HAR §15-23-27. Improvement and development permits

(a) All new improvement projects and development projects shall require a permit. (b) Types and eligibility. There shall be two types of permits: improvement permits and development permits. Each type shall be subject to the decision-maker review and action pursuant to Figure 2 (approval requirements matrix), dated November 2023, made a part of this chapter, and attached at the end of this chapter: (1) Improvement permits shall apply to improvement projects as defined in section 15-23-5 and are subject to executive director review and action, except for developer proposals to develop lands under the authority's control; and (2) Development permits shall apply to development projects as defined in section 15-23-5 and are subject to authority review and action. (c) Exceptions. Improvement and development permits are not required when: 15-23-36 3529 §15-23-27 (1) Approved as a rules clearance under section 15-23-25, a renovation permit under section 15-23-26, a temporary use permit under section 15-23-78, a conditional use of vacant land permit under section 15-23-79, or a conditional use permit under section 15-23-82.1; or (2) Waived as a minor change in accordance with section 15-23-90. (d) Initiation. A developer may apply for an improvement permit or development permit by filing an application with the executive director. (e) Required findings. Approval of an improvement permit or a development permit shall require all the following findings of fact: (1) Makai area plan consistency. The proposal complies with, and advances, the goals, policies, and objectives of the makai area plan; (2) Makai area rules consistency. The proposal protects, preserves, or enhances desirable neighborhood characteristics through compliance with the standards and guidelines of the makai area rules; (3) Compatibility. The proposal will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and (4) Climate Adaptation. The proposal has considered climate change, sea level rise, and climate-resilient development in the design and siting of buildings. (f) Conditions. In approving a development permit or an improvement permit, the decision-maker may impose reasonable conditions to ensure that the approval complies with the findings required in subsection (e). Any conditions attached to a development permit or an improvement permit issued by the executive director or authority, as the case may be, under any previously enacted zoning regulations, subdivision, or other administrative rules shall continue to apply to the proposed use and shall be enforceable as provided in section 15-23-17 (violations). Such conditions may be waived if a 15-23-37 15-23-37 §15-23-27 development permit or an improvement permit application is approved by the decision-maker that originally imposed such condition(s) and where the applicant agrees to waive and abandon all rights secured under the regulations formerly in effect. (g) Design advisory board. The executive director may convene a design advisory board prior to acting on an improvement or development permit application. Where an application has been referred to the authority for review and action under section 15-23-27(h) or when reviewing a development permit application, the authority may convene a design advisory board whether or not the executive director has done so previously: (1) Composition. The design advisory board shall comprise the authority's director of planning and development or the director's designee, one member of the authority, one cultural consultant with specialized expertise on native Hawaiian culture, and one or more technical consultants (e.g., architect, landscape architect, or engineer) chosen by the executive director. The cultural consultant must be validated or be recommended by a native Hawaiian serving organization; (2) Fee. The applicant shall compensate the authority for all costs relating to the participation of cultural and technical consultants in the design advisory board. Prior to retaining cultural and technical consultants, the executive director shall consult with the applicant on the fees and work scope of the cultural and technical consultants; provided that the executive director may accept or reject the applicant's recommendations or comments, or both, on the cultural and technical consultant to be retained at the executive director's sole discretion; and 15-23-38 3529