HomeMy WebLinkAboutCOM 0070.010 2004-2006 ~tY oI y~
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Harry Kim i• Bruce C. McClure
Mayor Director
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DEPA~U//R,,TVMWENT OF (PUBLIC WORKS
Aupuni Center
I01 rauahi Stree[, Suite 7 ~ Hilo, Hawaii 96720-4224
(ROR)96I-R321~Fax (808)961-8630
July 22, 2005
THE HONORABLE STACY K. HIGA, COUNCIL CHAIRPERSON
AND MEMBERS OF THE COUNTY COUNCIL
HAWAII COUNTY COUNCIL
COUNTY OF HAWAII
HILO HI 96720
SUBJECT: BILL 23 DRAFT 2 AN ORDINANCE AMENDING CHAPTER 14
NEW ARTICLE TO PROVIDE ENHANCED PUBLIC NOTICE OF
PROPOSED DEVELOPMENT
Though this Department has no objections to the concept of enhanced Public Notice,
upon review of the subject ordinance we must strongly recommend that the proposed
ordinance delete references to Chapter 10 for the following:
1. Chapter 10 was mandated by State Law - HRS 180C. The statute required
Counties to enact ordinances to control soil erosion and sediment which is
embodied in Chapter 10 of the Hawaii County Code. Chapter10 does not
regulate development. Chapter 10 only regulates how a person conducts his
grading and grubbing work.
2. Chapter 10 is a regulatory code that does not allow for public input. Conditions
of acceptance are specified in the code. Consequently, if an applicant complies
with code conditions, a permit will be issued. This no different from getting a
driver's license, building permit or subdivision approval.
3. Grading and grubbing permits are required of anyone who does work within the
authority of Chapter 10. This not only includes developers, but also utilities,
farmers and individual home/property owners.
Comm. No. ~ 0
Ref. To• prese~;~S ~K%
County of Hawaii is an Equal Opportunity Provider and Employer R9f, S~o!e 2 ~ Z~~S
Letter to Stacy K. Higa
Page 2
July 22, 2005
4. Many grading and grubbing permits are basically "walk-ins" that may be issued in
a matter on minutes. Bill 23 does not address this possibility. According to the
language of the Bill, an applicant may come to this Department to submit his
application, go to his job site to put up his sign, return to this Department and
certify that the sign was put up and pick up his permit and then return to the job
site and take down the sign all which may occur in less than a few hours.
5. Requiring notification signs for grading and grubbing permits will give the public a
false sense of involvement as Chapter 10 has no public involvement process.
We could accept input but it will be of no value toward the issuance or denial of
the permit. Consequently, it would be meaningless input that will probably not
even be documented/recorded.
6. Grading permits do not cover agricultural activities regulated by Conservation
Programs issued by the SWCD's.
7. Bulk of the problems relating to Chapter 10 is due to work being performed
without a permit. Consequently, Bill 23 will not help alleviate this problem.
BRUCE C. MCCLURE, P.E.
Director