reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-119 - Conditions

Current through June, 2024
The authority may attach to a planned 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, and whether some or all
				  nonresidential uses are to be built before, after, or the same time as
				  residential uses;
(3) Controlling
				  the duration of use of development and the time within which any structures
				  must be removed;
(4) Assuring that
				  development 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, on-site recreation areas for
				  residents and workers, all of a quality and quantity reasonably necessary for
				  the proposed development;
(8)
				  Requiring the dedication of land or facilities or cash in lieu thereof for
				  public facilities as set forth in this chapter;
(9) Requiring creation or conveyance of
				  interests in lands reasonably necessary to effectuate the conditions required
				  herein;
(10) Requiring the
				  connection of such planned development to existing public service
				  systems;
(11) 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 planned development permit and any conditions attached to the
				  permit;
(12) Requiring the
				  applicant to submit periodic reports showing what progress has been made in
				  complying with any of the conditions imposed;
(13) Requiring the applicant to indicate the
				  location of housing support facilities, including but not limited to, child
				  care centers, elderly care centers, health care centers, community service
				  centers, and other similar activities;
(14) Requiring the applicant to indicate the
				  method of relocation of tenants and businesses; and
(15) 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 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-120 - Modification of specific provisions

Current through June, 2024
As a part of the planned development permit review
					 process, the authority may modify plan and rule requirements provided a public
					 hearing is held. Pursuant to §
										15-22-22, modifications may be
					 granted only to the following:
(1)
				  View corridor setbacks;
(2)
				  Yards;
(3) Loading space;
(4) Parking;
(5) Minimum and maximum ratio of residential
				  and commercial space;
(6) Towers,
				  as follows:
(A) Tower footprint area:
(i) For buildings within the district
				  utilized by the general public but limited to: auditoriums, community centers,
				  and churches; or
(ii) For those
				  portions of towers below sixty-five feet in height.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 5 - SPECIAL URBAN DESIGN RULES › Section 15-22-140 - Statement of purposes

Current through June, 2024
The purpose of this subchapter is to strengthen the
					 relationship of developments within the district and to improve the quality of
					 the streetscape by maintaining the visual quality of the street, by providing
					 for street tree planting and general landscaping, by requiring certain
					 pedestrian amenities to improve the quality of the street environment, by
					 providing building orientation guidelines to take into account natural
					 ventilation and sun exposure, and by reducing conflict between pedestrian and
					 vehicular circulation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 5 - SPECIAL URBAN DESIGN RULES › Section 15-22-141 - Applicability

Current through June, 2024
This subchapter shall apply to any development located on
					 any development lot within the mauka area and constructed after February 27,
					 1982, 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 22 - MAUKA AREA RULES › Subchapter 5 - SPECIAL URBAN DESIGN RULES › Section 15-22-142 - Streetscapes

Current through June, 2024
(a) Curb cuts are permitted only upon
				  approval by the executive director. In his review, the executive director shall
				  find that the curb cut will not result in conflict between pedestrian and
				  vehicular circulation and will result in a good, overall site plan. An
				  application to the executive director for any curb cut shall be accompanied by
				  a site plan showing the size and location of the proposed curb cut.
(b) All new developments shall provide
				  facilities for central trash storage within the development lot. Where trash
				  storage facilities are provided outside of a building, the facilities shall be
				  screened by an enclosure constructed of materials compatible with the materials
				  of the front building wall of the development. In all cases, there shall be
				  provided an area for central trash collection. Such area shall be
				  ventilated.
(c) All new
				  developments shall provide street furniture.
(1) Benches shall be provided for resting
				  places along pedestrianways at appropriate locations; one eight-foot bench
				  shall be located in an area receiving shade adjacent to or near a public
				  sidewalk on every planned development project, said benches shall be positioned
				  to serve general pedestrian traffic;
(2) Bus stop shelters shall be provided for
				  bus commuters where bus stops are located.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 5 - SPECIAL URBAN DESIGN RULES › Section 15-22-143 - Building orientation, tower spacing, and circulation

