Planning Department Rules, Rule 11

Home

or from the approval date of the last discretionary pen-nit, whichever is last. 11-9 Shoreline Setback Variance Application An application for a shoreline setback variance shall be filed with the Planning Commission in accordance with its rule of practice and procedure. The Planning Department shall review the variance application and plans of all applicants who propose any structure, activity, or facility that would be prohibited without a variance pursuant to this rule. The PIanning Department may require that the plans be supplemented by accurately mapped data and photographs showing natural conditions and topography relating to all existing and proposed structures and activities. 11-10 Compliance_with Environmental Impact Statement Regulations (Chapter 343, HRS) An environmental assessment, prepared in accordance with the requirements of Chapter 343, HRS and Title 11, Chapter 200.1 Hawaii Administrative Rules (HAR), shall accompany the filing of a shoreline setback variance application with the Planning Commission.The Planning Department shall be the approving agency of all environmental assessments prepared in accordance with this rule. A shoreline setback variance application shall not be considered complete until such time the Planning Department has complied with the requirements of Chapter 343, HRS and. Title 11, Chapter 200.1 HAR. 11-11 Waiver of Public Hearing and Action (a) The Planning Department may waive a public hearing and take action on a variance application for the following provided the Department finds in writing, based on the record, that the proposed structure or activity meets the criteria for granting a variance, and public and private notice is provided, including reasonable notice to abutting property owners and persons who have requested this notice- (1) Stabilization of shoreline erosion by moving sand entirely on public lands; (2) Protection of a legal structure or public facility, including any facility owned by a public utility that is regulated pursuant to Chapter 269, HRS that does not fix the shoreline, under an emergency authorization issued by the authority; provided that the structure or public facility is at risk of immediate damage from shoreline erosion as determined by the Planning Department, in consultation with appropriate agencies (i.e., U.S. Anny Corps of Engineers,Department of Public Works) and the authorization does not exceed three years; (3) Maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or watersports recreational Planning Department Rules of Practice& Procedure 11-6