HomeMy WebLinkAboutCOM 0331.002 2006-2008 Pete Hoffmann ~y w Phone No. Hilo: (808) 961-8027
Council Chair .~'•~~~"'~~o Phone No. Waimea: (808) 887-2043
District 9 -North and South Kohala Fax No.: (808) 887-2072
E-Mail: phofiinann@co.hawaii.hi.us
.t•••
-••Tt~M NI'
HAWAII COUNTY COUNCIL
County of Hawai `i
Hawaii County Building Holamua Center r,
25Aupuni Street 64-1067 Mamalahoa Higj~wpy, Suite C-5
Hilo, Hawaii 96720 Waimea, Hawai=i 96743_
May I, 2007
T0: Council Members
Hawaii County Council
_ ~
FROM: Pete Hoffmann
-
Council Chairman
SUBJECT: Proposed amen t to Reso n 158-07, Requesting the Planning Director to
Initiate an Ordinance to Amend Chapter 23, Hawaii County Code 1983 (2005 Edition,
as amended) Relating to Subdivisions and an Ordinance Amending Chapter 25,
Hawaii County Code 1983 (2005 Edition, as amended) Relating to Zoning
Enclosed is a proposed amendment to Resolution 158-07, requesting the planning director to
initiate an ordinance to amend Chapter 23, Hawaii County Code 1983 (2005 Edition, as
amended) relating to subdivisions and an ordinance amending Chapter 25, Hawaii County Code
1983 (2005 Edition, as amended) relating to zoning.
The proposed amendment suggests a process in which the planning commission and the county
council make recommendations to the planning director for subdivision applications which
consist of seven or more lots, thereby abiding by the County Charter which assigns the planning
director the responsibility for rendering decisions on subdivision applications pursuant to law.
The proposed amendment makes no changes to the proposed attached ordinance amending
Chapter 25, whereby the county council will render decisions on applications for new planned
unit developments and cluster plan developments consisting of seven or more lots.
Pursuant to section 6-4.2(c) of the Hawaii County Charter 2000 (as amended) and section 25-2-
43(b) of the Hawaii County Code 1983 (2005 Edition, as amended), the planning director is
requested to submit comments and recommendations on the proposed subdivision and zoning
code amendments as set forth in the proposed bills for ordinances attached as Exhibit "A" to the
proposed amendment of the resolution, or to prepare similar bills for ordinances. These
ordinances will provide for a discretionary permitting process for applications for new
subdivisions of seven or more lots, new planned unit developments of seven or more lots, and
new cluster plan developments of seven or more lots, wherein the council reviews and makes
recommendations on applications for new subdivisions consisting of seven or more lots and 2
Comm. ho. ? 3
Ref. To: 1' Ci
Serving the Interests of the People of Our Island Ref, 17ote MAY
0,_-____ 4
ZQ~7
Hawaii County /s An Equal Opportunity Provider And Employer
reviews and renders decisions on applications for new planned unit developments and cluster
plan developments consisting of seven or more lots.
The resolution requests that the proposed bills for ordinances be transmitted to the council for
consideration and action within 120 days from the transmittal date of this resolution to the
director.
A clean copy of the proposed amendment, as well as a red-lined version of the proposed
amendment, which shows changes to the original Resolution 158-07 aze attached.
Att.
PH/lc
A RESOLUTION REQUESTING THE PLANNING DIRECTOR TO INITIATE AN
ORDINANCE TO AMEND CHAPTER 23, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO SUBDIVISIONS AND AN ORDINANCE
AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED) RELATING TO ZONING.
WHEREAS, recognizing the need for well-planned, community-based, responsible
future growth in the county, the council wishes to take a more proactive role in establishing
policies for the approval of subdivisions, planned unit developments, and cluster plan
developments within the county; and
WHEREAS, the Hawai` i State Constitution, article IX, section 6, Management of State
Population Growth, states:
"The State and its political subdivisions, as provided by general law, shall plan
and manage the growth of the population to protect and preserve the public health and
welfaze; except that each political subdivision, as provided by general law, may plan and
manage the growth of its population in a more restrictive manner than the State"; and
WHEREAS, the Hawaii County Charter section 3-15 charges the county council with
the responsibility for enacting zoning, subdivision, and other such ordinances when it states, in
part:
"The county council shall adopt by ordinance a general plan which shall set forth
the council's policy for long-range comprehensive physical development of the county.
It shall contain a statement of development objectives, standards and principles with
respect to the most desirable use of land within the county for residential, recreational,
agricultural, commercial, industrial and other purposes and such other matter as may,
in the council's judgment, be beneficial to the social, economic, and governmental
conditions and trends and shall be designed to assure the coordinated development of the
county and to promote the general welfare and prosperity of its people....
(a) The council shall enact zoning, subdivision, and such other ordinances which
shall contain the necessary provisions to carry out the purpose of the general plan.
