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Home My WebLink AboutORD 2005-135 2004-2006 M<Y os N1 ~ COUNTY OF HAWAII STATE OF HAWAII R'a'Ni BILL NO. 134 ORDINANCE NO. d5 135 n~ae 3 Ei11 ORL11NElJ1CE AlVIE1VD1l1Ci CH.4PLER ZS, HA VV HI"1 CCIU-N1 Y COLE 19g.i (LOOJ EDITION) TO PROVIDE ENHANCED PUBLIC NOTICE OF PROPOSED DEVELOPMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The County Council finds that jurisdictions 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 23, article 4, division 1, Hawaii County Code 1983 (2005 edition), is amended by adding a new section, to be numbered 23-58A, and to read as follows: "Section 23-58A. Postine of Suns for Public Notification. (a) Within ten days of filing the application for a subdivision, the applicant shall post a Bien on the subiect property notifying the public of the following (1) The nature of the application; (2) "the proposed pumber of lots; (3) The size of the property; (4) The tax map key or keys of the property: (5) 'T'hat they may contact the planning department for additional information; and (6) The address and telephone number of the planning department. (b) The Bien shall remain posted until final approval, or until the application has been rejected or withdrawn. The applicant shall remove the Bien promptly after such action. (cl Notwithstanding any other provisions of law, the sign shall be not less than nine square feet and not more than twelve square feet in area, with letters not less than one inch hieh. No pictures, drawings, or promotional materials shall be permitted on the Sian. The sign shall be posted at or near the property boundary adiacent to a public road bordering the property and shall be readable from said public road. If more than one public road borders the property the applicant shall post the sign to be visible from the more heavilyraveled public road. The sign shall, in all other respects, be in compliance with chapter 3, Hawaii County Code 1983 (2005 edition). (dl The applicant shall file an affidavit with the planning department not more than five days after posting the sign stating that a sign has been posted in compliance with this section and that the applicant and its agents will not remove the sign until the implication has received final approval, or has been rejected or withdrawn. A photograph of the sign in place shall accornpany the affidavit." SECTION 3. Section 23-17 Hawaii County Code 1983 (2005 edition), is amended by adding a new subsection (c) to read as follows: "Section 23-17. Procedures for variances. (a) Notice to Owners of Property Interests, Upon receipt and acceptance of a properly filed and completed application, the department shall fix a date for the director's consideration of the appiication. iUiihin fnree working days after receiving notice of such date, the applicant shall serve notice of the application on owners of interests in properties within three hundred feet of the perimeter boundary of the applicant's property and to owners of interests in other properties which the director may find to be directly affected by the variance sought. Such notice shall state: (1) The name of the applicant; (2) The precise location of the property involved; (3) The nature of the use sought and the proposed accompanying structures, if any; (4) The date on which the director will consider the application; and (5) That such date is the deadline for the director's actual receipt of written comments on the application. Prior to the deadline for written comment, the applicant shall submit to the director proof of service or of good faith efforts to serve notice of the application on the designated property owners. Such proof may consist of certified mail, receipts, affidavits, or the like. (b) Notice by Publication. At least ten calendar days prior to the date of the director's consideration of the application, the director shall publish, in a newspaper of general circulation, notice of the application and the date by which written comments must be in the actual receipt of the director. (c) Notice by Posting of Signs. Within ten days of filing the application for a variance the applicant shall post a sign on the subject property notifying the public of the nature of the variance, the proposed number of lots, the size of Che property the tax map key or keys of the property and that they may contact the planning department for additional information. The sign shall give the address and telephone number of the planning department. (1) The sign shall remain posted until final approval, or until the application has been rejected or withdrawn. The applicant shall remove the sign promptly after such action. (2) Notwithstanding any other provisions of law, the sign shall be not less than nine square feet and not more than Cwelve square feet in area, with letters not less than one inch high. No pictures, drawings, or promotional materials shall be permitted on the signn. The sign shall be posted at or near the property boundary adjacent to a public road bordering the property and shall be readable from saidpublic road. If more than one public road borders the property the applicant shall post the sign to be visible from the more heavily traveled public road. The sign shall, in all other respects, be in compliance with chapter 3, Hawai~ i County Code 1983 (2005 edition . 2 (3) The applicant shall file an affidavit with the planning department not more than five days afterposting the si ng stating that a sign has been posted in compliance with this section, and that the applicant and its agents will not remove the Bien until the application has been approved, reiected or withdrawn. The affidavit shall be accompanied by a photograph of the sign in place." SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any perser. o...,.,.....stan s held im~alid, sucl-, invalidity shall not affeot other pruvisiv~,s ur 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. 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 6. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MBER, COUNTY OF HAWAII Kona , Hawai ~ i Date of Introduction: September 8, 2005 Date of 1st Reading: September 8, 2005 Date of 2nd Reading: September 21, 2005 Effective Date: September 28, 2005 t 389.4 3 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Draft 3) _ Introduced By: Bob Jacobson ROLL, CALL VOTE Da[elntroduced: September 8, 2005 ~ ~iAY$S. ;NOES ABS EX First Reading: September 8, 2005 Arakaki X Published: September 18, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 Second Reading: September 21, 2005 Co Mayor: September 23, 2005 ROLL CALL VOTE Returned: September 29, 2005 AYES NOES ABS EX Effective: _ September 28, 2005 _ Arakaki X Published: O~t~hPr 6, 2005 Fliga X Hoffmann X REMARKS Holschuh X Ikeda X _ Isbell X - Jacobson X Pilago X Safarik X 8 0 1 0 1 DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: ~ COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL C~U~=~~ COUNTY OF HAWAII I CO LINTY CLh;~ ~ Y ~ , Date ~ - it's ~ 134 (Draft 3) Bill No.: _ t~ C-3B9.4/PC-31 Approve~cUDLcaJ~proved [his, }-tl rjuy Reference: o i kiw`/ym r , 20 Ord No.: ~S - - '~~I,P Ai~~j~l/ ~IiIAYOR, COUNTYOPIIAWAI`I