12               FT                DRAFT 1/17/12    RA                HAWAII ADMINISTRATIVE RULESD                        ...
12             FT§13-YYY-14    Letter of intent; Memorandum of    RA                   understanding§13-YYY-15    Communit...
12             FTrevenue-generating programs for those lands, enter    RAinto public-private agreements to appropriatelyde...
12             FTshall mean the county in which the project is    RAsituated.     "Culturally sensitive" means being sensi...
12             FT     "Improvement" means an addition, renovation,    RAreplacement, repairs or maintenance which enhances...
12             FTspecifications, and any other document that may be    RArequired by the State or county in the processing...
12             FT     RA     §13-YYY-5 Public information. The administratormay disseminate information and render assista...
12             FTthe development of real property and the construction    RAof improvements thereon. [Eff                 ...
12         FT      proprietorship or other businessRA      organization;(2)   A summary of the role and responsibilities  ...
12         FT(8)   Evidence of the applicants capability toRA      develop, own, manage, and provide      appropriate serv...
12             FT     (10) The applicants ties to the community and    RA          support from local community groups;   ...
12             FT     (3)  Has adequate and sufficient financial     RA          resources and support and has secured or ...
12             FTcommunity groups such as neighborhood boards,    RAhomeowners associations, surrounding property owners,a...
12            FT      (D)  Site plan showing the generalRA           development of the site, including the           loca...
12         FT      used for the landscaping of the project, ifRA      applicable, and the projected lease      revenues, i...
12          FT       burdened by the development of the proposedRA       project;(10)   Specific requests to the corporati...
12             FT         dedication, and other specific land use    RA         requirements;    (16) Any other informatio...
12             FT    (7)  Does not unduly burden existing water    RA         systems, sewage and other waste disposal    ...
12             FTthe proposal or the board may re-refer the proposal to    RAthe administrator for further review andrecom...
12       FT[Eff      ] (Auth: HRS §§171C-4) (Imp:  RA        HRS §171C-8)D          YYY-20
12             FT                     SUBCHAPTER 3    RA         INDEPENDENT DEVELOPMENT OF PROJECTSD    §13-YYY-21 Purpos...
12             FTcorporation is willing to enter into an agreement with    RAthe eligible developer for the project.     (...
12             FT     §13-YYY-24 Conditions imposed at discretion of    RAcorporation. The corporation may include suchcon...
12             FT       DEPARTMENT OF LAND AND NATURAL RESOURCES    RA     The adoption of chapter 13-YYY, HawaiiAdministr...
12    FT              FiledRAD     YYY-25
12             FT    RA                         FEES            [Effective _________________]DFees may be charged by the H...
12          FTPURPOSE             AMOUNT CHARGED    RAD           YYY-27
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PLDC_ draft rules_2

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Proposed rules for the PLDC.

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Transcript of "PLDC_ draft rules_2"

  1. 1. 12 FT DRAFT 1/17/12 RA HAWAII ADMINISTRATIVE RULESD TITLE 13 DEPARTMENT OF LAND AND NATURAL RESOURCES SUBTITLE AA PUBLIC LAND DEVELOPMENT CORPORATION CHAPTER YYY PUBLIC LAND DEVELOPMENT PROGRAM Subchapter 1 General Provisions§13-YYY-1 Development by corporation§13-YYY-2 Definitions§13-YYY-3 Definitions applied§13-YYY-4 Public information§13-YYY-5 Public meeting or informational hearing§13-YYY-6 Fees§13-YYY-7 Recovery of administrative expenses and attorneys fees Subchapter 2 Development of Projects§13-YYY-11 Purpose§13-YYY-12 Project proposal; who may submit§13-YYY-13 Eligible developer, information required; determination by corporation YYY-1
  2. 2. 12 FT§13-YYY-14 Letter of intent; Memorandum of RA understanding§13-YYY-15 Community input on project proposals§13-YYY-16 Project proposal; minimum requirements§13-YYY-17 Review of application and project;D criteria for selection of proposals§13-YYY-18 Processing of proposal§13-YYY-19 Agreement with eligible developer or contractor; form of agreement Subchapter 3 Independent Development of Projects§13-YYY-21 Purpose§13-YYY-22 Qualified project; determination by corporation§13-YYY-23 Required conditions of agreements§13-YYY-24 Conditions imposed at discretion of corporation§13-YYY-25 Processing of proposal; agreement with eligible developer SUBCHAPTER 1 GENERAL PROVISIONS §13-YYY-1 Development role of corporation. Thecorporations role in the development of public landsis to make optimal use of public land for theeconomic, environmental, and social benefit of thepeople of Hawaii by developing and administering anappropriate and culturally-sensitive public landdevelopment program. The corporation shall identifythe public lands that are suitable for development,carry on marketing analysis to determine the best YYY-2