(b) No public improvement or project, or subdivision or zoning ordinance, shall
be initiated or adopted unless the same conforms to and implements the general plan....";
and
WHEREAS, from 1947 to 1965 subdivision ordinances in the county were enacted by
the Planning and Traffic Commission of Hilo and the County of Hawaii, aneleven-member
commission appointed by the Board of Supervisors of the county created by Ordinance 1947-44,
whose duties included subdivision regulations:
"The Commission shall have written regulations for the subdivision of real
property pertaining to the coordination of streets within subdivisions with other existing
or planned streets, or with other features of the master plan for the adequate and
convenient placing of open spaces for traffic, utilities, access for fire-fighting apparatus,
recreation, light and air, and for the avoidance of congestion of population, including
minimum width and area of lots, and for a proper distribution of population and traffic
which will tend to create conditions favorable to public health, safety and morals. All
such regulations shall be enacted as Ordinances of the County of Hawaii and shall be
published as provided by law for the publication of ordinances...."; and
WHEREAS, pursuant to the provisions of Ordinance 1947-44, the Planning and Traffic
Commission heazd applications for new zoning ordinances and for new subdivisions at a public
hearing, which hearing was duly noticed in a newspaper of general circulation in the county at
least ten days prior to the hearing; provided, however, that:
"...no such application shall be considered by the Commission unless seventy-
five percentum of the persons, being the owners or lessees holding under recorded leases
(the unexpired term or which is more than five years from the date of filing such
application) of real estate situated within a distance of 750 feet from the neazest point of
the real estate owned or held by the application, shall join in such application. The
Commission shall consider and act upon such application, and shall hold public hearing
thereon, notice of which shall be given...."; and
WHEREAS, pursuant to the provisions of Ordinance 1947-58, the Planning and Traffic
Commission of Hilo and the County of Hawaii had the authority to disapprove subdivision
applications and "the grounds of the disapproval of any subdivision plan shall be stated in the
records of the commission...."; and
WHEREAS, other municipalities regulate subdivisions through their legislative bodies;
for example, California's Subdivision Map Act Section 66411 states:
"...Regulation and control of the design and improvement of subdivisions are
vested in the legislative bodies of local agencies. Each local agency shall, by ordinance,
regulate and control the initial design and improvement of common interest
developments as defined in Section 1351 of the Civil Code and subdivisions for which
this division requires a tentative and final or parcel map....."; and
WHEREAS, the council recognizes: (1) its mandate established by the Hawaii County
Charter to enact subdivision and zoning ordinances which carry out the provisions of the general
plan; (2) the historical precedent in this county and legal precedent in other municipalities in
California and elsewhere to process subdivision ordinances as discretionary permits, rather than
as administrative permits; and (3) the community's demonstrated desire to actively participate in
planning for future growth within the county; and
2
WHEREAS, according to data from the planning director provided in his December 22,
2006 Council Zoning Overview document (Communication No. 49), current zoning in the
county, with no new zoning, would allow a very large population increase because of existing
lots, lots that could be created by subdividing property to existing zoning, and apartments or
condominiums that could be built on already zoned property; and
WHEREAS, according to the planning director, the major azeas of existing residential
zoning that have not yet been developed into subdivisions include: approximately 5,000 units in
Waikoloa Village, 2600 units at the "Villages of Aina Le`a south of Waikoloa, 1490 units at
Kohala Ranch, 1100 units at the top of Hina Lani Street in Kailua-Kona, 600 units by Parker
Ranch in Waimea, 500 units at the "University Terrace" project in Hilo, 400 units south of Kona
Palisades in Kailua-Kona, and 333 units on Wilder Road in Hilo; and
WHEREAS, according to the planning director, it is also possible to create thousands of
lots in agricultural areas with existing zoning, particulazly on agricultural land in the districts of
South Kona, Puna, and Hamakua; and
WHEREAS, according to the planning director, the existing major resort areas are also
zoned for a large number of additional new units, allowing for a very large potential expansion in
these resort areas; and
WHEREAS, according to the planning director, most of the zoned properties in Kona
and South Kohala never had affordable housing conditions imposed because they were zoned
prior to the time when the county started requiring affordable housing when it approved new
zoning; and
WHEREAS, affordable housing conditions may legally be imposed at the time of
subdivision approval, along with a variety of other conditions to accommodate the impacts of
development of subdivisions, in order to manage growth and coordinate the delivery of
government services in the county; and
WHEREAS, county residents have repeatedly expressed their frustration with the lack of
infrastructure in the form of roads and the resulting traffic congestion, a lack of affordable
housing, the loss of open space and agriculture, and the perception that rapid growth will lead to
a loss of community, culture, and place in the county; and
WHEREAS, amendments to the subdivision code and zoning code will ensure that
developments proposed in a particular azea are assessed considering a number of factors,
3
including how much public infrastructure is challenged by recent or anticipated growth in the
area, and will increase opportunities for public input into the subdivision and planned unit
development review process; and
WHEREAS, the council wishes to review and make recommendations on applications
for new subdivisions consisting of seven or more lots, and to review and render decisions on
applications for new planned unit developments and cluster plan developments consisting of
seven or more lots; and
WHEREAS, of the 502 subdivision permit applications submitted to the planning
department between Januazy 3, 2005 and December 27, 2006, 86 of these permits were for
developments consisting of seven or more lots, or approximately 17% of all subdivision
applications submitted during this 24-month period; and
WHEREAS, the council wishes to add another layer of public and governmental scrutiny
to roughly 17% of all applications for new subdivisions, to include those projects consisting of
seven or more lots, which have potentially greater impacts on the surrounding community than
do small-scale subdivisions; and
WHEREAS, the vast majority of subdivision applications for developments consisting of
six or fewer lots, or roughly 83% of the total number of applications, would not be impacted by
the proposed amendments to the subdivision code and would continue to be processed
administratively by the planning depaztment; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant to section 6-4.2(c) of the Hawaii County Charter 2000 (as amended) and section 25-2-
43(b) of the Hawaii County Code 1983 (2005 Edition, as amended), the planning director is
requested to submit comments and recommendations on the proposed subdivision and zoning
code amendments as set forth in the proposed bills for ordinances attached hereto as Exhibit "A"
and by reference made a part hereof, or to prepaze similar bills for ordinances to provide for a
discretionary permitting process for applications for new subdivisions of seven or more lots, new
planned unit developments of seven or mote lots, and new cluster plan developments of seven or
more lots, wherein the council reviews and makes recommendations on applications for new
subdivisions consisting of seven or more lots and reviews and renders decisions on applications
for new planned unit developments and cluster plan developments consisting of seven or more
lots; and
4
BE IT FURTHER RESOLVED that pursuant to section 6-4.3(c) of the Hawaii County
Charter 2000 (as amended) and section 25-2-43(b) of the Hawaii County Code 1983 (2005
Edition, as amended), the planning commission is requested to review and transmit such
proposed bills for ordinances with recommendations thereon through the mayor to the council
for consideration and action; and
BE IT FURTHER RESOLVED that the council requests that said proposed bills for
ordinances be transmitted to the council for consideration and action within 120 days from the
transmittal date of this resolution to the director; and
BE IT FURTHER RESOLVED that the council shall consider said draft bills for
ordinances following said 120-day review period in order to make modifications, additions, or
deletions to the subdivision and change of zone review and approval procedures, which are
within the council's authority as the legislative branch of the County of Hawaii; and
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this
resolution to Mayor Harry Kim, the County Planning Department, the Planning Commission, the
Department of Public Works, and the Department of Water Supply.
