Bill Text: HI SB2821 | 2016 | Regular Session | Introduced
Bill Title: Land Use Commission
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to WLA/JDL, WAM. [SB2821 Detail]
Download: Hawaii-2016-SB2821-Introduced.html
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THE SENATE |
S.B. NO. |
2821 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE LAND USE COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to provide the land use commission with the power to amend, revise, or modify a decision and order granting a land use district boundary amendment when there has been a finding by the land use commission that a petitioner or its successors or assigns has not adhered to the conditions previously imposed by the commission.
SECTION 2. Section 205-4, Hawaii Revised Statutes, is amended to read as follows:
"§205-4 Amendments to district boundaries involving land areas greater than fifteen acres. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201H-38. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38.
(b) Upon proper filing of a petition pursuant to subsection (a) the commission shall, within not less than sixty and not more than one hundred and eighty days, conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.
(c) Any other provision of law to the contrary notwithstanding, notice of the hearing together with a copy of the petition shall be served on the county planning commission and the county planning department of the county in which the land is located and all persons with a property interest in the land as recorded in the county's real property tax records. In addition, notice of the hearing shall be mailed to all persons who have made a timely written request for advance notice of boundary amendment proceedings, and public notice shall be given at least once in the county in which the land sought to be redistricted is situated as well as once statewide at least thirty days in advance of the hearing. The notice shall comply with section 91-9, shall indicate the time and place that maps showing the proposed district boundary may be inspected, and further shall inform all interested persons of their rights under subsection (e).
(d) Any other provisions of law to the contrary notwithstanding, prior to hearing of a petition the commission and its staff may view and inspect any land which is the subject of the petition.
(e) Any other provisions of law to the contrary notwithstanding, agencies and persons may intervene in the proceedings in accordance with this subsection.
(1) The petitioner, the office of planning, and the county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary change.
(2) All departments and agencies of the State and of the county in which the land is situated shall be admitted as parties upon timely application for intervention.
(3) All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention.
(4) All other persons may apply to the commission for leave to intervene as parties. Leave to intervene shall be freely granted, provided that the commission or its hearing officer if one is appointed may deny an application to intervene when in the commission's or hearing officer's sound discretion it appears that: (A) the position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and (B) the admission of additional parties will render the proceedings inefficient and unmanageable. A person whose application to intervene is denied may appeal such denial to the circuit court pursuant to section 91-14.
(5) The commission shall pursuant to chapter 91 adopt rules governing the intervention of agencies and persons under this subsection. Such rules shall without limitation establish: (A) the information to be set forth in any application for intervention; (B) time limits within which such applications shall be filed; and (C) reasonable filing fees to accompany such applications.
(f) Together with other witnesses that the commission may desire to hear at the hearing, it shall allow a representative of a citizen or a community group to testify who indicates a desire to express the view of such citizen or community group concerning the proposed boundary change.
(g) Within a
period of not more than three hundred sixty-five days after the proper filing
of a petition, unless otherwise ordered by a court, or unless a time extension,
which shall not exceed ninety days, is established by a two-thirds vote of the
members of the commission, the commission, by filing findings of fact and
conclusions of law, shall act to approve the petition, deny the petition, or to
modify the petition by imposing conditions necessary to uphold the intent and
spirit of this chapter or the policies and criteria established pursuant to
section 205-17 or to assure substantial compliance with representations made by
the petitioner in seeking a boundary change. The commission may provide by
condition that absent substantial commencement of use of the land in accordance
with [such representations,] representations made to the commission, the
commission, on its own motion or upon motion by any party or interested
person, shall issue and serve upon the party bound by the condition an
order to show cause why the property should not revert to its former land use
classification or be changed to a more appropriate classification[. Such];
provided that, if the commission finds that the petitioner's failure to adhere
to or comply with the representations or conditions does not warrant reversion
to the land's former land use classification or change to a more appropriate
classification, the commission may modify such conditions or impose new
conditions to ensure compliance with the decision and order and to mitigate any
injury resulting from the failure to adhere to or comply with conditions
regardless of whether or not there has been substantial commencement of use of
the land. All conditions, if any, shall run with the land and be recorded
in the bureau of conveyances. For purposes of this section "substantial
commencement" shall be defined as completion of all public
improvements and infrastructure required by conditions imposed pursuant to this
chapter, both within the project area and outside the project area and
completed construction of twenty per cent of the physical private improvements
such that they are usable or habitable.
(h) No amendment of a land use district
boundary shall be approved unless the commission finds upon the clear
preponderance of the evidence that the proposed boundary is reasonable, not
violative of section 205-2 [and part III of this chapter], and
consistent with the policies and criteria established pursuant to sections
205-16 and 205-17[.] and part III of this chapter. Six
affirmative votes of the commission shall be necessary for any boundary
amendment under this section.
(i) Parties to proceedings to amend land use district boundaries may obtain judicial review thereof in the manner set forth in section 91-14, provided that the court may also reverse or modify a finding of the commission if such finding appears to be contrary to the clear preponderance of the evidence.
(j) At the hearing, all parties may enter into appropriate stipulations as to findings of fact, conclusions of law, and conditions of reclassification concerning the proposed boundary change. The commission may but shall not be required to approve such stipulations based on the evidence adduced.
(k) Regardless of whether there has been substantial commencement of the use of the land, if there has not been compliance with representations made or a condition imposed under this chapter relating to infrastructure, the environment, cultural resources, archeological resources, or the public trust doctrine, the commission, on its own motion or upon motion by any party or interested person, may issue and serve upon the party bound by the condition or representation an order to show cause why the commission should not take action under this section to ensure compliance with the condition or representation. Regardless of whether or not there has been substantial commencement of the use of the land as defined by this section, if the commission finds that one or more of such conditions or representations contained in a decision and order made pursuant to this chapter has not been adhered to, the commission may assess an administrative fine against the party bound by the condition an amount not to exceed $50,000 per day and the costs of enforcement including, but not limited to associated hearing expenses, until such time as the party bound by the condition provides evidence to the commission showing that the violation has been cured and is not likely to be repeated. If the party bound by the condition fails to pay such fine as ordered by the commission the commission may issue a notice of non-conformance to be recorded on the title of the property at the bureau of conveyances and pursue collection procedures in circuit court."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Land Use Commission
Description:
Provides the Land Use Commission with the power to amend, revise, or modify a decision and order granting a district boundary amendment, or fine a petitioner, when there has been a finding by the Land Use Commission that a petitioner or its successors or assigns has not adhered to the conditions imposed by the commission.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
