reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 19-170-17 - Delegation of administrative duties

Current through June, 2024
(a) The board may
				  delegate to the executive officer any power or authority vested in the board as
				  it deems reasonable and proper for the effective administration of chapter
				  2 06J, HRS, except the power to adopt,
				  amend, or repeal rules; and any power or authority expressly reserved to the
				  board by statute or rule.
(b) The
				  board may appoint a hearing officer to conduct a proceeding as provided in this
				  chapter and pursuant to the requirements of chapter
				  91, HRS.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 19-170-21 - General rule

Current through June, 2024
All petitioners shall comply with these rules of practice
					 and procedures when appearing before the board. Procedures to be followed by
					 the board, unless specifically prescribed in this chapter or by chapter
					 91, HRS, shall be those which, in the
					 opinion of the board, will best serve the purposes of the proceeding. The board
					 may waive or suspend the provisions of this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 19-170-22 - Appearances before the board

Current through June, 2024
(a) Any party to
				  any proceeding before the board may appear pro se or be represented by an
				  authorized representative.
(b) When
				  an individual acting in a representative capacity appears in person or signs a
				  paper submitted to the board, the personal appearance or signature of that
				  individual shall constitute a representation to the board that under the
				  provisions of this chapter and the applicable statute, the individual is
				  authorized and qualified to represent that particular person or entity. The
				  board, at any time, may require any person transacting business with the
				  development corporation in a representative capacity to authenticate the
				  person's authority and qualification to act.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 19-170-23 - Disqualification of board members

Current through June, 2024
Up to five calendar days before the proceeding a
					 petitioner may file an affidavit alleging that one or more of the board members
					 has a personal bias or prejudice. Every such affidavit shall state the facts
					 and reasons for the belief that bias or prejudice exists. Any member against
					 whom the affidavit is filed may answer the affidavit in which case the
					 chairperson shall decide whether that member should be disqualified from the
					 proceeding.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 19-170-24 - Filing of papers

Current through June, 2024
(a) All requests,
				  submittals, petitions, reports, maps, exceptions, plans, memoranda, and other
				  papers required to be filed with the development corporation pursuant to any
				  proceeding shall be filed within the time limits prescribed by law, rules, or
				  by order of the board. The date on which the papers are received by personal
				  service or by mail shall be regarded as the date of filing.
(b) All papers filed with the development
				  corporation shall be:
(1) Written in black
				  ink, typewritten, mimeographed, or printed;
(2) Plainly legible; and,
(3) On strong, durable paper no larger than
				  8-1/2" x 14"
				  in size, except that maps, charts, tables, and other like documents may be
				  larger, folded to the size of the papers to which they are attached.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 19-170-25 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency is required to take action
					 within the period prescribed or allowed by this chapter, or by notice given
					 under this chapter, or by an order, the chairperson may:
(1) With or without notice, extend the period
				  before the expiration of the prescribed period; or
(2) Upon motion, permit the act to be done
				  after the expiration of a specified period where the failure to act is
				  reasonably shown to be excusable.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEDURE › Section 19-170-28 - Initiation of rulemaking procedure

Current through June, 2024
(a) The adoption,
				  amendment, or repeal of any rule of the development corporation may be made by
				  the board on its own motion, or by petition of any interested person or
				  agency.
(b) Petitions for
				  rulemaking shall conform to the requirements of § 19-170-17 and shall
				  contain:
(1) The name, address, and telephone
				  number of each petitioner;
(2) The
				  signature of each petitioner;
(3) A
				  draft or the substance of the proposed rule or amendment or a designation of
				  the provisions the repeal of which is desired;
(4) A statement of the petitioner's interest
				  in the subject matter; and
(5) A
				  statement of the reasons in support of the proposed rule, amendment, or
				  repeal.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEDURE › Section 19-170-29 - Denial of petition

