reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-85 - Lapse of development permit

Current through June, 2024
(a) Any development
				  permit granted under the provisions of this chapter shall automatically lapse
				  if the initial building permit authorizing the construction of the foundation
				  or superstructure of the project has not been issued within two years from the
				  date of granting the permit, or, if judicial proceedings to review the decision
				  to make the grant is instituted, from the date of entry of the final order in
				  such proceedings including all appeals.
(b) Should a development permit provide for
				  phased construction, the phases shall be constructed in accordance with the
				  time periods set forth therein; however, if no time is specified, the
				  development permit shall lapse if the building permit for the subsequent phase
				  shall not have been issued within one year of the issuance of the occupancy
				  permit for the previous phase.
(c)
				  The authority or executive director, as the case may be, may grant an extension
				  to the effective period of a development permit approved by the same, not to
				  exceed two years, upon the applicant's request and justification in writing for
				  an extension, provided the request and justification are received by the
				  authority or executive director at least one hundred days in advance of the
				  automatic termination date of the development permit and there are no material
				  changes in circumstances which may be cause for denial of the extension. A
				  public hearing shall be held on an extension request if a public hearing was
				  held on the development permit or any variance or modification granted as part
				  of the development permit process.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-86 - Conditions

Current through June, 2024
The authority or executive director, as the case may be,
					 may attach to a development permit conditions which may concern any matter
					 subject to regulation under this chapter, including, but not limited to, the
					 following:
(1) Minimizing any adverse
				  impact of the development on other land, including the hours of use and
				  operation and the type and intensity of activities which may be
				  conducted;
(2) Controlling the
				  sequence of development, including when it must be commenced and
				  completed;
(3) Controlling the
				  duration of use of development and the time within which any structures must be
				  removed;
(4) Assuring that
				  development, including all street furniture located in yards and bus stop
				  shelters, is maintained properly in the future;
(5) Designating the exact location and nature
				  of development;
(6) Establishing
				  more detailed records by submission of drawings, maps, plats or
				  specifications;
(7) Requiring
				  provision by the developer of streets, other rights-of-way, pedestrianways,
				  bikeways, utilities, parks, and other open space, all of a quality and quantity
				  reasonably necessary for the proposed development;
(8) Requiring the connection of such
				  development to existing public service systems;
(9) Requiring the applicant to demonstrate
				  financial, organizational, and legal capacity to undertake the development that
				  is proposed, and to offer written assurance of compliance with any
				  representations made by it as part of the application for the development
				  permit and any conditions attached to the permit;
(10) Requiring the applicant to submit
				  periodic reports showing what progress has been made in complying with any of
				  the conditions imposed;
(11)
				  Requiring the applicant to indicate the method of relocation of tenants and
				  businesses; and
(12) Requiring the
				  applicant to indicate the method of handling safety and security concerns,
				  including the lighting of building interiors, grounds, landscaping, parking
				  areas, and exterior common areas.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-87 - Requirement of providing reserved housing units

Current through June, 2024
(a) Every
				  applicant for a development containing multi-family dwelling units on a
				  development lot of at least 20,000 square feet shall provide at least twenty
				  per cent of the total number of dwelling units in the development for sale or
				  rental to qualified persons as determined by the authority.
(b) The units, hereinafter referred to as
				  "reserved housing units", shall be sold or rented to persons qualifying under
				  the terms and conditions set forth under subchapter 7 of chapter
				  15-22. The applicant shall execute
				  agreements as are appropriate to complement this requirement, and the
				  agreements shall be binding upon the applicant and the applicant's successors
				  in interest, and shall run with the land. The agreement shall provide that the
				  applicant must provide certification to the authority as to the compliance of
				  the requirements herein.
(c) The
				  reserved housing requirements shall be satisfied in accordance with section
				  15-22-115.
(d) No building permit
				  shall be issued for any development until the authority has certified that the
				  development complies with the requirements of this section. 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 provided and
				  that they are continuously occupied by qualified persons. When this has been
				  assured to the satisfaction of the authority and it has determined that the
				  proposed development meets the requirements and standards of this section, the
				  authority shall certify the application approved as to the housing requirements
				  of this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-88 - Modification of specific provisions

