HomeMy WebLinkAboutBIL 185 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Finance Committee - September 30, 2014
Action: Withdrawn by introducer (Wille).
Re: Bill 185; Comm. 614 (2012-2014 teen)
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 185
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 1, ARTICLE 7, AND
ARTICLE 8 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO NON -DEDICATED AGRICULTURAL USE ASSESSMENT AND
COMMERCIAL AGRICULTURAL USE DEDICATION FOR CERTIFIED ORGANIC
OPERATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION L Chapter 19, article 1, section 19-2 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by adding a new definition to be appropriately
inserted and to read as follows:
""Certified organic operations" includes a production or handling operation
that is certified by an accredited organic certif�g agent."
SECTION 2. Chapter 19, article 1, section 19-2 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending the definition of "commercial
agricultural use dedication" to read as follows:
""Commercial agricultural use dedication" means the use of land on a
continuous and regular basis that demonstrates the owner is engaged in commercial
agricultural activities from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry; [or]
(4) Pasture and slow rotation forestry[..], or
(5) Certified organic operations."
SECTION 3. Chapter 19, article 1, section 19-2 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending the definition of "nondedicated
agricultural use assessment" to read as follows:
""Nondedicated agricultural use assessment' means the present use of
agricultural or residential and agricultural zoned land on a continuous and regular
basis that demonstrates the owner is engaged in agricultural activities from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry; [mer]
(4) Pasture and slow rotation forestry[...], and/or
(5) Certified organic operations."
SECTION 4. Chapter 19, article 1, section 19-2 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by adding a new definition to be appropriately
inserted and to read as follows:
""Organic certifying agent" means any entity accredited by the United States
Department of Agriculture as a certifying agent for the purpose of certifying a
production or handling_ operation as a certified organic operation."
SECTION 5. Chapter 19, article 7, section 19-57 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending subsection (a) to read as follows:
"(a) Lands classified and used for agriculture and which are not dedicated pursuant to
section 19-60, may be assessed for real property tax purposes as established in
subsection (a)(2) of this section and shall be subject to the following:
(1) The land in nondedicated agricultural use must be used on a continuous and
regular basis for intensive agriculture, orchards, feed crops and fast rotation
forestry., [or] pasture and slow rotation forestry, or certified organic
operations on lands zoned by the County to be in the districts of
agricultural, residential and agricultural, family agricultural, intensive
agricultural, and agricultural project district;
(2) The portion of land that is committed in specific nondedicated agricultural
use shall be assessed at two times the dedicated agricultural use value as
established by the director of finance under this chapter; and
(3) A farm dwelling site shall be assessed at the highest commercial agriculture
use value, provided that the maximum farm dwelling site area to be
assessed at the highest commercial agriculture use value shall not exceed
one-fourth acre."
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SECTION 6. Chapter 19, article 8, section 19-60 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending subsection (a) to read as follows:
"(a) A special land reserve is established to enable the owner of any parcel of land, or
lessee of a recorded agricultural lease with a minimum of five years remaining on
the lease at time of petition, to dedicate the land for a specific commercial
agricultural use dedication, and to have the land assessed its value in such use for a
period of ten years, or in the case of a recorded agricultural lease the term of the
lease up to ten years, provided:
(1) The land dedicated for commercial activity must be used on a continuous and
regular basis for intensive agriculture, orchards, feed crops and fast rotation
forestry, [of] pasture and slow rotation forestry, or certified organic operations
and have a minimum lot size per farm operation for that dedicated category of
commercial activity as provided for in the administrative rules and regulations
of the department; and
(2) The land is within the County zoned district of agricultural, residential and
agricultural, family agricultural, intensive agricultural, agricultural project
district, or any other County zoned district meeting with the approval of the
director of planning."
SECTION 7. Chapter 19, article 8, section 19-60 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending subsection (c) to read as follows:
"(c) Determining agricultural use value.
(1) In determining the value of lands which are classified and used for
commercial agriculture use, consideration shall be given to rent, productivity,
nature of actual commercial agricultural use, the advantage or disadvantage of
factors such as location, accessibility, transportation facilities, size, shape,
topography, quality of soil, water privileges, availability of water and its cost,
easements and appurtenances, and to the opinions of persons who may be
considered to have special knowledge of land values.
(2) [] Five general agricultural categories shall be used in determining the
value of lands which are dedicated for commercial agriculture:
(A) "Intensive agriculture," which includes such crops as vegetables, ginger,
taro, herbs, nurseries, foliage, cut and potted flowers, piggeries, dairy,
poultry, feedlots, aquaculture, honey and honeybees.
(B) "Orchards," which includes such crops as macadamia nuts, guava,
banana, papaya, avocado, grapes, passion fruit, coffee, citrus, cacao,
pineapple and tropical specialty fruits.
(C) "Feed crops and fast rotation forestry," which includes forage crops,
seed crops, cane, short rotation forestry, biomass, grasses, etc.
(D) "Pasture and slow rotation forestry," which includes pasture and longer
rated forestry.
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(E) "Organic certified operations," which includes a production or handling
operation that is certified by an accredited organic certifying agent. Land
dedicated under this category shall be assessed in the same manner and
at the same value as pasture and slow rotation forestry.
(3) Lands classified as tree farm property pursuant to chapter 186, Hawaii
Revised Statutes, shall be considered for classification and valuation as
agricultural.
(4) The portion of land that is not dedicated for commercial agriculture use shall
be assessed based on the proportional market value of the total property.
(5) A farm dwelling site shall be assessed at the highest commercial agricultural
use value, provided that the maximum farm dwelling site area to be assessed
at the highest commercial agriculture use value shall not exceed one-fourth
acre."
SECTION 8. 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 to be included.
SECTION 9. 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 10. This ordinance shall take effect on July 1, 2014
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Corr. 614
INTRODUCED BY:
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