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HomeMy WebLinkAboutBIL 078 Draft 02 2004-2006 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 78 Draft 2 ORDINANCE NO. AN OKDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. BE IT ORDAINED BY THF, COUNCIL OF THF. COUNTY OF HAWAII: SECTION 1. The purpose of this ordinance is to provide a permanent funding source to be used for acquiring lands or property entiClements 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. 1~he Hawaii County Code, Chapter 2, is hereby amended by adding a new article to read as follows: Article 41. Public Access, Opeu 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. 'T'his special fund shall be administered and managed by the ~planning~ finance department. (b) The 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 I lawai'i County Charter or the Hawaii County Code for the purposes of this article; hand] (4) Impact fees and other exactions levied on developers for the pumoses of this article; and (5) Grants and private contributions intended for the purposes of this article. (c) In adopting each fiscal year's operative, budget hand capital budget], the council shall appropriate two percent of real property tax revenues] at least $250,000 to the Public Access, Open Space, and Natural Resources Preservation Fund. When the unencumbered balance in the fund (exclusive of bond proceeds) equals or exceeds $5 000 000 no further county appropriations shall be made until the balance falls below $5,000,000. (2) Nothin~n this section shall prevent the Council from appropriating amounts in excess of the above minimum amounts to this fund. (d) The fund shall be used for acquiring lands or property entitlements and improvements in the county of [ lawai~i for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains. (2) Preservation of historic or culturally important land areas and sites. (3) Protection of natural resources, including buffer zones. (4) [Preserving] Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands. (5) [Protecting Protection of watershed lands to preserve water quality and water supply. (6) ~Improving~ Improvement of 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 fund.] There is established a Public Access Open Space, and Natural Resources Preservation Commission There shall be nine members on this commission, appointed b_y the Mayor and confirmed by the Council One member shall reside in each county council district The Planning Director Finance Director and the Director of Parks and Recreation shall be ex-officio members of this commission with staff support provided by the Finance Department. Members shall be appointed for staggered terms of five years The duties and responsibilities of this commission are: To develop an initial island-wide prioritized list of qualityine lands worthy of preservation and submit it to the mayor. Priorities shall be listed on an island- wide rather than district basis The list shall include the significance of each parcel or entitlement identified the reason for its priority, and its anticipated use after acquisition. To update this list annually and submit an updated prioritized list to the Mayor by December 31 of each 'eLar• (3) If requested by the Mayor or the County Council, determine whether a specific parcel of land is recommended for acquisition under the provisions of this article. (4) To explore methods of funding land acquisition and make recommendations to the Mayor. 2 (5) The commission shall ivg e emphasis to land acquisitions where the county's contribution can be leveraeed to obtain state, federal, and/or private funds. (6) To advise the Mayor when circumstances arrive that make it necessary to take quick action to preserve a parcel of land or property entitlement that mayor may not be on the prioritized list. fit) The prioritized list developed by the commission shall be submitted to the Mayor for comments and recommendation. The list will be used to establish an action plan and identify funding sources to preserve the lands identified. Within 60 days after receipt, the Mayor will submit the list to the council with comments and recommendations for adoption by resolution. Based on the priority list and available funding, the Department of Finance shall initiate the acquisition of qualifying land. Condemnation shall be considered when a purchase cannot be nesotiated Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the county. 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. Appraisals title reports surveying and other costs incidental to the acquisition of land shall be permitted uses of this fund. (h) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be provided in the Department of Finance to maximize the use of available funds by minimizing the payment of commission to outside agents to put together funding plans and to ensure that the county is a good steward of any land that comes under its control through this article. SECTION 3 For initial members of the Public Access Open Space, and Natural Resources Preservation Commission the terms shall range in length from one to five yeazs. Initial members of this commission shall be appointed by the Mayor no later than Aueust 31, 2005. Within six months of appointment of the commission an island-wide prioritized list of gualifyin~ lands worthy of preservation shall be developed by the commission SECTION 4. If 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 arc declared to be severable. 3 SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: l COUNCIL MEl) IBFy , COUNTY O AW I`I Hilo, Hawaii Date of Introduction: Date of ls' Reading: Date of 2id Reading: Date of 3~a Reading: Effective Date: RF,EF_RENCE: COMM. 208.115 4