reglab/housing_qa huggingface dataset:
HI Rev Stat § 46-126 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-126 Development agreement; provisions.

  §46-126 Development agreement; provisions. (a) A development agreement shall:  (1) Describe the land subject to the development agreement;  (2) Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;  (3) Provide, where appropriate, for reservation or dedication of land for public purposes as may be required or permitted pursuant to laws, ordinances, resolutions, rules, or policies in effect at the time of entering into the agreement; and  (4) Provide a termination date; provided that the parties shall not be precluded from extending the termination date by mutual agreement or from entering subsequent development agreements.  (b) The development agreement may provide commencement dates and completion dates; provided that such dates as may be set forth in the agreement may be extended at the discretion of the county at the request of the principal upon good cause shown subject to subsection (a)(4).  (c) The development agreement also may cover any other matter not inconsistent with this chapter, nor prohibited by law.  (d) In addition to the county and principal, any federal, state, or local government agency or body may be included as a party to the development agreement. If more than one government body is made party to an agreement, the agreement shall specify which agency shall be responsible for the overall administration of the agreement. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-127 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-127 Enforceability; applicability.

  §46-127 Enforceability; applicability. (a) Unless terminated pursuant to section 46-125 or unless canceled pursuant to section 46-130, a development agreement, amended development agreement, or modified development agreement once entered into, shall be enforceable by any party thereto, or their successors in interest, notwithstanding any subsequent change in any applicable law adopted by the county entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part.  (b) All laws, ordinances, resolutions, rules, and policies governing permitted uses of the land that is the subject of the development agreement, including but not limited to uses, density, design, height, size, and building specification of proposed buildings, construction standards and specifications, and water utilization requirements applicable to the development of the property subject to a development agreement, shall be those laws, ordinances, resolutions, rules, regulations, and policies made applicable and in force at the time of execution of the agreement, notwithstanding any subsequent change in any applicable law adopted by the county entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part and such subsequent change shall be void as applied to property subject to such agreement to the extent that it changes any law, ordinance, resolution, rule, or policy which any party to the agreement has agreed to maintain in force as written at the time of execution; provided that a development agreement shall not prevent a government body from requiring the principal from complying with laws, ordinances, resolutions, rules, and policies of general applicability enacted subsequent to the date of the development agreement if they could have been lawfully applied to the property which is the subject of the development agreement at the time of execution of the agreement if the government body finds it necessary to impose the requirements because a failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to the residents' health or safety, or both. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-128 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-128 Public hearing.

  §46-128 Public hearing. No development agreement shall be entered into unless a public hearing on the application therefor first shall have been held by the county legislative body. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-129 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-129 County general plan and development plans.

  §46-129 County general plan and development plans. No development agreement shall be entered into unless the county legislative body finds that the provisions of the proposed development agreement are consistent with the county's general plan and any applicable development plan, effective as of the effective date of the development agreement. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-130 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-130 Amendment or cancellation.

  §46-130 Amendment or cancellation. A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement, or their successors in interest; provided that if the county determines that a proposed amendment would substantially alter the original development agreement, a public hearing on the amendment shall be held by the county legislative body before it consents to the proposed amendment. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-131 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-131 Administrative act.

  §46-131 Administrative act. Each development agreement shall be deemed an administrative act of the government body made party to the agreement. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-132 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-132 Filing or recordation.

  §46-132 Filing or recordation. The designated agency shall be responsible to file or record a copy of the development agreement or an amendment to such agreement in the office of the assistant registrar of the land court of the State of Hawaii or in the bureau of conveyances, or both, whichever is appropriate, within twenty days after the county enters into a development agreement or an amendment to such an agreement. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-142 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-142 Authority to impose impact fees; enactment of ordinances required.

  §46-142 Authority to impose impact fees; enactment of ordinances required. (a) Impact fees may be assessed, imposed, levied, and collected by:  (1) Any county for any development, or portion thereof, not involving water supply or service; or  (2) Any board for any development, or portion thereof, involving water supply or service; provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection of the fees within their respective jurisdictions.  (b) Except for any ordinance governing impact fees enacted before July 1, 1993, impact fees may be imposed only for those types of public facility capital improvements specifically identified in a county comprehensive plan or a facility needs assessment study. The plan or study shall specify the service standards for each type of facility subject to an impact fee; provided that the standards shall apply equally to existing and new public facilities. [L 1992, c 282, pt of §2; am L 1996, c 175, §1; am L 2001, c 235, §2] Cross References  Impact fees for highway improvements, see § §264-121 to 127.
HI Rev Stat § 46-142.5 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-142.5 School impact districts; new building permit requirements.

  §46-142.5 School impact districts; new building permit requirements.  No new residential development in a designated school impact district under chapter 302A shall be issued a residential building permit or condominium property regime building permit until the department of education provides written confirmation that the permit applicant has fulfilled its school impact fee requirements. This section shall only apply to new dwelling units. [L 2007, c 245, §3] Cross References  Impact fees for public highways, see § §264-121 to 127.
HI Rev Stat § 46-143 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-143 Impact fee calculation.

