HomeMy WebLinkAboutCOM 0073.012 2012-2014 Page 1 of 4
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Murashige, Laura COL ` i 3" :[ ERK
CNN'
From: Cory Harden [333cory @gmail.com]
Sent: Wednesday, July 16, 2014 10:51 AM 2014 JUL 17 All 9' 27
To: undisclosed-recipients:
Subject: ag tourism/ Bil 25 draft 2/Council Fri July 18
Attachments: ISSUE agricultural tourism 2013 8-20 County committee.docx
Hello Council members, I'm resubmitting our comments on ag tourism.
aloha, Cory Harden, Sierra Club, Moku Loa Group
suggested changes to Comm. 73.3 (Bill 25, draft 2) re agricultural tourism
for Hawai'i County Planning Committee, 2 PM Tuesday, August 20, 2013, Kona
from Cory Harden, Sierra Club, Moku Loa Group, PO Box 1137, Hilo, Hawaii 96721
mh @interpac.net 808-968-8965
SUGGESTIONS BASED ON BRENDA FORD'S UNOFFICIAL "BILL 266"
underline - add [strikeout] —delete italics—legal language needed
page 1, SECTION I
Agricultural tourism, ag-tourism and/or agri-tourism means...
Agribusiness...including...botanical garden
page 1, SECTION II
...enhancement or improvement includes...[ • • . •• , . • , • ,
page 2
major... a maximum of seven hundred visitors per week not to exceed thirty thousand visitors annually
page 3
(c) Plan approval shall be required ...bed and breakfast establishments as permitted under section 25-4-7
p-age 4, SECTION 4
(1) visits by buses, vans, and/or passenger vehicles
(-4) facilities to be utilized...including tents and canopies ...shall not exceed one thousand square feet in
total area, not including parking and vehicular accesses
page 5, SECTION 5, Section 25-2-76
(?) The director may only issue plan approval for a bed and breakfast establishment if the proposed use
meets all of the conditions contained in sections 25-2-77 and 25-4-7.
. • .. . • - • ..' . . - . - - - - - • '. . • .
Failure to render a decision within thirty days requires automatic denial of the plan approval.
(-d) For an agricultural tourism operation, the planning department shall conduct a site inspection prior to
issuing plan approval.
Comm. Nc,� 3 • I Z
Ref. To: 1
Ref. Dale JUL 1 8 2014
7/17/2014
Page 2 of 4
page 6
(2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily
I. . . . - - . . - . - .. . • - . '. . . - .
page 7
• . • • • • .• .• • • , •. - • •• _ - • • •S - - - - - - • •
• • •• I, • U . . • • • . . • • • . . • •• . • • • • - • • • • .•.,
• • •• • •• • •• • • • I 1 •• •
(?) Gross revenues from agricultural tourism shall:
(A)Not exceed fifty percent of the gross revenues of the associated agricultural activity and/or
agricultural products processing facility, including_revenues from adjacent parcles under the same
ownership.
Exceptions to this requirement may be offered by the Planning Director if:
(i) The gross agricultural products/processing income is lss than fifty percent of the total income, the
applicant must demonstrate to the director's staisfaction that the loss in gross revenues for the associated
agricultural activity and/ro agriculgtural products processing facility was due to undoreseen
environmental or economic conditions that did not occur for more than two consecutive years,or
(ii) Sufficient investment is made in a new agricultural activity or agricultural products processing
facility so a reasonable projection of that operation's gross revenues from agricultural tourism wil not
exceed fifty percent of gross revenues, and
(B) Include the sale of all items derived from the agricultural products grown or processed by the
associated agricultural activity or agricultural processing facility.
(-7) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties,
restaurants, schools, catered events, musical events, dances, mechanical amusement rides, dirt bikes, all
terrain vehicles, and other off-road motorized vehicles, or overnight accommodations
page 8
(?) A"farm market/on farm market/roadside stand" used solely to sell agricultural products raised on
that parcel of land is exempted from the minimum gross income requirement or the requirement of plan
approval for either major or minor agricultural tourism, provided that there is sufficient, safe, off-street
parking for vehicles.
