NOTICE OF PUBLIC HEARING
COUNTY OF KAUA’I REVOCABLE PERMIT FOR VENDING WITHIN THE COUNTY RIGHT-OF-WAY RULES AND REGULATIONS – 4444 Rice Street, Ste. 200, Lihue, Hawai’i, 96766, tel: (808) 241-4946, email: tmhaumea@kauai.gov. Pursuant to Hawai’i Revised Statutes Chapter 91-3, notice is hereby given that the County of Kaua’i Office of Economic Development, Department of Public Works, and Department of Finance will hold a public hearing on Thursday, November 15, 2018, at 6:00 p.m. in the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Kauai, Hawai’i to hear testimony and comments from all interested persons regarding the following:
Revocable Permit for Vending Within County Right-of-Ways, Rules and Regulations that will apply to all applications and permits to vend or engage in any commercial activities within the rights of way under the jurisdiction of the County of Kaua’i under Kaua’i County Code §18-5.3, which includes “the entire width from property line to property line, including the berm, swale, or shoulder of a roadway owned and/or under the jurisdiction of the County of Kaua’i except those roadway areas under the jurisdiction of the Department of Parks and Recreation pursuant to Chapter 23, Article 3, Kaua’i County Code 1987, as amended.”
The draft Rules and Regulations detail the following: the requirements and process to apply for a revocable permit to allow commercial activities within the County’s rights-of-way; if applicable, the bidding process and requirements; the criteria for application review; the array of possible permit conditions and restrictions that may be imposed on any revocable permit; reasons for permits denial; the process to revoke or terminate any permit; and the appeal process for any permit-related decisions. In addition, the proposed rules were updated to require a 30-day notice and comment period for property owners within a 50-foot radius of the proposed vending activities and automatic denial of any permit where 50% of the property owners within a 50-foot radius of vending activities oppose the application.
All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing on the proposed rule amendments at the time of the public hearing. Persons presenting oral testimony are encouraged to submit their testimony also in writing to the Office of Economic Development at the addresses noted above. All submissions for the record must be received at or prior to the scheduled public hearing.
A copy of the proposed rules will be mailed to any interested person who requests a copy and pays the required fees for copying and postage. Please submit your request to the Office of Economic Development. Hard copies of the proposed rule amendments may be picked up from the Office of Economic Development at the above address between the hours of 7:45 a.m. and 4:00 p.m., Monday through Friday, excluding holidays. In addition, the full text of the updated proposed rules are available on the web site of the Office of Economic Development: https://www.kauai.gov/OED. Individuals who require special needs accommodations may request assistance by writing or contacting Therilynn Martin-Haumea at (808) 241-4299 at least five (5) working days prior to the scheduled public hearing.
(SA/TGI1140532 10/15/18)
