HomeMy WebLinkAboutORD 1960-019
COUNTY OF HAWAII - STATE CF HAWAII
ORDINANCE NO. 19
RN ORDINANCE PROVIDING FOR A PLANNING AND TRAFFIC CON;N'IISSIONr'OR
THE CITY OF HILO, COUNTY GF HAWAII.
BE IT ORDAINEll BY THE BOARD OF SUPERVISORS OF 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 Commission of the County of tIawaii shall consist
of eleven (11) members, with the Chairman and Executive Officer
of the Board o£ Supervisors, the County Attorney, the Chief of
Police, Fire Chief and a representative from the Hawaii County
Department of Public ~tiorlts as advisors; the eleven (11) citizen
members to be appointed by the. Chairman and Executive Officer
of the Board with the approval of the 3oard of Supervisors who
shall hold office for three (~~) years or until their successors
are appointed and qualified; provided, however, that of the first.
members appointed hereunder three (~) shall be appointed for a
term expiring January 1, lyy-'j, four O}) members for a term expiring
January 1, 194~'~, and four (;~) members for a term expiring January
1, 1'~).
Section ;. Organization; employees; exi~enses. The
Commission, imanediately upon their appointment, shall elect
its Chairman from amongst the appointed citizen members and
create and fill such other offices and committees as it may
determine. The Chairman and Executive Gfficer of the Board
of Supervisors, with the approval of the Board of Supervisors
of said County, shall appoint an Executive Officer, to be
known as the Director of Planning and Traffic. The Commission
shall have the power to employ such experts, assistants and
clerks as may be necessary to perform 1.he duties of the Commission
ac.d for which appropriations and funds have been provided by the
3oard of Supervisors. Officers ar.d employees of the several
departments may be temporarily detailed icy the Chairirran and
executive Officer of the 3oard to assist the Commission as required,
and in such event, shall serve without additional compensation,
but no such officer or emplo~~ee shall be deprived of his regular
compensation because of such service with the Commission. The
Commission may-incur such other expenses as may be necessary and
proper, and for which appropriations have been made by the 9oard
of Supervisors. Disbursements therefor shall be made by warrants
issued or, vouchers, signed oy the Chairman or Acting Chairman.
Section ;.. Quorum; meeting; rules, office, ,publication of
notices. The majority of members of the Conunission shall
constitute a quorum fcr the transaction of business and for
the exercise of the powers and authority conferred upon the
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Commission. The Commission shall hold at least one meeting in
each month, and shall adopt rules for the transaction of
tusiness, consistent with the laws of the Territory of Hawaii
and the Ordinances of the County of Hawaii.
The Commission shall keep a record of its findings ar.d
determinations, which record shall be a pu;~lic record. The
office of the Commission shall be in the County Buildir.y at
Hilo, Hawaii, or such other place designated by the Commission
with approval of the majority ci' the Board of Supervisors.
The term "published n
Ordinance, means notice by
general circulation in the
or excluding Sundays), the
at least ten days prior to
the second, two days prior
Mice", wherever used in this
publication in a daily newspaper of
County for two days (either includin5
first of such publications to be
the date of hearing so noticed, and
to the meeting.
Section 5. veneral Powers and Duties;
A. Master Plan; It shall be the function and
duty of the Planning and Traffic Commission to formulate a
Master Plan for the physical development of the City of Hilo
and of such other towns, villages or cities or areas in the
County of Hawaii as it deems advisable. Such plan shall show
the Commissions recommendations for the development of the
City of Hilo and of such other areas of the County of Hawaii
as it deems advisable including desirable streets, roads,
highways, viaducts, bridges, waterways, waterfronts, parkways,
playgrounds, parks, aviation fields and other public ways,
grounds, and open spaces, the general location of public
buildings, civic centers, and other public property, building
zone districts, use zone districts, locations cf drainage system,
sewer systems, sewage treatrient plants, incinerators, and other
public utilities, privately or publicly owned or operated;
location of terminal facilities for transportation purposes,
whether publicly or privately owned or operated; and such other
features, changes, and additions as will provide for the
improvement of the county and its future growth and development,
and afford adequate facilities for the housing, transportation,
distribution, comfort, convenience, health and welfare of its
population. Before adopting the Master Plan or any part or
modification thereof, the commission shall hold a public
hearing or hearings, puhlished notice of each of which (except
an adjourned meeting) shall be given. The Master Plan and all
modifications thereof, shall be kept on file in the office of
the Commission.
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 oi' the i'uture growth of the various
cities, towns and villages with due regard to their relation
with their respective neighboring cities, towns and villages.
