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HomeMy WebLinkAboutCOM 0172.003 1996-1998 Roger e~'' Lyrfi.a `LVeiss P.D. Bo~3178 xaiLua-Dona, ~(rtwaii 96745 fax eh'J{ome 4elephone (BQBJ 325-7714 January 25, 1997 Curtis Tyler .,,..~Jr ~ ~ Hawaii County Councilman 11~r- 8~ Dale-------------°°~ County Council ~ year Curt, Thank you again for your commitment to the aina and the people of Hawaii. 1 am enclosing (I) ORDINANCE NO. 96-71 regarding Native Forests, and (2) Dept. of Finance-Real Property Tax info. sheet regarding Agricultural or Ranch Land Dedication. ~S'ee ~ . z~ In order to conform with other agricultural dedications and encourage people to dedicate land to Native Forest, L am submitting specific amendments to this Ordinance. As the Ordinance states, this tax incentive is valuable for present and future generations to protect "hundreds of plant species found nowhere else in the world, (protect) topsoil, and watershed" so valuable to our water needs on this island. On page 11 "or the sale of the property" should be omitted. In additional, 1 suggest adding item (j) (j) The dedication runs with the land and binds successor-owners. If such lands are subdivided, each subdivided parcel shall be independently subject to the dedication. Thank you for your consideration. At the appropriate time, perhaps before this is considered at the County Council, I would be happy to send this information and speak to other Council members. Sincerely, , lto er A. Weiss 2 . o fJrC ~f. r H'lle P(o. Presented FG )ie[. 1bf 1Ret. I~Ee._._.~--~L~' ' 05;'Z4iL995 09:51 9533291 HI GuUNTY COUNCIL FatiE 111 Oa~e a of ~ Post-il` Fax Note 7671 vageL ~ ~ From y. ro G~~ 1 1 \1~ ' coloeptt Ja co. Pt~~~. d ~ _ o • _ STATE OF HAWAII FBY M ~ ~ FLY A ppp; lyf- Yuc.v~ <v~nS BILL NO. 255 (Draft ORDINANCE NO. ?1 ORDL:~~iA:~CE .~„~7E~IDING CH:'\PTER l9 OF THE ItA~V?1I COI~'NTI~' CODE 1983 (1945 EDITIOti). RELATINCr TO ftE.al, PROPERTY TAX ASSE$Sb1ENTS OF NATIVE. FORESTS BE IT ORD.4LtiED BY THL- COU\CIL OF THE COL;vTY OF HAWAII. SECTIOti I Findings and Purpose. The Council finds that County's agricultural tax assessment system contains an incentive to cut down or graze native forests in order to receive a lower tae assessment. This :ncenuve has led to massive deforestation on the Bland of Hawaii, which has contributed to the extinction of hundreds of plant species found nowhere else in the world, the loss of top soil, and the loss of watershed. lu order to removc this tax incentive, "Native Foresu" has been added' [o the "Agricultural" tax classification. Furthermore, land that qualifies in the "Native Foresu" clais shall be given the lowest assessment for which the same land would otherwise qualify. The goal is to remove financial incentives within the County's [axing politics to cut down or degrade our remaining native foresu, without jeopardizing the Couny's revenue base. Additionally, the Council wishes to encourage the restoration of native forests by allowing the owners of land in pasture that do not currently meet the criteria of an existing native forest to bring the land in conformance with the criteria within a specified tune without beintz penalized by a hiu.,lter tax assessment. This measure also provides relief for native forests- destroyed by fire, hurricane or other disasters during a dedication period. Finally, a ne~v section establishing native forest dedication procedures is prpposed for a period of twenty yearn and the land would be taxed at fifty percent of iu assessed value. This provides a tremendous incentive for preservationisu and demonstrates the County's commitment to maintaining our forest lands. The combination of removing detrimental tax incentives and replacing them with pestttve incentives should further the protection and restoration of native forests :n the Cuunt•: of Hawaii /~~v o: h~k, Stephen K. Yamashiru / T ~ J 1 Harry A. Takahashi T1arv. L Dirzc for t '~11 01 MI.i, (Znunf~r of ~ttfuttii DEPARTMENT OF F[NANCE-REAL PROPERTY TAX 75S7J7 Ku,klnl Highway, Suim 102 K~ilu~~Kona, H~w~ll 9670 (80B) )264779 F~• (BOB) 7294272 AGRICULTURAL OR RANCHLNC LAND DEDICATION ~ ti - nc '.6.:t 'u ~1 gyp,} F'L. rt?ti ,.n .l _ Th1e reiaaae la ;trovided for the purpoaa`bf'lnfoi•mirig`~aal pFopdr~ynovnetelbf the r requirements and proeeduree involved Ln order for the reel property owner to dedicate hts Land for a specific ranching or agricultural use thereby