HAR §15-15-73. Post hearing procedures

Post hearing procedures shal! conform to subchapters 9 and i0. [Elf 10/27/86; comp 8/16/97; comp 5/8/00; c0mp NOV 0 2013 ] (Auth: HRS §5205-1, 205-7) (Imp: HRS 591-2) 515-15-74 Decision. (a) For district boundary amendment petitions filed before December 31, 1995, within a period of not more than one hundred twenty days after the c!ose of the hearing, unless otherwise ordered by the court, the commission, by filing findings of fact and conclusions of law, shall act to approve the petition, deny the petition, or to modify the petition by imposing conditions in accordance with subchapter ii. (b) For district boundary amendment petitions filed on or after July 14, 1998, prior to a period of not more than three hundred sixty-five days after the petition has been deemed a proper filing by the commission or the executive officer, unless otherwise ordered by a court, or unless a time extension, not to exceed ninety days, is established by a two-thirds vote of the members of the commission, the commission, by filing findings of fact and conclusions of law, shall act to approve the petition, deny the petition, or to modify the petition by imposing conditions in accordance with subchapter ii. If the commission fails to act on the petition pursuant to section 205-4(g), HRS, the petition shall be deemed approved, subject to the provisions of section 15-15-90(e). (c) Notwithstanding subsections (a), and (b), decisions for petitions submitted pursuant to section 201H-38, HRS, shall be made in the timeframe as provided in section 15-15-97. JEff 10/27/86; am 3/24/94; am and comp 8/16/97; am and comp 5/8/00; am and comm NOV @ 22013 ] (iuth: HRS 5591-13.5, 205-1, 205-4, 205-75) (Imp: HRS 55 91-13.5, 201G-I18, 205-4, SLH 1992, Act 227, §i, SLH 1994, Act 261, 51) 515-15-75 Appeals. Parties to proceedings to amend land use district boundaries may obtain judicial reviews thereof in the manner set forth in section 91-14, HRS. JEff 10/27/86; comp 8/16/97; comp 5/8/00; comp NOV 0 22013 ] (Auth: HRS 55205-1, 57 205-7) (Imp: HRS ÿ§91-14, 205-4) §15-15-76 Re-application by the petitioner for boundary amendment. (a) The commission shall not accept any petition for boundary amendment covering substantially the same request for substantially the same land as had previously been denied by the commission within one year of the date of filing findings of fact and conclusions of law denying the petition unless the petitioner submits significant new data or additiona! reasons which substantially strengthen the petitioner's position, provided that in no event shall any new petition be accepted within six months of the date of filing of the findings of fact and conclusions of law. (b) Additionally, the commission shall not accept any petition for boundary amendment for the same request involving the same land that was before the commission and withdrawn voluntarily by the petitioner within one year of the date of the withdrawal. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 ÿ2013 ] (Auth: HRS ÿ§205-i, 205-7) (Imp: HRS §91-2) SUBCHAPTER 8 DECISION-MAKING CRITERIA FOR BOUNDARY AMENDMENTS §15-15-77 Decision-making criteria for boundary amendments. (a) The commission shall not approve an amendment of a land use district boundary unless the commission finds upon the clear preponderance of the evidence that the proposed boundary amendment is reasonable, is not violative of section 205-2, HRS, and is consistent with the policies and criteria established pursuant to sections 205-16, 205-17, and 205A-2, HRS. (b) In its review of any petition for amendment of district boundaries pursuant to this chapter, the commission shall specifically consider the following: (i) The extent to which the proposed boundary amendment conforms to the applicable goals, objectives, and policies of the Hawai'i state plan and relates to the applicable priority guidelines of the Hawai'ÿ state plan and the adopted functional plans; (2) The extent to which the proposed boundary amendment conforms to the applicable 58 district standards; (3) The impact of the proposed boundary amendment on the following areas of state concern: (A) Preservation or maintenance of important natural systems or habitats; B) Maintenance of valued cultura!, historical, or natural resources; C) Maintenance of other natura! resources relevant to Hawai'i's economy including, but not limited to agricultural resources; D) Commitment of state funds and resources; E) Provision for employment opportunities and economic deve!opment; and (F) Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups; (4) In establishing the boundaries of the districts in each county, the commission shall give consideration to the general plan, and community, deve!opment, or community deve!opment plans of the county in which the land is located; (5 The representations and commitments made by the petitioner in securing a boundary amendment, including a finding that the petitioner has the necessary economic ability to carry out the representations and commitments relating to the proposed use or development; 6 Lands in intensive agricultural use for two years prior to date of filing of a petition or lands with a high capacity for intensive agricultural use shal! not be taken out of the agricultura! district unless the commission finds either that the action: (A) Will not substantially impair actua! or potential agricultural production in the vicinity of the subject property or in the county or State; or (B) Is reasonably necessary for urban growth; and 7 In considering boundary amendments for lands designated important agricultural lands pursuant to part III, chapter 205, HRS, the commission shal! specifically consider the standards and criteria set forth in section 205-50, HRS. c) Amendments of a land use district boundary in conservation districts involving land areas fifteen 59 3081. ;ram acres or less shall be determined by the commission pursuant to this subsection and section 205-3.1, HRSo (d) Amendments of a land use district boundary in other than conservation districts involving land areas fifteen acres or less shall be determined by the appropriate county land use decision-making authority for the district. (e) Amendments of a land use district boundary involving land areas greater than fifteen acres shall be determined by the commission, pursuant to this subsection and section 205-3.1, HRS. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 22013 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS @ÿ205-3.1, 205-4, 205-16, 205-17) @15-15-78 Incremental districting. (a) If it appears to the commission that full development of the subject property cannot substantially be completed within ten years after the date of the commission's approval and that the incremental development plan submitted by the petitioner can be substantially completed, and if the commission is satisfied that all other pertinent criteria for amending the land use boundary for the subject property or part thereof are present, then the commission may: (i) Grant the petitioner's request to amend the land use boundary for the entire subject property; or (2) Amend the land use boundary for only that portion of the subject property which the petitioner plans to develop first and upon which it appears that substantial development can be completed within ten years after the date of the commission's approval. At the same time, the commission shall indicate its approval of the future land use boundary amendment of the total subjectproperty requested by the petitioner, or so much thereof as shall be justified as appropriate therefor by the petitioner, such approval to indicate a schedule of incremental land use boundary amendments over successive periods not to exceed ten years each. The commission may amend the land use boundary of the subject property, if it finds such an amendment is justified. (b) In amending a land use district boundary on an incremental basis, in addition to standards in this subchapter, the commission may consider projected population growth for the area, other lands that have 6O received boundary amendments in the area, the availability of and impacts on resources, and the desirability of directing growth and development to the area over a long term basis. (c) Upon receipt of an application for boundary amendment for the second and subsequent increments of property for which previous approval for incrementa! development has been granted by the commission, substantial completion of any offsite and onsite improvements of the deve!opment, in accordance with the approved incremental plan, of the preceding increment that received boundary amendment will be prima facie proof that the approved incrementa! plan complies with the requirements for boundary amendment. (d) The following are procedures for processing incrementa! boundary amendment applications: (i) The petitioner shall file an origina!, one paper copy and one electronic copy of an application to approve the second or subsequent increments utilizing the same docket number as the original petition. The number and format of copies required under this section may be modified by order of the commission; (2) The petitioner shall serve copies of the application on all parties of record in the original proceeding; (3) The application shall include facts, affidavits or declarations, and other documentation, including a metes and bounds description and map, in support of the fact that the petitioner has substantially completed offsite and onsite improvements, complied with chapter 343, HRS, where applicable, and complied with conditions of the commission approval in accordance with the approved incremental plan of the preceding increment receiving a boundary amendment; (4 A preheating conference may be conducted pursuant to section 15-15-57; (5 A notice of hearing shal! be published notifying the public of the time and place the application will be considered by the commission and wil! provide for the admission of public witnesses; (6 The procedures for hearing the application wil! be subject to the timeframes presently existing for district boundary amendments, and the provisions of section 15-15-13; and 61 (7) The petitioner shall provide notice of the application to all persons having a property interest in the increment for which a land use district boundary amendment is sought. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp N0V 0 212013 ] (Auth: HRS §§205-1, 205-7) (Imp: §205-4) 15-15-79 Performance time. (a) Petitioners granted district boundary amendments shall make substantial progress within a reasonable period, as specified by the commission, from the date of approval of the boundary amendment, in developing the property receiving the boundary amendment. The commission may act to amend, nullify, change, or reverse its decision and order if the petitioner fails to perform as represented to the commission within the specified period. (b) The commission may provide by condition that absent substantial commencement of use of the subject property or substantial progress in developing the land receiving the boundary amendment in accordance with representations and commitments made by the petitioner to the commission, the commission shall issue and serve upon the party bound by the condition an order to show cause why the property should not revert to its former land use district classification or be changed to a more appropriate land use district classification. Such conditions, if any, shall run with the land and be recorded in the bureau of conveyances pursuant to section 15-15-92. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and compmp:N0V 0 ÿ]3 ] (Auth: 20s-4, 205-7) 20 -4) SUBCHAPTER 9 POST HEARING PROCEDURES FOR HEARINGS BEFORE THE COMMISSION