HomeMy WebLinkAboutORD 2007-170 2006-2008 Tr or N
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COUNTY OF HAWAII STATE OF HAWAII
~'o:'d:
07 1,70 BILL NO. i~6
ORDINANCE NO. (DRAFT z)
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE (2005
EDITION, AS AMENDED), ESTABLISHING A NEW ARTICLE RELATING TO A
HAWAII COUNTY CULTURAL RESOURCES COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and read as follows:
"Article
Hawaii County Cultural Resources Commission
Section .The Council finds that preservation of historic properties enhances the educational,
cultural economic and general welfare of the County. It is deemed essential that the qualities
relating to the history and culture of Hawaii County be preserved through comprehensive
historic preservation planning. Implementation of chapter 6E, historic preservation, Hawaii
Revised Statutes, and the Hawaii County General Plan provide a means to perpetuate the value
of various cultures of which our community is comprised.
It is the intent of this article to provide for:
(1) Protecting and preserving historic properties and artifacts in the County and
encourage, where appropriate, their adoption for appropriate and feasible use;
(2) Encouraging the restoration, rehabilitation and continued functional use of historic
properties;
(3) Encouragin¢ the identification, preservation, promotion and enhancement of those
historic properties which represent or reflect distinctive elements of cultural, social,
economic, political and architectural history, and to encourage the designation of
historic properties, thereby ensuring that our cultural and historic heritage will be
imparted to present and future generations of residents and visitors; and
(4) Formulating County-wide comprehensive, historic preservation policies, programs
andplans.
Section DeTinitions.
For purposes of this article, unless it is plainly evident from the context that a different
meaning is intended, certain terms and words are defined as follows:
"Council" means the council of the County.
"County" means the County of Hawaii, a political subdivision of the State.
"Historic properties" means anyprehistoric or historic district site building structure area
or object significant in the history azchitecture azchaeology, or culture of the County. State and
Nation including those listed on the Hawaii or national registers.
"Department" means the planning department of the County.
"Director" means the planning director of the County.
"Historic preservation" means the research protection, restoration, rehabilitation and
interpretation of districts sites buildings structures azeas or objects, significant to the history,
architecture archaeology or culture of the County, State or Nation.
"Mayor" means the mayor of the County.
"Professional" means a person with those cLualifications enumerated in the code of federal
regulations 36CFR61, appendix A.
"State" means the State of Hawaii.
Section .Commission established.
(al There is established a commission to be known as the "Hawai`i County Cultural Resources
Commission". hereinafter referred to as the "commission."
(b) The commission shall consist of nine appointed members. The members shall be appointed
by the mayor with the approval of the Council and a portion of them shall be chosen from
professionals andpersons with special interest in the following disciplines azchitecture,
history archaeology planning architectural history Hawaiian culture and ethnic history
and culture of Hawaii County. The mayor shall solicit lists of two or more persons,
recommended by community and professionals, such as the historic societies, azchitects,
and the state Office of Hawaiian affairs, for consideration in making commission
appointments Commission members should have a demonstrated interest, competence
and/or knowledge in historic preservation.
(c) A portion of commission members shall be professionals in the disciplines of history,
Hawaiian culture or history each having professional representation on the commission to
the extent that such professionals are available in the community. The commission shall
also include members from different azeas of the County, who possess a knowledge and
interest in local azea history.
Section .Officers and expenses.
(a) The commission shall annually elect from its membership a chairman and vice chairman
for terms of office beginning on April 1, until March 31, of the following yeaz.
(b) The commission may incur such expenses as may be necessary and proper and for which
appropriations have been made by the Council or any other appropriate person or agency.
Section Meetin¢s and votine.
(al The commission shall hold meetings at least monthly. All meetings shall be open to the
public except as may be provided by law• and anyperson or a representative thereof shall
be entitled to appear and be heard on any matter before the commission.
Special meetings may be called by the chairman, director, or by any three members of the
commission.
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Section .Powers and duties.
(a) The commission shall advise and assist Federal, State and County government agencies in
carrying out their historic preservation responsibilities. The commission shall provide
public information education training and technical assistance relating to the National
State and County historic preservation programs.
(b) The commission shall initiate, accept, review and recommend to the State historic
preservation officer, historic proverties nominations for inclusion on the Hawaii and
National registers.
(c) The commission shall maintain a system for the survey, inventory and nomination of
historic proverties and archaeological sites within the County, as well as a system of site
monitoring, that is compatible with that of the State historic vreservation office.
(d) The commission shall administer the certified local government program of federal
assistance for historic vreservation within the County.
fie) The commission shall provide design review for protects affecting any building or
structure site or district eligible for listing on the National or Hawaii register of historic
places and shall request and consider the State historic preservation officer's review and
comment on all County undertakin s, including the granting of permits. In its review, the
commission shall consider the cultural significance of the site and its surroundin sg along
with the secretary of the United States Department of the Interior's standards for
rehabilitation, as amended.
(f1 The commission shall use the State Historic Preservation Plan to develop and implement a
comprehensive County-wide historic preservation planning process, which includes the
submitting of information pertaining to the State inventory of historic places to the State
historic preservation officer.