Current through June, 2024
Any petition that fails in any material respect to comply
					 with the requirements of this chapter or fails to disclose sufficient reasons
					 to justify the institution of public rulemaking proceedings shall not be
					 considered by the board. The board shall notify the petitioner in writing of
					 the denial, stating the reasons therefor. Denial of a petition shall not
					 operate to prevent the board from acting, on its own motion, upon any matter,
					 disclosed in the petition.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEDURE › Section 19-170-30 - Acceptance of petition

Current through June, 2024
If the board determines that the petition is in order and
					 that it discloses sufficient reasons in support of the proposed rulemaking to
					 justify the institution of rulemaking proceedings, the procedures to be
					 followed shall be as set forth in this chapter and the applicable provisions of
					 chapter
					 91, HRS.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEDURE › Section 19-170-31 - Notice of public hearing

Current through June, 2024
(a) Whenever,
				  pursuant to a petition or upon its own motion, the board proposes to adopt,
				  amend, or repeal any rule, a notice of proposed rulemaking shall be published
				  at least once in a newspaper of general circulation in the State. The notice
				  shall also be mailed to all agencies or persons who have made timely written
				  requests for advance notice of the development corporation's rulemaking
				  proceedings. All notices shall be published at least twenty days prior to the
				  date set for public hearing.
(b) A
				  notice of the proposed adoption, amendment, or repeal of any rule shall
				  include:
(1) A statement of the date, time,
				  and place where the public hearing will be held;
(2) Reference to the authority under which
				  the adoption, amendment, or repeal of the rule is proposed; and
(3) A statement of the substance of the
				  proposed rule.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEDURE › Section 19-170-33 - Board action

Current through June, 2024
The board shall consider all relevant comments and
					 materials of record before taking final action in a rulemaking proceeding.
					 Final action shall be taken within a reasonable amount of time
					 following:
(1) The final public
				  hearing; or
(2) The expiration of
				  any extension period for submission of written comments or recommendations,
				  whichever occurs later.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEDURE › Section 19-170-34 - Emergency rulemaking

Current through June, 2024
The board may adopt emergency rules pursuant to the
					 requirements of section
					 91-3(B),
					 HRS.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DEVELOPMENT GUIDELINES › Section 19-170-37 - Statutory purpose

Current through June, 2024
The development corporation was established for the
					 purpose of undertaking the redevelopment of the Aloha Tower complex in order to
					 strengthen the international economic base of the community in trade
					 activities, to enhance the beautification of the waterfront, to better serve
					 modern maritime uses, and to provide for public access and use of the
					 waterfront property, all of which are intended to further serve as a stimulant
					 to the commercial activities of the downtown business community and help
					 transform the waterfront into a people place. The development corporation may
					 act alone or enter into any form of joint venture or other undertaking with any
					 other governmental agency for the purpose of meeting its purpose of
					 redeveloping the Aloha Tower and adjoining waterfront areas.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-41 - Authority to select developers

Current through June, 2024
Except to the extent it may be limited by the terms of any
					 joint venture agreement with a public agency, the development corporation has
					 sole authority to select any qualified person to be a developer-lessee.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-42 - Selection process

Current through June, 2024
The development corporation, by itself or in conjunction
					 with any public sector joint venturer, may select qualified persons to develop
					 a development area pursuant to a process of direct negotiation, a request for
					 proposals, a competitive bidding process, or a combination of any or all of the
					 above. The development corporation shall determine the method for pursuing its
					 objectives, either alone or in conjunction with a joint venturer, or through a
					 cooperative arrangement with other governmental agencies.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-43 - Environmental assessment

Current through June, 2024
Either before or after selection of a qualified person to
					 develop a development area and prior to any actual construction or alteration
					 of the Aloha Tower complex or related areas, the development corporation, by
					 itself or in conjunction with any public sector joint venturer, shall cause an
					 environmental assessment or environmental impact statement to be prepared in
					 compliance with chapter
					 343, HRS. In the case where developer
					 selection is accomplished through a request-for-proposal process or a process
					 of direct negotiation, preparation of an environmental assessment or
					 environmental impact statement may be one of the selection criteria. Where a
					 developer is selected by competitive bidding, preparation of an environmental
					 assessment or environmental impact statement may be a part of the subject
					 matter of the bid, or may be accomplished by the development corporation alone
					 or in conjunction with a public sector joint venturer at public expense,
					 provided appropriations are available.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-45 - Submission requirements

Current through June, 2024
Any interested person wishing to respond to a request for
					 proposals shall submit 20 copies of the following information and material as
					 part of its proposal:
(1)
				  Qualifications of developer-lessee
(A)
				  Identification of the type of any legal entity with whom the development
				  corporation might enter into a long-term lease and development
				  agreement.
(B) Identification of
				  the developer-lessee and its project team, including key design consultants,
				  including all joint venture or limited partners and their respective percentage
				  of interest in the developer-lessee, if any.
(C) The previous relevant project experience
				  of the developer-lessee and its project team (including joint venture
				  partners); photographs, brief description of projects (date, location, concept,
				  land uses, size, construction cost, role of development entity, etc.)
(D) The previous experience of the
				  developer-lessee and its project team in on-going management and operation of
				  facilities with uses similar to those proposed in the RFP and relevant
				  experience, description of previous projects and role of consultants in the
				  developer-lessee's proposal.
(E)
				  Satisfactory evidence from the developer-lessee (including its joint venture
				  partners) to support the financial feasibility of the developer-lessee's
				  proposal.
(F) Three copies of the
				  developer-lessee's most recent audited financial statements must be submitted
				  confidentially under separate cover.
(G) Organizational and management approach,
				  and role of each development partner and major consultant, in the.
				  development.
(H) Developer-lessee
				  references.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-46 - Selection criteria

Current through June, 2024
In selecting qualified persons to be the developer-lessee
					 of all or any part of the Aloha Tower complex, the development corporation,
					 through its board, shall be guided by the following criteria:
(1) Qualifications of developer-lessee:
(A) Developer experience:
(i) Major urban projects involving:
(a) Hotel developments;
(b) Office buildings and complexes;
(c) Retail facilities and centers;
(d) Recreation/entertainment uses with large
				  public open spaces;
(e) Waterfront
				  locations.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-47 - Direct negotiation

Current through June, 2024
Should the development corporation and any joint venturer
					 determine to select a developer-lessee by direct negotiation, the board shall
					 prepare or cause to be prepared a development plan for the Aloha Tower complex
					 which incorporates the needs of the department of transportation and which
					 accommodates the plans, specifications, designs, or estimates of any project
					 the board finds acceptable and advisable to carry out the intent of chapter
					 206J, HRS. In selecting a qualified person to be the developer-lessee of all or
					 any part of the Aloha Tower complex, the development corporation, through its
					 board, shall be guided by the criteria listed in §
										19-170-46 of these rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-48 - Competitive bidding

Current through June, 2024
(a) Should the
				  development corporation and any joint venturer determine to select a
				  developer-lessee by competitive bidding, the board and any joint venturer shall
				  prepare or cause to be prepared a development plan for the Aloha Tower complex
				  which incorporates the needs of the department of transportation, and which
				  will implement the intent of chapter
				  206J, HRS.
(b) The development plan will be prepared in
				  sufficient detail and with the specificity which will enable qualified bidders
				  to submit competitive priced tenders based on definitive requirements. Terms
				  will be set forth generally in the advertisement for sealed tenders.
(c) Notice of the request for bids shall be
published not less than three times in the two major
					 Honolulu newspapers. No more than one of these publications shall be made on
					 any one day or on two consecutive days.
(d) Leases will be awarded on the basis of
				  the highest return to the State and joint venturer.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-51 - General purposes

