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HomeMy WebLinkAboutREP PC 002 01/15/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: January 15, 1999 Re: C-72/Bill No. 20 PLACE: Councilroom TIME: 2:38 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 20, transmitted by Arborist Advisory Committee Chair David Tamura per Communication No. 72, dated December 11, 1998, regarding exceptional trees, reports as follows: Bill No. 20 amends Chapter 14, Article 10 of the Hawaii County Code, as amended, by providing "exceptional tree" status to the following: 1. The Chinese Weeping Banyan, owned by the State of Hawaii on property located at TMK: 2-2-28:08 on Kilauea Avenue. 2. The Grove of Monkeypod Trees, owned by the County of Hawaii on property located at TMK: 2-2-04:35 at the intersection of Kamehameha Avenue and Pauahi Street. 3. The Grove of Monkeypod Trees, owned by the County of Hawaii on property located at TMK: 2-2-04:56 at the intersection of Kamehameha Avenue and Pauahi Street. Pursuant to Chapter 58, Hawaii Revised Statutes, each County of the State has to establish an Arborist Advisory Committee to research, prepare and recommend to the county council exceptional trees to be protected by County ordinance or regulation. Pursuant to Article 10, Hawaii County Code, the County desires to enact protective regulations to preserve exceptional trees within the County. In the County of Hawaii, the Arborist Committee falls under the jurisdiction of the Planning Department, which enforces Article 10 and has the police power to take appropriate action to ensure compliance with the provisions of Article 10. As defined in the Hawaii Revised Statutes and Section 14-57 of the Hawaii County Code, "exceptional trees" means a tree or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality, or endemic status has been designated by the council as worthy of preservation. The term does not apply to trees planted for commercial forestry operations. PC-2 PC-2 Page 2 January I5, 1999 Deputy Planning Director, Russell Kokubun explained that before a tree can be designated as an exceptional tree, the owner must agree to the designation. The Arborist Committee then advises the property owners relative to the preservation and enhancement of exceptional trees, recommends to the county council appropriate protective ordinances, regulations, and procedures, and reviews all actions deemed by the county council to endanger exceptional trees. Mr. Tamura explained that the property owner is responsible for the maintenance of the trees; however, the Arborist Committee has to approve any maintenance work prior to it being done. The County is not liable for any damages. Your Committee needed to clarify the usage of the "Acceptance Form" because there was some confusion as to the fotrns submitted with Communication No. 72. Since Your Committee was informed that the County is not liable for damages, there were questions as to why the Director of Parks and Recreation signed the attached forms. It was explained that the Parks and Recreation Director signed the forms because the owner of the tree has to sign the acceptance form, and the Parks Department technically owns the trees. To avoid further confusion, Your Committee recommended that two sets of agreements be developed: one for the private property owners, and another for the government owned properties. Your Committee on Planning is in accord with the intent and purpose of Bill No. 20, and recommends it pass first reading. Respectfully submitted, COMMITTEE ON L L B B JEAN LEI HEAD-TODD, CHAIR PC REPORT NO. 2 AYES NOES A & E EX ~p Q 3 1999 LEITHEAD-TODD X ADOPTED: ~Ly TYLER X CHUNG X ELARIONOFF X JACOBSON X PISICCHIO X SMITH X YAGONG X ARAKAKI E.O.M.