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SECTION 21. Chapter 28, section 28-4, Hawaii County Code 1983 (2005 Edition, as <br />amended) is amended to read: <br />"Section 28-4. Review of petition by planning director. <br />Within ninety days of acceptance of a petition or such longer period as may be agreed to by <br />the applicant, the planning director shall submit the director's recommendation to either the <br />windward or leeward planning commission[.-], or both actin¢ jointly, as provided for in the <br />Charter. The director shall recommend either the approval or denial of the proposed amendment <br />to the desi ng ated planning commission, or joint commission, subject to conditions which would <br />further the intent of this chapter and the general plan and other related ordinances." <br />SECTION 22. Chapter 28, section 28-5, Hawaii County Code 1983 (2005 Edition, as <br />amended) is amended to read: <br />"Section 28-5. Review of petition by planning commission. <br />~ For the pumoses of this section, "planning commission" means either the windward or <br />leeward planning commission, or both acting as a joint commission, as provided for in <br />the Charter. <br />Within sixty days of the planning director's recommendation, the planning commission <br />shall conduct at least one hearing on the petition. The planning commission, on behalf of <br />the County council, shall notify the State land use commission and the State department <br />of [^'^^^~~~ ^~a ^^^~^"''^ ''°^°'^^"'°^`] business, economic development, and tourism <br />of the time and place of the hearing and the proposed amendments scheduled to be heard <br />at the hearing. After conclusion of the hearing, the planning commission shall <br />recommend either the approval or denial of the proposed amendment to the County <br />council subject to conditions which would further the intent of this chapter and the <br />general plan and other related ordinances. The planning commission shall forward a <br />report concerning its findings and recommendation to the County council through the <br />mayor. Prior to the planning commission's forwarding its report to the council, the <br />applicant shall file with the planning department a map and description by metes and <br />bounds of property as certified by a surveyor." <br />SECTION 23. Chapter 34, article 1, section 34-3, Hawaii County Code 1983 (2005 <br />Edition, as amended) is amended by adding a definition for "Planning commission" to be <br />appropriately designated and to read: <br />""Planning commission" means either the windward or leeward planning commission, or <br />both acting as a joint commission, as provided for in the Charter." <br />SECTION 24. Severability. If any provision of this ordinance or the application thereof <br />to any person or circumstance is held invalid, such invalidity shall not affect other provisions or <br />applications of the ordinance which can be given effect without the invalid provision or <br />application, and to this end, the provisions of this ordinance are declared to be severable. <br />10 <br />