(g) The commission shall make recommendations to the Council for the exyenditure of gifts
and grants accented by the Council for nroiects connected with the identification,
rehabilitation, restoration and reconstruction of historic properties, the historic preservation
planning~rocess and the yromotion of exhibits and other information activities in
connection therewith.
(h) The commission shall adopt rules and regulations of procedure and conduct, pursuant to
chapter 91, Hawaii Revised Statutes.
(i) The commission shall review and comment on archaeological reports submitted as part of
develoyment vroposals to various County agencies.
(i) The commission may undertake any other action or activity necessary or appropriate
towards the implementation of its powers or duties or towards imylantation of the purpose
of this article. More specifically these may include, but not be limited to, the following:
(1) Recommend new ordinances establishing special treatment districts and
archaeological districts;
Review and recommend amendments to current policies and laws on the enforcement
of existing codes relating to historic sites;
(3) Continually reevaluate building code requirements and enact amendments that are
more symyathetic to preservation or provide exemptions for historic properties;
Encourage the County, State, and Federal governments, and the private sector, to
implement appropriate management strategies, curatorships and meaningful
interpretive krograms at significant historical and archaeological structures, sites, and
districts; and
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(5) Assist in programs of historic preservation including presentations, films, exhibits,
conferences publications and other educational means which increase public
awareness and participation in preserving the past.
Section .Nominations to the Hawaii or national register of historic places.
(a) Any person or organization including the commission may submit nominations to the
Hawaii or National register by submitting a completed nomination form to the State
historic preservation officer.
(b) The commission shall hold a public hearing after receiving notification from the State
historic preservation officer of nominated historic properties with the County. At least ten
days prior to the hearing, notice of the date, time, place and purpose of such hearing shall
be published in a newspaper of general circulation in the Countv. Oral or written testimony
concerning the significance of the proposed nomination shall be taken at the public hearing
from any person.
(c) The commission shall forward its report to the mayor within forty-five days after receiving
notice from the State historic preservation officer. The report shall include findings on
whether the property meets the criteria for nomination and a recommendation that the State
historic preservation officer either nominate or reiect the proposed nomination.
(d) The mayor shall have fifreen days after receiving the report of the commission to send this
report and a recommendation to the State historic preservation officer. The mayor's
recommendation may, but need not, concur with the recommendation contained in the
commission's report.
(e) A determination by the commission and mayor that the application for nomination does not
meet nomination criteria is not a final administrative decision. Appeals must be filed with
the State historic preservation officer in writing, within thirty days after the nomination has
been denied.
Section .Guidelines.
The following documents on file in the planning department shall be used as a uig de in
matters pertaining to the review functions of the commission:
(Il "Hawai`i County General Plan" and any adopted community development plans for
the island.
(2) "State historic preservation plan" prepared by the State of Hawaii department of land
and natural resources.
(3) "Historic Preservation Program Guidelines" prepared by the National Park Service.
(4) "Office of Hawaiian Affairs Guidelines for the Consideration of Traditional Native
Hawaiian Values in Historic Preservation Review," dated 1988.
Other reports, plans, studies, issue papers and memos as may be adopted by the
commission.
Section .Administration.
The director shall appoint a professional from the disciplines of archaeology. architecture,
architectural history, Hawaiian culture, history or historic preservation, to serve as the liaison
with the State historic preservation office pertaining to matters which deal with the purpose and
intent of this article. Said liaison may be an employee of the planning department or a member
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of the commission. The director shall urovide technical, clerical, administrative functions, and
any other duties delegated by the commission."
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. 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 4. This ordinance shall take effect July 1, 2008.
INTRODUCED B
COUNCIL MEM ,COUNTY OF HA AI`I
Hilo , Hawai `i
Date of Introduction: October 3, 2007
Date of 1st Reading: October 3, 2007
Date of 2nd Reading: November 7 , 2007
Effective Date: July 1, 2008
RfFE4c^lC~: Comm. 666.17
5
_ _ ~ .
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
(Draft 2)
Introduced By: K. Angel Pilago ROLL CALL VOTE
Date[ntroduced: October 3, 2007 AYES NOES ABS EX
First Reading: October 3, 2007 Ford X
Published: N/A Higa X p
Hoffmann X CO n
REMARKS: Ikeda X
October 17, 2007 - Postponed Jacobson X
Naeole X
Pilago X i:jj
Yagong X ~ "
Yoshimo[o X
B 0 1 0
Second Reading: November 7, 2007
To Mayor: November 16, 2007 ROLL CALL VOTE
Returned: December 3, 2007 AYES NOES ABS EX
Effective: July 1, 2008 Ford X
Published: December 8, 2007
Higa X
Hoffmann X
REMARKS:
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
7 1 1 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO AND LEG ITY:
COUNCI
DEP TY CORPORATIO OUNSEL
CO TY OF HAWAII
NOV 2 0 2(pT COUNTY CLERK
Date
176 (Draft 2)
Bill No.:
Reference: C-666.17/PC-48
Approved"Drsapprovedthis ~ day
y~ d~2tiv l~ c„~ Ord No.: o~ 1.~( 0
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YOR, CD OF HAWAI `I