Bill Text: HI HB2069 | 2010 | Regular Session | Introduced
Bill Title: Counties; Park Dedication
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-02-01 - (H) The committee(s) recommends that the measure be deferred. [HB2069 Detail]
Download: Hawaii-2010-HB2069-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2069 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Parks and playgrounds for transient accommodations. (a) Except as provided in this section, each county may adopt ordinances to require a developer, as a condition to approval of a development of transient accommodations, to provide land in perpetuity or to dedicate land for park and playground purposes, for public use. The ordinances may prescribe the instances when land shall be provided in perpetuity or dedicated and the area, location, grade, and other state of the sites so required to be provided or dedicated. In addition thereto, the ordinances may prescribe penalties or other remedies for violation of the ordinances.
(b) In lieu of providing land in perpetuity or dedicating land, the ordinances may permit a developer pursuant to terms and conditions set forth therein to:
(1) Pay to the county a sum of money deemed adequate by the county to purchase the park land the developer would otherwise have had to provide or dedicate; or
(2) Combine the payment of money with land to be provided or dedicated, the value of the combination to be as deemed adequate by the county to purchase the total amount of land the developer would otherwise have had to provide or dedicate.
The method of determining full or partial payment shall be prescribed by the ordinances. The ordinances shall also provide that any moneys received shall be used for the purpose of providing parks and playgrounds adjacent to or in as close proximity as practicable to the transient accommodation development for the use of the park facilities by the public, including the occupants of the transient accommodations. Each county may establish by ordinance a time limit within which it must spend any park dedication fees it has collected.
(c) Pursuant to terms, conditions, and limitations specified by the ordinances, a developer shall receive credit:
(1) For privately-owned and maintained parks and playgrounds;
(2) For lands dedicated or provided for park and playground purposes prior to the effective date of the applicable ordinances.
(d) Upon the provision of land in perpetuity or the dedication of land by the developer as may be required under this section, the county may thereafter assume the cost of improvements and their maintenance or enter into a cost-sharing agreement with the developer for the improvements and future maintenance.
(e) The ordinances adopted pursuant to this section may provide, where special circumstances, conditions, and needs within the respective counties so warrant, for exemptions and exclusions as the councils of the respective counties may deem necessary or appropriate and may also prescribe the extent to and the circumstances under which the requirements therein shall or shall not be applicable to any transient accommodations development.
(f) As used in this section, the following terms shall have the following meanings unless the context indicates otherwise:
"Approval" means the issuance of the building permit.
"Developer" means a person, corporation, partnership, limited liability company, or other legal entity constructing, erecting, enlarging, altering, or engaged in the development of transient accommodations.
"Parks and playgrounds" means areas used for active or passive recreational pursuits.
"Privately owned parks and playgrounds" mean parks or playgrounds and their facilities that are not provided in perpetuity or dedicated but that are owned and maintained by or on behalf of the public pursuant to recorded restrictive covenants.
"Transient accommodations" shall have the same meaning as in section 237D-1."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Counties; Park Dedication
Description:
Authorizes counties to adopt ordinances imposing park dedication requirements on developers of transient accommodations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