  3. 3. 12 FTrevenue-generating programs for those lands, enter RAinto public-private agreements to appropriatelydevelop those lands, and provide the leadership forthe development, financing, improvement, orenhancement of the selected development opportunities.DThe corporation may provide property managementservices that are ancillary to its developmentactivities.[Eff ](Auth: HRS §§171C-1, 171C-3,171C-4, 171C-6) §13-YYY-2 Definitions. (a) As used in thischapter, unless the context requires otherwise: "Administrator" means the executive directoremployed by the board or the executive directorsdesignated representative. "Applicant" means the person proposing a projectfor consideration by the board. "Application" means the application submitted tothe board for a proposed project. "Assets" means total cash, securities, and realand personal property less any outstanding liabilitiessecured by the assets. "Board" means the board of directors of theHawaii public land development corporation establishedunder chapter 171C, HRS. "Chairperson" means the chairperson of the boardof directors of the Hawaii public land developmentcorporation. "Contractor" means a general engineeringcontractor or general building contractor licensedunder chapter 444, HRS. "Corporation" means the Hawaii public landdevelopment corporation established under chapter171C, HRS. "County" includes the counties of Kauai, Maui,Hawaii, and the city and county of Honolulu, andunless the context requires a different meaning, it YYY-3
  4. 4. 12 FTshall mean the county in which the project is RAsituated. "Culturally sensitive" means being sensitive tothe culture and history of the lands to be developed. "Department" means that department of land andDnatural resources. "Develop" or "development" means the planning,financing, acquisition of real property, demolition ofexisting structures, clearance of real property,construction, reconstruction, alteration, or repairingof approaches, streets, sidewalks, utilities, andservices or other site improvements, or construction,reconstruction, repair, remodeling, extension,equipment, or furnishing of buildings or otherstructures or any combination of the foregoing, of anyproject. It also includes any and all undertakingsnecessary therefor. "Eligible developer" means an individual,partnership, cooperative, including limited equityhousing cooperatives (as defined in chapter 421H,HRS), firm, nonprofit or profit corporation, limitedliability company, or public agency which thecorporation has determined: (1) To be qualified by experience and financial responsibility and support to construct improvements of the type described and of the magnitude encompassed by the given project; (2) To have submitted plans for a project adequately meeting the objectives of chapter 171C, HRS, the maintenance of aesthetic values in the locale of the project, and the requirements of all applicable environmental statutes and rules; and (3) To meet all other requirements that the corporation deems to be just and reasonable, and all other requirements provided in chapter 171C, HRS, and these rules. "HRS" means the Hawaii Revised Statutes. YYY-4
  5. 5. 12 FT "Improvement" means an addition, renovation, RAreplacement, repairs or maintenance which enhances thevalue of the property, and for which labor and capitalare expended. "Party" means each person or agency named orDadmitted as a party. "Person" means as appropriate individuals,partnerships, corporations, associations, or public orprivate organizations of any character other thanagencies. "Petitioner" means the person or agency on whosebehalf a petition or application is made. "Plans and specifications" includes constructionplans and specifications and any other documents thatmay be required by the county in the processing of theplans and specifications for the issuance of permitsfor construction and building of improvements within aproject. "Project" means a plan, design, or undertaking bythe corporation or an eligible developer for thedevelopment or improvement of public lands underchapter 171C, HRS, and includes all real and personalproperty, buildings and improvements, commercialspace, lands for farming and gardening, communityfacilities acquired or constructed or to be acquiredor constructed, and all tangible or intangible assetsheld or used in connection with such development orimprovement. "Qualified appraiser" means a real estateappraiser licensed or certified to practice in theState of Hawaii subject to the requirements of section466K-4, Hawaii Revised Statutes. "Rules" means these rules. "State" means the State of Hawaii. "Subdivision and construction documents" includesall subdivision documents and plans andspecifications. "Subdivision documents" includes preliminarymaps, final maps, subdivision construction plans and YYY-5
