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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Notwithstanding any other law to the contrary, if an affordable multi-family rental housing project that was originally developed as an experimental and demonstration housing project pursuant to section 46-15 has been substantially destroyed as a result of a disaster from a wildfire, hurricane, or earthquake proclaimed by the governor to constitute a state of emergency under chapter 127A:
(1) Any ordinance approved by a county for the initial construction of the experimental and demonstration housing project shall remain valid and relevant and continue to be in full force and effect with respect to the rebuilding of the project in accordance with this section;
(2) The director of a county planning department in the respective county or any other state or county agency authorized to issue a permit or approval required for the rebuilding of the project may amend or modify the final plans and specifications of the experimental and demonstration housing project to incorporate cost-effective best industry practices that include advances in building design, materials, construction types, or methods; provided that any modification shall adhere to principles that emphasize community, history, culture, future resilience, and the safety and well-being of the project's occupants; provided further that the modifications shall not impose requirements or conditions that unreasonably increase rebuilding or future operating costs; and
(3) Notwithstanding any termination of the applicable emergency proclamation before the completion of construction, the experimental and demonstration housing project shall not be subject to any specific provisions of law suspended pursuant to the emergency proclamation issued under section 127A-13, if an application for the initial permit or approval to commence rebuilding of the project has been submitted to the county planning department, the department or office of housing of a county, or any other relevant agency of the state or applicable county before the end of the disaster emergency relief period; provided that the submitted application was deemed by the relevant state or county department or agency as complete.
(b) This section shall not apply to parcels on the shoreline or parcels impacted by waves, storm surges, high tide, or shoreline erosion.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 46-15.02 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-46-15-02/
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