HAR §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 special 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 special permit shall comply with the requirements of section 15-15-95 and 15-15-96. [Eff and comp 11/2/2013; comp ,. OCT 1 8 2019 ] (Auth: HRS §§205-1, 205-7) SUBCHAPTER 13 GOVERNMENT SPONSORED HOUSING PROJECTS §15-15-97 Procedure for processing petitions 15- 101 §15-15-97 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: (1) File an original, one paper copy, and one electroni c 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 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 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. 15-102 §15- 15-97 In proceedings related to 201H petitions, the petitioner's notice of intent shall also serve as the notice of hearing for the purposes of 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 : (1) All departments. and agencies of the State and of the county in which the land is situated; and (2) All persons who have a property interest in the land, or who otherwise can demonstrate that they will b~ so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public. (d) All other persons may apply for l eave 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: (1) 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 will render the proceedings inefficient and unmanageable. (e) Petitions to intervene and become a party shall be in conformity with subchapter 5 and filed with the commission . An original 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 15-103