reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-77 - Rules clearance

Current through June, 2024
(a) Applicability.
				  Any uses, structures, and activities identified by section 15-215-77(b) below
				  on a lot 40,000 square feet or less shall be issued a rules clearance approval
				  when they are in compliance with the setback requirements, height limits, and
				  all other applicable standards of the Kalaeloa CDD rules.
(b) Qualifying land uses, structures and
				  activities. The following are eligible for issuance of a rules clearance:
(1) Decks, paths and driveways. Decks,
				  platforms, on-site paths, and driveways that are not required to have a
				  building permit or grading permit;
(2) Fences and walls in compliance with
				  height and location requirements in section 15-215-43 (architectural
				  standards);
(3) Interior
				  alterations. Interior alterations that do not increase the gross floor area of
				  the structure, or change the permitted use of the structure;
(4) Repairs and maintenance:
(A) Single-family dwellings. Ordinary
				  nonstructural repairs to, and maintenance of, single-family-dwellings;
				  or
(B) Multi-family residential and
				  nonresidential structures. Ordinary nonstructural repairs to, and maintenance
				  of multi-family residential and nonresidential structures, if:
(i) The work does not change the approved
				  land use of the site or structure, or add to, enlarge or expand the land use
				  and/or structure; and
(ii) Any
				  exterior repairs employing the same materials and design as the original
				  construction;
(5) Small, portable residential accessory
				  structures. A single portable structure of one hundred twenty square feet or
				  less per lot or unit, including pre-manufactured storage sheds and other small
				  structures that are exempt from having to obtain a building permit from the
				  city and county of Honolulu and in compliance with the applicable building
				  code. Additional structures may be approved in compliance with section
				  15-215-43 (architectural standards), where allowed by the applicable
				  zone;
(6) Spas, hot tubs, and fish
				  ponds. Portable spas, hot tubs, and constructed fish ponds, and similar
				  equipment and structures that do not exceed one hundred twenty square feet in
				  total area including related equipment; contain more than 2,000 gallons of
				  water; or exceed two feet in depth;
(7) Open space and parks. Any improvement
				  project over, upon, under or across any open space or park; and
(8) Any public project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-78 - Improvement and development permits

Current through June, 2024
(a) Applicability.
				  All new improvement projects and developments shall require a permit.
(b) Initiation. A developer may apply for an
				  improvement permit or development permit by filing an application with the
				  executive director.
(c) Types.
				  There shall be two types of permits: improvement and development. Each type
				  shall be subject to the decision-maker review and action pursuant to Figure 1.1
				  (approval requirements matrix), dated September 2012, made a part of this
				  chapter, and attached at the end of this chapter:
(1) Improvement permits shall apply to
				  improvement projects and are subject to executive director review and action;
				  and
(2) Development permits shall
				  apply to developments and are subject to authority review and action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-79 - Conditional use permit

Current through June, 2024
(a) No inherent
				  right exists to receive a conditional use permit. Every conditional use permit
				  application or amendment shall, at a minimum, comply with every requirement
				  contained in these rules. Mere compliance with the generally applicable
				  requirements however may not be sufficient, and additional measures and
				  conditions may be necessary to mitigate the impact of the proposed
				  development.
(b) Applicability.
				  Uses are as designated in Figure 1.7 (land use summary), dated September 2012,
				  made a part of this chapter, and attached at the end of this chapter.
(c) Decision-maker. Conditional use permits
				  are subject to authority review and action pursuant to Figure 1.1 (approval
				  requirements matrix), dated September 2012, made a part of this chapter, and
				  attached at the end of this chapter.
(d) Findings. Approval of a conditional use
				  permit shall require all the following findings of fact:
(1) The use is allowed within the applicable
				  zone and complies with all other applicable provisions of the rules;
(2) The use will conform to the
				  KMP;
(3) The design, location, size
				  and operating characteristics of the proposed use are compatible with the
				  existing and future uses in the vicinity;
(4) The site is physically suitable for the
				  type, density and intensity of use being proposed, including access, utilities,
				  and the absence of physical constraints; and
(5) Granting the permit would not be
				  detrimental to the public health, safety, or welfare, or be materially
				  injurious to persons, lots, or improvements in the vicinity and zone in which
				  the lot is located.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-80 - Conditional use of vacant land