  6. 6. 12 FTspecifications, and any other document that may be RArequired by the State or county in the processing ofapplications and permits relating to the developmentof the project. "Subsidies" means the difference between allDcosts expended by the corporation, less any recoveriesby the corporation. It also includes unrecovereddevelopment, land, financing and carrying costs. "Value" means the value of a property asdetermined by a qualified appraiser.[Eff ] (Auth: HRS §171C-4)(Imp: HRS§§171C-4) §13-YYY-3 Definitions applied. (a) Unlessotherwise specifically stated, the terms used in therules adopted by the board pursuant to powers grantedby statute shall have the meanings given them by suchstatutes. (b) A rule which defines a term without expressreference defines the terms for all purposes as usedboth in the statute and in these rules, unless thecontext otherwise specifically requires.[Eff ] (Auth: HRS §171C-4) (Imp: HRS§171C-4) §13-YYY-4 Development by corporation. (a) Thecorporation may develop projects in accordance withthe provisions of chapter 171C, HRS: (1) On its own behalf; (2) On behalf of any other government agency; or (3) With an eligible developer or contractor. (b) The corporation may establish preferencesand other necessary requirements and conditions forsuch projects on a project-by-project basis.[Eff ](Auth: HRS §171C-4) (Imp: HRS§§171C-4, 171C-6, 171C-8) YYY-6
  7. 7. 12 FT RA §13-YYY-5 Public information. The administratormay disseminate information and render assistance tothe public in order that the provisions of theprograms of the corporation may be understood andDimplemented effectively. [Eff ] (Auth:HRS §171C-4) (Imp: HRS §171C-4) §13-YYY-6 Fees. The corporation shall have theright to charge reasonable fees for processing anyinstrument or taking any action required under thischapter. These fees shall be nonrefundable. Suchfees shall be as prescribed by the exhibit at the endof this chapter entitled "Fees", dated _____________,and may by amended by the board.[Eff ] (Auth: HRS §§171C-4) (Imp: HRS§§171C-4) §13-YYY-7 Recovery of administrative expensesand attorneys fees. The corporation may recover allrelevant administrative expenses and attorneys feesfrom the developer in administering and implementingthis chapter. [Eff ] (Auth: HRS§171C-4) (Imp: HRS §171C-4) SUBCHAPTER 2 DEVELOPMENT OF PROJECTS §13-YYY-11 Purpose. The purpose of thissubchapter is to establish a procedure for thecorporation to initiate, by itself or with an eligibledeveloper or contractor, or to enter into agreementswith eligible developers or contractors for thedevelopment of projects. This subchapter shall govern YYY-7
  8. 8. 12 FTthe development of real property and the construction RAof improvements thereon. [Eff ] (Auth:HRS Chapter 171C) (Imp: HRS §171C-4) §13-YYY-12 Project proposal; who may submit.DAny individual, partnership, profit or nonprofitcorporation, or public agency, upon having filedapplication with the corporation as required bysection 13-YYY-13, may submit project proposals forreview and certification by the corporation.[Eff ] (Auth: HRS §171C-4) (Imp: HRS§§171C-4, 171C-6, 171C-8) §13-YYY-13 Eligible developer, informationrequired; determination by corporation. (a) Anindividual, partnership, limited liability company,cooperative, firm, a profit or a nonprofitcorporation, or a public agency that desires to beconsidered to develop a project, either together withthe corporation or independent of the corporation, andwho in connection with the development of a project,will need assistance such as acquisition of land ordevelopment rights to land, financing, subsidies,exemptions from general excise taxes, or expeditedprocessing of a project under the provisions ofchapter 171C, HRS, and the rules promulgatedthereunder, shall submit to the corporation anapplication, on forms provided by the corporation,along with any additional information that thecorporation determines to be applicable. Informationrequested may include, but is not necessarily limitedto: (1) Name, address, email address, and telephone number of the applicant and each member of the project team, and evidence of the applicants status as a corporation, partnership, joint venture, sole YYY-8
  9. 9. 12 FT proprietorship or other businessRA organization;(2) A summary of the role and responsibilities of each team member as it pertains to the project;D(3) If the applicant is a corporation, certified copies of the articles of incorporation, and the names, addresses, email addresses, and telephone numbers of each of the officers and directors of the corporation, and of any shareholder of the corporation holding more than twenty-five per cent of the outstanding shares issued by the corporation. If the applicant is a partnership, joint venturer, or sole proprietorship, certified copies of the partnership agreement, joint venture agreement or evidence of ownership, as applicable, and the names, addresses, email addresses, and telephone numbers of each of the individual partners, joint venturers, or owners;(4) A resume of the applicants experience in the development of projects including a list and a brief description of the projects in which the applicant participated;(5) The name, title, address, email address, and telephone number of the person to whom communications should be addressed;(6) Evidence of the applicants legal authority to incur obligations and to sign and deliver such documents as may be necessary to finance, develop, and construct the project;(7) A current certificate of good standing from the department of commerce and consumer affairs, tax clearance from the department of taxation, and certification of compliance with department of labor and industrial relations requirements; YYY-9
  10. 10. 12 FT(8) Evidence of the applicants capability toRA develop, own, manage, and provide appropriate services in connection with the project;(9) Evidence of the applicants creditD worthiness including the following financial information, which shall be kept confidential to the extent permitted by law: (A) The most recent years financial statements. If the statements are unaudited, tax returns shall be provided. In the event the applicant is an entity not yet formed, federal and state tax returns and financial statements for the previous year of the principals, or additional information the corporation may require; (B) Interim balance sheets and income statements of the applicant and principal developer if the fiscal year- end data is over nine months old; (C) Tax returns if the applicant or guarantor is an individual; (D) Articles of incorporation, bylaws, resolutions, and certificates of good standing as are appropriate to support corporate actions; (E) Evidence of up front capitalization sufficient to demonstrate the developers ability to complete the project; and (F) Any other financial data deemed appropriate by the corporation for proper credit-worthiness analysis; provided the board may accept alternate evidence for items (A), (B), (C), (D) and (E) that it determines to be appropriate for establishing credit worthiness; YYY-10
  11. 11. 12 FT (10) The applicants ties to the community and RA support from local community groups; (11) Description of all projects or facilities owned or operated by the applicant; (12) A description of any financial default,D modification of terms and conditions of financing, or legal action taken or pending against the applicant or its principals; (13) A description of the applicants past or current business experience or involvement in any programs or of its provision of services, if any, that would give evidence of the applicants management capabilities; (14) Evidence of ability to secure the necessary performance or payment bond or other evidence of surety and the ability to perform the work required to be performed in the proposed project; (15) A statement of the applicants past or current involvement with the corporation or its predecessors, and the assistance, if any, received from those entities; (16) A project proposal in substantial compliance with section 13-YYY-16, which the applicant intends to submit to the corporation for approval; and (17) Any other information that the corporation deems necessary to determine the qualification of the applicant. (b) The board may certify that the applicant isan eligible developer for the purposes of developmentof projects approved by the corporation under chapter171C, HRS, if the board finds that the applicant: (1) Has demonstrated compliance with all laws, ordinances, rules, and other governmental requirements that the applicant is required to meet; (2) Has the necessary experience; YYY-11
  12. 12. 12 FT (3) Has adequate and sufficient financial RA resources and support and has secured or has demonstrated the ability to secure a performance or payment bond, or other surety to develop projects of the size and typeD which the applicant proposes to develop; and (4) Has met all other requirements that the corporation determines to be appropriate and reasonable. (c) The board may certify that the applicant isan eligible developer for the purposes of developmentof projects approved by the corporation under chapter171C, HRS, if the board [Eff ] (Auth:HRS §171C-4) (Imp: HRS §§171C-4, 171C-8) §13-YYY-14 Letter of intent; Memorandum ofunderstanding. Subject to the final approval of theproposed project by the board, the administrator maynegotiate and execute a letter or intent, memorandumof understanding, or other agreement committingpreliminarily to a proposed project if the applicantis deemed to be an eligible developer pursuant tosection 13-YYY-13 and has provided a preliminaryproposal for the project. For purposes of thissection, "preliminary proposal" means a proposal for aproject that provides sufficient information for theadministrator to determine, on a preliminary basis,the feasibility and suitability of the project for theproposed site. [Eff ](Auth: HRS§§171C-4) (Imp: HRS §171C-4) §13-YYY-15 Community input on project proposals.An eligible developer shall conduct or participate inat least one public meeting in the community ordevelopment plan area in which the proposed project islocated to solicit community input on the proposedproject. The public meeting shall take place prior tocorporation action on the project proposal. Theeligible developer shall consult with affected YYY-12