5
~1M<v,or M•~.'~
COUNTY OF HAWAII STATE OF HAWAII
~~Oi N'i~
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO SUBDIVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The County administers and enforces various regulations to control land
use, including the subdivision code and zoning code, in keeping with the goals, policies and
standazds of the general plan. These regulations specify what developers can and cannot do in the
interest of the public's health, safety, or welfare. The county council finds that developments
proposed in a particular area should be assessed considering a number of factors, including how
much public infrastructure is challenged by recent or anticipated growth in the azea. The county
council finds that conditions of approval should be imposed to accommodate the impacts of
development of subdivisions which consist of seven or more lots, in order to manage growth and
coordinate the delivery of government services in the County.
SECTION 2. Chapter 23, article 4, division 1, section 23-58, Hawaii County Code 1983
(2005 edition, as amended), is amended to read as follows:
"Section 23-58. Application for subdivision; plat and plans submitted by
subdivider.
(a) The subdivider shall submit a written application for subdivision, a preliminazy plat,
and other supplementary material required to describe the nature and objectives of the
proposed subdivision, and shall submit eight copies, or more if requested by the
director, of the preliminary plat and other supplementary material to the director.
(b) All pertinent information on the preliminary plat shall be drawn to scale.
(c) Where the area to be subdivided contains only part of the tract owned or controlled
by the subdivider, the director may require a sketch of a tentative layout for streets in
the unsubdivided portion.
(d) Application for Resort Subdivision. The subdivider may file an application for resort
subdivision[.
' at a which shall be cleazly designated as such. Such
application shall, in addition to all other information to be submitted with the
subdivision application, preliminazy plat and other supplementazy material, include
the following:
(1) A statement acknowledging that all improvements will not be approved for
dedication unless and until such improvements satisfy all of the requirements
for dedicable improvements.
EXHIBIT A
(2) A description of the provisions made for permanent maintenance of the private
roadways within the proposed resort subdivision.
(3) A description of how subsequent owners of the property will be notified of the
private nature of the improvements and maintenance responsibilities.
(e) Application for Subdivision of Seven or More Lots.
(1) In addition to compliance with all other requirements of this chanter, anv
application for a subdivision of seven or more lots (including, but not limited to,
resort subdivisions and lazge scale developments) shall be processed in the same
manner as a zone chance in accordance with Hawaii County Code Chanter 25,
Zoning sections 25-2-42 "Amendments initiated by property owners and other
persons" and 25-2-43 "Amendments initiated by the council and director," except
that the planning director shall render the decision on such applications after due
consideration of recommendations from the plazming commission and the county
council The council may forward a favorable or an unfavorable recommendation
on the subdivision application to the planning director. The director shall not
grant tentative approval of the preliminary plat without written recommendations
from the council which recommendations shall be set forth within a resolution
and which may subiect the proposed subdivision to certain conditions. The
planning director shall render a decision on the subdivision application, and the
director may approve or disapprove the application. If the director disapproves
the subdivision application the director shall not Brant tentative approval of the
preliminar,}~ plat as submitted and shall state the reasons for disapproval in writing
to the applicant.
(2) For a subdivision of seven or more lots the council may recommend the
imposition of conditions on the applicant's use of the property subiect to the
subdivision provided that the council finds that the conditions are:
(A) Necessary to prevent circumstances which may be adverse to the public
health safety and welfaze: or
(B) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(il Protection of the public from the potentially deleterious effects of the
proposed use, or
(ii) Fulfillment of the need for public service demands created by the proposed
use.
(3) Changes or alterations of conditions of any subdivision approval shall be
processed in the same manner as a zone change, except that the planning director
shall render the decision on such applications after due consideration of
recommendations from the planning commission and the county council. A
reauest for any change or alteration of conditions shall be submitted in writing to
the director and referred to the commission and the council for their
recommendations The request shall be accompanied by a filing, fee of $250.
(4) Failure to fulfill any conditions of subdivision approval within the specified time
limitations or any extensions thereto may be grounds for the enactment of a
council resolution recommending that the the approval of the preliminary plat and
anv final plat expire and be of no further force or effect."
2
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance aze declared to be severable.
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
3
~~'4!'I'~•,
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO ZONING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII
SECTION 1. The county administers and enforces various regulations to control land use,
including the subdivision code and zoning code. These regulations specify what developers can
and cannot do in the interest of the public's health, safety, or welfare. The county council finds
that developments proposed in a particular azea should be assessed considering a number of
factors, including how much public infrastructure is challenged by recent or anticipated growth
in the area. The county council finds that conditions of approval should be imposed to
accommodate the impacts of development of planned unit and cluster plan developments which
consist of seven or more lots, in order to manage growth and coordinate the delivery of
government services in the county.
SECTION 2. Chapter 25, article 6, division 1, section 25-6-4, Hawaii County Code 1983
(2005 edition, as amended), is amended to read as follows:
"Section 25-6-4 Notice of action on P.U.D. application.
(a) Upon acceptance of a P.U.D. application consisting of six or fewer lots, the director
shall fix a date for the director's action on the application. Within ten days after
receiving notice of such date, the applicant shall serve notice of the application on
surrounding owners and lessees of record, as provided by section 25-2-4. The
applicant shall also serve notice on owners and lessees of record of interests in other
properties which the director may find to be directly affected by the P.U.D. permit
sought. The applicant shall also post a sign for public notification on the property as
provided by section 25-2-12.
(b) For P U D applications consistine of six or fewer lots, the[The] director shall publish
notice of the date of the proposed decision by the director and the date by which
written comments must be received by the director in at least two newspapers of
general circulation in the County, at least ten days prior to the director's proposed
decision.