Current through June, 2024
(a) The executive
				  director may issue a conditional use of vacant land permit, provided that the
				  following requirements are met:
(1) The
				  proposed use is a permitted within the applicable transect zone except:
(A) Open or uncovered temporary parking at
				  grade may be permitted in all transect zones; whether paved or unpaved;
				  and
(B) Construction sites, special
				  trade construction and storage yards may be permitted in all transect zones
				  where a six-foot screening wall or fence is erected along all public
				  rights-of-way;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-81 - Variances

Current through June, 2024
(a) Purpose. This section is intended to
				  provide a mechanism for relief from the strict application of the rules where
				  the strict application will deprive the property owner of privileges enjoyed by
				  similar properties because of the subject property's unique and special
				  conditions. Economic or financial hardship alone is not sufficient
				  justification for granting a variance.
(b) Applicability. All requirements of the
				  rules are mandatory unless approval of variance is obtained, except as limited
				  by this section.
(c) Types. There
				  shall be two types of variances - minor and major. Each type shall be subject
				  to the decision-maker review and action pursuant to Figure 1.1 (approval
				  requirements matrix), dated September 2 012, made a part of this chapter, and
				  attached at the end of this chapter:
(1)
				  Minor variances shall apply to projects on lots 40,000 square feet or less and
				  are subject to executive director review and action; and
(2) Major variances shall apply to projects
				  on lots over 40,000 square feet and are subject to authority review and
				  action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-82 - Master plan

Current through June, 2024
(a) Purpose. The provisions of this section
				  are intended to encourage investment in new development and commitment to the
				  comprehensive planning of large land holdings. A further purpose of this
				  section is to derive public benefits, such as reserved housing, public parking,
				  off-site infrastructure and other public facilities from master plan
				  developers, in exchange for greater development flexibility for a specified
				  period.
(b) Applicability.
				  Developers of project sites over twenty acres in T3 general urban, T4 urban
				  center and T5 urban center high intensity are eligible to apply for a master
				  plan permit.
(c) Submittal
				  requirements. Each master plan permit application shall include, at a minimum,
				  the following:
(1) Plans and supporting
				  information sufficient to clearly indicate the pattern and implications of
				  development within the master plan area;
(2) Proposed development phasing and
				  timeframe;
(3) Proposed number,
				  location, type and size of reserved housing;
(4) Proposed public facility
				  improvements;
(5) A thoroughfare
				  plan that ensures adequate connectivity within the master plan area. The
				  thoroughfare plan shall provide information on appropriate street types within
				  the master plan area. Continuous street connections within the master plan area
				  shall be provided at least every 1,200 feet; and
(6) Such other information as may be required
				  by the executive director or authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-84 - Automatic approvals

Current through June, 2024
The following permits shall be deemed approved if a
					 certificate of completeness has been issued and no decision is rendered within
					 the following review periods:
(1)
				  Rules clearance and conditional use of vacant land (sixty calendar
				  days);
(2) Improvement Permit
				  (ninety calendar days);
(3)
				  Development permit (one hundred twenty calendar days);
(4) Conditional use permit (one hundred
				  twenty calendar days);
(5) Variance
				  (one hundred sixty calendar days); and
(6) Master plan (two hundred calendar days).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-85 - Effective period

Current through June, 2024
(a) Rules clearance
				  approvals shall have an effective period of one year.
(b) Improvement permits, development permits,
				  conditional use of vacant land, conditional use permits and variance approvals
				  shall have an effective period of two years, unless extended under these
				  rules.
(c) Master plan permits
				  shall have an effective period of ten years, unless extended pursuant to
				  section 15-215-82 (master plan).
(d) Prior to expiration and upon submittal of
				  a written request and payment of the applicable filing fee, the executive
				  director may authorize two time extensions of one year each for improvement
				  permits. The authority may authorize two time extensions of one year each for
				  development permits.
(e) In
				  computing the effective period, the day upon which the approval was granted is
				  not to be included.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-86 - Appeals

Current through June, 2024
(a) Decisions of the executive director
				  rendered in the administration of the rules are appealable within thirty
				  calendar days of the executive director's decision, as provided herein, to the
				  authority.
(b) An appeal of an
				  executive director decision shall be sustained by the authority only if it
				  finds:
(1) The executive director's decision
				  was based on an erroneous finding of material fact; or
(2) The executive director acted in an
				  arbitrary or capricious manner or had manifestly abused his or her
				  discretion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-87 - Subsequent applications

