TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO COMMUNITY PLANNING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . planning districts
§46-A Definitions. As used in this part, unless otherwise indicated by the context:
"Action" or "action taken" means approval, approval with modification, or disapproval.
"Application" means the preliminary plans and specifications for a development project and includes materials, such as plans, information, or specifications, submitted to a planning agency at the request of the agency. A planning agency may adopt rules pursuant to chapter 91 to further specify materials that shall be deemed part of an application for purposes of this part.
"Exceptional planning project" or "project" means the planning, financing, and acquisition of real and personal property; demolition of existing structures and clearance of real property; construction, reconstruction, alteration, or repairing of approaches, streets, sidewalks, utilities, and services, or other site improvements; construction, reconstruction, repair, remodeling, extension, equipment, or furnishing of buildings or other structures; any combination of the foregoing with respect to any residential or commercial project located wholly within a planning district; and any and all undertakings necessary for any of the foregoing. "Exceptional planning project" shall not include any of the foregoing activities with respect to any residential or commercial project not located wholly within a planning district.
"Legislative body" means the legislative body of the county to which a qualified developer submits an application or final plans and specifications for a development project.
"Planning agency" or "agency" means the planning agency of a county to which a qualified developer submits an application for a development project.
"Program" means the transit-oriented development program pursuant to section 46-F, as made applicable to a county through adoption by the county.
"Qualified developer" means a person, corporation, organization, partnership, association, or other legal entity that is:
(1) Licensed to do business in the State; and
(2) Bonded in an amount to be determined by the respective legislative body of each county.
§46-B Planning districts. There are established planning districts that shall consist of:
(1) An area within a one-half-mile radius from all county-designated rail transit stations;
(2) An area within a one-quarter-mile radius from all county-designated bus transit centers;
(3) The area between the two county-designated rail transit stations located nearest to the Honolulu International Airport; or
(4) A main-street redevelopment project suitable for development by community financed projects or business improvement districts, as designated by the Hawaii community planning authority subject to the approval of the legislature.
The land use commission shall classify or reclassify all planning districts as an urban district under section 205-2.
§46-C Exceptional planning projects; application by developer; review. (a) A qualified developer may submit to the planning agency an application for approval of a commercial or residential exceptional planning project within a planning district. The application shall include a transit ridership study that shall demonstrate the need for development within the proposed area due to population density standards. Upon receipt of the application, the planning agency shall review the application and secure any additional information that the agency deems necessary for the purpose of taking action. The planning agency shall take action within forty-five days of receipt of the application; provided that the time to take action may be extended up to fifteen days for good cause. Within ten days, the planning agency shall notify the developer of the action taken.
(b) The planning agency shall forward the application with its action to the legislative body. The legislative body may disapprove an application by a resolution within forty-five days from the date the qualified developer submits the application to the planning agency. If on the forty-sixth day the application is not disapproved by a resolution, it shall be deemed to have been approved by the legislative body; provided that no application shall be deemed approved if the exceptional planning project:
(1) Is not to be performed by contractors or subcontractors licensed pursuant to chapter 444; or
(2) Contravenes any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of any board of water supply authorized under chapter 54.
§46-D Indemnity. No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving the application or plans and specifications of a development project.
§46-E Use of unlicensed contractor or subcontractor; penalty. (a) No unlicensed contractor or subcontractor shall work on any exceptional planning project authorized under this part. A developer shall be fined not more than $10,000 for each separate offense under this section. Each date of violation shall constitute a separate offense. The attorney general and the director of labor and industrial relations may bring an action pursuant to this section.
(b) The penalties provided in this section shall be cumulative to the remedies or penalties available under all laws of this State.
§46-F County transit-oriented development program. (a) Any county with a planning district may establish a county transit-oriented development program. The program shall include community-based planning for transit-oriented development, strategies for infrastructure upgrades to support development and redevelopment, and minimum urban design and site plan guidelines.
(b) In developing its program, the county shall consider establishing minimum eligibility criteria for exceptional planning projects, including but not limited to:
(1) Minimum and maximum project sizes;
(2) Requiring a mix of commercial and residential uses;
(3) If the project is near a rail transit station:
(A) The commercial portion of the project shall provide at least an equivalent of sixty employees per acre or greater;
(B) The residential portion of the project shall provide a minimum of fifty per cent of the units be occupied by households with incomes between sixty per cent and one hundred per cent of adjusted median income, as defined by the Department of Housing and Urban Development;
(C) It may propose a parking ratio of twenty-five per cent below any existing required ratio, and a maximum cap on the total number of parking spaces or propose a centralized public or private parking structure;
(4) If the project is near a bus transit station:
(A) The commercial portion of the project shall provide at least an equivalent of thirty employees per acre or greater;
(B) The residential portion of the project shall provide a minimum of thirty per cent of the units be occupied by households with incomes between sixty per cent and one hundred per cent of adjusted median income, as defined by the Department of Housing and Urban Development;
(5) Creating street level activities, such as retail and public gathering areas, including early evening hour activities; and
(6) Providing community benefits including off-site open space, on-site social services space, and major off-site infrastructure upgrades.
(c) Any county participating in the program shall adopt ordinances as necessary for the purposes of this section.
§46-G Adoption of rules. A planning agency may adopt rules pursuant to chapter 91 that are necessary to effectuate the purposes of this part."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. This Act shall take effect upon its approval.
Planning Districts; County Transit-oriented Development Program
Allows the counties to create county transit-oriented development programs. Establishes planning districts and creates a process for developers to apply for residential and commercial exceptional planning projects. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.