Haw. Code R. § 15-15-50 - Form and contents of petition

(a) The form of the petition for boundary amendment shall conform to the requirements of subchapters 5 and 6. All petitions shall:

(1) State clearly and concisely the authorization or relief sought; and

(2) Cite by appropriate reference the statutory provision or other authority under which commission authorization or relief is sought.

(b) For petitions to reclassify properties from the conservation district to any other district, the petition shall not be deemed a proper filing unless an approved environmental impact statement or finding of no significant impact is approved or accepted by the commission for the proposed boundary amendment request. Such approved or accepted environmental impact statement or finding of no significant impact shall be filed with and be part of the petition for boundary amendment. Notwithstanding any rule to the contrary, the processes provided by subsections (e) and (f) shall not commence until this subsection is satisfied.

(c) The following information shall also be provided in each petition for boundary amendment:

(1) The exact legal name of each petitioner and the location of the principal place of business and if an applicant is a corporation, trust, or association, or other legal entity, the state in which the petitioner was organized or incorporated;

(2) The name, title, and address of the person to whom correspondence or communications in regard to the petition are to be addressed;

(3) Description of the subject property, acreage, and tax map key number, with maps, including the tax map, that identify the area stated in the petition. If the subject property is a portion of one or more tax map key parcels, or the petition proposes incremental development of the subject property on both increments of development, the petitioner shall include a map and description of the subject property and each increment in metes and bounds prepared by a registered professional land surveyor;

(4) The boundary amendment sought and present use of the property, including an assessment of conformity of the boundary amendment to the standards for determining the requested district boundary amendment;

(5) The petitioner's property interest in the subject property. The petitioner shall attach as exhibits to the petition the following:

(A) A true copy of the deed, lease, option agreement, development agreement, or other document conveying to the petitioner a property interest in the subject property or a certified copy of a nonappealable final judgment of a court of competent jurisdiction quieting title in the petitioner;

(B) If the petitioner is not the owner in fee simple of the subject property, or any part thereof, written authorization of all fee owners to file the petition and a true copy of the deed to the subject property; and

(C) An affidavit of the petitioner or its agent attesting to its compliance with section 15-15-48;

(6) A description of any easements on the subject property, together with identification of the owners of the easements; a description of any other ownership interests shown on the tax maps.

(7) Type of use or development being proposed, including without limitation, a description of any planned development, residential, golf course, open space, resort, commercial, or industrial use;

(8) A statement of projected number of lots, lot size, number of units, densities, selling price, intended market, and development timetables;

(9) A statement describing the financial condition together with a current certified balance sheet and income statement as of the end of the last calendar year, or if the petitioner is on a fiscal year basis, as of the end of the petitioner's last fiscal year, and a clear description of the manner, in which the petitioner proposes to finance the proposed use or development. If such information is protected from disclosure under chapter 92F, HRS, the petitioner may request a protective order to protect the confidentiality of the information pursuant to section 15-15-70.1. A petitioner which is a state or county department or agency, shall be exempt from this requirement;

(10) Description of the subject property and surrounding areas including the use of the property over the past two years, the present use, the soil classification, the agricultural lands of importance to the State of Hawaii classification (ALISH), the Land Study Bureau productivity rating, the flood and drainage conditions, and the topography of the subject property;

(11) An assessment of the impacts of the proposed use or development upon the environment, agriculture, recreational, cultural, historic, scenic, flora and fauna, groundwater, or other resources of the area. If required by chapter 343, HRS, either a finding of no significant impact after review of an environmental assessment or an environmental impact statement conforming to the requirements of chapter 343, HRS, must be filed;

(12) Availability or adequacy of public services and facilities such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation systems, public utilities, police and fire protection, civil defense, emergency medical service and medical facilities, and to what extent any public agency would be impacted by the proposed development or boundary amendment;

(13) Location of the proposed use or development in relation to adjacent land use districts and any centers of trading and employment;

(14) Economic impacts of the proposed boundary amendment, use, or development including, without limitation, the provision of any impact on employment opportunities, and the potential impact to agricultural production in the vicinity of the subject property, and in the county and State;

(15) A description of the manner in which the petitioner addresses the housing needs of low income, low-moderate income, and gap groups;

(16) An assessment of need for the boundary amendment based upon the relationship between the use or development proposed and other projects existing or proposed for the area and consideration of other similarly designated land in the area;

(17) An assessment of conformity of the boundary amendment to applicable goals, objectives, and policies of the Hawaii state plan, chapter 226, HRS, and applicable priority guidelines and functional plan policies;

(18) An assessment of the conformity of the boundary amendment to objectives and policies of the coastal zone management program, chapter 205A, HRS;

