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Home My WebLink AboutORD 1995-136 1994-1996COUNTY OF HAWAII STATE OF HAWAII BILL NO. ioe (Draft 8) ORDINANCE NO. 95 136 AN ORDINANCE AMENDING CHAPTER 23 OF THE HAWAII COUNTY CODE BY ADDING A NEW ARTICLE RELATING TO FARM LOT SUBDIVISIONS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and Purpose. Since the demise of the sugar industry, plans by landowners for large agricultural parcels remain unknown. The agricultural community has expressed the need for smaller affordable parcels to pursue their endeavors in diversified agriculture without the substantial investment required for the normal subdivision improvements. The council finds it desirable to keep these parcels in agriculture and at the same time encourage diversified agriculture until landowners have established definite plans for these agricultural lands. Therefore, to encourage landowners to provide affordable leasehold lands strictly for the growing of crops and other agricultural pursuits, the purpose of this ordinance is to create a new type of subdivision within an agricultural zoned district entitled "Farm Subdivision". This ordinance would allow landowners to provide farmers with affordable leasehold lands without substantial and burdensome capital investment requirements and at the same time remove the risk of converting agricultural lands into residential or other non-agricultural areas without meeting the normal minimum subdivision requirements. The "Farm Subdivision" with sufficient restrictions and controls will assure the availability of agricultural lands for farmers. SECTION 2. Chapter 23 of the Hawaii County Code is hereby amended by adding a new article which reads as follows: "Article Farm Subdivisions. Section 23- Purpose. The purpose of this article is to allow a person(s) owning property within an agricultural zoned district by the Hawaii County Code, to lease the property for agricultural purposes, provided that structures for residential occupancy or habitation shall be prohibited. This article is intended to encourage landowners to provide affordable agricultural lands which are leased at reduced infrastructural standards warranted by the prohibition of residential or habitable structures. Section 23- Definitions. ( ) 'agriculture' means the care and production of livestock, livestock products, poultry or poultry products, aquaculture or aquaculture products, apiary, horticultural, agronomical or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms. Agricultural production may include but not be limited to land preparation for crop production in accordance with -2- acceptable agricultural practices. ( ) 'farm subdivision' means leasehold parcels within an agricultural zoned district having a minimum leasable area of five acres, prohibiting any structures for temporary, seasonal, or permanent residential occupancy or habitation. Section 23- Restrictions, Requirements and Standards for a Farm Subdivision. The planning director may approve farm subdivisions under the following conditions: (a) The minimum leasable area within a farm subdivision shall be five (5) acres, irrespective of the minimum lot size of the applicable zoning ordinance. (b) Any structures for temporary, seasonal, or permanent residential occupancy or habitation shall be prohibited. (c) Farm subdivision provisions shall be applicable only to leasehold lands located within an agricultural zoned district and shall be a lease term of no less than ten (10) years and a maximum of thirty (30) years. The terms of the lease shall be clearly defined in the lease agreement. (d) The owner of the parcel and lessees shall submit a soil conservation plan approved by the United States Department of Natural Resources Conservation Service upon filing for a farm subdivision. -3- (e) The owner of the parcel shall file a map, drawn to scale, of the parcel indicating the land area under consideration for the farm subdivision and the number of leasable areas and acres. (f) The leases within a-farm subdivision shall be recorded by the bureau of conveyances and a copy of the recorded document shall be filed with the planning director upon its receipt from the bureau of conveyances. Each lease shall: (1) Restrict uses to agriculture as defined in Section 25-160(a) Chapter 25 of the Hawaii County Code except that farm dwellings or structures suitable for residential occupancy or habitation shall be prohibited; (2) Provide a roadway maintenance agreement for all roadways within the farm subdivision; and (3) Assure implementation of the soil conservation plan required in subsection (d) of this article and compliance with the provisions of such plan, including maintenance of conservation improvements specified therein. (f) Notwithstanding the provisions of Chapter 23, the following infrastructure standards shall apply: (1) Water. A water system for a farm subdivision shall not be required. (2) Roadway improvements. Roadway improvements within a farm subdivision which are less than those required under the County of Hawaii Subdivision Code may be approved. -4- (A) Adequate access from a government road shall be provided to a farm subdivision meeting the requirements of the department of public works for the purpose of access to a farm subdivision. (B) Roads within a farm subdivision shall be the property and the responsibility of the subdivider, lot owner, and/or lessees pursuant to an executed roadway maintenance agreement. Section 23- Nullification. (a) In the event that conditions relative to the area in which a farm subdivision is located change to such extent that a farm subdivision is no longer feasible or desirable, the lessor- owner may apply to the planning director to nullify the farm subdivision provided that the consent of all lessees within the subdivision is secured. Upon the approval of the nullification of the farm subdivision by the planning director. the parcel shall revert to its original status. Section 23- Procedure. Except as provided in this article, the subdivision process for a farm subdivision shall be complied with pursuant to this chapter." SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other portions of this ordinance. -5- SECTION 4. Effective Date. This ordinance shall take effect upon its approval. INTRODUCED BY: 1~1•-..-~G._.. ,f~ -- COUNCIL MEMBER, COUNTY F HAWAII Hilo, Hawaii M Date of Introduction: October 13, 1993 Date of 1st Reading October 13, 1993 Date of 2nd Reading Novanber 15, 1995 Effective Date: November 24, 1995 g~. _,am~,a d I~ ~ -4's I ^ ~ ----------------------- -6- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii J v ... ~_ ( DRAFT 3 )' ROLL CALL VOTE m~U~~h; n.,...; ., ntroaucea tsy: ---..--~___ ~_ . _..'_ )ate Introduced: October 13, 1993 AYES NOES ABS EX First Reading: October 13, 1993 ARAKAKI 'ublished: NA - X 2EMAR KS : X 10/13/93 -Passed first reading and referred X to Planning Carmission for Public Hearing X X X Second Reading: Novenber 15, 1995 ROLL CALL VOTE DRAFT 8 ) To Mayor: Novanber 21 . 1995 Returned: November 24, 1995 Effective: November 24, 1995 Published: December 1, 1995 REMARKS: 09/06/95 - Deferra3 on C'oiinci 1 level 09/20/95 -Deferred on Council level 10/18/95 -Referred back to Planning Ccnmittee. AYES NOES ABS E% ARAKAKI X X OSORIO X X 1 0 I DO HEREBY CERTIFY that the joregoinq BILL was adopted by the County Council and published as indicated above. Apprpyed/ this ~ day of /Ud~~19 ~• M/ R, COUNTY F HAWAII COUNCIL CHAli%/%%L37,/A~ (~~~ COUNTY CLERK ~~~~~-- Bill No.: 106 (Draft B ) Reference: C-484/PC-67 Ord. No.: