HAR §15-23-86. Conditions

The authority or executive director, as the case may be, may attach to a development permit conditions which may concern any matter subject to regulation under this chapter, including, but not limited to, the following: (1) Minimizing any adverse impact of the development on other land, including the hours of use and operation and the type and intensity of activities which may be conducted; (2) Controlling the sequence of development, including when it must be commenced and completed; (3) Controlling the duration of use of development and the time within which any structures must be removed; (4) Assuring that development, including all street furniture located in yards and bus stop shelters, is maintained properly in the future; (5) Designating the exact location and nature of development; (6) Establishing more detailed records by submission of drawings, maps, plats or specifications; (7) Requiring provision by the developer of streets, other rights-of-way, pedestrianways, bikeways, utilities, parks, and other open space, all of a quality and quantity reasonably necessary for the proposed development; (8) Requiring the connection of such development to existing public service systems; (9) Requiring the applicant to demonstrate financial, organizational, and legal capacity to undertake the development that is proposed, and to offer written assurance of compliance with any representations made §15-23-87 23-73 by it as part of the application for the development permit and any conditions attached to the permit; (10) Requiring the applicant to submit periodic reports showing what progress has been made in complying with any of the conditions imposed; (11) Requiring the applicant to indicate the method of relocation of tenants and businesses; and (12) Requiring the applicant to indicate the method of handling safety and security concerns, including the lighting of building interiors, grounds, landscaping, parking areas, and exterior common areas. [Eff 10/10/98; comp 2/2/02; comp 12/9/02; comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-23-87 Requirement of providing reserved housing units. (a) Every applicant for a development containing multi-family dwelling units on a development lot of at least 20,000 square feet shall provide at least twenty per cent of the total number of dwelling units in the development for sale or rental to qualified persons as determined by the authority. (b) The units, hereinafter referred to as "reserved housing units", shall be sold or rented to persons qualifying under the terms and conditions set forth under subchapter 7 of chapter 15-22. The applicant shall execute agreements as are appropriate to complement this requirement, and the agreements shall be binding upon the applicant and the applicant's successors in interest, and shall run with the land. The agreement shall provide that the applicant must provide certification to the authority as to the compliance of the requirements herein. (c) The reserved housing requirements shall be satisfied in accordance with section 15-22-115. §15-23-87 23-74 (d) No building permit shall be issued for any development until the authority has certified that the development complies with the requirements of this section. The authority may require guarantees, may enter into recorded agreements with developers and with purchasers and tenants of the reserved housing units, and may take other appropriate steps necessary to assure that these housing units are provided and that they are continuously occupied by qualified persons. When this has been assured to the satisfaction of the authority and it has determined that the proposed development meets the requirements and standards of this section, the authority shall certify the application approved as to the housing requirements of this section. [Eff and comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)