Section 15-217-80 - Improvement and development permits(a) Applicability. All new improvement projects and developments shall require a permit unless waived in accordance with section 15-217-90 (minor changes) or eligible for a rules clearance under section 15-217-79.(b) Initiation. A developer may apply for an improvement permit or development permit by filing an application with the executive director.(c) Types There shall be two types of permits-improvement and development. Each type shall be subject to the decision-maker review and action pursuant to Figure 1.1 (approval requirements matrix), dated September 2011, made a part of this chapter, and attached at the end of this chapter: (1) Improvement permits shall apply to improvement projects and are subject to executive director review and action; and(2) Development permits shall apply to developments and are subject to authority review and action.(d) Required findings. Approval of an improvement or development permit shall require all the following findings of fact: (1) Mauka area plan consistency. That the proposal complies with and advances the goals, policies and objectives of the mauka area plan;(2) Mauka area rules consistency. That the proposal will protect, preserve, or enhance desirable neighborhood characteristics through compliance with the standards and guidelines of the mauka area rules; and(3) Compatibility. That the proposal will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area.(e) Conditions. In approving an improvement or development permit, the decision-maker may impose any reasonable conditions to ensure that the approval complies with the findings required above. Any conditions attached to an improvement or development permit issued by the executive director or authority, as the case may be, under any previously enacted zoning regulations, subdivision, or other administrative rules shall continue to apply to the proposed use and shall be enforceable as provided in section 15-217-92 (violations and enforcement). Such conditions may be waived if an improvement or development permit application is approved by the decision-maker which originally imposed such condition(s) and where the applicant agrees to waive and abandon all rights secured under the regulations formerly in effect.(f) Design advisory board ("DAB"). The executive director may convene a DAB prior to acting on an improvement permit application. Where an application has been referred to the authority for review and action under section 15-217-30(g) or when reviewing a development permit application, the authority may convene a DAB whether or not the executive director has done so previously: (1) Composition. The DAB shall be comprised of the HCDA's director of planning and development or his/her designee, one member of the authority, and one or more technical consultants (e.g., architect, landscape architect, engineer) chosen by the executive director;(2) Fee. The applicant shall compensate the authority for all costs relating to the participation of technical consultants in the DAB. Prior to retaining technical consultants, the executive director shall consult with the applicant on their fees and work scope; provided, however, that the executive director may accept or reject the applicant's recommendations and/or comments on the technical consultant to be retained at the executive director's sole discretion; and(3) Purpose. The DAB shall provide only non-binding recommendations to the executive director or, in the case of referral under section 15-217-80(g), to the authority,(g) Authority referral. The executive director may refer an improvement permit application to the authority for review and action. Where a DAB has been or will be convened, the DAB shall review the application and provide its non-binding recommendations to the authority. [Eff NOV 11 2011 ] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)