Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 5 - PROCEDURES › Section 15-217-84 - Floor area ratio transfer

Current through June, 2024
(a) Purpose. The
				  purpose of this section is to offer a discretionary review process for the
				  transfer of floor area within the mauka area from a sending site to a receiving
				  site. More specifically, the purposes are to encourage the transfer of floor
				  area to properties with lot dimensions that allow for additional floor while
				  complying with the building envelope requirements set forth in Figures BT.1 to
				  BT.10, dated September 2011, made a part of this chapter, and attached at the
				  end of this chapter, and building height requirements set forth in Figures NZ.1
				  to NZ.7, dated September 2011, made a part of this chapter, and attached at the
				  end of this chapter.
(b) Generally.
				  The proposed creation and redemption of floor area ratio transfers will take
				  place 'solely on a voluntary basis between consenting parties. Landowners are
				  not required to create or convey floor area ratio transfers. However, floor
				  area ratio transfers must be created, conveyed, or redeemed in accordance with
				  this section to be recognized by the authority.
(c) Land not eligible. Floor area ratio
				  transfers shall not involve an existing public park or open space.
(d) Mandatory conjoined application. All
				  requests to create, convey and redeem floor area ratio transfer credits shall
				  be accompanied by and occur in conjunction with the following:
(1) A project agreement including any
				  accompanying permit approval request including, but not limited to, an
				  improvement permit, a development permit, conditional use permit, variance, and
				  master plan permit; and
(2) A
				  proposal to create, convey and redeem floor area ratio transfer credits shall
				  be accompanied on forms promulgated by the executive director, and which
				  contains the following information:
(A)
				  Particular to sending site(s):
(i) A cover
				  letter identifying the landowner's name, mailing address, and contact
				  information and briefly explaining what the landowner seeks to
				  accomplish;
(ii) A certificate of
				  title demonstrating ownership of the proposed sending site (s) and receiving
				  site;
(iii) A draft covenant that
				  provides the protections and restrictions on the proposed property consistent
				  with section 15-217-84(h);
(iv) A
				  baseline documentation report that establishes the current condition of the
				  proposed sending site(s) and which contains, at a minimum:
(1) general location map;
(2) a legal description and sketch of parcel
				  boundaries; and
(3) documentation
				  (such as maps, written summaries, and photographs) of existing conditions that
				  relate to the proposed easement restrictions as well as the proposed rights to
				  be retained by the landowner; and
(v) An affidavit, signed by the landowner and
				  preparer of the submittal, attesting to the accuracy of the information
				  contained in the baseline documentation report; and
(B) Particular to a receiving site. Plans,
				  diagrams and supporting text which clearly identifies and illustrates the
				  location and extent of proposed floor area transfer credit.