HAR 19-170 — RULES OF PRACTICE AND PROCEDURE (Subchapter 1 to 9)

This chapter governs procedures before the Aloha Tower development corporation under chapter 206J, HRS, and shall be construed to effectuate the purpose of the chapter and to secure the just and efficient determination of every proceeding. Notes Haw. Code R. § 19-170-1 [Eff MAY 5…

(a) Unless otherwise provided by law, a majority of all the members to which the board is entitled shall constitute a quorum to transact business, and the concurrence of a majority of all the members to which the board is entitled also shall be necessary to make a board decision …

The presiding officer may remove any person who willfully disrupts a meeting. Notes Haw. Code R. § 19-170-11 [Eff MAY 5 2013] (Auth: HRS §§ 91-2, 206J-5) (Imp: HRS § 92-3)

In addition to the requirements of the respective land use zones specified in this subchapter, the development requirements of subchapter 8 relating to any development, irrespective of the land use zone in which it is located, shall be applicable unless specifically provided othe…

The purpose of this subchapter is to set forth standards relating to development which are generally applicable to any use or site, irrespective of the land use zone in which it is located. Notes Haw. Code R. § 19-170-111 [Eff MAY 5 201] (Auth: HRS §§ 206J-5, 206J-7) (Imp: HRS §§…

The following building elements or features may exceed the height limits prescribed in subchapter 7: (1) Structures housing or screening necessary mechanical appurtenances of the building on which they are erected; (2) Necessary utilitarian features including stairwell enclosures…

(a) The minimum front yard requirements shall be as follows:(1) A front yard of ten feet in depth measured perpendicularly from the street boundary line shall be provided for each development parcel. (2) Every yard bounded by a public street shall be a front yard. (b) There shall…

(a) The minimum number of required off-street parking spaces for the existing structures located on Piers 5 through 11 in the Aloha Tower project area shall be as specified in subchapter 7. (b) At least sixty per cent of required parking shall be standard sized parking spaces and…

(a) Buildings shall provide off-street loading spaces for the area proposed to be constructed as follows: (1) Hotel/office/commercial/residential (H/O/C/R) zone: A minimum of five spaces; (2) Commercial/residential (C/R); and Maritime/office/commercial (M/O/C) zones: A cumulative…

Except as otherwise provided, signs shall conform to the "B2 Community-Business District" sign regulations of the land use ordinance of the city and county of Honolulu. The corporation shall be responsible for enforcement of the ordinance's provisions, and shall also administer a…

(a) All rooftop mechanical appurtenances, stairwells and elevator enclosures, ventilators, and air-conditioning equipment shall be screened from view by architectural or landscape treatments. (b) Parking structures shall not be visible from adjacent streets. Notes Haw. Code R. § …

The approval of the executive officer or corporation shall be required on any addition, deletion, modification or alteration of existing streets shown on the project area plan. The executive officer or corporation may consult with other appropriate governmental agencies prior to …

Public utility companies (including HECO, Hawaiian Telcom and CATV companies) shall place utility lines servicing new structures underground within the project area. The location of all utility structures placed on pads shall be subject to the executive officer's approval. Notes …

(a) The board shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting shall be required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of th…

(a) Where a building wall contains a reflective surface for more than thirty per cent of the surface area of the wall, diagrams, charts and other documents shall be submitted to the executive officer which clearly indicate the impact of the reflection from the wall on any street …

Temporary structures, such as tents and booths, may be permitted in any zone for periods not exceeding fourteen days, provided that for good reasons, the executive officer, in his sole discretion, may grant extensions for an additional fourteen days. Notes Haw. Code R. § 19-170-1…

The executive officer, in his sole discretion, may allow a conditional use of vacant land, provided: (1) The proposed use is any use permitted within the land use zone except:(A) That open or uncovered temporary parking at grade may be permitted in all land use zones, and (B) Con…

The applicable provisions of Article 7 of the land use ordinance relating to flood hazard districts shall apply to all affected activities and properties within the Aloha Tower complex area. Notes Haw. Code R. § 19-170-123 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5, 206J-7) (Imp: HRS …

(a) Prior to submitting an application for a development permit, applicants shall be required to have complied with section 19-170-59 of this chapter. (b) A developer shall submit to the corporation four copies of a project plan as a part of the application for the development pe…

In reaching its determination on an application for a development permit, the corporation shall consider the following: (1) Conformance of the proposed development with the Aloha Tower project area plan and in particular, the proposed use, density, height, arrangement and design …

(a) Any planned development permit granted under the provisions of this subchapter shall automatically lapse if the initial building permit authorizing the construction of the foundation or superstructure of the project shall not have been issued within two years from the date of…

As a part of the development permit review process, the corporation may modify plan and rule requirements provided a public hearing is held. Except as otherwise specifically provided, modifications may be granted only to the following: (1) Building envelope requirements; (2) Yard…

(a) In order for the corporation to consider modification of the zoning requirements listed in section 19-170-127, the applicant must demonstrate that: (1) The modification would provide flexibility and result in a development that is practically and aesthetically superior to tha…

The development plan for the Aloha Tower project area is subject to amendment as provided therein. These Aloha Tower project area rules may be modified or amended in the same manner as they were promulgated, or through such other procedure as may be authorized by the corporation'…

