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HomeMy WebLinkAboutORD 1945-146_~ By Authority COUNTY OF HAWAII TERRITORY OF HAWAII Ordinance No. 146 AN ORDINANCE PROVIDING FOR A PLANNING AND TRAFFIC COMMISSION FOR THE CITY OF HILO AND COUNTY OF HA- WAII BE IT ORDAINED BY THE BOARD OF SUPERVISORS IN AND FOR THE COUNTY OF HAWAII: SECTION 1. A Planning and Traffic Commission for the City of Hilo and County of Hawaii is hereby created. SECTION 2. Appointment; Term of office. The Planning and Traffic Com- mission of Hilo and County of Ha- waii shall consist of eleven members, with the Chairman and Executive Officer of the Board of Supervisors, Che County Attorney, the Chief of Police of the County of Hawaii, and a representative from the Hawaii Department of Public Works as ad- visers; the [eleven) citizen members to be appointed by the Chairman and Executive Officer of the Board, with the approval of the Board of Supervisors, who shall hold office for three years, or until their successors are appointed and qualified; pro- vided, however, that of the first members appointed hereunder. three shall be appointed for a term ex- piring January 1, 1947, four mem- bers for a term expiring January 1, 1948, and Your members for a term expiring January 1, 1949. SECTION 3. Organization; em- ployees; expenses; The Commission, immediately up- on theiz• appointment, shall elect its Chairman from amongst the ap- pointed citizen members and create and fill such other offices and com- mittees as it may determine. The Commission shall appoint an Execu- tive Officer, to be known as the Di- rector of Planning and Traffic, and such experts, assistants and clerks as may be necessary to perform the duties of the Commission and for which appropriations and funds have been provided by the Board oY 6u- perviacrs. Officers and employees of the several departments may be temporarily detailed by the Chair- man and Executive Officer of the Board to assist the Commission as required, and in such event, shall serve without additional compensa- tion, but no such officer or employee shall be deprived of his regular com- pensation because of such service with the Commission. The Commis- sion may incur such other expenses as may be necessary and proper, and for which appropriations have been made by the Board of Supervisors. Disbursements therefor shall be made by warrants issued on vouch- ers, signed by the Chairman or Act- ing Chairman. SECTION 4. Quorum; meeting; rules; office, publication of notices: The majority of members of the Commission shall constitute a quo- rum for the transaction of business and for the exercise of the powers and authority conferred upon the Commission. The Commission shall hold at least one meeting in each month, and shall adopt rules for the transaction of business, consistent with the laws of the Territory of Hawaii and the Ordinances of the County of Hawaii. The Commission shall keep a rec- m~d of its findings and determina- tions, which record shall be a Public record. The office of the Commission shall be in the County Building at Hilo, Hawaii, or such other Place designated by the Commission with approval of the majority of the Board of Supervisors. The terxn "published notice", wherever used in this ordinance, means notice by publication in a daily newspaper of general circula- tion in the County for two days (either including or excluding Sun- days), the first of such publications to 6e at least ten days prior to the date of hearing so noticed, and the second, two days Prier to tihe meet- ing. SECTION 5. General Powers and Duties: A. Master Plan: It shall be the function and duty of the Punning and Traffic Commission to formulate a master plan for the Physical de- velopment of the municipality of Hilo. Such Plan shall show the Com- xnission's recommendation for the development of the City of Hilo as defined by Section 8351, Revised Laws of Hawaii 1945, and of such other areas of the County of Hawaii, including desirable streets, roads, highways, viaducts, bridges, water- ways, waterfronts, parkways, play- grounds, pzrks, aviation fields, and other public ways, grounds, and open spaoes, the general location of pub- lic buildings, eivio centers, and other public Property, building zone dis- tricts, use zone districts, loco lions of drainage system, sewer systems, sewage treatment Plants, inoinera- tors, and other public utilities, pri- vately or publioly owned or operated; loeatiou of terminal facilities for transportation purposes, whether publicly or privately owned or oper- ated; and such ether features, changes, and additions as will pro- vide far the improvement of the city and its Puture growth and de- velopment, and afford adequate fa- cilities for the housing, transporta- tion, distribution, comfort, conven- ience, health and welfare of its pop- ulation. Before adopting the Master Plan or any part or modification thereof, the Commission shall hold a public hearing or hearings, pub- lished notice of each oP which (ex- cept an adjourned meeting) shall be given. The Master Plan and all modifications thereof, shall be kept on file in the office of the Commis- sion. The Commission may, from time to time, amend, extend, or add to the plan. In the preparation of such plan or plans, the Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality, and with due regard to its rel¢tion with neighboring communities or villages. The plan shall be made with the general purpose of guiding~ and accomplishing a coordinated, ad- justed and harmonious development of the city of Hilo and its environs which will, in accordance with pres- exzt and future needs, best promote health, safety, morals, and general welfare, as well as efficiency and economy in the process of develop- ment; including among other things, adequate provision for traffic. The promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenienC distribu- tion of population, the Promotion of good civic designs and arrangements, wise and efficient expenditures oP public funds, and the adequate pro- vision of publio utilities and other public requirements. - B. Subdivision Regulations: The Commission shall have written reg- ulations for the subdivision of real property pertaining to the coordina- tion of streets within subdivisions with other' existuzg or planned streets, or with other features of the master plan for the adequate and convenient placing of open spaces for trafflo, utilities, access for fn~e- fightiug apparatus, recreation, light mzd air, and for Ube avoidance of congestion of population, including minimum width and area of lots, and for a proper distribution of population and traffic which will tend to create conditions favorable to public health, safety and morals. All such regulations shall be enacted as Ordinances of the County of Ha- waii and shall be published as pro- vided by law for the publioatimx of m:dinances. C. Zoning Regulations: The cmn- mission shall have written regula- tions to