HomeMy WebLinkAboutBIL 328 Draft 01 2004-2006OFFICE INFORMATION ONLY
Meeting: Council — February 21, 2007
Action: October 16, 2006 - Referred to Planning Department and Commission.
Febmsuy 6, 2007 - Comm. 165 (2006-2008 term), from Planning Director
Yuen requesting extension of review period.
February 21, 2007 -Recommitted to Planning Department and
Commission -
Never placed back on the agenda.
Re: Bill 328: Comm. 1033 (2004-2006 term); PC -1 I I
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAFI
BILL NO. 328
AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983 (2005 EDITION,
AS AMENDED) BY ADDING A NEW CHAPTER RELATING TO CONCURRENCY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose.
(a) The Council of the County of Hawaii has determined that:
(1) The rapid rate of growth and development in the County of Hawaii has
created a pressing need for capital improvements and has overburdened
County public facilities and services, including public roads, public water,
public wastewater, public parks, solid waste management, police
protection, and fire protection.
(2) Population growth generated by rapid land development has increased the
need for these County public facilities and services at a rate exceeding the
County's ability to maintain acceptable levels of service with current and
traditional funding sources.
(3) Acceptable level of service standards need to be established for the
County public facilities and services identified above, and a financially
feasible plan needs to be prepared to fund and maintain acceptable levels
of service county -wide.
(4) New development should not be permitted unless County public facilities
and services and any necessary capital improvements meet the
requirements of the general plan and any regional plans or community
development plans adopted by ordinance, and either meet or exceed the
level of service standards established by the County.
(b) Therefore, it is the purpose of this chapter to:
(1) Promote the health, safety, and general welfare of the people of the
County of Hawaii, and enable the County to better accommodate orderly
growth and development.
(2) Ensure that the general plan and adopted regional plans and community
development plans are implemented.
(3) Provide for the establishment of county -wide level of service standards for
public roads, public water, public wastewater, public parks, solid waste
management, police protection, and fire protection which are managed by
the County.
(4) Provide for the establishment of a concurrency management system to
ensure that County public facilities and services needed to support new
development are available concurrent with the impacts of such new
development.
(5) Provide for the preparation of a public facilities improvement plan to fund
and maintain established county -wide levels of service.
SECTION 2. The Hawaii County Code 1983 (2005 Edition, as amended), is amended
by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
Concurrency.
Article 1. General Provisions.
Section -1. Title.
This chapter shall be known and may be cited as the `Concurrency chapter.'
Section -2. Definitions.
Whenever used in this chapter, the following words and phrases, unless the context
otherwise requires, shall be defined as follows:
"Capital improvements" means the planning, financing, acquisition, and development of
public facilities covered by this chapter, including the costs of land, construction, engineering,
administration, and legal and financial consulting fees, but excluding the costs of routine or
periodic maintenance.
"County" means "County" as defined in chapter 1, Hawaii County Code, as amended.
"Developer" means an owner, or other person or legal entity with written authorization
from the owner, who intends to improve or to construct any improvements upon said owner's
property. The term shall also mean a "subdivider" as defined in chapter 23, Hawaii County
Code, as amended.
"Development agreement" means "development agreement" as defined in chapter 30,
Hawaii County Code, as amended.
"General plan" means "general plan" as defined in article 3, Hawaii County Charter, as
amended.
"Level of service" means an established minimum functional level of public facilities
that must be provided per unit of demand or other appropriate measure of need.
"New development" means any development, construction, or installation that results in
real property improvement, pursuant to provisions for subdivision and re -subdivision in chapter
23, Hawaii County Code, and changes of zone in chapter 25, Hawaii County Code.
"Public facilities" means all facilities and services for public roads, public water, public
wastewater, public parks, solid waste management, police protection, and fire protection which
are managed by the County.
Section -3. Applicability of general plans.
This chapter shall be applied and administered within the framework of the Hawaii
County general plan which is a long range, comprehensive policy document intended to guide
the overall future development of the County.
Section -4. Authority.
(a) This chapter is adopted pursuant to article VIII, Hawaii Constitution, granting the
County the power to adopt a charter for its own self-government, and pursuant to the authority
granted by chapter 46, Hawaii Revised Statutes, setting forth the general powers of the counties.