The plan shall be made with the general purpose of guiding
and accomplishing a coordinated, adjusted and harmonious
development of the County of Hawaii which will, in accordance
with present and future. needs, best promote health/, safety,
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morals, and general welfare, as well as efficiency and economy
in the process of development; including among other things,
adequate provision for traffic. The promotion of safety from
fire and other dangers, adequate prevision for light and air,
the promotion of healthful and convenient distribution of
population, the promotion of good civic designs and arrangements,
wise and efficient expenditures of public funds, and the adequate
provision of public utilities and other public requirements.
B. Subdivision. Regulations: The Commission shall have
written regulations for the subdivision of real property
pertaining to the coordination of streets within subdivisions
with other existing or planned streets, or with other features
of the master plan for the adequate and convenient placing of
open spaces for traffic, utilities, access for fire-fighting
apparatus, recreation, light and air, and for the 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 Hawaii and shall be published as
provided by law for the publication of Ordinances.
C. Zoning Regulations; The Commission shall have
written regulations to regulate and limit the height and bulk
of buildings, to regulate and determine the area of yards,
courts and other open spaces, or to regulate and restrict the
location of trades and industries and the location of buildings
designed for specific uses or creating districts for any such
purposes by the enactment of ordinances, in the following
manner, subject to the last proviso of 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
ordinance, after public hearing, published notice of which shall
be given. Such resolution shall be filed with the Clerk of
the County within five days from the date of its adoption for
action 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 adjacent, extending
one hundred feet therefrom, or by the owners of thirty per
centum of the area of land directly opposite thereto, extending
one hundred feet from the street frontage of such opposite land,
such resolution shall not be effective unless approved by the
Board of Supervisors by unanimous vote of all members present.
In case any portion of the area mentioned in this parayrapl; is
held by any lessee under a recorded lease, the unexpired term
of which is mere than five years from the date of filing of
such resolution, no such portion of such area may be to}<en into
consideration for the purposes of this paragraph unless ever}
such lessee shall also join with the owner of the reversion.
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Section u. Applications for changes in ordinances and
for new ordinances; Any application for a change in any
ordinance, or for any new ordinance referred to in the pre-
ceding section, may be filed with the Commission by the owner
or lessee holding under a recorded lease of any real estate
affected by any such ordinance or to be affected by the
proposed changes, upon depositing with the Commission the
sum of One Hundred Dollars ($100.00) to cover all necessary
cost; provided, however, that no such application shall be
considered by the Commission unless seventy-five per centun
of the persons, being the owners cr lessees holding under
recorded le•,ses (the unexpired term or which is more than
five years frond the date of filing such applicat-on) 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. 1'he Commission shall consider
and act upon such application, and shall hold public hearing
thereon, notice of which shall be given in the same manner as
provided in the preceding section.
Section '(. Traffic Regulations:
It shall be the duty of this Commission, and to this end
it shall have the authority within the limits of the funds
at its disposal, to coordinate traffic activities, to carry
on educational activities, to prepare and publish traffic
reports, to receive complaints having to do with traffic
matters, and to recorunend to the Board of Supervisors and
other County officials, ways and means for improving traffic
conditions and administration and enforcement of traffic
regulations.
The Commission shall make recommendation to the Board of
Supervisors fer its approval and adoption, ordinances or
resolutions covering the following;
a. Determining and designating the type of all official
traffic control devices as defined;
b. Creating, defining, re-defining, 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 intersections,
and designating the type of markings to be. placed and maintained
for the identification of such zones or areas;
c. Determining those intersection at which drivers of
vehicles shall not make a right, left or 'tU't turn, and designating
the place at which proper signs at such intersections 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.
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Section g. Erection of signs and signals; All official
traffic control devices, ordered by the Board of Supervisors,
shall be placed, erected and maintained by the department of
public works.
Section y. Miscellaneous Powers and Duties of Planning
and Traffic Commission; The Planning and Traffic Commission
shall have the power to promote public interest in an understanding
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 limiits
of its appropriation or other funds made available.
The Commission shall, from time to time, and at least
annually, submit reports in writing to the ]3oard of Supervisors,
giving information regarding the condition of the City and~or
County and any plans or proposals for the development of the~City
and~or County, and estimates of the cost thereof, and the regulation
of traffic for safety and efficient movement cf motor vehicle
transportation and pedestrian safety, and these reports shall
contain such other suggestions and recommendations as the Planning
and Traffic Commission feels should have immediate attention.
Section 1J. Any ordinance of the County of Hawaii referring
to Traffic Safety Commission shall be deemed to refer to the
Planning and Traffic Commission as herein established.
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