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Home My WebLink AboutREP PWIRC 034 12/04/2001 2000-2002 REPORT OF THE COMMITTEE ON PUBLIC WORKS ~4c INTERGOVERNMENTAL RELATIONS DATE: December 4, 2001 Re: Communication No. 700/Bill No. 225 (2000) PLACE: Councilroom TIME: 9:15 a.m. Chair and Members Haevai`i County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Communication No. 700 and attached Bill No. 225, reports as follows: The purpose of Bill No. 225 is to repeal and then replace Chapter 22 of the Hawaii County Code 1983 (1995 Edition), relating to Streets and Sidewalks, with a restructured and reordered format. Areas addressed by the bill include the commercial or private use of county streets and sidewalks; compliance with the American Disabilities Act; utilities; permit requirements; variance procedures; and enforcement and penalty provisions. The bill designates the authority to issue permits to the Public Works Department Director and t"~ authority to name streets to the Planning Director. Significant deletions proposed in this bill include provisions allowing commerci<,l use of county sidewalks and streets; the installation of livestock gates; and the mandatory installation of curb, gutter and sidewalks through Council resolutior:. Communication No. 700 dated February 18, 2000, is from the Department of Public Works Deputy Chief Engineer Jiro Sumada. transmitting Bill No. 225 for the Council's review and consideration. In his letter, Mr. Sumada states that this chapter was re-written to codify, modernize and streamline procedures, correct deficiencies and to eliminate antiquated and inapplicable provisions. At a Committee meeting held under former Committee Chair Dominic Yagong on April 4, 2000, the CommitteC, to provide Council members and the public more opportunity to review and comment on the bill, voted to defer action on Bill No. 225 pending the completion of two Committee workshops. These workshops wore held in Hilo on February 7, 2001, and on March 22, 2001, in Kona. Testimony received on these days resulted in Bill No. 225 being revised to Braft 2. Your Committee considered Bill No. 225, Draft 2, on October 23, 2001. Attached to the bill eves a chart detailing major revisions to the bill between drafts, and letters from various departments commenting on the form and Content of the proposed changes. The major revisions between Draft 1 and Draft 2 were the following: I . ~2-LZ. 13) Definetions. Added "Corporation counsel" means the head of the county department of the corporation counsel or its duly authorize representative. Z 22-12. I I of Ilerinotioaos. Added - "Finance director" means the head of the county finance department or its duly authorized representative. 3 22-I Z. (171 Definotions. DeQeted - °except as otherwise provided by law. This term shall include roadways as well as sidewalks." 4. 22-23. tal Damage. Added - "Unless otherwise permitted by the director," PW&IRC REPORT NO. 34 -2- December 4, 2001 5. 22-3.4. (6) Banner permits; criteria for Deleted - "If a complete application (with all required supplemental granting. data, maps. certificate of insurance, etc.) is submitted to the director fir review ad approval and no action (approval, disapproval, deferral or modification) is taken within thirty days aft~r ~j~bmittal, thL permit shall be deemed approved subject to applicable terr}s and conditions of this article." 6. 22-3.ti. (7) Publication dispenser permit; Saarae As Ab®ve criteria. 7. 22-3.8. (2) Sidewalk nse permit; criteria Added - "three feet of sidewalk." for granting. 8. 22-3.8. (9) Sidewalk nse permit; criteria Deleted - "If a complete application (with all required supplemental for granting. data, maps, certificate of insurance, etc.) is submitted to the director for review and approval and no action (approval, disapproval, deferral or modification)is taken within thirty days after submittal, the permit shall be deemed approved subject to applicable terms and conditions of this article." 9. 22-4.2. (4) Construction permits; Added - "And a cost estimate for the work". application. 10. 22-4.3. (5) Construction permits; criteria Revised - °to" with the word "shall". for grasdtiah. I 22-4.4. (I) Constructions permits; Added - "For all work with a estimated cost equal to or exceeding conditions. $20,(}~C'. 12. 22-4.6. (a) tilainteuance of rsc4ewal3~ area. Adder- "at their own expense, maintain the side:~;alk area and the portions of their properties that adjoin the sidewalks by trimming, cutting, pruning, mowing, sweeping or using other methods to control landscape. plants, weeds. noxious growths. €.rash, debris or other materials that would damage the sidewalk area or interfere with or inconvenience pedestrian traffic." Revised - "This" with the phrase "the sidewalk". 13. 22-4.9. (t) Standards for driveway ,odder -"When more than one driveway approach is to be approaches. constructed for a property, there shall be a minimum space of thirty feet between approaches." Deleted - "(1) Except for commercial and industrial uses, when more than one driveway approach is to be constructed fir a property, there shall be a minimum space of thirty feet between psr~ches. (2) For commercial and industrial uses, when mare than cue driveway approach is to be constructed for a property, the spacing between driveway approaches shall be determined by an engineer and approved by the director." PW&IRC REPORT NO. 34 -3- December 4, 2001 14. 