Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 11 - CONDITIONS: FILING, ENFORCEMENT, MODIFICATION, DELETION › Section 15-15-90 - Imposition of conditions; generally

Current through June, 2024
(a) In approving a
				  petition for boundary amendment, the commission may impose conditions necessary
				  to uphold the general intent and spirit of chapters
				  205,
				  205A, and
				  226, HRS, and to assure substantial
				  compliance with representations made by the petitioner in seeking the boundary
				  amendment.
(b) The commission may
				  request the appropriate state or county agency to report periodically to the
				  commission on the petitioner's compliance with the applicable conditions
				  imposed by the commission.
(c) The
				  commission may require the petitioner to submit periodic reports indicating
				  what progress has been made in complying with any conditions that may have been
				  imposed by the commission.
(d) The
				  commission may require the petitioner to notify the commission of any intent to
				  sell, lease, assign, place in trust, or otherwise voluntarily alter the
				  ownership interests in the property covered by the approved petition.
(e) If a boundary amendment petition filed
				  pursuant to section
				  205-4,
				  HRS, is approved pursuant to section
				  91-13.5,
				  HRS, or a petition filed pursuant to section
				  201H-38,
				  HRS, is deemed approved on the forty-sixth day, the following mandatory
				  conditions shall apply:
(1) Petitioner shall
				  develop the land to which the boundary amendment applies in substantial
				  compliance with the representations made to the commission. Failure to so
				  develop the subject property may result in reversion of the subject property to
				  its former land use_district classification, or change it to a more appropriate
				  land use district classification;
(2) Petitioner shall provide notice to the
				  commission of any intent to sell, lease, assign, place in trust, or otherwise
				  voluntarily alter the ownership interests in the subject property prior to or
				  during development of the subject property, excluding, however, individual lot
				  sales or lease in a residential or industrial development;
(3) Petitioner shall timely provide without
				  any prior notice, annual reports to the commission, state office of planning,
				  and the respective county planning department in connection with the status of
				  the project proposed for the land to which the boundary amendment applies, and
				  petitioner's progress in complying with the conditions imposed. The annual
				  report shall be submitted in a form prescribed by the executive officer of the
				  commission. The annual report shall consist of one original, one paper copy,
				  and one electronic copy, and shall be due prior to or on the anniversary date
				  of the approval of the petition;
(4) The commission may fully or partially
				  release the conditions provided herein as to all or any portion of the land to
				  which the boundary amendment applies upon timely motion and upon the provision
				  of adequate assurance by the_petitioner of satisfaction of the conditions
				  imposed;
(5} Within seven days of
				  the approval date of the petition, the petitioner shall:
(A) Record with the bureau of conveyances a
				  statement that the land to which the boundary amendment applies is subject to
				  conditions imposed herein, by the commission; and
(B) File a certified copy of such recorded
				  statement with the commission;
(6) Petitioner shall record the conditions
				  imposed herein by the commission with the bureau of conveyances pursuant to
				  section 15-15-92;
(7) Petitioner
				  shall provide affordable housing opportunities for low, low-moderate, and
				  moderate income residents of the State of Hawaii to the satisfaction of the
				  respective county in which the land to which the boundary amendment applies is
				  located. The respective county shall consult with the Hawaii housing finance
				  and development corporation prior to its approval of the petitioner's
				  affordable housing plan. The location and distribution of the affordable
				  housing or other provisions for affordable housing shall be under such terms as
				  may be mutually agreeable between the petitioner and the respective
				  county;
(8) Provided that the
				  proposed land uses include residential units, petitioner shall contribute to
				  the development, funding, and construction of public school facilities as
				  determined by and to the satisfaction of the state department of
				  education;
(9) Petitioner shall
				  participate in the funding and construction of adequate wastewater transmission
				  and disposal facilities, on a fair-share basis, as determined by the respective
				  county in which the land to which the boundary amendment applies is located,
				  and the state department of health;
(10) Petitioner shall prepare a traffic
				  impact analysis report. The traffic impact analysis report shall identify the
				  traffic impacts attributable to the proposed development and recommended
				  proposed mitigation measures. The report should also reflect the latest
				  planning efforts for transportation. The report shall be reviewed and approved
				  by the state department of transportation, and the respective county
				  transportation agency in which the land to which the boundary amendment applies
				  is located. Based upon the report, the petitioner may be required to
				  participate on a fair-share basis, in the funding and construction of local and
