HomeMy WebLinkAboutCOM 0307.001 2006-2008 Pete Hoffmann ~t~ o. Phone No. Hilo: (808) 961-8027
Council Chair dl~'~~'~~~~!, Phone No. Waimea: (808) 887-2043
District 9 -North and South Koho;a Fax No.: (808) 887-2072
E-Mail: phoffrnann@co.hawaii.hi.us
'ti °t+p~
~'Oi'M.
HAWAII COUNTY COUNCIL
County of Hawai `i
Hawai `i County Buidding Ho[omua Center
25Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5
Hilo, Hawaii 96720 Waimea, Hawaii 96743
April 11, 2007
TO: Council Members
Hawaii County Council
FROM: Pete Hoffmann
Council Chairperson
SUBJECT: Proposed Amendment to Planning Director's Proposed Modifications to Bill 318:
An Ordinance Amending Chapter 25, Article 2, Division 4, Hawaii County Code
1983 (2005 Edition) by Adding a New Section Relating to Concurrency Conditions.
Attached for consideration at the April 18, 2007 Council meeting is a proposed
amendment to the Planning Director's proposed modifications to Bi11318 transmitted under
Communication No. 307 dated Apri13, 2007. The attached proposed amendment:
1. Eliminates language which would allow exceptions to the applicability of the bill, so
that concurrency requirements will apply to all new rezonings and time extension requests.
2. Adds new definitions to clarify terms not explicitly defined.
3. Includes non-substantive amendments to clarify ambiguous wording.
4. Replaces references to specific road types with a more general term, "transportation
facilities."
5. Amends Traffic Impact Analysis Report (TIAR) requirements to require that the TIAR
be prepared within six months prior to the submittal of a rezoning application, rather than within
twelve months prior to the application submittal. It also amends the trip count trigger from 100
to 50 peak hour trips, and requires the TIAR to be certified by an engineer licensed in the State
of Hawaii. It also states that the TIAR shall include assessment of impacts over a 20-year time
frame, as well as an assessment, including financial estimates, of alternative plans to mitigate
traffic impacts.
3 D?.
Comm. rlo.~~,_
Ref. To,~~~_
Ref. Uate tP'tRc 11
t_,~8
Lei
cu
Serving the Interests of the People of Our Island
Hawaii County /s An Equal Opportunity Provider And Employer
6. Requires the planning director to present the pros and cons of alternative means of
mitigating traffic impacts of the project, when such alternatives exist.
7. Exempts projects which earn three times, as opposed to two times, the number of
affordable housing credits otherwise required by Chapter 11, County affordable housing policy.
8. Eliminates exemptions for rezonings which conform to community development plans
and for public service projects, and requires all such projects to meet minimum concurrency
standards.
Also attached is a red-lined version showing differences between the Planning Director's proposed
modifications to Bi11318 and the proposed amendment outlined above. New language is highlighted,
and deleted material is bracketed and stricken.
Att.
PH/Ic
PROPOSED AMENDMENT
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW SECTION
RELATED TO CONCURRENCY CONDITIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and findings. The council finds that because of road congestion
in Hawaii County, it is necessary to assess the traffic impacts of major developments, and if
they will add traffic to roads that are now congested, or will foreseeably be congested in the
future, that the rezoning should not take effect unless improvements to the traffic situation occur
before the occupancy of the project. At the same time, the council recognizes that the lack of
affordable housing near employment centers is one of the factors that creates traffic problems, by
forcing workers to commute long distances, and does not want to inhibit the supply of affordable
housing. In addition, there are situations where commercial or light industrial rezoning may be
desirable to reduce traffic. For cxample, thousands of homes are being built in rural subdivisions
approved in the 1950's and 1960's, mostly in Puna and Ka'u. These generally have no areas
zoned for commercial and light industrial uses, and development of these necessary services has
not kept pace with the movement of population to these areas. The council also finds that it is
desirable to have standard expectations for water supply for new rezonings. In some rural areas,
however, there is no reasonable prospect of a public water system, but the county may wish to
allow some commercial and possibly light industrial rezoning to serve the growing rural
population. The water supply necessary for sanitation and firefighting, in these circumstances,
can be handled by requiring adequate storage facilities.
