HomeMy WebLinkAboutBIL 080 Draft 01 2004-2006 Mtv~or
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 80
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 3, DIVISION 1, SECTION 23-23
HAWAFI COUNTY CODE 1983 (1995 EDITION), RELATING TO SUBDIVISION OF LAND.
BE IT ORDAINED BY THE COUNCIL OF'1'HE COUNTY OF HAWAI'1:
SECTION 1. The Hawaii State Constitution Article XI, Section 3 mandates the State to
"conserve and protect agricultural lands." Article XI, Section 1 requires the State to "conserve and
protect Hawaii's natural beauty and all natural resources." Article XII, section 7 places an affirmative
duty on the State to preserve and protect traditional and customary native Hawaiian rights. The County
of Hawaii is a political subdivision of the State.
The Land Use Law, HRS Chapter 205, serves to protect agricultural lands, natural resources
and native Hawaiian rights. As noted by the state legislature in passing Act 5 in 2003 and Act 199 in
1976 classification and protection of agricultural lands has been subverted and undermined by the
development of gentlemen estates, for which the primary purpose is not agricultural, but luxury
residential. Urban type residential subdivisions are not authorized on agricultural land. Such
subdivisions inflate the value of agricultural land, making farming uneconomical. They increase the
demand to install costly infrastructure. They undermine the ability of the county and the state to
protect natural beauty, natural resources, and native I lawaiian rights. Luxury residential development
proposals on agricultural land avoid public scrutiny; reduce the affordability and productivity of
agricultural land; frustrate the ability of the county to foster intelligent, effective and orderly land
planning; reduce open space; lead to scattered premature development; increase county infrastructure
costs; and jeopardize constitutionally protected native Hawaiian rights, natural beauty, and natural
resources.
SECTION 2. Chapter 23, Article 3, Division I, Section 23-23 is amended to read as follows:
"Section 23-23. Compliance with State and County regulations required.
Subdivisions shall conform to the County general plan and shall take into consideration
preliminary plans made in anticipation thereof. Subdivisions shall conform to the
requirements of State law, County department of public works, State department of
health, State department of transportation, County department of environmental
management, and County department of water supply requirements and the standards
established by this chapter.
(b) No subdivision of land classified as agricultural by the state land use commission, or
zoned family agricultural, agricultural or intensive agricultural by the county, shall
include:
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
ROLL CALL VOTE
Introduced By: Bob Jacobson AYES NOES ABS EX
Date Introduced: July 7, 2 0 0 5 Arakaki
First Reading: n/ a Chung
Published: n/ a Elarionoff'
Holschuh
REMARKS: Jacobson
July 7, 2005 - Close File Leithead--Todd
Reynolds
Safarik
Tyler
Second Reading: ROLL CALL VOTE
To Mayor: AYES NOES ABS EX
Returned: Arakaki
Effective: Chung
Published: Elarionoff
Holschuh
REMARKS: Jacobson
Leithead-'Todd
Reynolds
Safarik
Tyler
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
80
Bill No.:
C-211/PC-28
Approved/Disapproved this day Reference:
Ord No.:
of , 20
MAYOR, COUNTY OF HAWAII
Hawaii County is an Equal Opportunity Provider and Employer.
(1) covenants that restrict any agricultural practices except those that protect
environmental or cultural resources•
(2) resort-like features;
(31 an inadequate supply of water to support agricultural operations;
(41 a golf course with lots for residential use;
(5) gated or limited entry to more than four lots where access to the eg neral public
is restricted through the use of security guards, automatic pates and similar
features of gated communities; or
(6) any dwelling_greater than 3500 square feet.
SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored.
In printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 4. II 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.
SECTION 5. This ordinance shall take effect upon its approval and shall apply prospectively
only to all subdivisions that have not received final subdivision plat approval by the effective date of
this ordinance.
INTRODUCED BY:
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COUNCII, MEA~ ,COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
Cc~am. 211_