HomeMy WebLinkAboutBIL 169 Draft 01 2024-2026 JMSY of N1{y•.
COUNTY OF HAWAI`I . • STATE OF HAWAII
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BILL NO. 169
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 42, OF THE HAWAI`I
COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO PUBLIC
ACCESS, OPEN SPACE,AND NATURAL RESOURCES PRESERVATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Purpose. The purpose of this ordinance is to implement the
recommendations of the Council's ad hoc committee,which was established in June 2025,to
review the preservation program and improve the acquisition process of the Public Access, Open
Space, and Natural Resources Preservation Commission. This ordinance will require a periodic
review of unacquired properties previously selected by Council for preservation, and properties
that scored ninety percent or higher are provided additional time for acquisition before they are
reassessed.
SECTION 2. Chapter 2, article 42, section 2-217, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 2-217. Duties and responsibilities of the commission.
The duties and responsibilities of this commission are:
(1) To develop a standard scoring methodology to evaluate and rank potential
lands worthy of preservation;
[( .)] (2) To [develop and] submit to the mayor[an island wide] a prioritized list
of qualifying lands worthy of preservation[.-] that have received a score of
seventy percent or higher. The commission shall give emphasis to land
acquisitions where the County's contribution can be leveraged to obtain
State,Federal, [andier] or private lands.Priorities shall be listed on an
island-wide rather than district basis. The list shall include the significance
of each parcel or entitlement identified,the reason for its priority, and its
anticipated use after acquisition;
[(2)] (3) To update this list at any time,but at least annually by December 31 of
each year;
[( )] (4) To explore methods of funding land acquisition and make
recommendations to the mayor;
[(4)] (5) To review, evaluate, and make recommendations to the director of
finance regarding applications for stewardship grants from the maintenance
fund,within six months of receipt of each application.Recommendations
shall address whether grant applicants have the ability to complete their
proposed projects according to the project plan, on time, and within cost
estimates, in accordance with section 10-16(h) of the Charter;
RSA (6) To review stewardship grant applications,business plans, agreements,
and other documentation accompanying grant applications. The commission
may also conduct interviews and perform site visits and other activities
necessary to formulate a recommendation; and
[(-6}] (7) To review stewardship grant recipient performance reports, conduct
interviews, and perform site visits and other activities necessary to verify
that grant objectives are being met. The commission shall forward its
findings to the director of finance."
SECTION 3. Chapter 2, article 42, section 2-218, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended by amending subsection(a)to read as follows:
"(a) The prioritized list developed by the commission shall be submitted to the mayor
for comments and [recommendation.] recommendations.Within sixty days after
receipt,the mayor [will] shall submit the list to the council with comments and
recommendations.The council shall,by resolution, select the land or lands to be
preserved.The director of finance shall make reasonable efforts to acquire
properties selected by the council for preservation within the designated time
periods, as follows:
(1) Within ten years of the adopted resolution for properties receiving a score of
ninety percent or higher; and
(2) Within five years of the adopted resolution for properties receiving a score of
less than ninety percent.
The commission shall reassess properties not acquired within the designated
time periods and, in doing so,may reselect these properties for inclusion in a later
prioritized list.
(b) Under no circumstances shall the purchase price paid for a property exceed the
appraised value as prepared by an independent appraiser engaged by the County.
Where there are multiple lands under consideration at any one time,priority shall be
given to coastal lands and lands where matching funding is available to leverage the
County contribution."
SECTION 4. Chapter 2, article 42, section 2-218, of the Hawai`i County Code 1983
(2016 Edition, as amended) is further amended by redesignating subsections (b), (c), and(d) as
subsections (c), (d), and(e),respectively.
SECTION 5. Within sixty days after this ordinance taking effect,the Director of
Finance shall submit to the Council an updated prioritized list of past properties, consistent with
this ordinance.
SECTION 6. Material to be repealed is bracketed and stricken.New material is
underscored. In printing this ordinance,the brackets,bracketed and stricken material, and
underscoring need not be included.
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SECTION 7. 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 8. This ordinance shall take effect upon its approval.
INTRODUCED •
CO MEMBER COUNTY OF HAWAII
•
atC
COUNCIL MEMBER, COUNTY OF HAWAII
,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 939
ffl R ODIC 91I U II 01110110
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