COM 0331.002 2006-2008 - Laserfiche WebLink

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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