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~wor ~~ti~. .4 COUNTY OF HAWAII STATE OF HAWAII •~haM~~ RESOLUTION NO. 158 O`7 (Draft 2) 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 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 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, standazds 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: