How to apply for an agricultural project district

(a) An application for an agricultural project district may be filed by a property owner or any other person with the property owner’s consent. The application shall be on a form prescribed for this purpose by the director and shall be accompanied by: (1) A filing fee of $100 per acre up to a maximum filing fee of $5,000. (2) A description of the property in sufficient detail to determine its precise location. (3) A master conceptual plan of the property, showing the agricultural project district boundaries and the land uses and acreage of land involved. (4) A description of the proposed agricultural project district, including land uses, densities, infrastructural requirements, and development standards. (5) A description of each of the open space areas proposed for the agricultural project district for cultural and/or environmental purposes, including those open space areas preserved because of natural hazards. (6) A metes and bounds description of the property prepared by a surveyor. (7) A list of the names, addresses and tax map key numbers for those property owners and lessees of record of surrounding properties who are required to receive notice under section 25-2-4. (8) A County environmental report; provided that a County environmental report shall not be required where an environmental impact statement or an environmental assessment and negative declaration have been prepared and issued in compliance with chapter 343, Hawai‘i Revised Statutes, as amended. (9) Any other plans or information required by rules adopted by the director in accordance with chapter 91, Hawai‘i Revised Statutes. (b) The applicant shall serve notice of the application for agricultural project district on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12. (c) Within one hundred twenty days after an agricultural project district application has been accepted by the director, the director shall forward the application to the commission, together with the director’s recommendation on the proposed agricultural project district, and together with a proposed agricultural project district ordinance which establishes the agricultural project district and provides standards and conditions for the district, including permitted land uses, accessory uses, densities, heights, setbacks, and variances from the requirements of this chapter, and from chapter 23 (subdivision control), if applicable, as contained in the master conceptual plan for the agricultural project district. ZONING § 25-6-54 (d) The commission shall review any agricultural project district application and shall forward its recommendation on the application to the council through the mayor for the council’s consideration and action. (1) In reviewing the application, the commission shall hold at least one public hearing in the council district in which the proposed agricultural project district is located. The commission shall provide reasonable notice of the date of the hearing to the applicant. The commission shall also publish notice of the hearing in accordance with the requirements of this chapter. (2) Within ten days after receiving notice of the date of the public hearing, the applicant shall serve notice of the hearing on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record of interests in other properties which the commission may find to be directly affected by the proposed agricultural project district. (3) Within ninety days after receipt of the application from the director, unless a longer period is agreed to by the applicant, the commission shall transmit the proposed agricultural project district ordinance together with its recommendation thereon through the mayor to the council. The commission shall recommend approval in whole or in part, with or without modifications, or rejection of such proposal. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 9; am 2012, ord 12-90, sec 3.)25-6-54