SECTION 2. Chapter 25, article 2, division 4, Hawaii County Code 1983 (2005 Edition,
as amended), is amended by adding a new section 25-2-46 to read as follows:
"Section 25-2-46. Concurrence requirements.
~ Purpose. In addition to requirements otherwise imposed, this section creates concurrency
standazds for roads and water supply in change of zone actions.
(bl Applicability. This section applies to any application for rezoning, or for an extension of
time to perform a condition of zoning, received by the Planning Depaztrnent after the effective
date of this ordinance.
(c) Definitions. As used in this section:
`Acceptable level of service' means that the level of service of a transportation facility at the AM
and PM peak hour is "D" or better.
improved development' means development for which zoning has been granted by the count
`Critical road area' means a geographical area where any of the transportation facilities serving
the area have been determined by the council to be worse than the acceptable level of service.
`Immediate vicinity of a proiect means the area in which transportation facilities will be
required to mitigate impacts caused primarily by the project.
`Level of service, or LOS' means a qualitative measure describing operational conditions within
a traffic stream, and shall be determined using the procedures in the latest edition of the Highway
Capacity Manual, Transportation Reseazch Board.
`Mitigation' means specific actions to reduce traffic congestion. Mitigation is of two types:
`local mitigation' which consists of improvements to roads and intersections that are in the
immediate vicinity of a proiect, including ohannelization of intersections, turn lanes into a
proiect and similar improvements. `Area mitigation' consists of improvements which increase
the capacity of an arterial or other major road, such as additional lanes, in the general region
containing the proiect, or construction of a new arterial or collector road in the general area
containing the project, or improvements to public transportation such as buses or park and ride
facilities, sufficient to offset the traffic demand generated by the proiect.
`Occupancy' means (1) the issuance of a certificate of occupancy for a commercial, multifamily,
industrial building, hotel or other structure requiring a certificate of occupancy; (2) the issuance
of a buildingpermit for residential buildings that do not require a certificate of occupancy; or (3)
final subdivision approval for subdivisions where dwellings aze allowed, but dwellings are not
being constructed before sale of any lot.
`Proj_ect area' means the azea in which the proiect is expected to have an impact on the level of
service of transportation facilities.
`Reasonable assumptions' means the percentage of full build-out that is expected to occur during
the twenty-year period after the date of the application, as determined by the planning director.
`Transportation facilities' means State and County highways, roads, and public transportation
facilities.
`Worse than the acceptable level of service' means that the level of service at the AM or PM
peak is "E" or "F".
(d) Traffic Impact Analysis Report Required.
(1) A traffic impact analysis report (TIAR~prepazed or updated within six months before
the submission of the application, shall be included with the application for any change of zone
that can generate 50 or more peak hour trips. The determination of peak hour trips shall be based
on the Institute of Transportation Engineers, "Trip Generation Handbook", or any other
nationally recognized source. When the number of trips depends upon the exact future uses of
the site, and those are unknown at the time of rezoning_(for example, the types of commercial
uses), the determination shall be based upon a typical mix of uses found in that zoning t e in
2
the community. The TIAR shall be certified as having been conducted in accordance with best
practices by a professional engineer licensed in the State of Hawai' i.
(2) The TIAR shall assess impacts to transportation facilities in the immediate vicinity
and general azea of the project, and to the transportation facilities serving the proiect azea.
(3) The TIAR shall include projections for future growth in traffic, for a minimum of
five, ten, and twent~yeazs, and shall include other approved or proposed development that is
expected to impact the proiect azea, with reasonable assumptions about the build-out of such
development.
(4) The TIAR shall present an assessment of the impacts of the project on LOS and an
evaluation of alternative plans for mitigating those impacts. The evaluation shall include
budeetarv cost estimates for the capital and o ep rating costs of promising alternative plans.
(e) Mitigation Required.
