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COM 1141.000 2006-2008
~vwN BOB JACOBSON 333 Kilauea Avenue, Second Floor Councilmember Ben Franklin Building, Hilo, Hawaii 96720 Chair, Environmental Management Committee Mailing Address: 25 Aupuni Street, Suite 200 '•w~ Phone: (808) 961-8263 Vice-Chair, Finance Committee °f Fax: (808) 961-8912 E-Mail: jjacooco.hawaii.hi.us HAWAII COUNTY COUNCIL c~ County ofHawai'i MEMORANDUM Date: April 3, 2008 u To: Pete Hoffmann, Chair and Members of the Hawaii County Council From: Bob Jacobson, Council Member District 6 Re: Referral to Public Works and Intergovernmental Relations Committee I am requesting that the enclosed petition be placed on the agenda for the next Public Works and Intergovernmental Relations Committee Meeting. Thank you for your consideration in this matter. BJ/bl Encl. Comm. No. Ref. To: Ref. Date__ApkA _20 District 6 Upper Puna, Ka`tl, and South Kona Hawaii County Is An Equal Opportunity Provider And Employer S a 1 a fi a6 as A vm f vr-w,.OLh ov\ fvy Vic, co, it - AW /dCi~M I ?V~ " C O -P IP~1 cfenani Wo, 10 ZS _ _ Ref. To, Ref, Dcte FE~aR .M In reference to: Grading and Grubbing Revision 29 Jan 2008 Members of the County Council, Our unique native forest is diminishing with the passing years as it is cleared for homes and business sites. We have no laws in place to protect native forest on these private lands. If both development and lack of protection continue in the current trend, in the worst outcome, native forest could disappear fully from these lands. On the other hand, we could decide to do something to ensure a different outcome. We could prohibit unnecessary removal of native forest on lots of all sizes. Then, even if the trend of development continues, a little of the forest will still remain. In this scenario we mitigate and control the worst outcome: how much of the forest remains depends on how much people are restricted from removing. Once cleared, that forest is gone. Left to grow back, the hardier weeds and invasive plants will grow instead. The sooner we enact protections, the more forest we will be left with. The revision of the Grading and Grubbing ordinance is imminent. If we add some forest protection to the revision, we will be starting right away on ensuring remaining forest. Are people willing to further limit their rights as property owners and accept restrictions on native forest removal? In the enclosed petition (enclosure 1), the people are asking you to place the restrictions. Circulated by just a few people who have reached out to friends, community members, and absolute strangers, this petition asks that something be done within the upcoming revision of Grading and Grubbing to minimize further damage to our forest. Whenever anyone asked how this could be accomplished, they were shown a simple solution (enclosure 2) of leaving a forested buffer around the property, to attach to the next property, and thereby to preserve a forested grid. This forested buffer solution was proposed by the Natural Resources Working Group (NRWG) as one method of preserving forest, to be supplemented eventually by an umbrella Forest Protection Ordinance (enclosure 3). The NRWG submissions, originating from ideas in small community group meetings, were, in turn, condensed and incorporated into the draft Puna Community Development Plan (pertinent excerpts in enclosure 4). The NRWG members have been contacting the Department of Public Works during this past December and January, and requesting to meet with the group revising the Grading and Grubbing ordinance to discuss incorporating forest protection prior to the revision's release. No meeting has yet been granted. We, the people of the Big Island, are asking you, our elected leaders, to help us to preserve our forest, and to start now. Submitted by Jillian Marohnic (PO Box 611 Volcano 96785) ~r r Fu Grading and Grubbing Revision: A Request from the People of the Big Island Enclosure 1 Petition Two small lots dozed over lot lines (Currently no permit required for this type of clearing) Nov/Dec 2007 JVE tbie JkOpIt of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone Coot f{-~ F&`~ °1~ 9" 3e& A Q/ J k6f,4.va lmca v 8 o5 - Gif orb R?/f~ _,d&, y-q,_2 c , LA- c~ w Coq, 9 83 -914 Z Va CAL C to ~l~l O a4clCT ~cRr~ k}g2Dr R ~ 6 5^-9~ 7 Mhl o ~gS I fb L 6rof-C 6-7- 3 a~ al O ~b~C a?` 72~2 Visit http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County council, re: Grading 6 Grubbing Revision, 25 Aupuni Street, suite 209, Hilo, Hawaii 96720 1 of 2.3 Nov/Dec 2,007 JVC tbC JCOplt of the Big Island of Hawaii request that the revised Grading and Grubbing ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone Ewiv "N"elt 'Aft'4 A4,-e, &4' L?~~ fit e l SG. A, Zj-%nos- 3 `733 ® yro0 v,e C krw L) 203)1? i3-OV a/ w env-t Da/ ('e < 9 a l/ f T - 3 8y8~1 /a~ v?~~ k ~i 05i"A LAd d; 75G SZ 1101 A /UVAb 7 PRUt, - #60-e-~ ~Pu MAr- 9 ka'~- ~M 1 +k Ku0-0)4d Pu L.. 65 = 5~l OP/MY Ac 4a -733 Qw - 6 ' 0 Za~ a SI~~ c~ 1VAYO ovCk ~a ~3~S-S~2~ M,A^rZCI-w Orig. W«dra Ym~r ~ ~'Xo'561~~a Visit http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading & Grubbing Revision, 25 Aupuni street, Suite 209, Hilo, Hawaii 96720 2 of 23 Nov/Dec 2007 WE t0E J)EOPIC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone C• ~J~et~e-fi~en 2f v c'j"o q~-~-aog' Crn;l }}ef5 VOLCyNO GooD~`GF ~,fno 'qty ~tBS 74~y f 1 t5 CXd © -2-91 KC(f Vo (AU 10'L5 i a -~Jo voe~ o aDL .Ire q95--73y/ -ockU/t/ < and Vo 1Z- le /_0 q97341 Al (:Ae5"V1t4 1<216 L Lo - Koko s~ s(tu,nn"', VCZIGryG ~--.'