HOUSE OF REPRESENTATIVES

H.B. NO.

193

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to land use.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"205-    Extension of time for completion of district boundary amendment. If a person who has petitioned for a district boundary amendment that has been approved by the land use commission requests an extension of the time period to comply with any requirements, terms, or conditions that were imposed by the commission as part of the approval of the amendment, the commission shall extend the date or time by which the requirements, terms, or conditions must be completed for at least two years; provided that:

(1) The appropriate officer or agency identified under section 205-12 of the county in which the land is situated determines that:

(A) The petitioner has substantially commenced development of the property in accordance with the commission-imposed requirements, terms, and conditions of the district boundary amendment; or

(B) Other good cause exists to extend the date or time for completion of the commission-imposed requirements, terms, and conditions of the district boundary amendment; and

(2) The requirements, terms, and conditions of the extension shall not be more restrictive than those contained in the commission decision approving the district boundary amendment on which the extension is based.

For the purposes of paragraph (1), a determination of whether a petitioner has substantially commenced development of the property in accordance with commission-imposed requirements, terms, or conditions shall be at the sole discretion of the appropriate officer or agency identified under section 205-12 of the county in which the land is situated."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



 

Report Title:

Land Use Commission; Boundary Amendment; Time Period Extension

 

Description:

Requires the land use commission, upon request, to extend the time period for which a boundary amendment is effective for at least 2 years if the appropriate county officer or agency determines that the petitioner has substantially commenced development or if other good cause exists.

 

 

 

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