Loading...
HomeMy WebLinkAboutBIL 329 Draft 01 2004-2006OFFICE INFORMATION ONLY Meeting: Council — February 21, 2007 Action: October 16, 2006 - Referred to Planning Department and Commission. February 6, 2007- Comm. 165 (2006-2005 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 329; Comm. 1037 (2004-2006 term); PC -712 COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 329 AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW CHAPTER RELATING TO ADEQUATE PUBLIC FACILITIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. 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 _ Adequate Public Facilities Article 1. General Provisions. Section _-1. Title. This chapter shall be known and may be cited as the "Adequate Public Facilities Chapter" of the County of Hawai' i. Section — -2. Purpose. The purpose of this chapter is to preserve the welfare of current and future County of Hawai'i residents and to facilitate growth in an orderly manner by ensuring that adequate public facilities are available concurrently with the completion of new development. For the purposes of this chapter, public facilities shall include road, water, and sewer facilities. This adequate public facilities chapter implements a growth management approach that ties or conditions development approval to the availability and adequacy of public facilities and services, thus ensuring that new development does not take place unless necessary infrastructure and services are available to support it. This chapter identifies the types and levels of service that are needed to permit new development and establishes a policy as to when the infrastructure and public services must be in place relative to the impact of development. This chapter is linked to the County's capital improvements program which establishes a schedule of public facility construction over a five- or six-year period and details how they should be financed. Section _-3. Definitions. (a) Words in the present tense include the future, the singular number includes the plural, and the plural includes the singular. The word "shall" is mandatory and the word "may" is permissive. (b) As used in this chapter, unless otherwise specified: "Adequate" shall mean meeting the established minimum standards in this chapter and therefore not preventing the approval of new development. "Approval" shall mean the review process, ultimately responsible for authorizing development, required subject to the County's relevant land development ordinances handling subdivision and site plan applications. "Approve" shall mean the act of authorizing the development of a subdivision or site plan subject to the County's relevant land development ordinances handling subdivision and site plan applications. "Approved" shall mean a subdivision or site plan that has been authorized for development subject to the County's relevant land development ordinances handling subdivision and site plan applications. "Binding Agreement" shall mean an agreement with the force of law made between the County and developer(s) that specifies the developer's responsibility regarding project phasing and financial obligations for public facility improvements that must be taken on in order for road, water, and sewer facilities to be declared adequate for the purposes of this chapter. "Capital improvements program" shall mean, if the County owns the road, water, or sewer system in question, the County's adopted schedule of all major projects requiring the expenditure of public funds over a five- or six-year period for the purchase, construction, or replacement of physical assets for the County. If the County does not own the road, water or sewer system in question, then this shall mean the schedule of all major projects relative to the capacity of the system in question, as adopted by the road, water, or sewer system's owner. "County" shall mean County of Hawaii. "Chapter" shall refer to this chapter and all subsequent additions or amendments thereto. "Developer" shall mean any individual submitting a plan for new development under the provisions of this chapter. "Development pipeline" shall mean approved lots or development projects having a legal claim to the County's road, sewer, and/or water capacity. "Equivalent unit" shall mean the flow of water or wastewater equivalent to the average flow of a unit -type planned for new development. "Inadequate" shall mean not meeting the established minimum standards in this chapter and, therefore, the County. 2 "Individual" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee of any of them. "Level of service" shall mean a qualitative measure describing operational conditions of a transportation facility. Procedures for determining level of service are to be determined by the department of public works (DPW) when applied in this chapter. "New development" shall mean new subdivisions or site plans for new construction received for approval by the planning director pursuant to chapters 23 and 25, Hawaii County Code, after the effective date of this chapter. "Phase" shall mean a period of construction resulting in the completed construction of a number of units equal to or less than the total number of units of approved new development. "Site plan" shall mean a plan, to scale, showing uses, structures, and other improvements for a parcel as required by chapters 23 and 25, Hawaii County Code. "Start of construction" shall mean the point in time commemorating the breaking of ground for the construction of approved new development or a phase of that development. "Subdivision" shall mean the division of land into two or more lots. "Unit -type" shall mean a description that implies the use, general size, and general appearance of a structure, including, but not limited to, single-family, multiple -family, commercial, industrial, and resort -hotel units. "Utility representative" shall mean an individual qualified to check the accuracy of statements regarding the capacity, usage, and estimated future usage of the County's water or sewer systems. If the County owns and operates the system in question, then this individual shall be the County's duly designated engineer. If the County does not own and operate the system in question, then this individual shall be an engineer in the employ of the system's owner or operator. Article 2. Administration. Section _-5. Administration. This chapter shall be administered by the planning director. The planning director shall not approve new development unless road, water, and sewer facilities are deemed to be adequate as required by this chapter. Nothing in this chapter shall prevent the planning director from approving portions of a new development if said portions comply with the provisions of this chapter. Section _-6. Jurisdiction. This chapter applies to all new subdivision and site plan applications for new construction received by the planning director pursuant to chapters 23 and 25, Hawaii County Code, after the effective date of this chapter. Section _-7. Final determination of adequate public facilities. (a) If road