Report Title:

County Land Use Planning

Description:

Requires any chapter 201G housing project to conform to the general plan of the county in which the project is to be situated. Allows the legislative body of the county 75 days to approve or disapprove of a chapter 201G project. Allows counties to reclassify land areas of 50 acres or less, except conservation land.

HOUSE OF REPRESENTATIVES

H.B. NO.

1757

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COUNTY LAND USE PLANNING.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 201G-118, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The corporation may develop, on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects [which] that shall conform to the general plan of the county in which the project is to be situated and shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to [planning, zoning,] construction standards for subdivisions, development, and improvement of land[,] and the construction of units thereon; provided that:

(1) The corporation finds the project is consistent with the purpose and intent of this chapter[,] and meets minimum requirements of health and safety;

(2) The development of the proposed project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or the various boards of water supply authorized under chapter 54; and

(3) The legislative body of the county in which the project is to be situated shall have approved the project.

(A) The legislative body shall approve or disapprove the project by resolution within [forty-five] seventy-five days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the [forty-sixth] seventy-sixth day a project is not disapproved, it shall be deemed approved by the legislative body;

(B) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, or disapproving the plans and specifications; and

(C) The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. If the project comprises of a land area of fifty acres or less, the final plans and specifications for the project shall constitute the land use classification for the project. For purposes of sections 501-85 and 502-17, the executive director of the corporation[,] or the responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; and

(4) The land use commission shall approve or disapprove a boundary change within forty-five days after the corporation has submitted a petition to the commission as provided in section 205-4. If on the forty-sixth day the petition is not disapproved, it shall be deemed approved by the commission."

SECTION 2. Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:

"(a) District boundary amendments involving land areas greater than [fifteen] fifty acres shall be processed by the land use commission pursuant to section 205-4.

(b) Any department or agency of the State, and department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified may petition the appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving lands less than [fifteen] fifty acres presently in the agricultural, rural, and urban districts.

(c) District boundary amendments involving land areas of [fifteen] fifty acres or less, except in conservation districts, shall be determined by the appropriate county land use decision-making authority for [said] the district and shall not require consideration by the land use commission pursuant to section 205-4. District boundary amendments involving land areas of [fifteen] fifty acres or less in conservation districts shall be processed by the land use commission pursuant to section 205-4. The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land or such other proceedings. Appropriate ordinances and rules to allow consolidation of such proceedings may be developed by the county land use decision-making authority."

SECTION 3. Section 205-4, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"§205-4 Amendments to district boundaries involving land areas greater than [fifteen] fifty acres. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts and all petitions for changes in district boundaries involving lands greater than [fifteen] fifty acres in the agricultural, rural, and urban districts, except as provided in section 201G-118. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201G-118."

SECTION 4. Section 205-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Special permits for land the area of which is greater than [fifteen] fifty acres shall be subject to approval by the land use commission. The land use commission may impose additional restrictions as may be necessary or appropriate in granting such approval, including the adherence to representations made by the applicant."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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