COM 0821.006 2002-2004 - Laserfiche WebLink

Home

HCC Section 10-9. Required. (a) Except as excluded in section 10-3: (1) No grading work shall be commenced or performed without a grading permit. (2) No grubbing work shall be commenced or performed without a grubbing permit except where grubbing concerns land for which a grading permit has been issued. (3) No stockpiling work shall be commenced or performed without a stockpiling permit. (b) No grading, grubbing, or stockpiling permit shall be issued without the director of public works' review of the applicant's compliance with the County general plan or with chapters [6E]*, 205 and 343, Hawaii Revised Statutes. B) Planning Department has failed to equally administer the laws and regulations; I contend that the Planning Director's July 11, 2003 letter represents unequal administration of HRS Chapter 205, HCC 25, Planning Commission Rules 6 and 9, and Planning Department rule 9. I contend that the Planning Director has no authority or discretionary power to a) allow the stockpiling of coal ash on agriculture zoned land without the review and approval of a Special permit or rezoning; and, where no permit applications or permits exist, b) certify "temporary clearance," of local land use laws where noncompliance exists. I contend that the Director failed to follow the prescribed procedure for complaint and violation of the zoning code described in Planning Department Rule 9, and failed to enforce Planning Commission Rule 9: Special Management Area. As legal reference I cite the following: HCC 1-4. Definitions. (a) For the purposes of this Code, the following terms, phrases, words, and their derivations shall have the meaning given in this section, unless it is apparent from the context that a different meaning was intended: (16) "May" is permissive and discretionary. (29) "Shall" and "must" are mandatory. Planning Commission Rule 9-8 Permits Required for Development. A. No development shall be allowed within the Special Management Area without obtaining a permit in accordance with these Rules and Regulations. B. No State or County Agency authorized to issue permits within the Special Management Area shall authorize any development unless approval is first received in accordance with these Rules and Regulations. HRS§205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the 5