HAR §15-15-95.1. Applicability of subchapter 5

Except as otherwise provided in this subchapter, the procedural provisions of subchapter 5 shall apply to petitions for special permits. [Elf and comp NOV 0 2ÿ013 ] (Auth: HRS §§205-1, 205-7) §15-15-96 Decision and order by the land use commission. (a) Within forty-five days after receipt of the county planning commission's decision and the complete record of the proceeding before the county planning commission, as determined by the executive officer, the commission shall act to approve, approve with modification, or deny the petition. The commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the petitioner. Upon determination by the commission, the petition may be remanded to the county planning 78 commission for further proceedings. (b) The commission shall not consider any petition for specia! permit 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 the filing of the findings of fact, conclusions of law, and decision and order denying the petition for special permit 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 the filing of the findings of fact, conclusions of law, and decision and order. Additionally, the commission shall not consider any petition for special permit for the same request involving the same land that was before the commission and withdrawn voluntarily by the petitioner within one year of the date of the withdrawal. (c) A denial or modification of the special permit, as the case may be, of the proposed use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawai'i rules of civil procedure. (d) If a specia! permit is approved pursuant to section 91-13.5, HRS, the provisions of section 15-15- 82(e) and section 15-15-90(f) shall apply. JEff 10/27/86; am and comb 8/16/97; am and comp 5/8/00; am and comp NOV 022013 ] (iuth: HRS §§91-13.5, 205-1, 205-7) (Imp: HRS §§91-13.5, 205-6) 15-15-96.1 Modification of special permit. Any request for modification of a special permit or modification, release, or deletion of a condition imposed on a special permit, whether imposed by the county planning commission or the commission, shall first be submitted to the appropriate county planning commission and, for specia! permits for land greater than fifteen acres in size, the commission, for consideration and decision. The decision of the county planning commission with respect to modification of a special permit, or modification, release or deletion of a condition to a specia! permit shall comply with the requirements of section 15-15-95 and 15-15-96. [Elf and comp NOV 0220|3 ] (Auth: HRS ÿ205-i, 205-7) SUBCHAPTER 13 79 GOVERNMENT SPONSORED HOUSING PROJECTS 15-15-97 Procedure for processing petitions for housing projects under section 201H-38, HRS. (a) Petitions for housing projects under section 201H-38, HRS, shall be processed according to the procedures provided in this section. (b) Not less than sixty days prior to the filing of a petition, the petitioner shall: (i) File an original, one paper copy,, and one electronic copy of a notice of intent to file a petition with the commission according to a format provided by the commission; the number and format of copies required under this section may be modified by order of the commission; (2) Publish the notice of intent at least once in a newspaper of genera! circulation in the State as well as in a county newspaper in which the subject property is situated. The notice of intent shall include: (A) The name and address of the petitioner and the petitioner's property interest in the subject property; (B) Proposed boundary amendment; (C) Tax map key; (D) Acreage; (E) Existing land use; (F) Brief description of the proposed development or use; (G) The date that the petitioner shall file its petition with the commission; and (H) Inform the public of the rights of interested persons under section 205- 4(e), HRS; (3) Serve copies of the notice of intent to file a petition upon the director of the state office of planning, the planning department of the county in which the subject property is situated, and persons with a property interest in the subject property that is recorded in the county's real property tax records. The notice of intent to file a petition shall also be sent to persons on a mailing list provided by the chief clerk. In proceedings related to 201H petitions, the petitoner's notice of intent shal! also serve as the notice of hearing for the purposes of 8O intervention; (4) File an original and one paper copy of an affidavit of mailing the notices of intent to the persons specified in paragraph (3); and (5) File an affidavit of publication of the notice of intent to file a petition in compliance with paragraph (2). (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; and (2) Al! persons who have a property interest in the land, or who otherwise can demonstrate that they wil! 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 hearing 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 wil! render the proceedings inefficient and unmanageable. (e) Petitions to intervene and become a party shal! be in conformity with subchapter 5 and filed with the commission. An origina! and one paper copy, together with one electronic copy of the petition for intervention with proof of service on all parties shall be filed with the commission within fifteen days after the notice of intent to file a petition is published pursuant to section 15-15-97(b) (2)° Except for good cause shown, late filing shall not be permitted. (f) The petition for intervention shall make reference to the following: (i) Nature of the proposed intervenor's statutory or other right; (2) Nature and extent of the proposed intervenor's interest, 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 proposed intervenor's interest. 81 3081 (g) If applicable, the petition shall also make reference to the fol!owing: (i) Other means available whereby the proposed intervenor's interest may be protected; (2) Extent the proposed intervenor's interest may be represented by existing parties; (3) Extent the proposed intervenor's interest in the proceeding differs from that of the other parties; (4) Extent the proposed intervenor's participation can assist in development of a complete record; (5) Extent the proposed intervenor's participation will broaden the issues; and (6) Extent the proposed intervenor's intervention would serve the public interest. (h) Petitions for intervention sh&ll be accompanied by a filing fee of $50. The fee shall not apply to state and county agencies. (i) The commission may conduct a pre-application meeting with the petitioner and proposed parties to the proceeding for the purpose of determining information requirements, possible issues, proposed stipulations, and other matters which may assist in contributing to a more orderly hearing process. (j) If the petitioner fails to file the petition on the date stated in its notice of intent, the petitioner shal! refile a notice of intent in the manner set forth in this section. (k) The petitioner shall file a petition in conformance with subchapters 5 and 6 except that at the time of filing, the petition shall include: (i) A finding of no significant impact or approved environmental impact statement if conservation district lands are involved; (2) A proposed decision and order; (3) An affidavit that the petitioner has met with interested community groups to discuss the proposed project; (4) A clear description of the manner in which petitioner proposes to finance the proposed development, including a budget, a marketing plan, and a feasibility study; aid (5) A certification from the Hawai'i housing finance and development corporation or county housing agency that the petition involves a section] 201H-38, HRS, housing project. (i) Petitions that fail to comply with the requirements set forth in subsections (b) and (k) shall 82 be deemed defective and the date of filing of the petition shal! be as of the date the defect is cured. (m) The hearing on the application shall be conducted in accordance with subchapter 7, except that the time requirements for holding a hearing, statement of position, and decision making shall not apply. (n) Notice of the hearing shall be published to the extent provided by law. (o) The commission shall approve or disapprove a boundary amendment within forty-five days after the petition has been deemed a proper filing by the executive officer° If on the forty-sixth day the petition is not disapproved, it shal! be deemed approved by the commission, and the provisions of section 15-15-90(e) shall apply. JEff 3/20/87; am 7/18/94; am and comp 8/16/97; am and comp 5/8/00; am and comp NOV 0 220ÿ ] (iuth: HRS §§201G-I18, 205-1, 205-4, 205-7) (Imp: HRS ÿ205-4, 201G-i18) 15-15-97.1 REPEALED. [R 5/8/00]