HAR §15-22-203. Applicability

(a) Except as specifically provided in this section, all rules of this chapter applicable to development within the area encompassed by the master plan shall be those rules in effect at the time of master plan approval, notwithstanding any subsequent amendment of said rules. Such subsequent amendment shall be UNOFFICIAL COMPILATION June 2005 22-122 void as applied to development of property within the master planned area to the extent that it changes any rule which the authority has agreed at the time of master plan approval to maintain in force for a specified period of time. A master plan approval, however, shall not absolve the landowner or developer from complying with rules of general applicability enacted subsequent to the date of the master plan approval if said rules clarify or provide specificity to the rules which the authority has agreed to maintain in force at the time of master plan approval, or relate to aspects of development not previously dealt with, and could have been lawfully applied to development within the master planned area at the time of master plan approval. (b) As part of a master plan approval, the authority may grant exceptions to the applicable rules set forth in subsection (a) above. Said exceptions shall be applicable to any development permit processed within the effective date of the master plan approval, and shall be limited to the following: (1) The floor area of land uses, including reserved housing units, required by the base zone or planned development provisions of this chapter may be transferred from one development lot to one or more development lots within the master planned area, provided that: (A) The development lots are under the same ownership; (B) The maximum floor area ratio (FAR) for any lot to which floor area has been transferred shall not be increased by more than twenty- five per cent of the FAR otherwise allowed for the size of the development lot; (C) Development on any lot involved in the transfer shall not exceed its maximum allowable tower footprint and height; (D) The FAR remaining on a development lot from which floor area has been transferred shall not be less than 1.5, unless the development lot is developed in conjunction with development on the lot to which the floor area has been transferred; (E) Development on the development lot to which reserved housing units are transferred shall commence within two years after the development is completed on the development lot from which the reserved housing units were transferred, unless the first UNOFFICIAL COMPILATION June 2005 22-123 development project on any of the development lots involved in the transfer contains fifty per cent of the reserved housing units required for development of all lots involved in the transfer, provided the allocation of unit types for the reserved housing units shall constitute a proportionate representation of all the nonreserved unit types to be provided with regard to factors of square footage and number of bedrooms; (F) The authority shall obtain written assurance from the landowner that the requirements of this section will be satisfied and such assurance shall be binding upon the landowner and the landowner's heirs or successors in interest and shall be filed as a covenant running with the land in the bureau of conveyances or in the office of the assistant registrar of the land court; and (G) Failure to satisfy the requirements of this subsection shall be cause for denial of any development permit for the lots involved in the transfer. (c) In granting any of the exceptions provided in this section, the authority may impose standards and conditions in addition to or in place of the standards and conditions specified in this section as it finds are reasonable and necessary to carry out the purpose and requirements of this chapter and the mauka area plan. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 11/25/96] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-7, 206E-33) §15-22-204 Application requirements. (a) Any landowner may file an application for master plan approval with the authority. (b) An application for master plan approval shall include sufficient information to clearly indicate the pattern and implications of development within the master planned area. The application shall include, but not be limited to, the following: (1) A plan drawn to scale showing: (A) Boundaries of the master planned area with property lines, dimensions and area; (B) Proposed locations and uses of all structures and open areas, the maximum density or intensity of uses, the bulk and height of all UNOFFICIAL COMPILATION June 2005 22-124 structures and their relationship to each other and to adjacent areas, the maximum gross floor areas of buildings by types of uses, the maximum ground coverage of all buildings, the maximum FAR by blocks; and the relationship of buildings to required yard and view corridor setbacks; (C) The proposed location and maximum number of residential units including reserved housing units; (D) Traffic circulation, including existing roads proposed for closure and proposed changes to roadway alignments, if any; (E) Pedestrian circulation system, at grade and grade separated, including proposed arcades, through-block arcades, and plazas, if any; (F) The locations of proposed parking areas, with estimates of the number of parking spaces; (G) The location and amount of land proposed to be dedicated for public facilities, or the arrangements for cash in lieu thereof; (H) The location or type of land and facilities in private ownership which are proposed for quasi-public use; and (I) The location and minimum amount of proposed open space and recreation areas. (2) A three-dimensional study model of the master plan to show how the area would look if it is fully redeveloped as proposed; (3) A report describing: (A) Master plan purpose, objectives, strategies, and major concepts; (B) Conditions adjacent to master plan boundaries, including current and projected uses, facilities, structures, and other conditions pertinent to contextual site analysis or concept development; (C) The uses proposed to be located within the master planned area by blocks, the maximum total floor area and ground coverage of proposed buildings, maximum building heights and density, and the maximum amount of reserved housing units proposed; (D) The projected benefits, both public and private, to be derived from implementation of the master plan; UNOFFICIAL COMPILATION June 2005 22-125 (E) The manner in which development under the master plan conforms to the mauka area plan and the purposes and standards of this chapter; (F) The areas for which variances or amendments to the mauka area plan may be necessary; (G) The manner in which the public facility dedication requirements of this chapter will be fulfilled during the effective period of the master plan approval; (H) Any exception of the applicable rules of this chapter as provided under §15-22-203(b) of this subchapter that will remain applicable to developments during the effective period of the master plan approval; (I) The public benefits to be provided by the landowner or developer in return for the vesting of development requirements for a specific period, and the terms for delivery of such public benefits; (J) The manner in which the master plan will be implemented, including the responsibilities of the authority and the landowner, and the proposed phasing of development; (K) Urban design guidelines or controls; (L) Proposed instruments to ensure appropriate development character, quality, or usage. Such instruments may include restrictive covenants, lease conditions, or other devices; and (4) Any other information or commitments consistent with this chapter that the authority deems necessary to make a decision on the application. (c) The completed application shall be filed with the authority. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 3/27/97] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-7, 206E-33)