Current through June, 2024
If an improvement permit, development permit, conditional
					 use of vacant land permit, conditional use permit, variance, or master plan
					 permit is denied, a new application proposing substantially the same
					 development for the same property shall not be filed within six months after
					 the final decision.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-88 - Minor changes

Current through June, 2024
(a) After final
				  approval of a rules clearance, improvement permit, development permit,
				  conditional use of vacant land permit, conditional use permit, master plan
				  permit or variance, the executive director may allow minor amendments to the
				  application without submittal of a new or amended application when the
				  requested amendment(s) does not:
(1) Increase
				  the number of allowable dwelling units, allowable floor area, height, or any
				  additional land-use disturbance;
(2) Introduce different land uses;
(3) Request larger land area;
(4) Request any variance;
(5) Allow any diminution in buffer or
				  transition areas, reduction in landscaping, reduction of required yards, or any
				  change in the design characteristics or materials used in construction of the
				  structures; or
(6) Reduce or
				  eliminate conditions attached to the subject development approval.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-89 - Nonconformities

Current through June, 2024
(a) Applicability. This section applies to
				  nonconformities, including their continuation, enlargement, or expansion. There
				  are two categories of nonconformities: uses and structures.
(b) Continuation. A nonconformity that was
				  lawfully operated, established, or commenced in accordance with the provisions
				  of the applicable statutes or regulations in effect at the time that it was
				  established, but which is no longer permitted or authorized under these rules,
				  may continue subject to the provisions of this section.
(c) Violation of rules. The failure to comply
				  with the requirements of this section shall immediately disallow a
				  nonconformity.
(d) Nonconforming
				  uses:
(1) Continuance of nonconforming uses.
				  The lawful use of any structure existing as of the effective date of the rules
				  may be continued, although such use does not conform to the provisions of the
				  rules. Such use may be extended throughout the structure, provided that no
				  structural alterations or additions to the structure occur, except those made
				  in conformance with the rules. A conforming structure in which a nonconforming
				  use is operated shall not be enlarged or extended except as may be required by
				  the rules; and
(2) Changes of
				  nonconforming use:
(A) Any nonconforming use
				  may be changed to a use conforming with the rules established for the transect
				  zone in which the nonconforming use is located; provided, however, that a
				  nonconforming use so changed shall not in the future be changed back to a
				  nonconforming use;
(B) A
				  nonconforming use may only be expanded under the provisions of section
				  15-215-89(f) (nonconformities); and
(C) If a nonconforming use is abandoned for
				  twelve consecutive months, any future use of such premises shall be in
				  conformity with the provisions of the rules. Abandonment of a nonconforming use
				  shall terminate the right to continue the nonconformity.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-90 - Violations and enforcement

Current through June, 2024
All provisions relating to violations of these rules and
					 enforcement of said violations are provided in the Hawaii community development
					 authority's rules of practice and procedures.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 215 - KALAELOA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 5 - PROCEDURES › Section 15-215-91 - Fee schedule

Current through June, 2024
The following fee schedule shall be applicable to all
					 permits, rule clearance, and public hearings.
Rule Clearance
$20.00
Improvement Permit
Cost
:
Project
							 Size
: $20 up to 1,000 s.f. $100 1,001-10,000 s.f. $500
							 10,001-30,000 s.f. $1,000 > 30,000 s.f.
Development Permit
$6,400 plus the cost of public hearing
Master Plan Permit
$10,000 plus the cost of public hearing
Variance
$500 plus the cost of public hearing
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-216-1 - Purpose and intent

Current through June, 2024
The purpose of these rules is to establish an increased
					 supply of housing for residents of low- or moderate-income within the Kalaeloa
					 community development district. Such reserved housing shall be required as a
					 condition of new residential development or redevelopment within the Kalaeloa
					 community development district.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-216-3 - Severability

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-216-4 - Interpretation by the executive director

Current through June, 2024
(a) In
				  administering this chapter, the executive director may, when deemed necessary,
				  render written interpretations to clarify or elaborate upon the meaning of
				  specific provisions of this chapter for intent, clarity and applicability to a
				  particular situation.
(b) A written
				  interpretation shall be signed by the executive director and include the
				  following:
(1) Identification of the section
				  of this chapter in question;
(2) A
				  statement of the problem;
(3) A
				  statement of interpretation; and
(4) A justification statement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-216-5 - Definition of terms

