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Page 3 of 4 Bill 80 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 3, DIVISION 1, SECTION 23-23 HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO SUBDIVISION OF LAND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI I: SECTION 1. The Hawaii State Constitution Article XI, Section 3 mandates the State to "conserve and protect agricultural lands." Article XI, Section :L requires the State to "conserve and protect Hawaii's natural beauty and all natural resources." Article XIi, section 7 places an affirmative duty on the State to preserve and protect traditional and customary native Hawaiian rights. The County of Hawaii is a political subdivision of the State. The Land Use Law, HRS Chapter 205, serves to protect agricultural lands, natural resources and native Hawaiian rights. As noted by the state legislature in passing Act 5 in 2003 and Act 199 in 1976 classification and protection of agricultural lands has been subverted and undermined by the development of gentlemen estates, for which the primary purpose is not agricultural, but luxury residential. Urban type residential subdivisions are not authorized on agricultural land. Such subdivisions inflate the value of agricultural land, making farming uneconomical. They increase the demand to install costly infrastructure. They undermine the ability of the county and the state to protect natural beauty, natural resources, and native xawaiian rights. Luxury residential development proposals on agricultural land avoid public scrutiny; reduce the affordability and productivity of agricultural land; frustrate the ability of the county to foster intelligent, effective and orderly la nd planning; reduce open space; lead to scattered premature development; increase county infrastructure costs; and jeopardize constitutionally protected native Hawaiian rights, natural beauty, and natural resources. SECTION 2. Chapter 23, Article 3, Division 1, Section 23-23 is amended to read as follows: "Section 23-23. Compliance with State and County regulations required. (a) Subdivisions shall conform to the County general plan and shall take into consideration preliminary plans made in anticipation thereof. Subdivisions shall conform to the requirements of State law, County department of public works, State department of health, State department of transportation, County department of environmental management, and County department of water supply requirements and the standards established by this chapter. (b) No subdivision of land classified as agricultural by the state land use commission, or zoned family agricultural, agricultural or intensive agricultural by the county, shall include: (1) covenants that restrict any agricultural practices except those that protect environmental or cultural resources; (2) resort-like features; (3) an inadequate supply of water to support agricultural operations; (4) a golf course with lots for residential use; (5) gated or limited entry to more than four lots where access to the general public is restricted through the use of security guards, automatic gates and similar features of gated communities; or (6) any farm dwelling greater than 3500 square feet; or (7) Cw liinq L' _ d:r: .tly ass .;i it ad w?C}'i I'a~r. [~r.d/ is Y.er 4/ 18/2005