BIL 024 Draft 04 2024-2026 - Laserfiche WebLink

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SECTION 6. Chapter 25, article 2, division 7, section 25-2-76, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 25-2-76. Action on plan approval application. (a) The director may issue plan approval subject to conditions or changes in the proposal which, in the director's opinion, are necessary to carry out and further the purposes of this chapter and the considerations contained in section 25-2-77. (b) The director may only issue plan approval for a telecommunication antenna or tower if the proposed use meets all of the conditions contained in sections 25-2-77 and 25-4-12, and if the applicant provides all verification required under section 25- 2-74. (c) The director may only issue plan approval for a temporary model home or real estate office if the proposed use meets all of the conditions in section 25-2-77 and 25-4-8. (d) The director shall render a decision to either approve or deny a plan approval application, other than for an agricultural tourism facility [er]S any special district with adopted design guidelines and/or standards, or any telecommunication antenna or tower, within thirty days after acceptance of the application. If the director fails to render a decision within the thirty-day period,the application shall be considered approved without further certification by the director. In addition,the following specific provisions shall apply: (1) For an agricultural tourism facility,the department shall conduct a site inspection prior to issuing plan approval within sixty days after acceptance of the application. If the director fails to render a decision within the sixty-day period,the application shall be considered approved without further certification by the director. (2) For any plan approval application within a special district with adopted design guidelines and/or standards,the director shall render a decision to either approve or deny the plan approval application within forty-five days after acceptance of the application. If the director fails to render a decision within the forty-five day period, the application shall be considered approved without further certification by the director. (3) For a telecommunication antenna or tower,the director shall render a decision to either approve or deny the plan approval application within sixty days after acceptance of the application, in accordance with Hawai`i Revised Statutes, Chapter 46-89. If the director fails to render a decision within the time frame specified by Hawai`i Revised Statutes, Chapter 46-89,the application shall be considered approved without further certification by the director." SECTION 7. Chapter 25, article 4, division 1, section 25-4-12, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 25-4-12. Telecommunication antennas or towers. (a) A telecommunication antenna or tower shall be permitted in [the V, CN, CG, CV, MCX, ML, MG and CDH] all zoning districts;provided that the antenna, tower, 5