HomeMy WebLinkAboutCOM 0979.006 2014-2016 Margaret Wille -tvloF p•-' Phone No.Hilo: (808)961-8027
Council Member
o°• '�,' Phone No. Waimea: (808) 887-2043
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District 9-North and South Kohala „��;' Fax No.: (808)887-2072
i*- E-Mail: mwille@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building Holomua Center West Hawaii Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo,Hawaii 96720 Waimea, Hawai`i 96743 Kailua-Kona, Hawaii,96740
TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawai`1 County Council ::d c)
FROM: ,Margaret Wille, Council Mem...:;
DATE: October 3, 2016 '
SUBJECT: Proposed Amendments to Bill No. 227, Relating to Agricultural Tourism.
Please find attached proposed amendments to Bill No. 227. The proposed amendments are
illustrated below in Ramseyer format with respect to the contents of Bill No. 227 (material to be
deleted is bracketed and stricken, material to be added is underscored). A draft copy of Bill No.
227, Draft 2, is attached with the amendments incorporated therein.
1. Bill No. 227 is amended by amending SECTION 1 to read as follows:
"SECTION 1. Chapter 25, article 1, section 25-1-5, subsection(b) of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by amending the definition of"Agricultural
tourism"to read as follows:
""Agricultural tourism"means [ • ' _ _ -. •-- , -- • . . • ,
products] visitor-related commercial activities or periodic special events designed to
promote agricultural activities conducted on a working farm, ranch, or agricultural
products processing facility, including agricultural based commercial operations as
described in Hawaii Revised Statute section 205-2(d)(15). The term"agricultural
tourism" does not include educational tours sponsored and conducted by public or
private schools located within the County." 11, (I
comm. No. 31C-
Ref. To:
•
Rif. Date OCZ fl
Serving the Interests of the People of Our Island
Hawaii County Is An Equal Opportunity Provider And Employer
2. Bill No. 227 is amended by amending SECTION 2 to read as follows:
" SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to
be appropriately inserted and to read as follows:
"Agricultural products" means the commodities resulting from income producing activities
or uses such as the cultivation of crops, including but not limited to flowers, vegetables, foliage,
fruits, forage, and timber; apiary activities, including but not limited to royal jelly, bee pollen,
and beeswax; farming or ranching activities or uses related to animal husbandry, aquaculture, or
game and fish propagation; and production of compost or mulch.
"Agriculturally-related products" means items sold to attract customers and promote the
sale of agricultural products related to the farm and to agriculture in Hawai`i generally.
a.a.t... ..I.I
host between five thousand and thirty thousand visitors annually.
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3. Bill No. 227 is amended by amending SECTION 3 to read as follows:
"SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by amending subsection(g)to read as
follows:
(g) Plan approval shall be required for any agricultural tourism operation as
permitted under section 25-4-15 [( ](d)prior to the construction or
installation
of any new structure and for any addition to an existing structure that exceeds
ten percent of the existing structure.”
4. Bill No. 227, is amended by amending SECTION 4 to read as follows:
"SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
2
"Section 25-2-75. Plan approval application requirements for agricultural tourism
operations.
(a) In addition to the application requirements for plan approval contained in section
25-2-72, an application for plan approval for agricultural tourism operations shall
include sufficient information to ensure the following provisions are met:
(1) A statement whether the operation will allow visits by buses, and if so,
the statement shall include the carrying capacity of any bus that may
visit the agricultural tourism operation;
(2) Adequate on-street or off street parking, loading, unloading, and turn-around
space to accommodate all specified tour transportation modes, including buses
if they are allowed, shall be provided and shown on the site plan;
(3) A statement demonstrating that the subject property has adequate legal access
to a public highway;
(4) Vehicular and pedestrian access ways and existing facilities to be utilized
principally for the agricultural tourism activity shall be clearly indicated on
the plot plan; and
(5) A statement of compliance that the applicant is engaged in agricultural
activity consistent with the provisions of section 25-4-15(d).
(b) Applicants proposing [a minor] agricultural tourism operation may request
from the director a waiver from the requirement for a site drainage plan as
provided in section 25-2-72, upon providing evidence to the director's
satisfaction that there would be no significant run-off resulting from the
proposed development.
5. Bill No. 227, is amended by amending SECTION 5 to read as follows:
"SECTION 5. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai`i
County Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-4-15. Agricultural tourism.
(a) Agricultural tourism is permitted as an accessory use to agricultural processing
facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts.
