HAR §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, together with the complete record of the proceeding before the county planning commission, 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 commission for further proceedings. (b) The commission shall not consider any petition for special 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 additional 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any petition for special permit for the same request involving the same land that was before the commission and withdrawn voluntarily by the petitioner within one year of the date of the withdrawal. - 51 - Hawai`i Administrative Rules Title 15, Chapter 15 - Unofficial (c) A denial or modification of the special permit, as the case may be, of the desired 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 special 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. [Eff 10/27/86; am and comp 8/16/97; am and comp May 08 2000] (Auth: HRS §§91-13.5, 205-1, 205-7) (Imp: HRS §§91-13.5, 205-6) SUBCHAPTER 13 GOVERNMENT SPONSORED HOUSING PROJECTS §15-15-97 Procedure for processing petitions for housing projects under section 201G-118, HRS. (a) Petitions for housing projects under section 201G-118, 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: (1) File an original and fifteen copies of a notice of intent to file a petition with the commission according to a format provided by the commission; (2) Publish the notice of intent at least once in a newspaper of general 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 reclassification; (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 office of planning, the planning department of the county within 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; (4) File an original and fifteen copies of an affidavit of mailing the notices of intent to the persons specified in paragraph (3); and - 52 - Hawai`i Administrative Rules Title 15, Chapter 15 - Unofficial (5) File an affidavit of publication of the notice of intent to file a petition in compliance with paragraph (2). (c) The commission may conduct a preapplication 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. (d) If the petitioner fails to file the petition on the date stated in its notice of intent, the petitioner shall refile a notice of intent in the manner set forth in this section, unless the refilling is waived by the chairperson or presiding officer pursuant to the standards set forth in section (e) The petitioner shall file a petition in conformance with subchapters 5 and 6 except that at the time of filing, the petition shall include: (1) A negative declaration 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; and (4) A certification from the housing and community development corporation of Hawai`i or county housing agency that the petition involves a section 201G- 118, HRS, housing project. (f) Petitions which fail to comply with the requirements set forth in subsections (b) and (e) shall be deemed defective and the date of filing of the petition shall be as of the date the defect is cured. (g) 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. (h) Notice of the hearing shall be published to the extent provided by law. (i) The commission shall approve or disapprove a boundary change within forty- five days after the corporation has submitted a petition to the commission as provided in section 205-4, HRS. If on the forty-sixth day the petition is not disapproved, it shall be deemed approved by the commission, and the provisions of section 15-15-90(e) shall apply. [Eff 3/20/87; am 7/18/94; am and comp 8/16/97; am and comp May 08 2000] (Auth: HRS §§201G-118, 205-1, 205-7) (Imp: HRS §§205-4, 201G-118)