Bill Text: HI SB1556 | 2011 | Regular Session | Amended
Bill Title: Counties; Rail Transit Station Development
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-02-16 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB1556 Detail]
Download: Hawaii-2011-SB1556-Amended.html
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THE SENATE |
S.B. NO. |
1556 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RAIL TRANSIT STATION DEVELOPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46‑ Transit-related development; exemption from statutes, ordinances, charter provisions, and rules. (a) Residential or commercial development located within a one‑half‑mile radius from a rail train station shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units; provided that:
(1) The development project is carried out by a qualified developer as defined in subsection (b);
(2) All work on the development project is performed by contractors and subcontractors licensed pursuant to chapter 444;
(3) The county finds that the development project is consistent with the purpose and intent of the long‑range, comprehensive general plan prepared pursuant to section 46-4(a), and meets minimum requirements of health and safety;
(4) The development of the project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of the various boards of water supply authorized under chapter 54;
(5) The county council of the county in which the project is to be situated shall have approved the project with or without modifications, subject to the following conditions:
(A) The council shall approve, approve with modification, or disapprove the project by resolution within forty-five days after the developer has submitted the preliminary plans and specifications for the project to the council. If on the forty-sixth day a project is not disapproved, it shall be deemed approved by the legislative body;
(B) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving the plans and specifications; and
(C) The final plans and specifications for the project shall be deemed approved by the council if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. For purposes of sections 501-85 and 502-17, the qualified developer or responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; and
(6) The land use commission shall approve, approve with modification, or disapprove a boundary change within forty-five days after the developer has submitted a petition to the county as provided in section 205-4. If on the forty-sixth day the petition is not disapproved, it shall be deemed approved by the commission.
(b) For purposes of this section, "qualified developer" means a person, corporation, organization, partnership, association, or other legal entity licensed to do business in this State and bonded in an amount to be determined by each county council that is engaged in constructing, erecting, enlarging, or altering any structure or infrastructure or any other development activity on property owned or leased by the developer and located within a one-half-mile radius of a rail transit station.
(c) Upon the adoption by any county of a form-based zoning code, a developer engaged in development activities pursuant to this section shall adhere to all applicable requirements of the form-based zoning code."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Counties; Rail Transit Station Development
Description:
Exempts developments within a half-mile radius of rail transit stations undertaken by qualified developers from generally applicable requirements. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