22-5.9. Standards for posting building Revised - "(a) Numbers must be affixed conspicuously to a building, (a),(b),(C- numbers. posted at the driveway and/or on a mailbox. (b) When a structure is 2,3,4,5) not visible from the street, the property owner shall post the assigned number at the entrance of the driveway and/or on a mailbox. When the driveway provides access to more than one building, as~trned numbers shall posted on each of the buildings and :~t the entrances and/or on the each of the mailboxes. (C)(2) Numbers placed on buildings shall be at least four inches in height and in readable Arabic numerals. (3) Numbers posted at the driveway or on a mailbox shall be at least two and one-half inches in height, Arabic numerals that are readable from both directians of thr~ street. (4) Numbers shall be placed and printed in a permanent mariner. Chalk or other effaceable material is not permitted.(5) Numbers shall be placed on the side of the building visible from the street or driveway and shall be mounted no less than five feet above the ground floor of the building." I S. 22-7.1. (a) Variances; application. Added - "for consideration". 16. 22-7.2. Variances; criteria far Added - "by the director". granting. 17. 22-8.2. (a) Administrative enforcement. Revised - "may" with the word "shall". 18. 22-8.2. (C-4,5) Administrative enforcement. Revised - "Not to exceed" to read "Not less than $500.00 but not exceeding $1,000". I y. 22-8.3. (a-I) criminal prosecution. Revised - "Not to exceed" to read "Not less than $500.00 but not exceeding $1,000". 20. SEC"PION 4 Added - "All permits previously issued under the former provisions of this Chapter shall be deemed null and void one year after the approval of this ordinance unless otherwise specifi~:d on the permit." At this meeting, Councilmember Bobby Jean Leithead-Todd expressed a desire to work with both the Finance and Public ~~'orks Departments on revising Section 22-2.5, Commercial use of county streets. Other members also requested more time to propose additional changes. Consequently, Bill No. 225, Draft 2, was deferred for a period of thirty days. Amendments to Section 22-2.5 were transmitted from Mr. Galen Kuba, to the Committee in a letter, Communication No. 370.4, dated November 6, 2001. As requested, the followings amendments were incorporated into the bill. I . 22-2.5. Commercial use of county streets. Deleted -"the Hawaii County Council". Added - "Chapter 2 of the Hawaii County Code". 2, 22-3.2. Public utilities exemption. Revised -"are" with the words "may be". Added - "at the discretion of the director". 3. 22-4.4. (c) Construction permits; conditions. Revised - "the director" with the word "law". 4. 22-4.4. (d) Constructions permits; conditions. Added - "48 hours". 5. 22-4.6. (a) Maintenance of sidewalk area. Deleted -"maintain adjacent sidewalk areas in good condition". PW&IRC REPORT NO. 34 -4- December 4, 2001 Bill No. 225, Draft 2, was then appropriately amended to Draft 3. Your Committee considered Bill No. 225, Draft 3, at today's Committee meeting. During Committee discussion, Council Chair James Arakaki requested from the Public Works Department c4arification about whether Section 22-5.2, Street names, will allow streets to be numbered in addition to or instead of assigning traditional names. Other members of the Committee expressed concern over the continued prohibition of sandwich board signs and about the fairness and legality of a ssigning maintenance responsibilities of county sidewalks to private residents. Your Committee voted to further amend Bill No. 225, Draft 3, with the following: I . 22-2.5. Cornenercial eESe ®f county streets. Revised/Addet~ "Except as otherwise permitted by law..." 2. 22-4.1. Constrnctinn gerersit required. ,4dded-"public utilities that have an executed utility franchise., or other legally binding agreement with the County of Hawaii, including provisions of the Hawaii State Statues, are not required to obtain a permit if the county street is altered brcken up, dug up. disturbed, undermined or dug under as part of an emergency repair or other urgent work necessary ts_? immediately restore lost service to their customers. However, a permit for this work must still be obtained on the first county working day following the emergency repair". 3. 22-4.4 (h). Construction pernoits. Added_.-"repair. restoration, or replacement work". In addition, several friendly amendments accepted into the record, will be applied to the latest draft of the bill. Your Committee is in accordance with the purpose and intent of Bill No. 225, as amended to Draft 4, and recommends that it pass first reading. ctd AYES NOES A&E Ex Respectfully submitted ARAKAKI ~ COMMITTEE ON PUBLIC l~VOItICS ~ CHUNG X IIYTEI2GOVEI2IVMENTAL I$ELATIONS ELARIONOFF X 1 f } JACOBSON X ~ p c*~! C.:,,.~i~.. ~ \ LEl HEAD-TODD X Len1n t°ad El®n®~f C I1~ T ~ , PISICCHIO X SAFARIK X PW&IRC REPORT NO. ~4 TYLER X ADOPTED: ~ 1 z~OZ YAGONG X