HomeMy WebLinkAboutBIL 326 Draft 03 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 326
(DRAFT
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 Material to be repealed is bracketed and stricken.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.
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Section 29 -2. Adoption of [The] the Hawaii County water use and development
plan.
The Hawaii County water use and development plan of [ Deee ber- 1984 -, ]
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 plan without further adoption or amendment to this chapter and shall be
incorporated into this chapter by reference.
Section 29 -3. Amendments.
[This or-dinanee may be amended in the same manner- as any genefal or-dinanee.]
The department of water supply, acting through its water board, shall have the
authority propose amendments to the water use and development plan. The water
board shall hold one public hearing in East Hawaii and one public hearing in West
Hawaii on all proposed amendments. The water board shall transmit the proposed
amendments to the council for approval. Within ninety days of receipt of a proposed
]
Section 29 -2. Adoption of [The] the Hawaii County water use and development
plan.
The Hawaii County water use and development plan of [ Deee ber- 1984 -, ]
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 plan without further adoption or amendment to this chapter and shall be
incorporated into this chapter by reference.
Section 29 -3. Amendments.
[This or-dinanee may be amended in the same manner- as any genefal or-dinanee.]
The department of water supply, acting through its water board, shall have the
authority propose amendments to the water use and development plan. The water
board shall hold one public hearing in East Hawaii and one public hearing in West
Hawaii on all proposed amendments. The water board shall transmit the proposed
amendments to the council for approval. Within ninety days of receipt of a proposed
amendment the council shall act upon the amendment. If the council fails to act within
the ninety days the amendment shall be deemed approved.
Section 29.4. [ .] Plan review.
[The 14a ai'i GoiffiRAP) water usse and developm ;t plan shall be r-eviewed in 1995
and ever-y fifth year- ther-eafter-. The water- eommission of the GoufAy of 14awai'i shall
ser-ve as the plan r-eview eemmi4ee. The planning direeter- the manager- of the
depaftmei4 of water- supply shall serve as teehnieal advisor-s to the plan fe i
eemfnjqee. The eofnmi4ee shall hold at least one pubfie he ing in East Hawai'i an
West 14a--vvai44n order- to aseei4ain whether- amendments to the plan are neeessar-y. The
eofnmit4ee may pr-epose amendments to the existing plan and all stteh pr-opose
amendments shall be submitted to the eetineil in bill for-m no later- than Peeember- 3
the plan r-eview year-.1
The Hawaii County water use and development plan shall be reviewe as
required by the State water code chapter 174C Hawaii Revised Statutes.
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.
INTRODUCED BY:
,c
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCES Comm. 4.3