HAR §15-15-50. Form and contents of petition

(a) The form of the petition for boundary amendment shall conform to the requirements of subchapters 5 and 6. All petitions shall: (I) State clearly and concisely the authorization or relief sought; and (2) Cite by appropriate reference the statutory provision or other authority under which commission authorization or relief is sought. (b) For petitions to reclassify properties from the conservation district to any other district, the petition shall not be deemed a proper filing unless an approved environmenta! impact statement or finding of no significant impact is approved or accepted by the commission for the proposed boundary amendment request. Such approved Or accepted environmental impact statement or finding of no significant impact shal! be 34 filed with and be part of the petition for boundary amendment. Notwithstanding any rule to the contrary, the processes provided by subsections (e) and (f) shal! not commence unti! this subsection is satisfied. (c) The following information shall also be provided in each petition for boundary amendment: (l) The exact legal name of each petitioner and the location of the principal place of business and if an applicant is a corporation, trust, or association, or other legal entity, the state in which the petitioner was organized or incorporated; (2) The name, title, and address of the person to whom correspondence or communications in regard to the petition are to be addressed; (3) Description of the subject property, acreage, and tax map key number, with maps, including the tax map, that identify the area stated in the petition. If the subject property is a portion of one or more tax map key parcels, or the petition proposes incrementa! deve!opment of the subject property on both increments of development, the petitioner shall include a map and description of the subject property and each increment in metes and bounds prepared by a registered professional land surveyor; (4) The boundary amendment sought and present use of the property, including an assessment of conformity of the boundary amendment to the standards for determining the requested district boundary amendment; (5) The petitioner's property interest in the subject property. The petitioner shal! attach as exhibits to the petition the following: (A) A true copy of the deed, lease, option agreement, deve!opment agreement, or other document conveying to the petitioner a property interest in the subject property or a certified copy of a nonappealable final judgment of a court of competent jurisdiction quieting title in the petitioner; (B) If the petitioner is not the owner in fee simple of the subject property, or any part thereof, written authorization of all fee owners to file the petition and a true copy of the deed to the subject property; and 35 (6) (7) (8) (9) (i0 ii (C) An affidavit of the petitioner or its agent attesting to its compliance with section 15-15-48; A description of any easements on the subject property, together with identification of the owners of the easements; a description of any other ownership interests shown on the tax maps. Type of use or development being proposed, including without limitation, & description of any planned development, residential, golf course, open space, resort, commercia!, or industrial use; A statement of projected number of lots, lot size, number of units, densities, selling price, intended market, and development timetables; A statement describing the financial condition together with a current certified balance sheet and income statement as of the end of the last calendar year, or if the petitioner is on a fiscal year basis, as of the end of the petitioner's last fiscal year, and a clear description of the manner in which the petitioner proposes to finance the proposed use or development. If such information is protected from disclosure under chapter 92F, HRS, the petitioner may request a protective order to protect the confidentiality of the information pursuant to section 15-15-70.1. A petitioner which is a state or county department or agency, shall be exempt from this requirement; Description of the subject property and surrounding areas including the use of the property over the past two years, the present use, the soil classification, the agricultural lands of importance to the State of Hawai'i classification (ALISH), the Land Study Bureau productivity rating, the flood and drainage conditions, and the topography of the subject property; An assessment of the impacts of the proposed use or development upon the environment, agriculture, recreational, cultural, historic, scenic, flora and fauna, groundwater, or other resources of the area. If required by chapter 343, HRS, either a finding of no significant impact after review of an environmental assessment or an 36 environmental impact statement conforming to the requirements of chapter 343, HRS, must be filed; 12 Availability or adequacy of public services and facilities such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation systems, public utilities, police and fire protection, civil defense, emergency medical service and medical facilities, and to what extent any public agency would be impacted by the proposed development or boundary amendment; 13 Location of the proposed use or development in relation to adjacent land use districts and any centers of trading and employment; 14 Economic impacts of the proposed boundary amendment, use, or development including, without limitation, the provision of any impact on employment opportunities, and the potential impact to agricultural production in the vicinity of the subject property, and in the county and State; 15) A description of the manner in which the petitioner addresses the housing needs of low income, low-moderate income, and gap groups; (16) An assessment of need for the boundary amendment based upon the relationship between the use or development proposed and other projects existing or proposed for the area and consideration of other similarly designated land in the area; (17) An assessment of conformity of the boundary amendment to applicable goals, objectives, and policies of the Hawai'i state plan, chapter 226, HRS, and applicable priority guidelines and functional plan policies; (18) An assessment of the conformity of the boundary amendment to objectives and policies of the coastal zone management program, chapter 205A, HRS; 19) An assessment of conformity of the boundary amendment to the applicable county general plans, development or community plans, zoning designations and policies, and proposed amendments required; (20) Petitioners submitting petitions for boundary amendment to the urban district shal! also represent that development of the subject property in accordance with the demonstrated 37 need therefor will be accomplished before ten years after the date of commission approval. In the event full urban development cannot substantially be completed within such period, the petitioner shall also submit a schedule for development of the total of such project in increments together with a map identifying the location of each increment, each such increment to be completed within no more than a ten-year period; 21) A statement addressing Hawaiian customary and traditional rights under Article XII, section 7 of the Hawai'i State Constitution; (22) Any written comments received by the petitioner from governmental and non- governmental agencies, organizations, or individuals in regards to the proposed boundary amendment; and (23) A copy of the notification of petition filing pursuant to subsection (d). (d) The petitioner shall send a notification of petition filing to persons included on a mailing list provided by the chief clerk. The notification of petition filing shall be in a form as prescribed by the executive officer, and shall include, but not be limited to, the following information: (I) Petitioner's name and mailing address; (2) Landowner's name; (3) Tax map key identification of the property requested for boundary amendment; (4) Location of the property; 5) Requested boundary amendment and approximate acreage; 6) Proposed use of the property; 7) A statement that detailed information on the petition may be obtained by reviewing the petition and maPs on file at the office of the commission or the respective county planning department or at the commission's website; 8) A statement that informs potential intervenors on the mailing list provided by the commission that they may file a notice of intent to intervene with the commission Within thirty days of the date of the notification of petition filing pursuant to section 15-15-52(b); (9) A statement that informs the general public to contact the office of the commission for information on participating in the hearing; 38 and (i0) A location map depicting the petition area. The notification of petition filing shall be sent to all persons on the mailing list on the same day that the petition is filed with the commission. The petitioner shall submit to the commission an affidavit that the petitioner has sent the notification of petition filing pursuant to this subsection. (e) The executive officer shall receive and complete a review of the petition for completeness within thirty days of the filing of the petition. The provisions herein, however, are subject to the requirements of subsection (b) on petitions for reclassification of conservation district lands. (f) Upon completion of the review pursuant to subsection (e), the executive officer shall determine whether the petition is a proper filing and is accepted for processing. The petition shall be deemed a proper filing if the items required in subsections (a), (b), (c), and (d) have been submitted. The petition may be deemed defective by the executive officer if any of the items required in subsections (a), (b), (c), or (d) have not been submitted. If the petition is deemed defective, the executive officer shall notify the petitioner of the determination and the reasons for the determination. The petition may be deemed as a proper filing upon review of the additional information submitted and upon determination by the executive officer, and the date the petition wil! be deemed a proper filing will be the date the executive officer determines the defects have been cured. The executive officer will file a notice of proper filing and mail the notice to the petitioner, the State office of planning, the county planning agency, and to persons who have filed a notice of intent to intervene. The executive officer's determination is subject to review in accordance with section 15-15-41. The