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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 23
Draft 2
ORDINANCE NO.
AN OKDINANCE AMENllING CHAPTER 14, HAWAII COUNTY CODE 1983 (1995 EDITION),
BY ADDING A NEW ARTICLE'CO PROVIDE ENHANCED PUBLIC NOTICE OF PROPOSED
DEVELOPMENT.
BE IT ORDAINED BY 'CHE COUNCIL OF THE COUNTY OF HAWAII:
SEC"PION 1. The County Council finds thatjurisdictions across the country and state keep
citizens informed about proposed development projects in their neighborhoods by requiring developers
to post signs. Such signage provides additional notice to members of the public who may miss a legal
notice in the newspaper on a given day.
SECTION 2. Chapter 14, Hawaii County Code 1983 (1995 edition), is amended by adding a
new article to read as follows:
"Article 15. Public Notification of Development.
Section 14-100. Purpose. The purpose of this article is to foster public participation in decisions
made by government. An informed electorate is essential to a democratic government. By requiring
developers to post notice on the property proposed for development, citizens can best bring forth their
concerns and data to government decision-makers prior to any decision. By informing the public of
these applications and inviting comment, the County can better fulfill its constitutional mandate of
protecting customary and traditional practices.
Section 14-101. Definitions.
(a) "Applicant" means any person or entity applying for any of the following applications:
(1) a special management area use permit, special management area minor permit, or shoreline
setback variance pursuant to Hawai' i Revised Statutes chapter 205A;
(2) a land use district boundary amendment or special permit pursuant to Hawaii Revised
Statutes chapter 205;
(3) a preliminary plat subdivision approval or variance pursuant to Hawaii County Code
chapter 23;
(4) a zoning amendment, variance, use permit, plan approval, planned unit development,
cluster plan development, or project district pursuant to Hawaii County Code chapter 25;
or
(5) a grading or grubbing permit pursuant to Hawai' i County Code chapter 10.
(b) "Roadway" means any public or private street, avenue, road, alley, highway, lane, path, trail, or
other place used by vehicles or pedestrians.
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
DRAFT 2
ROLL CALL VOTE
Introduced By: Bob Jacobson AYES NOES ABS EX
Date Introduced: July 7, 2005 Arakaki
First Reading: N/A Chung
Published: N/A Elarionoff
Jacobson
REMARKS: Leithead-Todd
July 7, 2005 - Postponed for 2 weeks Pisicchio
July 22, 2005 - Close File Safarik
Tyler
Yagong
Second Reading: ROLL CALL VOTE
To Mayor: AYES NOES ABS EX
Returned: Arakaki
Effective: Chung
Published: Elarionoff
Jacobson
REMARKS: Leithead-Todd
Pisicchio
Safarik
Tyler
Yagong
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date
23 (Draft 2)
Bill No.:
C-70.7/PC-10
Approved/Disapproved this day Reference:
Ord No.:
of , 20
MAYOR, COUNTY OF HA WAIL
Section 2-102. Notification.
(a) Notwithstanding any provision to the contrary, within five days of submitting any application, an
applicant shall post a sign notifying the public. The applicant shall continue to post the notification
until the applicable approval has been granted, denied or withdrawn. The applicant shall promptly
take down the sign within seven days after the decision on the application.
(b) The applicant shall post a plainly visible and clearly marked sign on the property affected by the
application. The sign should be visible from the roadway passing the frontage of the property. If
the property borders two or more roadways, the sign should be placed along the roadway more
traveled, or a corner.
(c) The sign shall candidly describe, at a minimum, the nature of the project, the size of the property,
how the public can submit comments and which government phone number to contact for more
information.
(d) "I~he sign itself shall be between nine and twelve square feet in area, not including any supporting
structure. Letters shall be at least one inch high. The sign shall be readable from the nearest point
where the public passes by the site.
(e) No department, board, commission or agency shall approve an applicant's application unless:
(1) the applicant certifies that notice was properly posted in a timely manner; and
(2) for any application that has a hearing, the applicant certifies that neither the applicant nor
the applicant's agent removed the notice prior to the day of any hearing on the application."
SEC"PION 3. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall 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 declared to be severable.
SEC'T'ION 4. This ordinance shall take effect on July 31, 2005.
INTRODUCED BY:
COUNCI E ER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
`..::._i:::';~:E: Comm. 70.7