ORD 2009-118 2008-2010 - Laserfiche WebLink

Home

J~tY os h,~1 COUNTY OF HAWAII STATE OF HAWAII qTE Gf •M?.•1~ BILL NO. 64 ORDINANCE NO. 09 18 AN ORDINANCE TO AMEND CHAPTER 2, CHAPTER 6, CHAPTER 23, CHAPTER 25, CHAPTER 28, AND CHAPTER 34, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO THE CONVERSION FROM A SINGLE PLANNING COMMISSION TO WINDWARD AND LEEWARD PLANNING COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Purpose. The purpose of this ordinance is to amend six chapters of the Hawaii County Code that make reference to a single planning commission. Ordinance No. 08-01 initiated a potential Hawaii County Charter (hereinafter "Charter") amendment that would primarily create two planning commissions where there was previously one to serve the county. The electorate approved this measure, thus creating windward and leeward planning commissions, thereby requiring that certain portions of the Hawaii County Code (hereinafter "the Code") be amended to reflect that Charter amendment. The Charter amendment did not contain provisions for what constitutes a quorum for any meeting of the commissions, whether acting independently or jointly. Section 2-28 of the Code, as it pertained to a single commission, stated that a majority of the voting members of the planning commission constitutes a quorum for the purpose of conducting business. Therefore, section 2-28 is amended in accordance with the previous provision as it now pertains to separate meetings of the windward and leeward planning commissions, and require a majority of each commission to be present to constitute a quorum for the purposes of any joint meeting. Section 2-31, subsection (a) and (c) of the Code are proposed for deletion in their entirety. Subsection 2-31(a) provides for the preparation, submittal, and approval processes for the general plan. This section was codified prior to the general plan's adoption on December 5, 1971, to provide the planning director, planning commission, and the council the authority and duty to create the general plan. As a general plan has been adopted and subsequently amended on several occasions, section 2-31, subsection (a) is no longer pertinent and can be deleted in its entirety. Subsection (c) provides for a public hearing process for the submittal of a general plan, and amendments thereto, to the council. This subsection was also implemented for the creation of a general plan, which has occurred. The general plan contains specific provisions for its amendment (chapter 16), including public hearing requirements. Section 2-32, subsection (a) of the Code, relating to subdivision regulations, is similarly amended by deleting enabling language that provided the planning director, planning commission, and the council the authority and duty to create general ordinances regulating the