ORD 2003-103 2002-2004 - Laserfiche WebLink

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The dedicated propertv or anv portion thereof is sold by way of a conveyance which is subiect to conveyance tax under the terms of chapter 247 Hawaii Revised Statutes, unless the director of finance submits a notarized affidavit signed by the owner to the bureau of conveyances stating that the land shall continue to be subiect to the full requirements of the dedication including the full penalties and rollback taxes imposed for violation or The dedicated propertv is not maintained according to sound land management practices such that soil erosion is minimized foreign species are controlled and the watershed is protected. jet Other provisions to the contrary notwithstandina a portion or portions of a parcel that is being assessed and dedicated as pasture may be taken out of production as part of an approved forest restoration plan set forth in this chapter for the duration of the approved restoration period without breaching the terms of the agricultural use dedication Such a plan indicating the acres and area as well as the specific forest restoration work to be done shall be filed with and approved by the director of finance. If the plan is approved the land shall continue to be given the same pasture assessment. The owner shall provide to the director of finance vearly evidence that the forest restoration plan is being implemented as well as a signed and notarized affidavit by a recognized forestry professional that the restoration plan is likely to succeed within the designated time period. The owner shall continue to fulfill all other requirements of the agricultural assessment including providing vearly proof that anv portion of the parcel not being restored to a native forest but still being assessed for an agricultural use continues to be used and maintained substantially and continuously in the approved agricultural use. If at the end of the time period designated by the native forest restoration plan the land meets the requirements of the native forest class described in this chapter, then it shall be classified and rededicated as a native forest. If at the end of the time period designated in the plan, the land does not meet the requirements of the native forest class, the owner may return the land to its designated use as pasture or it shall be assessed and taxed at market value jf~ At least one hundred eighty days prior to the cancellation the department of finance shall notify the owner by mail of such cancellation. The owner may reapply for renewal of the dedication by filing an application with the director on or before September 1 of the twentieth near. The renewal petition shall, in all respects, be processed in the same manner as an original petition. Upon approval of succeeding dedications by the director of finance, the propertv shall continue to be assessed in accordance with the provisions of this section. 9