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Home My WebLink AboutORD 2005-136 2004-2006 M•v or N4 W'"~:, . J• ~di~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 135 ~S A ~r Draft 3 ORDINANCE NO. L 9 .vN ORDr?vANCE AMEiJDitvv CHr~PTER 25, i~RTiCLE 2, DIVi5iON i, HAWAi'i COUNTY CODE 1983 (2005 EDITION), TO PROVIDE ENHANCED PUBLIC NOTICE OF PROPOSED DEVELOPMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAEL• 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 25, arCicle 2, division 1, Hawaii County Code 1983 (2005 edition), relating to general administration, is amended by adding a new section to be numbered 25-2-12, and to read as follows: "Section 25-2-12. Posting of Signs for Public Notification. (a) Within ten days of being notified of the acceptance of any application for a zoning amendment, project district, agricultural project district, variance except setback variance, use permit, planned unit development permit, or cluster plan development, the applicant shall post a sign on the subject property notifying the public of the following: (1 j The nature of the application; (2) The proposed use of the property; (3) The size of the property; (4) The tax map ke~or keys of the property; (5) That the~~ontact the planning department for additional information; and ~6) The address and telephone number of the Manning department. The sign shall remain posted until the application has been granted, denied, or withdrawn. The applicant shall remove the sign promptly after such action. (c) 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 high. No pictures, drawings, or promotional materials shall be permitted on the sign. The sign shall he posted at or near the property boundar}_adjacent 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 heavily traveled public road. The sign shall, in all other respects, be in compliance with chapter 3, Hawaii County Code 1983 (2005 edition . (d) The applicant shall file an affidavit with the planning department not more than five days after posting the sien 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 granted denied or withdrawn A photograph of the sign in place shall accompanythe affidavit." SECTION 3. Chapter 25, article 2, division 4, subsection 25-2-42(b), Hawaii County Code 1983 (2005 edition), relating to amendments initiated by property owners and other persons, is amended to read as follows: "(b) Within ten days after filing an application for a change of zone, the applicant shall serve notice of the application on surrounding owners and lessees of record, as provided by section 25-2-4. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12." SECTION 4. Chapter 25, article 2, division 5, subsection 25-2-53(a), Hawaii County Code 1483 (2005 edition), relating to notice of action on variance application, is amended to read as follows: "(a) Upon acceptance of a variance application, the director shall fix a date for the director's action on the application. Within ten days after receiving notice of such date, the applicant shall serve notice of the application on surrounding owners and lessees of record, as provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record of interests in other properties which the director may find to be directly affected by the variance sought. Except for setback variances, the applicant shall also post a sign for public notification on the property as provided by section 25-2-12." SECTION 5. Chapter 25, article 2, division 6, subsection 25-2-63(b), Hawaii County Code 1983 (2005 edition), relating to procedures for use permit, is amended to read as follows: "(b) The applicant shall serve notice of the use permit application on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record interests in other properties which the commission may find to be directly affected by the use permit sought. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12." SECTION 6. Chapter 25, article 6, division 1, section 25-6-4(a), Hawai'i County Code 1983 (2005 edition), relating to notice of action on P.iJ.D. application, is amended to read as follows: 2 "(a) Upon acceptance of a P.U.D. application, the director shall fix a date for the director's action on the application. Within ten days after receiving notice of such date, the applicant shall serve notice of the application on surrounding owners and lessees of record, as provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record of interests in other properties which the director may ftnd to be directly affected by the P.U.D. permit sought. The applicant shall also post a siKn for public notification on the property as provided by section 2J-2-12.' SECTION 7. Chapter 25, article 6, division 2, section 25-6-22, Hawaii County Code 1983 (2005 edition), relating to application for C.P.D., is amended by adding a new subsection 25-6-22(c) to read as follows: "Section 25-6-22. Application for C.P.D. (a) An application for a C.P.D. permit shall be on a form prescribed by the director and shall be accompanied by a filing and processing fee as set forth under chapter 23, the [ ]subdivision control code. (b) "the procedure for processing an application for a C.P.D. permit shall be the same as that prescribed for a subdivision application under chapter 23, the [i-v'tsien C ~o=,~.~l-Cwe] subdivision control code. (c) The applicant shall post a sign for public notification on the property as provided by section 25-2-12." SECTION 8. Chapter 25, article 6, division 4, subsection 25-6-44(b), Hawai i County Code 1983 (2005 edition), relating to application for project district; requirements, is amended to read as follows: "(b) Within ten days after filing an application for a project district, the applicant shall serve notice of the application on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also post a sign for public notification on the property as provided b~seetion 25-2-] 2." SECTION 9. Chapter 25, article 6, division 5, subsection 25-6-54(b), Hawai' i County Code 19$3 (2005 edition), relating to application for agricultural project district; requirements, is amended to read as follows: "(b) Within ten days after filing an application for an agricultural project district, the applicant shall serve notice of the application on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also post a sign for public notification on the propert~as provided by section 25-2-12." SECTION 10. Severability. If 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. 3 SECTION 1 1. 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 12. This ordinance shall take effect on its approval. INTRODUCED BY: COUNCI EMBER, 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 : _ 390.2. 4 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii (Draft 3) }ntroduced By: Bob Jacobson ROLL CALL VOTE Date Introduced: September 8, 2005 APES NOES ABS EX First Reading: September 8, 2005 Arakaki X Published: September 18, 2005 Higa X IJoffmanm X REMARKS: Holschuh X lkeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 Second Reading: September 21, 2005 To Mayor: September 23, 2005 ROLL CALL VOTE Returned: SeAtember 29, 2005 AYES NOES ABS EX Effective: September 28, 2005 Arakaki X Published: October 6, 2005 Higa X Floffmann X REMARKS: Holschuh X Ikeda X Isbell X _ Jacobson X Pilago X Safarik X 8 0 1 0 I DO HEREBYCERTIFYthut the foregoing BILL was adopted by the County Council published us indicated above. APPROVED AS TO FORM AND LEGALITY: t" - , COUNCIL CHAIRMdN DEPUTY CORPORATION COUNSEL ~ COUNTY OF HAWAII ~ - ° COUNTY CLERK Date ' 135 (Draft 3) Bill No.: C-390.2/PC-37_ .Approve/Disapproved this. ~ day Reference: _ _ Ord No.: QS 1.~6 of ~ ~ ~Gvv~~ .20.,_0 ~ MA 3"Orl>r. COUNT}" l)F HAWAI'I