HOUSE OF REPRESENTATIVES

H.B. NO.

859

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMPLETE STREETS.

 

 

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

 


SECTION 1. The legislature finds that complete streets that are designed not only for drivers, but also for pedestrians, bicyclists, and people with disabilities, are safer and more convenient. Therefore, the Hawaii community development authority shall establish and implement community development rules regarding complete streets.

Because the development of complete streets will oftentimes involve improvements to county highways and land owned by the county adjacent to county highways, it is necessary to establish a procedure by which the affected county will be notified of the proposed improvements and given an opportunity to present its position on such improvements prior to decision-making by the Hawaii community development authority.

Accordingly, the purpose of this Act is to require the Hawaii community development authority, when considering a developer's proposal that includes improvements to county highways or county-owned adjacent lands, to:

(1) Provide the opportunity for a county that is affected by the proposal to present its position on the proposed improvements at a public hearing; and

(2) Adopt findings that conclude the proposed improvements are consistent with the county's complete streets policy and principles and current best practices, and national complete streets best practice guidelines,

prior to approving the proposed improvements.

SECTION 2. Section 206E-5.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]206E-5.6[]] Public hearing for decision making; separate hearing required. (a) When rendering a decision regarding:

(1) An amendment to any of the authority's community development rules established pursuant to chapter 91 and section 206E-7; or

(2) The acceptance of a developer's proposal to develop lands under the authority's control,

the authority shall render its decision at a public hearing separate from the hearing that the proposal under paragraph (1) or (2) was presented.

(b) The authority shall issue a public notice in accordance with section 1-28.5 and post the notice on its website; provided that the decision-making hearing shall not occur earlier than five business days after the notice is posted. Prior to rendering a decision, the authority shall provide the general public with the opportunity to testify at its decision-making hearing.

(c) The authority shall notify the president of the senate and the speaker of the house:

(1) Of any public hearing upon posting of the hearing notice; and

(2) With a report detailing the public's reaction at the public hearing, within one week after the hearing.

(d) Whenever a developer's proposal to develop lands under the authority's control includes improvements to a county highway, as defined in section 264-1, or any land owned by the county adjacent to a county highway in accordance with the complete streets rules adopted by the authority, the authority shall notify the mayor of the affected county and provide the affected county with an opportunity to present its position on the proposed improvements at the public hearing at which the proposal is presented; provided that the public hearing shall not occur earlier than twenty days after the notice is given. If the authority approves the proposed improvements to a county highway or any land owned by the county adjacent to a county highway, the authority's decision shall include findings that the proposed improvements are:

(1) Consistent with the affected county's adopted complete streets policy and principles;

(2) Consistent with national complete streets best practice guidelines; and

(3) Reflective of current best practices in the affected county.

(e) A decision issued by the authority in compliance with this section shall be final and binding on the county. The county shall permit the approved improvements to be constructed and once the improvements are constructed in accordance with the complete streets rules adopted by the authority, the county shall, without qualification, accept dedication thereof."

SECTION 3. Section 206E-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]206E-7[]] Community development rules. The authority shall establish community development rules under chapter 91 on health, safety, building, planning, zoning, [and] land use, and complete streets which, upon final adoption [of a community development plan], shall supersede all other inconsistent ordinances [and], rules, and regulations relating to the use, zoning, planning, and development of land and construction thereon. Rules adopted under this section shall follow existing law, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development. The authority may, in the community development plan or by a community development rule, provide that lands within a community development district shall not be developed beyond existing uses or that improvements thereon shall not be demolished or substantially reconstructed, or provide other restrictions on the use of the lands."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.



 

Report Title:

Hawaii Community Development Authority; Complete Streets

 

Description:

Requires the Hawaii Community Development Authority to establish complete streets rules that provide for input from a county whose highway lands are affected by a proposal that includes complete streets for community development districts. (HB859 HD2)

 

 

 

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