Bill Text: HI SB463 | 2024 | Regular Session | Amended
Bill Title: Relating To Property Development.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB463 Detail]
Download: Hawaii-2024-SB463-Amended.html
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THE SENATE |
S.B. NO. |
463 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROPERTY DEVELOPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§46- Subdivisions; conditions of approval;
erection of mailboxes. (a) No later than June 30, 2024, each county
shall adopt ordinances that require the subdivider or developer to perform the
requirements in subsection (b) as a condition to the county's approval of any
subdivision that has not been approved before July 1, 2024.
(b) Before the sale or lease of any lot, parcel,
structure, or unit of a structure located within the subdivision, the
subdivider or developer making the sale or lease shall:
(1) Obtain the
county's approval of:
(A) The
street name for the street on which the lot, parcel, or structure
is located, if one has not been assigned already; and
(B) The
street address for the lot, parcel, structure, or unit of the structure, as
applicable; and
(2) Erect and install within a
reasonable distance from the lot, parcel, structure, or unit, as applicable, a
mailbox assigned thereto for use by the United States Postal Service to deliver
mail, should the United States Postal Service decide to extend its delivery
service to the subdivision.
(c) As used in this section:
"Approval"
means the final approval granted to a proposed subdivision where the actual
division of land into smaller parcels is sought; provided that where
construction of a building or buildings is proposed without further subdividing
an existing parcel of land, the term "approval" shall refer to the
issuance of the building permit.
"Mail"
means any postcard, letter, flat, parcel, or any other sealed article that has
been properly addressed, postage prepaid, and deposited with the United States
Postal Service as evidenced by the postmark, for processing and delivery.
"Mailbox"
means any receptacle for mail that is erected and installed in conformance with
the standards set by the United States Postmaster General and approved by the
local postmaster. "Mailbox"
includes cluster box units.
"Street
address" means an address that is unique to a lot, parcel, structure,
or unit of a structure, that is comprised of a street name
and number, unit number if applicable, city, state, and postal code.
"Subdivider"
means any person who divides land as specified under the definition of
subdivision or who constructs a building or group of buildings containing or
divided into three or more dwelling units or lodging units.
"Subdivision"
means the division of improved or unimproved land into two or more lots,
parcels, sites, or other divisions of land and for the purpose, whether
immediate or future, of sale, lease, rental, transfer of title to, or interest
in, any or all lots, parcels, sites, or division of land. "Subdivision" includes
resubdivision, and when appropriate to the context, shall relate to the land
subdivided. "Subdivision" also
includes a building or group of buildings, other than a hotel, containing or
divided into three or more dwelling units or lodging units."
SECTION 3. Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§508D- Disclosure;
United States Postal Service deliverable mailboxes. Prior to the sale of residential real property, the property owner shall
make a good faith declaration as to the existence, or lack thereof, of a United
States Postal Service deliverable mailbox for the property being sold."
SECTION 4. Section 514B-33, Hawaii Revised Statutes, is amended to read as follows:
"§514B-33 Condominium map. (a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following:
(1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road;
(2) Elevations and floor plans of all buildings in the condominium property regime;
(3) The layout, location, boundaries, unit
numbers, and dimensions of the units[;] in the condominium property
regime;
(4) To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime;
(5) Unless specifically described in the
declaration, the layout, location, and numbers or other identifying information
of the limited common elements, if any; [and]
(6) A description in sufficient detail, as
may be determined by the commission, to identify any land area that constitutes
a limited common element[.]; and
(7) For any condominium map
recorded after June 30, 2024, a mailbox plan for the condominium property
regime, showing the location of all mailboxes for all units in the condominium
property regime.
(b) The condominium map may contain any additional information that is not inconsistent with this chapter.
(c) As used in this section:
"Mail"
means any postcard, letter, flat, parcel, or any other sealed article that has
been properly addressed, postage prepaid, and deposited with the United States
Postal Service as evidenced by the postmark, for processing and delivery.
"Mailbox"
means any receptacle for mail that is erected and installed in conformance to
the standards set by the United States Postmaster General and approved by the
local postmaster. "Mailbox" includes
cluster box units."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Subdivisions; Approval Conditions; County Ordinance; Condominium Property Regimes; Condominium Maps; Street Addresses; Mailboxes
Description:
Requires each county to adopt, no later than June 30, 2024, ordinances applicable to subdivisions not approved by July 1, 2024, requiring as a condition of approval, the subdivider or developer to obtain a street address and install a mailbox for lots, parcels, structures, or units of a structure within the subdivision before the sale or lease thereof. Requires condominium maps recorded in the Bureau of Conveyances or registered in the Land Court after June 30, 2024, to include a mailbox plan for the condominium property regime, showing the location of all mailboxes for all units in the regime. Defines approval, mail, mailbox, street address, subdivider, and subdivision. Requires, prior to the sale of residential real property, the disclosure as to the existence of a United States Postal Service deliverable mailbox for the property. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
