(a) Subject to subsections (b) and (c), the director may, in accordance with HRS Chapter 91, adopt rules having the force and effect of law providing that if the director fails to act on applications for a minor permit; a major permit requiring only the director’s approval; or those portions of a one-stop permit application package (OSP) that require only the director’s approval, within the time periods specified in §§ 21-2.40-1(c), 21-2.40-2(c)(6) and (d), and 21-2.50(d), respectively, the applicable permit requiring only the director’s approval shall be deemed approved to the extent that the proposal complies with all applicable laws, regulations, and rules, subject to the following conditions.
(1) The use or development authorized by the permit shall be in general conformance with the project, as shown on plans or drawings, on file with the department, which shall be deemed the approved plans for the project. Any modification to the project or plans shall be subject to the prior review and approval of the director. Major modifications shall require a new permit.
(2) Approval of the permit does not constitute compliance with any other land use ordinance or other governmental requirements, including but limited to building permit approval, which are subject to separate review and approval. The applicant shall be responsible for insuring that the plans for the project approved under the permit comply with all applicable land use ordinance and other governmental provisions and requirements.
(3) The director may impose additional conditions, modify existing conditions, or delete conditions deemed satisfied, upon a finding that circumstances related to the approved project have significantly changed so as to warrant a modification to the conditions of the approval.
(4) In the event of the noncompliance with any of the conditions of approval, the director may:
(A) Terminate any uses or development authorized by the permit;
(B) Halt their operation until all conditions are met;
(C) Declare the permit void; or
(D) Seek civil enforcement.
(b) The authority granted to the director pursuant to subsection (a) shall be subject to the following conditions.
(1) The director may adopt the rules only if required to do so by State law, and then only to the extent required by State law. Any rule that exceeds the requirements of State law shall be void. Any rule shall cease to be of any force and effect upon the repeal or judicial voidance of the State law requiring the adoption of the rule.
(2) The rules shall not permit any extension of the time periods specified by this chapter for the director’s action, except as follows:
(A) An extension mandated by State law;
(B) An extension required to comply with § 21-2.40-2(d); and
(C) Upon the prior request of the applicant, one extension of up to 15 days for a minor permit, or up to 30 days for a major permit, provided that an extension permitted under this paragraph shall not be combined with an extension permitted under paragraph (B).
(c) Except to the extent provided by rules adopted pursuant to this section, the failure of the director to act within the specified time periods shall not be deemed an approval of any permit or application.
(1990 Code, Ch. 21, Art. 2, § 21-2.60) (Added by Ord. 99-12; Am. Ord. 10-19)