HomeMy WebLinkAboutBIL 181 Draft 02 2022-2024COUNTY OF HAWAI`I
JMtY.OF H,
STATE OF HAWAI`I
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BILL NO. 181
(DRAFT 2)
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 HAWAI`I:
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 and update.
(1) The planning director shall initiate a comprehensive review of the izeneral
plan and prepare an updated general plan for independent review by the
windward and leeward planning commissions and then adoption by he
County council. The comprehensive review shall be initiated not more than
ten years after the date of adoption of the previous general plan and submitted
to the County council not more than thirteen years after the date of adoption of
the previous general plan. If the updated general plan is not adopted within
thirteen years, the planning director shall provide quarterlyports to the
County council on the status of the comprehensive review process. If the
updated general plan is not adopted within fifteen years, the planning director
shall reinitiate the comprehensive review process.
(2)_ The planning director shall give notice of the comprehensive review and
general plan update 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 County council, windward and leeward planning
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 for completion
of the review and general plan update period.
(3) The County council shall have one hundred and twenty days after the initial
notice under paragraph(2) of this subsection to propose updates based on the
previous general plan by resolution.
(4) The planning director shall conduct public workshops on updates to the
general plan proposed by the planning director and by the County council.
(5) 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 a draft general plan proposed by the
planning director, a summary of the changes between the current general plan
and the draft general plan, and a report on any County council and public
recommendations to the windward and leeward planning commissions for
their independent review and separate recommendations within sixty days
after the public deadline to submit comments to the planning director.
(7) The planning director shall notify property owner of proposed changes in the
updated general plan 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
days before the first windward or leeward planning_ commission hearing on
the proposed amendment.
(8) The windward and leeward planning commissions shall conduct and complete
their independent review of the draft general plan, and shall both submit their
separate recommendations, within one hundred and fifty days from the date of
receipt of the draft general plan from the planning director.
(9) The windward and leeward planning commissions shall each recommend
gpproval of the draft _ general plan, in whole or in part, and recommend
amendments to the draft, or recommend the rejection of the draft general plan.
If either fails to act on the draft general plan within the required period, it shall
be deemed a negative recommendation from that planning commission only.
(10) Substantive amendments to the draft general plan proposed by either planning
commission shall be reviewed by the planning director. The planning
director's recommendations on the planning commission's substantive
amendments shall be provided to the County council along with the
recommendations on the draft general plan as a whole. An amendment shall
be considered substantive if:
(A) It alters any of the main provisions of the general plan by adding,
removing, or modifying key sections or clauses;
(B) It changes the scope of the general plan by expanding or narrowing the
applicability of the general plan as law;
(C) It changes implementation mechanisms by modifying ing how the general
plan will be implemented or enforced; or
(D) It impacts financial aspects of the general plan by changing funding,
costs, or budget tary implications.
(11) The County council shall review the draft general plan, the separate
recommendations of the windward and leeward planning commissions, and
any substantive amendments from the windward and leeward planning
commissions. The County council may adopt the amendments to the draft
general plan proposed by the windward and leeward planning; commissions
and any non -substantive modifications, deletions, or additions.
(12) The County council shall have sixty days from receipt of the draft general
plan and recommendations from both planning commissions to propose
substantive amendments to the general plan.
(A) The County council shall propose any substantive amendments by
resolution.
(B) The planning director shall have sixty days to review and submit a
recommendation on the proposed amendments to the windward and
leeward planning commissions for their independent review and separate
recommendations.
(C) Each planning commission shall consider the proposed amendments and
shall make their separate recommendations on the proposed amendment
to the County council within sixty days from their receipt of the
planning director's recommendation.
D) If either blannina commission fails to act within the required period on
any amendment, it shall be deemed a negative recommendation from
that planning commission only.
(E) The County council may adopt any amendments to the draft general plan
that have been reviewed by the planning director and windward and
leeward planning commissions, including any non -substantive
modifications, deletions, or additions deemed necessary by the Countv
council.
(d) Interim amendments.
(1) The County council may initiate interim amendments to the general plan at
any time, except during the comprehensive review pursuant to the following
procedures:
(A) The County council may, by 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 planning
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 redesignate its propertypen 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
before the first windward or leeward Manning commission hearing on
the proposed 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 amendment 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;
anv 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 comprehensive review.
(B) The planning director shall conduct a workshop 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 days
before the first windward or leeward planning- commission hearings on
the proposed amendment.
(E) Each planning; commission shall conduct and complete its independent
review on the proposed amendments to the general plan, 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 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 mad 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.
(3) General public.
(A) Consistent with the County Charter, a member of the public may submit
an application requesting the planning 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
(vMaps, graphs, plot plan, and other supportive information.
(C)Upon receipt of a properly filed and completed application, the plannin
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 (l) 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 significant new data or additional reasons that the planning
director may find to be a sufficient basis for the application to be
considered.
e) Rules and regulations.
The planninp, director and the windward and leeward Dlannins2 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'l
, Hawai'i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
Reference Comm. 939.4