Current through June, 2024
(a) The legislature
				  of the State of Hawaii, by chapter
				  206J, HRS, established the Aloha
				  Tower complex area. In so doing, the legislature found the following respecting
				  the Aloha Tower complex:
(1) The area in
				  downtown Honolulu on the waterfront, including the Hale Awa Ku Moku Building
				  and Irwin Memorial Park, is one of the most valuable properties in downtown
				  Honolulu and certain portions of this area should be redeveloped, renovated, or
				  improved to better serve the economic, maritime, and recreational needs of the
				  people of Hawaii; and
(2) The Aloha
				  Tower complex still serves a vital maritime function that must be maintained to
				  insure adequacy and viability for existing and future maritime
				  activities.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-52 - Development guidelines

Current through June, 2024
The development guidelines governing the corporation's
					 actions in the Aloha Tower complex area have been set forth in subchapter 4 of
					 the corporation's rules of practice and procedure and the findings and
					 recommendations of the Honolulu waterfront master plan.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-53 - Title

Current through June, 2024
These rules shall be known and may be cited as the Aloha
					 Tower complex rules for the Aloha Tower project area.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-54 - Plan incorporated by reference

Current through June, 2024
The Aloha Tower project area plan, is hereby incorporated
					 by reference and made a part of this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-56 - Rules for construction of language

Current through June, 2024
The following rules of construction apply to the text of
					 this chapter.
(1) The particular shall
				  control the general.
(2) In case of
				  any difference of meaning or implication between the text of this chapter and
				  any caption, illustration, map, summary table, or illustrative table, the text
				  shall control.
(3) The word 'shall"
				  is always mandatory and not discretionary. The word "may" is
				  permissive.
(4) Words used in the
				  present tense shall include the future; and words used in the singular number
				  shall include the plural, and the plural the singular, unless the context
				  clearly indicates the contrary.
(5)
				  A "building" or 'structure" includes any part thereof.
(6) The phrase "used for" includes "arranged
				  for", "designed for", "intended for", "maintained for", or "occupied
				  for".
(7) The word "person"
				  includes an individual, a corporation, a partnership, a limited liability
				  company, an incorporated association, or any other similar entity.
(8) Unless the context clearly indicates the
				  contrary, where a rule involves two or more items, conditions, provisions, or
				  events connected by the conjunction "and", "or", or "either... or", the
				  conjunction shall be interpreted as follows:
(A) "And" indicates that all the connected
				  items, conditions, provisions, or events shall apply.
(B) "Or" indicates that the connected items,
				  conditions, provisions, or events may apply singly or in any
				  combination.
(C) "Either... or"
				  indicates that the connected items, conditions, provisions, or events shall
				  apply singly but not in combination.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-57 - Establishment of the Aloha Tower complex and the Aloha Tower project area

Current through June, 2024
(a) The Aloha Tower complex area was
				  established by the legislature in 1981. As originally delineated, the complex
				  included primarily that area makai of Nimitz Highway between piers 8 and 11.
				  Subsequent legislatures have amended the boundaries to include piers 5 through
				  11.
(b) The Aloha Tower project
				  area is that portion of the Aloha Tower complex which has been designated for
				  the first phase of redevelopment by the Aloha Tower development corporation.
				  The boundaries of this project area may extend from piers 5 through 11 on the
				  makai side of Nimitz Highway excluding TMK parcel 2-1-14:6 (Hawaiian Electric).
				  An official survey map of the project area dated July 23, 1990 is on file at
				  the corporation's office. Maps showing subsequent changes to the project area
				  will be kept on file at the corporation's office.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-58 - Establishment and scope of controls

