BIL 219 Draft 01 2014-2016 - Laserfiche WebLink

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..„.0...c.1....... COUNTY OF HAWAII ,**AN'. .0:-: STATE OF HAWAII t�us•Nt._ BILL NO. 219 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 7, SECTION 19-57 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO NONDEDICATED AGRICULTURAL USE ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to encourage proper use of the nondedicated agricultural use assessment, to close loopholes, to add an inspection process, to add a decision notification process, and to prevent abuse. SECTION 2. Chapter 19, article 7, section 19-57 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 19-57. Nondedicated agricultural use assessment. (a) Lands classified and used for agriculture and which are not dedicated pursuant to section 19-60, may be assessed for real property tax purposes as established in subsection (a)(2) of this section and shall be subject to the following: (1) The land in nondedicated agricultural use must be used on a continuous and regular basis for intensive agriculture, orchards, feed crops and fast rotation forestry or pasture and slow rotation forestry, or be fallowed for any of the aforementioned purposes, or agricultural waste lands, on lands zoned by the County to be in the districts of agricultural, residential and agricultural, family agricultural, intensive agricultural, and agricultural project district; (2) The portion of land that is committed in specific nondedicated agricultural use shall be assessed at two times the dedicated agricultural use value as established by the director of finance under this chapter; and (3) A farm dwelling site shall be assessed at the highest commercial agriculture use value, provided that the maximum farm dwelling site area to be assessed at the highest commercial agriculture use value shall not exceed one-fourth acre. (b) All portions of land that are not committed or used for a specific agricultural use shall be assessed based on the proportional market value of the total property. (c) Application; filings; notice; assessment effective; inspection; renewal. (1) The director shall prescribe the form of the nondedicated agricultural use application. (2) The application shall be filed with the director by December 31 of any calendar year. (3) The application for a nondedicated agricultural use assessment must be signed by all owners of the land being committed.