(1) If the LOS for any transportation facility_in the project azea is (1) currently worse
than the acceptable level of service, or (2) projected to become worse than the acceptable level of
service during the five year period of the TIAR, any rezoninG of the property, if approved, shall
contain conditions that require mitigation of adverse traffic effects before occupancy of the
proiect is permitted, or that occupancy be delayed until the level of service has reached the
acceptable level and is no longer projected to be worse than the acceptable level.
(2) Where the LOS deficiency is due to roadway or intersection deficiencies in the
immediate vicinity of the proiect, the conditions of zoninG shall require local mitigation. Where
the deficiency is LOS due to insufficient capacity in the transportation facilities servinG the
proiect area, the conditions of zoninG shall require area mitigation.
(3) If there is more than one way to mitigate an adverse effect, the director shall present
to the council the pros and cons of the alternatives.
(fl Mitigation requirements will be deemed satisfied when:
(1) a public agency has committed funds for area mitigation that will remove the LOS
deficiency. In the case of the State, commitment of funds means that the governor has released
funds to complete the improvement. In the case of the County, commitment of funds means that
the council has appropriated funds to complete the improvement; or
(2) the private developer's commitment to implement mitigation has been secured by
bond or equivalent security, or mandatory participation in an improvement district, community
facilities district, or other equivalent means of Guaranteeing performance.
(g) A developer's azea mitigation expenses shall be credited a Gig
'nst any fair shaze or similaz fee
requirement for roads. A developer's local mitigation expenses shall be credited against any fair
share or similaz fee requirement for roads if the council determines that the mitigation
3
substantially benefits the general Rublic and was not necessaryprimarily for the benefit of the
project. In general, roads that are necessarv for access within a development or turn lanes for a
private protect shall not qualify for fair share credit.
(h) The following types of rezoning applications are not required to perform area miti atg ion:
(1) Residential or other rezonings where the applicant commits, and the conditions of zoning
require, that the Rroject earn at least three times the number of affordable housin credits
otherwise required under Chapter 11, County affordable housing_policv.
(2) Rezoning to CV, CN, MCX, PD, or ML where the council determines that the proiect will
reduce regional traffic congestion by providing necessarv commercial or light industrial
opportunities to serve an area where there is a shortage of available space zoned for such
uses, and substantial residential development has already been approved, provided that
conditions of zoning shall ensure that any commercial development be of a scale consistent
with the standards of a "neighborhood center" as described in the General Plan.
(i) The restrictions on occupancy shall no! apply to the construction of infrastructure such as
water tanks, roads, sewage treatment plants, or other proiect elements that do not generate
substantial traffic.
(i) The council may designate critical road areas by ordinance.
(k) In a critical road area, all rezonings shall be subject to local and area mitigation, except
as
stated in subsection (h).
(1) In order to determine whether a rezoning application meets the TIAR threshold of 50 or more
peak hour trips, and to prevent applicants from going below the TIAR threshold by dividing_a
proiect into segments, the director shall review all development proposed on the same or
adjacent properties, and shall include traffic that may be generated by any development
application approved after the effective date of this ordinance, or by any other pending
develoRment application, if it is on a portion of the same lot or tax map keyparcel, or an
adjoining lot or tax map key parcel, or in the immediate vicinity of the development.
(m) A change of zone application shall not be granted unless: (1) the department of water supply
has determined that it can meet the water requirements of the proiect and issue water
commitments using its existing system; or (2Zspecific improvements to the existing public water
system, or a private water system equivalent to the requirements of the department of water
supply will be provided by the developer to meet the water needs of the proiect and conditions of
zoning delay occupancy until the necessarv improvements are actually constructed.
(n) To facilitate the development of village centers in rural areas that are not currently served by
a public water system, the council may waive the water supply requirements for rezonings for
commercial or light industrial uses in areas that do not currentlyhave a public water system, and
where the department of water supply has no plans to build a public water stem, and which are
(1) designated as an "urban and rural center" or "industrial area" on Table 14-5 of the General
4
Plan and (21 designated for urban use on the Land Use Pattern Allocation Guide Map of the
General Plan; provided that conditions of zoning shall require water supply consistent with
public health and safetyneeds such as sanitation and fire-fightine.