Current through June, 2024
As a part of the development permit review process, the
					 authority may modify plan and rule requirements provided a public hearing is
					 held. Except as otherwise specifically provided, modifications may be granted
					 only to the following:
(1) Building
				  envelope requirements;
(2)
				  Yards;
'(3) Loading space;
(4) Parking;
(5) Number of reserved housing units and the
				  cash-in-lieu of providing reserved housing units; and
(6) Open space, as follows:
(A) Obstructions overhead that enhance
				  utilization and activity within open spaces or do not adversely affect the
				  perception of open space; and
(B)
				  Height from sidewalk elevation of four feet may be exceeded at a maximum
				  height-to-length of 1:12 if superior visual relief from building mass
				  results.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-89 - Conditions for modification

Current through June, 2024
(a) In order for
				  the authority to consider modification of the zoning requirements listed in
				  section 15-23-88, the applicant must demonstrate that:
(1) The modification would provide
				  flexibility and result in a development that is practically and aesthetically
				  superior to that which could be accomplished with the rigid enforcement of this
				  chapter;
(2) The modification would
				  not adversely affect adjacent developments or uses; and
(3) The resulting development will be
				  consistent with the intent of the makai area plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 4 - SPECIAL URBAN DESIGN RULES › Section 15-23-138 - Statement of purposes

Current through June, 2024
The purpose of this subchapter is to provide for a high
					 quality of urban design in the makai area with an emphasis on the pedestrian
					 environment, and to promote a strong relationship between individual
					 developments and the overall context.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 4 - SPECIAL URBAN DESIGN RULES › Section 15-23-139 - Applicability

Current through June, 2024
This subchapter shall apply to any development located on
					 any development lot within the makai area and constructed after October 10,
					 1998, except alterations to nonconforming structures, public improvements and
					 conditional use of vacant land.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 4 - SPECIAL URBAN DESIGN RULES › Section 15-23-140 - Streetscapes

Current through June, 2024
(a) A high priority is placed on the
				  streetscape design in the makai area in order to promote an outstanding
				  pedestrian environment with access to the waterfront, parks, and commercial
				  developments.
(b) The placement and
				  location of curb cuts for driveways and drop-off areas shall be regulated as
				  follows in order to promote continuous sidewalks without breaks or
				  interruptions.
(1) No curb cuts or drop-off
				  areas, except as needed to allow access for persons with disabilities, shall be
				  permitted along Ala Moana Boulevard, and Halo Street between Ahui and Punchbowl
				  Streets; and
(2) Curb cuts and
				  drop-off areas may be permitted in other areas if the executive director finds
				  that the curb cut or drop-off area will not result in unreasonable conflict
				  between pedestrian and vehicular circulation and will result in a good site
				  plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 4 - SPECIAL URBAN DESIGN RULES › Section 15-23-141 - Tower spacing and circulation

Current through June, 2024
(a) Spacing between
				  building towers shall be based upon the tower location on the development lot
				  and distances between neighboring towers. To the extent practicable, tower
				  spacing shall be as follows:
(1) At least two
				  hundred feet between the long parallel sides of neighboring towers;
				  and
(2) At least one hundred fifty
				  feet between the short side of towers.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 4 - SPECIAL URBAN DESIGN RULES › Section 15-23-142 - Landscaping