regulate and limit the height axzd bulk of buildings, to regulate and determine the area of yards, courts and other open spaces, or to regulate and restrict the loca- tion of trades and industries and Lhe location of buildings designed Sor specific uses or creating districts for any such purposes by the enact- ment of ordinances, in the following manner, subject to the last proviso 01 this section: The Commission may, upon its own initiative at any time or upon application as provided, adopt a resolution for any such purpose, subject to any Limits provided by the zoning ordi- nance, after public hearing, pub- lished notice of which shall be given. Such resolution shall be flied with the Clerk of the Coun- ty within five days from the date of its adoption for aotion by the Board of Supervisors; provided that, in case a protest against any such proposed resolution of the Commission duly signed and acknowledged by the owners of thirty per centum or more of the area of land included in such proposed change or in such new ordinance, or by the owners of thirty per centum or more of the area of land immediately adja- cent, extending one hundred :eel therefrom, or by the owners of thirty per ceutum of the area of land direotly opposite thereto, extending one hundred feet from Lhe street frontage of such opposite land, such resolution shall not be effective unless ap- proved by the Board of Super- visors by unanimous vote of all members present. In case any Portion of the area mentioned in this paragraph is held by any lessee under a reoorded lease, the unexpired term of which is more than five years from the date of filing of such resolution, no such portion oY such area may be taken into consideration for the purposes of this para- graph unless every such lessee shall also join with the owner of the reversion. SECTION 6. Applications for changes in ordinances and for new ordinances: Any application for a change in any ordinance, or Yor any new ordi- nance referred to in the preceding section, may be ffied with the Com- mission by the owner or lessee hold- ing under a recorded lease of any real estate affected by any such or- dinance or to be affected by the pro- posed changes, upon depositing with the Commission the sum of One Hundred Dollars ($100.00) to cover all necessary cost; provided, how- ever, that no such application shall be crosidered by the Commission nuless seventy-five per ceutum of the persons, being the owners or lessees holding under reoorded leases (the unexpired term of which is more than five years from the date of filing such application) of real estate situated within a distance of 750-feet from the nearest point of the real estate owned or held by the application, shall join in such application. The Commission shall consider and act upon such applica- tion, and shall hold public hearing thereon, notice of which shall be given in the same manner as pro- vided in the preceding section. SEC'CION 7. Traffic Regulations: It shall be the duty of this Com- mission, and to this end it shall have the authority within the limits of the funds at its disposal, to coordi- nate traffio activities, to carry on educational aotivities, to prepare and publish traffic reports, to re- oeive complaints having to do with traffic matters, end to recommend to the Board oY Supervisors and other County officials, ways and means for improving traffic condi- tions and administration ar-d en- forcement of traffic regulations. The Commission shall make rec- ommendation to the Beard of Su- pervisors for its approval and adop- tion, ordinances or resolutions cov- ering the following: a. Determining and designating the type of all official traf- fic control devices as defined; b. Creating, defining, redefin- ing, eliminating or changing all safety zones, quiet zones, play streets, traffic lanes, cross walks, loading zones, no-parking zones, time-limit parking zones, bus stops, parking areas, stop intersec- tions, and designating the type of markings to be placed and maintained for the iden- tification of such zones or areas; c. Determining those intersec- tions at which drivers of ve- hicles shall not make a right, ]eft or "U" turn, and desig- nating the place at which proper signs at such inter- sections shall be erected; d. Designating markers, buttons or signs to be placed within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. SECTION 8. Erection of signs and signals: All official traffic control devices, ordered by the Board of Supervisors, shall be placed, erected and main- tained by the department oY public works. SECTION 9. Miscellaneous Pow- ers and Duties of Planning and Traffic Commission: The Planning and Traffic Com- mission shall have the power to pro- mote public interest in an under- standing of the plan, and to that end, may publish and distribute copies of the plan or of any reports, and may employ such other means of publicity and education, as it may determine, within the limits of its appropriation or other funds made available. The Commission shall, from time to time, and at least annually, sub- mit reports in writing to the Board of Supervisors, giving information regarding the oondition of the City and/or County and any plans or pro- posals for the development of the City and/or County, and estimates of the cost thereof, and the regula- tion of traffic for safety and efficient movement of motor vehicle trans- portation and pedestrian safety, and these reports shall contain such oth- er suggestions and recommendations as the Planning and Traffic Com- mission feels should have imxnedi- ate attention. SECTION 10. Any ordinance of the County of Hawaii referring to Tx'affic Safety Commission shall Ue deemed to refer to the Planning' and Traffic Commission as herein es- tablished. SECTION 11. Repeal and Date of Effect: Ordinance No. 122 and Ordinance 58, as amended, and all other ordi- rax:ces and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect from and after the date of its pas- sage as provided by law. SECTION 12. Validity: Should any section, paragraph, sentence, clause or phrase of this ordinance be deolared invalid or un- constilluUional fox any reason, the remainder of said ordinance shall not be affected Lhereby. SECTION 13. This ordinance shall take effect as of the 2nd day of Jan- uary, 1946. Dated at Hilo, Hawaii, this 18th day of December, 1945. Introduced by: (SGD) EDWIN A. DE SILVA Supervisor, 1st Representative District. TERRITORY OF HAWAII ) COUNTY OF HAWAII ) SS I HEREBY CERTIFY that the foregoing Ordinance was regularly considered at a meeting of the Board of Supervisors of the County of Ha- waii held at the County Seat upon the 18th day of December, A.D., 1945, and upon being put to vote said Ordinance was adopted by a unanimous vote of the Supervisors at said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County of Hawaii upon this 18th day of December, A. D. 1945. (SEAL) (SGD) EDWIN M. DESHA Ist Dep. County Clerk County of Hawaii