Current through June, 2024
(a) In harmony with
				  the purpose and intent of chapter
				  206J, HRS, these rules are
				  established by the Aloha Tower development corporation for the project area
				  controlling, regulating, and determining the height of buildings; minimum
				  setbacks; required open spaces; the density of buildings; the location and
				  amount of retail, office, hotel, residential, maritime, park, cultural, and
				  other appropriate uses; the location of buildings and other structures;
				  architectural design; urban design; historic and cultural sites; circulation
				  criteria; and other appropriate regulations relating to land use, zoning, and
				  planning for buildings and structures for all properties within the Aloha Tower
				  project area.
(b) This chapter,
				  together with the development plan for the Aloha Tower project area shall
				  govern all developments and use of properties within the project area. In case
				  of any discrepancy between the provisions of this chapter and the development
				  plan, this chapter shall control.
(c) No building permit shall be issued for
				  any development within the project area unless the development conforms to the
				  provisions of the development plan and this chapter.
(d) No public improvement or project within
				  the project area shall be initiated or adopted unless it conforms to and
				  implements the development plan and this chapter.
(e) Except as otherwise specifically
				  provided, the provisions of this chapter shall supersede the provisions of the
				  city and county of Honolulu's development plan (Ordinance No. 8179, as
				  amended), the provisions of the Hawaii Capitol District Ordinance (Article 7,
				  land use ordinance), and the provisions of the land use ordinance (Ordinance
				  86-96, as amended) as they all shall relate to properties within the project
				  area. The foregoing ordinances are hereby declared to be inconsistent with this
				  chapter, and shall therefor be inapplicable to development within the project
				  area unless otherwise specifically stated.
(f) All agencies of the city and state
				  governments shall perform their duties, functions, and powers which affect the
				  project area in accordance with the provisions of the development plan and this
				  chapter.
(g) The development
				  corporation shall not exercise any jurisdiction over any replacement facilities
				  located within the Aloha Tower complex required for necessary maritime purposes
				  and activities. Jurisdiction over such replacement facilities shall remain in
				  the department of transportation, state of Hawaii. The department of
				  transportation shall not be subject to these rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-59 - Project eligibility review

Current through June, 2024
(a) The executive
				  officer may require, at his discretion, prior to receipt of any application for
				  a development permit, a project eligibility review of the development project
				  to consider the project concept and its impact on infrastructure facilities
				  such as streets, pedestrian and bicycle circulation, sanitary sewers, drainage
				  and water, and to improve efficiency and avoid unnecessary delays and expense
				  in processing the formal development application. If the executive officer
				  determines that project eligibility review is required, no development
				  application shall be considered until such review has been completed.
(b) To conduct project eligibility review,
				  the applicant shall provide such information as the executive officer may
				  request in his discretion, including without limitation, the proposed site
				  plan, basic massing, floor area allocation and location of proposed uses,
				  off-street parking and loading, pedestrian and vehicular circulation, and
				  location of existing and proposed improvements and utilities.
(c) To the extent possible, project
				  eligibility review shall be completed within thirty days of the executive
				  officer's determination to require the review.
(d) Development shall not be approved unless
				  adequate infrastructure facilities are or will be made available to service the
				  proposed development prior to occupancy. The executive officer may consult with
				  applicable governmental agencies regarding the adequacy of infrastructure
				  requirements. Any development approval may be subject to such conditions as the
				  corporation may impose under these rules, including without limitation, the
				  requirement that the concerns and requirements of appropriate governmental
				  agencies relative to the adequacy of infrastructure facilities for the proposed
				  development are satisfied.
(e)
				  Notwithstanding a requirement for a project eligibility review, potential
				  applicants may seek preliminary review of their proposed developments with the
				  executive officer prior to submitting an application for a development
				  permit.
(f) Approval of
				  construction plans by ATDC shall constitute a determination that the project
				  has met the project eligibility review requirements herein.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-60 - Requirement of development permit

