HomeMy WebLinkAboutBIL 181 Draft 01 2022-2024OF
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COUNTY OF HAWAI`I •_ STATE OF HAWAI`I
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BILL NO. 181
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 1 OF THE HAWAI`I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
GENERAL PLAN.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAFI:
SECTION 1. Chapter 16, article 1, section 16-1, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 16-1. The County of Hawaii general plan.
(a) That certain planning code known and designated as "County of Hawaii general
plan," as adopted on December 5, 1971, by the council of the County of Hawaii, is
Hereby adopted by reference, subject to later amendments by ordinance, and may be
cited as the "general plan."
(b) A copy of the general plan and amendments shall be available for public inspection
at the planning department.
(c) Comprehensive review.
(1) The planning director shall initiate a comprehensive review of the general
plan and prepare a set of recommended amendments for independent review
by the windward and leeward planning commissions and then adoption by the
County council. The comprehensive review shall be initiated not more than
ten years after the date of adoption of the previous amendments resulting, from
a comprehensive review and submitted to the County council not more than
thirteen years after the date of adoption of the previous amendments resulting
from a comprehensive review.
(2) The planning director shall give notice of the comprehensive review to the
County council, windward and leeward planning commissions, and the
general public. The notice shall state:
(A) The general scope of review;
B The opportunity.for the Count council windward and leeward plannin
commissions and the general public to provide their comments and
suggestions to the planning director; and
(C) The initiation date, general sequence of events, and time„fob; completion
of the review period.
(3)_. The_planning director shall establish a deadline for council -initiated
amendments during the comprehensive review which shall be not less than
one hundred and twenty days after the initial notice under paragi aph (2) of
this subsection. The County council may initiate such amendments by
resolution.
4 The planning director shall conduct public workshops on amendments
proposed by the planning director and by the County council.
(S) The public shall be afforded twenty-one days from the date of the last public
workshop to provide comments to the planning director.
6 The planning director shall then submit the amendments proposed by the
lannin director and by the County council to the windward and leeward
planning commissions for their independent review and separate
recommendations within tltirt da s after the public deadline to submit
comments to the planning director. Thelannin director shall inake a
recommendation on any council -initiated amendments.
(7) The planning director shall notify a property owner of a proposed amendment
that would redesignate its property to open or conservation, unless the
property is already designated conservation by the State land use commission.
Notice shall be given not less than twee . -one days before the first windward
or leeward planning commission hearing on the proposed amendment.
$ The windward and leeward lannin commissions shall conduct and complete
their independent review on the proposed amendments to the general plan, and
shall both submit their separate recommendations, within one hundred and
fifty days from the date of recei t of the proposed amendments front the
planning director.
(9) The windward and leeward planting commissions shall each recommend
approval of the proposed amendments, in whole or in part, recommend
changes, or recommend the rejection of the proposal for changes to the
general plan. If either fails to act on a proposed amendment within the
required period, it shall be deemed a negative recommendation from that
planning commission only... If both fail to act on.a. proposed amendment within
the required period, such failure to act shall be deemed a negative
recommendation from both planning commissions.
(10) The County council shall review the amendments submitted and the separate
recommendations of the windward and leeward planning commissions and
adopt an amended general plan. The County council may adopt the changes
proposed by the planning director and windward and leeward planning
commissions including any modifications deletions or additions deemed
necessary.by the CoLjM council.
Interim amendments.
1 The Counjy council may initiate interim amendments to the general plan at
any time exce t durin the cons reliensive review purstiant to the following
procedures:
(A) The County council may, resolution, request the planning director
and windward and leeward planning commissions to independently
review and make separate recommendations on a proposed amendment.
(B) The planning director shall have sixty,days or a longer period, as may be
agreed to by the County council, to submit a recommendation on the
proposal to the windward and leeward planning.commissions for their
independent review and separate recommendations. The planaiag
director's recommendation may include suggested changes consistent
with the general intent of the proposed amendment, and the planning
director shall, if requested by County council, prepare a draft ordinance
to implement the proposed amendment.
