HAR §15-215-3. Applicability

(a) This chapter, together with the KMP shall govern all real property within the Kalaeloa CDD. (b) No building permit shall be approved by the authority for any project within the Kalaeloa CDD unless the project conforms to the provisions of the KMP and this chapter. (c) If any provision of the (1) city and county of Honolulu land use ordinance, (2) Ewa development plan (ordinance no. 97-49, as amended by ordinance no. 00-16), or (3) naval air station Barber's Point community redevelopment plan are inconsistent with these rules, then such provisions are hereby declared to be inapplicable to lots within the Kalaeloa CDD and these rules shall govern. (d) Except as otherwise provided herein, all other rules, laws, and ordinances shall continue to remain applicable to the lots within the Kalaeloa CDD. (e) The Kalaeloa sustainability guidelines should be utilized to promote sustainability and energy efficiency. [Eff OCT 2 7 2U1~] (Auth: HRS §§206E-1, 206E-4, 206E-5, 206E-7, 206E-13, 206E-33) (Imp: HRS §§206E-l, 206E-4, 206E-5, 206E-7, 206E-13, 206E-33) §15 - 215-4 Minimum requirements. The provisions of the rules are minimum requirements for the protection and promotion of public health, safety, and welfare. Satisfaction of the minimum requirements does not mean that a decision-maker cannot impose additional requirements where authorized and appropriate and does not guarantee compliance with other rules, ordinance, or laws j mposed by other governmental entities. [Eff OCT 2 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-5 Rules of interpretation. (a) Provisions of the rules are activated by "shall" 215-4 I .I §15-215-5 when required; "should" when recommended; and "may" when optional. (b) In addition to text-only contents of the rules, section 15-215-5 (rules of interpretation) shall also control related captions, titles, and figures. (c) Terms not defined in section 15-215-8 (definition of terms) shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those found elsewhere within the authority's administrative rules, these rules shall take precedence. (d) Where in conflict, numerical metric s shall take precedence over graphic metrics. (e) Words used in the singular include the plural; words used in the plural include the singula r. (f) Words used in the present tense include the future tense; words used in the future tense include the present tense. . ,., .. , .. ' (g) Within the rul~s, 'sections are occasionally prefaced with "purpose" or "intent" statements. Each such statement is intended as an official s tatement of legislative finding or purpose. The "purpose" or "intent" statements are legislatively adopted, together with their accompanying rules text. They ar e intended as a guide to the administrator and shall be treated in the same manner as other aspects of legislative history. However, they are not binding standards. (h) In their interpretation and application, the provisions of the rules are considered minimal in nature. Whenever the provisions, standards, or requirements of the authority's rules of practice and procedure and chapter 216 (Kalaeloa reserved housing rules), are high~r or more restrictive, the latter shall control. (i) Whenever the executive director determines that the meaning or applicability of any requirement of the rules is subject to interpretation generally, or as applied to a specific case, the executive director may issue an official interpretation. The executive director may also forward any interpretation 215-5 3054 §15-215-5 of the meaning or applicability of any provision of the rules directly to the authority for a determination at a public meeting: (1) The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include but is not limited to technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the KMP; (2) All interpretations shall be: (A) Written and shall quote the provisions of the rules being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and (B) Distributed to the authority, executive director, and HCDA staff; (3) Any interpretation of the rules by the executive directo r may be appealed to the authority in compliance with section 15-215-86 (appeals); and (4) Any provision of the rules that is determined by the executive director to need refinement or revision will be corrected by amending the rules as soon as is practical. Until an amendment can occur, the executive director will maintain a complete record of all interpretations to the rules, indexed by the number of the subchapter, section or subsection that is the subject of the interpretation. (j} If there is uncertainty about the location of any transect zone boundary shown on the regulating plan, the location of the boundary shall be determined by the executive director as follows: (1) Where a transect zone boundary approximately follows a lot line, alley, or street line, the lot line, street or alley centerline 215-6 §15-215-6 shall be construed as the transect zone boundary, as applicable; (2) If a transect zone boundary divides a lot and the boundary line location is not specified by distances printed on the regulating plan, the location of the boundary will be determined by using the scale appearing on the regulating plan; and (3) Where a public thoroughfare or alley is officially vacated or abandoned, the lot that was formerly in the street or alley will be included within the transect zone of the adjoining lot on either side of the vacated or abandoned thoroughfare or alley. [Eff OCT 2 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-6 Compliance with other regulations. (a) Whenever conflicting requirements are discovered in the application of the rules, they shall be resolved as follows: (1) Kalaeloa CDD rules. If a conflict occurs between requirements within the rules, the most restrictive shall apply; (2) KMP. The provisions of the rules, when in conflict with the KMP shall take precedence; (3) Master plan. If conflicts occur between the requirements of the rules and standards adopted as part of any master plan, the requirements of the rules shall apply; (4) Federal regulations. If a conflict occurs between these rules and federal regulations, the federal regulations shall take precedence; and (5) Private agreements. The rules apply to all lots located within the Kalaeloa CDD regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private 215-7 Jo5 4 §15-215-6 agreement or restriction (e.g., conditions, covenants and restrictions). (b) The following provisions of subtitle 4, title 15, apply within the Kalaeloa CDD and may be referenced herein: (1) The authority's rules of practice and procedure; and (2) Chapter 216 (Kalaeloa re~~rved housing rules) . [Ef f OCT 2 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)