  13. 13. 12 FTcommunity groups such as neighborhood boards, RAhomeowners associations, surrounding property owners,and the council member for the region. [Eff ](Auth:HRS §§171C-4) (Imp: HRS §§103-24.6, 171C-4)D §13-YYY-16 Project proposal; minimumrequirements. (a) A project proposal, whethersubmitted by an applicant or eligible developer, orinitiated by the corporation for development by thecorporation, in order to be considered for approval bythe board for processing under the provisions ofchapter 171C, HRS, shall contain, as the corporationmay determine to be applicable, the following minimuminformation: (1) Name and address of the eligible developer; (2) Evidence that the eligible developer has met the requirements of section 13-YYY-13 of these rules; (3) A master plan of the proposed project, which shall show all or as much of the following information as may be required by the corporation: (A) Evidence of site control (such as a deed, agreement of sale, commitment letter, or development agreement), and names and addresses of all legal and equitable holders of an interest in the land and a complete description of each holders interest in the land; (B) An accurate description of the land, preferably the metes and bounds, boundary description of the property, file plan, or preliminary plat, its geographic and relative location within a larger tract of land, with descriptions of adjacent or surrounding subdivisions or other improvements on land; (C) The total area of the proposed project; YYY-13
  14. 14. 12 FT (D) Site plan showing the generalRA development of the site, including the locations and descriptions of proposed and existing buildings, parking areas, and service areas; unusual siteD features; proposed and existing major streets in and adjacent to the proposed project; and proposed and existing major drainage facilities; (F) Methods of sewage and solid waste disposal and sources of water and other utilities; (G) Description of land contours; (H) Location and description of existing historical or significant landmarks or their natural features within and adjacent to the proposed project; (I) Description of existing improvements within and adjacent to the proposed project, as well as off-site and on- site infrastructure and improvements requirements; (J) Proposed and existing uses of each phase of the proposed project, and existing uses of lots adjacent to the proposed project for parks and other public places or spaces within adjoining properties; and (K) Shoreline setbacks as may be required by chapter 205A, HRS.(4) Preliminary plans and specifications of the improvements in the project, including number and types of structures, the number of stories, any special features or amenities, natural resource conservation devices and energy efficient designs to be utilized, a description of the types of indigenous land plant species which shall be YYY-14
  15. 15. 12 FT used for the landscaping of the project, ifRA applicable, and the projected lease revenues, if any;(5) Proposed financing of the project, including:D (A) The manner in which the project will be financed during the development and construction of the project and upon completion of the project; (B) The sources of repayment of such financing; (C) Estimated start-up expenses and the sources of funds to meet these expenses; (D) The net equity, if any, which the developer intends to contribute to the proposed project; and (E) Budgets and cashflow requirements;(6) Development timetable, market analysis, marketing program, and other activities relating to a successful development of the project to completion;(7) Description of the land for the proposed project as to present use, soil classification, agricultural importance as determined by the land evaluation and site assessment commission, flood, and drainage conditions;(8) An assessment of the effects of the development of the proposed project upon the environment, agriculture, recreational, cultural, historic, scenic, flora and fauna, or other resources of the area;(9) Availability of public services and facilities such as schools, sewers, parks, water, sanitation, drainage, roads, police and fire protection, the adequacy thereof, and whether public agencies providing the services or facilities would be unreasonably YYY-15
  16. 16. 12 FT burdened by the development of the proposedRA project;(10) Specific requests to the corporation for participation by the corporation for financial or other assistance, descriptionD of the state subsidies required and applied for, and financial and other assistance provided for by other governmental agencies;(11) A summary of comments from the community or community groups;(12) If the proposal for the development will cause early termination of any lease, permit or easement and displacement of the holder of such interest prior to the existing termination date, the proposal shall include a relocation program or strategy for such displaced person;(13) Applicable provisions of existing state and county general plans, development plans, community development plans, and other comparable plans developed or adopted by the state or county government in which the proposed project is situated, county zoning of the area and other applicable land use requirements, and if known, any substantial difference in the proposed project from the respective county general plan or development, or community development plan, or other county plans and zoning and other land use requirements, and the reasons for varying from the respective county requirements;(15) Specific requests for exemption from existing laws, charter provisions, ordinances and rules relating to the proposed project, including requests for exemption from subdivision standards and building codes, density, height, set back, parking, street width, open space, park YYY-16
