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Home My WebLink AboutORD 2011-007 2010-2012COUNTY OF HAWAII STATE OF HAWAII BILL NO 326 ( ORDINANCE NO. 11 '7 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 HAWAI`L• 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 Material to be repealed is bracketed and stricken.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. .� OWN iii : �szsse��ereeaere.z�!�e�:s�sr_�: gee !�:�:rasr_�r:�e!�r_e!s�e!�seer: IZ IN M.MOMMOM. W. iii : �szsse��ereeaere.z�!�e�:s�sr_�: gee !�:�:rasr_�r:�e!�r_e!s�e!�seer: IZ development plan is r-equir-ed to be adopted thfough or-dinanee by the eeuReil Of the water- plan.] 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- 19S9 - , ] 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 .,,..a;,,. nee m be a i the s 0 mann as any g e n er a l or- di.,ance, The department of water supply, acting through its water board, shall have the authority to 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 IZ development plan is r-equir-ed to be adopted thfough or-dinanee by the eeuReil Of the water- plan.] 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- 19S9 - , ] 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 .,,..a;,,. nee m be a i the s 0 mann as any g e n er a l or- di.,ance, The department of water supply, acting through its water board, shall have the authority to 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. [Mandatory plan reviewwj Plan review. [ Th e u i': C ou n ty „to use a nd d of . „t „i shall be fev 1995 sere -as the plan review eemmittee Th p ng di for and the m anager- o f t h e depaAment of water supply shall ser-ve as teehfiieal adviser-s to the plan r- - i - eemmittee. The eofnmit4ee hall hold at least one publie heafing in East Hawai'i and- West Hawai'i in order- to aseet4ain whether- amendments to the plan are neeessar-y. eem fnit 4 ee .„ ame ndmei4s to the e plan .,,,a all s e „ sad amendments shall be submitted to the eouneil in bill for-fn no latef than Deeember- 3 �,-4 the plan r-eview yean] The Hawaii County water use and development plan shall be reviewed 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: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: December 15, 2010 Date of 1st Reading: December 15, 2010 Date of 2nd Reading: January 20, 2011 Effective Date: February 8, 2011 REFERENCES Conan. _ 4.3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Date Introduced: First Reading: Published: J Yoshimoto ROLL CALL VOTE 20, 2 011 AY SS" I OE S 'ABS I EX Blas X 8, 2011 Effective: Ford ' - X Published: February Hoffmann 2011 X X Ikeda X Onishi X X Pilago X X Smart X X Yagong X Yoshimoto X 5 4 0 0 December 15, 2010 D ecember 15, 2010 January 1, 2011 REMARKS: January 5, 2011 - Amended to Draft 3 and held over pursuant to Council Rule 24(e). Second Reading: January 20, 2 011 To Mayor: January 31, 2011 Returned: Feb ruary 8, 2011 Effective: February 8, 2011 Published: February 15, 2011 REMARKS: ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 6 1 2 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: -- ---�__ COUNCIL CHAIRPE N Ag$T L' r CORPORATION COUNSEL �1U" COUNTY OF HAWAII 'OU TY CLERK Date Bill No.: 326 (Draft 3) A rove isapproved t is '— day q/, L0� MAYOR, COUNTY OF HAWAI `I Reference: C- 4.3 /PC -103 Ord No.: 11 7 Ordinance Number 11 -7 I hereby certify that the following Ordinance passed second and final reading at the meeting of the County Council on January 20, 2011, by vote, as listed below. Ordinance 11 -7 (Bill 326, Draft 3) (2008- 2010): An Ordinance Amending Chapter 29, Hawaii County Code 1983 (2005 Edition), Relating to Water Use and Development. AYES: Council Members Blas, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 6; NOES: Council Member Ford — 1; ABSENT: Council Members Hoffmann and Onishi — 2; EXCUSED: None. J ae K. K. Kawauchi C my Clerk (Hawai`i Tribune - Herald — February 15, 2011) (West Hawaii Today — February 15, 2011)