Report Title:
Housing and Community Development Corporation of Hawaii
Description:
In an expedited proceeding, requires hearing in affected community, report containing concerns and mitigative measures; and compliance with community or development plan.
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THE SENATE |
S.B. NO. |
1241 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 201G-118, Hawaii Revised Statutes, is amended to read as follows:
"§201G-118 Housing development; exemption from statutes, ordinances, charter provisions, rules[.]; public hearing. (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 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 shall hold a public hearing in the community plan or development plan area where the proposed project is to be located;
(2) The corporation shall review the concerns and issues raised at the public hearing and any other testimony or comments submitted relating to anticipated impacts of the project on the surrounding areas and infrastructure and shall determine that the mitigative measures proposed by the corporation or an eligible developer adequately address these anticipated impacts;
(3) The corporation finds that the project area is designated for residential or multi-family use, as the case may be, on the community plan or development plan for the project area;
[(1)] (4) The corporation finds the project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety;
[(2)] (5) 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)] (6) 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 days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the forty-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)] (7) 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.
(b) For the purposes of this section, "government assistance program" means a housing program qualified by the corporation and administered or operated by the corporation or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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