\L& v -VC) lC'Lh7) R6~-7 la Phan ~3a v r s-~636 os c O `g63 Vz2 Visit http://www.vo l ovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii county council, re: Grading 6 Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 5 of 23 Nov/Dec 2007 We the People of the Big Island of Hawaii request that the revised Grading and Grubbing ordinance address our desire to minimize further damage to the native foresi and its remnants.- Name (Print) Signature Home Location Phone I%-2E7 ' p~K~fiSS•ELf-FlA'tiP I V~ '`f°"~~uv~tw - Dint ~2.~-~0$~ 1~-+ 1 I ~ ~ 1p Sr L--rt C-0. WeS$e. y~ V` ®C,0. W25SZ[ a+~ bhau H0.v l ~ov~ ~O~U Kmc, e 1 Q210 L V /Com© V r (via ~r ~,Lo w t VO C q 6-7 73S G,7 J o(,, C 4,,. 0 q.,~~'. 1~~wt~ et€wie U'oLe{~n~o ~ I ~ gG~-~3ag9 ~6 S, fi ~r Ju ti~ 0 72 o 7 vv -r 05 at ~~E l o. Box 8s V uD -S y Visit htt :lfHVrw.vo3canovi11a tiKi to view u& Resources q of 23 Nov/Dec 2001 VC tOC PCOPIC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone M.~ . gE~EZ50 ~ V~ Sid GO ~ ~ S6v? 'ZA ~~ra-~ F~7 ~7 ~ S L p r+, ar5 Mar m1ho Prole cya~ -e, -e Ic'164 0 - , I (a A/3 q~7 7/~ agar lgermd 2 0141, a Cq fi,z M ~ ~ gs-gsa r IJ` i i GL vLCA cia 90S'-8S2 7 Visit http://www.voicanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading 6 Grubbing Revision, 25 Aupuni street, suite 209, silo, Hawaii 96720 Sof 23 - Nov/Dec 2007 , 30C tbt VCOPtt of the Big Island of Hawaii request that the revised Grading and Grubbing ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone ` Wr ~ -MV- 1-Z-qp~~41C O'V - ~ A4 17-qiN nl,~AA q~ le -73(aI r ii -3~7~ s ~5 y g -Tvfal b lb t~ VQ, p f t 11-7, ~iYf, 54. '7107- SL `1 `t ~j'2~ 1nVLcaM,e 93U 4(osll vCC 1 96 sr 3 3 o fz(?TIjYct~ `~o~~-G~3 BZt~ 3 fS 7J -Y1 o i .3 zx r3Id' L ZK-N. if o~rr~~ ~ v 3 5CAJ a1'el h y 1 r Visit htt2://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading 6 Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 (0 of 23 Nov/Dec 2007 VC tbC PCOPIC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print/) I Signature Home Location Phone ,8t 1 ! ~t/1 ~-/V( aGi ~ ~?~GG~-- ~ ~O?e~ ~i~~1 n i i ~h g~S =p~f ~ l T ~ ` e~o6,.,. .y.rA v.<lNO e ifs F9s1 AiA s~- ~oc c.,At o 9'6 _71rl i h l (o~ VoI44vp r `L-7Zc [2- 1- o r r o-~ n Pi L t SO l(c.~o~ Kt da~ &S J ` C~ db' 7 ~3 3 A. ,0oabA Lkw iS / Y0/fNtO~~Ook ff5-'8763 t-ilA e ( U/Ca~ a Vo/ca.%0 `SS--Q~ZZ ckc3 Ua lab -753 Gori c Yan Gr- 0 7S - y99~ -re--F Re ,rtk Vol Aop U77-742-6 Mar lei(( Flo ~o 2A i y~ce f~d e t'l 90c $Y6 0785 IVi r lu Ib 5'(-51M Visit http://www.volcanc illage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading & Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 7 0 f 23 Nov/Dec 2007 VC tbC VEOPCE of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone ~0J6 W14ITMo(2E t 'a U ~9~ p o2-&,j, 14, 9~s/isy~ PJ~ JEAHW16 ~x~w~ Il~s,noKO LJ -vsbC Marisa show w (p ~°IS- I~1~S v ROCS- SoZ ~s t0 ut~~ow 9102 020S KCAA CAI-( 6 ~A,AJ I~RC~wA- aLoz-oZW ~Sr~1,l~'lu~?e~ a ~ 1/alGa~o ~t'£>5-gam of 0 L) ~C Q - 85~ IQ(~ dGG~~?U 8 V 19 N~ jAAt ;~b + oAa Lo i q TU Aj C eerct ~J, e sc,~ wC,S a, ~ ; jCou Y -2j[o Visit http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading & Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 S of 23 Nov/Dec 2007 30C tbC VCDPIC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone J~llia?~Moiro~?~~~c GW~nc. ~/al~.an a 9~'s~-SgS9 ~~-ao '.a 5 -g J1 Ad 4~kcfx 0 9 S2,5-3- 7 5/0. JcyW 1 -4,K 05WAgsw'LN Vo (C-CJLK'a 98 -q 54 rg, IL wOLCk Voce 7-Q~~ ~ Lr~a4 5 44 avrt va1& 4 qn--5i1/2 Goo<< t rvc.r¢., 867-756 1. ~ ~a, Qc..ew.~ 85-~1 ~ Ka 4.6vVLWoc a abs -ig6 v ~n y scl~l~ a ~ ~c~Hd 9fsS- ~G ~d" ~Rr~ ~s~~uav,p N • ~1~uc~-~ ~6~ e R o y6T-7~dd - ~4R~ eR5 Vo; CAIVO Visit http://www.volcanovi a e.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading a Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 7 6 f 2 3 Nov/Dec 2007 VC tbC 3PCOPtC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone '~OkrN B(oi-1rl(Zo C' f'c 60Vrs e 9 9S ~_S7-yZ A/C Ile 6; P JP(tr I V;&,,) 6~F r ea.. eS Cj?Cr I HOove-r 90Uw~ volcgno U II GO A~~ ~oJeQi ~~CaMoV~1~ 61bs C(~1) 6 A 96 AIX rnri .LOR VQ/ 98 -70/ ersfe 0 ~ r 6 CV LW Vo/crrr 9'67-?b ( UD /c.O 9gs- 97as ne, Lem, guna= I olcan `l -I(co ~e Owllo~ ?G7S~Z1 7 h Pri tie l r7- l ~~~513 'Adoed**77 /~'rn ' ~~Es~ gS-~ 3 Ae, 96-7 521 J R I VOlCA." 4b'6,15f3 Sand-~ nc~ lea ) ea-,n4 9 N6*" Visit http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading 6 Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 10 Of 23 Nov/Dec 2007 C tbt PCOPIC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone r--L-:~; a h 1 l` 9 33-z~s z rJ~ '1K, 570.E r aryl~ ` 6 y 98'69/00 (G, (w ~ ~cS F~ rv P IY I~-A<<-a~Rw R~3'G .~ra~i /yJea~ ~~%~Z~h ~rr`~o 935-3 K7~ I fA, Z&W5 ! h m r4 ~ O Q 96 ~Uaa MIChAe l 17on Fe.td a 00 933 o v Ae c Y-e-A 3/- AAW ~2? BtA/ n/ VdCA"o tLAI 6s-6 ?3 Mel L +5 VA- (C~ i~l0 q3s =3~ Visit - < < q6 33 roh ~~r~r?-a 9g7-~23q http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading s Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 if of 23 Nov/Dec 2007 VC tbC PCOPlt of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone vn ~3~32~ D brat Se,,rao SS- s - L . ~G qg- ?