provisions herein, however, are subject to the requirements of section 15-15-50(b) on petitions for boundary amendment of conservation district lands. (g) The petitioner has a continuing obligation to update the information submitted in the petition prior to and during the pendency of the hearing on the petition. [Elf 10/27/86; am 3/24/94; am and comR 8/16/97; am and comp 5/8/00; am and comp NOV 0 22013 ] (Auth: HRS ÿ§205-i, 205-4, 205-7) (Imp: HRS §§91-2, 205-4) §15-15-50.5 Dismissal of petition for failure 39 3O 8 1 I to provide additional information or correct defects. Where the executive officer, pursuant to section 15-15- 50(f), has determined that a petition is defective or nonconforming and the petitioner has not provided additional information or cured any defects within nine (9) months after the date of issuance of the notice that the petition is defective, the executive officer shall notify the petitioner in writing that the petition is dismissed for want of prosecution unless objections thereto, showing good cause with specific reasons, are filed within ten days after the date of such notification. If objections are not filed within said ten-day period, the executive officer shal! file an order of dismissa! with or without prejudice. If objections are filed within said ten-day period, the commission shal! hear the objections upon notice and determine whether the petition should be dismissed. [Elf and comp NOV 0 22013 ] (Auth: HRS ÿ205-i, 205- 4, 205-7) §15-15-50.6 Withdrawal or amendment of petition. (a) The petitioner may withdraw or amend the petition without prejudice: (i) at any time before a petition for district boundary amendment is deemed a proper filing or, (2) any time after a petition for district boundary amendment has been deemed a proper filing but before it has been set for hearing; provided that if substantive amendments are made, the filing date for the petition shall be the date the amended petition is deemed a proper filing, and petitioner must send a notification of filing of the amended petition in conformance with the requirements of section 15-15- 50(d) . (b) If a petition for district boundary amendment has been set for hearing, the petition may be withdrawn only upon the commission's granting of a motion for withdrawal filed by the petitioner. In the event the commission grants a motion to withdraw, the petitioner may not refile the petition within one year after the granting of the motion for withdrawal. (c) If a petition for district boundary amendment has been set for hearing, the petition may be amended only in compliance with the requirements of section 15- 15-43. [Elf and comp NOV 0 22013 ] (Auth: HRS §205-i, 205-4, 205-7) SUBCHAPTER 7 AGENCY HEARING AND POST HEARING PROCEDURES 4O 3081 §15-15-51 Notice of hearing for boundary amendment petitions. (a) Not less than sixty days and not more than one hundred eighty days after the proper filing of a petition for boundary amendment, a hearing shall be conducted by the commission or a hearings officer on the island in which the subject property is situated. (b) The notice of hearing shall be served on the office of planning, the planning commission and the planning department of the county in which the subject property is situated, the appropriate planning commission of the island on which the subject property is situated, all persons with a property interest in the subject property that is recorded in the county's real property tax records at the time the petition is submitted, all persons with an easement over, on, upon or through the subject property, and all persons who appear on the county tax map to have an interest in the subject property. In addition, notice of the hearing shall be mailed to all persons who have made a timely written request for advance notice of boundary amendment proceedings. (c) The notice of hearing for a boundary amendment shall be published at least once in the county in which the land sought to be redistricted is situated as well as once statewide at least thirty days in advance of the hearing. The notice of hearing shall also be filed with the lieutenant governor's office at least six calendar days before the hearing. (d) The notice of hearing of a boundary amendment shall include: (i) The date, time, place, and nature of the hearing; (2) The legal authority under which the hearing is to be held; (3) The particular sections Of the statutes and rules involved; (4) An explicit statement in plain language of the issues involved; (5) The fact that parties may retain an attorney if they so desire and the fact that an individual may appear on the individual's own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation, trust, or other legal entity may represent the corporation, trust, or other legal entity; (6) Where the map of the subject property or petition may be inspected; and 41 (7) The rights of interested persons under section 205-4(e), HRS. (e) The hearing may be continued or reopened by the commission when necessary, provided that notice is given pursuant to Section 92-7, HRS, and the continued or re-opened hearing shall not extend beyond three hundred sixty-five days from the date the petition is deemed properly filed, unless an extension of time is requested by motion by any party, by stipulation, or by the commission on its own