Section 15-22-115.1 - Waiver of reserved housing cash in lieu payment(a) This section shall apply to planned development applications submitted within thirty-six months of September 15, 2001. Applications shall comply with all requirements of this chapter. This section shall also apply to planned development permit applications submitted pursuant to a master plan.(b) A waiver of the required cash payment in lieu amount shall be granted at the payment due date as set forth in section 15-22-115 and shall be based on the following: (1) For projects with up to 200,000 square feet of total floor area, waiver of cash payment in lieu amount shall be granted if construction commencement takes place within eighteen months of development permit approval and construction completion takes place within thirty-six months of construction commencement; or(2) For projects with more than 200,000 square feet of total floor area, waiver of cash payment in lieu amount shall be granted if construction commencement takes place within twenty-four months of development permit approval and construction completion takes place within forty-eight months of construction commencement.(c) Time periods set forth in subsection (b) may be extended by the authority if the delay in construction commencement or completion is due to causes beyond the control of the applicant, and shall include strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, riots, rebellion, sabotage or any other circumstances for which the applicant is not responsible. A finding that an extension is warranted and the additional time be allowed for the project shall be at the sole discretion of the authority and shall be for a period no more than the time lost by reason of any of the aforesaid causes.(d) As used in this section, "construction commencement" shall mean the date of issuance of the initial building permit and "construction completion" shall mean the date the initial certificate of occupancy is issued. Haw. Code R. § 15-22-115.1
[Eff 6/13/97, am 9/15/01] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)