ORD 2009-118 2008-2010 - Laserfiche WebLink

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SECTION 21. Chapter 28, section 28-4, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 28-4. Review of petition by planning director. Within ninety days of acceptance of a petition or such longer period as may be agreed to by the applicant, the planning director shall submit the director's recommendation to either the windward or leeward planning commission[...], or both acting jointly, as provided for in the Charter. The director shall recommend either the approval or denial of the proposed amendment to the designated planning commission, or joint commission, subject to conditions which would further the intent of this chapter and the general plan and other related ordinances." SECTION 22. Chapter 28, section 28-5, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 28-5. Review of petition by planning commission. O For the purposes of this section, "planning commission" means either the windward or leeward planning commission, or both acting as a joint commission, as provided for in the Charter. Within sixty days of the planning director's recommendation, the planning commission shall conduct at least one hearing on the petition. The planning commission, on behalf of the County council, shall notify the State land use commission and the State department of [planning and eeenomie development] business, economic development, and tourism of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing. After conclusion of the hearing, the planning commission shall recommend either the approval or denial of the proposed amendment to the County council subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. The planning commission shall forward a report concerning its findings and recommendation to the County council through the mayor. Prior to the planning commission's forwarding its report to the council, the applicant shall file with the planning department a map and description by metes and bounds of property as certified by a surveyor." SECTION 23. Chapter 34, article 1, section 34-3, Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding a definition for "Planning commission" to be appropriately designated and to read: ""Planning commission" means either the windward or leeward planning commission or both acting as a joint commission, as provided for in the Charter." SECTION 24. 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. 10