HomeMy WebLinkAboutORD 1967-016~~'
COUNTY OF HRirAII - STATE OF' Hfi[II~II
ORDINANCE DIG. 16
AN ORDTNANCE PROVIDING FOI2 'i COUiJTY PLAPv'NING COl:7nIISSION 1~IVr'
PP.ESCRIBING ITS PO?9ERS, DUTIES APdD FUNCTIONS.
BE IT ORDlINED BY THE BOI'.RD OF SUPERVISORS OF THE COUDiTY OF HA~.TAII:
SECTION 1. Creation of County Planning Commission. There is
hereby created a County Planning Commission which shall consist of
eleven (11) members, with the Chairman and Executive Officer of the
Board of Supervisors, the County attorney, and :representatives from
the Hawaii County Department of Public '.,forks, Department of Economic
Development, and Hawaii County Board of ',rater Supply as non-voting,
ex officio members. The eleven (11) voting members shall be appointed
by the Chairman and Executfive Officer of the Board with the approval
of the Board of Supervisors and shall hold office for three (3) years
or until their successors are appointed and qua:Lified; provided
that of the members originally appointed hereunder four (4) shall be
appointed for a term expiring .January 1, 1906, ]..'our (4) members for
a term expiring January 1, 1907, and three (3) rnenibers for a term
expiring ,January 1, 19G8; thereafter every appointment shall be made
for a term of three (3) years commencing from the date of the
expiration of the last preceding term. Any vacancy shall be filled
by appointment for the remaindr;r of the unexpired term as hereinabove
provided.
SECTIOAI 2. Organization; employees; expenses. The Chairman
and Executive Officer of the Board of Supervisors shall name one of
the members to act as chairman of- the Commission, The Chairman and
Executive Officer of- the Board of Supervisors, with the approval of
the Board of Supervisors, sha:Ll appoint an executive officer and a
deputy, to be known as the Planning Director and Deputy Planning
Director, respectively. The ''tanning Directcr shall have the power
to employ 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 'oy the Board of Supervisors. The
Commission may incur expenses as may be necessary and proper and
for which appropriations have been made by the Board of Supervisors.
SECTIOIQ 3. Quorum; meeting; rules; office; publication of
notices. The majority of the voting members of the Commission shall
constitute a quorum for the transaction of business and for the
exercise of the powers and authority conf.-erred upon the Commission.
All actions of the Commission shall require the affirmative vote of
the majority of the members of the Commission. The Commmssion shall
hold at least one meeting in each month and shall adopt rules for
the transaction of business consistent with the laws of the State
of Hawaii and the ordinances of the County of Hawaii.
The Commission shall keep a record of its findings and
determinations, which record shall be a public x-ecord. The office
of the Commission shall be in the County Building at Hilo, Hawaii,
or such other place designated by the Commission with the approval
of the Board of Supervisors.
The term "published notice," wherever used in this ordinance,
means notice by publication in a daily newspaper of general
circulation in the County for two (2) days (either including or
excluding Sundays), the first of such publications to be at least
ten (10) days prior to the date of hearing, and the second, two (2)
days prior to the meeting.
Ord. Y~ .-..- ~.+.~wr
File Yw
14 1. Xa -~,..~.,~.,~
S~CTIODi 4, General powers and duties. Th.e County planning
Commission shall advise the Board of Supervisors and the Planning
Director i.n matter concerning the planning programs.
A, General Plan,
It shall be the function and duty of the Planning Director,
with the approval of the County Planning Commission, to prepare a
general plan for the physical development= of the County of I3avraii
and transmit same to the 'Board of Supervisors for its consideration
and action. The 3oard of Supervisors shall adopt the general plan
by ordinance, The general plan shall set forth the Board's policy
for the long-range, comprehensive physical development of the
County„ The general plan shall include a map of the County and
shall contain a statement of development objectives, standards and
principles with respect to the most desirable use of land within
the County for residential, recreational, agricultural, commercial,
industrial, and other purposes; the most desirable density of
population in the several parts oI the County; a system of principal
thoroughfares, highvrays, streets, and other public open spaces; the
general location, relocation, anal improvement of public buildings;
the general location and extent of public utilities and terminals,
whether publicly or privately o?wned, for orator, sewers, light, power,
transit, and other purposes; the extent and location of public
housing projects; adequate drainage facilities and control; and
such other matters as may, in ':he 3oard's judgment, be beneficial
to the social, economic, and governmental conditions and trends
and shall be designed tc assure the coordinated development of the
County and to promote the general ,welfare and prosperity of its
people,
Prior to submitting tte general
the Commission shall hold a ou'~lic h
interested persons shall '~e affcrdeci
heard. Notice of the time and place
in the manner provided in fiection 3.
modifications thereof, shall l,e kept
Commission,
plan or any amendments thereto,
wring thereon at which
a reasonable opportunity to be
of the hearing shall be given
'The general plan and all
on file in the office of the
B, Subdivision regulations.