(o) Nothing in this section shall limit the ability of the council to impose reasonable roadway or
water improvement requirements on changes of zone or to deny change of zone applications to
the extent otherwise allowed by law'"
SECTION 3. 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 4. 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 5. This ordinance shall take effect upon approval.
5
RED-LINED VERSION
SHOWING DIFFERENCES BETWEEN
DIRECTOR'S MODIFICATION AND PROPOSED AMENDMENT
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW SECTION
RELATED TO CONCURRENCY CONDITIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'L•
SECTION 1. Purpose and findings. The council finds that because of road congestion
in Hawaii County, it is necessary to assess the traffic impacts of major developments, and if
they will add traffic to roads that aze now [tee] congested, or will foreseeable be [tes] congested
in the future, that the rezoning should not take effect unless improvements to the traffic situation
occur [at-eF] before the occupancy of the project. At the same time, the council recognizes that
the lack of affordable housing neaz employment centers is one of the factors that creates traffic
problems, by forcing workers to commute long distances, and does not want to inhibit the supply
of affordable housing. In addition, there are situations where commercial or light industrial
rezoning may be desirable to reduce traffic. For example, thousands of homes aze being built in
rural subdivisions approved in the 1950's and 1960's, mostly in Puna and Ka'u. These generally
have no azeas zoned for commercial and light industrial uses, and development of these
necessary services has not kept pace with the movement of population to these areas. The
council also finds that it is desirable to have standard expectations for water supply for new
rezonings. In some rural azeas, however, there is no reasonable prospect of a public water
system, but the county may wish to allow some commercial and possibly light industrial
rezoning to serve the growing rural population. The water supply necessary for sanitation and
firefighting, in these circumstances, can be handled by requiring adequate storage facilities.
SECTION 2. Chapter 25, article 2, division 4, Hawaii County Code 1983 (2005 Edition,
as amended), is amended by adding a new section 25-2-46 to read as follows:
"Section 25-2-46. Concurrence requirements.
(a) Purpose. In addition to reauirements otherwise imposed, this section creates concurrency
standards for roads and water supple in change of zone actions.
(b) Applicability. This section applies to any application for rezoning, or for an extension of
time to perform a conditionfsl of zoning, received by the Planning Department after the effective
date of this ordinancef,
«a:4:~«.. v :Q. ~.d nl...« : n 41... n .«h ~F
1.
(cl Definitions. As used in this section:
`Acceptable level of service' means that the level of service of a [~ixigr~"rn"cnsrer-iirt°c:$°c2tie=rT
transaortation facility at the AM lerl and PM peak hour is "D" or better.
`Aaaroved develoament' means develoament for which zonine has been Eranted by the
coun
`Critical road area' means a geoeraphical area where any of the ~
transportation facilities serving the area have been determined by the council to be worse than
the acceptable level of service(,''°°°''
`Immediate vicinity of a proiect' means the area in which transportation facilities will be
required to miti¢ate imaacts caused primarily by the aroiect.
`Level of service, or LOS' means a qualitative measure describine operational conditions within
a traffic stream, and shall be determined using the procedures in the latest edition of the Highway
Capacity Manual, Transportation Reseazch Boazd.
`Mitigation' means specific actions to reduce traffic congestion. Mitigation is of two types:
`local mitigation' which consists of improvements to roads and intersections that are in the
immediate vicinity of a project, includin¢ channelization of intersections, turn lanes into a
proiect and similar improvements[~ndl. `[regienel] Area miti atg ion' [~vhiehl consists of
improvements which increase the capacity of an arterial or other major road, such as additional
lanes, in the general region containing the project, or construction of a new arterial or collector
road in the general fre~ien] area containin the project,[°~a -°'-~°w °'-°--m D'°^
€ae-i}ities-niat~l or improvements to public transportation such as buses or park and ride facilities,
sufficient to offset the traffic demand venerated bXthe proiect.
