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Home My WebLink AboutBIL 176 Draft 01 2024-2026 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. Findings and purpose. The Council finds that the General Plan occupies a unique position in the County’s planning framework and serves as the principal long-range policy document guiding land use, infrastructure, housing, environmental stewardship, economic development, and public services. The Council further finds that past comprehensive reviews of the General Plan, including the processes leading to the adoption of the 2005 General Plan and General Plan 2045, demonstrate the need for clearer procedures governing the preparation, public review, and legislative consideration of proposed General Plan amendments. Specifically, the Council finds that maintaining General Plan amendment procedures in the General Plan itself is poor legislative practice that creates confusion as to the applicability of the procedures under certain circumstances. Accordingly, the purpose of this ordinance is to codify a transparent and predictable process for periodic reviews of the General Plan. This process includes the preparation and publication of proposed amendments and supporting recommendations, opportunities for public participation, and independent review by the planning commissions. In accordance with the specific legal standards governing the General Plan under the County Charter and State law, this ordinance establishes reasonable timelines and procedural requirements that protect the ability of the director, the planning commissions, and the public to meaningfully participate in the development and revision of the General Plan, while preserving the Council’s authority as the legislative body ultimately responsible for its adoption and amendment. The Council further intends that the procedures set forth in this ordinance strengthen public confidence in the General Plan review process by ensuring that proposed amendments are developed, reviewed, and considered through an open and orderly process that is consistent with the principles of transparency, public participation, and accountable government. SECTION 2. Chapter 16, article 1, section 16-1, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows: “Section 16-1. [The] County [of Hawai‘i] general plan. [(a) That certain planning code known and designated as the “County of Hawaiʻi general plan,” as adopted on December 5, 1971, by the council of the County of Hawaiʻi, 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.] The planning director shall keep a copy of the general plan, and all amendments thereto, available for public inspection at the offices of the planning department and in an electronic format.” SECTION 3. Chapter 16, article 1, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by adding divisions to be appropriately inserted and to read as follows: “Division . Comprehensive Review. Section 16-A. Initiation, public notice; proposals by council. (a) Prior to the initiation of a comprehensive review, the planning director shall prepare: (1) Recommendations for the general plan, which may either be in the form of: (A) Recommended amendments to the current general plan; or (B) A recommended draft to be adopted as a new general plan; and (2) A recommendation report, which must describe and explain the rationale for the differences between the director’s recommendations and the current general plan. (b) No later than ten years after the effective date of Ordinance No. 26-46 and every ten years after the close of the most recent comprehensive review the planning director shall initiate a comprehensive review of the general plan by giving notice to the council, the windward and leeward planning commissions, and the public. The notice must include: (1) A statement of whether the director recommends amendments to the current general plan or a draft general plan to be adopted as a new general plan, as indicated in subsection (a); (2) The anticipated timeline for the comprehensive review with specific dates consistent with the timing requirements of this article, including a statement that the director’s recommendations must be submitted to the council no later than three years from the date of the notice in accordance with section 16-D(a); and (3) Instructions for viewing and providing written comment on the recommendations and the recommendation report, both in an electronic format and at the offices of the department. (c) No later than one hundred twenty days after the date of the notice, the council may, by resolution, propose amendments for the director to consider for inclusion in the director’s recommendations. Section 16-B. Public comment, workshops. (a) The planning director shall conduct at least one public workshop on the recommendations in each council district. (b) The director shall provide other opportunities for the public to provide written comments on the recommendations in addition to the public workshops, including, but not limited to, in an electronic format and at the offices of the department. The director shall continue to keep such opportunities available for sixty days after the final public workshop, at which time the opportunity for public comment will be closed. Section 16-C. Finalized recommendations, commission review. (a) No later than sixty days after the close of the public comment period, the director may revise or modify the recommendations based on public comments or the amendments proposed by the council and shall submit the recommendations, as may be revised or modified, to the windward and leeward planning commissions for their separate and independent review. (b) No later than one hundred fifty days after the receipt of the recommendations from the director, each commission shall recommend that the council adopt, adopt with amendments, or reject the director’s recommendations. If a planning commission fails to do so, it will be deemed an unfavorable recommendation from that commission. The director shall present the director’s recommendations, together with the recommendation of each commission, to the council for its consideration. Section 16-D. Closure. (a) No later than three years after the date of the notice under section 16-A(b), the director shall submit the recommendations to the council. If the director fails to do so, the director shall submit quarterly status reports to the council until the recommendations are submitted or until the comprehensive review is closed under subsection (b)(2). (b) The comprehensive review will be deemed closed upon: (1) The council’s adoption or rejection of the recommendations; or (2) If the director fails to submit the recommendations to the council, five years after the date of the notice. (c) Upon the closure of the comprehensive review under subsection (b)(2), the director may transmit the recommendations as an interim amendment in accordance with section 16-G. Section 16-E. Legislative history report. Following the adoption or rejection of the director’s recommendations by the council, the director shall compile a legislative history report, which must, at a minimum, include the pertinent minutes and associated records for: (1) All public workshops; and (2) All meetings of the council, any committee thereof, and planning commissions where the director’s recommendations, or any adopted or proposed amendments thereto, were considered. Division . Interim Amendments. Section 16-F. Council-initiated. (a) Except during a comprehensive review, the council may initiate an amendment to the general plan. Any amendment initiated by the council must be made in accordance with this section. (b) Prior to first reading of the amendment, the council shall refer any proposed council-initiated amendment to the general plan to the director and the planning commissions with requests for their respective comments and recommendations thereon. (c) No later than thirty days after the amendment was transmitted by the council, the director shall submit any comments and recommendations on the proposed amendment to the commissions. (d) No later than sixty days after receipt of the amendment and the director’s recommendations, each commission shall transmit the amendment, together with its comments and recommendations thereon, to the council. If a commission fails to do so, it will be deemed an unfavorable recommendation on the amendment from that commission. (e) The council may not act on the amendment until having received the recommendations thereon from the director and the commissions or ninety days after transmitting it to the director and commissions, whichever occurs first, at which point the council may proceed to the act on it as it deems appropriate. Section 16-G. Director-initiated. (a) Except during a comprehensive review, the director may initiate an amendment to the general plan. Any amendment initiated by the director must be made in accordance with this section. (b) The director shall submit any proposed amendment to the general plan, together with a written justification therefor, to the planning commissions. (c) No later than sixty days after receipt of the amendment, each commission shall transmit the amendment, together with its comments and recommendations thereon, to the council. If a commission fails to do so, it will be deemed an unfavorable recommendation from that commission.” SECTION 4. 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. SECTION 5. 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 this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: _______________________________________ HOLEKA INABA Council Member _______________________________________ ASHLEY KIERKIEWICZ Council Member _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: