§201H-38  Housing development; exemption
from statutes, ordinances, charter provisions, and rules.  (a)  The
corporation 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, 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 thereon; provided that:



(1)  The corporation finds the housing project is
consistent with the purpose and intent of this chapter, and meets minimum
requirements of health and safety;



(2)  The development of the proposed housing 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;



(3)  The legislative body of the county in which the
housing project is to be situated shall have approved the project with or
without modifications:



(A)  The legislative body shall approve,
approve with modification, or disapprove the project by resolution within
forty-five days after the corporation has submitted the preliminary plans and
specifications for the project to the legislative body.  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 legislative body 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 executive
director of the corporation or the 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



(4)  The land use commission shall approve, approve
with modification, or disapprove a boundary change within forty-five days after
the corporation has submitted a petition to the commission 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 the purposes of this section,
"government assistance program" means a housing program qualified by
the corporation and administered or operated by the corporation or the United
States 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:  Is
Affordable Housing Possible in Hawaii?  10 HBJ No. 13, at pg. 37.