`Occupancy' means (1) the issuance of a certificate of occupancy for a commercial, multifamily,
industrial buildine, hotel or other structure requiring a certificate of occupancy; (2) the issuance
of a buildingpermit for residential buildings that do not require a certificate of occupancy; or (3)
final subdivision approval for subdivisions where dwellings are allowed, but dwellings aze not
being constructed before sale of ft~ke-letsl any lot.
`Project area' means the area in which the proiect is expected to have an impact on the
level of service of transportation facilities.
`Reasonable assumptions' means the percenta¢e of full build-out that is expected to occur
durine the twenty-year period after the date of the aaplication, as determined by the
planninE director.
`Transaortation facilities' means State and Coupty hiehways, roads, and aublic
transportation facilities.
`Worse than the acceptable level of service' means that the level of service at the AM or PM
peak is "E" or "F".
2
(d) ITIA~1Traffic Impact Analysis Report Required.
(1) A traffic impact analysis report (TIARI, prepared or updated within ltivebve] six
months [eft before the submission of the application, shall be included with the application for
anv change of zone that can eenerate 1981 50 or more peak hour tripsl.
hy~s!~l. The determination of peak hour trips shall be based on the Institute of
Transportation Engineers, "Tri~Generation Handbook", or anv other nationally reco ng_ ized
source. When the number of trigs depends upon the exact future uses of the site, and those are
unknown at the time of rezonine (for example, the types of commercial uses), the determination
shall be based upon a ty~cal mix of uses found in that zoning~e in the community. The
TIAR shall be certified as havin¢ been conducted in accordance with best practices by a
professional engineer licensed in the State of Hawai i.
(2) The TIAR shall assess impacts to 1^"''"" transportation
facilities in the immediate vicinity and general area of the protect, and to the 1^°^°~
"°«a°l transportation facilities serving the project area.
The TIAR shall include proiections for future growth in traffic, for a minimum of
five, ten, and twenty years, and shall include other approved or proposed development finl
that is expected to impact the proiect area, with reasonable assumptions about the build-out of
such development.
/4~ fT« 1:,.....F«°,...:..:«.. R„~ TT A D ° ~ A,° ...,1 t..°FF... 1°.,el ,,.fi°.:.,1 .,t,A
L«>_° „ ,..,.°t,i° i,...°i °F..,.....:^° >,°..,.a °.~.,......,.a,.>_i° .....a:°..,1The TIAR shall
present an assessment of the impacts of the proiect on LOS and an evaluation of alternative
plans for miti¢atin¢ those impacts. The evaluation shall include bud¢etarv cost estimates
for the capital and operatin¢ costs of promisins alternative plans.
(e) Mitigation Required.
(1) If the LOS for any ~ 1 transportation facility in the lstt~yl
proiect area is (I) currently worse than the acceptable level of service, or (2) projected to
become worse than the acceptable level of service during the five veaz period of the TIAR, any
rezoning of the property, if approved, shall contain conditions that require mitigation of adverse
traffic effects before occupancy of the project is permitted, or that occupancy be delayed until the
level of service has reached the acceptable Level and is no ton er projected to be worse than the
acceptable level.
(2) Where the LOS deficiency is due to roadway or intersection deficiencies in the
immediate vicinity of the proiect, the conditions of zoning shall require local mitigation. Where
the deficiency is LOS list due to insufficient capacity in the ~^°a°7
transportation facilities serving the proiect area, the conditions of zoning shall require
~regienall area miti atg ion•
3
{31 If there is more than one way to mitigate an adverse effect, the director shall
present to the council the pros and cons of the alternatives.
(f) Mitigation requirements will be deemed satisfied when:
(1) a public agency has committed funds for [xal] area mitigation that will remove
the LOS deficiency. In the case of the State, commitment of funds means that the governor has
released funds to complete the improvement. In the case of the County, commitment of funds
means that the council has appropriated funds to complete the improvement; or
(2) the private developer's commitment to implement mitigation has been secured by
bond or equivalent security, or mandatory participation in an improvement district, community
facilities district, or other equivalent means of guaranteeingperformance.
