HAR §15-22-73. Dedication of public facilities

(a) This section shall apply to any development within the mauka area that increases an existing development's floor area by more than twenty-five per cent as compared to the development's floor area existing on February 27, 1982 or at the time of application for a development permit, excluding proposed demolitions, whichever is less. (b) As a condition precedent to the issuance of a planned development or base zone development permit, the developer shall dedicate land for public facilities for the joint use by the occupants and employees of the development as well as by the public. The dedication of land for public facilities shall be subject to the maximum ceiling in land or money in lieu thereof calculated in accordance with the formula designated in subsections (d) to (f) herein. In lieu of dedicating land, the executive director, in the case of base zone developments, or the authority, in the case of planned developments, may permit a developer to pay a fee equal to the value of land which would otherwise have had to be dedicated, or combine the payment of fee with land to be dedicated. The total value of such combination shall be not UNOFFICIAL COMPILATION June 2005 22-63 less than the value of land which would otherwise have had to be dedicated. (c) This section shall not apply to any development undertaken by an eleemosynary organization, to any development for public uses and structures or for a public improvement or any public project, or detached dwellings and duplex units in the area designated as MUZ-RA. (d) The amount of land area required to be dedicated for public facilities shall be equal to: (1) Three per cent of the total commercial and community service floor area of the development to be constructed exclusive of nursing facilities, assisted living administration, and ancillary assisted living amenities that qualify for FAR bonus under sections 15-22-61 and 15-22-116; and (2) Four per cent of the total residential floor area of the development to be constructed exclusive of floor area devoted to reserved housing units and their associated common areas in proportion with the floor area of other uses. (e) If it is determined that dedicating land is not in the best interest of the public, the developer shall pay instead a fee in a sum equal to the fair market value of the land area otherwise required under subsection (d). The fee shall be payable prior to the issuance of the initial certificate of occupancy and secured by the applicant with a financial guaranty bond from a surety company authorized to do business in Hawaii, an acceptable construction set-aside letter, and/or other acceptable means prior to the issuance of the initial building permit. (f) If the area of land approved for dedication is less than the land area required under subsection (d), the developer shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area dedicated and the land area required under subsection (d) above. (g) Payment of fees shall be made to the authority for deposit in a revolving fund to be created and established by the authority. The authority may expend the moneys in such fund for the purchase, creation, expansion, or improvement of public facilities within the district. The authority may transfer any portion of those funds to the city for public facilities purposes within the mauka area. (h) Valuation of land when fees are to be paid shall be determined as follows: (1) Valuation shall be based upon the fair market value of the land prior to its development. UNOFFICIAL COMPILATION June 2005 22-64 (2) In the event that a fair market value cannot be agreed on, the value shall be fixed and established by majority vote of three land appraisers; one shall be appointed by the developer, one appointed by the executive director in the case of base zone development or the authority in the case of planned development, and the third appointed by the first two appraisers. All appraisers shall have had a minimum of five years of training and experience in real estate appraisal work. The developer shall be responsible for one-half of the appraisal fees and costs. (i) As part of the permit review and approval process of the development, the developer shall file with the authority the necessary deeds of conveyance, free and clear of all encumbrances. (j) Nothing contained in this subchapter shall preclude the creation of any improvement district for public facilities, or the imposition of assessments against properties specially benefited within the district. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 3/27/97, am 8/1/97] (Auth: HRS §§206E-7, 206E-12) (Imp: HRS §§206E-7, 206E-12) Historical note: §15-22-73 is based substantially upon §15-17-136. [Eff 2/27/82; am 1/21/83; R 9/8/86] §15-22-74 Prohibition of structures within a mapped street. (a) As used in this section, "mapped street" means a highway, road or street designated in the mauka area plan as an existing or future road, street, or highway right-of-way. (b) No building or structure shall be erected within the area of any mapped street or its required setback area, except upper-level pedestrianways approved by the authority and awnings which may be allowed to project from nonconforming structures over public property pursuant to section 15-22-15 of this chapter. (c) Except as provided in subsection (b) above, if the executive director finds that a building or structure proposed to be erected will be within the boundaries of any mapped street, the planned development or base zone development permit shall be denied and the owner or applicant for the permit shall be notified of the reason for the denial. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, UNOFFICIAL COMPILATION June 2005 22-65 am 3/27/97, am 1/13/00] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-74 is based substantially upon §15-17-138. [Eff 2/27/82; am 1/21/83; R 9/8/86] §15-22-75 Development of properties abutting the Hawaii capital district. (a) Any property within the mauka area which abuts the Hawaii capital district shall be designed to be compatible with the sites and structures within the Hawaii capital district. (b) Any provision of law to the contrary notwithstanding, all developments within the mauka area which abut the boundaries of the Hawaii capital district shall be subject to design review by the executive director, in the case of base zone developments, or the authority in the case of planned developments. The design review shall include: (1) Review of appropriate open space location and building orientation; (2) Review of appropriate setback requirements; and (3) Review of architectural facades for any proposed buildings and structures. (c) The executive director or authority may impose reasonable conditions to any development. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-75 is based substantially upon §15-17-142. [Eff 2/27/82; R 9/8/86] §15-22-76 Utilities required to be underground. (a) Public utility companies shall place utility lines underground within the mauka area. (b) The requirement in subsection (a) shall not apply to the following types of utility lines and related facilities if the executive director determines that said requirement would create undue hardship. (1) Poles used exclusively for police and fire alarm boxes, traffic control facilities, street lighting, or similar equipment belonging to or operated by either the State or city and county of Honolulu; (2) Overhead lines attached to the exterior surface of a building by means of a bracket or other fixture UNOFFICIAL COMPILATION June 2005 22-66 and extending from one location of the building to another location on the same building or to an adjacent building without crossing any street or alley; (3) Electric distribution or transmission system in excess of forty-six kilovolts; (4) Electric distribution transformers and related switching and protective equipment mounted on pads of metal poles without crossarm; (5) Electric distribution circuits of the twelve kilovolt class supported by metal poles without crossarm; and (6) Communication distribution terminals and television cable apparatuses mounted on pads or above-ground pedestals. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-76 is based substantially upon §15-17-140. [Eff 2/27/82; R 9/8/86] §15-22-77 Performance standards. (a) No building wall shall contain a reflective surface for more than thirty percent of that wall's surface area. (b) Every use shall be so operated that it does not emit an obnoxious or dangerous degree of odor or fumes. (c) Any provision in this chapter to the contrary notwithstanding, the rules of the state department of health shall continue to apply to all activities and properties within the mauka area. These rules shall include, but not be limited to, department of health, chapter 11-43 relating to community noise control for Oahu, chapter 11-11 relating to sanitation, chapter 11-12 relating to housing, chapter 11-34 relating to poisons, chapter 11-39 relating to air conditioning and ventilation, chapter 11-42 relating to vehicular noise control, chapter 11-55 relating to water pollution, chapter 11-57 relating to sewage treatment - private wastewater treatment works, chapter 11-58 relating to solid waste management control, chapter 11-59 relating to ambient air quality standards, and chapter 11-60 relating to air pollution. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 1/13/00] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) UNOFFICIAL COMPILATION June 2005 22-67 Historical note: §15-22-77 is based substantially upon §§15-17-116, 15-17-123, 15-17-124, and 15-17-127. [Eff 2/27/82; R 9/8/86]