(b) Agricultural tourism is permitted as an accessory use to agricultural activities and
agricultural processing facilities in the A, FA, IA, RA, and APD districts, provided
the agricultural tourism operation conforms with section 25-4-15(d).
3
(c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not
conform to section 25-4-15(d) shall obtain a special permit in the State land use
agricultural or rural districts, or a use permit in the State land use urban district.
(d) Agricultural tourism operations shall comply with the following regulations:
(1) [' _ • . . . - . - ' . .. . . ' .' _ ' . .. . . .. .
processing facility must have a minimum of[$10,000] $2,000 in verifiable gross
sales, exclusive of any income from agricultural tourism activities or any other
agricultural tourism activity or, in the case of a new agricultural activity or
satisfaction that sufficient investment has been made in the planting of crops,
intended to achieve the minimum required gross sales[;] within the foreseeable
future]
The agricultural tourism operation shall have a maximum of-ten thousand
visitors annually unless allowed by special permit or use permit;
(2) Hours of operation: Agricultural tourism activities shall not commence prior to
[8:00 a.m.] sunrise or continue past 6:00 p.m. daily, unless otherwise approved
by the commission upon a finding there will be no significant adverse impact
on the surrounding neighborhood;
[(3) Noise: Agricultural tourism operations shall comply with chapter 11, article 3
-• .. . . - - . . .'`' ' . _ . . - , - . _ . .
subject property;]
[E4 ] fl) Vehicular accommodation:
(A) There shall be adequate road and site access for fire, ambulance, police,
and any other vehicles related to emergency response;
(B) All visitor and employee parking, loading/unloading, and vehicular turn-
around areas shall be located on-site, unless otherwise approved by the
4
director to ensure there will be no significant adverse impact on the
surrounding neighborhood;
[(5) Liability insurance: All agricultural tourism operations shall maintain liability
insurance in an amount customarily available for the type of agricultural
[(6)] (4) Agricultural tourism gross revenue limitation and exceptions: Gross
revenues from agricultural tourism shall not exceed the gross revenues of the
associated agricultural activity and/or agricultural products processing facility;
provided, however, this provision may be waived if the operator can provide
evidence to the director's satisfaction that: (1) the revenue from the associated
agricultural activity and/or agricultural processing facility was adversely
impacted due to unforeseen environmental or economic conditions; or(2) the
agricultural activity or agricultural products processing facility is in a
developmental stage and is therefore unable to generate revenue in excess of the
revenue generated by the agricultural tourism operation, in which case this
exception may be granted for up to three consecutive years.
An additional exception may be approved by the director for up to nine years in
exceptional cases, such as due to extreme agricultural hardship or for production
of trees with an exceptionally long period prior to maturation of the produce;
[(7)] (4) Sale of agricultural items not related to the agricultural activity where the
agricultural tourism operation is established: Sales of agricultural products
grown on the island of Hawai`i, and processed agricultural products where the
main ingredient was grown on the island of Hawai`i shall be allowed as part of
the agricultural tourism operation [provided,the revenue from off site produce
and agricultural products does not exceed the revenue from the sale of on site
produce and agriculturalproducts. Juice and water products may be sold in
unlimited quantities];
[(s)] (5) Incidental sales of non-agricultural promotional items: Incidental sales of
non-agricultural promotional items, including but not limited to, coffee mugs,
tee shirts, etc., shall be permitted,provided the items are specifically
promotional to the site's agricultural activities and/or product;
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[(9)] (6) Limitation on certain events: Agricultural tourism in the A, FA, IA, and RA
districts shall not include weddings,parties, restaurants, schools, catered events,
or overnight accommodations, unless allowed by special permit or use permit;
[( )] (7) Annual agricultural events permitted: Annual events that promote an
agricultural industry or agricultural area, and organized on a not-for-profit basis,
are permitted in the A, FA, IA, RA, and APD districts without plan approval;
[(11)] (8) Prohibited locations: Agricultural tourism shall not be permitted in
Waipi`o Valley or in other locations where the property is not accessible
other than by four-wheel drive; and
[(12)] n Termination requirement: Agricultural tourism operations shall
immediately terminate upon cessation of the farming operation.
[(e) Additional requirements for major a_ ' . . . .. ' -- .. - . • . -
regulations:
have an existing legal access to a public highway, which may be via a
private road or easement provided the private road or easement is used
access to the major agricultural operation is available from a State or
County highway.]
