HomeMy WebLinkAboutCOM 0017.004 2020-2022 pi pc
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Testimony on Bill 5
for Hawai'i County Council Planning Committee, 3 PM Tuesday, February 2, 2021
from Cory Harden, Hilo 333cory@gmail.com
sign up to testify with jean.muramoto@hawaiicounty. gov
Please see my suggestions, in italics.
Section 25-2-64
(a). Within [ninety] sixty days [after acceptance of a use permit application]following the close
of the public hearing or public hearings as the case may be, or within such longer period as agreed to by
the applicant, the commission should either deny or approve the application....
Define "public hearing". Does this mean the Planning Commission?Board of Appeals? County
Council? Court?
Section 25-2-64
(c). If the commission fails to render a decision within the prescribed period, the application
shall be considered as being approved [;] unless an extension is agreed to by all parties, provided that no
[written objection] contested case hearing pertaining to the use permit is [received] pending before the
commission. ,.
Require automatic denial, not automatic approval, if applications are not approved in time. -T1
Automatic approval is a loophole big enough to drive a lot of bad projects through.
• Automatic denial is allowed under HRS 91-13.5(see below). M '
• Why isn't automatic denial in Bill 5? At the October 15, 2020 Leeward Planning
Commission, Jeff Darrow, Planning Program Manager said "...there is language in th9
HRS that allows the counties to create an ordinance to opt out, of,the automatic approval.
We're discussing that direction with our Corporation Council[sic]to find"out what thgt' v.
entails and so, at that point we may want to move towards getting out of that automatic
approval requirement. It, it's something that a lot of people have brought up and are
concerned about..."
Provide for action less demanding than a contested case hearing to stop a project. Contested
cases require huge amounts of time, energy, and money.
State that delays caused by lack of quorum don't count. See HRS 91-13.5.
Section 25-2-67
(a). A use permit may be revoked by the director in the event that any property owner who holds the
permit sought to be revoked, or any other person, with the property owner's consent, submits a written
statement to the director verifying that the development approved under the permit issue has either not
been established or has been abandoned.
What if the owner does nothing for decades, then starts developing, complying with conditions
that are no longer appropriate?
Section 25-2-67
{ )The--oo–••• -• '•- . - - -• . - - - "• -e- --act of the director-if:
—( o use authorized under the use permit has been abandoned for a continuous period of two-years-
Keep this provision.
Comm. No 1�
Ref. To: L
Ref. Date FEB - 2 2021
Section 25-2-67
(b)A use permit may be revoked by the commission upon the request of the director...
If the director is not acting on noncompliance with conditions, or threats to health and safety,
provide a way for the public to bring concerns directly 6 the Commission
HRS §91-13.5 Maximum time period for business or development-related permits, licenses, or
approvals; automatic approval; extensions.
(a) Unless otherwise provided by law, an agency shall adppt rules that specify a maximum time
period to grant or deny a business or development-related permit, license, or approval; provided
that the application is not subject to state administered permit programs delegated, authorized, or
approved under federal law.
(b) All such issuing agencies shall clearly articulate informational requirements for applications and
review applications for completeness in a timely manner.
(c) ALL SUCH ISSUING AGENCIES SHALL TAKE ACTION TO GRANT OR DENY ANY
APPLICATION FOR A BUSINESS OR DEVELOPMENT-RELATED PERMIT, LICENSE, OR
APPROVAL WITHIN THE ESTABLISHED MAXIMUM PERIOD OF TIME, OR THE
APPLICATION SHALL BE DEEMED APPROVED; pro ided that a delay in granting or denying an
application caused by the LACK OF QUORUM at a regular meeting of the issuing agency shall not
result in approval under this subsection; provided further that any subsequent LACK OF QUORUM at a
regular meeting of the issuing agency that delays the same matter shall not give cause for further
extension, unless an extension is agreed to by all parties.
(d) Notwithstanding any other law to the contrary, any agency that reviews and comments upon an
application for a business or development-related permit, license, or approval for a housing project
developed under section 201 H-38 shall respond within forty-five days of receipt of the application, or the
application shall be deemed acceptable as submitted to the agency.
(e) The maximum period of time established pursuant to t is section shall be extended in the event of
a national disaster, state emergency, or union strike, which would prevent the applicant, the agency, or
the department from fulfilling application or review requirements.
(f) THIS SECTION SHALL NOT APPLY TO:
(1) Any proceedings of the public utilities commission; or
(2) ANY COUNTY OR COUNTY AGENCY THAT IS EXEMPTED BY COUNTY
ORDINANCE FROM THIS SECTION.
(g) For purposes of this section, "application for a business or development-related permit, license, or
approval" means any state or county application, petition, permit, license, certificate, or any other form of
a request for approval required by law to be obtained prior to the formation, operation, or expansion of a
commercial or industrial enterprise, or for any permit, license, certificate, or any form of approval required
under sections 46-4, 46-4.2, 46-4.5, 46-5, and chapters 183C, 205, 205A, 340A, 340B, 340E, 340F,
342B, 342C, 342D, 342E, 342F, 342G, 342H, 3421, 342J, 343L, and 342P. [L 1998, c 164, §3; am L
2005, c 68, §1; am L 2006, c 217, §3 and c 280, §2; am L 2007, c 249, §43]
[capitals added]