Current through June, 2024
(a) The authority recognizes the aesthetic,
				  ecological, and economic value of landscaping and requires its use to establish
				  an outstanding visual environment, to promote compatibility between land uses
				  by reducing impacts of specific developments, and to enhance and define public
				  and private spaces.
(b) All
				  required yards shall be landscaped, except that front yards may be paved in
				  accordance with specifications that are subject to review and approval by the
				  executive director if ground floor windows are provided.
(c) Street trees shall be provided in
				  accordance with specifications that are subject to review and approval by the
				  executive director. Unless otherwise approved by the executive director, street
				  trees shall be planted adjacent to the curb, forty feet on center or closer,
				  and be a minimum of 4.5 inch caliper, except coconut palms, which shall be a
				  minimum of fifteen feet tall, as follows:
Street
Botanical Name
Common Name
Ala Moana Boulevard
Cocos Nuciferas
Coconut Palm
Cooke
Cordia Subcordata
True Kou
Coral
Cordia Subcordata
True Kou
Samanea Saman
Monkey Pod
Ilalo Keawe
Cordia Subcordata
True Kou
Koula
Cordia Subcordata
True Kou
Ohe
Cordia Subcordata
True Kou
Olomehani
Cordia Subcordata
True Kou
Punchbowl
Cordia Subcordata
True Kou
South
Cordia Subcordata
True Kou
(d) The planting, removal, and maintenance of
				  street trees within the public right-of-way fronting any development lot shall
				  be subject to the approval of the department of parks and recreation, city and
				  county of Honolulu.
(e) The
				  planting, removal, and maintenance of trees within the front yard setback area
				  of any development lot or nonconforming property shall be subject to the
				  approval of the executive director. Any tree six inches or greater in trunk
				  diameter shall not be removed except under the following conditions:
(1) There are no alternatives to removal to
				  achieve appropriate development on the site;
(2) The tree is a hazard to public safety or
				  welfare;
(3) The tree is dead,
				  diseased, or otherwise irretrievably damaged; or
(4) The applicant can demonstrate that the
				  tree is unnecessary due to overcrowding of vegetation.
Where possible, trees proposed for removal shall be
					 relocated to another area of the project site. No person shall injure or
					 destroy any tree in any manner or by any means. Property owners shall be
					 responsible for ensuring that all trees within the front yard setback area are
					 properly maintained and do not cause any hazard to public safety or
					 welfare.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 4 - SPECIAL URBAN DESIGN RULES › Section 15-23-143 - Modification of urban design requirements

Current through June, 2024
The authority or executive director, as the case may be,
					 may allow modifications to the requirements of this subchapter. Modifications
					 will be allowed if a finding is made that the modifications will enhance the
					 design and quality of the development, or will not adversely affect the overall
					 intent of this chapter and the makai area plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 5 - HISTORIC AND CULTURAL SITES › Section 15-23-158 - Statement of purposes

Current through June, 2024
The purpose of this subchapter is to preserve, protect,
					 reconstruct, rehabilitate and restore properties situated in the district that
					 are determined by the authority to be historic and culturally
					 significant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 5 - HISTORIC AND CULTURAL SITES › Section 15-23-159 - Historic or culturally significant property defined

Current through June, 2024
The term, "property", as used in this subchapter, includes
					 a site, location, facility, building, structure, setting or object. "Historic
					 or culturally significant property" means any property that is:
(1) Listed on the Hawaii or national register
				  of historic places; or
(2)
				  Designated in the makai area plan as being: significant in the history or
				  prehistory, architecture, culture, or development of Kakaako; a tangible,
				  historic or cultural linkage between Kakaako of the past and Kakaako of the
				  present; and capable of productive use to the extent that its owner is able to
				  earn a reasonable return.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 5 - HISTORIC AND CULTURAL SITES › Section 15-23-160 - Designation

Current through June, 2024
Properties deeraed historic or culturally significant by
					 the authority are so designated in the raakai area plan. In addition to the
					 properties detemained to be significant and listed on the makai area plan,
					 other properties may be considered for designation by the
					 authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 5 - HISTORIC AND CULTURAL SITES › Section 15-23-161 - Procedure for designation

