COM 0118.028 2002-2004 - Laserfiche WebLink

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CITY COUNCIL ORDINANCE- c.f . ~ CITY AND COUNTY OF HONOLULU BILL 49 2004 CD1 FD2 HONOLULU, HAWAII ~ _ DDC 9/21/04 A BILL FOR AN ORDINANCE imposition of the rollback tax and penalty upon petition to the director to chance the dedication of the lands to a specific agricultural use provided that: (1) When the remaining period of the dedication for vacant agricultural land is more than five years, the dedication for a specific a ricultural use shall be for a five or 10 year eriod~ (2) When the remainin period of the dedication for vacant agricultural land is less than five years the dedication for a specific agricultural use- shall be for a one, five, or 10 year period. The petition for change of the dedication shall be filed by the owner of the land o__r with the written authorization of the owner by a lessee permittee or licensee of the land, as the case may be. The director shall prescribe the form of the_Qetition to change dedication. _ (g) Upon receipt of a petition as provided in subsection (e) the director shall make a finding of fact as to whether the land in the petition area is reasonably well suited_ for the designated specific agricultural use or is classified agriculture under section 8-7.1 and qualifies to be maintained as agricultural land The finding shall be based upon a study of the ownership size of operating unit the present us_e_ of surrounding similar lands the state and county land use restrictions for the land and other criteria as may be appropriate. The director shall also make a finding of fact as to whether the designated specific agricultural use or vacant agricultural land use conforms to the development plan for the area The directo_r_ shall also make a finding of fact as to the economic feasibility of the designated specific agricultural use of the land If all of the findings are favorable the director shall approve the petition and declare the land to be dedicated for the designated specific agncultural use or as vacant agricultural land _ {h) The approval by the director of the petition to dedicate shall constitute a forfeiture_ on the part of the owner of any right to change the use of the owner's land to a use other than agriculture for a minimum period of one year five years or 10 years, as the case may be or to cease to maintain the land as agricultural land for a minimum of 10 years. The petition for dedication shall be filed with the director by September 1st of a~ calendar year and shall be approved or disapproved by October 31 If approved the assessment based upon the use requested in the petition for dedication shall be effective on July 1st of the following tax year