Current through June, 2024
(a)
				  Building orientation shall be determined based on height.
(1) Up to forty-five feet in height, the long
				  axis of structures shall be oriented, to the extent practicable, between
				  twenty-five degrees and fifty-five degrees east of south to maximize the
				  ventilation effect of prevailing winds.
(2) Above the forty-five foot level, the long
				  axis of structures shall be oriented, to the extent practicable, between
				  thirty-five degrees and sixty-five degrees west of south to minimize exposing
				  the long side to direct sunlight.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 5 - SPECIAL URBAN DESIGN RULES › Section 15-22-145 - Modification of urban design requirements

Current through June, 2024
The authority, in the case of planned developments, or
					 executive director, in the case of base zone developments, 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 mauka area plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 6 - HISTORIC AND CULTURAL SITES › Section 15-22-160 - Statement of purposes

Current through June, 2024
The purpose of this subchapter is to preserve, protect,
					 reconstruct, rehabilitate and restore properties situated in the mauka area
					 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 22 - MAUKA AREA RULES › Subchapter 6 - HISTORIC AND CULTURAL SITES › Section 15-22-161 - 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 mauka 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 22 - MAUKA AREA RULES › Subchapter 6 - HISTORIC AND CULTURAL SITES › Section 15-22-162 - Designation

Current through June, 2024
Properties deemed historic or culturally significant by
					 the authority are so designated in the mauka area plan. In addition to the
					 properties determined to be significant and listed on the mauka 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 22 - MAUKA AREA RULES › Subchapter 6 - HISTORIC AND CULTURAL SITES › Section 15-22-163 - 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 mauka 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 § 15-22-161;
				  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 22 - MAUKA AREA RULES › Subchapter 6 - HISTORIC AND CULTURAL SITES › Section 15-22-164 - 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 §
										15-22-166 of this chapter. Setback
					 requirements shall not be enforced as to any lot on which an historic or
					 culturally significant property is situated where such 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 22 - MAUKA AREA RULES › Subchapter 6 - HISTORIC AND CULTURAL SITES › Section 15-22-165 - Protective maintenance

Current through June, 2024
All historic or culturally significant properties
					 designated by the authority on the mauka 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 22 - MAUKA AREA RULES › Subchapter 6 - HISTORIC AND CULTURAL SITES › Section 15-22-166 - 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 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-180 - Purpose

Current through June, 2024
The rules set forth in this subchapter are designed to
					 govern the sale, rental or transfer of reserved housing units under the planned
					 development provisions of subchapter 4 of this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-181 - Definitions

Current through June, 2024
Whenever used in this subchapter, unless the context
					 otherwise requires:
"Land trust" means a recorded instrument as defined in
					 chapter
					 558, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-182 - Qualifications for reserved housing

Current through June, 2024
(a) The following
				  shall be qualifications for the purchasing or leasing of reserved housing
				  units:
(1) Is a citizen of the United States
				  or a resident alien;
(2) Is a bona
				  fide resident of the State;
(3) Is
				  at least of legal age;
(4) Does 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;
(5) If
				  married, whose spouse does 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;
(6) Shall be the owner or
				  lessee and occupant of the reserved housing unit; and
(7) Has never before purchased a reserved
				  housing unit under this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-183 - 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 or may 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 lottery basis as determined by the
				  authority provided that the applications shall be submitted in person and
				  provided further that only substantially completed applications shall be
				  accepted. 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 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 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 14 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 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-184 - Income

Current through June, 2024
(a) The adjusted household income of a
				  qualified person:
(1) Purchasing a reserved
				  housing unit shall not exceed one hundred forty per cent of median income;
				  and
(2) Renting a reserved housing
				  unit shall not exceed one hundred per cent of median income.
The adjusted household income shall be the income earned
					 during the most recent calendar year preceding the date of application to
					 purchase a reserved housing unit for which copies of filed state or federal tax
					 returns are available.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-185 - Occupancy guidelines

Current through June, 2024
The following are occupancy guidelines for reserved
					 housing units:
Unit Size
Permissible Household Size
Standard Household Size
0 bedroom
1 - 2 persons
1 person
1 bedroom
1 - 3 persons
2 persons
2 bedrooms
2 - 5 persons
4 persons
3 bedrooms
3 - 7 persons
5 persons
4 bedrooms
4 - 9 persons
6 persons
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-185.1 - Affordability criteria