(C) The planning director shall notify a property_ owner_ of a proposed
amendment that would redesi Hate its propegy too en or conservation
unless the property is already designated conservation by the State land
use commission. Notice shall be given not less than twenty-one days
Wore the first windward or leewardlannin commission hearing on
the ro osed amendment.
(D) Each planning commission shall consider the proposed amendment at no
less than two meetings, and shall make their separate recommendations
on the proposed amendii-tent to the County_ council within sixty days
from their receipt of the planning director's recommendation.
(E) If either planning commission fails to act within the required period, it
shall be deemed a negative recommendation from that planning
commission only. If.both.planning commissions fail to act on a proposed
amendment within the required period, such failure to act shall be
deemed a negative recommendation from both planning commissions.
F The County.council may adopt the changes proposed by the planning
director and windward and leeward planning commissions, including
any modifications, deletions, or additions deemed necessary by the
County council.
(2) Planning director.
(A) The planning director may initiate an interim amendment to the general
plan at any time other than during the comprehcnsive review.
B The planning director shall conduct a workshon on the proposed
amendment prior to submitting it to the windward and leeward planning
commissions.
(C) The planning director shall submit the proposed amendment to the
windward and leeward planning commissions for their independent
review and separate recommendations.
(D) The planning director shall notify a property owner of a„proposed
amendment that would redesignate its property to open or conservation,
unless the property is already designated conservation by the State land
use commission. Notice shall be given not less than twenty-one dais
before the first windward or leeward planning commission hearing on
the proposed amendment.
(E) Each planning commission shall conduct and complete its independent
review on the proposed amendments to the general planL.and shall
submit its separate recommendations, within one hundred and twenty
days from the date of receipt of the proposed amendments. If either
planning commission fails to act within the required period, it shall be
deemed a negative recommendation from that planning commission
only. If both-planningboth-p1sinning commissions fail to act on a proposed amendment
within the re uircd period, such failure to act shall be deemed a negative
recommendation from both planning commissions.
(F) The County council may adopt the changes proposed by the planning
director and windward and leeward planning, commissions, including
any modifcations, deletions or additions deemed necessary.. by. the
County council.
3) General public.
(A) Consistent with the County Charter. a member of the oublic may submit
an application requesting thelannin director to initiate an amendment
to the general plan at any time except during the comprehensive review.
(B) The application shall include:
(i) A filing fee of $500 to cover the administrative cost of processing
the application,
ii A statement of the nature of the proposed amendment,•
(iii) A draft of the language of the proposed amendment,
iv A statement of the reasons for granting the proposed change,
supported by a written, documented assessment of the relationships
of the proposed change with pertinent elements of the general plan;
and
(v) Maps, graphs, plot plan, and other supportive information.
(C) Upon receipt of a properly filed and completed application, the planning
director shall have one hundred and twenty days to take one of the
following actions:
(i) Reject the application for an amendment; or
(ii) Initiate an amendment to the general plan.
D Should the planning director initiate an amendment the amendment
shall be processed according to paragraph (2) of this subsection.
(E) In the event that the planning director rejects an application for an
amendment, the applicant may request the County council to initiate an
amendment on its behalf at any time, except during the comprehensive
review. If the County council decides to initiate the proposed
amendment by resolution, the amendment procedure shall follow
paragraph 1 of this subsection.
(F) In the event that an application is denied by the County council, the
same or a substantially similar application may not be submitted for
consideration within one year following such denial, unless the applicant
submits sip
nificant new data or additional reasons that the plaqqjqg
director may find to be a sufficient basis for the application to be
considered.
(e) Rules and regulations.
ry Thelannin director and the windward and Ieeward planning commissions
are authorized to promulgate rules and regulations to implement the amendment
procedures..Any such rule or regulation shall be established by. the windward and
leeward planning commissions acting jointly.."
SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawai` i
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 939