Current through June, 2024
As used in this chapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Area median income" or "AMI" means area median income for
					 Honolulu that is provided to Fannie Mae by the Federal Housing Finance
					 Agency;
"Authority" or "HCDA" means the Hawaii community
					 development authority established by section
					 206E-3,
					 HRS;
"Developer" means a private person or an entity who has
					 legal rights to perform or cause to be performed any man-made change over,
					 upon, under, or across improved or unimproved real property within the Kalaeloa
					 CDD;
"Eligible borrower" means any person or family,
					 irrespective of race, creed, national origin, or sex, who:
(1) Has never before obtained a loan under
				  this part; and
(2) Meets other
				  qualifications as established by rules adopted by the authority;
"Executive director" means the executive director of the
					 authority;
"Gross household income" means the total income, before
					 taxes and personal deductions, received by all members of the applicant's
					 household, including, but not limited to, wages, social security payments,
					 retirement benefits, unemployment benefits, welfare benefits, interest and
					 dividend payments;
"HRS" means the Hawaii Revised Statutes;
"Land trust" means a recorded instrument as defined in
					 chapter
					 558, HRS;
"Licensed life care facilities" means licensed assisted
					 living facilities as defined in section
					 321-15.1, HRS;
"Multi-family dwelling" means a residential building
					 consisting of more than one residential unit;
"Net appreciation" means the resale fair market value of a
					 reserved housing unit less the original contract price of the same and actual
					 sales costs incurred, if any;
"Reserved housing" means housing designated for residents
					 in the low-income or moderate-income ranges who meet such eligibility
					 requirements as the authority may adopt by rule;
"Reserved housing unit" means a room or rooms connected
					 together, constituting an independent dwelling that is designated for reserved
					 housing; and
"Residential floor area" means the gross total residential
					 floor area including the dwelling unit(s) and limited common areas such as
					 lobby, hallways, storage, covered recreation area, and similar areas set aside
					 for the residents.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 2 - RESERVED HOUSING REQUIREMENTS › Section 15-216-17 - Requirement for reserved housing units

Current through June, 2024
(a) Every developer
				  applying for a development permit for approval to construct multi-family
				  dwelling units on a lot greater than 40,000 gross square feet shall construct
				  and reserve at least twenty per cent of the total residential floor area as
				  reserved housing units. The percentage of residential floor area developed as
				  reserved housing shall be fifteen per cent if the units are developed as rental
				  units.
(b) Such reserved housing
				  units shall be sold or rented to persons qualifying under the terms and
				  conditions set forth under subchapter 3. The developer shall execute agreements
				  with the authority as are appropriate to conform to this requirement and
				  subject to the authority's approval, and such agreements shall be binding upon
				  the developer and any successors in interest, and shall run with the land. The
				  agreement shall provide that the developer must provide certification to the
				  authority as to the compliance of the requirements herein to qualify for a
				  certificate of occupancy for the project for which provisions of this chapter
				  are applicable.
(c) Occupants of
				  reserved housing units shall have access to and use privileges for the same
				  amenities as all other occupants of the development. Reserved housing units
				  shall be distributed in the building in such a manner that they do not form an
				  isolated section of the project.
(d) If the authority so determines, it may
				  allow the developer to meet the requirement of subsection (a) above through the
				  following alternatives instead of providing reserved housing units within the
				  development:
(1) By providing such reserved
				  housing units elsewhere within the Kalaeloa CDD; or
(2) By providing such reserved housing units
				  elsewhere on the island of Oahu. The authority may impose additional reserved
				  housing requirements in approving transfer of reserved housing from the
				  Kalaeloa CDD to other locations within the island of Oahu. Such additional
				  reserved housing requirements shall be determined on a case-by-case basis by
				  the authority at the time of approval of the development permit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 2 - RESERVED HOUSING REQUIREMENTS › Section 15-216-18 - Adjustments to height, density, and general development requirements for reserved housing units

Current through June, 2024
(a) Except as
				  otherwise provided, any developer who applies for a permit proposing a
				  multi-family residential project on a lot greater than 40,000 square feet who
				  meets applicable provisions of this chapter shall be entitled to adjustments in
				  allowable floor area and general development requirements as follows:
(1) Residential floor area for reserved
				  housing shall be excluded from calculations of allowable floor area;
(2) Residential floor area for reserved
				  housing shall be exempt from the provisions of Hawaii administrative rules,
				  section 15-215-64 (dedication of public facilities); and
(3) For reserved housing units, the
				  off-street parking space requirement shall be one stall per unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-29 - Purpose

Current through June, 2024
The rules set forth in this subchapter shall govern the
					 sale, rental or transfer of reserved housing provisions of subchapter
					 2.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-30 - Qualifications for reserved housing

Current through June, 2024
The following shall be qualifications for purchasing or
					 leasing of reserved housing units by a buyer or a tenant. The buyer or the
					 tenant:
(1) Shall be at least the age
				  of majority;
(2) Shall not have a
				  majority interest in a principal residence or a beneficial interest in a land
				  trust on a principal residence within or without the State for a period of
				  three years immediately prior to the date of application for a reserved housing
				  unit under this section;
(3) Shall
				  not have a spouse or dependent child who has a majority interest, in a
				  principal residence or a beneficial interest in a land trust on a principal
				  residence for a period of three years immediately prior to the date of
				  application for a reserved housing unit under this section;
(4) Shall be the owner or lessee and occupant
				  of the reserved housing unit; and
(5) Shall not have a record or history of
				  conduct or behavior, including past rent payments, which may prove detrimental
				  to other tenants or the authority. This criterion shall be applied within
				  parameters set by federal laws on discrimination, including the Americans with
				  Disabilities Act.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-31 - Sale and rental of reserved housing units

Current through June, 2024
(a) The
				  authority may advertise the sale or rental of reserved housing units and
				  qualify and select persons for reserved housing units. It may also permit the
				  developer of such units, or the developer's designated representative, to be
				  responsible for advertising, qualifying, and selecting persons subject to the
				  provisions of this chapter.
(b)
				  Applications for the purchase or rental of reserved housing units shall be
				  accepted on a first-come, first-served or on a lottery basis. The applications
				  shall be submitted in person by the applicant. Only completed applications
				  shall be acceptable. Applicants shall not be required to submit a deposit
				  amount exceeding $500.
(c) Notice
				  of the proposed sale or rental of reserved housing units shall be published in
				  a newspaper of general circulation on two separate days. The notice shall
				  include, but not be limited to, the following:
(1) General description of the project in
				  which the reserved housing units are located including its location, number of
				  reserved housing units, size of the reserved housing units by number of
				  bedrooms, and sales prices or rental rates;
(2) Qualification requirements for purchase
				  of reserved housing units including maximum income limits, restrictions on
				  ownership of property, the authority's first option to purchase and shared
				  equity requirements for reserved housing units for sale, and permissible
				  household sizes;
(3) A statement
				  that buyers or renters shall be selected on a first-come, first-served or on a
				  lottery basis, whichever is applicable;
(4) Where and when applications may be
				  obtained and the first date, including time and place, when applications will
				  be accepted, and subsequent dates, times, and places for submission of
				  applications;
(5) Deadline for
				  submission of applications; and
(6)
				  In the case of a reserved housing unit for sale, the deposit amount and mode of
				  acceptable payment.
The time period between publication of the notice and the
					 first acceptance of applications shall not be less than fourteen business days.
					 The period shall be computed from the first day of publication of the
					 notice.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-32 - Income

Current through June, 2024
(a) The gross household income of the
				  applicant shall not exceed one hundred forty per cent of the AMI as determined
				  by the United States Department of Housing and Urban Development.
(b) The gross household income shall be the
				  income earned during the most current calendar year preceding the date of
				  application to purchase or rent a reserved housing unit and shall be verified
				  by submittal of most current State or Federal tax returns.
(c) The assets of the applicant shall not
				  exceed one hundred thirty-five per cent of the applicable income limit set
				  forth in subsection (a) above. As used herein, assets include, all cash,
				  securities and real and personal property at current fair market value, less
				  any outstanding liabilities secured by such assets.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-33 - Occupancy requirements

Current through June, 2024
(a) The following
				  are occupancy requirements for reserved housing units:
(1) Applicants for reserved housing shall
				  certify that, if selected, all applicants will be occupants of the reserved
				  unit;
(2) The purchaser or lessee
				  shall physically occupy the reserved unit; and
(3) The city and county of Honolulu maximum
				  occupancy limits for a residential dwelling unit shall apply.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-34 - Affordability criteria

