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THE SENATE |
S.B. NO. |
643 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to zoning exemptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"(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 that shall be exempt
from all statutes, ordinances, charter provisions, and rules of any government
agency relating to planning, zoning, construction standards for subdivisions,
development and improvement of land, and the construction of dwelling units
thereon; provided that:
(1) The corporation finds the housing 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 housing
project does not contravene any safety standards, tariffs, or rates and fees
approved by the public utilities commission for public utilities or of the
various boards of water supply authorized under chapter 54;
(3) The legislative body of the county in which
the housing project is to be situated shall have approved the project with or
without modifications:
(A) The legislative body shall approve, approve
with modification, 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, modifying, 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, approve
with modification, 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[.]; and
(5) This section shall not apply to the development of any lands within the conservation district as defined by section 183C-2 or lands zoned as a preservation district by a county."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Housing Development; HHFDC; Conservation District; Preservation District
Description:
Requires the
Hawaii Housing Finance and Development Corporation to comply with various
development statutes, ordinances, charter provisions, and rules when developing
on lands of the state conservation district or a county preservation district.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.