-q 7 2 o 1/Bl e-opoYVO W-7 77/d f"ati2 0vw 0~CalVIL 0 6195--WO ;vim Tr~vAQ~sS Vo~~ - a-- ~t85-°t070 ~c r - d vit'lyp 4a ,v G? bye c~ l~ YC) (CeL", ~ r --7 -77/ 1 Doti -T-J LloI c-ct,~ s ,,.1 ll~~ Cpl 295 Visit http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading 6 Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 (Z of 2 5 Nov/Dec 2007 VC tbC 3PCDPCC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Sign ture Home Location Phone -PC;'R0t6 'FKEV~ q sl Jri~ SaCad'~v~ ~CJrtirtowv~ X737-.r~f't~ lot- q$a ~vsT lime 4a 5 ~ 7i7 VBCCa4vo RU-r-7 167 ~ u~~~1Jo~ ~~-ogy Ltd K4 ~hCtl a ~c0p,~' ~uw.~ ~las`~/za `j67_7S 3 4 4 Q U MA "ras- lib/e-An4, 041a S IFIAT 6s = Mdlu Visit htt ://www.volca ovilla e. net/4?etition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading 6 Grubbing Revision, 25 aupuni street, suite 209, Hilo, Hawaii 96720 13 of 29 "'17 Nov/Dec 2007 . VC tbC PCOPIC of the Big Island of` Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone 2 ~l! ~t ~l1 aC178 Q30- 4SGG N r-96~-7 rr ~~3yyK - 614 G R f. ?1s..'N. S' e- GCY ~ n eb 13-5H59 tl-`~uH to g~3Z Rim ese')9gla, 444, << ~i /3.3rf ~l ucv SH /n2tuSC 6e_0 ail rx"-A'%AlQ l o Fallow Fi/ gba~8 ~s-343& Hc+V. %3 S °&&(Q~ Z C• C - ~ -AD ~r4 IS-SIM1 8 ?A~rP-A. Sr - CA!fg G (4r ; ( ES'-~KA r o. (Ptf 6-? 13"34-r5 _ - , Lam ~~+~V~rl l-Fa p vu 6trec}- - ~0`1 76.5 --W~- I,, - 677 WL- l 3 - 31(x, L....w SF- [n 1. G'?tRR~T`i' Youn~,i - ~J~ 0 If( Visit http://www.volcanovi~~age.net/petition to view Natural Resources working Group recommendations and to download blank pages of this peti&.on. Send completed pages to Hawaii County Council, re: Grading & Grubbing Revisi ~`,25 Aupuni Street, Suite 209, Hi7P-,-'Hawaii 96720 a Nov/Dec 2007 ~E tbC PBDPIC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone as ~ ~c ~_e._ ~~c do 9~s- 3~ 5.Z H(A -rsT Al, S w s N/, Yee 96 f/1 j IbYevivity' oe, to ~~L ,n 5-11?.~~ E o G~MO L tillr~l 1gL l b rr s v v L2acv Xi G6 fl 3 W 01 QAV 7~1 ,t,/ o 9 c D n ~ovvGr ? ~c ~v~ o 9:- OC ~Grc& P) COMMO(Z (M(A- 2f G/ ,P Visit http://www.volcCnov)13,a e.net/petition to view Natural Resources Working Group recomm en a ions and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading S Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 /.S Lf 23 Nov/Dec 2007 NC tbC 3PCOPtC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone Diane n( jWvv Vcicaro %)~-Sao U<6\ 4'kwtx d vOLCA/vw 985-`iglS- ~:c1,~ Ua Cc0" 18S-~t~3 s~0U~ c~ t/Y , Z_ ~ tbniicr K. CA w~. V~ ~L4r~0 ~1$S - ~I~{3 Tregsa c. of v C". ass qs~ I ~a At~ ~~i2Ab r1~4 h1 Yalea~o 967-737a V rA - /3lo~a~4 yo lea, 00, 9r,5--,*4P4L9 I NvmH GA i Gam- GL FA) W0010 -G2gG I -DG I 1A 'S'4 1A 14;~"2" 1 (94-9 - ?M7 Cher I (7i~~E?' GLenwoed jdf -73/Z 0 J e&, Al' Visit hfttp://Www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading & Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 /lo Of 2 3 Nov/Dec 2007 VC tbP VCOPtC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone t4-dg;ymn •NOLL %J. kaL6Y 9L~•-~"LC tI'3054 ~µ0.~ A. VRWEAMa OI)AC+ l Vol o ~a W-/8/sue au' s o av~ S~l,(,'t~ln /v~N! D 4, rS"'~- • 8010 f, leaf) rr?n HCa. Pox boa f~eaa.u 947 cV,. a2-~573 d n 0 i h o V~~? 443 lzi( 4d -pia f~ r Ota' - 3 1- 00( a X63- 6~6f~ it-3d '4 LaLe 6 6-6 CR4 ?2!I-E~- ?oL6AAJ0 CICT FP2;- 6Ye,,j6Y1" s;,~,~^ x~.-ten, 41 k2--63a IY~p.riAhr~~fnr~nrku Gv~~ ~N~-O-v~ 3~{S-l1 k~vrh o Z V( r~4 aOUA~ I hlbkdj~ / Ft-rK FifC-S g 30 102- VZ Visit http://www.voicanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading 6 Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 17 of 23 1 1 Nov/Dec 2007 We the People of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) r Signatur Home Location Phone 'P8 bomh ~A& hl 0 y l ~Jd ( OW, Cttu:r- IQ Guru hK1 ~a /G ~a w ~lr, 5 -1053 Vol oew D 5D8 4U 8X41 ,o ~G7 eir. 8v% 95x77576 K,2istc o C- ~u r f gos -~EA -Iqcy ~F1 v 12 try 3 C/lar/een /5 er g'6~~~3D~ wCt~~UR PC-PC cC~~U c a r, tit COPU'E yANGqr~- VOL-CANO jk =7532 Ku'ulei KiI'eoa '&v twna., Vo early q85-~5S Xk a~,c~ -r I~JJoltano Lf83Z77 E f kC, O. -~0IIf ~ Otit~ `Q Qjt Q9 g 8q i5270 d visit htCp://www.volcanovillage.net/petition to view Natural Resources > Working Group recommendations and to download blank pages of this petition, 0 Send completed Pages to Hawaii County Council, re: Grading & Grubbing Revision# 25 Aupuni Street, Mte 209, Hilo, Hawaii 96720 j$ of 23 , Nov/Dec 2007 P tIJP PPO'IIIP of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) f Signature Home Location Phone ~C a F° ^ P-, 9$?- -0 T+3 :.a AA arnsp J I~~.o 67437 r LGV- ( l' ,r/ \/0 (C t) 0 - 023 X e7t7 27ne sr~ roe a ZJC ~&&M( AAA& -tP-H owe `~©v n~G o~ 67- .2 F -io D~Ch~( ~ ~ Ca ~w 333-197 13o 333 - 14Z -t r 8c~.~c~,rms eco ~cwY: , ?c~t a~w 98S'StC d 0 c7 .4 7;E;I'A IM o Visit htt2://www.volcanovi.llage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading s Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 19 of 2 5 i Nov/Dec 2007 We the People of the Big Island of;, f Iawaii request that the revised Grading and GrT4bbing ordinance address our desire to minimize forther damage to the native forest and its remnants. Name Print Signature Home Location Phone ?aul ahko 2µo 967-7(,1C7 lip Ss -`1a'f 3~d 5r. crane &4-+Let I cc.3ano i ! 3 - f9-y Woo //W h/l e (e of a 9 S - 2. j1 I tY-'119~ hEa.