				  regional transportation improvements and programs, including dedication of
				  rights-of-way as determined by the state department of transportation and the
				  respective county transportation agency in which the land to which the boundary
				  amendment applies is located;
(11)
				  Petitioner shall, on a fair-share basis, fund and construct adequate civil
				  defense measures as determined by the state civil defense agency;
(12) Petitioner shall have an archaeological
				  inventory survey conducted by a professional archaeologist. The findings shall
				  be submitted to the state department of land and natural resources, state
				  historic preservation division in report format for adequacy review and a copy
				  shall be provided to the commission. The state historic preservation division
				  shall verify in writing with a copy provided to the commission that the survey
				  report is acceptable, that significance evaluations are acceptable, and that
				  mitigation commitments are acceptable;
(13) If significant historic sites are
				  present, the petitioner shall submit a detailed historic preservation
				  mitigation plan for review by the state historic preservation division and a
				  copy shall be provided to the commission. This plan may include preservation
				  and archaeological data recovery subplans (detailed scopes of work). The state
				  historic preservation division shall verify in writing with a copy provided to
				  the commission that the plan has been successfully executed;
(14) Petitioner shall stop work in the
				  immediate vicinity should any previously unidentified burials, archaeological
				  or historic sites such as artifacts, marine shell concentrations, charcoal
				  deposits, or stone platforms, pavings or walls be found. Subsequent, work shall
				  proceed upon an archaeological clearance from the state historic preservation
				  division when it determines that mitigative measures have been implemented to
				  its satisfaction;
(15) Petitioner
				  shall participate in an air quality monitoring program as specified by the
				  state department of health;
(16)
				  Petitioner shall be responsible for implementing sound attenuation measures to
				  bring noise levels from vehicular traffic in the affected properties down to a
				  level of fifty-five decibels;
(17)
				  If the petition for a boundary amendment involves prime agricultural lands,
				  petitioner shall be responsible for contributing to the protection of an
				  equivalent amount of prime agricultural lands and related infrastructure via
				  long-term agricultural conservation easements or other agriculturally-related
				  assets as determined by and to the satisfaction of the state department of
				  agriculture;
(18) Petitioner shall
				  notify all prospective buyers of property of the potential odor, noise, and
				  dust pollution if there are any agricultural district lands surrounding the
				  land to which the boundary amendment applies;
(19) To the extent that the petition area is
				  contiguous or adjacent to lands in the State land use agricultural district,
				  any action that would interfere with or restrain farming operations on those
				  lands is prohibited, provided the farming operations are conducted in a manner
				  consistent with generally accepted agricultural and management practices.
				  Petitioner shall notify all prospective developers or purchasers of all or any
				  portion of the petition area or any interest in the petition area, and shall
				  require its purchasers to provide subsequent notification to lessees or tenants
				  that farming operations and practices on adjacent or contiguous land in the
				  State land use agricultural district are protected under chapter
				  165, HRS, the Hawaii Right to Farm
				  Act. This notice shall be included in any disclosure required for the sale or
				  transfer of all or any portion of the petition area or any interest in the
				  petition area;
(20) Petitioner
				  shall fund the design and construction of drainage improvements required as a
				  result of the development of the land to which the boundary amendment applies
				  to the satisfaction of the appropriate state and county agencies;
(21) Petitioner shall cooperate with the
				  state department of health and the respective county to conform to the program
				  goals and objectives of chapter
				  342G, HRS, and the respective
				  county's approved integrated solid waste management plans in accordance with a
				  schedule and timeframe satisfactory to the state department of
				  health;
(22) To the extent required
				  by the state department of health, petitioner shall ensure that nearshore,
				  offshore, and deep ocean waters remain in pristine condition;
(23) Petitioner shall participate in the
				  funding and construction of adequate water source, storage, and transmission
				  facilities and improvements to accommodate the proposed uses. Water
				  transmission facilities shall be coordinated and approved by appropriate state
				  and county agencies. The county's water use and development plan shall be
				  amended to reflect changes in water demand forecasts and in water development
				  plans to supply the proposed uses; and
(24) Petitioner shall preserve and protect
				  any established gathering and access rights of native Hawaiians who have
				  customarily and traditionally exercised subsistence, cultural, and religious
				  practices on the land to which to the boundary amendment
				  applies.