HAR §15-22-205. Determination by the authority

(a) In reaching its determination on an application for master plan approval, the authority shall consider the following: (1) The nature of the proposed master planned area and proposed developments therein in terms of size, use, density, general bulk and height of structures, setbacks, required open space and recreation areas, the location and amount of UNOFFICIAL COMPILATION June 2005 22-126 residential uses including reserved housing units, and on-site parking; (2) The relationship between structures and uses within structures, building orientation, deck level activities, and preservation of view corridors; (3) Whether the pedestrian and vehicular circulation system is so designed as to provide an efficient, safe, and convenient transportation system; (4) The appropriateness of the public benefits to be provided and the adequacy of provisions for the delivery of those public benefits; (5) The appropriateness of any proposed exception to the applicable development rules which are needed to implement the master plan; (6) The appropriateness for providing greater development flexibility for the purpose of attracting investment capital into the area and encouraging timely redevelopment and better overall planning for the area; and (7) Any other matter which the authority deems appropriate. (b) No master plan shall be approved unless the authority finds that the master plan is consistent with the provisions of the mauka area plan and this chapter in effect on the date of the master plan approval. (c) The executive director is authorized to negotiate the terms and conditions of a master plan approval with any landowner, in accordance with this subchapter, provided that any master plan or modification or amendment thereto shall require approval by the authority. (d) Prior to making a determination on a master plan, the authority shall hold a public hearing in accordance with chapter 91, HRS. After holding a public hearing, the authority shall approve the application in whole or in part, with or without conditions or modifications, or shall deny the application. Approval by the authority will result in the issuance of a master plan permit. (e) A master plan approval shall be valid for no longer than fifteen years, provided that the authority may approve extensions after the initial approval if the master plan is being implemented to the satisfaction of the authority. In no event, however, shall the effective period of the master plan exceed fifteen years. Specific projects proposed under a master plan but which do not conform with the master plan permit shall be subject to review by public hearing. The authority may impose conditions and UNOFFICIAL COMPILATION June 2005 22-127 requirements for all projects as it finds are reasonable and necessary to carry out the implementation of the master plan. (f) The public facilities dedication requirements of this chapter applicable at the time of development permit approval may be satisfied, at the election of the authority, by either of the following methods: (1) Dedication of land areas anywhere within the master planned area, provided that the total value of said land areas is equal to the total value of the land otherwise required for dedication; (2) Payment of fees in lieu of dedicating land, the sum of which shall equal the fair market value of the land area otherwise required for dedication; or (3) A combination of the foregoing, the total value of which shall not be less than the value of land otherwise required for dedication. The authority may require the developer or landowner to maintain the dedicated area until such time that notice is given by the authority to accept ownership and control of the area. The landowner or developer shall execute an agreement acceptable to the authority to cause the payment of fees or the dedication of land areas, or both, to the authority. (g) The authority may at any time, or shall upon petition by the landowner, interpret or clarify the terms and conditions of a master plan approval. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-7, 206E-33) §15-22-206 Review, termination and amendment. (a) The authority may at any time conduct a review of compliance with the terms and conditions of a master plan approval, provided that such a review shall be required upon petition by the landowner for an extension of the effective period of the master plan approval. (b) If, as a result of a review, the executive director finds and determines that the terms or conditions of approval have not or are not being met, the executive director shall, within ten days of this finding, notify the landowner in writing, setting forth the specific default and the evidence supporting the finding and determination, and provide the landowner a reasonable time period within which to correct the default. UNOFFICIAL COMPILATION June 2005 22-128 (c) If the landowner fails to cure the default within the time period given, the authority may terminate or modify the approval, or disapprove the extension request, as the case may be, provided that the executive director has first given the landowner the opportunity to rebut the finding and determination, or to consent to amend the approval to cure the default. Failure to cure the default within the time period given shall be cause for denial of any planned development permit within the master planned area. (d) A master plan, once approved, may be amended or terminated, in whole or in part, by mutual consent of the authority and landowner, or their successors in interest, provided that if the authority determines that a proposed amendment would substantially alter the terms and conditions of the approved master plan, a public hearing on the amendment shall be held prior to the authority's approval of the proposed amendment. [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-7, 206E-33) §15-22-207 to §15-22-219 (Reserved) UNOFFICIAL COMPILATION June 2005 22-129 This page is left intentionally blank. UNOFFICIAL COMPILATION June 2005 22-130 SUBCHAPTER 9 RULES REVIEW AND AMENDMENT