Current through June, 2024
(a) Any person,
				  including a governmental agency, or the authority on its own initiative, may
				  nominate any property for designation on the makai area plan as an historic or
				  culturally significant property by the rule-making procedures set forth in the
				  authority's rules of practice and procedure.
(b) In addition to the general rule-making
				  petition requirements, each nomination shall contain the following information:
(1) The name of the property nominated for
				  designation;
(2) The tax map key
				  identification of the property and name or names of the owner or owners of the
				  property;
(3) A description of the
				  property and how it qualifies for designation under section 15-23-160;
				  and
(4) A statement of the
				  property's historic or cultural significance,
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 5 - HISTORIC AND CULTURAL SITES › Section 15-23-162 - Uses

Current through June, 2024
A property designated historic or culturally significant
					 may be put to any use permitted in the land use zone in which the property is
					 situated, subject to the requirements of section
					 15-23-164. Setback requirements
					 shall not be enforced as to any lot on which an historic or culturally
					 significant property is situated where the enforcement would result in damage
					 to or destruction of the historic or culturally significant features of the
					 property.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 5 - HISTORIC AND CULTURAL SITES › Section 15-23-163 - Protective maintenance

Current through June, 2024
All historic or culturally significant properties
					 designated by the authority on the makai area plan shall be properly maintained
					 and kept in good repair.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 5 - HISTORIC AND CULTURAL SITES › Section 15-23-164 - Certificate of appropriateness

Current through June, 2024
(a) No permit shall
				  be issued by the city and county of Honolulu for demolition, construction,
				  alteration, repair or improvement which will affect any historic or culturally
				  significant property, except after the issuance by the authority of a
				  certificate of appropriateness.
(b)
				  A developer, owner, or lessee of a historic or culturally significant property
				  shall file with the executive director an application for a certificate of
				  appropriateness for any proposed demolition, construction, alteration, repair,
				  or improvement which will affect such historic or culturally significant
				  property. The application shall be accompanied by supporting data and
				  documents, including, as appropriate, the following:
(1) A description of the historic or
				  culturally significant property affected by the proposed project;
(2) An area site plan indicating the location
				  and nature of the project site improvements and site relationship to
				  surrounding improvements;
(3) Data
				  on size, appearance, and form with sketches and perspectives of the building or
				  structure proposed to be constructed, repaired or improved; and
(4) Plans, elevations, and sections that fix
				  and describe the project as to architectural character, and an outline
				  specification setting forth exterior finishes and colors.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 6 - MASTER PLAN RULES › Section 15-23-178 - Purpose and intent

Current through June, 2024
Rules relating to master plans contained within the mauka
					 area rules are incorporated herein by reference with the exception that hotel
					 uses will not be permitted and that floor area and uses permissible in the
					 mauka area will not be transferred to the makai area.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 7 - RULES REVIEW AND AMENDMENT › Section 15-23-192 - Rules review and amendment

Current through June, 2024
The makai area rules may be reviewed and amended in
					 accordance with the authority's rules of practice and procedure."
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				  this chapter is to ensure relocation assistance to individuals, families,
				  businesses, and nonprofit organizations displaced in the Kakaako community
				  development district as a result of development actions.
(b) The provisions of chapter 111, HRS, shall
				  not apply to displacements by state and county agencies within the Kakaako
				  district, and the provisions of this chapter shall apply whenever any
				  individual, family, or business concern occupying property within the Kakaako
				  district is displaced by the Hawaii community development authority or any
				  other governmental agency in the process of acquiring real property for public
				  improvement projects or in carrying out various code enforcement activities
				  consistent with the intent and provisions of the Kakaako community development
				  district plan. The authority shall provide relocation assistance to persons
				  displaced by private sector actions, provided that the assistance shall not
				  include any form of direct monetary payments, except that the authority may
				  make relocation loans to displaced businesses in accordance with this
				  chapter.
(c) If funds for
				  relocating any displaced person have been loaned or furnished, wholly or in
				  part, by the federal government, the terms and provisions required by the
				  United States Uniform Relocation Assistance Act of 1970 shall apply.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-4 - Relocation payments