[(O] (e) Any agricultural tourism operation that is not in compliance with section 25-4-
15(d) or appropriately permitted pursuant to section 25-4-15(c) shall be considered
illegal under this chapter, unless otherwise noted herein.
[(g)] (f) Any agricultural tourism operation in the A, FA, IA, RA, or APD districts,
existing prior to the effective date of this ordinance that has not received plan
approval, may continue to operate provided proof of compliance with section 25-4-
15(d) is submitted to the director on or before July 1, 2017.
[(h)] (g) Any agricultural tourism operation in the A, FA, IA, RA, or APD districts,that
does not conform to the standards in section 25-4-15(d), and which has not previously
6
received a special permit or use permit for such activity under section 25-2-61, may
continue such use until July 1, 2017, and if an application for plan approval under
section 25-2-71 or a special permit under 25-2-61 has been received by July 1, 2017,
may continue such use until final action has been taken on the application. After
July 1, 2017, or denial of the application, whichever occurs later, the operator shall
have ninety days to cease and desist with all agricultural tourism operations. Any
continued use beyond those ninety days shall be considered illegal under this chapter.
[(i)] (h) An agricultural tourism operation that becomes non-compliant with the standards
of section 25-4-15(d) because of an increase in the number of visitors, shall apply for
plan approval or a special permit within ninety days of noncompliance, and may
continue to operate until a final decision is made on the plan approval or special
permit application.
[6-)] Cu An agricultural tourism operation shall register with the department annually on a
form prescribed by the director and submit financial records and a daily visitor count
record to the director on an annual basis to verify compliance with this section, in
such format as the director may require. The daily visitor count record shall also be
furnished to the director upon request.jThe annual registration form shall include:
( ) -Location of the agricultural tourism oper .- '- .- _ .. - •- . • .
address and tax map key(s);
( ) Description of the agricultural activity practiced at the provided location;
( ) Description of the type of agricultural tourism that will be conducted, including
offered for sale; and
email (if applicable).]
Each operation shall require separate registrations and a processing fee of$100 per
location. The director may request additional information pertinent to the registration of the
agricultural tourism operations provided the requested information is relevant to the
provisions of this chapter, and further provided that the information is not protected
intellectual property.
7
[( )] (j) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism operation complies with section 25-4-
15(d), and may require that an operation obtain plan approval or apply for a special
permit based on such observations.
[(1)] (k) The director may conduct a site inspection for any proposed agricultural
tourism operation and may make periodic inspections on any agricultural
tourism operation without prior notification.
Km)] a)In the event of any violation of this section, the operator may be fined up
to $1,000, however unless provided otherwise in County or State law, the
operator shall have ninety days to correct the violation. If the violation
continues past ninety days, the operator may be fined $1,000 per day for each
additional day that the violation continues."
MW/dh
Att.
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P
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1,ARTICLE 2, AND
ARTICLE 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO AGRICULTURAL TOURISM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 1, section 25-1-5, subsection(b) of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by amending the definition of"Agricultural
tourism"to read as follows:
""Agricultural tourism"means visitor-related commercial activities or periodic special
events designed to promote agricultural activities conducted on a working farm, ranch, or
agricultural products processing facility, including agricultural based commercial operations as
described in Hawaii Revised Statute section 205-2(d)(15). The term"agricultural tourism" does
not include educational tours sponsored and conducted by public or private schools located
within the County."
SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to be
appropriately inserted and to read as follows:
"Agricultural products" means the commodities resulting from income producing activities
or uses such as the cultivation of crops, including but not limited to flowers, vegetables, foliage,
fruits, forage, and timber; apiary activities, including but not limited to royal jelly, bee pollen,
and beeswax; farming or ranching activities or uses related to animal husbandry, aquaculture, or
game and fish propagation; and production of compost or mulch.
"Agriculturally-related products" means items sold to attract customers and promote the
sale of agricultural products related to the farm and to agriculture in Hawai`i generally."
SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by amending subsection(g) to read as
follows: _
9
"(g) Plan approval shall be required [for the establishment of any agricultural tourism
activity as permitted under section 25 'I 15(b).] for any agricultural tourism
operation as permitted under section 25-4-15(d)prior to the construction or
installation of any new structure and for any addition to an existing structure that
exceeds ten percent of the existing structure."
SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-2-75. Plan approval application requirements for agricultural tourism.
