Report Title:

Land Use Impact Assessments; Residential Development

Description:

Requires a developer of residential development (over 20 homes) to submit a land use impact assessment to the appropriate permitting agency prior to the approval of a permit, including an estimate of the impact costs of the proposed development on existing infrastructure, such as schools, sewers, and roads.

HOUSE OF REPRESENTATIVES

H.B. NO.

863

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to land use impact assessments.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

" - Land use impact assessments. (a) Prior to the approval of any permit in connection with a proposed residential development, the developer of the residential development shall submit a land use impact assessment to the appropriate permitting agency, which shall provide an estimate of the impact costs of the proposed residential development on existing infrastructure that will be affected by the development, including the development's impact on:

(1) Waste disposal and waste management systems, including sewers and sewage systems;

(2) Water works, projected water use, and water supply, including reservoirs;

(3) Parks and playgrounds;

(4) Public elementary and secondary schools;

(5) Roads and highways;

(6) Other public utilities and facilities; and

(7) Periodic maintenance costs for paragraphs (1) to (6).

(b) No application for a permit in connection with a residential development shall be deemed to be complete unless the developer has submitted a completed land use impact assessment that meets the requirements of the permitting agency.

(c) The permitting agency shall review the land use impact assessment in determining whether to approve, approve with conditions, or deny the permit.

(d) The land use impact assessment requirements of this section shall be in addition to any other impact study required by law, including the requirement of an environmental assessment or environmental impact statement under chapter 343.

(e) For purposes of this section:

"Developer" means a person, corporation, organization, partnership, association, or other legal entity constructing, erecting, enlarging, altering, or engaging in any residential development activity.

"Impact costs" means the costs of land acquisition, construction, planning and engineering, administration, and legal and financial consulting fees associated with construction or improvements to expand the capacity and serviceability of existing public facilities and the development of new public facilities. Impact costs do not include expenditures for required affordable housing, routine and periodic maintenance, personnel, training, or other operating costs.

"Land use impact assessment" means a written document that provides an estimate of the impact costs of proposed residential development on existing infrastructure prepared pursuant to this section.

"Permit" means any state or county application, petition, permit, license, certificate, or any other form of a request for approval required by law to be obtained prior to the construction or expansion of a residential development.

"Residential development" means any artificial change to real property that requires a permit, including construction, expansion, enlargement, alteration, or erection of more than twenty buildings or structures to be used as residential dwellings."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

_____________________________