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HomeMy WebLinkAboutCOM 0004.002 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona Phone: (808)326-5684 Fax: (808)329-4786 E -Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i Kailua Trade Center 75 -5706 Hanama Place, Suite 109 Kailua -Kona, Hawai'i 96740 DATE: January 5, 2011 TO: Dominic Yagong, Chairperson and Members of the Hawaii County Council FROM: j 1�renda J. Ford, Council Member SUBJECT: Proposed Amendments to Bill 326, Draft 2, Which Amends Chapter 29, Hawaii County Code 1983 (2005 Edition, As Amended), Relating to Water Use and Development Attached please find proposed amendments to Bill No. 326, Draft 2. The proposed amendments are illustrated by Ramseyer format with respect to Bill No. 326, Draft 2, and bolded for illustrative purposes. The proposed amendments are as follows: SECTION, Section 29 -3, Amendments, is amended by deleting the existing material in its entirety and adding new subsections (a) and (b) to read: "Section 29 -3. Amendments. depaFtment thFough its bOaFd, have [The the to Of Watff thewateF SUPPty, acting development wateF shall In the authority amend the board hold use and heaFing in East plan. amending , Hawai'i wateF shall hearing one publie and one publie ZI amendments to the Within fOFty five days amendment, the eouneil. the of reeeipt of a proposed if the fails to eouneil within the for-ty five shall aet days, the amendment upon amendment shall be eouneil net. 11 deemed .- 1 (a) This ordinance may be amended in the same manner as any general ordinance. The council shall have the right to make amendments to the Hawaii County water use and development Plan through ordinance. Comm. No. • Z- �eseoteil w�c; � Serving the Interests of the People of Our Island Ref. Ref. To; To: JA 0 5 9ft „ Hawaii County Is An Equal Opportunity Provider And Employer 2. SECTION 3, Section 29 -4, Plan review, is amended to read: "Section 29.4. [ Plan . Mandatory plan review. [The Hawai'i Countywater- use and development plan shall be r-eviewed as required by the State water eode ehftpte - ,''�- 74 ,=uwai'i Revised Statutes. The Hawaii County water use and development plan shall be reviewed in 1995 and every fifth year thereafter. The water commission of the County of Hawaii shall serve as the plan review committee. The planning director and the manager -chief engineer of the department of water supply shall serve as technical advisors to the plan review committee. The committee shall hold at least one public hearing in East Hawaii and West Hawaii in order to ascertain whether amendments to the plan are necessary. The committee may propose amendments to the existing plan and all such proposed amendments shall be submitted to the council in bill form no later than December 31, of the plan review year. A draft copy of Bill 326, Draft 3, is attached with the proposed amendments incorporated therein. BJF /dkr att. AN ORDINANCE AMENDING CHAPTER 29, HAWAII COUNTY CODE 1983 (2005 EDITION), RELATING TO WATER USE AND DEVELOPMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this bill is to delete sections of Chapter 29, Hawaii County Code, which are reiterations and summaries of those provisions already contained in the State Water Code (Hawai`i Revised Statutes Chapter 174C), adopt the updated Hawaii County Water Use and Development Plan, and amend the provisions regarding the future updating of the Hawaii County Water Use and Development Plan. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 3. Chapter 29, article 1, section 29 -1 through section 29 -4, of the Hawaii County Code 1983 (2005 Edition, as amended) are amended to read as follows: "Section 29 -1. Purpose. The State water code, chapter 174C, Hawaii Revised Statutes, mandates the preparation and adoption of a water use and development plan by each County for incorporation into the Hawaii water plan. The contents of the County water use and development plan are dictated by chapter 174C. The purpose of this chapter is to comply with the dictates of chapter 174C and adopt the water use and development plan. _ _ rwm M_ mum P Mmp NO op 1 010 Section 29 -2. Adoption of [The] the Hawaii County water use and development plan. The Hawaii County water use and development plan of [ Peee ber- 1 989 ] August 2010, incorporated herein by reference, is hereby adopted and any revision, amendment, or modification of the same, pursuant to section 29 -3, shall be deemed a part of the elan without further adoption or amendment to this chapter and shall be incorporated into this chapter by reference. Section 29 -3. Amendments. (a) This ordinance may be amended in the same manner as any general ordinance. (b,) The council shall have the right to make amendments to the Hawaii County water use and development plan through ordinance. Section 29.4. Mandatory plan review. The Hawaii County water use and development plan shall be reviewed in 1995 and every fifth year thereafter. The water commission of the County of Hawaii shall serve as the plan review committee. The planning director and the [manager] manager - chief engineer of the department of water supply shall serve as technical advisors to the plan review committee. The committee shall hold at least one public hearing in East Hawaii and West Hawaii in order to ascertain whether amendments to the plan are necessary. The committee may propose amendments to the existing plan and all such proposed amendments shall be submitted to the council in bill form no later than December 31, of the plan review year." SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or WN "M o . Woo Section 29 -2. Adoption of [The] the Hawaii County water use and development plan. The Hawaii County water use and development plan of [ Peee ber- 1 989 ] August 2010, incorporated herein by reference, is hereby adopted and any revision, amendment, or modification of the same, pursuant to section 29 -3, shall be deemed a part of the elan without further adoption or amendment to this chapter and shall be incorporated into this chapter by reference. Section 29 -3. Amendments. (a) This ordinance may be amended in the same manner as any general ordinance. (b,) The council shall have the right to make amendments to the Hawaii County water use and development plan through ordinance. Section 29.4. Mandatory plan review. The Hawaii County water use and development plan shall be reviewed in 1995 and every fifth year thereafter. The water commission of the County of Hawaii shall serve as the plan review committee. The planning director and the [manager] manager - chief engineer of the department of water supply shall serve as technical advisors to the plan review committee. The committee shall hold at least one public hearing in East Hawaii and West Hawaii in order to ascertain whether amendments to the plan are necessary. The committee may propose amendments to the existing plan and all such proposed amendments shall be submitted to the council in bill form no later than December 31, of the plan review year." SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval.