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HomeMy WebLinkAboutPC Rule 9-16 - Revocation of SMA Use Permits1 LEEWARD AND WINDWARD PLANNING COMMISSIONS RULES OF PRACTICE AND PROCEDURE PROPOSED AMENDMENT TO RULE 9-16 RELATED TO REVOCATION OF SPECIAL MANAGEMENT AREA USE PERMITS Purpose of the Amendment: In 2017, the Planning Commissions amended their rules to allow the Planning Director to revoke Special Permits, Use Permits, Shoreline Setback Variances, and Planned Unit Development Permits, when a property owner/permit holder requests revocation because the development has not been established or has been abandoned. However, the Joint Commission inadvertently did not include the same revocation language for Special Management Area (SMA) Use Permits. The proposed amendment to Planning Commission Rule 9-16 would correct this oversight, making the SMA Use Permit revocation process consistent with the procedures for Special Permits (Rule 6- 11), Use Permits (Rule 7-11), Shoreline Setback Variances (Rule 8-15), and Planned Unit Development Permits (Rule 16-15). Since 1976, the Planning Commissions have approved approximately 555 SMA Use Permits. Some of these permits have never been used or have been abandoned. The Planning Department is currently reviewing these permits and working with landowners or permit holders to revoke those that are inactive. This proposed amendment would streamline the process and reduce costs to taxpayers by saving on postage and public notice publication fees. The Commission will still retain the authority to revoke SMA Use Permits as outlined in proposed Rule 9-16(b). MATERIAL TO BE DELETED IS BRACKETED AND STRUCK THROUGH; MATERIAL TO BE ADDED IS UNDERLINED 9-16 Revocation [(a) A Special Management Area Use Permit may be revoked by the Commission in the event that: (1) Any property owner who holds the permit sought to be revoked or at the request of any other person, with the property owner’s consent, submits a written statement to the Commission verifying that the development approved under the permit issued has either not been established or has been abandoned. 2 (2) The Director submits a request if: (A) There has been noncompliance with the conditions of the permit; or (B) The development authorized under the permit is creating a threat to the health or safety of the community.] (a) A Special Management Area 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 issued has either not been established or has been abandoned. (b) A Special Management Area Use Permit may be revoked by the Commission in the event that the Director requests the revocation if: (1) There has been noncompliance with the conditions of the permit; or (2) The development authorized under the permit is creating a threat to the health or safety of the community. [(b)](c) Notice and Hearing: The Director shall provide written notice to the property owner and/or to the person who has been issued the permit prior to the Commission taking action to revoke the permit. The Commission shall conduct a hearing within a period of ninety calendar days from the receipt of the request by the applicant or Director. At the hearing, all interested persons shall be afforded an opportunity to be heard. The proceedings shall comply with the requirements of Chapter 91, HRS, as amended, and Commission Rule 4 relating to Contested Case Procedures, where applicable. [(c)](d) Decision and Order: The procedures shall be the same as provided under Section 9-11(f) of this rule. [(d)](e) A property owner or other person affected by the revocation of a Special Management Area Use Permit ordered by the Commission, may, within thirty days after the date of the Commission’s written order, appeal the Commission’s action to the Third Circuit Court as provided by Chapter 91 of the HRS. An 3 appeal to the Third Circuit Court shall stay the provisions of the Commission’s revocation order pending the final decision of the Third Circuit Court. [(e)](f) The Department is authorized to adopt rules to establish procedures for revocation of a Special Management Area Minor Permit.