  17. 17. 12 FT dedication, and other specific land use RA requirements; (16) Any other information that the corporation finds necessary to make an environmental assessment and to determine whether or notD the proposed project complies as closely as possible with existing laws, charter provisions, ordinances, and rules, and is suitable under and meets the intent and purposes of chapter 171C, HRS. [Eff ] (Auth: HRS §§171C-4) (Imp: HRS §§103-24.6, 171C-4) §13-YYY-17 Review of application and project;criteria for selection of proposals. Theadministrator shall review the application and projectproposals to determine if the applicant qualifies byexperience and financial responsibility and support todevelop projects of the size and type proposed to bedeveloped, and to determine if the proposed project isresponsive to the following criteria, as follows: The proposed project: (1) Makes or seeks to make optimal use of public land for the economic, environmental, or social benefit of the people of Hawaii; (2) Is culturally and environmentally sensitive to the resources and community at or near the proposed location, (3) Is appropriate and suitable for the development at the proposed location; (4) Follows existing laws, charter provisions, ordinances, and rules and is consistent with master plan for the area, as closely as is practical; (5) Is consistent with minimum standards of good planning, zoning, and design; (6) Does not adversely affect surrounding property; YYY-17
  18. 18. 12 FT (7) Does not unduly burden existing water RA systems, sewage and other waste disposal systems, transportation systems, roadway, drainage, street lighting, open spaces, parks, and other recreational areas, publicD utilities, and public services, or includes, as part of the proposed project, the development of such systems, facilities, and services at reasonable cost; (8) Utilizes natural resources as well as energy-conserving devices to the extent reasonable and practicable; (9) Utilizes indigenous species of plants whenever and wherever feasible in the landscaping of the project; and (10) Meets other minimum requirements established by the corporation. [Eff ] (Auth: HRS §§171C-4) (Imp: HRS §§103-24.6, 171C-8) §13-YYY-18 Processing of proposal. (a) Theadministrator shall, upon receipt of an application orproject proposal or both, time stamp the same asreceived and review the application for completenessand compliance with applicable rules under thissubchapter. An incomplete application shall bereturned to the applicant. The administrator shall,within ninety days of certifying that the applicationor project proposal is complete and is in compliancewith sections 13-YYY-23, 13-YYY-24, and 13-YYY-26 ofthis subchapter, make a recommendation to the boardfor approval, contingent approval or disapproval ofthe project proposal. The administrator shall invitecomments from appropriate agencies in the review ofthe proposal for appropriateness, technicalcompliance, and feasibility. (b) Upon recommendation from the administratorof a proposal for approval, contingent approval, ordisapproval, the board may reject, accept, or defer YYY-18
  19. 19. 12 FTthe proposal or the board may re-refer the proposal to RAthe administrator for further review andrecommendation. [Eff ] (Auth: HRS§171C-4) (Imp: HRS §171C-8)D §13-YYY-19 Agreement with eligible developer orcontractor; form of agreement. (a) Theadministrator, upon approval by the board, may enterinto an agreement with an eligible developer orcontractor, to develop a project. (b) The agreement shall be subject tomodification, and shall include, but not be limited tothe following applicable terms, conditions, andcovenants: (1) Purpose of the agreement; (2) A description of the role and responsibility of the corporation, the eligible developer or contractor, and other parties to the agreement, including the manner of compensating each party and the amount of profit for work performed; (3) Project concept and cost; (4) Time required to complete the project, including a projected schedule of work identifying appropriate milestones to ensure timely completion; (5) Anticipated rents, if any; (6) Construction agreements (when one of the parties is a contractor); (7) Insurance and bonding or surety requirements; (8) Inspection requirements and procedures; and (9) Such standard clauses that the corporation determines to be required, including, but not limited to, the following: (A) Indemnity; (B) Severability; (C) Termination; and (D) Assignability. YYY-19