Current through June, 2024
(a) The following
				  criteria shall be utilized in determining price and income equivalencies of
				  units for sale:
(1) Down payment amount shall
				  not exceed ten per cent;
(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;
				  and
(3) Interest rate shall be
				  derived by taking the past six-months average of the interest rate on thirty
				  year fixed rate mortgages less one-half of one per cent.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-186 - Conditions on transfer of reserved housing units

Current through June, 2024
(a) The
				  transfer of reserved housing units shall be regulated in accordance with the
				  conditions set forth in subsection (c) of this section for a minimum number of
				  years following the original sale of the unit as prescribed in subsection (b)
				  below. The authority may elect to extend the period on a case-by-case
				  basis.
(b) The regulated term for
				  reserved housing units shall be established based on unit affordability. Unit
				  affordability, expressed as a percentage of median income, shall be determined
				  based on the standard household sizes established in § 15-22-185 and
				  affordability criteria set forth in § 15-22-185.1. Reserved housing units
				  affordable to qualified persons with adjusted household incomes:
(1) Less than one hundred per cent of median
				  income shall be regulated for ten years;
(2) One hundred to one hundred nineteen per
				  cent of median income shall be regulated for five years; and
(3) One hundred twenty to one hundred forty
				  per cent of median income shall be regulated for two years.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-187 - Equity sharing requirements

Current through June, 2024
(a) The authority's
				  share of the equity in the reserved housing unit shall become due upon:
(1) Waiver of the authority's first option to
				  purchase the reserved housing unit; or
(2) Resale of the reserved housing unit after
				  the expiration of the period during which the authority has the first option to
				  purchase the unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-188 - Deferral or waiver of certain conditions on transfer of reserved housing

Current through June, 2024
(a) The conditions prescribed in §
				  15-22-186 of this chapter pertaining to payment to the authority of its share
				  of the equity in the reserved housing unit shall be deferred by the executive
				  director if the owner wishes to transfer title to the unit and the property or
				  lease by devise or through the laws of descent to a family member who would
				  otherwise qualify under rules established by the authority.
(b) Waivers may be granted by the authority
				  on a case-by-case basis if any of the following are met:
(1) The waiver will not result in
				  speculation;
(2) Where fiscal
				  management will not allow repurchase of the unit; or
(3) Where such waiver will allow permanent
				  financing by other mortgage lenders.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-190 - Occupancy

Current through June, 2024
(a) A reserved housing unit purchased or
				  rented under this chapter shall be occupied by the purchaser or renter at all
				  times.
(b) Violation of subsection
				  (a) shall be sufficient reason for the authority, at its option, to purchase
				  the unit as provided in § 15-22-186 of this chapter or evict the renter
				  from the unit, as applicable.
(c)
				  Any deed, lease, agreement of sale, mortgage, or other instrument of conveyance
				  issued by the authority shall expressly contain the restrictions on use
				  prescribed in this section.
(d) The
				  restriction prescribed in subsection (a) above shall not apply if the authority
				  waives its option to purchase the reserved housing unit or subsequent to the
				  expiration of the option to purchase period.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-191 - Restrictions or conditions on use and sale of a reserved housing unit; effects of amendment or repeal

Current through June, 2024
(a) Restrictions or
				  conditions on the use, sale and transfer of reserved housing units shall be
				  made as uniform as possible in application to purchasers of all units, and
				  restrictions shall be conformed with agreement of the owner to reflect change
				  or repeal made by any subsequent legislative act, ordinance, rule or
				  regulation. Reserved housing unit owners shall be permitted at their election
				  to sell or transfer units subject to restrictions in effect at the time of
				  their sale or transfer.
(b) The
				  authority, any other department of the State, or any county housing agency
				  maintaining restrictions or conditions, through contract, deed, other
				  instrument, or by rule or regulation, shall notify all owners of any change
				  made by law, ordinance, rule or regulation not more than one hundred eighty
				  (180) days after the change, as the case may be, and such notice shall clearly
				  state the enacted or proposed new provisions, the date upon which they are to
				  be effective and offer to each owner of reserved housing units constructed and
				  sold prior to the effective date, an opportunity to modify the existing
				  contract or other instrument to incorporate the most recent
				  provisions.
(c) No dwelling unit
				  owner shall be entitled to modify the restrictions or conditions on use,
				  transfer, or sale of the reserved housing unit, without the written permission
				  of the holder of a duly-recorded first mortgage on the unit and the owner of
				  the fee simple or leasehold interest in the land underlying the unit, unless
				  the holder of the first mortgage or the owner is an agency of the State or its
				  political subdivisions.
(d) This
				  section shall apply to all reserved housing units developed, constructed and
				  sold pursuant to this chapter and similar programs in the State or its
				  political subdivisions and which are sold on the condition that the purchaser
				  accepts restrictions on the use, sale or transfer of interest in the reserved
				  housing unit purchased.
(e) The
				  provisions of this section shall be incorporated in any deed, lease,
				  instrument, rule or regulation relating to restrictions or conditions on use,
				  sale or transfer of reserved housing units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 7 - SALE AND RENTAL OF RESERVED HOUSING UNITS › Section 15-22-192 - Information and verification