~.t ~ j~ la-u167 111./1 V,GV I J IZI~/GIL - t Vol a 1~ ( 8S vE -t~sS G Vot~.r A*j N= 16 I 3S-- ! cqs 5 -1755 LP nls a ulca~o +N 96785; q8S 721 it-39io0 se Y,',C-Jf ff N rye tB 585 --3'7 Z f L-(~'/Iy1 G' G/~lh,l~e~i f>Li 9(E 7 q( roa 1~ 1SC N 9~'S- ZZ ,/~,ne~ c 8, 4 4K -t G7 7-76 YYlttka X33- J61 e,~ rti 11- rU3~ a/u/Gtudl- i k 8e-ra tis I(gtiebaab!sf s96_q 6y I visit ilurp:iiwww.valcanovillage.netlpetition to view NO, Resources 20 of 23 Nov/Dec 2007 We the People of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone Sy- 4ql Mo.asv _ - ~ ~d~ ~ A~ a >w D n w a~n~w Rd - 3a p3, o x/ Y piOrtS (-IVrn S~~ Sil/ona.,,e Pf. e't41-611aa v3n - Mona.,e PLp 533 R-ace 10 'V lz-H265 b . ~s3 T~~?L 6YY 96s-~ sss ~s-quo Q P 9~f-~Of7 rS-- f5s 2-c S ~6G - 8~-yc`i _ a~~zo 1?~IJocF- 1,7- q r 3i Guru elf A~JC-~/art/ F- RAr Vo 98~ y mss,. ~4 ft4 Y~C C-,;Ibr;A~e- 3h.~y bW Visit W au .aar e'~.i. to view Natural Resources working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading & Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 Z1 Of Z5 Nov/Dec 2007 JVC tbC PCOt1IC of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address our desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone V/ 1(0e'v `C'7-Z3t0l ~e Tww-D ks'u 985--86RI e,V oo~Ri~ qgS y8' 7311 ' P~,~.r Okc. F~,F~.•s~ 6~Co-~ 16 F-e" 40 c , Vim- N ~i6 . ~3`FS C s L-4(s4r.-.l t rot,ss r (*7 8593 u4rlan+ P'::kC b' VJGL yn2u ~1-~~C(ra k c 7-5"/4-A) tti LkYc 991 R- am AA All nn o cvcmel. lki' VD(uwtA f f-X 7orl m ? 9gs- 700 Visit http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading s Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 12. of 23 Nov/Dec 2007 3Ve tbP PCOPte of the Big Island of Hawaii request that the revised Grading and Grubbing Ordinance address. our-desire to minimize further damage to the native forest and its remnants. Name (Print) Signature Home Location Phone /?/l a,T~ =l,~s~~ ~9.rFO~s t~'J o ~vmQ~ o (1$J 1 24°~p k 11 as QI.~ S3-yzi`/AkoK Yw~c SzZ6 ~vQ ~ lJo S t/ _ ~ Q G 3 &'Aroz ra-z3q Rid c qg5-qo~b / - S-Y 9y s- 5 ss ii I I - ~&C) IM 3S%•~d el c J/t, 11-3f F VIL0441 1q, 3 fil aA A&,4, L ~1 D ~t #JALUl ~G 7- 7 4°~a r i k"'Aev~_ faem 99- /pry G.-~ 7.)-7 Visit http://www.volcanovillage.net/petition to view Natural Resources Working Group recommendations and to download blank pages of this petition. Send completed pages to Hawaii County Council, re: Grading s Grubbing Revision, 25 Aupuni Street, Suite 209, Hilo, Hawaii 96720 130( 23 Enclosure 2 Erosion and Sedimentation Control Revision r y k j i by Fern Forest 3 acres cleared pin-to-pin Revised Draft 13 Feb 2007 Erosion and Sedimentation Control and Native Forest Preservation Background Currently overlooked in the Hawaii County grading and grubbing guidelines is the effect of large- and small-scale clearing on the integrity of the island's native rainforest. Clearing impacts not only the area cleared, but also the native plants and wildlife on surrounding properties by further fragmenting the remaining rainforest, creating more "edge" habitat than before. Fragmentation and associated "edge- effects" increase predation rates on birds in affected forest by allowing easier access by predatory animals' 2 (cats, rats, mongoose...). Furthermore, fragmentation changes the microclimate of adjacent forest (temperature, sunlight, and moisture in the understory), altering growing regimes for plants and suitability of nesting sites3 a Openings in the forest help spread weeds like the aggressive kahili ginger and banana poka5, and creation of boggy areas devoid of vegetation increases breeding habitat for mosquitoes, a vector for avian malaria, further impacting birds in surrounding forest. The clearing of forest in one property cannot help but to impact the integrity and quality of the forest in the neighboring properties as well. Impetus For Change Development on the Big Island in recent years has accelerated, and we are seeing much clearing of native forest, often, it seems, with little regard. Some of the property owners are absentee and don't think or know to instruct their contractors to be observant of native vegetation. Others are speculators who will never live on the property and bulldoze in misguided anticipation of a buyer's wants. It can be human nature not to recognize the value of things dear to us until they are gone. Let's not allow this to happen with our diminishing rainforest. Gone should be the days when a lot is erroneously bulldozed, either in full or into the property lines, and the homed owner is told there is no recourse because nothing of value was removed. Because what happens in one property impacts its neighbors, and because, without guidelines, the better side of human nature does not always present itself, we propose to include the consideration of native forest preservation in "Erosion and Sedimentation Control" Chapter 10 of the Hawaii County Code. Summary and Spirit of Changes The motivation in this submission is simply to try to protect Hawaii's precious native forest and its inhabitants without undue infringement on property owners. Small measures imposed to protect the forest will curtail the wonton clearings that an owner may undertake. Larger fines for forest damage in one's own and in neighboring properties will encourage a more careful consideration of existing native stands and of property lines. Erosion and Sedimentation Control Changes, Page I