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~tY oI y~ <br /> Ids <br /> Harry Kim i• Bruce C. McClure <br /> Mayor Director <br /> tq'or~NpM I;,. I i 0 r, I <br /> i...°~~ JiroA.Sd'~naba- <br /> ~.(TLTIXTT~~ II~~'L"L{A44+liIGI Deputy Direclor <br /> DEPA~U//R,,TVMWENT OF (PUBLIC WORKS <br /> Aupuni Center <br /> I01 rauahi Stree[, Suite 7 ~ Hilo, Hawaii 96720-4224 <br /> (ROR)96I-R321~Fax (808)961-8630 <br /> July 22, 2005 <br /> <br /> THE HONORABLE STACY K. HIGA, COUNCIL CHAIRPERSON <br /> AND MEMBERS OF THE COUNTY COUNCIL <br /> HAWAII COUNTY COUNCIL <br /> COUNTY OF HAWAII <br /> HILO HI 96720 <br /> SUBJECT: BILL 23 DRAFT 2 AN ORDINANCE AMENDING CHAPTER 14 <br /> NEW ARTICLE TO PROVIDE ENHANCED PUBLIC NOTICE OF <br /> PROPOSED DEVELOPMENT <br /> Though this Department has no objections to the concept of enhanced Public Notice, <br /> upon review of the subject ordinance we must strongly recommend that the proposed <br /> ordinance delete references to Chapter 10 for the following: <br /> 1. Chapter 10 was mandated by State Law - HRS 180C. The statute required <br /> Counties to enact ordinances to control soil erosion and sediment which is <br /> embodied in Chapter 10 of the Hawaii County Code. Chapter10 does not <br /> regulate development. Chapter 10 only regulates how a person conducts his <br /> grading and grubbing work. <br /> 2. Chapter 10 is a regulatory code that does not allow for public input. Conditions <br /> of acceptance are specified in the code. Consequently, if an applicant complies <br /> with code conditions, a permit will be issued. This no different from getting a <br /> driver's license, building permit or subdivision approval. <br /> 3. Grading and grubbing permits are required of anyone who does work within the <br /> authority of Chapter 10. This not only includes developers, but also utilities, <br /> farmers and individual home/property owners. <br /> Comm. No. ~ 0 <br /> Ref. To• prese~;~S ~K% <br /> County of Hawaii is an Equal Opportunity Provider and Employer R9f, S~o!e 2 ~ Z~~S <br /> <br />