HomeMy WebLinkAboutBIL 078 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE, AS AMENDEll,
RELATING TO PUBLIC ACCF,SS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
FUND.
BF, IT ORDAINED BY THF, COUNCIL OF THE COUNTY OF HAWAI`1:
S[iC'IION 1 . The purpose of this ordinance is to provide a permanent funding source to be used for acquiring
lands or propcriy entitlements for: land protection; public outdoor recreation and education, including access to
beaches and mountains; preservation of historical or culturally important land areas and sites; protection of
natural resources, including buffer zones; preservation of forests, beaches, coastal areas and agricultural lands;
protection of watershed lands to preserve water quality and water supply; and public access to, and enjoyment
of public lands and open space.
SECTION 2. The I lawai'i County Code, Chapter 2, is hereby amended by adding a new article to read as
follows:
Article 41. Public Access, Open Space, and Natural Resources Preservation Fund
Section 2-225 Public Access, Open Space, and Natural Resources Preservation Fund.
(a) A Public Access, Open Space, and Natural Resources Preservation Fund is hereby established. This
special fund shall be administered and managed by the planning department.
(b) I~he fund shall consist of moneys from:
(1) The proceeds from the sale of any general obligation bonds, authorized and issued for the
purposes of this article;
(2) Council appropriations for the purposes of this article;
(3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for
the purposes ol'this article; and
(4) Grants and private contributions intended for the purposes of this article.
(c) In adopting each fiscal year's budget and capital budget, the council shall appropriate two percent of real
property tax revenues to the Fublic Access, Open Space, and Natural Resources Preservation Fund.
(d) ~fhc fund shall be used for acquiring lands or property entitlements and improvements in the county oC
Hawaii for the following purposes:
(1) Public outdoor recreation and education, including access to beaches and mountains.
(2) Vreservation of historic or culturally important land areas and sites.
(3) Protection of natural resources, including buffer zones.
(4) Preserving forests, beaches, coastal a~'eas, natural beauty and agricultural lands.
(5) Protecting watershed lands to preserve water quality and water supply.
(6) Improving disabled and public access to, and enjoyment of, public land, waters and open space.
(e) the Council by resolution, and the Planning Commission by letter, may provide the mayor and planning
director with suggested priorities for the expenditure of moneys in this fiord.
(f) 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.
Sl{C"PION 3. [f any provision of this ordinance or the application thereof 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.
SF.C'110N 4. "this ordinance shall take effect upon its approval.
IN~CRODUCED BY:
COU IL EMBER, COUNTY OF HAWAII
Flilo, Hawaii
Date of Introduction:
Date of P' Reading:
Date oft"'' Reading:
Date of 3"~ Reading:
Effective Date:
REFERGNCIi: COMM. 208