causing ouch dedicated lend to be assessed and taxed in Che dedicated use. This release is no[ intended to cover every aspect of the dedication process nor is it intended to waive compliance or enforcement ' pursuant to•the terms of the ordinance. Land dedication, Chapter 19, Article 7, Section 19-55 of the County of Hawaii, eatabllehee a special agricultural land reserve and allows a land owner to dedicate his land for a epee ific ranching or ocher agricultural use. The term "agricultural use" means lands actually put to agricultural use adhering to aeeaptabla standards Eor eha production of crops or spaeEEic livaatoek. IC does not include or apply to arena used primarily as ye rd space, set baeka, or open landscape associated with residential use planted with ornamental plants, fruit or ornamental trees and vegetables primarily for home use. Ueee ocher than agricultural or ranching, such as residential, located on the same parcel are excluded from dedicatloa. ' To receive this special tax aeseaemeat, the over of lands In agricultural, rural or conservation dletriets must petition the Director of Flnanee,and declare Chat his land will be vtillzed for a specific ranching or agricultural use. If the petition Ls approved, the Nutice of Dedication must be recorded at Che Burnau of Conveyances within 00 days of approval to ba affaetiva. (NDTEt Parcels within the agricultural district that are currently being used for agricultural purposes can receive the special tax aeeesement (actual use value) by ' contacting the aeee~aor prior to December J1. A pa[ltloa for dedicatloa need not be filed.) LHiO QUALIPIES TO PETIT IO H? Myone who own land in agricultural, rural, eonaervation, or urban land use districts may petition to dedicate his land for a speelfic ranching or other agricultural use. A lessee may dedicate hie land if he has 10 or more years, or at least 20 years for a 20-year dedication, remaining on his lease. Only lands in an agricultural dietriec arc eligible for the 20-year dedication. ) M owner of land in urban land use districts may petition to dedicate his land provided [he land has been aube[antially and continuously used for the production of specific crops or livestock use for [he immedlata past 5 years, the annual gross lncoma derived from the production of crops or specific llvaatock shall be not leas than SS00 per acre or portion thereof, the use is economically feasible, end the use le situated in ao area wherein such use is pezmiseible under county zoning ordlnanees sad compatible with the aurroundEng uses. Pasturing and grazing of animals do not constitute LLveatock use within Cha urban land use dietrlet. 17HEAE AND 111iF.C TO FILE TIIE PETITIONt A new petEtl~n for dedication or a petition Eor change in dedicated use shall be filed vt[h the Real Property Tax Offlca in which the land is located. Petition forme are available at the Real Property Tax Office. For lands leceted in the County of Hawaii, a new petition or a petition to change use must be filed with Che Reel Property Tax Givieion, d65 Plilani Street, !Silo, Havafi 96720. In order Eor a dedication to be effeccive for any tax year, the petition must be filed on or before September l of the prior tax year. Pr~~ire 4 copies of this petition (carbon eoples acceptable). Copies must be signed by all partlca having legal interest !n [he petitioned land (for example, husband and wife). the petition may Ae for several land parcels except areas or parcels In urban dietriec which shall be by separate petition. A copy of this petition shall 6e returned to the petltlonc r. :ax Information ReLeaee page ~ [N POR1iATI0N TO 9E INCLUDED IN PETITION, A tax map or facsimile shoving the area Co be dedicated, the homesite area if any, non-dedicated and uneulcable area, must accompany each copy of petition. A statement of the petltloner's paatura rotation, crop cycle planting. harvesting or marketing schedule of products, livestock or aalmal• shall be aubmltted. Any incomplete petition will be returned and Lf not eomplated by • due date, will ba disapproved. In epaelfylag Che use, broad aCatementa such a• agricultural use or ranehing use are eat acceptahle. Tha specific use must ba stated, e.g. truck atop, specific flower growing, sugar cane, pineapple, poultry, piggery., dairy, sheep pasture, cattle pasture, or any combination of these, as the dedication may be for several uses simultaneously. For example, the dedication may b• half for truck eropa and eh• other half for cattle pasture, sad it may involve eh• •ntlr• or any portion,of the tax pareal. c1LlAT IS TLlE PROCESSING PROCEDURET 1. All petitions shall be reviewed to determine that Che use is proper, and all pertinent Ltem• are complete sad correct. No petition for dedication shall be deemed to have been fl led unless the petition fa complete in form and any errors or deficiencies have bean corrected. 