HAR §15-22-9
HAR §15-22-9. Methods of development
Cite as Haw. Code R. § 15-22-9
The following types
of development are permitted in each of the mixed-use zones:
(1) Base zone development: Base zone developments
shall comply with the applicable use, area, bulk,
open
space,
density,
parking,
performance
standards, and other appropriate rules as set
forth in subchapters 2 and 3, and all other
applicable rules.
(2) Planned development: Planned developments shall
comply with the provisions of subchapter 4 and all
other applicable rules. The planned development
option
permits
greater
densities
and
some
negotiation and modification of requirements. In
exchange, certain public facilities, amenities,
and reserved housing units must be provided by the
developer where applicable. [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: §15-22-9 is based substantially upon
§15-17-10. [Eff 2/27/82; R 9/8/86]
§15-22-10 Project
eligibility
review. (a) The
executive director may require, prior to receipt of any
application
for
a
base
zone
development
or
planned
development permit, a project eligibility review of the
development project to consider the project concept and its
impact
on
infrastructure
facilities
such
as
streets,
pedestrian
and
bicycle
circulation,
sanitary
sewers,
drainage and water, and to improve efficiency and avoid
unnecessary delays and expense in processing the formal
development application. No development application for
which a project eligibility review has been required shall
be considered until the project eligibility review has been
completed.
(b) To
conduct
project
eligibility
review,
the
applicant shall provide sufficient information which the
executive director may reasonably request, such as the
proposed site plan, basic massing, floor area allocation and
location of proposed uses, off-street parking and loading,
pedestrian and vehicular circulation, topography (existing
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June 2005
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and proposed), and location of existing and proposed
improvements and utilities.
(c) To the extent possible, project eligibility review
shall be completed within thirty days of the executive
director's determination to require the review.
(d) Base zone development or planned development shall
not be approved unless adequate infrastructure facilities
are or will be made available to service the proposed
development prior to occupancy. The executive director may
consult with applicable governmental agencies regarding the
adequacy of infrastructure requirements. Any base zone
development
or
planned
development
approval
may
be
conditioned with the requirement that the concerns and
requirements of appropriate governmental agencies relative
to the adequacy of infrastructure facilities for the
proposed development are satisfied.
(e) Notwithstanding the requirement for a project
eligibility
review,
potential
applicants
may
seek
preliminary review of their proposed developments with the
executive director prior to submitting an application for
base zone development or planned development permit. [Eff
9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4,
206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)
Historical note: §15-22-10 is based substantially upon
§15-17-11. [Eff 2/27/82; am 1/21/83; R 9/8/86]
§15-22-11 Requirement of base zone development and
planned development permit. (a) A building permit shall
not be issued for any development within the mauka area
until the developer has obtained from the authority either a
base zone development permit or a planned development permit
certifying that the development complies with this chapter
and the mauka area plan.
(b) An application to the authority for a base zone
development or planned development permit shall include
complete, detailed information showing that the development
complies with all of the provisions of this chapter and the
mauka area plan. The authority may determine the nature and
extent of the information required in the application. [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: §15-22-11 is based substantially upon
§15-17-12. [Eff 2/27/82; R 9/8/86]
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