In computing any period of time under the rules as provided in this chapter, by notice, or by any order, or rule of the board, the time begins with the day following the act, event, or default, and includes the last day of the period unless it is a Saturday, Sunday, or legal holi…

Notes Haw. Code R. §§ 19-170-130 to 19-170-149

All actions, decisions, and orders of the board requiring authentication shall be signed by the chairperson, or in the chairperson's absence, by the executive officer of the development corporation. Notes Haw. Code R. § 19-170-14 [Eff MAY 5 2013] (Auth: HRS §§ 91-2, 206J-5(5)) (I…

All submittals and requests requiring action by the board shall be made in writing and filed with the office of the development corporation at least ten calendar days before the date of a scheduled meeting. Notes Haw. Code R. § 19-170-15 [Eff MAY 5 2013] (Auth: HRS §§ 91-2, 206J-…

This subchapter may be cited as the 'Subdivision Rules of the Aloha Tower Development Corporation". These rules are adopted pursuant to chapter 206J, HRS. Notes Haw. Code R. § 19-170-150 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)

The purpose of this subchapter is to regulate and control the subdivision and consolidation of land for the following purposes, all of which promote the general welfare and an environment that is safer, healthier, more convenient, efficient, and attractive: (1) To implement the p…

(a) No person shall subdivide or consolidate land without complying with the provisions of these rules and receiving approval of the final map. (b) No person shall designate an easement unless it conforms to the provisions of these rules and receives approval. (c) No person shall…

The board, through its executive officer, shall administer this subchapter. Notes Haw. Code R. § 19-170-153 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)

(a) The board shall hear and determine appeals from the actions of the executive officer in the administration of this subchapter. An appeal shall be sustained only if the board finds that the executive officer's action was based on an erroneous finding of a material fact, or tha…

The development corporation may maintain an action for an injunction to restrain any violation of this subchapter, and may take any other lawful action to prevent or remedy any violation of this subchapter. Notes Haw. Code R. § 19-170-155 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5),…

Except as otherwise stated in this subchapter, all of the definitions contained in the land use ordinance of the city and county of Honolulu, ordinance no. 86-96, as amended ("LUO"), are incorporated herein by reference and made a part hereof. As used in this subchapter, unless t…

(a) There shall be a subdivision committee which shall hold regular meetings and make recommendations to the executive officer on subdivision applications and such other matters pertaining to the subdivision of land as may be presented to it by the executive officer. (b) The subd…

(a) The owner of any land subdivided into lots shall file an application under this subchapter if the owner wishes to consolidate two or more lots. Procedures in connection therewith shall conform to the requirements for approval of a subdivision. Notes Haw. Code R. § 19-170-158 …

(a) The executive officer may modify provisions of this subchapter whenever the land to be subdivided or consolidated is of such size and shape or is affected by such location, or topographical condition, or is devoted to such uses that it is impractical in the particular case to…

All public records of the development corporation shall be available for inspection by any person during office hours unless public inspection of such records is in violation of any state or federal law, or of any court order. Requests for inspection of public records and for pub…

Filing fees shall be as determined by the executive officer. Notes Haw. Code R. § 19-170-160 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)

Where only the designation of easements for the construction, installation or maintenance of cables, lines, anchors, guys, poles, pipelines, conduits, and similar installations with their associated facilities, of public utilities subject to the provisions of chapter 269, HRS, ar…

(a) A preliminary map filed with the executive officer shall be prepared by or under the supervision of an engineer or surveyor. (b) The preliminary map shall be of one of the following sizes, in inches: 10 x 15, 15 x 21, 21 x 32, 30 x 36, 36 x 42, or 42 inches wide without restr…

(a) The subdivider shall file with the executive officer twenty copies of the preliminary map and filing fee. (b) The executive officer shall act on the preliminary map within thirty days after filing. (c) The time of filing is the time at which the preliminary map and filing fee…

Upon review and report by the subdivision committee and other governmental agencies as required, the executive officer shall act upon the preliminary map as follows: (1) Tentative approval of the preliminary map is subject to the following: (A) Tentative approval of the prelimina…

(a) A final map filed with the executive officer shall be prepared by or under the supervision of a surveyor. (b) Size and scale of the final map shall be as required under section 19-170-162. A final map which affects land court lands shall comply with requirements of the land c…

(a) Within two years after tentative approval of the preliminary map, the subdivider shall file with the executive officer fifteen copies of the final map. (b) The time limit specified may be extended not exceeding one year as may be granted in writing by the executive officer. R…

Upon review and report by the subdivision committee, the executive officer shall act upon the final map within forty-five days after filing as follows: (1) Approval of the final map means the subdivision has met all requirements of this subchapter. Approval of the subdivision sha…

Each subdivision shall conform to and implement the intent and purpose of the development plan. Notes Haw. Code R. § 19-170-168 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5(5), 206J-7) (Imp: HRS § 206J-7)

Each subdivision shall conform to the Aloha Tower Complex Project Area Rules, federal and state laws, regulations and standards of the board of water supply, and other requirements and standards of other agencies. The subdivider shall be responsible for securing required approval…

(a) The board may delegate to the executive officer any power or authority vested in the board as it deems reasonable and proper for the effective administration of chapter 2 06J, HRS, except the power to adopt, amend, or repeal rules; and any power or authority expressly reserve…