Current through June, 2024
Except as provided as optional payments in §§
										15-24-6,
					 15-24-21 and
					 15-24-28, any person displaced by
					 any governmental agency shall be entitled to receive a payment for actual
					 reasonable moving expenses, supported by a receipted bill or other evidences of
					 expenses incurred. The distance of the move shall not exceed fifty miles
					 measured in a straight line. There is no occupancy time limit for eligibility
					 for moving expense payments. Where it is shown to be in the public interest,
					 the executive director may give prior approval to more than one move of a
					 displaced person. In order to obtain a moving expense payment, a displaced
					 person shall file written claim with the displacing governmental agency on a
					 form provided by the authority. By written prearrangement among the displacing
					 governmental agency, the displaced person, and the mover, the displaced person
					 may present an unpaid moving bill to the displacing governmental agency and the
					 agency may pay the mover directly. The agency may enter into a contract with
					 independent movers on a scheduled basis and furnish a displaced person with a
					 list of movers to choose from to move the person's property. In such instances,
					 the displacing governmental agency shall pay the mover.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-5 - Partial acquisition

Current through June, 2024
Where partial acquisition of real property occurs, the
					 cost of moving personal property from the area acquired to a remainder area
					 shall be considered moving expenses eligible for compensation if removal of the
					 property is necessary and is not otherwise compensated.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-6 - Optional relocation payments for displaced persons - general

Current through June, 2024
(a) Where necessary, a displaced person
				  falling within § 15-24-4 may store personal property for a reasonable time
				  pending location of replacement housing or business location but in no event
				  shall the storage be for a period exceeding one year. The cost of storage shall
				  be considered as part of the moving costs. These costs shall be paid only after
				  a showing of necessity for storage and approval by the displacing governmental
				  agency. A displacee receiving an in-lieu-of payment in accordance with
				  §§ 15-24-21(b) and 15-24-28(b) shall not be eligible for a storage
				  payment.
(b) In lieu of the
				  payments authorized by §§ 15-24-4, 15-24-21 and 15-24-28, the
				  displacing governmental agency may, at its expense, undertake to move as
				  applicable the personal effects or business to the site to which the displaced
				  person is to be relocated.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-7 - Ineligible moving and related expenses

Current through June, 2024
A displaced person is not entitled to payment for:
(1) The cost of moving any structure or other
				  real property improvement;
(2)
				  Interest on a loan to cover moving expenses;
(3) Loss of goodwill;
(4) Loss of profits;
(5) Loss of trained employees;
(6) Any additional operating expenses of a
				  business incurred because of operating in a new location except as provided in
				  § 15-24-22(b)(8);
(7) Personal
				  injury;
(8) Any legal fee or other
				  cost for preparing a claim for a relocation payment or for representing the
				  claimant before the agency;
(9)
				  Expenses for searching for a replacement dwelling;
(10) Physical changes to the real property at
				  the replacement location of a business except as provided in §§
				  15-24-21(e) and 15-24-22(b); or
(11) Costs for storage of personal property
				  on real property already owned or leased by the displaced person.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-8 - Displacement by private action

Current through June, 2024
(a) The authority
				  may provide advisory services to individuals, families and businesses displaced
				  by private action within the district, provided that the assistance shall not
				  include any form of direct monetary payments, except that the authority may
				  make relocation loans to displaced businesses in accordance with this chapter.
				  The advisory services may include, but not be limited to, assistance in
				  securing relocation sites within and outside the district.
(b) Temporary relocation facilities may be
				  made available to private action displacees provided that those displaced by
				  government action are to be given priority to the use of the
				  facilities.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-9 - Reimbursement

