HomeMy WebLinkAboutORD 1981-679 1980-1984BILL NO, 720
(AMENDED )
COUNTY OF HAWAII _ STATE OF HAWAII
ORDINANCE NO. ~~
AN ORDINANCE AMENDING CHAPTER 3 OF THE HAWAII COUNTY CODE TO
ADD A NEW ARTICLE RELATING TO EXCEPTIONAL TREES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Intent.
In accordance with Chapter 58-2, Hawaii Revised Statutes,
to safeguard exceptional trees from destruction due to land
development, the County of Hawaii desires to enact protective
regulations to preserve exceptional trees within the County.
SECTION 2. Definitions.
For the purposes of this Article, "exceptional trees" means
a tree or grove of trees with historic or cultural value, or which
by reason of its age, rarity, location, size esthetic quality,
or endemic status has been designated by the County Council as
worthy of preservation. The term "exceptional trees" does not
apply to trees planted for commercial forestry operations.
Exceptional trees may be designated generally by biotaxy or
individually by location or class.
SECTION 3. Arborist Advisory Committee.
There shall be an Arborist Advisory Committee consisting
of five (5) members who shall be appointed by the Mayor. The
Committee shall include the following: the Director of Planning,
County of Hawaii, or his designee; one {1) member who shall be
actively employed in the practice of landscape architecture;
and three (3) other members selected on the basis of active
participation in programs of community beautification, or research
or organization in the ecological sciences, including ethnobotany,
or Hawaiiana.
SECTION 4. Powers and Duties.
The Arborist Advisory Committee shall have the following
powers and duties:
(a) To research, prepare and recommend to the County Council
exceptional trees to be protected by County ordinance
or regulation.
(b) To advise property owners relative to the preservation
and enhancement of exceptional trees.
(c) To recommend to the Council appropriate protective
ordinance, regulations and procedures.
(d) To review all actions deemed by the Council to endanger
exceptional trees.
SECTION 5. Procedures.
(a) Any interested person may petition the Arborist Advisory
Committee to examine a tree for designation as an
exceptional tree. Upon completion of the Committee's
study which shall include notification o.f the owner
or lessee of the property, and a duly held public
hearing(s), the Committee shall forward the proposed
List of Exceptional Trees to the Council.
(b) The Council shall review the proposed List of Exceptional
Trees; it may affirm, modify, or disaffirm the proposed
List of Exceptional Trees. The list shall be adopted
by ordinance.
(c) The Arborist Advisory Committee shall prepare official
maps designating the location of exceptional trees
adopted by the County Council and shall file maps with
the County Planning Department, Department of Public
Works, Building Division, and Office of the County Clerk.
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SECTION 6. Consultation with County Arborist Advisory
Committee.
Prior to the issuance of any building or grading permit
or granting of final subdivision approval, the County Planning
Department and Department of Public Works, Building Division,
may request advice from the County Arborist Committee concerning
trees within any proposed development to assure that exceptional
trees are retained and to prevent the unnecessary destruction
of such trees during development or redevelopment of land within
the County of Hawaii. The lack of designation as "exceptional
tree" does not diminish the responsibility and authority of the
Planning Department and Department of Public Works, Building
Division, to recommend trees to be incorporated into a development
plan.
SECTION 7. Enforcing Authority.
The Planning Department shall be charged with the enforcement
of this ordinance and shall have the police power to take appro-
priate action(s) to ensure compliance with the provisions of
this ordinance. The Planning Department may issue citations
for the violation of any provision of this ordinance. This
ordinance shall not be superseded by any permit issued by any
county agency under any other ordinance.
SECTION 8. Violation and Penalty.
It shall be unlawful for any person, corporation, public
agency or other entity to remove or otherwise destroy an exceptional
tree in the County of Hawaii. Any person, corporation, public
agency or other entity who violates this section shall be fined
not more than One Thousand Dollars ($1,000).
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SECTION 9. Proceedings for injunctive relief in Circuit Court
or other court of competent jurisdiction may be had for threatened
violations of the provisions of this ordinance.
SECTION L0. In the event that any portion of this ordinance
is declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 11. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
February 18, 1981
March 18 , 19 81
March 30 , 19 81
-4a
Hilo, Hawaii
Date: February 18 , 19 81
FIRST .READING
AYES NOES A/E
Dahlberg
X
De Luz X
Domingo X
Fuj ii
X
Hale
X
K awah a r a X
Lai X
Schutte
X
Chr. Yamashiro X
9 0 0
Publication Date : ~ ~ ~ ~' ~ 1981
Hilo, Hawaii
Date: March lA_ 19R1
SECOND & FINAL READING
AYES NOES A/E
Dah lbe rg X
De Luz
X
Domingo
X
Fuji i
X
Hale
X
Kawahara X
Lai
X
Schutte
X
Chr. Yamashiro
X
Publication Date: AFR J 1981
We do hereby certify that the foregoing ]SILL was adopted by the
County Coun ci 1 and published as indicated above .
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Date ----•--•-----_~._._~..__._._..
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uncil Cha' an
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County Clerk
Approved his ..3 day of
Mayor, County of Hawaii
Bill No. 720 (Amended)
Reference: C-101/PC®17
M.B. No.
Ord. No. ~~