How to apply for permits and development approvals

A. Generally. 1. General Purpose. The general purpose of this chapter is to prescribe the manner by which permits and approvals are processed and approved and to ensure that all developments in the County are in compliance with the provisions of this title. Except as otherwise provided, all permits and development approvals required by this title shall comply with the procedures specified in this chapter. Any department or agency of the State or County or any person having a legal or equitable interest in property or a person acting as the authorized representative of the person having a legal or equitable interest in the land for which a change in zoning is sought may file an application with the appropriate planning commission by filing the application with the department of planning. 2. Consolidated Applications and Public Hearing. A consolidated application may be filed and a single public hearing held for all of the permits or approvals required by a project. The consolidated application shall address all of the issues which pertain to the criteria and requirements of each permit or approval sought. The decisions rendered on the permits or approval sought shall analyze each permit and approval separately with regard to the criteria and requirements which pertain to each permit or approval. B. Fees. Except for applications filed by County agencies, application fees shall be required in the amounts specified in the annual budget of the County. All checks issued to pay for application fees shall be made payable to the director of finance. C. Application completeness review. 1. All applications required by this title shall be submitted to the director. Within fifteen business days after receiving an application, the director shall review the application and determine if the application is complete or incomplete. If the application is complete, the director shall continue processing the application. If the application is incomplete, the director shall provide the applicant with a written statement that identifies the portions of the application that are incomplete. In addition to incompletion as determined by the director, an application is automatically incomplete, at any stage of the application process, if it is for or relates to land use on a lot or on a unit in a condominium property regime that is the subject of an unresolved enforcement action by the department, if the department has sent a notice of warning or notice of violation for the enforcement action. However, an application is not automatically incomplete if: a) the applicant pays all fines associated with the unresolved enforcement action as required by the director, and b) approval of the application would resolve the enforcement action. An enforcement action is unresolved until all fines as determined by the director have been paid. 2. For all community plan amendment and change in zoning applications deemed complete, the director shall prepare a report that includes an assessment and detailed explanation for each requirement set forth in subsection 19.510.010 (D). The report shall include all relevant data, studies, agency reports, and any other information relied upon by the director in finding that an application is complete. 3. The director shall transmit the report to the council and the appropriate planning commission as a part of the report required by subsection 19.510.020(A)(5) or 19.510.040 (A)(3). 4. The director shall prepare an updated report for each amendment made to the application and transmit the updated report to the council and appropriate planning commission. D. Content of Application. All applications shall provide the following information: 1. Documents which identify the owner of the subject parcel of land and the signature or written authorization for the application by the owner; provided, however, that this requirement shall not apply to revisions or amendments proposed by the planning director or the County council; 2. Owner's name, address and telephone numbers; 3. Agent's name, address and telephone numbers, if applicable; 4. Tax map key number of the parcel and its street address, if available; 5. Locational map identifying the site, adjacent roadways, and identifying landmarks; 6. List of owners and lessees of record located within a five-hundred-foot distance from the parcel. This list shall be derived from the most current list available at the real property tax division of the department of finance at the time of the filing of the application with the planning director. This list shall include the names and addresses of all of the owners and lessees of record located within a five-hundred-foot distance from the parcel, as well as the tax map key numbers of these owners' and lessees' lands identified in accordance with this section. A map, drawn to scale, which clearly identifies the five-hundred-foot boundary surrounding the subject parcel and the parcels within the boundary; 7. Policies and objectives of the general plan, the provisions o f the community plan applicable to the application, the provisions of the applicable district and an analysis of the extent to which the application, if granted, conforms to these policies, objectives and provisions; 8. Detailed land use history of the parcel which includes, but which is not limited to, former and existing State and County land use designations, violations and uses; 9. Preliminary archaeological and historical data and comments from the department of land and natural resources and office of Hawaiian affairs of the State, and if applicable, a preservation/mitigation plan which has been reviewed and approved by the department of land and natural resources and office of Hawaiian affairs of the State; 10. Analysis of the secondary impacts of the proposed use on surrounding uses which includes, but which is not limited to, increases in property value, populations, housing, community services and facility needs, secondary jobs and employment generated, and compatibility with surrounding uses, and if applicable, the affordable housing program and comments from the department of human concerns of the County, and other mitigation plans and comments from the respective governmental and community services agencies; 11. Traffic impact analysis and, if applicable, a traffic master plan, which includes, but which is not limited to, comments from the department of transportation of the State and department of public works and environmental management; 12. If applicable, an assessment of the impact which the proposed use may have on agricultural use of the parcel which includes, but which is not limited to, a feasibility analysis of potential agricultural uses suited to the site and written comments from the department of agriculture of the State and the Soil Conservation Service of the government of the United States; 13. Water source, supply and distribution analysis which includes, but which is not limited to, methods of irrigation existing on the parcel and proposed for the application, location and use of groundwater and nonpotable water sources, and, if applicable, a water master plan, which includes, but which is not limited to, comments from the department of land and natural resources of the State and the departments of water supply and public works and environmental management; 14. Sewage disposal analysis, a description of a proposed method of sewage disposal, and comments, if applicable, from the departments of health and land and natural resources of the State and the departments of public works and environmental management and water supply; 15. Solid waste disposal analysis, a description of a proposed method of solid waste disposal and comments, if applicable, from the departments of health and land and natural resources of the State and the departments of public works and environmental management and water supply; 16. Identification of environmentally sensitive areas, habitat and botanical features which include, but which are not limited to, wetlands, streams, rock outcroppings, endangered plants and animals, and exceptional trees, if applicable, a baseline study and preservation/mitigation plan, and comments, if applicable, from the department of land and natural resources of the State, the United States Fish and Wildlife Service, and the United States Corps of Engineers; 17. Identification of the topographical and drainage patterns existing on the subject parcel and any proposed alterations to these patterns; 18. Identification of all meetings held between the applicant and any community or residential group which may be impacted by the applicant's request, the issues raised by these meetings, and any measures proposed by the applicant to deal with or to mitigate these issues; 19. Photographs of the subject site or structure which are dated; 20. Development schedule; 21. Schematic site development plans, if applicable, drawn to scale, which identify the following: a. Property lines and easements with their dimensions and area calculations, b. Location, size, spacing, setbacks and dimensions of all existing and proposed buildings, structures, improvements and uses, c. Existing and proposed building elevations, sections, floor plans and site sections which clearly define the character of the development, d. Topographic information showing existing features and conditions and proposed grading, e. Existing and proposed landscaping which depicts open spaces, plantings and trees, f. Existing and proposed roadways and accesses to the project and parking layout with dimensions, and g. Shoreline, shoreline setback lines, stream and other setback lines; 22. Operations and management of the proposed use which includes, but is not limited to, number of employees, proposed employee housing plan, hours of operation, fees charged to residents and visitors, provisions for off-site parking; 23. Identification of traditional beach and mountain access trails and additional trails which may be required for public access to the beaches and mountains, and if applicable, preservation/mitigation plan, and comments from the department of land and natural resources and the office of Hawaiian affairs; 24. Identification and assessment of chemicals and fertilizers used, including, but not limited to, detailing effects upon surface, underground and marine water resources and neighboring properties and surrounding flora and fauna, and if applicable, a mitigation plan and maintenance program and schedule, and comments from the departments of health and of land and natural resources of the State, the United States Fish and Wildlife Service, and the United States Environmental Protection Agency; and 25. Any other information to assess the application. E. At the time of the filing of the application, the applicant shall file a notice of application, which is in a form prescribed by the planning director, and an affidavit certifying that the notice of application was mailed to all owners and lessees of record located within a five-hundred-foot distance from the subject parcel. The notice of application shall include the following information: 1. The name, address and telephone number(s) of the owner and the owner's authorized agent, if applicable; 2. A brief description of the existing uses and uses proposed by the application; and 3. A location map and a description of the location of the proposed development which includes, but which is not limited to, the tax map key number and street address, if available, of the subject parcel. ( Ord. No. 5047 , § 2, 2020; Ord. 3447 § 1, 2007: Ord. 2032 § 5 (part), 1991)