HomeMy WebLinkAboutBIL 020 Draft 01 2008-2010OFFICE INFORMATION ONLY
Meeting: Planning Committee— February 18, 2009
Action: Postponed to call of Chair; never taken up again.
Re: Bill 20; Comm. 96 (2008-2010 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 20
AN ORDINANCE AMENDING CHAPTER 23 (SUBDIVISION CODE) AND
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 1983 (2005
EDITION) RELATING TO SUBDIVISION REQUIREMENTS FOR PUBLIC
PURPOSE SUBDIVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAFL•
SECTION 1. Purpose. The purpose of this bill is to amend the subdivision code
and the zoning code to provide that subdivisions for a public use do not need to meet the
normal subdivision requirements, including the minimum building site area.
SECTION 2. Section 23-3, "Definitions", Hawai'i County Code, 1983 (2005
Edition) is amended by adding a new definition as follows:
"Public use" means an activity conducted by the federal state or county
government to fulfill a government function activity, or service for public benefit
and in accordance with public policy. Excluded are uses which are noturp ely a
function, activity, or service of government and structures leased by government
to private entrepreneurs or to nonprofif organizations
SECTION 3. Section 23-11, Hawai'i County Code, 1983 (2005 Edition) is
amended to read as follows:
Section 23-11. Public utility [or]= public rights-of-way and public purpose
subdivisions.
The requirements of this chapter, including lot sizes, and standards of this
chapter shall not be applicable to public utility or public rights-of-way
subdivisions and their remnant parcels, nor to subdivisions to create lots that will
be conveyed to the county state or federal government and put into public use or
conveyed from one subunit of government to another andutp into public use;
provided that the director upon conferring with the director of public works and
manager of the department of water supply may require necessary improvements
to further the public welfare and safety.
SECTION 4. Section 25-4-34, Hawai'i County Code, 1983 (2005 Edition) is
amended to read as follows:
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Section 25-4-34. Waiver of minimum building site area for utilities and
public purpose subdivisions.
The required minimum building site area may be waived by the director
for public utility, [of] public rights-of-way subdivisions, or subdivisions to create
lots that will be conveyed to the county, state or federal government andup t into
public use, or conveyed from one eovernmental subdivision to another and put
into public use, [erbeth], and any resulting remnant parcels.
SECTION 5. 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 6. In the event that any portion of the ordinance is declared invalid,
such invalidity shall not affect other parts of this ordinance.
SECTION 7. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm: 96
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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