HAR §15-217-88. Appeals

(a) Decisions of the executive director rendered in the administration of the rules are appealable, as provided herein, to the authority (see Figure 1.1 (approval requirements matrix), dated September 2011, made a part of this chapter, and attached at the end of this chapter). (b) An appeal of an executive director decision shall be sustained by the authority only if it finds: (1) The executive director's decision was based on an erroneous finding of material fact; or (2) The executive director acted in an arbitrary or capricious manner or had manifestly abused his or her discretion. (c) All appeals of a decision by the executive director shall be filed and processed in accordance with HCDA's rules of practice and procedure, Hawaii administrative rules. [Eff NOV11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-89 Subsequent applications. If an improvement permit, development permit, conditional use of vacant land permit, conditional use permit, variance, or master plan permit is denied, a new application proposing substantially the same development for the same property shall not be filed 217-92 29 7 6 §15-217-91 within six months after the final decision. [Eff NOV 11 2011 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-90 Minor changes. (a) After final approval of a rules clearance, improvement permit, development permit, conditional use of vacant land permit, conditional use permit, master plan permit or variance, the executive director may allow minor amendments to the application without submittal of a new or amended application when the requested amendment(s) does not: (1) Increase the number of dwelling units, floor area, height, or any additional land-use disturbance; (2) Introduce different land uses; (3) Request larger land area; (4) Request greater variance; (5) Allow any diminution in buffer or transition areas, reduction in landscaping, reduction of required yards, or any change in the design characteristics or materials used in construction of the structures; or (6) Reduce or eliminate conditions attached to the subject development approval. (b) Any other change requests which do not qualify under section 15-22-90(a) (minor changes) shall require the filing of a new application to be processed in accordance with this subchapter. [Eff NOV11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)