Bill Text: HI SB2377 | 2018 | Regular Session | Amended
Bill Title: Relating To Planned Communities.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2018-02-14 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPH. [SB2377 Detail]
Download: Hawaii-2018-SB2377-Amended.html
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THE SENATE |
S.B. NO. |
2377 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PLANNED COMMUNITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in master planned communities, sometimes developers fail to develop plots of land as originally planned. In central Oahu, a section of land in a master planned community was originally designated to be a golf course, however the developer could not complete the project due to financial constraints and the land was sold and is currently used as farm land. Many residents were confused and frustrated as there was no notification of the land being sold or the development plan being changed.
The legislature further finds that a
mandatory public hearing when changes in the master plan occur would
give the neighboring public an opportunity to be better informed of what is
happening in their community.
The purpose of this Act is to require the counties to designate an agency to inform the public and hold a hearing when lands are proposed for sale and intended to be used for a purpose other than as proposed as part of a master plan for a community.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Proposed land sale; community master plan's
intended use; public hearing. (a) If any parcel of land included within a
community master plan is proposed for sale and intended to be used for a
purpose other than as proposed in the community master plan, the owner of the
parcel shall inform the planning department of the county in which the parcel
of land is located of the proposed sale and of the intended use of the parcel
no later than days before the sale of the land.
(b) Upon notice from the owner pursuant to
subsection (a), the county shall provide public notice of the proposed sale of
the parcel, the intended use of the parcel, and a public hearing that shall
include the information required by the community and public notice procedures
adopted pursuant to subsection (c).
(c) Each county shall adopt community and public
notice procedures pursuant to chapter 91 that shall include, at a minimum:
(1) A means to
effectively engage the surrounding community of the parcel of land to ensure
that community concerns are received and considered by any agency required to
take action to allow or condition the modification in intended use of the
parcel;
(2) The posting of
the proposed plans for intended use of the parcel, public hearing notices, and
minutes of the public hearing on the county's website, including but not
limited to:
(A) Project
specifications; and
(B) Requests
for variance, exemption, or modification of the community development plan; and
(3) Any other information that the public may find useful so that it may meaningfully participate in the decision-making process."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Master Plan; Public Hearing; Land Use; Counties
Description:
Requires the counties to designate an agency to inform the public and hold a hearing when lands included in a community master plan are proposed for sale and intended to be used for a purpose other than as proposed in the master plan. Takes effect on 07/01/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