(g) A developer's fregiexall area mitigation expenses shall be credited against any fair share or
similar fee requirement for roads. A developer's local mitigation expenses shall be credited
against any fair share or similar fee requirement for roads if the council determines that the
mitigation substantially benefits the general public and was not necessaryprimarily for the
benefit of the proiect. In general, roads that are necessary for access within a development or
turn lanes for a private proiect shall not qualify for fair share credit.
(h) The following types of rezoning applications are not recLuired to perform lregiertall area
mitigation:
(1) Residential or other rezonings where the applicant commits, and the conditions of zoning
require, that the proiect earn at least ftwel three times the number of affordable housing
credits otherwise required under Chapter 11, County affordable housing_policy.
(21 Rezoning to CV, CN, MCX, PD, or ML where the council determines that the project will
reduce leveralll regional traffic congestion byproviding necessary commercial or light
industrial opportunities to serve an azea where there is a shortage of available space zoned for
such uses, and substantial residential development has already been approved, provided that
conditions of zoning shall ensure that any commercial development be of a scale consistent
with the standards of a "neighborhood center" as described in the General Plan.
[(3~-I~Cez~6ixi==gs-tliRr6en~riv-arc-eA~"~n=ty~e~elE~lci • •pmia-uvv~j,•°'¢i,T
xc°ix~ « vca===m=.2~~a
.:a., ,.n . ~ a .h a t . i
"ivv'@A3C13tS-r iaa°cr~. °c cvam:m=r'isr-ac'r'°cxElT~nux~:]
c~ixivcisiiic.T]
Qi}i) The restrictions on occupancy shall not apply to the construction of ft~ede~hetneser]
infrastructure such as water tanks, roads, sewage treatment plants, or other proiect elements that
do not,generate substantial traffic.
4
([lE]j) The council may desienate critical road azeas by ordinance. [T~r
«:.:,...t «,...a ..l.nll r lln.., 4w.. ,.,.a..«,, r «.....n~a;., 4T,:.. nl.n 4n« n 41,n
.l
(lllk) In a critical road azea, all rezonings shall be subiect to local and [reg'eHal] area miti atg ion,
except as stated in subsection (hZ[er~t-
1l...\ T.. n «:4:nn1 «nnA n n n TTAD ..l.nil l.n «n «n.l 4n t6o n..Fn.,t nF1....,.1 ...a ,~ttB33.1
(fnlll In order to determine whether a rezoning application meets the TIAR threshold of 50 or
more peak hour trips, and to prevent applicants from goin¢ below the TIAR threshold by
dividing a proiect into se¢ments, the director shall review [ 1 all
development proposed on the same or adjacent properties, and shall include traffic that may be
generated by anv freset3itt>al development application approved after the effective date of this
ordinance, or by anv other pending lteseaii~l development application, if it is on a portion of
the same lot or tax map keypazcel, or an adioining lot or tax man key nazcel, or in the
immediate vicinity of the development f ~ 1.
(lelm) A change of zone application shall not be granted unless: (1) the department of water
supply has determined that it can meet the water requirements of the ~roiect and issue water
commitments using its existing system; or (2) specific improvements to the existingpublic water
system, or a private water system equivalent to the requirements of the department of water
supper will be provided by the developer to meet the water needs of the proiect and conditions
of zonine delay occupancy until the necessary improvements are actually constructed.
(feln) To facilitate the development of village centers in rural areas that aze not currently served
by a public water system, the council may waive the water supply requirements for rezonings for
commercial or light industrial uses in areas that do not currently have a public water system, and
where the department of water supply has no plans to build a public water system, and which are
(1) designated as an "urban and rural center" or "industrial area" on Table 14-5 of the General
Plan and (2) designated for urban use on the Land Use Pattern Allocation Guide Map of the
General Plan; provided that conditions of zoning shall require water supply consistent with
public health and safety needs such as sanitation and fire-fighting_
([q]o) Nothing in this section shall limit the ability of the council to impose reasonable roadway
or water improvement requirements on chanties of zone or to deny change of zone applications
to the extent otherwise allowed by law."
SECTION 3. 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.
5
SECTION 4. 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 5. This ordinance shall take effect upon approval.
6