facilities are found to be adequate subject to section _-13 of this chapter, water facilities are found to be adequate subject to section _-17 of this chapter, and sewer facilities are found to be adequate subject to section _-22 of this chapter, then public facilities shall be deemed adequate and the new development in question may be approved. (b) If road facilities are found to be inadequate subject to section 43 of this chapter, or water facilities are found to be inadequate subject to section -- 17 of this chapter, or sewer facilities are found to be inadequate subject to section _-22 of this chapter, then public facilities shall be deemed inadequate and the new development in question shall not be approved. Article 3. Roads. Section _-10. Road standard. All new development shall be served by an adequate network of roads. Section -41. Developer submission. The developer of the new development in question shall be responsible for inquiring with DPW regarding the necessity for a traffic impact study and submitting a copy of DPW's response to the need for a traffic impact study to the planning director. Section _42. Traffic impact study. (a) Any traffic impact study performed subject to section — -I I of this chapter shall include in its scope those projects in the development pipeline that are geographically proximate to the new development being evaluated under this chapter. (b) If DPW recommends a traffic impact study based on section — -I of this chapter, then the application for new development shall be held until such time as the developer completes a traffic impact study, the study is reviewed by DPW, and it is found to be in compliance with DPW's regulations for traffic impact studies, as amended from time to time. (c) If the County council adopts a resolution expressing concern with the traffic -related impacts of new development, then the application for new development shall be held until such time as the developer completes a traffic impact study reviewed by the County's duly designated engineer and found to be in compliance with DPW's regulations for traffic impact studies, as amended from time to time. Section _-13. Determination of roads adequacy. (a) If a traffic impact study subject to section _-11 of this chapter is not required, then roads shall be deemed adequate for the purpose of this chapter. (b) If the traffic impact study performed subject to _-12 of this chapter reports that there are no improvements necessary or recommended by DPW or the County's duly designated engineer as a result of the traffic impact study, then roads shall be deemed adequate for the purpose of this chapter. (c) If the traffic impact study performed subject to section _-12 of this chapter reports that there are improvements necessary or recommended by DPW or the County's duly designated engineer as a result of the traffic impact study, then roads shall be deemed inadequate for the purpose of this chapter, except in the case when the County council adopts a resolution affirming the idea that future road improvements set forth in a binding agreement or appearing in the County's capital improvements program will, to the maximum degree possible, alleviate congestion exacerbated by the approved new development. Article 4. Water. Section _45. Water standard. All new development shall be served by an adequate water system. Section _46. Developer submission. The developer shall submit a summary of the planned new development to the utility representative including the following: (1) An enumeration of the unit -types and number of each unit -type planned for new development. (2) Equivalent unit figures for water for each unit -type planned for new development. Section _47. Determination of water system adequacy. (a) The utility representative shall draft and submit a report to the planning director addressing the adequacy of the County's water system to support new development, recommending water system upgrades, if any, necessary to support new development, recommending the planning director find the water system adequate or inadequate, and including a consideration of at least all of the following elements: (1) The water system's design capacity; (2) The water system's supply source; (3) The water system's available capacity; (4) The projected water needs of proposed new development to include needs for domestic consumption and fire protection; (5) Existing storage, treatment, and pumping facilities affected by the proposed development; (6) The impact of projects in the development pipeline on the water system's available capacity; (7) Projects appearing in the capital improvements program that will affect the ability of the water system to serve new development; and (8) Other variables found to have an effect on the ability of the water system to satisfy the projected water needs of the new development. (b) If the utility representative recommends that the water system be deemed inadequate, pursuant to subsection _-17(a) of this chapter, then the planning director shall determine the water system to be inadequate for the purposes of this chapter and not approve the application for new development in question, in all but the following situations when water facilities may be deemed adequate for the purposes of this chapter by the planning director: (1) Projects in the capital improvements program will, according to the utility representative, increase the water system's ability to support new development, and a binding agreement specifies that development will take place in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate water facilities without water system improvements does not occur until such time as improvements specified in the capital improvements program are in place; (2) A binding agreement specifies that the developer shall fund water system improvements deemed necessary by the utility representative to provide adequate water facilities, pursuant to subsection _-17(a) of this chapter, and the developer agrees that development will take place in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate water facilities without water system improvements does not occur until the agreed upon developer funded improvements are in place; (3) A binding agreement specifies that the County and developer will jointly improve the County's water system according to recommendations made by the utility representative, pursuant to subsection _-17(a) of this chapter, and requires the developer to develop in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate water facilities without water system improvements does not occur until such time as the agreed upon County and developer funded water system improvements are in place; or (4) Multiple developers submitting applications for new development under this chapter, including the developer whose application for new development is currently being reviewed, enter into a binding agreement containing all of the following conditions: (A) The multiple developers party to this binding agreement shall share the costs of water system improvements deemed