Current through June, 2024
(a) The following
				  criteria shall be used in determining price and income equivalencies of units
				  for sale:
(1) Down payment amount shall not
				  exceed ten per cent of the purchase price;
(2) Monthly payments, which consist of
				  principal and interest, real property taxes, insurance, and fees and costs
				  required by the bylaws of a condominium property regime, shall not exceed
				  thirty-three per cent of gross monthly income or some other percentage approved
				  by the United States Department of Housing and Urban Development; and
(3) Interest rate shall be derived by taking
				  the average of the interest rate on thirty year fixed rate mortgages posted for
				  major Honolulu banks in the first week of each of the preceding six
				  months.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-35 - Term of reserved housing requirements

Current through June, 2024
(a) The regulated
				  term for reserved housing units that are for sale shall be five years from the
				  date of issuance of certificate of occupancy. Reserved housing rental units
				  shall be regulated for fifteen years. The authority may suspend or modify
				  regulated term and qualifying income requirements on a project by project
				  basis, if, in its sole judgment, it determines that these requirements are
				  negatively impacting the sale or rental of reserved housing units as the
				  primary objective of the authority to promote redevelopment within the Kalaeloa
				  CDD.
(b) During the regulated term,
				  a reserved unit owner shall not purchase additional limited common elements or
				  personal property.
(c) During the
				  regulated term, the executive director shall approve any initial or subsequent
				  mortgage placed on a reserved unit which does not exceed eighty per cent of the
				  original purchase price of the unit.
(d) After the end of the regulated term, the
				  owner may sell the unit or assign the property free from any transfer or price
				  restrictions except for applicable equity sharing requirements set forth in
				  section 15-216-41 (equity sharing requirements).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-36 - First option to purchase

Current through June, 2024
If the owner of a reserved housing unit wishes to sell the
					 unit during the regulated term, the authority or an entity approved by the
					 authority shall have the first option to purchase the unit. The purchase price
					 shall be based on the lower of:
(1)
				  The current fair market price of the reserved housing unit as determined by the
				  authority less the authority's share of equity in the unit as determined by
				  section 15-216-41 (equity sharing requirements); or
(2) The reserved housing unit price
				  calculated based on the AMI at the time of sale of the unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-37 - Sale or transfer of reserved housing units

Current through June, 2024
Sale or transfer of reserved housing units during the
					 regulated term shall be as follows:
(1) The authority or an entity approved by
				  the authority shall have the first option to purchase the unit in the manner
				  indicated in section 15-216-36 (first option to purchase);
(2) The owner shall notify the authority in
				  writing of the intent to sell the reserved housing unit;
(3) The authority shall notify the owner of
				  its decision within sixty days of receipt of the owner's notification required
				  in subsection(2) above. The authority may:
(A) Wave its option to purchase the
				  unit,
(B) Agree to purchase the
				  unit, or
(C) Designate another
				  buyer for the unit;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-38 - Foreclosure

Current through June, 2024
In the event of a foreclosure, any law to the contrary
					 notwithstanding, a mortgagee under a mortgage covering a reserved housing unit
					 and land or leasehold interest subject to the restrictions of sections
					 15-216-35 (term of reserved
					 housing requirements),
					 15-216-36 (first option to
					 purchase), and
					 15-216-37 (sale of transfer of
					 reserved housing units), shall, prior to commencing mortgage foreclosure
					 proceedings, notify the authority of:
(1) Any default of the mortgagor under the
				  mortgage within ninety days after the occurrence of the default; and
(2) Any intention of the mortgagee to
				  foreclose the mortgage under chapter
				  667, HRS.
The authority shall be a party to any foreclosure action,
					 and shall be entitled to all proceeds remaining in excess of all customary and
					 actual costs and expenses of transfer pursuant to default, including liens and
					 encumbrances of record. The person in default shall be entitled to any amount
					 remaining provided the amount shall not exceed the lower of the amounts
					 computed in section 15-216-35 (term of reserved housing requirements).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-39 - Transfers of title pursuant to a mortgage foreclosure

Current through June, 2024
The conditions prescribed in sections
					 15-216-35 (term of reserved
					 housing requirements),
					 15-216-36 (first option to
					 purchase), and
					 15-216-37 (sale of transfer of
					 reserved housing units) shall be automatically extinguished and shall not
					 attach to subsequent transfers of title pursuant to a mortgage foreclosure,
					 foreclosure under power of sale, or a conveyance in lieu of foreclosure after a
					 foreclosure action is commenced.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-40 - Incorporation in deed