(c) Within sixty days of acceptance of a P U D application consistine of seven or more
lots the director shall refer the P U D application to the commission and the council
for approval which approval may be subiect to conditions in accordance with section
25-6-6 "Actions on P U.D permit applications."
(d) The applicant shall post a si¢n for Qublic notification on the property as provided by
section 25-2-12."
SECTION 3. Chapter 25, article 6, division 1, section 25-6-6, Hawaii County Code 1983
(2005 edition, as amended), is amended to read as follows:
"Section 25-6-6 Actions f''n on P.U.D. permit applications.
(a) Except as provided in section 25-6-5, the director shall, within sixty days after
acceptance of a P.U.D. permit application consisting of six or fewer lots, deny the
application or approve it subject to conditions pursuant to subsection 25-6-6(cl
below or within sixty davs after acceptance of a P U D permit application
consisting of seven or more lots refer the application to the commission and the
council for approval pursuant to subsection 25-6-6(dl below.
(b) The conditions imposed by the director for a P U.D. consisting of six or fewer lots,
or by the council for a P.U.D. consisting of seven or more lots, shall beaz a
reasonable relationship to the P.U.D. permit issued, and to the approved uses, plans,
and variances of district standards[; ,
The conditions may include, but not be limited to the following:
(1) Commencement and completion time frame for the project;
(2) Boundary and density changes approved in the project;
(3) Uses that are prohibited or limited;
(4) Specifications for the minimum development standazds;
(5) Specifications for street improvement and dedication;
(6) Utilities to be furnished; and
(7) The extent and limitations upon the vaziances permitted.
(c) P U D Permit Application for Six or Fewer Lots.
The director may, within the sixty-day period after acceptance of a P.U.D.
permit application, grant a partial approval of the request where all plans and
drawings have not been submitted with the original application. Provided,
however, that no building permit shall be issued, nor shall any construction on
the property commence until the drawings have been reviewed and approved by
the director and full P.U.D. permit approval has been issued for the portion of
development comprising the proposed construction.
[(~j](2) When plans and drawings aze submitted after a partial approval of a P.U.D.
permit application has been issued under subsection (c)(~ above with a request
for further partial approval or full approval, the director shall review the
drawings and shall either approve or deny the request within thirty days from
the date that the drawings aze filed by the applicant. In the event of a denial of
such request, the applicant may resubmit a revised request for further partial or
full P.U.D. permit approval of the application and in accordance with this
subsection.
[(c~](3~ If the director fails to act upon a P.U.D. permit application within the prescribed
sixty-day period as required by subsection (a) above, the application shall be
considered as having been denied and the director shall immediately inform the
applicant of such denial. If the director fails to act upon filed plans and drawings
within the thirty-day period required by subsection [(~](~2~ above, the plans
shall be considered as having been approved and a full P.U.D, permit issued.
2
(d) P U D Permit Application for Seven or More Lots.
(1) In addition to compliance with all other requirements of this chapter, anv
~lication for a P U D consisting of seven or more lots shall be processed in
the same manner as a zone change in accordance with Hawaii County Code
Chapter 25 Zoning sections 25-2-42 "Amendments initiated by property
owners and other persons" and 25-2-43 "Amendments initiated by the council
and director "The director shall not grant paztial or full approval of a P.U.D.
permit without prior approval of the council, which approval shall be set forth
within a zoning ordinance and may be subiect to certain conditions. If the
council disapproves the P U D application the director shall not grant partial or
full approval of the P U D germit as submitted and shall state the reasons for
disapproval in writing to the applicant.
(2) Within anv ordinance for a P U.D. of seven or more lots, the council may impose
conditions on the applicant's use of the property subiect to the P.U D. permit
provided that the council finds that the conditions aze:
(A) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfaze; or
Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
Protection of the public from the potentially deleterious effects of the
proposed use, or
(ii) Fulfillment of the need for public service demands created by the
proposed use.
~3) Changes or alterations of conditions of anv ordinance for a P.U.D. of seven or
more lots shall be processed in the same manner as a zone change, unless the
council authorizes the changes or alterations to be made by the director. A request
for any change or alteration of conditions shall be submitted in writing to the
director and referred to the commission and the council for approval. The request
shall be accompanied by a filing fee of $250.
Failure to fulfill any conditions of the P U D permit approval within the specified
time limitations or any extensions thereto may be grounds for the enactment of
an ordinance causing an~paztial or final approval of the P.U.D. permit to expire
and be of no further force or effect."
SECTION 4. Chapter 25, article 6, division 1, section 25-6-14, Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-14. Time extensions and amendments.
(a) For a P.U.D. of six or fewer lots, [A]any request for a time extension or an
amendment to a P.U.D. permit or to the conditions of a P.U.D. permit may be
granted by the director upon finding that no change has occurred in relation to the
property since the P.U.D. permit was issued or that the approval is still valid with
respect to any changed conditions.
(b) For a P.U.D. of six or fewer lots, lT]the director shall act on any request for a time
extension or amendment within forty-five days after the receipt of the request. In
granting any time extension or amendment, the director may impose additional
conditions to meet the intent of the P.U.D. permit."
3
SECTION 5. Chapter 25, azticle 6, division 1, section 25-6-15, Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-15. Appeals.
(a) If the director denies a P.U.D. permit for six or fewer lots, such decision is final
except that, within thirty days after the date of the written decision, the applicant
may appeal such action to the boazd of appeals, pursuant to the rules of practice and
procedure of the boazd of appeals.
(b) Any person aggrieved by the decision of the director in the issuance of a P.U.D.
permit decision for six or fewer lots may appeal the director's action to the boazd of
appeals, in accordance with this chapter, within thirty days after the date of the
director's written decision.
SECTION 6. Chapter 25, article 6, division 2, section 25-6-22, Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-22. Application for C.P.D.
(a) An application for a C.P.D. permit shall be on a form prescribed by the director and
shall be accompanied by a filing and processing fee as set forth under chapter 23,
the subdivision control code.
(b) The procedure for processing an application for a C.P.D. permit shall be the same as
that prescribed for a subdivision application under chapter 23, the subdivision
control code including but not limited to subsection 23-58(e) "Application for
Subdivision of Seven or More Lots."
(c) The applicant shall post a sign for public notification on the property as provided by
section 25-2-12."
SECTION 7. Chapter 25, article 6, division 2, section 25-6-26, Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-26. Appeal of a C.P.D. decision.
Within thirty days after the date of the director's written decision regazding a
C.P.D. for six or fewer lots, any person aggrieved by the decision may appeal the
director's action to the boazd of appeals in accordance with this chapter."
SECTION 8. Severability. If any provision of this ordinance, or the application thereof to
any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 9. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
4
SECTION 10. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
5
i
A RESOLUTION REQUESTING THE PLANNING DIRECTOR TO INITIATE AN
ORDINANCE TO AMEND CHAPTER 23, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO SUBDIVISIONS AND AN ORDINANCE
AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED) RELATING TO ZONING.
WHEREAS, recognizing the need for well-planned, community-based, responsible
future growth in the county, the council wishes to take a more proactive role in establishing
policies for the approval of subdivisions, planned unit developments, and cluster plan
developments within the county; and
WHEREAS, the Hawaii State Constitution, article IX, section 6, Management of State
Population Growth, states:
"The State and its political subdivisions, as provided by general law, shall plan
and manage the growth of the population to protect and preserve the public health and
welfare; except that each political subdivision, as provided by general law, may plan and
manage the growth of its population in a more restrictive manner than the State."; and
WHEREAS, the Hawaii County Charter section 3-15 chazges the county council with
the responsibility for enacting zoning, subdivision, and other such ordinances when it states, in
part:
"The county council shall adopt by ordinance a general plan which shall set forth
the council's policy for long-range comprehensive physical development of the county.
It shall contain a statement of development objectives, standards and principles with
respect to the most desirable use of land within the county for residential, recreational,
agricultural, commercial, industrial and other purposes and such other matter as may,
in the council's judgment, be beneficial to the social, economic, and governmental
conditions and trends and shall be designed to assure the coordinated development of the
county and to promote the general welfare and prosperity of its people....
(a) The council shall enact zoning, subdivision, and such other ordinances which
shall contain the necessary provisions to carry out the purpose of the general plan.
(b) No public improvement or project, or subdivision or zoning ordinance, shall
be initiated or adopted unless the same conforms to and implements the general plan...:
and
WHEREAS, from 1947 to 1965 subdivision ordinances in the county were enacted by
the Planning and Traffic Commission of Hilo and the County of Hawaii, an eleven-member
commission appointed by the Board of Supervisors of the county created by Ordinance 1947-44,
whose duties included subdivision regulations:
"The Commission shall have written regulations for the subdivision of real
property pertaining to the coordination of streets within subdivisions with other existing
or planned streets, or with other features of the master plan for the adequate and
convenient placing of open spaces for traffic, utilities, access for fire-fighting appazatus,
recreation, light and air, and for the avoidance of congestion of population, including
minimum width and area of lots, and for a proper distribution of population and traffic
which will tend to create conditions favorable to public health, safety and morals. All
such regulations shall be enacted as Ordinances of the County of Hawaii and shall be
published as provided by law for the publication of ordinances...."; and
WHEREAS, pursuant to the provisions of Ordinance 1947-44, the Planning and Traffic
Commission heard applications for new zoning ordinances and for new subdivisions at a public
hearing, which hearing was duly noticed in a newspaper of general circulation in the county at
least ten days prior to the hearing; provided, however, that:
`...no such application shall be considered by the Commission unless sevenry-
five percentum of the persons, being the owners or lessees holding under recorded leases
(the unexpired term or which is more than five years from the date of filing such
application) of real estate situated within a distance of 750 feet from the neazest point of
the real estate owned or held by the application, shalljoin in such application. The
Commission shall consider and act upon such application, and shall hold public hearing
thereon, notice of which shall be given..."; and
WHEREAS, pursuant to the provisions of Ordinance 1947-58, the Planning and Traffic
Commission of Hilo and the County of Hawaii had the authority to disapprove subdivision
applications and "the grounds of the disapproval of any subdivision plan shall be stated in the
records of the commission...."; and
WHEREAS, other municipalities regulate subdivisions through their legislative bodies;
for example, California's Subdivision Map Act Section 66411 states:
`.,.Regulation and control of the design and improvement of subdivisions aze
vested in the legislative bodies of local agencies. Each local agency shall, by ordinance,
regulate and control the initial design and improvement of common interest
developments as defined in Section 1351 of the Civil Code and subdivisions for which
this division requires a tentative and final or parcel map....."; and
WHEREAS, the council recognizes: (1) its mandate established by the Hawaii County
Charter to enact subdivision and zoning ordinances which carry out the provisions of the general
plan; (2) the historical precedent in this county and legal precedent in other municipalities in
California and elsewhere to process subdivision ordinances as discretionary permits, rather than
as administrative permits; and (3) the community's demonstrated desire to actively participate in
planning for future growth within the county; and
2
WHEREAS, according [o data from the planning director provided in his December 22,
2006 Council Zoning Overview document (Communication No. 49), curcent zoning in the
county, with no new zoning, would allow a very large population increase because of existing
lots, lots that could be created by subdividing property to existing zoning, and apartments or
condominiums that could be built on already zoned property; and
WHEREAS, according to the planning director, the major areas of existing residential
zoning that have not yet been developed into subdivisions include: approximately 5,000 units in
Waikoloa Village, 2600 units at the "Villages of Aina Le`a south of Waikoloa, 1490 units at
Kohala Ranch, 1 ] 00 units at the top of Hina Lani Street in Kailua-Kona, 600 units by Pazker
Ranch in Waimea, 500 units at the "University Terrace" project in Hilo, 400 units south of Kona
Palisades in Kailua-Kona, and 333 units on Wilder Road in Hilo; and
WHEREAS, according to the planning director, it is also possible to create thousands of
lots in agricultural areas with existing zoning, particularly on agricultural land in the districts of
South Kona, Puna, and Hamakua; and
WHEREAS, according to the planning director, the existing major resort areas are also
zoned for a large number of additional new units, allowing for a very large potential expansion in
these resort areas; and
WHEREAS, according to the planning director, most of the zoned properties in Kona
and South Kohala never had affordable housing conditions imposed because they were zoned
prior to the time when the county started requiring affordable housing when it approved new
zoning; and
WHEREAS, affordable housing conditions may legally be imposed at the time of
subdivision approval, along with a variety of other conditions to accommodate the impacts of
development of subdivisions, in order to manage growth and coordinate the delivery of
government services in the county; and
WHEREAS, county residents have repeatedly expressed their frustration with the lack of
infrastructure in the form of roads and the resulting traffic congestion, a lack of affordable
housing, the loss of open space and agriculture, and the perception that rapid growth will lead to
a loss of community, culture, and place in the county; and
WHEREAS, amendments to the subdivision code and zoning code will ensure that
developments proposed in a particular area aze assessed considering a number of factors,
3
including how much public infrastructure is challenged by recent or anticipated growth in the
area, and will increase opportunities for public input into the subdivision and planned unit
development review process; and
WHEREAS, the council wishes to review and make recommendations on lapprevej
applications for new subdivisions consisting of seven or more lots, and to review and render
decisions on applications for new planned unit developments~;j and cluster plan developments
consisting of seven or more lots; and
WHEREAS, of the 502 subdivision permit applications submitted to the planning
department between ]anuary 3, 2005 and December 27, 2006, 86 of these permits were for
developments consisting of seven or more lots, or approximately 17% of all subdivision
applications submitted during this 24-month period; and
WHEREAS, the council wishes to add another layer of public and governmental scrutiny
to roughly 17% of all applications for new subdivisions, to include those projects consisting of
seven or more lots, which have potentially greater impacts on the surrounding community than
do small-scale subdivisions; and
WHEREAS, the vast majority of subdivision applications for developments consisting of
six or fewer lots, or roughly 83% ofthe total number of applications, would not be impacted by
the proposed amendments to the subdivision code and would continue to be processed
administratively by the planning department; now, therefore,
BE [T RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant to section 6-4.2(c) of the Hawaii County Charter 2000 (as amended) and section 25-2-
43(b) of the Hawaii County Code 1983 (2005 Edition, as amended), the planning director is
requested to submit comments and recommendations on the proposed subdivision and zoning
code amendments as set forth in the proposed bills for ordinances attached hereto as Exhibit "A"
and by reference made a part hereof, or to prepaze similar bills for ordinances to provide for a
discretionary permitting process for applications for new subdivisions of seven or more lots, new
planned unit developments of seven or more lots, and new cluster plan developments of seven or
more lots, wherein the council reviews and makes rccommepdations oi~plicetions for new
subdivisions consisting oC seven oi_morc lots and'
develeprxentsl reviews and renders decisions on'tnplicttions (or new planned uni[ develooments
and cluster plan developments consisting of seven or more lots; and
4
BE IT FURTHER RESOLVED that pursuant to section 6-4.3(c) of the Hawaii County
Charter 2000 (as amended) and section 25-2-43(b) of the Hawaii County Code 1983 (2005
Edition, as amended), the planning commission is requested to review and transmit such
proposed bills for ordinances with recommendations thereon through the mayor to the council
for consideration and action; and
BE IT FURTHER RESOLVED that the council requests that said proposed bills for
ordinances be transmitted to the council for consideration and action within 120 days from the
transmittal date of this resolution to the director; and
- Formatted: Indent First line: 0"~
BE IT FURTHER RESOLVED that the council shall consider said draft bills for
ordinances following said 120-day review period in order to make modifications, additions, or
deletions to the subdivision and change of zone review and approval procedures, which are
oeieted: ¶
within the council's authority as the legislative branch of the County of Hawaii; and, ~
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this ¶
resolution to Mayor Harry Kim, the County Planning Department, the Planning Commission, the ~
Department of Public Works, and the Department of Water Supply. q
9
5
nw
'
COUNTY OF HAWAII STATE OF HAWAII
.h.a.M'.
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO SUBDIVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTX OF HAWAII:
SECTION 1. The County administers and enforces various regulations to control land
use, including the subdivision code and zoning code, in keeping with the goals, policies and
standazds of the general plan. These regulations specify what developers can and cannot do in the
interest of the public's health, safety, or welfare. The county council finds that developments
proposed in a particular azea should be assessed considering a number of factors, including how
much public infrastncture is challenged by recent or anticipated growth in the area. The county
council finds that conditions of approval should be imposed to accommodate the impacts of
development of subdivisions which consist of seven or more lots, in order to manage growth and
coordinate the delivery of government services in the County.
SECTION 2. Chapter 23, article 4, division 1, section 23-58, Hawaii County Code 1983
(2005 edition, as amended), is amended to read as follows:
"Section 23-58. Application for subdivision; plat and plans submitted by
subdivider.
(a) The subdivider shall submit a written application for subdivision, a preliminary plat,
and other supplementary material required to describe the nature and objectives of the
proposed subdivision, and shall submit eight copies, or more if requested by the
director, of the preliminary plat and other supplementary material to [he director.
(b) All pertinent information on the preliminary plat shall be drawn to scale.
(c) Where the area to be subdivided contains only part of the tract owned or controlled
by the subdivider, the director may require a sketch of a tentative layout for streets in
the unsubdivided portion.
(d) Application for Resort Subdivision. The subdivider may file an application for resort
subdivision[.
;T ;,wa-~,,,oa;-t
hss~:.;?c-, ] which shall be cleazly designated as such. Such
application shall, in addition to ail other informatian to be submitted with the
subdivision application, preliminary plat and other supplementary material, include
the following:
(1) A statement acknowledging that all improvements will not be approved for
dedication unless and until such improvements satisfy all of the requirements
for dedicable improvements.