(-?) agricultural tourism shall be prohibited in any area which may only be accessed by four-wheel-drive
vehicles and other sensitive areas
(-?) There shall be adequate road and site access for fire, ambulance, and police
(-?) Music or tour guide amplifiers provided during agricultural tourism activities or events shall not
exceed 60 dB at its place of origin or other locations with amplifiers. After the effective date of this
ordinance and on properties that operate without plan approval, such noise shall stop immediately while
plan approval compliance is in process
(-?) The planning department is responsible for enforcing this code
(-?) For agricultural tourism that uses privately owned and maintained roads the owner of the land on
which agricultural tourism occurs must pay the road association, if any, of that private road an additional
road assessment fee equal to one percent of its gross sales for road maintenance and provide plans
including the ability to repair the wear and tear on public or private roads cause by their agricultural
7/17/2014
Page 3 of 4
tourism operation.
(-?) At no time shall a vehicle involved with agricultural tourism block any public or private road.
(-?) Only one event per year may be held that has the weekly maximum number of visitors on a single
day
(-?)Owners of property used for agricultural tourism shall prevent their visitors from trespassing onto
their neighbors' property and shall clearly designate areas that are off-limits to visitors.
(-?) The applicant is responsible for obtaining any required permits and constructing appropriate sewage
disposal mechanisms that satisfy the State of Hawai'i's Department of Health requirements within six
months of plan approval. The applicant is responsible to provide the written documentation of
compliance with this requirement to the planning director. Failure of satisfy this requirement shall cause
the planning director to withdraw plan approval or any permits associated with agricultural tourism on
the applicant's property. No agricultural tourism activity or event shal be allowed before all State
Department of Health requirements are met.
(-?) Properties and facilities (buildings, tents, canopies, driveways, or parking lots) that are used for
agricultural tourism may have the agricultural tourism aspect of their parcel used to calculate its
property values by the County of Hawai'I; however, other parcels of land shall not be assessed based on
any agricultural tourism building or facilities on another agricultural tourism parcel of land.
(?) Owners of property to be used for agricultural tourism shall notify their neighbors within four
properties of their parcel in writing that they intend to do agricultural tourism within one week of
submitting their application for plan approval for both major and minor agricultural tourism.
(?) Appropriate signage shall be placed by the owner of the parcel to be used for agricultural tourism to
indicate legal access to the property and to reduce the incidence of vistors erroneously driving onto
another person's parcel of land.
(-?) Agricultural tourism shall not occur on any individual parcel of land for more than five days a week.
(-?) Dust control plans shall be provided and once accepted in the plan approval are required to be
maintained.
(-?) Confinement of any animals used in agricultural tourism shall be safe, humane, and adequate to
protect visitors and neighbors.
(-?) Design of facilities shall be compatible with the character of the neighborhood.
(-?) Fees and fines for agricultural tourism shall be placed in a separate revenue account, and
expenditures for inspectors shall be a separate line item in the finance department's operations budget.
P- age 8
(f) Any{major]-agricultural tourism activity...existing prior to the effective date of this section and
conforming to the standards contained in section 25-4-15 (d) and that has not received plan approval,
may continue subject to providing proof of compliance with this chapter and obtaining plan approval
within six months from the effective date of this ordinance.
(g) ...may continue such use until [May 20, 2010] for up to six months, and if an application for a
pseical permit or a use permit has been received and accepted [by May 20, 2010] within that six month
7/17/2014
Page 4 of 4
period may continue such use until final action has been taken on the application. After [May 20, 20101
six months from approval of this ordinance, or denial of the application, whichever occurs{later]-sooner,
continued use shall be considered illegal under this chapter.
(-i) ...becomes non-compliant...because of an increase in the number of visitors, shall apply for a plan
approval or final permit within six months of the change that caused the non-compliance...
p- age 9
(k) The director...may require that an activity [ obtain plan approval or apply for and
obtain a special permit within six months of written notification...{In that ease] During the application
process but not exceeding six months, the activity may continue...
(?) The planning director may request Schedulte F, General Excise Tax declaration to determine
compliance with this code.
OTHER SUGGESTIONS
Ag tourism operator must be owner, operator, or occupant of the farm, to keep local control
Buildings used by visitors must have adequate smoke detectors and exits
Operator must have general liability and product liability insurance
Property size and number of operations in any one neighborhood is limited
Penalties for violations are specified
Permit fees and fines are sufficient to fund enforcement
###
Cory Harden
Box 10265
Hilo, Hawai'i 96721
959-7747
7/17/2014
suggested changes to Comm. 73.3 (Bill 25, draft 2) re agricultural tourism
for Hawai'i County Planning Committee, 2 PM Tuesday, August 20, 2013, Kona
from Cory Harden, Sierra Club, Moku Loa Group, PO Box 1137, Hilo, Hawai'i 96721
mhinterpac.net 808-968-8965
SUGGESTIONS BASED ON BRENDA FORD'S UNOFFICIAL"BILL 266"
underline-add [strikeout]—delete italics— legal language needed
page 1, SECTION I
Agricultural tourism, ag-tourism and/or agri-tourism means...
Agribusiness...including...botanical garden
page 1, SECTION II
...enhancement or improvement includes...[-.--- •:• - - -- - - •-
page 2
major... a maximum of seven hundred visitors per week not to exceed thirty thousand visitors annually
page 3
(c) Plan approval shall be required ...bed and breakfast establishments as permitted under section 25-4-7
page 4, SECTION 4
(1) visits by buses, vans, and/or passenger vehicles
(4) facilities to be utilized...including tents and canopies ...shall not exceed one thousand square feet in
total area, not including parking and vehicular accesses
page 5, SECTION 5, Section 25-2-76
f?) The director may only issue plan approval for a bed and breakfast establishment if the proposed use
meets all of the conditions contained in sections 25-2-77 and 25-4-7.
(d) [If the director fails to render a decision within the thirty day period, the application shall be considerd
approved without further certification by the director.}
Failure to render a decision within thirty days requires automatic denial of the plan approval.
(d) For an agricultural tourism operation, the planning department shall conduct a site inspection prior to
issuing plan approval.
page 6
(2)Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily
[twenty minutes after sunset as forecasted for each day by the National Weather Service]
page 7
allowed, provided access to the major agricultural tourism site is available from a State or County road, or
upon approval of the planning director.)
(?) Gross revenues from agricultural tourism shall:
(A) Not exceed fifty percent of the gross revenues of the associated agricultural activity and/or agricultural
products processing facility, including revenues from adjacent parcles under the same ownership.
Exceptions to this requirement may be offered by the Planning Director if:
(i) The gross agricultural products/processing income is Iss than fifty percent of the total income, the
applicant must demonstrate to the director's staisfaction that the loss in gross revenues for the associated
agricultural activity and/ro aqriculgtural products processing facility was due to undoreseen environmental
or economic conditions that did not occur for more than two consecutive years,or
(ii) Sufficient investment is made in a new agricultural activity or agricultural products processing facility
so a reasonable projection of that operation's gross revenues from agricultural tourism wil not exceed fifty
percent of gross revenues, and
(B) Include the sale of all items derived from the agricultural products grown or processed by the
associated agricultural activity or agricultural processing facility.
(7) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants,
schools, catered events, musical events, dances, mechanical amusement rides, dirt bikes, all terrain
vehicles, and other off-road motorized vehicles, or overnight accommodations -• - - - -- - --- -
permit or use permit}
page 8
(?)A"farm market/on farm market/roadside stand" used solely to sell agricultural products raised on that
parcel of land is exempted from the minimum gross income requirement or the requirement of plan
approval for either major or minor agricultural tourism, provided that there is sufficient, safe, off-street
parking for vehicles.