Current through June, 2024
(a) The authority
				  shall require applicants and program participants to provide information
				  relating to the family's income, composition, financial condition and status
				  changes, prior to admission to the program and at any other time as determined
				  by the authority.
(b) The authority
				  may require applicants and program participants to provide documentation to
				  verify information submitted to the authority, including but not limited to:
(1) Verification of deposit;
(2) Verification of employment; and
(3) Credit bureau report.
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 15-22-200 - Purpose and intent

Current through June, 2024
(a) The provisions
				  of this subchapter are designed to encourage investment in new development and
				  commitment to master planning of large land holdings. Master plans are intended
				  to encourage timely development, reduce the economic cost of development, allow
				  for the orderly planning and implementation of public and private development
				  projects, and provide a reasonable degree of certainty in the development
				  approval process.
(b) A further
				  purpose of this subchapter is to derive public benefits, such as affordable
				  housing, relocation assistance, public parking, off-site infrastructure and
				  other public facility improvements, which are generally provided by government
				  and would not otherwise be required from private developers. Such public
				  benefits may be negotiated by the authority in exchange for greater development
				  flexibility for a specified period. Master plans may also stipulate when the
				  public benefits are to be provided, thereby giving considerable certainty to
				  the planning and development process.
(c) An approved master plan will provide
				  assurances to landowners, developers and investors that projects proposed
				  within a master planned area that are in accordance with the applicable mauka
				  area rules in effect at the time the master plan is approved will not be
				  restricted or prohibited at the permit stage by subsequent changes to those
				  rules. The purpose of this subchapter is to provide landowners and developers
				  assurances that once they have met or agreed to meet all of the terms and
				  conditions of the master plan approval, their rights to development permit
				  approval in accordance with the development rules in effect at the time of
				  master plan approval shall be vested for a specified period.
(d) A further purpose of this subchapter is
				  to allow greater flexibility in the development of lots within master planned
				  areas than would otherwise be possible through the normal lot-by-lot
				  development approach. Such flexibility is intended to encourage integrated
				  developments and secure better overall planning for extensive land holdings,
				  while recognizing that full development of the area over time would occur
				  incrementally in accordance with the planned development and base zone
				  development requirements in effect at the time of master plan approval.
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 15-22-201 - Definitions

Current through June, 2024
The following terms when used in this subchapter shall
					 have the following respective meanings:
"Developer" means any person who has legal or equitable
					 rights to develop any development lot encompassed by a master plan;
"Landowner" means a person who holds a fee simple interest
					 in all development lots which have been master planned, including a successor
					 or assignee in interest;
"Master plan" means a long-range development plan for an
					 area within the mauka area which describes the overall character of development
					 envisioned within said area and the manner in which development projects will
					 be implemented; and
"Person" means an individual, group, partnership, firm,
					 association, corporation, trust, governmental agency, government official,
					 administrative body, or tribunal or any form of business or legal
					 entity.
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 15-22-202 - Authorization

Current through June, 2024
Any provision of this chapter to the contrary
					 notwithstanding, the authority may approve a master plan application submitted
					 by any landowner in accordance with this subchapter, provided that the master
					 plan shall include an area totaling no less than ten acres in size, excluding
					 streets, provided that at least six acres shall be contiguous, and that there
					 are adequate public benefits to be derived from implementing the master plan.
					 The master plan may consist of both existing and future development and may
					 encompass development lots in all land use zones.
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 15-22-204 - Application requirements

