Bill Text: HI SB3066 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 3066 (Prior Session Legislation)

Introduced

Bill Title: Hawaii Community Development Authority; Community Development; Urban Planning

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - (S) Re-Referred to WLH, WAM. [SB3066 Detail]

Download: Hawaii-2012-SB3066-Introduced.html

THE SENATE	S.B. NO.	3066
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to community development.

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

PART I

SECTION 1. Chapter 206E, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"Chapter 206E

HAWAII COMMUNITY [~~DEVELOPMENT~~] PLANNING AUTHORITY"

SECTION 2. Section 206E-1, Hawaii Revised Statutes, is amended to read as follows:

"§206E-1 Findings and purpose. The legislature finds that many areas of the State are substantially undeveloped, blighted, or economically depressed, and are or are potentially in need of renewal, renovation, or improvement to alleviate such conditions as dilapidation, deterioration, age, and other such factors or conditions which make such areas an economic or social liability.

The legislature further finds that there exists within the State vast, unmet community development needs. These include, but are not limited to, a lack of suitable affordable housing; insufficient commercial and industrial facilities for rent; residential areas which do not have facilities necessary for basic liveability, such as parks and open space; and areas which are planned for extensive land allocation to one, rather than mixed uses.

It is further determined that the lack of planning and coordination in such areas has given rise to these community development needs and that existing laws and public and private mechanisms have either proven incapable or inadequate to facilitate timely redevelopment and renewal.

The legislature finds that a new and comprehensive authority for community [~~development~~] planning must be created to join the strengths of private enterprise, public development and regulation into a new form capable of long-range planning and implementation of improved [~~community development.~~] communities. The purpose of this chapter is to establish such a mechanism in the Hawaii community [~~development~~] planning authority, a public entity which shall determine community development programs and cooperate with private enterprise and the various components of federal, state, and county governments in bringing plans to fruition. For such areas designated as community development districts[,] and transit-oriented development zones, the legislature believes that the planning and implementation program of the Hawaii community [~~development~~] planning authority will result in communities which serve the highest needs and aspirations of Hawaii's people.

The legislature further finds that successful planning for growth requires increasing the density of existing and new communities. Well-designed and well-integrated higher-density development can significantly reduce dependency on cars, but those benefits are even greater when jobs and retail are incorporated with the housing. Mixed-use neighborhoods make it easier for people to accomplish several tasks, which reduces the number of car trips, overall parking needs, and our carbon imprint.

The legislature finds that the creation of the Hawaii community [~~development~~] planning authority, the establishment of community development districts[,] and transit-oriented development zones, facilitation of commercial and residential development on land adjacent to public transportation facilities, and the issuance of bonds pursuant to this chapter to finance public facilities serve the public interest and are matters of statewide concern."

SECTION 3. Section 206E-2, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

""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.

"Development 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 transit-oriented development zone; and any and all undertakings necessary for any of the foregoing. "Development project" shall not include any of the foregoing activities with respect to any residential or commercial project not located wholly within a transit-oriented development zone.

"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.

"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."

SECTION 4. Section 206E-4, Hawaii Revised Statutes, is amended to read as follows:

"§206E-4 Powers; generally. Except as otherwise limited by this chapter, the authority may:

(1) Sue and be sued;

(2) Have a seal and alter the same at pleasure;

(3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(4) Make and alter bylaws for its organization and internal management;

(5) Make rules with respect to its projects, operations, properties, and facilities, which rules shall be in conformance with chapter 91;

(6) Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(7) Prepare or cause to be prepared a community development plan for all designated community development districts[,] and transit-oriented development zones;

(8) Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;

(9) Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements;

(10) By itself, or in partnership with qualified persons, acquire, reacquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project, and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; and repurchase or otherwise acquire any project which the authority has theretofore sold or otherwise conveyed, transferred, or disposed of;

(11) Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a project;

(12) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on such terms and conditions as it deems advisable;

(13) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;

(14) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(15) Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;

(16) Contract for and accept gifts or grants in any form from any public agency or from any other source;

(17) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter;

(18) Allow satisfaction of any affordable housing requirements imposed by the authority upon any proposed development project through the construction of reserved housing, as defined in section 206E-101, by a person on land located outside the geographic boundaries of the authority's jurisdiction; provided that the authority shall not permit any person to make cash payments in lieu of providing reserved housing, except to account for any fractional unit that results after calculating the percentage requirement against residential floor space or total number of units developed. The substituted housing shall be located on the same island as the development project and shall be substantially equal in value to the required reserved housing units that were to be developed on site. The authority shall establish the following priority in the development of reserved housing:

(A) Within the community development district;

(B) Within areas immediately surrounding the community development district;

(D) In outlying areas within the same island as the development project.

