Haw. Code R. § 15-22-81 - Transfer of uses

(a) Land uses and reserved housing units required by the mixed-use zone or planned development provisions of this chapter may be transferred from one development lot to one or more adjoining development lots within the mauka area provided that:

(1) The development lots are under the same ownership;

(2) The development lot to which the land use or reserved housing units are transferred shall not exceed its total allowable FAR with the transferred land use and reserved housing units included;

(3) The transferred use shall be permitted within the land use zone to which it is transferred;

(4) Construction shall commence on the development lot to which the land use or reserved housing units are transferred within two years after the development is completed on the development lot from which the use or reserved housing units were transferred, provided that the executive director or authority may grant extensions if the developer can demonstrate that the objectives of this chapter will be satisfied without commencing construction within two years;

(5) The transferred floor area or reserved housing units shall be provided on the development lots involved in the transfer until such time that all the developments are demolished; and

(6) Development of the development lot to which the land use or reserved housing units are transferred, except alterations to nonconforming structures and conditional use of vacant land, shall provide the total floor area of the transferred use or reserved housing units.

(b) The authority shall obtain written assurance from the landowner that the requirements of this section will be satisfied and such assurance shall be binding upon the landowner and the landowner's heirs or successors in interest and shall be filed as a covenant running with the land in the bureau of conveyances or in the office of the assistant registrar of the land court.

(c) Failure to satisfy the requirements of this section shall be cause for denial of any development permit for the lots involved in the transfer.

(d) The authority, in the case of planned developments, or the executive director, in the case of base zone developments, may approve the transfer of land uses and reserved housing units between a site designated as a public facility site and any appropriate site in the mauka area, provided that the requirements of subsection (a), paragraphs (a)(1), (a)(2) and (a)(3) of this section are satisfied and the landowner provides written assurance that said requirements are satisfied and such assurance shall be binding upon the landowner and the landowner's heirs or successors in interest and shall be filed as a covenant running with the land in the bureau of conveyances or in the office of the assistant registrar of the land court. A public facility site as used in this subsection is shown as a "P" or "PUBLIC" site on the Land Use Plan or a "Park/Parking Garage" site in the Open Space and Recreation Plan, of the mauka area plan.

Notes

Haw. Code R. § 15-22-81

[Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 6/13/05] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)
15-22-81 is based substantially upon § 15-17-147 [Eff 2/27/82; R 9/8/86] and § 15-17-213 [Eff 10/10/83; R 9/8/86]