TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO COUNTY LAND USE REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there is a need to revise laws related to agricultural property regimes. Recently, there has been an increased interest in developing agricultural lands through the condominium property regime process. While this provides land developers with a process to reduce front-end costs of selling agricultural lands, it often thwarts the long-term viability of these "units", as master planning is absent, particularly with respect to supporting county infrastructure.
The legislature further finds that current condominium property regime laws only require that the proposed condominium property regime comply with county zoning, but do not require compliance with county subdivision requirements, which is where counties can review and ensure that necessary supportive infrastructure is available, including roads, water, and sewer lines, prior to the sale of the property.
The legislature additionally finds that current condominium property regime laws do not require county approval of the condominium property regime. This current process inhibits a county's ability to plan, regulate, and enforce its agricultural plans, goals, and infrastructure services.
The legislature also finds that section 205-4.5(f), Hawaii Revised Statutes, specifically allows agricultural land developers to bypass county subdivision requirements, which promotes the condominium property regime process over the county subdivision process. The condominium property regime process is a complex set of regulations and restrictions that are often not easily understood at the time of purchase.
The purpose of this Act is to provide an option for county participation in the approval of certain major condominium property regimes.
SECTION 2. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
(f)[ ]] Notwithstanding any other law to the
contrary, agricultural lands may be subdivided and
leased for the agricultural uses or activities permitted in subsection (a);
(1) The principal use of the leased land is agriculture;
(2) No permanent or
temporary dwellings or farm dwellings, including trailers and campers, are
constructed on the leased area. This
restriction shall not prohibit the construction of storage sheds, equipment
sheds, or other structures appropriate to the agricultural activity carried on
within the lot; [
and] provided that no
residential or congregate use of such sheds or other structures for any length
of time shall be permitted, and any violation of this paragraph shall be
subject to county enforcement authority and fines pursuant to sections 46-4,
205-12, and 205-13;
(3) No residential development is constructed on lands that were or are currently in a preservation zoning district; and
(3)] (4) The
lease term for a subdivided lot shall be for at least as long as the greater
(A) The minimum real property tax agricultural dedication period of the county in which the subdivided lot is located; or
(B) Five years.
Lots created and leased pursuant to this section shall be legal lots of record for mortgage lending purposes and shall be exempt from county subdivision standards."
SECTION 3. Section 514B-5, Hawaii Revised Statutes, is amended to read as follows:
"§514B-5 Conformance with county [
laws. Any condominium property regime
established under this chapter shall conform to the existing underlying county
zoning and subdivision or equivalent requirements, except as provided in
section 205-4.5(f), for the property and all applicable county permitting
requirements adopted by the county in which the property is located, including
any supplemental rules adopted by the county, pursuant to section 514B‑6,
to ensure the conformance of condominium property regimes to the purposes and
provisions of county zoning, subdivision, and development ordinances and
rules and chapter 205, including section 205-4.6 where applicable[ .],
except as provided in section 205-4.5(f). In the case of a property which
includes one or more existing structures being converted to condominium status,
the condominium property regime shall comply with section 514B‑32(a)(13)
SECTION 4. Section 514B-6, Hawaii Revised Statutes, is amended to read as follows:
Supplemental county ordinances and rules governing a condominium
property regime. Whenever any county deems it proper, the
county may adopt supplemental ordinances and rules governing condominium
property regimes established under this chapter in order to implement this
program; provided that any of the supplemental rules adopted shall not conflict
with this chapter or with any of the rules adopted by the commission to
implement this chapter."
SECTION 5. Section 514B-52, Hawaii Revised Statutes, is amended to read as follows:
"§514B-52 Application for registration. (a) An application for registration of a project shall:
(1) Be accompanied by nonrefundable fees as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91; and
(2) Contain the documents and information concerning the project and the condominium property regime as required by sections 514B‑54, 514B‑83, and 514B‑84, as applicable, and as otherwise may be specified by the commission.
(b) An application for registration of a project in the agricultural district classified pursuant to chapter 205 shall include a verified statement, signed by an appropriate county official, that the project as described and set forth in the project's declaration, condominium map, bylaws, and house rules does not include any restrictions limiting or prohibiting agricultural uses or activities, in compliance with section 205‑4.6. The commission shall not accept the registration of a project where a county official has not signed a verified statement.
(c) An application for registration of a project in a county agricultural zoning district or preservation zoning district shall include:
(1) A verified statement, signed by an appropriate county official, that the project is in compliance with any supplemental county ordinances, county subdivision standards, except as provided in section 205-4.5(f), and other rules adopted pursuant to section 514B-6; and
(2) An agricultural business plan, farm plan, or conservation plan, to be updated every five years after submission.
(c)] (d) The commission need not process any
incomplete application and may return an incomplete application to the
developer and require that the developer submit a new application, including
nonrefundable fees. If an incomplete
application is not completed within six months of the date of the original
submission, it shall be deemed abandoned and registration of the project shall
require the submission of a new application, including nonrefundable fees.
(d)] (e) A developer shall promptly file amendments to
report either any actual or expected pertinent or material change, or both, in
any document or information contained in the application."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2100.
Condominium Property Regimes; Agricultural Lands; County Subdivision Requirements
Prohibits residential or congregate use of sheds or other structures on agricultural lands. Prohibits residential development on lands previously or currently in a preservation zoning district. Requires condominium property regimes to comply with county subdivision or equivalent requirements subject to exceptions. Requires that an application for registration of a project in a county agricultural zoning district or preservation zoning district include a verified statement, signed by an appropriate county official, that the project is in compliance with any applicable supplemental county ordinances, county subdivision standards, and other rules, and an agricultural business plan, farm plan, or conservation plan. (SB2524 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.