Current through June, 2024
(a) Any landowner
				  may file an application for master plan approval with the authority.
(b) An application for master plan approval
				  shall include sufficient information to clearly indicate the pattern and
				  implications of development within the master planned area. The application
				  shall include, but not be limited to, the following:
(1) A plan drawn to scale showing:
(A) Boundaries of the master planned area
				  with property lines, dimensions and area;
(B) Proposed locations and uses of all
				  structures and open areas, the maximum density or intensity of uses, the bulk
				  and height of all structures and their relationship to each other and to
				  adjacent areas, the maximum gross floor areas of buildings by types of uses,
				  the maximum ground coverage of all buildings, the maximum FAR by blocks; and
				  the relationship of buildings to required yard and view corridor
				  setbacks;
(C) The proposed location
				  and maximum number of residential units including reserved housing
				  units;
(D) Traffic circulation,
				  including existing roads proposed for closure and proposed changes to roadway
				  alignments, if any;
(E) Pedestrian
				  circulation system, at grade and grade separated, including proposed arcades,
				  through-block arcades, and plazas, if any;
(F) The locations of proposed parking areas,
				  with estimates of the number of parking spaces;
(G) The location and amount of land proposed
				  to be dedicated for public facilities, or the arrangements for cash in lieu
				  thereof;
(H) The location or type
				  of land and facilities in private ownership which are proposed for quasi-public
				  use; and
(I) The location and
				  minimum amount of proposed open space and recreation areas.
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 15-22-205 - Determination by the authority

Current through June, 2024
(a) In reaching its
				  determination on an application for master plan approval, the authority shall
				  consider the following:
(1) The nature of the
				  proposed master planned area and proposed developments therein in terms of
				  size, use, density, general bulk and height of structures, setbacks, required
				  open space and recreation areas, the location and amount of residential uses
				  including reserved housing units, and on-site parking;
(2) The relationship between structures and
				  uses within structures, building orientation, deck level activities, and
				  preservation of view corridors;
(3)
				  Whether the pedestrian and vehicular circulation system is so designed as to
				  provide an efficient, safe, and convenient transportation system;
(4) The appropriateness of the public
				  benefits to be provided and the adequacy of provisions for the delivery of
				  those public benefits;
(5) The
				  appropriateness of any proposed exception to the applicable development rules
				  which are needed to implement the master plan;
(6) The appropriateness for providing greater
				  development flexibility for the purpose of attracting investment capital into
				  the area and encouraging timely redevelopment and better overall planning for
				  the area; and
(7) Any other matter
				  which the authority deems appropriate.
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 15-22-206 - Review, termination and amendment

Current through June, 2024
(a) The authority
				  may at any time conduct a review of compliance with the terms and conditions of
				  a master plan approval, provided that such a review shall be required upon
				  petition by the landowner for an extension of the effective period of the
				  master plan approval.
(b) If, as a
				  result of a review, the executive director finds and determines that the terms
				  or conditions of approval have not or are not being met, the executive director
				  shall, within ten days of this finding, notify the landowner in writing,
				  setting forth the specific default and the evidence supporting the finding and
				  determination, and provide the landowner a reasonable time period within which
				  to correct the default.
(c) If the
				  landowner fails to cure the default within the time period given, the authority
				  may terminate or modify the approval, or disapprove the extension request, as
				  the case may be, provided that the executive director has first given the
				  landowner the opportunity to rebut the finding and determination, or to consent
				  to amend the approval to cure the default. Failure to cure the default within
				  the time period given shall be cause for denial of any planned development
				  permit within the master planned area.
(d) A master plan, once approved, may be
				  amended or terminated, in whole or in part, by mutual consent of the authority
				  and landowner, or their successors in interest, provided that if the authority
				  determines that a proposed amendment would substantially alter the terms and
				  conditions of the approved master plan, a public hearing on the amendment shall
				  be held prior to the authority's approval of the proposed amendment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 9 - RULES REVIEW AND AMENDMENT › Section 15-22-220 - Rules review and amendment

