Laserfiche WebLink
"(d) Hearings <br /> Upon acceptance of an SMA Use Permit application,the Commission,through the <br /> Department, shall fix a date for the public hearing. The public hearing shall <br /> commence no later than ninety days after the acceptance of an SMA Use Permit <br /> application by the Director, or within a longer time period as agreed to by the <br /> applicant. <br /> Promptly after the Commission fixing a date for the hearing,the applicant shall mail <br /> a notice of the hearing setting forth the time, date, and place of the hearing to the <br /> owners of properties, lessees, and others with a recorded possessory interest in <br /> property within three hundred feet of the perimeter boundary of the affected property <br /> and to any other person or agency that has made a written request to the Department <br /> for advance notice of the hearing,not less than twenty calendar days prior to the date <br /> set for the hearing. Prior to the date of the hearing, the applicant shall file with the <br /> Commission,through the Director, an affidavit or other similar proof of mailing of <br /> said notice. In addition to said notice and at least twenty calendar days prior to the <br /> date of the hearing, the Commission shall give public notice of the time, date, and <br /> place of the hearing at least[,nee statewide and] once in the County. Any failure to <br /> mail or to receive the public notice shall not invalidate the proceedings, provided <br /> further that the proceedings conform to the requirements of Chapter 91, HRS, as <br /> amended. These aforementioned notice requirements are not required for subsequent <br /> hearing dates upon the same application. <br /> Reasons for the amendments: Previous to this amendment, the County was required to <br /> provide public notice statewide. Act 16 removed the statewide requirement. <br /> 10. Act 16 amended HRS 205A-43(a) as shown which affects Section 11-5 of Department <br /> Rule 11: <br /> "(a) Setbacks along shorelines are established of not less than [tWeflty feet Rfd HE)* <br /> more �h ] forty feet inland from the shoreline. The department shall adopt riles <br /> -7- <br />