HAR §15-22-9

HAR §15-22-9. Methods of development

Last amended: 1986Length: 601 wordsOfficial source

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 UNOFFICIAL COMPILATION June 2005 22-13 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] UNOFFICIAL COMPILATION June 2005 22-14