Current through June, 2024
(a) A building
				  permit shall not be issued for any development within the Aloha Tower project
				  area until the developer has obtained from the corporation a development permit
				  certifying that the development complies with this chapter and the development
				  plan.
(b) An application to the
				  corporation for a development permit shall include complete, detailed
				  information showing that the development complies with all of the provisions of
				  this chapter and the development plan. The corporation may determine the nature
				  and extent of the information required in the application.
(c) Prior to submission of an application to
				  the development corporation which impacts or affects the operations or maritime
				  facilities of the department of transportation (DOT), state of Hawaii, the
				  executive officer shall require that the applicant show that it has notified
				  the DOT of its request and that it has consulted with the DOT in regard thereto
				  and taken into account the DOT'S needs and requirements.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-62 - Appeals

Current through June, 2024
(a) The corporation shall hear and determine
				  appeals from the actions of the executive officer in the administration of this
				  chapter. An appeal shall be sustained only if the corporation finds that the
				  executive officer's action was based on an erroneous finding of a material
				  fact, or that the executive officer had acted in an arbitrary or capricious
				  manner or had manifestly abused his discretion.
(b) All appeals and appeal procedures shall
				  comply with the provisions of subchapter 7 of chapter 1516, Hawaii
				  Administrative Rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-63 - Variances

Current through June, 2024
(a) The corporation shall hear and determine
				  petitions for varying the application of this chapter with respect to a
				  specific parcel of land and building, and may grant a variance based on
				  unnecessary hardship if the record shows that:
(1) The applicant would be deprived of the
				  reasonable use of land or building if it were used only for the purpose allowed
				  in that zone;
(2) The request of
				  the applicant is due to unique circumstances and not the general conditions in
				  the area, so that the reasonableness of the zoning is not drawn into question;
				  and
(3) The use sought to be
				  authorized by the variance will not alter the essential character of the area
				  nor be contrary to the intent and purpose of this chapter or the development
				  plan.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-64 - Nonconformities

Current through June, 2024
(a) Except as otherwise provided,
				  nonconforming uses of land and structures, and nonconforming lots, structures,
				  parking and loading within the project area may be continued subject to the
				  provisions hereinafter specified.
(b) Nonconforming use of land shall not:
(1) Be enlarged, increased or extended to
				  occupy a greater area of land than was occupied on January 1, 1991;
(2) Continue if it ceases for any reason
				  (except where government action impedes access to the premises) for a period of
				  more than six consecutive months or for twelve months during any three-year
				  period; or
(3) Be moved in whole or
				  in part to any portion of the lot or parcel other than that occupied by the use
				  on January 1, 1991;
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-65 - Application fees

Current through June, 2024
(a) All fees required pursuant to the
				  provisions of this chapter shall be paid upon application. Application fees are
				  not refundable. If a joint hearing is held for more than one permit requiring a
				  public hearing for a single development project, only one public hearing fee
				  shall be charged.
(b) Government
				  agencies shall be exempt from all fees required by this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-66 - Violations

Current through June, 2024
The corporation may maintain an action for an injunction
					 to restrain any violation of this chapter or the development plan, and may take
					 any other lawful action to prevent or remedy any violation.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-67 - Amendments

Current through June, 2024
This chapter may be amended pursuant to chapter
					 91, HRS, as may be necessary.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - GENERAL PROVISIONS › Section 19-170-68 - Severability

Current through June, 2024
(a) 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.
(b)
				  If a court of competent jurisdiction finds the application of any provision or
				  provisions of this chapter to any zoning lot, building or other structure, or
				  tract of land to be invalid or ineffective in whole or in part, the effect of
				  that decision shall be limited to the person, facility, or situation
				  immediately involved in the controversy, and the application of any such
				  provision to other persons, facility, or situations shall not be
				  affected.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-69 - Establishment of land use zones

Current through June, 2024
Within the project area, there are hereby established the
					 following land use zones:
(1)
				  Maritime/Office/Commercial zone (M/O/C) zone;
(2) Commercial/Residential (C/R)
				  zone;
(3)
				  Hotel/Office/Commercial/Residential (H/O/C/R) zone; and
(4) Park (P) zone.
The boundaries for each zone are set forth in exhibit
					 entitled "Land Use Zones" and dated 2012. The exhibit is made a part of this
					 section and is located at the end of the chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-70 - M/O/C zone: purpose and intent

