Haw. Code R. § 15-15-97 - Procedure for processing petitions 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
electronic 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. 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 be 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 leave 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
published pursuant to section 15-15-97(b)(2). Except for good cause shown, late
filing shall not be permitted.
(f)
The petition for intervention shall make reference to the following:
(1) Nature of the proposed intervener's
statutory or other right;
(2)
Nature and extent of the proposed intervener's interest, and if an abutting
property owner, the tax map key description of the property; and
(3) Effect of any decision in the proceeding
on the proposed intervener's interest.
(g) If applicable, the petition shall also
make reference to the following:
(1) Other
means available whereby the proposed intervener's interest may be
protected;
(2} Extent the proposed
intervener's interest may be represented by existing parties;
(3)Extent the proposed intervener's interest
in the proceeding differs from that of the other parties;
(4) Extent the proposed intervener's
participation can assist in development of a complete record;
(5) Extent the proposed intervener's
participation will broaden the issues; and
(6) Extent the proposed intervenor's
intervention would serve the public interest.
(h) Petitions for intervention shall be
accompanied by a filing fee of $50. The fee shall not apply to state and county
agencies.
(i) The commission may
conduct a pre-application meeting with the petitioner and proposed parties to
the proceeding for the purpose of determining information requirements,
possible issues, proposed stipulations, and other matters which may assist in
contributing to a more orderly hearing process.
(j) If the petitioner fails to file the
petition on the date stated in its notice of intent, the petitioner shall
refile a notice of intent in the manner set forth in this section.
(k) The petitioner shall file a petition in
conformance with subchapters
5 and
6 except that at the time of filing,
the petition shall include:
(1) A finding of
no significant impact or approved environmental impact statement if
conservation district lands are involved;
(2) A proposed decision and order;
(3) An affidavit that the petitioner has met
with interested community groups to discuss the proposed project;
(4) A clear description of the manner in
which petitioner proposes to finance the proposed development, including a
budget,, a marketing plan, and a feasibility study; and
(5) A certification from the Hawaii housing
finance and development corporation or county housing agency that the petition
involves a section
201H-38,
HRS, housing project, including a certified copy of an approved county council
resolution approving the project with conditions and any exemptions
granted.
(l) 'Petitions
that fail to comply with the requirements set forth in subsections (b) and (k)
shall be deemed defective and the date of filing of the petition shall be as of
the date the defect is cured.
(m)
The hearing on the application shall be conducted in accordance with subchapter
7, except that the time requirements
for holding a hearing, statement of position, and decision making shall not
apply,
(n) Notice of the hearing
shall be published to the extent provided by law.
(o) The commission shall approve or
disapprove a boundary amendment within forty-five days after the petition has
been deemed a proper filing by the executive officer. If on the forty-sixth day
the petition is not disapproved, it shall be deemed approved by the commission,
and the provisions of section 15-15-90 (e) shall apply.
Notes
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