HAR §15-307-28. Processing of proposal

(a) The administrator shall, upon receipt of an application or project proposal or both, time stamp the same as received and review the application for completeness and compliance with applicable rules under this subchapter. An incomplete application shall be returned to the applicant. The administrator shall, upon certifying that the application or project proposal is complete and is in compliance with sections 15-307-23, 15-307-24, and 15-307-26 of this subchapter, inform both the applicant and the board that a recommendation of approval or disapproval should be made within ninety days. The administrator shall invite comments from appropriate agencies in the review of the proposal for appropriateness, technical compliance, and feasibility. 307-26 §15-307-29 (b) After review of the proposal for appropriateness, technical compliance and feasibility, the administrator may submit the proposal with a recommendation for approval, contingent approval, or disapproval to the board. Any proposal forwarded to the board by the administrator may be rejected, accepted, deferred, or re-referred to the administrator for further review and recommendation. [Eff 12/04/10; comp 4/28/17; comp JAN 15 ?O?? J (Auth: HRS §§201H-4, 201H-33) (Imp: HRS §2D~H-33) §15-307-29 Agreement with eligible developer or contractor; form of agreement. (a) The administrator, upon approval by the board, may enter into an agreement with an eligible developer or contractor, to develop a housing project; provided that the plans and specifications of the housing project provide for the rental of units to eligible tenants or the sale of units in fee simple or in leasehold either to the corporation or to the purchaser. In the case of for-sale projects, the sale of the units shall be subject to all of the provisions in sections 201H-47, 201H-49, and 201H-50, HRS, including the shared appreciation equity program, except for units which are to be sold at market prices. (b) The agreement shall be subject to modification, and shall include, but not be limited to the following applicable terms, conditions, and covenants: (1) Purpose of the agreement, which shall include the development of lower cost housing; (2) A description of the role and responsibility of the corporation, the eligible developer or contractor, and other parties to the agreement, including the manner of compensating each party and the amount of profit for work performed; (3) Project concept and cost; (4) Time required to complete the project; 307-27 §15-307-29 (5) Delivery of dwelling units; (6) Sales prices or rents of dwelling units; (7) Construction agreements (when one of the parties is a contractor); (8) Insurance and bonding or surety requirements; (9) Inspection requirements and procedures; (10) Manner in which progress payments will be made; and (11) Such standard clauses that the corporation determines to be required, including, but not limited to, the following: (A) Indemnity; (B) Severability; (C) Termination; and (D) Assignability. [Eff 12/04/16; comp 4/28/17; comp JAN 15 2022 ] (Auth: HRS §§201H-4, 201H-33) (Imp: HRS §§201H-33, 201H-38) §15-307-30 State land use district boundary amendments. Upon receipt of any project proposal from an eligible developer that requires a state land use district boundary amendment by the state land use commission, the corporation may, concurrently with its review of the application and the project proposal, petition the state land use commission for a state land use district boundary amendment as provided in chapter 205, HRS. [Eff 12/04/10; comp 4/28/17; comp JAN 1 5 2022 ] (Auth: HRS §201H-4) (Imp: HRS §201H-38) §15-307-31 Other uses within housing project development. The corporation may designate portions of the land for commercial, industrial, and other uses. In the designation of such commercial, industrial, and other uses, the corporation shall consider the extent to which the proposed uses and the development thereof: 307-28 §15-307-52 (1) Conform to the objectives and policies of the Hawaii state plan; (2) Provide employment opportunities for the community; (3) Provide necessary and convenient amenities to the residents within the development; (4) Impact upon the suitability of the dwelling units within the development in the proximity of the proposed uses; and (5) Affect the economic feasibility of the development. [Eff 12/04/10; am and comp 4/28 /17; comp JAN 1 5 2022 ] (Auth: HRS §§201H-4, 201H-33, 201H-44) (Imp: HRS §201H-44, Act 131, SLH 2016) SUBCHAPTER 3 INDEPENDENT DEVELOPMENT OF PROJECTS