  20. 20. 12 FT[Eff ] (Auth: HRS §§171C-4) (Imp: RA HRS §171C-8)D YYY-20
  21. 21. 12 FT SUBCHAPTER 3 RA INDEPENDENT DEVELOPMENT OF PROJECTSD §13-YYY-21 Purpose. The purpose of thissubchapter is to establish a procedure for eligibledevelopers to develop qualified projects pursuant toagreements with the corporation.[Eff ] (Auth: HRS 171C-4) (Imp: HRS§171C-4) §13-YYY-22 Qualified project; determination bycorporation. (a) A project shall be determined to beculturally and environmentally sensitive to theresources and community at or near the proposedlocation and is appropriate and suitable for thedevelopment at the proposed location, if the projectmeets the requirements set forth in section 13-YYY-16,and in addition meets the following requirements: (1) After considering the potential effects of the proposed project as provided by Chapter 343, HRS, and Chapter 11-200, HAR, the Board finds that the project will probably have minimal or no significant adverse effect on the environment or is exempt from the preparation of an environmental assessment; and (2) After considering the potential effects of the proposed project on the cultural or historical resources and the community at or near the proposed location of the project, the Board finds that the project will probably have minimal or no significant adverse effect on those resources and the affected community. (b) An eligible developer may submit a projectproposal to the corporation for the corporation todetermine if the project is qualified, and whether the YYY-21
  22. 22. 12 FTcorporation is willing to enter into an agreement with RAthe eligible developer for the project. (c) The project proposal to be submitted by theeligible developer shall contain the informationrequired under section 13-YYY-16.D (d) An eligible developer shall conduct orparticipate in at least one public meeting in thecommunity or development plan area in which theproposed project is located to solicit community inputon the proposed project. The public meeting shalltake place prior to corporation action on the projectproposal. The eligible developer shall consult withaffected community groups such as neighborhood boards,homeowners associations, surrounding property owners,and the council member for the region. [Eff ](Auth: HRS §§171C-4) (Imp: HRS §171C-4) §13-YYY-23 Required conditions of agreements.If the corporation determines that the proposedproject is qualified, and the corporation desires toenter into an agreement with the eligible developer,the agreement shall include the following conditions: (1) That if the corporation or the agency with the original jurisdiction or management control of the project site will assume control of the project upon completion, the eligible developer shall furnish a performance or material house bond, issued by sureties that shall be satisfactory to the corporation, in favor of the corporation, to assure the timely and complete performance of the project; and (2) That the project encompasses the use of lands adequately suited to size, design, and types of uses designated for projects primarily designed. [Eff ] (Auth: HRS §§171C-4) (Imp: HRS §171C-4) YYY-22
  23. 23. 12 FT §13-YYY-24 Conditions imposed at discretion of RAcorporation. The corporation may include suchconditions as it may deem to be appropriate, to assurethat the project will be developed for the purposesapproved by the Board. [Eff ] (Auth:DHRS §§171C-4) (Imp: HRS §171C-4) §13-YYY-25 Processing of proposal; agreementwith eligible developer. Processing of proposals andagreements with eligible developers shall be inaccordance with sections 13-YYY-17 and 13-YYY-18.[Eff ] (Auth: HRS §§171C-4) (Imp: HRS§171C-4) YYY-23
  24. 24. 12 FT DEPARTMENT OF LAND AND NATURAL RESOURCES RA The adoption of chapter 13-YYY, HawaiiAdministrative Rules, on the Summary Pages dated_____________, 2012, took place on ______________,D2012, following a public hearing held on ____________,2012, after public notice was given in the HonoluluStar-Advertiser, The Garden Island, The Maui News,West Hawaii Today, and Hawaii Tribune-Heraldnewspapers on ____________, 2012. The adoption shall take effect ten days afterfiling with the Office of the Lieutenant Governor. ______________________________ KALBERT K. YOUNG Chairperson Hawaii Public Land Development Corporation APPROVED: _____________________________ NEIL ABERCROMBIE Governor State of Hawaii Date: ______________________APPROVED AS TO FORM:_______________________Deputy Attorney General _____________________________ YYY-24
  25. 25. 12 FT FiledRAD YYY-25
  26. 26. 12 FT RA FEES [Effective _________________]DFees may be charged by the Hawaii Public landdevelopment corporation as follows:PURPOSE AMOUNT CHARGEDConsent to Mortgage $250.00Lease Consent $250.00Assignment of Lease $250.00Amendment of Lease $250.00Extension of Lease Term $250.00Release of Mortgage $250.00Developers Non-refundable ____Application Fee $2,000Administrative Fee (assessed to $0 to $2,500 perdevelopers)** unit** Fee may be adjusted by the Boardon a case-by-case basis. YYY-26
  27. 27. 12 FTPURPOSE AMOUNT CHARGED RAD YYY-27

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