The Hawaii community [~~development~~] planning authority shall adopt rules relating to the approval of reserved housing that are developed outside of a community development district. The rules shall include, but are not limited to, the establishment of guidelines to ensure compliance with the above priorities; and

(19) Assist the public land development corporation established by section 171C-3 in identifying public lands that may be suitable for development, carrying on marketing analysis to determine the best revenue-generating programs for the public lands identified, entering into public-private agreements to appropriately develop the public lands identified, and providing the leadership for the development, financing, improvement, or enhancement of the selected development opportunities; provided that no assistance shall be provided unless the authority authorizes the assistance."

SECTION 5. Section 206E-5.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The authority shall adopt community and public notice procedures pursuant to chapter 91 that shall include at a minimum:

(1) A means to effectively engage the community in which the authority is planning a development project to ensure that community concerns are received and considered by the authority;

(2) The posting of the authority's proposed plans for development of community development districts[,] and transit-oriented development zones, public hearing notices, and minutes of its proceedings on the authority's website; and

(3) Any other information that the public may find useful so that it may meaningfully participate in the authority's decision-making processes."

SECTION 6. Section 206E-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§206E-7[]] Community development rules[.] and zone development rules. The authority shall establish community development rules and zone development rules under chapter 91 on health, safety, building, planning, zoning, and land use which, upon final adoption of a community development plan[,] or zone development plan, as appropriate, shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon. Rules adopted under this section shall follow existing law, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development. The authority may, in the community development plan or zone development plan or by a community development rule[,] or zone development rule provide that lands within a community development district or transit-oriented development zone, as appropriate, shall not be developed beyond existing uses or that improvements thereon shall not be demolished or substantially reconstructed, or provide other restrictions on the use of the lands."

SECTION 7. Section 206E-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any provision of chapter 171 to the contrary notwithstanding, the governor may set aside public lands located within community development districts or transit-oriented development zones to the authority for its use."

SECTION 8. Section 206E-8.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding chapter 205A, all requests for developments within a special management area and shoreline setback variances for developments on any lands within a community development district[,] or transit-oriented development zone for which a community development plan or zone development plan has been developed and approved in accordance with section 206E-5, shall be submitted to and reviewed by the lead agency as defined in chapter 205A. In community development districts or transit-oriented development zones for which a community development plan or zone development plan, as appropriate, has not been developed and approved in accordance with section 206E-5, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a community development plan or zone development plan, as appropriate, for the district or zone takes effect."

SECTION 9. Section 206E-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§206E-10[]] Condemnation of real property. The authority upon making a finding that it is necessary to acquire any real property for its immediate or future use for the purposes of this chapter, may acquire the property by condemnation pursuant to chapter 101, including property already devoted to a public use. Such property shall not thereafter be taken for any other public use without the consent of the authority. No award of compensation shall be increased by reason of any increase in the value of real property caused by the designation of a community development district or transit-oriented development zone or plan adopted pursuant to [a] either designation, or the actual or proposed acquisition, use or disposition of any other real property by the authority."

SECTION 10. Sections 26-18, 46-102, 171-2, 206E-2, 206E-3, 206E-15, 206E-34, 206E-101, 206E-191, and 514A-14.5, Hawaii Revised Statutes, are amended by substituting the term "Hawaii community planning authority" wherever the term "Hawaii community development authority" appears, as the context requires.

SECTION 11. Sections 206E-6, 206E-16, 206E-184, and 206E‑185, Hawaii Revised Statutes, are amended by substituting the term "Hawaii community planning revolving fund" wherever the term "Hawaii community development revolving fund" appears, as the context requires.

PART II

SECTION 12. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§206E-A Designation of transit-oriented development zones; zone development plans. (a) The authority may designate an area as a transit-oriented development zone if it determines that there is need for replanning, renewal, or redevelopment of that area due to its future potential as a high density population area. The designation shall describe the boundaries of the zone, which the land use commission shall classify or reclassify as an urban district under section 205-2. The designations may include but not be limited to areas within a one-half mile radius from a rail transit station or bus transit center or the area between the two rail transit stations located nearest to the Honolulu International Airport.

(b) After the designation of a transit-oriented development zone, the authority shall develop a zone development plan for the designated zone. The plan shall include but not be limited to community development guidance policies, zone improvement programs, and community development rules.

(c) The authority may enter into cooperative agreements with qualified persons or public agencies, where the powers, services, and capabilities of such persons or agencies are deemed necessary and appropriate for the development of the zone development plan.