Small Measures, Large Fines: Forest Buffer Zone If every lot were to preserve a buffer of native forest around its edges, then an entire developed subdivision could support a grid of canopy that would provide some continuity to the forest. Even though it is not ideal, a gridwork of native canopy is better than a total interrupt. Furthermore, introducing a property owner to the existence of native plants, albeit through regulation, may be all that is needed to awaken his appreciation of their beauty and value, and he may willingly preserve them. This "forest buffer zone" can be defined to coincide with the lot's building setback (with exception of a 15 ft wide driveway access). Regulations for enforcement of the Forest Buffer Zone would include the following: • There must be no clear-cutting of vegetation within the Forest Buffer Zone without a permit. • Application for permits to clear-cut within the zone must be accompanied by certification of the property road frontage pins and proof of property ownership. • Prior to inspection, the proposed clearing area must be flagged to ease the job of the inspector. This will also serve as guidelines for bulldozer operators. • Permits for clear-cutting within the zone will be issued if County-recognized inspection of the zone determines that the zone contains no native vegetation. • Permits will be issued by default if no buffer inspection is forthcoming within 30 days of application. • Minimum fine for buffer zone violation on own property is $2000. Fine increases with severity of damage. • Minimum fine for destruction of vegetation on neighboring property is $5000, at least $1000 of which will be given to neighbor suffering the damage, for use in reforestation with native plants. Fine increases with severity of damage. • Permits for clear-cutting must be posted on the property road frontage for all to see. Permits will state whether they were issued by default or because no native plants were identified. The Forest Buffer Zone is a minimum preservation measure, targeting smaller lots (under 2 acres). Larger lots, though subject to this regulation, would fall more within the purview of the proposed "Native Forest Protection Ordinance". To oversee the inspection of Forest Buffer Zone, the County might consider hiring a conservation biologist. The application fee for buffer zone cutting permits could be priced to cover the additional salary. Robinson, S. K., F. R. Thompson III, T. M. Donovan, D. R. Whitehead, and J. Faaborg. 1995. Regional forest fragmentation and the nesting success of migratory birds. Science 267:1987-1990. 2 Andr6n, H. and P. Angelstam. 1988. Elevated predation rates as an edge effect in habitat islands: experimental evidence. Ecology 69: 544547. ' Hams, L. D. 1984. The fragmented forest. University of Chicago Press, Chicago. 206 pp. 4 Laurance, W. F., S. G. Laurance, L. V. Ferreira, J. M. Rankin de Merona, C. Gascon, and T. E. Lovejoy. 1997. Biomass collapse in Amazonian forest fragments. Science, 278:1117-1118. 5 Mooney, HA., and J.A. Drake (ads.). 1986. Ecology of biological invasions of North America and Hawaii. Springer-Vedag, New York. 321 pp. Erosion and Sedimentation Control Changes, Page 2 Enclosure 3 Native Forest Protection Ordinance Erosion 2 wrong lots dozed pin-to-pin, houses built and s,ubsequently disassembled and sedimentation issues . , Forest (Currently no grading and grubbing required) Natural Resources Working Group (NRWG) Puna Community Development Plan Recommendation for a Native Forest Protection Ordinance STATEMENT OF GOALS AND OBJECTIVES: On November 6, 2006, the NRWG met and adopted the following objectives: A. Minimize the removal of native vegetation. B. Prevent and control invasive species. C. Maintain and sustain open space and biodiversity. D. Identify important landscapes, native ecosystem areas and geological features. E. Define the International Biosphere Reserve buffer zone to prevent destructive development over natural resources. F. Promote sustainable economic, environmental and social development policies. G. Promote coastal and shoreline protection. At this meeting, the NRWG agreed that subgroups would work on developing a list of recommendations. The following recommendation was written to address Objective A, "Minimize the removal of native vegetation." STATEMENT OF PURPOSE AND INTENT: No current regulation of Hawai'i County has been effective in minimizing the removal of native vegetation from lands within the County's jurisdiction. Although Chapter 10 of the Hawai'i County Code contains guidelines on grading and grubbing, those regulations pertain to erosion and flood control, not to protecting native forest. The intent of this recommendation is to address that omission. As noted in the NRWG Grading & Grubbing recommendation, large and small scale clearing of the island's native forests impact more than the area cleared. Native plants and animals on surrounding properties are also affected as the rainforest is fragmented and edge habitat increases. Fragmentation with its associated edge-effects increases predation rates on birds in affected forest by allowing easier access by predatory animals. Furthermore, fragmentation changes the microclimate of adjacent forest (temperature, sunlight, and moisture in the understory), altering growing