(b) This chapter is also adopted pursuant to article III, section 3-15, Hawaii County
Charter, which provides that the County shall adopt a general plan setting forth the county
council's policy for long-range comprehensive physical development of the County, and
specifically subsection (a) thereto providing that the county council shall enact ordinances
necessary to cant' out the purpose of the general plan.
(c) This chapter is further authorized by chapter 226, part II, Hawaii Revised
Statutes, requiring the formulation and implementation of general plans.
Section -5. Applicability of this chapter.
The provisions of this chapter shall apply to all new development as defined in section
-2 of this chapter. This chapter shall be construed to complement the improvements and
dedications required by the subdivision code and zoning code of the Hawaii County Code. This
chapter provides for additional requirements and is not intended to supplant other code
provisions, rules, and regulations.
Section -6. Establishment of Level of Service Standards.
(a) The planning director shall determine the acceptable level of service standards for
public facilities as defined in this chapter, in consultation with the applicable County departments
or agencies responsible for their management and in accordance with the general plan.
(b) The planning director shall prepare a resolution establishing acceptable level of
service standards no later than one hundred eighty days from the effective date of this chapter.
(c) Level of service standards may be amended as determined necessary by the
planning director, in consultation with applicable responsible departments or agencies, by
resolution.
Section -7. Concurrency Management.
The planning director shall issue final approvals for any new development pursuant to
provisions for subdivision and re -subdivision in chapter 23, Hawaii County Code, and changes
of zone in chapter 25, Hawaii County Code, when:
(1) The new development will not lower levels of service below adopted level
of service standards, and any required capital improvements will occur
concurrent with said new development, whether funded by government or
by the developer; or
(2) The new development will be phased so that capital improvements
required to meet adopted level of service standards are available
concurrent with impacts of the phased development, provided that all
required capital improvements to be funded and constructed by the
developer are financially secured by an acceptable surety; or
(3) The developer has entered into an enforceable development agreement,
wherein capital improvements required to meet adopted level of service
standards at the time of the agreement are financially secured by an
acceptable surety; and
(4) In all cases, the applicable responsible department or agency heads have
given written approval to the planning director that the new development
will meet adopted level of service standards for those public facilities
managed by their departments or agencies; and
(5) In all cases, the developer shall provide to the planning director an
engineering study which states that the new development will meet
adopted levels of service for public roads, public water, public wastewater,
and public parks. The engineering study shall be conducted by an
engineer or engineering firm licensed in the State of Hawaii, and shall
include certification of a current errors and omissions insurance policy;
and
(6) In all cases, the developer has complied with all other pertinent
requirements for subdivision and re -subdivision pursuant to chapter 23,
Hawaii County Code, and changes of zone pursuant to chapter 25,
Hawaii County Code.
Section -8. Public Facilities Improvement Plan.
(a) Based on existing county -wide level of service standards, the finance director
shall prepare a public facilities improvement plan which shall:
(1) Identify public facilities as defined in this chapter which are necessary to
meet the requirements of the general plan.
(2) Identify whether required capital improvements are expected to be funded
by the federal government, the State of Hawaii, the County of Hawaii,
improvement district financing, community facilities district financing,
developer financing, or other means.
(3) Designate a reasonable timeline for completion of capital improvements.
The intent of the public facilities improvement plan is to inform persons who
desire to develop land in the County of the expected completion dates for capital improvements
and the probable funding sources for capital improvements.
(b) The finance director shall prepare a resolution establishing a public facilities
improvement plan no later than one hundred eighty days from the effective date of this chapter.
(c) The public facilities improvement plan may be amended by the finance director,
by resolution.
Section -9. Effective Dates.
This chapter shall become effective upon its adoption; provided that section -7
shall take effect one hundred eighty days from adoption by the county council of level of service
standards set forth in section -6."
III
SECTION 3. New material is underscored. Material to be repealed is bracketed. In
printing this ordinance, the brackets, bracketed material, and the underscoring need not be
included.
SECTION 4. 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.
INTRODUCED BY:
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CO CIL MEMBER, COUNTY OF HAWAII
Date of Introduction:
Date of I51 Reading:
Date of 2nd Reading:
Effective Date:
REF-EREAKE: Comm.3Z_ 8