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HomeMy WebLinkAboutORD 1984-022 1984-1988BILL NO. 1073 COUNTY OF HAWAII - ST~A/TE OF HA{VAII ORDINANCE NO ~ ~~ AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE, 1983, AS AMENDED, RELATING TO EXCEPTIONAL TREES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14 of the Hawaii County Code, 1983, is amended by adding the following article: "Article 11. Exceptional Trees. SECTION 14-59. 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 14-60. 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 14-61. 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 14-62. 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 14-63. 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 of the owner or lessee of the property, and a duly held public hearing(s), the -2- Committee shall forward the proposed List of Exceptional (b) (c) Trees to the Council. 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. 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 b4orks, Building Division, and Office of the County Clerk. - SECTION 14-64. 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 14-65. Enforcing Authority. The Planning Department shall be charged with the enforcement of this ordinance and shall 'nave the police power to take appropriate -3- 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 14-66. 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). SECTION 14-67. 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 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY 1 V~~~ ~~~ COUNCIL MEMBER, CO Y OF HAWAII Hilo, Hawaii Date of Introduction: April 4, 1984 Date of 1st Reading: April 4, 1984 Date of 2nd Reading: April 18, 1984 Effective Date: April 23, 1984 -5-