HomeMy WebLinkAboutBIL 244 Draft 01 2006-2008 or p
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 2aa
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 07-170 ESTABLISHING A NEW
ARTICLE RELATING TO A HAWAII COUNTY CULTURAL RESOURCES
COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Ordinance 07-170 is amended by amending SECTION 1 of the ordinance to
read as follows:
"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 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
^F•^'~~^'~ ^ °°a] accomplish this
outcome.
It is, therefore, 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) Encouraging 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 and plans.
Section Definitions.
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.
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"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,
areas or objects, significant to the history, azchitecture, archaeology or
culture of the County, State or Nation.
"Historic properties" means any prehistoric or historic district, site,
building, structure, area or obiect significant in the history, azchitecture,
azchaeoloev, or culture of the County, State and Nation, which is over
50 yeazs old, includine those listed on the Hawaii or national registers.
"Mayor" means the mayor of the County.
"Professional" means a person with those qualifications
enumerated in the code of federal regulations 36CFR61, appendix A.
"State" means the State of Hawaii.
Section Commission established.
(a) 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
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representation from some or all of the following professionals and
persons with special interest in [
architecture, 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, architects, and the state Office of Hawaiian
affairs, for consideration in making commission appointments.
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Commission members should have a demonstrated interest,
competence and/or knowledge in historic preservation.
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commission shall [alse] include members from different areas of
the County, who possess a knowledge and interest in local area
history.
(Fd)1(cl Commission members shall serve staeeered five-year terms.
Upon the initial appointment of the commission, one member shall
be appointed to a term of one veaz, two for a term of two years,
two for a term of three years, two for a term of four veazs, and two
for a term of five years. Members initially appointed for a term of
one or two veazs shall be eligible to succeed themselves for an
additional full term.
(d) A member may be removed upon recommendation by the mayor
and the approval of the council.
(el No member whose term has expired shall continue to serve on the
commission, except that if no successor has been appointed and
confirmed, the member shall continue to serve for ninety days or
until a successor is appointed and confirmed, whichever comes
first.
(f) Any vacancy occurring in the commission shall be filled for the
unexpired term.
(Q) Members shall receive no compensation but shall be reimbursed
for necessary expenses incurred in the performance of their duties.
Necessary expenses may be paid in advance as per diem
allowance.
(hl The affirmative vote of a majority of those present shall be
sufficient to make any action valid.
Section Officers and expenses.
(a) The commission shall annually elect from its membership a
[chair] chairperson and vice [c-kaix~] chairperson [°°~s
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(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 .Meetings and voting.
(a) [T>,e ..l.nn t,,.ta ...oo,:..,.,, t..nn.........l.l..] All
meetings shall be open to the public, except as may be provided by
law; and any person or a representative thereof shall be entitled to
appear and be heard on any matter before the commission.
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(b) Special meetings may be called by the chairman, director, or by
any three members of the commission.
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 properties
nominations for inclusion on the Hawaii and National registers.
(c) The commission shall maintain a system for the survey, inventory
and nomination of historic properties and archaeological sites
within the County, as well as a system of site monitoring, that is
compatible with that of the State historic preservation office.
(d) The commission shall administer the certified local government
program of federal assistance for historic preservation within the
County.
(e) The commission shall provide design review for projects 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 undertakings, including the granting of
permits. In its review, the commission shall consider the cultural
significance of the site and its surroundings along with the
secretary of the United States Department of the Interior's
standards for rehabilitation, as amended.
(f) 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 expenditure of gifrs and grants accepted by the Council for
projects connected with the identification, rehabilitation,
restoration and reconstruction of historic properties, the historic
preservation planning process, and the promotion 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 may review and comment on archaeological
reports submitted as part of development proposals to various
County agencies.
(j) The commission may undertake any other action or activity
necessary or appropriate towards the implementation of its powers
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or duties or towards implantation 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;
(2) 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 sympathetic to preservation or
provide exemptions for historic properties;
(4) Encourage the County, State, and Federal governments, and
the private sector, to implement appropriate management
strategies, curatorships and meaningful interpretive programs
at significant historical and archaeological structures, sites,
and districts; and
(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] within 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 County. 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 reject the
proposed nomination.
(d) The mayor shall have fifteen 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.
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(e) A determinafion 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 afrer the
nomination has been denied.
Section Guidelines.
The following documents on file in the planning department shall
be used as [a-g~ti~le] Quidance in matters pertaining to the review
functions of the commission:
(1) "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.
(5) 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
planning, 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. [$aid] The liaison may be an
employee of the planning department or a member of the commission.
The director shall provide technical, clerical, administrative functions,
and any other duties delegated by the commission."
SECTION 2. Ordinance 07-170 is amended by amending SECTION 4 of the ordinance
to read as follows:
"SECTION 4. This ordinance shall take effect [r~~',~-'-.mow] January
2009."
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.
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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 its approval.
INTRODUCED B/Y:,~/ ~
. V'G~~N cc~
COUNCI EMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
R€FLRENCE: Comm. 7 0 t '3
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