Chapter 28 State Land Use District Boundary Amendment Procedures

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§ 28-3H AWAI‘I C OUNTY C ODE (b) Upon receipt of a properly filed and completed petition, the planning director, on behalf of the County council shall serve a copy of the petition to the State land use commission and the State department of planning and economic development.* (1986, ord 86-126, sec 2.) 28-3 * Editor's Note: The department of planning and economic development was renamed the department of business, economic development, and tourism by Act 293, Session Laws of Hawai‘i, 1990. Section 28-4. Review of petition by planning director. Within ninety days of acceptance of a petition or such longer period as may be agreed to by the applicant, the planning director shall submit the director’s recommendation to either the windward or leeward planning commission, or both acting jointly, as provided for in the Charter. The director shall recommend either the approval or denial of the proposed amendment to the designated planning commission, or joint commission, subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. (1986, ord 86-126, sec 2; am 2009, ord 09-118, sec 21.) 28-4 Section 28-5. Review of petition by planning commission. (a) For the purposes of this section, “planning commission” means either the windward or leeward planning commission, or both acting as a joint commission, as provided for in the Charter. (b) Within sixty days of the planning director’s recommendation, the planning commission shall conduct at least one hearing on the petition. The planning commission, on behalf of the County council, shall notify the State land use commission and the State department of business, economic development, and tourism of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing. After conclusion of the hearing, the planning commission shall recommend either the approval or denial of the proposed amendment to the County council subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. The planning commission shall forward a report concerning its findings and recommendation to the County council through the mayor. Prior to the planning commission’s forwarding its report to the council, the applicant shall file with the planning department a map and description by metes and bounds of property as certified by a surveyor. (1986, ord 86-126, sec 2; am 2009, ord 09-118, sec 22.) 28-5 Section 28-6. Standards for review of petitions. In reviewing a district boundary amendment petition, consideration shall be given to the purposes of the existing and proposed districts as set forth in section 205-2, Hawai‘i Revised Statutes, and the purpose of this chapter. No amendment shall be approved unless it conforms to the general plan. However, a proposed amendment may be combined with a request to change the general plan. (1986, ord 86-126, sec 2.) 28-6 28-2