EXHIBIT A
(2) A description of the provisions made for permanent maintenance of the private
roadways within the proposed resort subdivision.
(3) A description of how subsequent owners of the property will be notified of the
private nature of the improvements and maintenance responsibilities.
Application for Subdivision of Seven or More Lots.
In addition to compliance with all other requirements of this chapter any
application for a subdivision of seven or more lots (including. but not limited to.
resort subdivisionsl pFapned-itxit-davelennt °"°'°°'^°°`~I and
lazge scale developments) shall be processed in the same manner as a zone change
in accordance with Hawaii Counri Code Chapter 25. Zoning, sections 25-2-42
"Amendments initiated by prooerrv owners and other persons" and 25-2-43
"Amendments initiated by the council and director(-1," cscent that the plannine
director shall render the decision on such applications after due consideration of
recommendations from the plannine commission and the county council. "Ihe
council may forward a favorable or an unfavorable recommendation on the
subdisision~plication to the planning director The director shall not Brant
tentative aooroval of the preliminary plat without I wrinen
recommendations from the council which (eeprevall recommendations shall be
set forth within a ls+alrF~l resolution and which may Ibel subject
the proposed subdivision to certain conditions I'hc lapping director shall render
t decision on the subdivision application. and the director maw approve or
disapprove the application If the Iseuasill director disapproves the subdivision
application the director shall not grant tentative approval of the preliminary plat
as submitted and shall state the reasons for disapproval in writing to the applicant.
(2) I 1 Por a subdivision of seven or more lots the council
_mav recommend the litneesel imposition of conditions on the applicant's use of
the property subject to the subdivision provided that the council finds that the
conditions are:
(A) Necessary to prevent circumstances which may be adverse to the public
health, saferi and welfare; or
(B) Reasonably conceived to fulfill needs directly emanating from the land use
erooosed with respect to:
(i) Protection of the public from the potentially deleterious effects of the
proposed use, or
(ii) Fulfillment of the need for public service demands created by the proposed
use.
(3) Chan es or alterations of conditions of any subdivision [er~ixagsel approval shall
be processed in the same manner as a zone chanee I
therehar~ ~ r Y a ~ th° a:_°°`atl evccpt that the planni~
director shall render the decision on such applications after due consideration of
recommendations from [he plannin[*, commission and the county council. A
request for any chanee or alteration of conditions shall be submitted in writing to
the director and referred to the commission and the council for laserevall their
recommendations The request shall be accompanied by a filing fee of $250.
(4) Failure to fulfill any conditions of subdivision aooroval within the specified time
limitations or any extensions thereto may be grounds for the enactment of a
2
council resolution IaHer~iHanse-ssnsin~l recommendi~that the the aouroval of
the oreliminarv plat and anv final slat IteJ expire and be of no further force or
effect "
~ I
Seefiee 33 I.3 SHAtHissiex-e€ep~Petiee-endiiletr+
exnetces.
aM~~ter send-Siatelnw:
Efj~~1tP0PfttPRtS 0~aH-oca,,,v:.oo-c6:+So.•""°° ~ r ~.w~
dt in fxlLin~iv eed~fiEatiHn-c~F r ~
1. I F
IiiPIHdP~Ft~tltlfO~tnHteT ~ ^I,e..«e
~~hiPlrSHa4)-b
E~j FieFlPea~l9 Fl a a i.o_ .
E4) ~ „j ~
pei~ced: - ~
SECTION ~4L. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of this ordinance are declazed to be
severable.
SECTION j3L. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
3
SECTION [6L. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
4
tv a
" ~4
COUNTY OF HAWAII STATE OF HAWAII
•••A'siY•+~
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED) RELATING TO ZONING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII
SECTION 1. The county administers and enforces various regulations to control land use,
including the subdivision code and zoning code. These regulations specify what developers can
and cannot do in the interest of the public's health, safety, or welfare. The county council finds
that developments proposed in a particular azea should be assessed considering a number of
factors, including how much public infrastmcture is challenged by recent or anticipated growth
in the area. The county council finds that conditions of approval should be imposed to
accommodate the impacts of development of planned unit and cluster plan developments which
consist of seven or more Tots, in order to manage growth and coordinate the delivery of
government services in the county.
SECTION 2. Chapter 25, article 6, division 1, section 25-6-4, Hawaii County Code 1983
(2005 edition, as amended), is amended to read as follows:
"Section 25-6-4 Notice of action on P.U.D. application.
(a) Upon acceptance of a P.U.D. application cons~stine of six or fewer lots, the director
shall fix a date for the director's action on the application. Within ten days after
receiving notice of such date, the applicant shall serve notice of the application on
surrounding owners and lessees of record, as provided by section 25-2-4. The
applicant shall also serve notice on owners and lessees of record of interests in other
properties which the director may find to be directly affected by the P.U.D. permit
sought. The applicant shall also post a sign for public notification on the property as
provided by section 25-2-12.
(b) For P U D applications consistin¢ of six or fewer lots, the[~he] director shall publish
notice of the date of the proposed decision by the director and the date by which
written comments must be received by the director in at least two newspapers of
general circulation in the County, at least ten days prior to the director's proposed
decision.
(cl Within sixri days of acceptance of a P U D application consistine of seven or more
lots the director shall refer the P U D application to the commission and the council
for approval which approval may be subject to conditions in accordance with section
25 6-6 "Actions on P U D permit applications."
(dl The
aoolicantThe
shall~ost
a Bien for public notification on
thea
sien for public notification on the property as provided by
section 25-2-12."
SECTION 3. Chapter 25, article 6, division 1, section 25-6-6, Hawaii County Code 1983
(2005 edition, as amended), is amended to read as follows:
"Section 25-6-6 Actions l~v-d*Feetef} on P,U.D. permit applications.
(a) Except as provided in section 25-6-5, the director shall, within sixty days after
acceptance of a P.U.D. permit application consistine of six or fewer lots, deny the
application or approve it subject to conditionspursuant [o subsection 25-6-6(cl
below or within sixri days after acceptance of a P U D. permit application
consistine of seven or more lots refer the application to the commission and the
council for approval pursuant to subsection 25-6-6(dl below.