Current through June, 2024
(a) Any person displaced as a result of a
				  building, zoning, or other similar code enforcement activity shall be entitled
				  to receive a payment for actual reasonable moving expenses as authorized by
				  this chapter, provided that such displaced person did not lease or rent the
				  premises with knowledge of the violation and was not responsible in any way for
				  the violation. The displacing agency shall have the right to recover from the
				  party responsible for a code violation any monies paid out pursuant to this
				  subsection. Such amount shall be recoverable by the displacing agency in the
				  same manner as a debt due.
(b) If
				  the person responsible for the code violation is the owner of real property
				  from which persons are forced to move because of a code enforcement activity,
				  and such responsible person fails to pay the displacing agency within sixty
				  days after written demand, the displacing agency may claim a lien against the
				  real property from which persons are displaced. This lien shall be in addition
				  to any other remedy the displacing agency may have. Such lien may be foreclosed
				  in the same manner as liens for real property taxes and in accordance with
				  §§
										246-55 to
				  246-61, HRS.
(c) Payments in accordance with this section
				  to the displacing agency by the party responsible for the code violation shall
				  not relieve the party from complying with the notices ordering compliance with
				  codes issued by the displacing agency.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-10 - Temporary relocation facilities

Current through June, 2024
(a) The authority
				  may provide relocation facilities within or outside the district for temporary
				  occupancy by individuals, families and businesses displaced by development
				  action in the district.
(b) Tenant
				  occupancy in relocation facilities provided by the authority shall be
				  temporary. Displacees may be issued revocable permits of occupancy, provided
				  that a displacee shall not be allowed to occupy a temporary relocation facility
				  for more than six months after completion of a development project in which
				  said displacee has secured an option to lease, or three years, whichever occurs
				  first.
(c) Temporary relocation
				  facilities provided by the authority shall be made available to displacees at
				  fair market rental.
(d) Eligibility
				  for the use of temporary relocation space shall be based on a priority system,
				  with displacees of government action having precedence over all others.
				  Displacees of private development actions having the longest tenancy in the
				  Kakaako district shall be afforded second priority, provided the displacees are
				  legitimate businesses which will be conducting activities that are permitted at
				  the site on which the temporary relocation facility is located.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-11 - Application and prompt payments

Current through June, 2024
(a) Applications
				  for any relocation or reestablishment payments authorized by this chapter shall
				  be on forms provided by the authority, shall be accompanied by the information
				  and documents as may be required by the authority and shall be filed with the
				  displacing governmental agency.
(b)
				  No application for any relocation or reestablishment payments authorized by
				  this chapter shall be accepted more than eighteen months after the date of the
				  commencement of the move, nor shall any such payment be made prior to the
				  completion of the move except in cases of hardship.
(c) All relocation and reestablishment
				  payments authorized by this chapter shall be paid within thirty days after the
				  completion of the move or within thirty days after the date of application if
				  application is made after the move is completed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-12 - Rights of displacees

Current through June, 2024
All displaced persons shall have the following
					 rights:
(1) Access to information
				  collected by the authority on replacement housing and replacement business
				  sites both temporary and permanent;
(2) Access to information regarding types of
				  payments;
(3) That the displacee
				  shall not be required to vacate without 90 days written notice by the
				  displacing governmental agency; and
(4) That eviction proceedings shall be
				  initiated only in the event that the displacee remains on the property past the
				  90-day written notice without the displacing governmental agency's written
				  permission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-13 - Right to appeal

Current through June, 2024
(a) An applicant
				  for a payment under this chapter shall be notified promptly in writing
				  concerning the applicant's eligibility for the payment claimed, the amount, if
				  any, the applicant is entitled to receive, and the time and manner in which the
				  payment will be made.
(1) Any person
				  aggrieved by a determination as to their eligibility for payment authorized by
				  this chapter, or the amount of the payment, may request in writing that the
				  application be reviewed by the authority. The request shall be made within 60
				  days of receipt of written notification from the displacing governmental agency
				  regarding eligibility and shall contain all necessary data and information in
				  support of the applicant's contention. The executive director shall first
				  review the request and then forward it with recommendations to the authority
				  for review and decision.
(2) The
				  authority shall hear and determine appeals. An appeal shall be sustained only
				  if the authority finds that the displacing governmental agency's action was
				  based on an erroneous finding of a material fact, or that the agency had acted
				  in an arbitrary or capricious manner or had manifestly abused its
				  discretion.
(3) Any aggrieved
				  applicant who is not satisfied with the decision of the authority may appeal
				  the determination to the circuit court of the circuit in which the aggrieved
				  applicant resides.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-14 - Documentation