  §46-143 Impact fee calculation. (a) A county council or board considering the enactment or adoption of impact fees shall first approve a needs assessment study that shall identify the kinds of public facilities for which the fees shall be imposed. The study shall be prepared by an engineer, architect, or other qualified professional and shall identify service standard levels, project public facility capital improvement needs, and differentiate between existing and future needs.  (b) The data sources and methodology upon which needs assessments and impact fees are based shall be set forth in the needs assessment study.  (c) The pro rata amount of each impact fee shall be based upon the development and actual capital cost of public facility expansion, or a reasonable estimate thereof, to be incurred.  (d) An impact fee shall be substantially related to the needs arising from the development and shall not exceed a proportionate share of the costs incurred or to be incurred in accommodating the development. The following seven factors shall be considered in determining a proportionate share of public facility capital improvement costs:  (1) The level of public facility capital improvements required to appropriately serve a development, based on a needs assessment study that identifies:  (A) Deficiencies in existing public facilities;  (B) The means, other than impact fees, by which existing deficiencies will be eliminated within a reasonable period of time; and  (C) Additional demands anticipated to be placed on specified public facilities by a development;  (2) The availability of other funding for public facility capital improvements, including but not limited to user charges, taxes, bonds, intergovernmental transfers, and special taxation or assessments;  (3) The cost of existing public facility capital improvements;  (4) The methods by which existing public facility capital improvements were financed;  (5) The extent to which a developer required to pay impact fees has contributed in the previous five years to the cost of existing public facility capital improvements and received no reasonable benefit therefrom, and any credits that may be due to a development because of such contributions;  (6) The extent to which a developer required to pay impact fees over the next twenty years may reasonably be anticipated to contribute to the cost of existing public facility capital improvements through user fees, debt service payments, or other payments, and any credits that may accrue to a development because of future payments; and  (7) The extent to which a developer is required to pay impact fees as a condition precedent to the development of non-site related public facility capital improvements, and any offsets payable to a developer because of this provision.  (e) The impact fee ordinance shall contain a provision setting forth the process by which a developer may contest the amount of the impact fee assessed. [L 1992, c 282, pt of §2; am L 2001, c 235, §3; am L 2004, c 155, §3]
HI Rev Stat § 46-144 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-144 Collection and expenditure of impact fees.

  §46-144 Collection and expenditure of impact fees.  Collection and expenditure of impact fees assessed, imposed, levied, and collected for development shall be reasonably related to the benefits accruing to the development. To determine whether the fees are reasonably related, the impact fee ordinance or board rule shall provide that:  (1) Upon collection, the fees shall be deposited in a special trust fund or interest-bearing account. The portion that constitutes recoupment may be transferred to any appropriate fund;  (2) Collection and expenditure shall be localized to provide a reasonable benefit to the development. A county or board shall establish geographically limited benefit zones for this purpose; provided that zones shall not be required if a reasonable benefit can be otherwise derived. Benefit zones shall be appropriate to the particular public facility and the county or board. A county or board shall explain in writing and disclose at a public hearing reasons for establishing or not establishing benefit zones;  (3) Except for recoupment, impact fees shall not be collected from a developer until approval of a needs assessment study that sets out planned expenditures bearing a substantial relationship to the needs or anticipated needs created by the development;  (4) Impact fees shall be expended for public facilities of the type for which they are collected and of reasonable benefit to the development; and  (5) Within six years of the date of collection, the impact fees shall be expended or encumbered for the construction of public facility capital improvements that are consistent with the needs assessment study and of reasonable benefit to the development. [L 1992, c 282, pt of §2; am L 2001, c 235, §4]
HI Rev Stat § 46-145 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-145 Refund of impact fees.

 §46-145 Refund of impact fees. (a) If impact fees are not expended or encumbered within the period established in section 46-144, the county or the board shall refund to the developer or the developer's successor in title the amount of fees paid and any accrued interest. Application for a refund shall be submitted to the county or the board within one year of the date on which the right to claim arises. Any unclaimed refund shall be retained in the special trust fund or interest bearing account and be expended as provided in section 46-144.  (b) If a county or board seeks to terminate impact fee requirements, all unexpended or unencumbered funds shall be refunded as provided in subsection (a) and the county or board shall give public notice of termination and availability of refunds at least two times. All funds available for refund shall be retained for a period of one year at the end of which any remaining funds may be transferred to:  (1) The county's general fund and expended for any public purpose not involving water supply or service as determined by the county council; or  (2) The board's general fund and expended for any public purpose involving water supply or service as determined by the board.  (c) Recoupment shall be exempt from subsections (a) and (b). [L 1992, c 282, pt of §2; am L 1998, c 2, §14; am L 2001, c 235, §5]
HI Rev Stat § 46-146 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-146 Time of assessment and collection of impact fees.