2. The Diraccot of Finance shall conduct a finding of fact to determine vhecher the lead in Che petitioned area is suited for the intended agricultural use, the productivity ratings of the land for those uses to which it ie beet suited, the adequacy or sufficiency of the size or area of the unit for the petitioned use and the preaeat uan of the surrounding lands, and that the intended use Se not in conflict with the overall development plan of the State and County or County zoning ordinances. For lands in urban districts, ehn Director shell also determine vhecher the specific use 1~ •eonomically feasible. 3. Pinal approval or disapproval shall 6• made by December 15. If all the findings are favorable, the Director of Plnanca will approve the petition and submit the petition for reeordlag at the Bureau of Coavayances upon receipt from petitioner of a $25.OOfiliag fee. Por •11 petitions involving the land court system, the filing fee i• $25.00 and moat ba accompaalad by the original copy of the Transfer Certificate of TiCl'a. The purpose of the recordation Ls to alert prospective 6uyars of the potenelal retroactive liability. Nhea all requirements are me c, the Director of Finance will declare the land to be dedicated effective July 1. , If the petition Le disapproved, the owner may appeal bq April 9. ~''CONSEQILENCES OF DEDICATIONT The over of a dedicated land automatically bind¦ himself to the dedicated use. Thn j aver may change the dedicated agricultural use to another agricultural use vithauc adverse tax consnquancna 6y filing • petition for change of ua• prior to change of use hand the Director of Finance approving such change in uan. The dedication rune with the )lead and_binde suceeasor-ovners_.__,If such leads ar_n subdivided each ~ubdiylded arcel ~ ahall_ba_Lndapendently.,tubjact to the dedication. The eteassment for tax purposes shall _.be based an the value oftha dedicated property in !ts dedicated use. Lando within the agricultural land use district dedicated for 20 year will be aaseseed at SOx of Sts assessed value in the dedicated use. The use value assessment Ls based on the premise that this would encourage the land owar to develop and continue the productive and vise use of the Land. The apeelal tax assesemene privilege, on the basis of uee value aeaeeament, shall apply to the land as long as the owner complies with the dedication. The owner La responsible to report nay changes to the Real Property Tax Office. For dedicated lends the Tax Office also records the highest end beet uee aeaeeament value. The difference between the highest and beat use sad the agricultural use value shall be the basis Eor the retroactive assessment, which shall be imposed, with a lOZ per annum penalty, on all ovnera who violate the dedication. Upon fulfilling the minimum period of the dedication, (LO or ZO years as the case may be?, the aa.ac. sty a -aa' a ued t v shout bai wb age to the ratroactiv aeeesementa or penalties-by iug with the Director o Finance a written notice of cancellation. Far a ten-year dedication, the owner shall submit [he cancellation notice after the ninth year. For a twenty-year dedication, the notice shall be aubmltted after the niae[eenth gear. Cancellation can also be submitted after [hn minimum period is Fulfilled. NoClces of cancellation received by December 31 shall be effective ae of July 1 of the following tax year. uL{AT IS THE PENALTY FOR VIOI.ATIONT If the over fails to uee the land ae dedicated or fails [o observe the reeCriction on the use of hie :a~;:d, the dedication shall be cancelled, and a retroactive asaeesmen[ and penalty shall be imposed. The additional taxes shell be aaseseed rettoactive [o [he date of the dedication but for not more than 10 or 20 years, as the case may be. The additional taxes due and ovin shall be a aramount lien on [he land. FOK ADDITIONAL LNFORFIATION, please contact [he County Real Property Tax Office.