§201H-38  Housing development; exemptionfrom statutes, ordinances, charter provisions, and rules.  (a)  Thecorporation may develop on behalf of the State or with an eligible developer,or may assist under a government assistance program in the development of,housing projects that shall be exempt from all statutes, ordinances, charterprovisions, 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 thereon; provided that:

(1)  The corporation finds the housing project isconsistent with the purpose and intent of this chapter, and meets minimumrequirements of health and safety;

(2)  The development of the proposed housing projectdoes not contravene any safety standards, tariffs, or rates and fees approvedby the public utilities commission for public utilities or of the variousboards of water supply authorized under chapter 54;

(3)  The legislative body of the county in which thehousing project is to be situated shall have approved the project with orwithout modifications:

(A)  The legislative body shall approve,approve with modification, or disapprove the project by resolution withinforty-five days after the corporation has submitted the preliminary plans andspecifications for the project to the legislative body.  If on the forty-sixthday a project is not disapproved, it shall be deemed approved by thelegislative body;

(B)  No action shall be prosecuted ormaintained against any county, its officials, or employees on account ofactions taken by them in reviewing, approving, modifying, or disapproving theplans and specifications; and

(C)  The final plans and specifications for theproject shall be deemed approved by the legislative body if the final plans andspecifications do not substantially deviate from the preliminary plans andspecifications.  The final plans and specifications for the project shallconstitute the zoning, building, construction, and subdivision standards forthat project.  For purposes of sections 501-85 and 502-17, the executivedirector of the corporation or the responsible county official may certify mapsand plans of lands connected with the project as having complied withapplicable laws and ordinances relating to consolidation and subdivision oflands, and the maps and plans shall be accepted for registration or recordationby the land court and registrar; and

(4)  The land use commission shall approve, approvewith modification, or disapprove a boundary change within forty-five days afterthe corporation has submitted a petition to the commission as provided insection 205-4.  If, on the forty-sixth day, the petition is not disapproved, itshall be deemed approved by the commission.

(b)  For the purposes of this section,"government assistance program" means a housing program qualified bythe corporation and administered or operated by the corporation or the UnitedStates or any of their political subdivisions, agencies, or instrumentalities,corporate or otherwise. [L 2006, c 180, pt of §3; am L 2007, c 249, §32]

 

Law Journals and Reviews

 

  The Scramble to Protect the American Dream in Paradise:  IsAffordable Housing Possible in Hawaii?  10 HBJ No. 13, at pg. 37.