HAR §15-15-91. Applicability

Conditions imposed by the commission shall run wi th the land and shall be binding upon the petitioner and each and every subsequent owner, lessee, sub-lessee, transferee, 15-93 i I 3 3 5. 1 I. 'l 1""~ li\'~ ~~ §l~-15-91 grantee, assignee, or developer. [Eff 10/27/86; comp 8/16/976· am and comp 5/8/00; comp 11/2/2013; comp CT 1 8 201~ ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §205-4) §15-15-92 Filing procedure for conditions imposed by the commission. (a) Within seven days of issuance of the decision and order pursuant to section 15-15-83, the petitioner shall file a notice of imposition of conditions, in a form prescribed by the executive officer, with the bureau of conveyances. (b) All conditions imposed by the commission in its decision and order and conditions pursuant to section 15-15-90(e), shall be recorded at the bureau of conveyances and shall comply with the following procedures: (1) The document listing the conditions shall be submitted to the commission for review and approval by the executive officer prior to filing with the bureau of conveyances; (2) The petitioner shall record the conditions at the bureau of conveyances within sixty days after the receipt of the decision and order requiring the same. The timeframe for recordation of the condition may be extended pursuant to section 15-15-42; (3) Evidence of recordation shall be by certified copy under the signature of the registrar of conveyances. The petitioner shall forward a certified copy to the commission; and (4) Description of the land shall be sufficiently accurate to identify the land intended to be affected. [Eff 10/27 /86; am and comp 8/16/97; am an~c~OfP. 5/8}00; am a nd comp 11/2/2013; comp U · I 8 2019 ] (Auth: HRS §§205- 1, 205-7) (Imp: HRS §§91-2, 205-4) 15-94 §15-15-93 §15-15-93 En~orcernent of conditions, representations, or commitments. (a) Any party or interested person may file a motion with the commission requesting an issuance of an order to show cause upon- a showing that there has been a failure to perform a condition, representation, or commitment on the part of the petitioner. The party or person shall also serve a copy of. the motion for an order to show cause upon any person bound by the condition, representation, or commitment. The motion for order to show cause shall state: (1) The interest of the movant; (2) The reasons for filing the motion; (3) A description and a map of the property affected by the condition; (4) The condition ordered by the commission which has not been performed or satisfied; (5) Concisely and with particularity the facts, supported by an affidavit or declaration, giving rise to a belief that a condition ordered by the commission has not been performed or satisfied; and (6) The specific relief requested. (b) Whenever the commission shall have reason to believe that there has been a failure to perform according to the conditions imposed, or the representations or commitments made by the petitioner, the commission shall issue and serve upon the party or person bound by the conditions, representations, or commitments, an order to show cause why the property should not revert to its former land use classification or be changed to a more appropria~e classification. The commission shall serve the order to show cause in writing by registered or certified mail with return receipt reqµested at least thirty days before the hearing. A copy shall be also sent to all parties in the boundary amendment proceedings. The order to show cause shall include: (1) A statement of the date, time, place, and nature of the hearing; (2) A description and a map of the property to 15- 95 ·3 3 51 ~~, §15-15-93 be affected; (3) A statement of the legal authority under which the hearing is to be held; (4) The specific sections of the statutes, or rules, or both, involved; and (5) A statement that any party may retain counsel if the party so desires. (c) The commission shall conduct a hearing on an order to show cause in accordance with the requirements of subchapter 7, where applicable. Any procedure in an order to show cause hearing may be modified or waived by stipulation of the parties and informal disposition may be made in any case by stipulation, agreed settlement, consent order, or default. (d) Post hearing procedures shall conform to subchapter 7 or subchapter 9. Decisions and orders shall be issued in accordance with subchapter 7 or subchapter 9. (e) Absent substantial commencement of use of the land, the commission may revert the property to its former land use classification or a more appropriate classification. For the purposes of this subsection (e) substantial commencement shall be determined based on the circumstances or facts presented in the order to show cause regardless of dollar amount expended or percentage of work completed . (f) The commission shall amend its decision and order to incorporate the order to show cause by including the reversion of the property to its former land use classification or to a more appropriate classification. (g) Fees for a motion for order to show cause will be borne by the movant pursuant to section 15-15- 45.1 herein . However, should the motion for order to show cause be granted, any further fees for proceedings arising f rom the motion shall be borne by the party upon which the order to show cause has been issued. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp 11/2/2013; am and comp OCT 1 8 2019 ] (Auth : HRS §§205- 1, 15- 96 1} 3 51 §15-15-95 205-7) (Imp: HRS §§91-2, 205-4, 205-12, 205-17) §15-15-94 Modification or deletion of conditions or orders . (a) If a petitioner, pursuant to this subsection, desires to have a modification or deletion of a condition that was imposed by the commission, or imposed pursuant to section 15-15-90(e) or (f), or modification of the commission's order, the petitioner shall file a motion in accordance with section 15-15-70 and serve a copy on all parties to the boundary amendment proceeding in which the condition was imposed or in which the order was issued, and to any person that may have a p~operty interest in the subject property as recorded in the county's real property tax records at the time that the motion is filed. (b) For good cause shown, the commission may act to modify or delete any of the conditions imposed or modify the commission's order. (c) Any modification or deletion of conditions or modifications to the commission's order shall follow the procedures set forth in subchapter 11. [Eff 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp 11/2/2013; comp OCT t 8 2019 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §2c15-4) SUBCHAPTER 12 SPECIAL PERMITS §15-15-95 Petition before county planning commission. (a ) Any person who desires to use land within an agricultural or rural district for other than a permissible agricultural or ruial use may petition the county planning commission of the county within which the land is located for a special permit 15-97 §15-15-95 to use the land in the manner desired; provided that if the person is not the owner or sole owner in fee simple of the land, the record shall include evidence that the person requesting the special permit has written authorization of all fee simple owners to file the petition, which authorization shall also include an acknowledgement that the owners and their successors shall be bound by the special permit and its conditions. (b) Special permits for areas greater than fifteen acres require approval of both the county planning commission and the commission. Special permits approved by the county planning commission and which require commission approval must be forwarded to the commission within sixty days following the county planning commission's·decision. The county shall assure that prior to the county hearing on the petition for special permit, copies of the special permit petit~on are forwarded to the land use commission, the state office of planning, and the department of agriculture for their review and comment. The decision of the county planning commission recommending approval of the special permit, together with the complete record, including maps, charts, other exhibits and other evidence, and the complete transcript ·of the proceeding before the county planning commission must be transmitted to the commission . Unless otherwise required by the commission, the planning commission shall file with the commission an original, one paper copy of the complete record, together with an electronic copy of the complete record. The number and format of copies required under this section may be modified by order of the commission. (c) Certain "unusual and reasonable" uses within agricultural and rural districts other than those for which the district is classified may be permitted. The following guidelines are established in determining an "unusual and reasonable use": (1) The use shall not be contrary to the objectives sought to be accomplished by chapters 205 and 205A, HRS, and the rules of 15-98 3 3 51 §15-15-95 the commission; (2) The proposed use would not adversely affect surrounding property; (3) The proposed use would not unreasonably burden public agencies to provide roads and streets, sewers, water drainage and school improvements, and police and fire protection; (4) Unusual conditions, trends, and needs have arisen since the district. boundaries and rules were established; and (5) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. (d) Petitions fbr issuance of a special .permit shall specify the proposed use and state concisely the nature o+ the petitioner's interest in the subject matter and the reasons for se~king the special permit, and shall include any facts, views, arguments, maps, plans, and relevant data in support of the petition. (e) The petitioner shall comply with all of the rules of practice and procedure of the county planning commission in which the subject property is located. (f) The county planning commission may impose such protective conditions as it deems necessary in the issuance of a special permit. The county planning commission shall -establish, among other conditions, a reasonable time limit ~uited to establishing the particular use proposed, and if appropriate, a time limit for the duration of the proposed use, which shall be a condition of the special permit; ·provided, however, that· the commission for good cause shown, may specify or change the time period of the special permit. If the permitted use is not substantially established to the satisfaction of the county planning commission within the specified time, it may revoke the permit. The county planning commission, with the concurrence of the commission, may extend the time limit if it deems that circumstances warrant the granting of the extension. [Eff 10/27/86; am and comp 8/16/97;Qxfmp 5/8/00; am and comp 11/2/2013; comp l.. l 8 2019 ] (Auth: HRS §§205-1, 205-7) 15-99 3 3 51 ~1~ §15-15-95 (Imp: HRS §205-6)