Current through June, 2024
The mauka 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-1 - General purposes

Current through June, 2024
(a) The legislature
				  of the State of Hawaii, by chapter 206E, HRS, established the Kakaako community
				  development district (hereinafter "Kakaako district") - In so doing, the
				  legislature determined that there was a need for replanning, renewal, or
				  redevelopment of that area. The legislature found the following with respect to
				  the Kakaako district:
(1) The Kakaako
				  district is centrally located in Honolulu proper, in close proximity to the
				  central business district, the government center, commercial and market
				  facilities, major existing and contemplated transportation routes and
				  recreational and service areas;
(2)
				  The Kakaako district, because of its present function as a service and light
				  industrial area, is relatively underdeveloped and has, especially in view of
				  its proximity to the urban core where the pressure for all land uses is strong,
				  the potential for increased growth and development that can alleviate community
				  needs such as low- or moderate-income housing, parks and open space, and
				  commercial and industrial facilities;
(3) The Kakaako district, if not redeveloped
				  or renewed, has the potential to become a blighted and deteriorated area.
				  Because of its present economic importance to the State in terms of industry
				  and subsequent employment, there is a need to preserve and enhance its value
				  and potential; and
(4) Kakaako has
				  a potential, if properly developed and improved, to become a planned new
				  community in consonance with surrounding urban 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 1 - GENERAL PROVISIONS › Section 15-23-2 - Development guidance policies

Current through June, 2024
The development guidance policies governing the
					 authority's actions in the Kakaako district have been set forth by the
					 legislature in section
					 206E-33,
					 HRS.
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 1 - GENERAL PROVISIONS › Section 15-23-3 - Title

Current through June, 2024
These rules shall be known and may be cited as the Kakaako
					 community development district rules for 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 1 - GENERAL PROVISIONS › Section 15-23-4 - Plan and design guidelines incorporated by reference

Current through June, 2024
The makai area plan and makai area design guidelines, 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-6 - Rules for construction of language

Current through June, 2024
The following rules of construction apply to the text of
					 this chapter.
(1) The particular shall
				  control the general;
(2) In case of
				  any difference of meaning or implication between the text of this chapter and
				  any caption, illustration, map, summary table, or illustrative table, the text
				  shall control;
(3) The word 'shall"
				  is always mandatory and not discretionary. The word "may" is
				  permissive;
(4) Words used in the
				  present tense shall include the future; and words used in the singular number
				  shall include the plural, and the plural the singular, unless the context
				  clearly indicates the contrary;
(5)
				  A "building" or 'structure" includes any part thereof;
(6) The phrase "used for" includes "arranged
				  for", "designed for", "intended for", "maintained for", or "occupied
				  for";
(7) The word "person"
				  includes an individual, a corporation, a partnership, an incorporated
				  association, or any other similar entity;
(8) Unless the context clearly indicates the
				  contrary, where a rule involves two or more items, conditions, provisions, or
				  events connected by the conjunction "and", "or", or "either ... or", the
				  conjunction shall be interpreted as follows:
(A) "And" indicates that all the connected
				  items, conditions, provisions, or events shall apply.
(B) "Or" indicates that the connected items,
				  conditions, provisions, or events may apply singly or in any
				  combination.
(C) "Either...or"
				  indicates that the connected items, conditions, provisions, or events shall
				  apply singly but not in combination;
Hawaii Administrative Rules › Title 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 1 - GENERAL PROVISIONS › Section 15-23-7 - Establishment of the Kakaako community development district

Current through June, 2024
The Kakaako district was established by the legislature in
					 1976. As originally established, the district included that area bounded: by
					 King Street; Piikoi Street from its intersection with King Street to Ala Moana
					 Boulevard; Ala Moana Boulevard from Piikoi Street to its intersection with
					 Punchbowl Street; and Punchbowl Street to its intersection with King Street.
					 The legislature, during its 1982, 1987, and 1990 sessions, revised the
					 district's boundary to include an area of approximately 221 acres makai of Ala
					 Moana Boulevard, The district's present boundary is defined in section
					 206E-32,
					 HRS, and is delineated on Exhibit 1 entitled "Makai Area Context Plan", dated
					 September 2005, and attached at the end of this chapter.