When a proposed development requires a special management area major permit, the following procedures apply.
(a) Except for one-family and two-family detached dwellings on a single zoning lot, the applicant shall prepare the applicable environmental disclosure document, which will be processed in accordance with the procedures set forth in HRS Chapter 343 and the rules adopted thereunder. The department of planning and permitting will act as the accepting agency for purposes of HRS Chapter 343; provided that if another agency proposes the action and is preparing the environmental disclosure document, that agency shall act as the accepting agency. The director may allow the application for an SMA major permit application to be processed concurrently with the preparation of the applicable environmental disclosure document.
(b) Prior to submitting an SMA major permit application to the agency, the applicant shall present the project to the neighborhood board of the district where the project is located or, if no such neighborhood board exists, an appropriate community association. The applicant shall provide written notice of the presentation to owners of all properties adjoining the proposed development. The requirements of this subsection will be deemed satisfied if the applicant makes a written request to present the proposed development to the neighborhood board or community association and:
(1) The neighborhood board or community association fails to provide the applicant with an opportunity to present the proposed development at a meeting held within 60 days after the date of the written request; or
(2) The neighborhood board or community association provides the applicant with written notice that it has no objection to the proposed development or that no presentation of the project is necessary.
(c) Upon issuance of a finding of no significant impact or acceptance of the environmental disclosure document, and after the applicant has met the requirements of subsection (b), the applicant may submit a special management area major permit application to the agency.
(d) The applicant shall submit to the agency:
(1) All application materials that would be required for the special management area minor permit as specified in § 25-5.2:
(2) A copy of the final environmental disclosure document; and
(3) The applicable application fee specified in § 25-5.4.
(e) Upon receipt of an application, the director shall review the application for completeness. Within 10 working days after receipt of an application, the director shall provide the applicant with written notice that:
(1) The application is deemed complete and has been accepted for processing; or
(2) The application is incomplete and has been rejected, with a statement of the specific requirements necessary to complete the application.
(f) The agency shall hold a public hearing on the application at a date set not less than 21 nor more than 60 calendar days after the date the application was accepted as complete; provided that the period may be extended if agreed to by the applicant. The public hearing may be held in the area in which the development is proposed.
(g) Notice of the public hearing must be published in a newspaper of general circulation in the State at least 20 calendar days prior to the date of the public hearing.
(h) The agency shall provide adequate written notice of the public hearing to:
(1) Pertinent neighborhood boards or community associations;
(2) Owners of all property within 300 feet of the affected property; and
(3) Owners of all property described in the application.
(i) The agency shall transmit its findings and recommendations on the application for a special management area major permit to the council for its consideration and decision within 45 calendar days after the close of the public hearing; provided that this transmittal deadline may be extended if agreed to by the applicant.
(j) The council shall grant, grant with conditions, or deny any application for a special management area major permit within 60 calendar days after receipt of the agency’s findings and recommendations thereon. If the council does not act on the application as provided in this section within the 60-day period, the application will be deemed denied. The applicant may request, and the council may approve, an extension of time if the request is made in writing and approved by the council prior to the expiration of the previous deadline for council action.
(Added by Ord. 23-4)