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BIL 043 Draft 03 2022-2024
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BIL 043 Draft 03 2022-2024
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Last modified
7/10/2023 4:10:22 PM
Creation date
6/23/2023 4:03:51 PM
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Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
043
Draft
03
Introducer
Heather Kimball, Council Member and Michelle Galimba, Council Member
Referred To
COUNCIL
Action 1
Council: Bill 43, Draft 3, passes first reading; adopts FC-48 - 06/21/23
Action 2
Council: Bill 43, Draft 3, amended to Draft 4 - 07/06/23
Reading Number
1
Reading Date
6/21/2023
Ayes
6-Evans, Galimba, Inaba, Kagiwada, Kimball, Villegas
Noes
0
Absent
3-Kaneali'i-Kleinfelder, Kierkiewicz, Lee Loy
Excused
0
Document Relationships
AGE COUNCIL 2023-07-06 2022-2024
(Related To)
Path:
\Council Records\Agendas\2022-2024\Council
COM 0217.008 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
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(B) The director shall also make a finding of fact as to whether the intended use is in <br /> conflict with the [evefal1] eg neral plan and any applicable community <br /> development plan of the [Slateid] County; provided that, [fef!ands fli a zoned <br /> a;n+,—el+ +r® +� nr �n„ri+., n -A a;s+ + efl with respect to lands in County <br /> zoning districts other than agricultural, residential and agricultural, family <br /> agricultural, intensive agricultural, or agricultural project district, the director <br /> shall make further findings respecting the economic feasibility of the intended <br /> use of the land. <br /> (C) If all findings are favorable, the director shall approve the petition and declare <br /> the land to be dedicated. <br /> (D) In order to place prospective buyers on notice of the rollback liability, the <br /> petitioner shall record the dedication in accordance with the procedures of the <br /> bureau of conveyances within ninety days of notice of approval. <br /> (e) Approval by the director of the petition to dedicate shall constitute a forfeiture on the part <br /> of the owner of any right to change the use of the land to a use other than long-term <br /> commercial agriculture for a minimum period of ten years, unless otherwise provided by <br /> this chapter, subject to cancellation or renewal as follows: <br /> (1) At least one hundred eighty days prior to any cancellation or termination, the <br /> department of finance shall notify the owner by mail of such cancellation or <br /> termination. The owner shall reapply for renewal of the dedication by filing an <br /> application with the director on or before September 1 of the last year of dedication. <br /> The renewal petition shall, in all respects,be processed similarly to an original <br /> petition. Upon approval by the director of succeeding dedications, the property shall <br /> continue to be assessed in accordance with the provisions of the dedication. <br /> (2) In the case of a change in zoning not as a result of a petition by any property owner or <br /> lessee such that the owner's land is placed within any zoned district other than a <br /> County zoned district of agricultural, residential and agricultural, family agricultural, <br /> intensive agricultural, or agricultural project district, the dedication may be cancelled <br /> within sixty days of the change by the owner. <br /> (3) Upon any conveyance or any change in ownership during the period of dedication, <br /> the land shall continue to be subject to the terms and conditions of the dedication <br /> unless a release has been issued by the director. <br /> (f) Changing between commercial agricultural categories. <br /> (1) If the owner desires to change from a specific commercial agricultural category to <br /> another commercial agricultural category, the owner shall so petition the director of <br /> finance and declare in the petition that: <br /> (A) The owner's land can best be used for a commercial agricultural activity other <br /> than that for which the petition was originally approved; and <br /> (B) The owner will use the land for that new commercial agricultural activity if the <br /> petition [iflis approved. <br /> (2) If an owner is permitted to change the use as provided in this subsection, the owner <br /> shall be allowed up to twenty-four months from the effective date of the petition to <br /> convert to the new commercial agricultural category. This conversion must be <br /> completed prior to the end of the dedication period. <br /> (3) The petitioner shall submit progress reports of the petitioner's efforts in converting <br /> from one commercial agricultural category to another commercial agricultural <br /> 5 <br />
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