Current through June, 2024
The provisions of sections
					 15-216-33 (occupancy
					 requirements),
					 15-216-35 through
					 15-216-37, 15-216-40
					 (incorporation in deed) and section
					 15-216-41 (equity sharing
					 requirements) shall be incorporated in any deed, lease, mortgage, agreement of
					 sale, or other instrument of conveyance for reserved housing units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-41 - Equity sharing requirements

Current through June, 2024
(a) The authority's
				  share of the equity in the reserved housing unit shall become due upon resale
				  of the reserved housing unit.
(b)
				  The authority's share of the equity in the reserved housing unit shall be the
				  higher of:
(1) An amount equal to the
				  difference between the original fair market price of the unit as determined by
				  the authority and its original sales contract price; or
(2) An amount equivalent to the percentage of
				  net appreciation calculated as the difference between the original fair market
				  price of the unit as determined by the authority and its original contract
				  price divided by the original fair market price of the unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-42 - Deferral of equity sharing

Current through June, 2024
The authority may consider deferring the equity sharing in
					 case an owner of a reserved housing unit wishes to transfer title to the unit
					 by devise or through the laws of descent to a family member who would otherwise
					 qualify for purchase of a reserved housing unit under this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 216 - KALAELOA RESERVED HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-216-43 - Effects of subsequent rule amendments

Current through June, 2024
(a) In the case of
				  subsequent rule amendments, reserved housing owners shall be permitted at their
				  election to:
(1) Remain subject to the rules
				  in effect at the time of the purchase of the unit, or
(2) Be governed by the amended
				  rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-217-1 - Title

Current through June, 2024
(a) This chapter 217 of the Hawaii
				  administrative rules shall be known, and may be cited, as the "Mauka Area
				  Rules."
(b) References to "Rules"
				  within this chapter are references to the Mauka Area Rules unless indicated
				  otherwise. References to other regulations or provisions relevant to the Hawaii
				  community-development authority, where provided, are for the convenience of the
				  reader. The lack of a cross-reference does not exempt a land, building,
				  structure, or use from other regulations.
(c) The figures, dated September 2011,
				  attached at the end of this chapter and the mauka area plan, dated
NOV 11 2011
, are hereby incorporated by reference and
				  made a part of this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-217-2 - Purpose

Current through June, 2024
(a) The mauka area plan establishes long-term
				  land use policy, consistent with chapter 206E, HRS, that directs the
				  implementation of smart growth principles within a portion of the Kakaako
				  community development district. The mauka area plan also directs that
				  implementation measures shall be calibrated according to the distinct
				  characteristics of seven neighborhoods.
(b) The rules carry out, through complete,
				  integrated, effective and concise land development regulations, the
				  aforementioned mauka area plan directives by classifying and regulating the
				  types and intensities of development and land uses within the mauka area
				  consistent with, and in furtherance of, the policies and objectives of the
				  mauka area plan and chapter 206E, HRS.
(c) The rules are adopted to protect and
				  promote the public health, safety, and general welfare of the community and to
				  protect and preserve places and areas of historical, cultural, architectural,
				  or environmental importance and significance, as set forth in the mauka area
				  plan and chapter 206E, HRS. More specifically, the purposes of the rules are to
				  ensure:
(1) For the community:
(A) That neighborhoods and transit-oriented
				  development is compact, pedestrian-oriented and mixed-use;
(B) That neighborhoods should be the
				  preferred pattern of development;
(C) That ordinary activities of daily living
				  occur within walking distance of most dwellings, allowing independence to those
				  who do not drive;
(D) That
				  interconnected networks of thoroughfares be designed to disperse traffic and
				  reduce the length of automobile trips;
(E) That within neighborhoods, a range of
				  housing types and price levels be provided to accommodate diverse ages and
				  incomes;
(F) That reserved housing
				  should be distributed throughout the district to match job
				  opportunities;
(G) That appropriate
				  building densities and land uses be provided within walking distance of transit
				  stops;
(H) That civic,
				  institutional, and commercial activity should be embedded in neighborhoods, not
				  isolated in remote single-use complexes;
(I) That schools be sized and located to
				  enable children to safely walk or bicycle to them;
(J) That existing and future industrial uses
				  shall be permitted and encouraged in appropriate locations within the
				  district;
(K) That a range of open
				  space including parks, squares, plazas and playgrounds be distributed within
				  neighborhoods; and
(L) That the
				  region should include a framework of transit, pedestrian, and bicycle systems
				  that provide alternatives to the use of automobiles;