The Director, vrith tltc; approval of the County Planning
Commission, shall prepare and submit to the 3oard For its approval
regulations governing the subdivision of real property in the
County of Hawaii. Such regulations shall coordinate streets within
subdivisions with other existing or planned streets, or with other
features of- the general 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 distril.~ution of population and traffic which will
tend to create conditions favorable to public health, safety and
morals. ?111 such regulations shall be enacted as ordinances of- the
County of Hawaii and shall be pu'~lished as provided by law for the
publication of ordinances.,
C, Zoning regulations.
The Director, with the approval of the County Planning
Commission, shall prepare and submit to the Board for its approval,
regulations to regulate and limit the height and bulk of buildings,
to regulate and determine 1_he area of yards, courts and other open
-2-
spaces, and to regulate and -restrict the location of trades and
industries and the l.oca.tion o~ "~uildings designed for specific uses
or creating districts for any such. purpose:>, i11 such regulations
shall be enacted as ordinances of tt.e Co~~irty of Hawaii and shall be
published as provided 'oy 1a:r "or the pu!>ication of- ordinances.
The Director, rfith ti,c a~(;roval of :h.e County Planning
Commission, may initiate ai any time or anon application as
provided in Section. ~•, ana reromnrend to she Board of Supervisors
the adoption of an ordinance ~uuending or repealing any zoning
regulation or the enactment of a ne~a ordinance regulating land uses
after a public hearing thereon is held, Published notice of the
hearing shall be given in the manner provided ir: Section 3.
Notwithstanding -the foregoing, any ordinance regulating land
use and affecting lands in a redevelopment project area shall be
amended without the necessity of a public hearing to conform to the
approved redevelopment plan upon acquisition of said lands by the
Hawaii Redevelopment Rgency in accordance with Section 143-7,
Revised LaUas of Iiawaii 1955.
SBCTIODt 5, application for changes in ordinances and for new
ordinances. Rny application for a change in any ordinance, or for
any new ordinance referred to i.n the preceding section, may be
filed with the Director 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
Director the sum of One Hundred Dollars 0100.00) to covex all
necessary cost; provided that no such application shall be
considered by the Director unless seventy-five per centum (75%) of
the persons, being the owners or lessees (the unexpired term of
which is more than five (5) years from the date of filing such
application) of real estate situated trithin a distance of 750 feet
from the nearest point of the real estate owned or held by the
applicant, shall join in such application. !^dhere the Di reactor
initiates proposed changes or amendments, all owners and lessees
within the area as specified above shall be notified by the Director
of the proposed chcanges by certified mail at least ten (10) days
prior to public hearing scheduled thereon, ';J hen all the preliminary
procedures have been complied with, the L'irector shall refer the
application to the Commission and the Conunission shall consider and
act upon such applicatior::by holding a pub'_ic hearing thereon,
notice of which shall be given. in th.e manner as provided i.n Section 3,
SEC`PION 6, i'tiscellaneous posers and duties. The County Planning
Commission shall have the poorer to promote public interest in an
understanding of the general 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,
submit reports in writing to the Board of Supervisors, giving
information regarding the condition of the County and any plans or
proposals for the development of the County and estimates of the
cost thereof, and these reports shall contain such other suggestions
and recommendations as the County Planning Commission feels should
have immediate attention.
-3-
SECTION 7. Change to County Planning Commission. Any
ordinance of the County of Hawaii referring to the Planning
and Traffic Commission shall be deemed to refer to the County
Planning Commission when the subject matter relates to planning,
subdivisions, zoning or other related matters.
SECTION 8. Preservation cf rights and liabilities. The
repeal shall not affect any act done, ratified or confirmed,
or any right accruing or accrued or established, or any action,
suit or proceedings had or commenced in any civil cause, prior
to the repeal, and all rigk_ts and li~:bilities under any ordinance
embraced in or repealed by this ordinance shall continue and may
be enforced in the same manner and with the same effect as if
the repeal had not been ma;~e.
-~-