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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 .. ..., ,,;.. ~ ;. ` Ord. No. l / i 1 ~ ~ ~ ~ ~ ~ File No. -_-------'-' M. B. No. -.------ Dato: ----°-°------- ;-. 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, _2_ Fitz I:°' -------------------....-- M. B. IJo. °---------°-°-°------ Date:....°.--'.. °'-'..--.°'-----'--,» 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. _~_ File ;I o' ---"--~'----~-------"--'- M. B. No..._.--- --° - ....- - ._ Date: ---"---'-'---------_-- 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. -~ - C,1. 23 0. ------ /- C~-"---------- File b; o.... M. B. ho. Date: _._.._. 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. -`J' Fila t: u. _.. ~. $, No.