Current through June, 2024
The maritime/office/commercial zone (M/O/C) established by
					 this chapter is designed to promote and protect the public health, safety, and
					 general welfare. These general goals include, among others, the following
					 specific purposes:
(1) To meet the
				  needs of the state's maritime industry, and to serve as a center for cruise
				  ship operations on Oahu, in addition to Pier 2 and, in particular, to serve the
				  terminal needs for large international cruise ships;
(2) To help meet the need for office and
				  commercial space in downtown Honolulu and, regarding office space, with
				  emphasis on maritime related uses; and/or
(3) To provide a multiple purpose venue in
				  downtown Honolulu for performing arts, sports and entertainment
				  events.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-71 - M/O/C zone: use rules

Current through June, 2024
Within the maritime/office/commercial zone (M/O/C), the
					 following uses and structures shall be permitted:
(1) Maritime uses:
(A) Piers, wharves and docks;
(B) Terminals for passengers arriving or
				  departing by ship, ferry, day/dinner cruise boat or water taxi;
(C) Transient berthing facilities;
(D) Sales offices for commercial maritime
				  operations;
(E) Maritime fueling
				  facilities;
(F) Short-term cargo
				  and supply storage facilities;
(G)
				  Government offices for federal and state maritime related
				  operations,-.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-72 - M/O/C zone: development requirements

Current through June, 2024
Within the maritime/office/commercial zone (M/O/C), the
					 following development requirements shall apply:
(1) Floor areas:
(A) Maritime terminal facilities: A maximum
				  155,000 gross square feet (less the square footage comprising the multipurpose
				  venue), or such lesser area as the Department of Transportation, State of
				  Hawaii, shall require, of facilities for maritime uses located on the first two
				  levels of the terminal structure;
(B) Multipurpose venue: A minimum indoor
				  capacity of 1,000 persons;
(C)
				  Office uses: A maximum of 85,000 gross square feet for both government and
				  private offices located above the maritime terminal facilities;
(D) Retail uses: A maximum of 30,000 gross
				  square feet located on the first two levels of the terminal
				  structure.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-73 - C/R zone: purpose and intent

Current through June, 2024
The commercial/residential zone (C/R) established by this
					 chapter is designed to promote and protect the public health, safety, and
					 general welfare. These general goals include, among others, the following
					 specific purposes:
(1) To promote an
				  environment where retail, commercial and residential uses will coexist
				  compatibly alongside maritime uses;
(2) To create a vibrant, attractive retail,
				  commercial and residential "people place" which will attract downtown workers,
				  local residents and island visitors during daytime and evening hours;
(3) To protect, enhance and restore the
				  historic Aloha Tower structure as the dominant feature in the zone;
(4) To provide housing in close proximity to
				  the downtown workplace, thus reducing the residents' dependence on vehicular
				  transportation; and/or
(5) To help
				  meet the need for high quality office space in downtown Honolulu.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-74 - C/R zone: use rules

Current through June, 2024
Within the commercial/residential zone (C/R), the
					 following uses and structures shall be permitted:
(1) Commercial uses:
(A) Food markets, stores, delicatessens, and
				  bakeries;
(B) Drug
				  stores;
(C) Liquor
				  stores;
(D) General merchandise and
				  variety stores;
(E) Apparel and
				  accessories;
(F) Eating and
				  drinking establishments;
(G)
				  Specialty retail establishments, including those on movable carts;
(H) Banks and financial institutions,
				  insurance and real estate offices;
(I) Personal and professional service
				  establishments;
(J) Theaters,
				  concerts, performing arts, museums, art galleries, classrooms, educational
				  facilities, libraries, and historical sites;
(K) Commercial entertainment, sports and
				  recreational facilities (indoor and outdoor) and local and community-event
				  s;
(L) Offices, professional
				  offices, travel agencies, meeting facilities, conference rooms and other office
				  uses;
(M) Private recreation and
				  athletic clubs;
(N) Hotels and
				  related services, including food and beverage, retail, recreational and
				  business service facilities;
(O)
				  Car rental and ground tour operations.
(P) Fairs, markets, exhibitions and social
				  functions.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-75 - C/R zone: development requirements