(b) The conditions imposed by the director for a P U D consistine of six or fewer lots.
or by the council for a P U D consistine of seven or more lots, shall beaz a
reasonable relationship to the P.U.D. permit issued, and to the approved uses, plans,
and variances of district standards[; ,
. '
The conditions may include, but not be limited to the following:
(1) Commencement and completion time frame for the project;
(2) Boundary and density changes approved in the project;
(3) Uses that aze prohibited or limited;
(4) Specifications for the minimum development standards;
(5) Specifications for street improvement and dedication;
(6) Utilities to be furnished; and
(7) The extent and limitations upon the variances permitted.
(c) P U D Permit Application for Six or Fewer Lots.
The director may, within the sixty-day period after acceptance of a P.U.D.
permit application, grant a partial approval of the request where all plans and
drawings have not been submitted with the original application. Provided,
however, that no building permit shall be issued, nor shall any construction on
the property commence until the drawings have been reviewed and approved by
the director and full P.U.D. permit approval has been issued for the portion of
development comprising the proposed construction.
[(~]f~ When plans and drawings aze submitted after a partial approval of a P.U.D.
permit application has been issued under subsection (c)(11 above with a request
for further partial approval or full approval, the director shall review the
drawings and shall either approve or deny the request within thirty days from
the date that the drawings are filed by the applicant. In the event of a denial of
such request, the applicant may resubmit a revised request for further partial or
full P.U.D. permit approval of the application and in accordance with this
subsection.
[(e)](~ If the director fails to act upon a P.U.D. permit application within the prescribed
sixty-day period as required by subsection (a) above, the application shall be
considered as having been denied and the director shall immediately inform the
applicant of such denial. If the director fails to act upon filed plans and drawings
within the thirty-day period required by subsection cl 2 above, the plans
shall be considered as having been approved and a full P.U.D. permit issued.
2
!dl P U D Permit Application for Seven or More Lots.
(1) In addition to compliance with all other requirements of this chapter anv
application for a P U D consistine of seven or more lots shall be processed in
the same manner as a zone chanee in accordance with Hawaii Counri Code
Chapter 25 Zoning sections 25-2-42 "Amendments initiated by property
owners and other persons" and 25-2-43 "Amendments initiated by the council
and director "The director shall not Brant partial or full approval of a P.U.D.
permit without prior apnroval of the council which approval shall be set forth
within a zoning ordinance and may be subiect to certain conditions If the
council disapproves the P U D application the director shall not Brant partial or
full approval of the P U D permit as submitted and shall state the reasons for
disapproval in writing to the applicant.
(2) Within anv ordinance for a P U D of seven or more lots the council may impose
conditions on the applicant's use of the property subiect to the P.U.D. permit
provided that the council finds that the conditions are:
(A) Necessarv to prevent circumstances which may be adverse to the public
health saferi and welfaze: or
(B) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(i) Protection of thepublic from the potentially deleterious effects of the
proposed use or
(ii) Fulfillment of the need for public service demands created by the
proposed use.
(3) Chanties or alterations of conditions of anv ordinance for a P.U D. of seven or
more lots shall be processed in the same manner as a zone change, unless the
council authorizes the changes or alterations to be made by the director A request
for any chanee or alteration of conditions shall be submitted in writing to the
director and referred to the commission and the council for approval The request
shall be accompanied by a feline fee of $250
Failure to fulfill anv conditions ofthe P U D permit approval within the specified
time limitations or anv extensions thereto may be grounds for the enactment of
an ordinance causing any partial or final approval of the P U D permit to expire
and be of no further force or effect."
SECTION 4. Chapter 25, article 6, division 1, section 25-6-14, Hawaii County Code
] 983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-14. Time extensions and amendments.
(a) For a P U D of six or fewer lots. [A]any request for a time extension or an
amendment to a P.U.D. permit or to the conditions of a P.U.D. permit may be
granted by the director upon finding that no change has occurred in relation to the
property since the P.U.D. permit was issued or that the approval is still valid with
respect to any changed conditions.
(b) For a P U D of six or fewer lots. 14=]the director shall act on any request for a time
extension or amendment within forty-five days after the receipt of the request. In
granting any time extension or amendment, the director may impose additional
conditions to meet the intent of the P.U.D. permit "
3
SECTION 5. Chapter 25, article 6, division 1, section 25-6-15, Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-15. Appeals.
(a) If the director denies a P.U.D. permit for six or fewer lots, such decision is final
except that, within thirty days after the date of the written decision, the applicant
may appeal such action to the boazd of appeals, pursuant to the rules of practice and
procedure of the board of appeals.
(b) Any person aggrieved by the decision of the director in the issuance of a P.U.D.
permit decision for six or fewer lots may appeal the director's action to the board of
appeals, in accordance with this chapter, within thirty days after the date of the
director's written decision.
SECTION 6. Chapter 25, article 6, division 2, section 25-6-22, Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-22. Application for C.P.D.
(a) An application for a C,P.D. permit shall be on a form prescribed by the director and
shall be accompanied by a Fling and processing fee as set forth under chapter 23,
the subdivision control code.
(b) The procedure for processing an application for a C.P.D. permit shall be the same as
that prescribed for a subdivision application under chapter 23, the subdivision
control code includine but not limited to subsection 23-58(el "Application for
Subdivision of Seven or More Lots"
(c) The applicant shall post a sign for public notification on the property as provided by
section 25-2-12."
SECTION 7. Chapter 25, article 6, division 2, section 25-6-26, Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 25-6-26. Appeal of a C.P.D. decision.
Within thirty days after the date of the director's written decision regarding a
C.P.D. for six or fewer lots, any person aggrieved by the decision may appeal the
director's action to the boazd of appeals in accordance with this chapter."
SECTION 8. Severability. If any provision of this ordinance, or the application thereof to
any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 9. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
4
SECTION 10. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
5