Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 8 - MASTER PLAN RULES › Section 15-22-203 - Applicability

Current through June, 2024
(a) Except as specifically provided in this
				  section, all rules of this chapter applicable to development within the area
				  encompassed by the master plan shall be those rules in effect at the time of
				  master plan approval, notwithstanding any subsequent amendment of said rules.
				  Such subsequent amendment shall be void as applied to development of property
				  within the master planned area to the extent that it changes any rule which the
				  authority has agreed at the time of master plan approval to maintain in force
				  for a specified period of time. A master plan approval, however, shall not
				  absolve the landowner or developer from complying with rules of general
				  applicability enacted subsequent to the date of the master plan approval if
				  said rules clarify or provide specificity to the rules which the authority has
				  agreed to maintain in force at the time of master plan approval, or relate to
				  aspects of development not previously dealt with, and could have been lawfully
				  applied to development within the master planned area at the time of master
				  plan approval.
(b) As part of a
				  master plan approval, the authority may grant exceptions to the applicable
				  rules set forth in subsection (a) above. Said exceptions shall be applicable to
				  any development permit processed within the effective date of the master plan
				  approval, and shall be limited to the following:
(1) The floor area of land uses, including
				  reserved housing units, required by the base zone or planned development
				  provisions of this chapter may be transferred from one development lot to one
				  or more development lots within the master planned area, provided that:
(A) The development lots are under the same
				  ownership;
(B) The maximum floor
				  area ratio (FAR) for any lot to which floor area has been transferred shall not
				  be increased by more than twenty-five per cent of the FAR otherwise allowed for
				  the size of the development lot;
(C) Development on any lot involved in the
				  transfer shall not exceed its maximum allowable tower footprint and
				  height;
(D) The FAR remaining on a
				  development lot from which floor area has been transferred shall not be less
				  than 1.5, unless the development lot is developed in conjunction with
				  development on the lot to which the floor area has been transferred;
(E) Development on the development lot to
				  which reserved housing units are transferred shall commence within two years
				  after the development is completed on the development lot from which the
				  reserved housing units were transferred, unless the first development project
				  on any of the development lots involved in the transfer contains fifty per cent
				  of the reserved housing units required for development of all lots involved in
				  the transfer, provided the allocation of unit types for the reserved housing
				  units shall constitute a proportionate representation of all the nonreserved
				  unit types to be provided with regard to factors of square footage and number
				  of bedrooms;
(F) The authority
				  shall obtain written assurance from the landowner that the requirements of this
				  section will be satisfied and such assurance shall be binding upon the
				  landowner and the landowner's heirs or successors in interest and shall be
				  filed as a covenant running with the land in the bureau of conveyances or in
				  the office of the assistant registrar of the land court; and
(G) Failure to satisfy the requirements of
				  this subsection shall be cause for denial of any development permit for the
				  lots involved in the transfer.