HomeMy WebLinkAboutBIL 108 Draft 01 1984-1988 /moi /144,76
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COUNTY OF HAWAII - ',. f. ATE OF HAWAII
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Bill No. 108
O '.DINANCE NO.
AN ORDINANCE AMENDING THE HAWAII COUNTY CODE BY INCLUDING A NEW
CHAPTER RELATING TO STATE LAND USE DISTRICT BOUNDARY AMENDMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose : In accordance with the authority delegated
to the Counties by Chapter 205-3.1 of the Hawaii Revised Statutes
and in the interest of reducing processing time and cost, and
reducing duplication of effort, this ordinance creates a new chapter
in the Hawaii County Code dealing with procedures for the County to
process State Land Use District boundary amendments involving land
areas of less than fifteen acres except those lands within the State
Land Use Conservation District.
SECTION 2. The Hawaii County Code is hereby amended by adding
the following chapter:
"CHAPTER 28
STATE LAND USE DISTRICT BOUNDARY AMENDMENT PROCEDURES
Section 28-1. Title. This chapter may be cited as the State
Land Use District Boundary Amendment Procedures.
Section 28-2. Scope and applicability.
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(a) The provisions set forth in this chapter provide for
procedures in amending the State Land Use District
boundaries for lands involving less than fifteen acres and
where such lands are situated within the State Land Use
Urban, Rural, and Agricultural Districts. This chapter,
however, does not apply to those lands situated within the
State Land Use Conservation District.
(b) The following persons may initiate a petition for a
district boundary amendment:
(1) State departments or agencies.
(2) County of Hawaii departments or agencies
(3) Any person with a property interest in the land sought
to be reclassified.
A person owning less than fee title to the property shall submit
a written statement from the remaining owners of the property
consenting to the processing of the boundary amendment.
Section 28-3. Applications for a Boundary Amendment.
(a) An application for a district boundary amendment shall
include the following:
(1) A description of the property, including the Tax Map
Key and acreage, with maps that identify the subject
area.
(2) The exact legal name of each petitioner and the
location of the principal place of business, and if an
applicant is a corporation, trust, or association, or
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other organized group, the state in which the
petitioner was organized or incorporated.
(3) The name, title and address of the person to whom
correspondence or communication in regard to the
application are to be addressed. Notice, orders, and
other papers may be served upon the person so named,
and such service shall be deemed to be service upon
the petitioner.
(4) A statement regarding the petitioner ' s proprietary
interest in subject property.
(5) The reclassification sought and the present use of the
property.
(6) A written description of the proposed development, if
applicable.
Section 28. 4 Conformance to the General Plan.
Persons desiring a State Land Use District boundary amendment
shall file a petition with the County Planning Department. The
petitions shall be prepared in accordance with Section 28-3. Upon
receipt of a completed petition, the Planning Director shall
determine whether the state Land Use District sought to be
reclassified under the boundary amendment petition is in conformance
with the County General Plan.
(a) If the requested State land use classification is in
conformance with the County General Plan, the Planning
Director shall approve the petition for a State boundary
amendment.
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(b) If the requested State land use classification is not in
conformance with the County General Plan designation, the
petitioner shall secure a County General Plan amendment for
an appropriate General Plan designation.
The following State Land Use District classifications and County
General Plan designations shall determine conformance :
Conforming County General
State Land Use District Plan Designation
Urban: High Density Urban Development
Medium Density
Low Density
Industrial
Resort
Alternate Urban Expansion
University Use
Flood Plain (*)
Rural: Flood Plain (*)
Agricultural: Intensive Agricultural
Extensive Agricultural
Orchards
Conservation: Open Space
Conservation
Flood Plain (*)
(*) Subject to interpretation by the Planning Director.
Section 28-5. Notification of Land Use District Boundary
Amendment.
Within 10 working days of the receipt of a completed Land Use
District boundary amendment petition, the Planning Director Shall
determine if it is in conformance with the County General Plan.
If the boundary amendment is not in conformance with the
General Plan, the Planning Director shall notify the petitioner by
mail. If the boundary amendment is in conformance with the General
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Plan, the Planning Director shall transmit a copy of the petition,
map of the property, and approval to the County Council, County
Planning Commission, State Land Use Commission, and State Department
of Planning and Economic Development."
SECTION 3. If any portion of this chapter, or its application
to any person or circumstance, shall be held unconstitutional or
invalid, the remainder of this chapter and the application of such
portion to other persons or circumstances shall not be affected
thereby.
SECTION 4. This ordinance shall take effect upon its approval.
Introduced by:
1( OUNCIL MEMBE' OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: December 4, 1985
Date of 1st Reading : December 4, 1985
Date of 2nd Reading :
Effective Date:
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