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Mtv~or <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> ~'~:•a:•ac+: <br /> BILL NO. 80 <br /> ORDINANCE NO. <br /> <br /> AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 3, DIVISION 1, SECTION 23-23 <br /> HAWAFI COUNTY CODE 1983 (1995 EDITION), RELATING TO SUBDIVISION OF LAND. <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF'1'HE COUNTY OF HAWAI'1: <br /> SECTION 1. The Hawaii State Constitution Article XI, Section 3 mandates the State to <br /> <br /> "conserve and protect agricultural lands." Article XI, Section 1 requires the State to "conserve and <br /> <br /> protect Hawaii's natural beauty and all natural resources." Article XII, section 7 places an affirmative <br /> <br /> duty on the State to preserve and protect traditional and customary native Hawaiian rights. The County <br /> <br /> of Hawaii is a political subdivision of the State. <br /> The Land Use Law, HRS Chapter 205, serves to protect agricultural lands, natural resources <br /> <br /> and native Hawaiian rights. As noted by the state legislature in passing Act 5 in 2003 and Act 199 in <br /> 1976 classification and protection of agricultural lands has been subverted and undermined by the <br /> <br /> development of gentlemen estates, for which the primary purpose is not agricultural, but luxury <br /> <br /> residential. Urban type residential subdivisions are not authorized on agricultural land. Such <br /> subdivisions inflate the value of agricultural land, making farming uneconomical. They increase the <br /> <br /> demand to install costly infrastructure. They undermine the ability of the county and the state to <br /> protect natural beauty, natural resources, and native I lawaiian rights. Luxury residential development <br /> <br /> proposals on agricultural land avoid public scrutiny; reduce the affordability and productivity of <br /> <br /> agricultural land; frustrate the ability of the county to foster intelligent, effective and orderly land <br /> planning; reduce open space; lead to scattered premature development; increase county infrastructure <br /> <br /> costs; and jeopardize constitutionally protected native Hawaiian rights, natural beauty, and natural <br /> <br /> resources. <br /> SECTION 2. Chapter 23, Article 3, Division I, Section 23-23 is amended to read as follows: <br /> "Section 23-23. Compliance with State and County regulations required. <br /> Subdivisions shall conform to the County general plan and shall take into consideration <br /> preliminary plans made in anticipation thereof. Subdivisions shall conform to the <br /> requirements of State law, County department of public works, State department of <br /> health, State department of transportation, County department of environmental <br /> management, and County department of water supply requirements and the standards <br /> established by this chapter. <br /> (b) No subdivision of land classified as agricultural by the state land use commission, or <br /> zoned family agricultural, agricultural or intensive agricultural by the county, shall <br /> include: <br /> <br />