motion, so long as the commission votes affirmatively on the motion or stipulation by a two-thirds vote of the membership of the commission. The extension of time shall not exceed ninety days beyond three hundred sixty-five days from the date the petition is deemed properly filed. [Eff10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp NOV 0 ÿ2013 ] (iuth: HRS §ÿ205-i, 205-4, 205-7) (Imp: HRS §ÿi-28o5, 91-9, 92-7, 92-41, 205-4) 15-15-52 Intervention in proceeding for district boundary amendments, except proceedings pursuant to chapter 201H, HRS. (a) The petitioner, the state office of planning, and the planning department of the County within which the subject land is situated shall appear in every case as parties, and make recommendations relative to the proposed boundary amendment. (b) Within thirty days of the date of the notification of petition filing pursuant to section 15- 15-50(d), persons who intend to intervene may file a notice of intent to intervene with the commission. The notice of intent to intervene shal! provide, but not be limited to, the following information: (i) The person's name and mailing address; and (2) The nature and extent of the person's interest in the petition. The notice of intent to intervene shall be served upon the petitioner, the state office of planning, and the respective county planning department. Upon receipt of a notice of intent to intervene, the petitioner shall serve a copy of the petition filed with the chief clerk upon the potential intervenor. All persons who wish to formally intervene shal! comply with subsections (e), (f), (g), and (h). (c) Persons who may intervene upon timely application include: (i) All departments and agencies of the State and of the county in which the land is situated; 42 ]081 jaa and (2) All persons who have a property interest in the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the genera! public. (d) All other persons may apply for leave to intervene, which shall be freely granted, provided the commission or its hearings officer may deny an application to intervene when, in the commission's, or hearings officer's discretion it appears that: (i) The position of the applicant for intervention is substantially the same as the position of a party already admitted to the proceeding; and (2) The admission of additional parties will render the proceedings inefficient and unmanageable° (e) In a boundary amendment proceeding, petitions to intervene and become a party shall be in conformity with subchapter 5 and filed with the commission. An original and one paper copy, plus one electronic copy, of the petition for intervention with proof of service on all parties shall be filed with the commission within fifteen calendar days after the notice of hearing is published pursuant to section 15-15-51(c). Except for good cause shown, late filing shall not be permitted. The number and format of copies required under this section may be modified by order of the commission. (f) Petitions for intervention shal! make reference to the following: (i) Nature of the petitioner's statutory or other right; (2) Nature and extent of the petitioner's interest in the matter, and if an abutting property owner, the tax map key description of the property; and (3) Effect of any decision in the proceeding on the petitioner's interest° (g) Petitions for intervention pursuant to subsection (d) shall also make reference to the following: (i) (2) Other means available whereby the petitioner's interest may be protected; Extent the petitioner's interest will not be represented by or differs from that of existing parties; 43 (3) Extent the petitioner's participation can assist in development of a complete record; (4) Extent the petitioner's participation will broaden the issues; and (5) How the petitioner's intervention would serve the public interest. (h) Petitions for intervention shall be accompanied by a filing fee as provided for in section 15-15-45.1. The fee shall not apply to state and county agencies. (i) If any party opposes the petition for intervention, the party shall file a pleading in opposition within seven days after being served. (j) All petitions to intervene shall be heard prior to the scheduled hearing. (k) A person whose petition to intervene has been denied may appeal the denial to the circuit court pursuant to section 91-14, HRS. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp NOV 02ÿ013 ] (Auth: HRS ÿ§205-i, 205-4, 205-7, SLH 1995, Act 235, ÿ2) (Imp: HRS §205-4, SLH 1995, Act 235, @i) §15-15-53 Intervention in other than district boundary amendment proceeding or important agricultural lands designation proceeding. (a) In any proceeding other than a district boundary amendment proceeding or important agricultural lands designation proceeding before the commission, petitions to intervene and become a party shall conform to subchapter 5 and be filed no later than fifteen days after the date of the publication of the hearing notice. (b) Contents of the petition shall conform to sections 15-15-52(e) and 15-15-52(f). (c) Petitions to intervene in special permit proceedings will not be considered since the record is made by and before the county planning commission. JEff i0/%ÿ8ÿ% am and comp 8/16/97; comp 5/8/00; am and comp--ÿ013 ] (Auth: HRS §ÿ205-i, 205-4, 205- 7) (Imp: HRS §@205-i, 205-4)