regimes for plants and suitability of nesting sites. The opening in the forest helps spread invasive species like kahili ginger and albizia. Areas devoid of vegetation collect standing water and increase breeding habitat for mosquitoes, a vector for avian malaria, further impacting birds in surrounding forest. The clearing of forest in one property cannot help but impact the integrity and quality of the forest in neighboring properties as well. Recommendation for Native Forest Protection Ordinance (218107) Page 1 of 6 Development on the Big Island in recent years has accelerated and been accompanied by much clearing of native forest, with little regard for the cumulative effect on the island's ecosystems. Some property owners are uninformed about the value of the native vegetation on their lots. Others are speculators who will never live on the property and bulldoze the land pin-to-pin as a matter of expediency. It can be human nature not to recognize the value of things until they are gone. Let's not allow this to happen with our diminishing rainforest. RECOMMENDATION: Adopt a Native Forest Protection Ordinance for private and public lands within the jurisdiction of Hawaii County. The purpose of the ordinance is to mitigate the impact of future development on native forest through enforceable regulations and improved public awareness. The creation of a staff position of County Arborist will be required to administer the ordinance. Applications for commercial, agricultural, or residential development which necessitate disturbing the land will require a plot plan, certification that boundary markers have been surveyed, and an application for a land disturbance permit (aka grading/grubbing permit). Exceptions that do not require a plot plan, certified markers, or a land disturbance permit will be listed in the ordinance. Other than these exceptions, no land may be bulldozed or excavated without an approved land disturbance permit. An on- site county inspection will be required before applications are approved. After approval, the land disturbance permit must be posted on the property within public view. Upon enactment, no waiver of the ordinance's requirements will be granted without submission to a public hearing process. Procedures for the hearing process, to be stipulated in the ordinance, will include notification to communities who may be affected by the proposed development, or to the public at large. The public will be granted an opportunity to participate and to receive feedback on their concerns. To offset the removal of native forest which the County determines unfeasible to preserve, the ordinance will include a provision to establish a "Native Forest Bank° to which developers will contribute. The Native Forest Bank will be used to purchase native forest to be held in reserve, or to restore and preserve deforested land. Enforcement Developers will show on their plot plans: intended use of the land; what areas are to be graded or grubbed; and how the remaining forest, if any, will be protected from construction hazards during development. Applications for land disturbance permits will include certification of boundary markers to prevent errors in disturbing land that has not been approved for development. The County will provide a checklist to developers on Recommendation for Native Forest Protection Ordinance (218/07) Page 2 of 6 factors to be considered (e.g., flood protection, selection of building sites to minimize destruction of native forest; restrictions on clearing of land within building setbacks). Before approval of the land disturbance permit, the properly will be inspected by a County representative. The approved permit must be signed by the County Arborist and the landowner authorizing the work to be done. A copy of the permit and approved plot plan must then be posted on the property within public view. The permit and plot plan must show the area to be cleared and whether native forest will be removed. Any developer who disturbs land in violation of the ordinance will be subject to stiff fines proportionate to the amount of land disturbed. A moratorium will be placed on the issuance of any future County building permits to the developer until fines are collected and other reparations are made as stipulated by the County Arborist, who may require the developer to replant the damaged land or contribute a sum to the Native Forest Bank equal to the cost of purchasing or restoring other native forest land. Public Education Component Prior to implementation of the Native Forest Protection Ordinance, a concerted effort will be made by local and state government, working with community representatives, to promote the value of preserving native trees and vegetation throughout the county. State trust funds, organizations such as Kaulunani (http://www.kaulunani.orgAndex.htm) and non-profits like the Nature Conservancy may be contacted as potential funding and advisory sources. The Mayor's Arborist Advisory Committee and the Maui County Arborist are additional resources for assistance in promoting the ordinance. State and federal agencies such as USGS, UH and DLNR may also be approached for assistance in recommending buffer zones for forest preserves, and defining areas where native forest is abundant or requires special consideration for protection. Brochures and other reference materials for landowners will be created, suggesting voluntary methods builders can take to preserve native forest; for example, contracting timber harvesters to salvage trees that must be cut down, rather than discarding them as waste. Upon adoption, information about the ordinance will be posted in all county buildings. Brochures and posters will be provided to island nurseries, building supply and home improvement businesses. The County Arborist's duties will include advising county employees whose duties may be affected by the ordinance. The Arborist will hold regular workshops at county demonstration sites or community centers, and exhibit methods for preservation, maintenance and restoration of native forest. A primary objective of the County Arborist position will be to cultivate a positive environment throughout the county toward natural resource preservation. Recommendation for Native Forest Protection Ordinance (2/8107) Page 3 of 6 RELATIONSHIP TO PREVIOUS PLANS AND PUBLIC INVOLVEMENT: 2005 General Plan and Other Written Plans This recommendation supports the County of Hawai'i General Plan edict that coastal waters off Puna "remain in their natural pristine state as nearly as possible with an absolute minimum of pollution or alteration of water quality from any human-caused source or actions." By regulating the removal of native forest during future development, the Native Forest Protection Ordinance promotes water quality through improved erosion control. The General Plan also cites "unspoiled vistas and traditional sites of natural beauty" as "an important asset for eco-tourism." By placing value on native forest throughout the County, rather than restricting preservation to a few special places, the Native Forest Protection Ordinance fulfills the intent of the General Plan to retain the overall natural beauty of the land. A side-benefit of on-site inspection before the issuance of land disturbance permits may address another concern of the General Plan: identification of underground lava tubes. Discovery before development begins that an area is hazardous could serve to protect the County from liability for approving building and grading permits. The ordinance also supports the goal of the previous Puna Community Development Plan in 1995, which recommended that land use patterns be integrated to preserve the health of forests. Through oversight by the County Arborist of all lands within the jurisdiction of the County, the ordinance supports the overall health of its forest, regardless of zoning. Community-initiated plans, such as the Hawaiian Acres and Volcano master plans, are also served by the ordinance. The Hawaiian Acres Community Association plan urged its homeowners to take greater responsibility in reporting violations of grading permits. The posting of land disturbance permits informs communities when grading has been authorized and alerts them when violations are taking place. The "Volcano Vision 2020" is likewise supported in its objective to "protect and conserve natural resources and natural beauty from undue exploitation, encroachment, and damage." Another Volcano vision, "partnerships among community stakeholders," will be encouraged by the process of creating this ordinance through the combined efforts of government, non- profit, and volunteer citizens groups. CDP Public Input from 130 Small Groups This recommendation supports the following themes and objectives produced by the Small Group meetings. Recommendation for Native Forest Protection ordinance (2/8107) Page 4 of 6 Theme: Grading/Grubbing Ordinance (1) Objective: Produce a strategy to minimize clearcutting on new lots. (A) The Native Forest Protection Ordinance is a grading/ grubbing ordinance with teeth. It requires a plot plan, on-site inspection and land disturbance (aka grading and grubbing) permit before any development occurs on land within the jurisdiction of Hawai'i County. If the ordinance is violated, final approval of the building permit is denied until fines are collected and other reparations are made, holding accountable speculative investors who carelessly destroy native forest. The ordinance is a strategy that minimizes clearcutting on new lots through regulation and oversight by the County Arborist. Theme: Environmental/Sustainability Education (3) Objective: Create educational programs about the environment and sustainable living. (C) Implementation of the Ordinance will require the county to hire a County Arborist, whose responsibilities will include organizing workshops and exhibits for the public and commercial sector on environmentally sustainable practices (e.g., preservation, maintenance and restoration of native forest). Potential Obstacles for Imolementina Resistance to the proposed ordinance will most likely come from those with the following concerns: • Increased costs-The ordinance will increase costs of land development by imposing fees for on-site inspections by the county, and review of plot plans and land disturbance permits. Developers will also have to absorb the cost of preparing the above documentation. The County will have the additional cost of supporting the hiring of an Arborist to administer the ordinance. • Restrictions on private property rights-Currently, owners of one acre or less can remove all vegetation from their lots without penalty. The ordinance will regulate removal of native forest and penalize violators through fines and delays in building permits. • Increased County responsibilities-Some County officials and employees may object to the increased responsibility of administering a new ordinance. • Increased government regulation-Some citizens may be opposed to the ordinance because they believe it intrudes on private decision making. They may argue that preservation of native forest should be restricted to public lands and should not be a concern on land already designated for industrial or private development. Recommendation for Native Forest Protection Ordinance (2/6/07) Page 5 of 6 Primary Responsibility for Carving Out Recommendation Upon enactment of the ordinance, the County will be responsible for hiring a County Arborist as administrator. MEETING RECORD: Natural Resource Working Group Meetings-Preliminary work in Natural Resources Working Group meetings on September 30, October 9 and 23, November 6 and 20, 2006. Puna Projects Open House-December 2, 2006 Email Loa of Contributors/Correspondents on Recommendation Pat Conant 1/15/07 Kathleen Golden 12/4/06,1/10/07 Debbie Hecht 1/12/07 Hannah Hedrik 1/3/07,217 Ann Kobsa 1119/07 Jillian Marohnic 1/29/07, 2/12, 2/13 Athena Peanut 214/07,2/6 Rene Siracusa 1/11/07,1/19, 2/13 Kim Tavares 1/3/07, 1/7, 2/5 Diane Ware 1/10/07, 1/29, 2/6 John Whalen 1/22/07, 2/5 Recommendation for Native Forest Protection Ordinance (2/6107) Page 6 of 6 Enclosure 4 Excerpts From Puna Community Development Plan c. e e• e e • - e Excerpts from Puna Community Development Plan, Pre-Draft - December 2007 pertaining to Grading and Grubbing Revision Page 17, Section 2.2.3 Action b: Amend the grubbing and grading ordinance and/or the zoning code to protect native species, geological and historic features outside of the BRBZ* by preventing pin-to-pin lot grading and encroachments and water diversion into adjoining properties. The new regulations should provide standards for the preservation of native vegetation, review and public notice procedures for grading permits, and penalties for violations. Page 5-2, Section 5.1.2 Revised Grading and Grubbing Controls (District-wide): Below are suggested revisions to County grading and grubbing regulations to protect native forest and geological and cultural features: • Require a permit for all mechanical grading and grubbing activities, subject to the following provisions: - If the total area of disturbance is less than one acre and no other grubbing permits have been issued for the lot within the past 10 years, a permit will automatically be granted. - On lots 2 acres or less in size, prohibit removal of native species within required yards, as determined by the applicable zoning district, except for required access driveway(s) and allowable building footprint. An exception may be made for commercial-zoned parcels within a designated village center other than Volcano, which would come under the BRBZ*. Consideration may also be given to provide solar access for family gardens. - On lots larger than 2 acres, require applicants for grading and grubbing permits to submit a site plan indicating the location and size area of the planned development, avoiding low-lying areas, areas with stands of native trees, rare or unusual native species, cultural or historically significant spots, and hazardous terrain. - Provide reasonable standards to allow agricultural use of the properties that are zoned for agriculture use, especially on lands identified as Agricultural Lands of Importance to the State of Hawai'i (ALISH) or Important Agricultural Lands (IAL). • Require that applications for grading and grubbing permits contain the following property authorizations and certifications: - Written authorization of the lot owner and proof of ownership, such as a real property tax record or deed. - Certification by a licensed surveyor that: (1) the lot being prepared for development is the right TMK parcel; (2) the proposed development area (size) is correct; and (3) all required building setbacks are clear of the planned development prior to approval to begin site work. • Require review of grading permit plans by the Planning Department's County Forester (see Section 2.1, Action a) for lots larger than 2 acres. These reviewers may require a site inspection report by a botanist, archeologist or other expert, as appropriate, including an evaluation of options to prevent or mitigate loss of valuable resources within the planned building site area • Require that yards and native trees at other locations on the site that are designated for preservation be clearly staked or flagged prior to and during land preparation, clearing and construction, and that notice of the grading and grubbing work be posted on the property frontage, visible from the access road. • Establish stiffer penalties for violations of these grading and grubbing restrictions than for other types of zoning or grading violations because, while most of the latter types of violations can be corrected by remedial work, it is difficult to restore cultural sites, unique geological features or native forests, especially the removal of a significant stand of mature trees. * Biosphere Reserve Buffer Zone