(d) Whenever possible, planning activities of the authority shall be coordinated with federal, state, and county plans. Consideration shall be given to state goals and policies, adopted state plan or land use guidance policies, county general plans, development plans, and ordinances.

(e) The authority shall hold a public hearing on a proposed zone development plan pursuant to chapter 91 and, after consideration of comments received and appropriate revision, shall submit the zone development plan to the governor for the governor's approval.

After approval, the governor shall submit to the legislature requests for appropriations, authorization to issue bonds, or both, to implement the zone development plan in an orderly, affordable, and feasible manner. The governor shall submit the requests to the legislature as part of the executive budget or supplemental budget, as appropriate. In addition to the information, data, and materials required under chapter 37, the requests shall be accompanied by:

(1) Plans, maps, narrative descriptions, and other appropriate materials on the:

(A) Locations and design of projects or public facilities proposed to be funded; and

(B) Phase of the zone development plans proposed to be implemented with the requested funds; and

(2) Other information deemed by the governor of significance to the legislature regarding the projects or public facilities proposed to be funded, including a discussion of the public benefits intended by, and adverse effects which may result from, implementation of the projects or public facilities.

(f) The authority may amend the zone development plan as may be necessary. Amendments shall be made in accordance with chapter 91.

§206E-B Application by developer; review. (a) A

qualified developer may submit to the planning agency an application for approval of a commercial or residential development project within a transit-oriented development zone. 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 approving, approving with modification, or disapproving an application.

(b) If the planning agency disapproves an application, the developer may appeal to the legislative body. The legislative body shall have forty-five days from the date the qualified developer submits the application to the planning agency to disapprove an application by a resolution. If on the forty-sixth day the application is not disapproved by a resolution, it shall be deemed approved by the legislative body; provided that no application shall be deemed approved if the development 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.

(c) If an application is approved or approved with modifications, the planning agency or the legislative body, whichever makes the action, shall make a written finding that the development project, with modifications if approved as such, is consistent with the purpose and intent of zone development plans pursuant to section 206E-A and meets minimum requirements of health and safety.

§206E-C Approval of final plans and project specifications. (a) No work on a development project shall commence unless the developer submits final plans and project specifications to the legislative body. The legislative body shall have fifteen days from the date the qualified developer submits final plans and project specifications to the legislative body to disapprove the final plans and project specifications by a resolution. If on the sixteenth day the final plans and project specifications are not disapproved by a resolution, they shall be deemed approved by the legislative body.

(b) For purposes of sections 501-85 and 502-17, the qualified developer or responsible county official may certify maps and plans of lands connected with the development 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.

§206E-D Exemption from statutes, ordinances, charter provisions, and rules. Development projects approved pursuant to section 206E-B shall be exempt from all statutes, ordinances, charter provisions, and rules of any state or county government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units; provided that the final plans and specifications for a development project, as approved or modified by the legislative body, shall constitute the zoning, building, construction, and subdivision standards for that project; provided further that, upon the adoption by any county of a form-based zoning code, the exemptions previously available under this section shall no longer apply, and the provisions of the form-based zoning code shall apply.

§206E-E Indemnity. No action shall be prosecuted or maintained against the authority, 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.

§206E-F Use of unlicensed contractor or subcontractor; penalty. (a) No unlicensed contractor or subcontractor shall work on any development 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.

§206E-G Adoption of rules. A planning agency may adopt rules pursuant to chapter 91 that are necessary to effectuate the purposes of this section."

SECTION 13. Section 46-142, Hawaii Revised Statutes, is amended to read as follows:

"§46-142 Authority to impose impact fees; enactment of ordinances required[.]; exemption. (a) Impact fees may be assessed, imposed, levied, and collected by:

(1) Any county for any development, or portion thereof, not involving water supply or service; or

(2) Any board for any development, or portion thereof, involving water supply or service;

provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection of the fees within their respective jurisdictions.

(b) Except for any ordinance governing impact fees enacted before July 1, 1993, impact fees may be imposed only for those types of public facility capital improvements specifically identified in a county comprehensive plan or a facility needs assessment study. The plan or study shall specify the service standards for each type of facility subject to an impact fee; provided that the standards shall apply equally to existing and new public facilities.

(c) The Hawaii community planning authority may grant an exemption from this part if it so finds that there is sufficient justification by rules established pursuant to section 206E-4."

PART III

SECTION 14. In codifying the new sections added by section 12 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 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Hawaii Community Development Authority; Community Development; Urban Planning

Description:

Changes the Hawaii community development authority to the Hawaii community planning authority. Allows the authority to designate transit-oriented development zones. Allows the authority to waive impact fees. Creates a process for developers to apply for residential and commercial development projects in transit-oriented development zones.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.