  §46-146 Time of assessment and collection of impact fees.  Assessment of impact fees shall be a condition precedent to the issuance of a grading or building permit and shall be collected in full before or upon issuance of the permit. [L 1992, c 282, pt of §2]
HI Rev Stat § 46-147 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-147 Effect on existing ordinances.

  §46-147 Effect on existing ordinances. This part shall not invalidate any impact fee ordinance existing on June 19, 1992. [L 1992, c 282, pt of §2] Revision Note  "Part" substituted for "chapter".  "June 19, 1992" substituted for "the effective date of this Act".
HI Rev Stat § 46-148 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-148 Transitions.

  §46-148 Transitions. Any county requiring impact fees or imposing development exactions, in order to fund public facilities, shall incorporate fee requirements into their broader system of development and land use regulations in such a manner that developments, either collectively or individually, are not required to pay or otherwise contribute more than a proportionate share of public facility capital improvements. Development contributions or payments made under a development agreement, pursuant to section 46-123, are exempted from this requirement. [L 1992, c 282, pt of §2]
HI Rev Stat § 46-161 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-161 Findings and purpose.

  §46-161 Findings and purpose. The legislature finds that there is a need to clarify the authority of the counties to exercise the power to transfer development rights within a comprehensive planning program to:  (1) Protect the natural, scenic, recreational, and agricultural qualities of open lands including critical resource areas; and  (2) Enhance sites and areas of special character or special historical, cultural, aesthetic, or economic interest or value.  The legislature finds that transfer of development rights programs can help to ensure proper growth, while protecting open and distinctive areas and spaces of varied size and character, including many areas that have significant agricultural, ecological, scenic, historical, aesthetic, or economic value. These areas, if preserved and maintained in their present state, would constitute important physical, social, aesthetic, or economic assets to existing or impending urban and metropolitan development. The legislature further finds that transferring development rights is a useful technique to achieve community objectives. Properly utilized, the concept can be fully consistent with comprehensive planning requirements. The legislature further finds and declares that the concept, utilizing the normal market in land, can provide a mechanism of just compensation to owners of property to be protected or preserved. [L 1998, c 296, pt of §1]
HI Rev Stat § 46-162 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-162 Definitions.

  §46-162 Definitions. As used in this part, unless the context clearly requires otherwise:  "Council" means the county council.  "Development rights" means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements thereon. Development rights may be calculated and allocated in accordance with factors such as area, floor area ratios, density, height limitations, or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this part.  "Receiving district" means one or more designated districts or areas of land to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of this transfer.  "Sending district" means one or more designated districts or areas of land in which development rights may be designated for use in one or more receiving districts.  "Transfer of development rights" means the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. [L 1998, c 296, pt of §1]
HI Rev Stat § 46-163 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-163 Conditions for the transfer of development rights.

  §46-163 Conditions for the transfer of development rights. In addition to any existing power, duty, and authority of the counties to regulate land uses by planning or zoning, the counties are hereby authorized to transfer and regulate the transfer of development rights, subject to the conditions set forth under this part, as well as planning laws, zoning laws, and any other conditions as the legislative body of each county deems necessary and appropriate. The purpose of providing for transfer of development rights shall be to:  (1) Protect the natural, scenic, and agricultural qualities of open lands;  (2) Enhance sites and areas of special character or special historical, cultural, aesthetic, or economic interest or value; and  (3) Enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. [L 1998, c 296, pt of §1] Revision Note  Subsection designation deleted pursuant to §23G-15(1).
HI Rev Stat § 46-164 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-164 Procedures.

  §46-164 Procedures. Any county modifying its zoning ordinance or enacting a local law pursuant to this part shall follow the procedure for adopting and amending its ordinances. [L 1998, c 296, pt of §1]
HI Rev Stat § 46-165 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-165 Other rights not affected.

  §46-165 Other rights not affected. Nothing in this part shall be construed to invalidate any provision relating to the transference or purchase of development rights heretofore or hereafter adopted by any county. [L 1998, c 296, pt of §1]
HI Rev Stat § 46-172 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-172 Civil actions for false claims.

  §46-172 Civil actions for false claims. The county corporation counsel or county attorney shall investigate any violation under section 46-171. If the corporation counsel or county attorney finds that a person has violated or is violating section 46-171, the corporation counsel or county attorney may bring a civil action under this section. [L 2001, c 227, pt of §1]
HI Rev Stat § 46-173 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-173 Evidentiary determination; burden of proof.

  §46-173 Evidentiary determination; burden of proof. A determination that a person has violated this part shall be based on a preponderance of the evidence. [L 2001, c 227, pt of §1]
HI Rev Stat § 46-174 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-174 Statute of limitations.

  §46-174 Statute of limitations. An action for false claims to a county pursuant to this part shall be brought within six years after the false claim is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after the date on which the violation of section 46-171 is committed. [L 2001, c 227, pt of §1]