Report Title:

County land use planning

Description:

Requires any housing project developed by the Housing and Community Development Corporation of Hawaii to conform to the general plan of the county in which the project is situated; allows the legislative body of that county 75 days to approve or disapprove such a project; and removes the exemption of such projects from planning and zoning requirements. (HB1758 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

1758

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HOUSING PROJECTS.

 

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 3. This Act shall take effect on July 1, 2010.