necessary by the utility representative to ensure adequate water facilities for new development; (B) Each individual developer's share of the costs of water system improvements shall be calculated based on the individual developer's pro -rata share of water equivalent units to be created by the multiple developers' new development, as determined by the utility representative; (C) The individual developer's share of costs may be modified by the utility representative if circumstances other than the individual developer's pro -rata share of water equivalent units are found by the utility representative to increase or decrease the cost of providing water system improvements to the individual developer's new development; and (D) The multiple developers shall agree to develop in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate water facilities without water system improvements does not occur until the agreed upon developer funded improvements are in place. (c) If the utility representative recommends, pursuant to subsection _A7(a) of this chapter, that the water facilities be deemed adequate, then the planning director may determine the water facilities to be adequate for the purposes of this chapter. Article 5. Sewer. Section _-20. Sewer standard. All new development shall be served by an adequate sewer system. Section _-21. Developer submission. The developer shall submit a summary of the planned new development to the utility representative including the following: (1) An enumeration of the unit -types and number of each unit -type planned for new development. (2) Equivalent unit figures for wastewater for each unit -type planned for new development. Section _-22. Determination of sewer system adequacy. (a) The utility representative shall draft and submit a report to the planning director addressing the adequacy of the County's sewer system to support new development, recommending sewer system upgrades, if any, necessary to support new development, recommending the planning director find the sewer system adequate or inadequate, and including a consideration of at least all of the following elements: (1) The sewer system's design capacity; (2) The sewer system's available capacity; (3) The projected wastewater flow to be generated by proposed new development; (4) The impact of projects in the development pipeline on the sewer system's available capacity; (5) Projects appearing in the capital improvements program that will affect the ability of the sewer system to serve new development; (6) The sewer system's permitted treatment capacity as determined by the State department of health; and (7) Other variables found to have an effect on the ability of the sewer system to accept the projected wastewater flow from new development. (b) If the utility representative recommends that the sewer system be deemed inadequate, pursuant to subsection _-22(a) of this chapter, then the planning director shall determine the sewer system to be inadequate for the purposes of this chapter and therefore not approve the application for new development in question, in all but the following situations when sewer facilities may be deemed adequate for the purposes of this chapter by the planning director: (1) Projects in the capital improvements program will, according to the utility representative, increase the sewer system's ability to support new development, and a binding agreement specifies that development will take place in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate sewer facilities without sewer system improvements does not occur until the sewer improvements specified in the capital improvements program are in place; (2) A binding agreement specifies that the developer shall fund sewer system improvements deemed necessary by the utility representative to provide adequate sewer facilities, pursuant to subsection _-22(a) of this chapter, and the developer agrees that development will take place in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate sewer facilities without sewer system improvements does not occur until the agreed upon developer funded improvements are in place; (3) A binding agreement specifies that the County and developer will jointly improve the County's sewer system according to recommendations made by the utility representative, pursuant to subsection _-22(a) of this chapter, and requires the developer to develop in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate sewer facilities without sewer system improvements does not occur until such time as the agreed upon County and developer funded sewer system improvements are in place; or (4) Multiple developers submitting applications for new development under this chapter, including the developer whose application for new development is currently being reviewed, enter into a binding agreement containing all of the following conditions: (A) The multiple developers party to this binding agreement shall share the costs of sewer system improvements deemed necessary by the utility representative to ensure adequate sewer facilities for new development; (B) Each individual developer's share of the costs of sewer system improvements shall be calculated based on the individual developer's pro -rata share of wastewater equivalent units to be created by the multiple developers' new development, as determined by the utility representative; (C) The individual developer's share of costs may be modified by the utility representative if circumstances other than the individual developer's pro -rata share of wastewater equivalent units are found by the utility representative to increase or decrease the cost of providing sewer system improvements to the individual developer's new development; and (D) The multiple developers shall agree to develop in a manner so that the start of construction for phases of development found by the utility representative to result in inadequate sewer facilities without sewer system improvements does not occur until the agreed upon developer funded improvements are in place. (c) If the utility representative recommends, pursuant to subsection _-22(a) of this chapter, that the sewer facilities be deemed adequate, then the planning director may determine the sewer facilities to be adequate for the purposes of this chapter. Article 6. Applicability of Chapter. Section --25. Applicability of general plans. This chapter shall be applied and administered within the framework of the Hawaii County general plan. Section --26. Applicability of subdivision and zoning codes. This chapter shall apply to all new development as defined in subsection 3(b) of this chapter. This chapter shall be construed to complement the improvements and dedications required by chapters 23 and 25, Hawaii County Code. This chapter provides for additional requirements and is not intended to supplement other code provisions, rules, and regulations. SECTION 2. 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. SECTION 3. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 1037 INTRODUCED BY: COUN IL MEMBER, COUNTY OF HAWAII 10