| 47 | | - | SECTION 1. Section 514B-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road; (2) Elevations and floor plans of all buildings in the condominium property regime; (3) The layout, location, boundaries, unit numbers, and dimensions of the units; (4) To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime; (5) Unless specifically described in the declaration, the layout, location, and numbers or other identifying information of the limited common elements, if any; [and] (6) A description in sufficient detail, as may be determined by the commission, to identify any land area that constitutes a limited common element[.]; and (7) A condominium map for lands within an agricultural district situated in any county shall be accompanied by a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws pursuant to section 514B-5." SECTION 2. Section 514B-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) An application for registration of a project in the agricultural district classified pursuant to chapter 205 shall include a verified statement, signed by an appropriate county official, that the project as described and set forth in the project's declaration, condominium map, bylaws, and house rules does not include any restrictions limiting or prohibiting agricultural uses or activities, in compliance with section 205‑4.6. For projects containing greater than five units, the statement shall also include the applicant's assessment and county comments regarding the availability of supportive infrastructure, any potential impact on governmental plans and resources, sensitive environmental resources, and any other requirements pursuant to county ordinances and rules. The developer's public report shall include the verified statement in addition to the information required by section 514B-83. The commission shall not accept the registration of a project where a county official has not signed a verified statement. For projects greater than ten acres, a county may require its approval of the subdivision of land prior to the effective date of the condominium property regime." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows: "(f) Notwithstanding any other law to the contrary, agricultural lands may be subdivided and leased for the agricultural uses or activities permitted in subsection (a); provided that: (1) The principal use of the leased land is agriculture; (2) No permanent or temporary dwellings or farm dwellings, including trailers and campers, are constructed on the leased area. This restriction shall not prohibit the construction of storage sheds, equipment sheds, or other structures appropriate to the agricultural activity carried on within the lot; provided that any violation of this paragraph shall be subject to county enforcement authority and fines pursuant to sections 46-4, 205-12, and 205-13; and (3) The lease term for a subdivided lot shall be for at least as long as the greater of: (A) The minimum real property tax agricultural dedication period of the county in which the subdivided lot is located; or (B) Five years. Lots created and leased pursuant to this section shall be legal lots of record for mortgage lending purposes and [shall] may be exempt from county subdivision standards[.]; provided that, for condominium property regimes, a county may require its approval of the subdivision of land greater than ten acres prior to the effective date of the condominium property regime." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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