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Planning Commission Rules, Rule 9
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Planning Commission Rules, Rule 9
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Management Area permit requirements. Upon finding that an emergency <br /> exists and requires immediate action, the Director shall issue a Special <br /> Management Area Emergency Permit subject to reasonable terms and <br /> conditions including an expiration date. Such permits shall be filed with the <br /> Commission in writing. <br /> (b) In cases of imminent substantial harm to public health, safety, or welfare in <br /> the County, including declared states of emergency by the Governor, the <br /> Mayor may waive the requirements of obtaining a permit pursuant to these <br /> Rules and Regulations. <br /> 9-15 Exemptions <br /> This rule shall not apply to proposed developments within the Special Management <br /> Area for which final approval, or in the case of subdivisions, for which preliminary <br /> subdivision approval, was issued prior to the adoption of this rule, amendments <br /> thereto,or to the adoption of the Special Management Area Maps. SMA Use Permit <br /> applications filed prior to the adoption of amendments to this rule shall be exempted <br /> from any new procedures. <br /> 9-16 Revocation <br /> (a) A Special Management Area Use Permit may be revoked by the <br /> Commission in the event that: <br /> (1) Any property owner who holds the permit sought to be revoked or <br /> at the request of any other person, with the property owner's <br /> consent, submits a written statement to the Commission verifying <br /> that the development approved under the permit issued has either <br /> not been established or has been abandoned. <br /> (2) The Director submits a request if: <br /> (A) There has been noncompliance with the conditions of the <br /> permit; or <br /> (B) The development authorized under the permit is creating a <br /> threat to the health or safety of the community. <br /> (b) Notice and Hearing: The Director shall provide written notice to the <br /> property owner and/or to the person who has been issued the permit prior to <br /> the Commission taking action to revoke the permit. The Commission shall <br /> conduct a hearing within a period of ninety calendar days from the receipt <br /> of the request by the applicant or Director. At the hearing, all interested <br /> persons shall be afforded an opportunity to be heard. The proceedings shall <br /> comply with the requirements of Chapter 91, HRS, as amended, and <br /> 9-22 <br />
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