Haw. Code R. § 13-5-16 - Designation of subzones

(a) A landowner or government agency whose property is directly affected by this chapter may apply to the department to establish a new subzone, rezone an existing subzone, or change a boundary or identified land uses of a subzone. The board can initiate action under this section.

(b) The application shall include the following:

(1) Name of applicant;

(2) Name of landowner(s), if different from applicant, or any person or entity with the landowner's written consent;

(3) Property description of land being affected by tax map key parcel (metes and bounds may be required when the department deems necessary);

(4) Map of area drawn to scale;

(5) Background of applicable land use commission petition, including a final decision and order (for new subzone designations);

(6) Existing subzone classification or land use zoning designations of subject property and surrounding properties;

(7) Geographic characteristics:

(a) General topography and slope; and

(b) Soils types and productivity rating (e.g. Agricultural Lands of Importance to the State of Hawaii (ALISH) and proposed Land Evaluation and Site Assessment (LESA);

(8) Climatic characteristics (e.g. rainfall, predominant wind direction annually);

(9) Hydrological characteristics (e.g. surface water, groundwater, drainage patterns) and applicable water area classification, if applicable, (e.g. restricted watershed, groundwater recharge area);

(10) Biological (flora and fauna) characteristics (e.g. vegetation, wildlife, specific identified species, or habitat of identified threatened or endangered species);

(11) A list of historic properties in the project area;

(12) Scenic or visual resources (e.g. significant view planes and geological features);

(13) Infrastructure evaluations (e.g. roads and access, water systems, sewage systems, drainage systems, recreational facilities, community population, income and household characteristics, utilities availability);

(14) Review of property characteristics in relation to subzone objectives;

(15) Evaluation and recommendation of appropriate subzone designation and boundary characteristics; and

(16) Application fee of $100 and public hearing fee of $250.

(c) The change in boundary or land use shall be put in the form of a proposed administrative rule change by the applicant. Designation of subzones shall be processed as an administrative rule amendment, and, as such, shall be in accordance with departmental rules and applicable statutes, and shall include a public hearing.

Notes

Haw. Code R. § 13-5-16

[Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-3, 183C-4)

See § 13-5-5.