HAR §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: (1) 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 15- 76 §15-15-78 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 bound~ry amendment of the total subject property 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 proper ty, 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 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 ba?is. (c) Upon receipt of an application for boundary amendment for the second and subsequent increments of property for which previous approval for incremental development has been granted by the commission, substantial completioh of any offsite and onsite improvements of the development, in accordance with the approved incremental plan, of the preceding increment that received boundary amendment will be prima facie proof that the approved incremental· plan complies with the requirements for boundary amendment . (d) The following are procedures for processing incremental boundary amendment applications: (1) The petitioner shall file an original, 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 15- 77 3 3 51 §15-15- 78 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 prehearing conference may be conducted pursuant to section 15-15-57; (5) A notice of hearing shall be published notifying the public of the time and place the application will be considered by the commission and will provide for the admission of public witnesses; (6) The procedures for hearing the application will be subject to the timeframes presently · existing for district boundary amendments, and the provisions of section 15-15-13; and (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. [Eff 10/27/86; am and comp 8/16/97; am and comp 5/..S.l.fO; am and comp 11/2/2013; comp Ul; 1 8 2019 ] (Auth: HRS §§205-1, 205- 7) (Imp: §205-4)