Haw. Code R. § 15-217-84 - Floor area ratio transfer

(a) Purpose. The purpose of this section is to offer a discretionary review process for the transfer of floor area within the mauka area from a sending site to a receiving site. More specifically, the purposes are to encourage the transfer of floor area to properties with lot dimensions that allow for additional floor while complying with the building envelope requirements set forth in Figures BT.1 to BT.10, dated September 2011, made a part of this chapter, and attached at the end of this chapter, and building height requirements set forth in Figures NZ.1 to NZ.7, dated September 2011, made a part of this chapter, and attached at the end of this chapter.

(b) Generally. The proposed creation and redemption of floor area ratio transfers will take place 'solely on a voluntary basis between consenting parties. Landowners are not required to create or convey floor area ratio transfers. However, floor area ratio transfers must be created, conveyed, or redeemed in accordance with this section to be recognized by the authority.

(c) Land not eligible. Floor area ratio transfers shall not involve an existing public park or open space.

(d) Mandatory conjoined application. All requests to create, convey and redeem floor area ratio transfer credits shall be accompanied by and occur in conjunction with the following:

(1) A project agreement including any accompanying permit approval request including, but not limited to, an improvement permit, a development permit, conditional use permit, variance, and master plan permit; and

(2) A proposal to create, convey and redeem floor area ratio transfer credits shall be accompanied on forms promulgated by the executive director, and which contains the following information:

(A) Particular to sending site(s):

(i) A cover letter identifying the landowner's name, mailing address, and contact information and briefly explaining what the landowner seeks to accomplish;

(ii) A certificate of title demonstrating ownership of the proposed sending site (s) and receiving site;

(iii) A draft covenant that provides the protections and restrictions on the proposed property consistent with section 15-217-84(h);

(iv) A baseline documentation report that establishes the current condition of the proposed sending site(s) and which contains, at a minimum:

(1) general location map;

(2) a legal description and sketch of parcel boundaries; and

(3) documentation (such as maps, written summaries, and photographs) of existing conditions that relate to the proposed easement restrictions as well as the proposed rights to be retained by the landowner; and

(v) An affidavit, signed by the landowner and preparer of the submittal, attesting to the accuracy of the information contained in the baseline documentation report; and

(B) Particular to a receiving site. Plans, diagrams and supporting text which clearly identifies and illustrates the location and extent of proposed floor area transfer credit.

(e) Decision-maker. The authority shall review and act upon all applications for floor area ratio transfers to create, convey and redeem floor area ratio transfer credits after receiving a recommendation from the executive director.

(f) Findings. The authority must make the following findings of fact in order to approve an application to create, convey and redeem floor area ratio transfer credits:

(1) That the receiving site allows for additional floor area while complying with the building envelope requirements set forth in Figures BT.1 to BT.10, dated September 2011, made a part of this chapter, and attached at the end of this chapter, and building height requirements set forth in Figures NZ.1 to NZ.7, dated September 2011, made a part of this chapter, and attached at the end of this chapter; and

(2) That the creation, conveyance and redemption of floor area ratio transfer credits, as proposed or as modified by the authority, enables the subject lots to fulfill the development objectives of the mauka area plan and mauka area rules.

(g) Limitations. The creation, conveyance and redemption of floor area ratio transfer credits shall be limited by the following parameters:

(1) Floor area ratio transfer credits shall not be created or redeemed in conjunction with a variance approval to exceed any maximum building height, building footprint or reduce any setback related to Figure 1.6 (view corridors), dated September 2011, made a part of this chapter, and attached at the end of this chapter;

(2) No more than fifty per cent of the mauka area plan and mauka area rules maximum permitted floor area ratio shall be transferred from any sending site; provided, however, that contiguous lots may transfer one hundred per cent of the maximum permitted floor area ratio; and

(3) Floor area ratio transfer credits shall be created and redeemed concurrently. No floor area ratio transfer credit may be reserved for future conveyance to a sending site.

(h) Covenant running with the land required. In order to establish floor area ratio transfer credits, the sending site landowner must record a covenant running with the land over the sending site(s) consistent with this section. The covenant must meet the following criteria:

(1) The covenant shall run with the land on the sending site(s);

(2) The covenant shall restrict the floor area ratio of the sending site(s) to the ratio established by the transfer; and

(3) The covenant shall name the authority as an intended beneficiary with the right to enforce such covenant.

(i) Record keeping. The executive director will maintain a register of all floor area ratio transfer credits both created and redeemed pursuant to this section. On an annual basis, the executive director will update this register to reflect all known transfers and redemptions of floor area ratio transfer credits.

Notes

Haw. Code R. § 15-217-84

[Eff NOV 11 2011 ] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)