(?)agricultural tourism shall be prohibited in any area which may only be accessed by four-wheel-drive
vehicles and other sensitive areas
(?)There shall be adequate road and site access for fire, ambulance, and police
(?) Music or tour guide amplifiers provided during agricultural tourism activities or events shall not exceed
60 dB at its place of origin or other locations with amplifiers. After the effective date of this ordinance and
on properties that operate without plan approval, such noise shall stop immediately while plan approval
compliance is in process
(?)The planning department is responsible for enforcing this code
(?) For agricultural tourism that uses privately owned and maintained roads the owner of the land on
which agricultural tourism occurs must pay the road association, if any, of that private road an additional
road assessment fee equal to one percent of its gross sales for road maintenance and provide plans
including the ability to repair the wear and tear on public or private roads cause by their agricultural
tourism operation.
(?)At no time shall a vehicle involved with agricultural tourism block any public or private road.
(?) Only one event per year may be held that has the weekly maximum number of visitors on a single day
(?)Owners of property used for agricultural tourism shall prevent their visitors from trespassing onto their
neighbors' property and shall clearly designate areas that are off-limits to visitors.
(?) The applicant is responsible for obtaining any required permits and constructing appropriate sewage
disposal mechanisms that satisfy the State of Hawai'i's Department of Health requirements within six
months of plan approval. The applicant is responsible to provide the written documentation of compliance
with this requirement to the planning director. Failure of satisfy this requirement shall cause the planning
director to withdraw plan approval or any permits associated with agricultural tourism on the applicant's
property. No agricultural tourism activity or event shal be allowed before all State Department of Health
requirements are met.
(?) Properties and facilities (buildings, tents, canopies, driveways, or parking lots) that are used for
agricultural tourism may have the agricultural tourism aspect of their parcel used to calculate its property
values by the County of Hawaii; however, other parcels of land shall not be assessed based on any
agricultural tourism building or facilities on another agricultural tourism parcel of land.
(?) Owners of property to be used for agricultural tourism shall notify their neighbors within four properties
of their parcel in writing that they intend to do agricultural tourism within one week of submitting their
application for plan approval for both major and minor agricultural tourism.
(?)Appropriate signage shall be placed by the owner of the parcel to be used for agricultural tourism to
indicate legal access to the property and to reduce the incidence of vistors erroneously driving onto
another person's parcel of land.
(?)Agricultural tourism shall not occur on any individual parcel of land for more than five days a week.
(?) Dust control plans shall be provided and once accepted in the plan approval are required to be
maintained.
(?) Confinement of any animals used in agricultural tourism shall be safe, humane, and adequate to
protect visitors and neighbors.
(?) Design of facilities shall be compatible with the character of the neighborhood.
(?) Fees and fines for agricultural tourism shall be placed in a separate revenue account, and
expenditures for inspectors shall be a separate line item in the finance department's operations budget.
Page 8
(f)Any[major] agricultural tourism activity...existing prior to the effective date of this section and
conforming to the standards contained in section 25-4-15 (d) and that has not received plan approval,
may continue subject to providing proof of compliance with this chapter and obtaining plan approval within
six months from the effective date of this ordinance.
(g) ...may continue such use until [May 20, 2010]for up to six months, and if an application for a pseical
permit or a use permit has been received and accepted [by May 20, 2010] within that six month period
may continue such use until final action has been taken on the application. After[May 20, 2010] six
months from approval of this ordinance, or denial of the application, whichever occurs Hater}sooner,
continued use shall be considered illegal under this chapter.
(i) ...becomes non-compliant...because of an increase in the number of visitors, shall apply for a plan
approval or final permit within six months of the change that caused the non-compliance...
page 9
(k)The director...may require that an activity [be requ1Yed to] obtain plan approval or apply for and obtain
a special permit within six months of written notification...[In that case] During the application process but
not exceeding six months, the activity may continue...
(?)The planning director may request Schedulte F, General Excise Tax declaration to determine
compliance with this code.
OTHER SUGGESTIONS
Ag tourism operator must be owner, operator, or occupant of the farm, to keep local control
Buildings used by visitors must have adequate smoke detectors and exits
Operator must have general liability and product liability insurance
Property size and number of operations in any one neighborhood is limited
Penalties for violations are specified
Permit fees and fines are sufficient to fund enforcement
###