Current through June, 2024
(a) A governmental agency which displaces any
				  person shall maintain relocation records for its displacements showing:
(1) Project and parcel
				  identification;
(2) Names and
				  addresses of displaced persons and their original and new addresses and
				  telephone numbers (if available);
(3) Personal contacts made with each
				  displaced person including:
(A) Date of
				  notification of availability of relocation payments and services;
(B) Name of the official offering or
				  providing relocation assistance;
(C) Whether the offer of assistance was
				  declined or accepted and the name of the individual accepting or declining the
				  offer;
(D) Dates and substance of
				  subsequent follow-up contacts;
(E)
				  Date on which the displaced person was required to move from the property
				  acquired;
(F) Date on which actual
				  relocation occurred and whether relocation was accomplished with the assistance
				  of the authority, referrals to other agencies, or without assistance. If the
				  latter, an approximate date for actual relocation is acceptable; and
(G) Type of tenure before and after
				  relocation;
(4) For
				  displacements from dwellings:
(A) Number in
				  family;
(B) Type of property
				  (single detached, multi-family, etc.);
(C) Value, or monthly rent; and
(D) Number of rooms occupied; and
(5) For displaced businesses:
(A) Type of business;
(B) Whether continued or terminated;
				  and
(C) If relocated, distance
				  moved (estimate acceptable).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-15 - Relocation assistance programs

Current through June, 2024
(a) Any
				  governmental agency which displaces any person shall prepare a relocation
				  program. Planning for relocation programs shall be accomplished in stages:
(1) Until the time that the final project is
				  approved, the tenant shall not be disturbed in any way. Prior to the completion
				  of this stage, the displacing governmental agency shall make preliminary
				  investigations which will furnish the following information for the project
				  location given final consideration:
(A)
				  Approximate number of individuals, families, businesses, and nonprofit
				  organizations that would be displaced;
(B) The probable availability of comparable
				  replacement housing within the financial means of those displaced;
				  and
(C) The basis upon which the
				  above findings were made.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 2 - BUSINESS RELOCATION › Section 15-24-21 - Optional relocation payments for displaced persons - businesses

Current through June, 2024
(a) In the case of a self-move, the business
				  may be paid an amount to be negotiated between the displacing governmental
				  agency and the displaced business not to exceed the lower of two firm bids or
				  estimates obtained by the displacing governmental agency.
(b) In lieu of the payment authorized by
				  § 15-24-4, an owner of a displaced business who moves or discontinues his
				  business may elect to receive a fixed relocation payment in an amount equal to
				  the average annual net earnings of the business, or $5,000, whichever is less.
(1) For payments to be made under this
				  subsection, the displacing governmental agency shall determine that:
(A) The business cannot be relocated without
				  a substantial loss of its existing patronage; and
(B) The business is not part of a commercial
				  enterprise having at least one other establishment, not being acquired by the
				  displacing governmental agency, which is engaged in the same or similar
				  business.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 2 - BUSINESS RELOCATION › Section 15-24-22 - Reestablishment expenses

Current through June, 2024
(a) In addition to
				  other payments authorized herein, businesses displaced by governmental agencies
				  may be eligible to receive a payment, not to exceed $10,000, for expenses
				  actually incurred in reestablishment of their businesses.
(b) Reestablishment expenses must be
				  reasonable and necessary, as determined by the displacing agency. They may
				  include, but are not limited to, the following:
(1) Repairs or improvements to the
				  replacement real property as required by Federal, State or local law, code or
				  ordinance.
(2) Modifications to the
				  replacement property to accommodate the business operation or make replacement
				  structures suitable for conducting the business.
(3) Construction and installation costs, not
				  to exceed $1,500 for exterior signing to advertise the business.
(4) Provision of utilities from right-of-way
				  to improvements on the replacement site.
(5) Redecoration or replacement of soiled or
				  worn surfaces at the replacement site, such as paint, panelling, or
				  carpeting.
(6) Licenses, fees and
				  permits when not paid as part of moving expenses.
(7) Advertisement of replacement location,
				  not to exceed $1,500.
(8) Estimated
				  increased costs of operation during the first two years at the replacement site
				  for such items as:
(A) Lease or rental
				  charges,
(B) Real property
				  taxes,
(C) Insurance premiums,
				  and
(D) Utility charges, excluding
				  impact fees.
(9) Impact
				  fees or one-time assessments for anticipated heavy utility usage.
(10) Other items that the displacing agency
				  considers essential to the reestablishment of the business.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 2 - BUSINESS RELOCATION › Section 15-24-23 - Inspection of books

Current through June, 2024
All books and records kept by a business regarding actual
					 moving and reestablishment expenses incurred shall be subject to review and
					 audit by the authority during reasonable business hours.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 3 - RESIDENTIAL RELOCATION › Section 15-24-28 - Optional relocation payments for displaced persons - individuals and families

Current through June, 2024
(a) In the case of
				  a self-move, the displacee may be paid an amount negotiated between the
				  displacing governmental agency and the displacee not to exceed the lower of two
				  firm bids or estimates obtained by the displacing governmental
				  agency.
(b) In lieu of the payment
				  authorized by § 15-24-4, a displaced individual or family may elect to
				  receive a moving expense allowance, not to exceed $200, plus a dislocation
				  allowance of $100.
(1) The moving expense
				  allowance shall be determined according to the schedules shown in table 1,
				  fixed payment moving cost schedules. Subschedule A applies to any eligible
				  residential displacee who occupies and provides all or most of the furnishings
				  for the dwelling unit from which the displacee is being displaced. Subschedule
				  B applies to tenants who occupy furnished dwelling units (i.e., furnishings are
				  provided by the landlord). In either case, the total fixed schedule payment
				  including both rooms and dislocation allowance cannot exceed $300.
(2) Basements, enclosed porches, attics,
				  separate sheds, and other storage areas of this type can qualify as compensable
				  rooms provided that the areas contain furniture, appliances, or other personal
				  property reasonably equivalent to a routinely furnished room. Bathrooms,
				  hallways, and closets do not qualify and shall not be counted as separate
				  rooms.
(3) If the eligible
				  displacee is conducting a hobby-type or part-time business operation on the
				  residential property, the residential fixed schedule moving cost payment shall
				  include the cost of moving all personal property involved -both residential and
				  business - and no other moving cost payment will be authorized. A displacee
				  involved in a "full-time" business is entitled to a separate business moving
				  cost payment.
TABLE 1
FIXED PAYMENT MOVING COST SCHEDULES
SUBSCHEDULE A: Furnishings Owned by Displacee - Including
					 Partly Furnished Units
1 Room
2 Rooms
3 Rooms
4
								Rooms
5 Rooms
6 Rooms
7 Rooms
8 or More
								Rooms
$50
$65
$80
$105
$135
$160
$185
$200
Plus $100 Dislocation Allowance
Maximum payment authorized $300 ($200 moving costs plus
					 $100 dislocation allowance)
SUBSCHEDULE B: Furnishings Owned by Landlord - Fully
					 Furnished Units and Sleeping Rooms
1
Room Each additional room
$25 $10; but not to exceed $200
Plus $100 Dislocation Allowance
Maximum payment authorized $300