Current through June, 2024
Within the commercial/residential zone (C/R), the
					 following development requirements shall apply.
(1) Floor areas:
(A) Retail uses: A maximum of 3 00,000 gross
				  square feet located on the lower three floors of a commercial "marketplace"
				  structure;
(B) Office uses: A
				  maximum of 16 0,00 0 gross square;
(C) Residential uses: A maximum of 100,000
				  gross square feet.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-76 - H/O/C/R zone: purpose and intent

Current through June, 2024
The hotel/office/commercial/residential zone (H/O/C/R)
					 established by this chapter is designed to promote and protect the public
					 health, safety, and general welfare. These general goals include, among others,
					 the following specific purposes:
(1)
				  To provide overnight accommodations and services for neighbor island and
				  out-of-state visitors in close proximity to the downtown business and civic
				  center activities;
(2) To help meet
				  the need for high quality office space in downtown Honolulu;
(3) To provide housing in close proximity to
				  the downtown workplace, thus reducing the residents' dependence on vehicular
				  transportation; and/or
(4) To
				  provide revenues in excess of those required to develop the uses in this zone
				  in order to provide the maritime and public uses within the Aloha Tower project
				  at no financial cost to the general public.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-77 - H/O/C/R zone: use rules

Current through June, 2024
Within the hotel/office/commercial/residential zone
					 (H/O/C/R), the following uses and structures shall be permitted:
(1) Maritime uses:
(A) Piers, wharves and docks;
(B) Terminals for passengers arriving or
				  departing by ship, ferry, day/dinner cruise boat or water taxi;
(C) Transient berthing facilities;
(D) Sales offices for commercial maritime
				  operations;
(E) Maritime fueling
				  facilities;
(F) Short-term cargo
				  and supply storage facilities;
(G)
				  Government offices for federal and state maritime related operations.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-78 - H/O/C/R zone: development requirements

Current through June, 2024
Within the hotel/office/commercial/residential zone
					 (H/O/C/R), the following development requirements shall apply.
(1) Floor areas/units:
(A) Maritime terminal facilities: Maritime
				  terminal facilities as the Department of Transportation, State of Hawaii, shall
				  require;
(B) Hotel uses: A minimum
				  of 109 hotel suites to a maximum of 350 guest rooms;
(C) Retail uses: A maximum of 40,000 gross
				  square feet excluding hotel or office related shops and services;
(D) Office/residential uses: A cumulative
				  maximum of 550,000 gross square feet (excluding future hotel conversion
				  units).
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-79 - P zone: purpose and Intent

Current through June, 2024
The park zone (P) established by this chapter is designed
					 to promote and protect the public health, safety and general welfare. These
					 goals include, among others, the following specific purposes:
(1) To provide much needed improved public
				  open space for passive recreational activities in the downtown and waterfront
				  areas; and/or
(2) To protect,
				  enhance and restore the historically significant features in the zone which are
				  important links to past eras in the waterfront area.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - LAND USE ZONE RULES › Section 19-170-80 - P zone: use rules

Current through June, 2024
Within park zone (P), the following uses and structures
					 shall be permitted:
(1) Public uses;
(A) Parks, plazas, promenades and other
				  public open spaces;
(B) Historic
				  structures, museums and interpretive displays;
(C) Pavilions, bandstands, gazebos and other
				  open-air structures for performing and entertaining;
(D) Underground parking facilities and access
				  ways thereto;
(E) Public
				  restrooms;
(F) Piers and landings
				  for use by small boats and water taxis.