.
(Ord. No. 860, November 20, 2007)
(a) 
Location. Off-site workforce units for sale shall be within the same real property tax zone as a developer's project, or within five miles by public road from the development project, and approved by the Housing Agency; provided further that the real property tax zone and five mile radius restrictions shall not apply to State government workforce housing projects developed on State government lands as defined in Section 7A-1.2 of this Chapter if approved by the Housing Agency.
(b) 
Off-Site Preference. Special circumstances may exist, including but not limited to, proximity to economic job centers, buyer geographic preference, and infrastructure availability, to permit off-site workforce housing beyond geographic limits provided in this Section. A developer may request consideration by the Housing Agency of incentives to workforce housing requirements provided in Sections 7A-2.2(b) and 7A-2.2(c) to apply to off-site workforce housing if the Housing Agency determines that the off-site location is preferred or equal to the on-site location, and the County Council approves such determination, then the incentives shall apply.
(c) 
State Land Use or Zoning District Boundary Amendments Required. Workforce housing requirements produced off-site on land that requires State land use district or zoning district boundary amendment shall not incur additional workforce housing requirements for any portion of the site used to produce the required workforce housing units. Any portion of the land that is not used to satisfy the required workforce housing shall be subject to the workforce housing requirements of this Chapter.
(Ord. No. 860, November 20, 2007)
(a) 
Housing Size Credit. Developers shall earn one housing credit for each workforce unit provided that is comparable to the unit size of the market unit, based on number of bedrooms and baths. A decrease or increase to the housing credit earned shall be calculated according to the following housing size credit schedule:
Housing Size Credit Schedule
 
Market Units
 
Bed/Bath
1/1
2/1.5
3/2
4/2.5
Workforce Units
1/1
1.00
0.94
0.86
0.78
2/1.5
1.06
1.00
0.92
0.83
3/2
1.16
1.09
1.00
0.90
4/2.5
1.28
1.21
1.11
1.00
(b) 
Lot Size Credit. Developer shall earn one lot credit for each workforce lot provided that is comparable to the lot size of the market lot. Any decrease or increase to the lot size credit earned shall be calculated according to the following lot size credit schedule:
Lot Size Credit Schedule
Market Lots
Small Lot <4,500 Sq Ft
Standard Lot 4,500 - 9,999 Sq Ft
Large Lot >10,000 Sq Ft
Workforce Lots
Small Lot <4,500 Sq Ft
1.00
0.88
0.76
Standard Lot 4,500 - 9,999 Sq Ft
1.12
1.00
0.88
Large Lot >10,000 Sq Ft
1.24
1.12
1.00
(c) 
Housing Size and Lot Size Credits, Combined. Any decrease or increase to the unit size and lot size credit earned shall be calculated by multiplying the applicable factor from each schedule to produce the combined credit amount.
(d) 
With approval by the Housing Agency, a developer may modify workforce units or workforce lots to sizes that differ from market units and market lots.
(e) 
Housing Size Variations. Unit sizes consisting of bedroom and bath combinations not shown on the housing size credit schedule are available upon request from the Housing Agency.
(Ord. No. 860, November 20, 2007)