(19) An assessment of conformity of the boundary amendment to the applicable county general plans, development or community plans, zoning designations and policies, and proposed amendments required;

(20) Petitioners submitting petitions for boundary amendment to the urban district shall also represent that development of the subject property in accordance with the demonstrated need therefor will be accomplished before ten years after the date of commission approval. In the event full urban development cannot substantially be completed within such period, the petitioner shall also submit a schedule for development of the total of such project in increments together with a map identifying the location of each increment, each such increment to be completed within no more than a ten-year period;

(21) A written disclosure and analysis_addressing Hawaiian customary and traditional rights under Article XII, section 7 of the Hawaii State Constitution;

(22) Any written comments received by the petitioner from governmental and nongovernmental agencies, organizations, or individuals in regards to the proposed boundary amendment;

(23) A copy of the notification of petition filing pursuant to subsection (d);

(24) A statement and analysis pursuant to section 226-109, HRS, addressing climate change related threats to the proposed development and proposed mitigation measures. The statement and analysis shall address, but not be limited to, the following issues:

(A) The impacts of sea level rise on the proposed development';

(B) Infrastructure adaptations to address the impacts of climate change including sewer, water and roadway improvements;

(C) The overall carbon footprint of the proposed development and any mitigation measures or carbon footprint reductions proposed; and

(D) The location of the proposed development and the threats imposed to the proposed development by sea level rise, based on the maps and information contained in the Hawaii Sea Level Rise Vulnerability Adaptation report and the proposed mitigation measures taken to address those impacts.

(25) A statement and analysis addressing the proposed development's adherence to sustainability principles and priority guidelines and climate change issues as contained in section 226-108, HRS, the Hawaii State Plan (Sustainability), and smart growth principles, including, but not limited to:

(A) Walkability;

(B) Accessibility to alternate forms of transportation;

(C) Transit oriented development opportunities;

(D) Green infrastructure, including water recharge and reuse and water recycling;

(E) Mitigation of heat island effects; and,

(F) Urban agricultural opportunities,

(d) The petitioner shall send a notification of petition filing to persons included on a mailing list provided by the chief clerk. The notification of petition filing shall be in a form as prescribed by the executive officer, and shall include, but not be limited to, the following information:

(1) Petitioner's name and mailing address;

(2) Landowner's name;

(3) Tax map key identification of the property requested for boundary amendment;

(4) Location of the property;

(5) Requested boundary amendment and approximate acreage;

(6) Proposed use of the property;

(7) A statement that detailed information on the petition may be obtained by reviewing the petition and maps on file at the office of the commission or the respective county planning department or at the commission's website;

(8) A statement that informs potential interveners on the mailing list provided by the commission that they may file a notice of intent to intervene with the commission within thirty days of the date of the notification of petition filing pursuant to section 15-15-52(b);

(9) A statement that informs the general public to contact the office of the commission for information on participating in the hearing; and

(10) A location map depicting the petition area. The notification of petition filing shall be sent to all persons on the mailing list on the same day that the petition is filed with the commission. The petitioner shall submit to the commission an affidavit that the petitioner has sent the notification of petition filing pursuant to this subsection,

(e) The executive officer shall receive and complete a review of the petition for completeness within thirty days of the filing of the petition. The provisions herein, however, are subject to the requirements of subsection (b) on petitions for reclassification of conservation district lands.

(f) Upon completion of the review pursuant to subsection (e), the executive officer shall determine whether the petition is a proper filing and is accepted for processing. The petition shall be deemed a proper filing if the items required in subsections (a), (b), (c), and (d) have been submitted. The petition may be deemed defective by the executive officer if any of the items required in subsections (a), (b), (c), or (d) have not been submitted. If the petition is deemed defective, the executive officer shall notify the petitioner of the determination and the reasons for the determination. The petition may be deemed as a proper filing upon review of the additional information submitted and upon determination by the executive officer, and the date the petition will be deemed a proper filing will be the date the executive officer determines the defects have been cured. The executive officer will file a notice of proper filing and mail the notice to the petitioner, the State office of planning, the county planning agency, and to persons who have filed a notice of intent to intervene. The executive officer's determination is subject to review in accordance with section 15-15-41. The provisions herein, however, are subject to the requirements of section 15-15-50(b) on petitions for boundary amendment of conservation district lands.

(g) The petitioner has a continuing obligation to update the information submitted in the petition prior to and during the pendency of the hearing on the petition.

Notes

Haw. Code R. § 15-15-50

[Eff 10/27/86; am 3/24/94; am and comp 8/16/97; am and comp MAY 08 2000] (Auth: HRS §§ 205-1, 205-7; SLH 1995, Act 235, §2) (Imp: HRS §§ 91-2, 205-4) Am and comp 11/2/2013; comp 10/18/2019