(a) In addition to the application requirements for plan approval contained in section
25-2-72, an application for plan approval for agricultural tourism operations shall
include sufficient information to ensure the following provisions are met:
(1) A statement whether the operation will allow visits by buses[;], and if
so, the statement shall include the carrying capacity of any bus that
may visit the agricultural tourism operation;
(2) Adequate on-street or off street parking, [loading/unloading,] loading,
unloading, and turn-around space to accommodate all specified tour
transportation modes, including buses[;] if they are allowed, shall be provided
and shown on the site plan;
which may be via a private road or easement, and new driveways shall meet
. .. ' . . - . -- . ... . ;] A statement demonstrating that the
subject property has adequate legal access to a public highway;
(4) [New] Vehicular and pedestrian access ways and existing facilities to be
utilized principally for the agricultural tourism activity shall be clearly
indicated on the plot plan [and shall not exceed one thousand square feet in
. - .. ., . - . ., . - - ]; and
(5) [Proof, acceptable to the director, of income from agricultural activities and/or
agricultural products processing, or investment, as required under section 25
'1 15(d)(1).] A statement of compliance that the applicant is engaged in
agricultural activity consistent with the provisions of section 25-4-15(d).
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(b) Applicants proposing a agricultural tourism operation may request from the director
a waiver from the requirement for a site drainage plan as provided in section 25-2-
72, upon providing evidence to the director's satisfaction that there would be no
significant run-off resulting from the proposed development."
SECTION 5. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-4-15. Agricultural tourism.
(a) Agricultural tourism is permitted as an accessory use to agricultural processing
facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts.
(b) Agricultural tourism is permitted as an accessory use to agricultural activities and
agricultural processing facilities in the A, FA, IA, RA, and APD districts, [subject to
plan approval and in conformance with section 25 /1 15(d).] provided the agricultural
tourism operation conforms with section 25-4-15(d).
(c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not
conform to section 25-4-15(d) shall obtain a special permit in the [state] State land
use agricultural or rural districts, or a use permit in the [state] State land use urban
district.
(d) Agricultural tourism operations shall comply with the following regulations:
(1) [The agricultural activity or agricultural products processing facility must have
year preceding the commencement of the agricultural tourism activity or, in the
case of a new agricultural activity or agricultural products proce"sing facility,
provide evidence to the director's satisfaction that sufficient investment has
been made in the planting of crops, acquisition of livestock, or construction of
The agricultural tourism operation shall have a maximum of-ten thousand
visitors annually unless allowed by special permit or use permit;
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(2) Hours of operation: Agricultural tourism activities shall not commence prior to
[8:00 a.m.] sunrise or continue past 6:00 p.m. daily[;], unless otherwise
approved by the commission upon a finding there will be no significant adverse
impact on the surrounding neighborhood;
visitors annually;]
[E4)] a) Vehicular accommodation:
(A) There shall be adequate road and site access for fire, ambulance, police,
and any other vehicles related to emergency response;
(B) All visitor and employee parking, loading/unloading, and vehicular turn-
around areas shall be located [off street;] on-site, unless otherwise
approved by the director to ensure there will be no significant adverse
impact on the surrounding neighborhood;
principally for the agricultural tourism activity, but not including parking and
vehicular access areas, shall not e -. . .. •. - - ••, -- ;]
[E6}] (4) Agricultural tourism gross revenue limitation and exceptions: Gross
revenues from agricultural tourism shall not exceed the gross revenues of the
associated agricultural activity and/or agricultural products processing facility [;
including - - ..•. -- .. . - ., - . - -•:, .
•
where it can . - . - -- .• . ' . ' . . --
•
income due to .. . . - - - - -- .' . . - - . - - . - . - - - -
•
•
made so that it is - . . . - . . . • - -- . - ' - S .
agricultural tourism will not exceed fifty percent of gross revenues, and
provided further, . •- . - . • • - -- • - - •- • . . • - --
grown or processed by the associated agricultural activity or agricultural
be included in the - - -- '
processing facilityshall -
p g g
12
., . - _ ' . . . . ' ' ;] ; provided, however, this
provision may be waived if the operator can provide evidence to the director's
satisfaction that: (1) the revenue from the associated agricultural activity and/or
agricultural processing facility was adversely impacted due to unforeseen
environmental or economic conditions; or(2) the agricultural activity or
agricultural products processing facility is in a developmental stage and is
therefore unable to generate revenue in excess of the revenue generated by the
agricultural tourism operation, in which case this exception may be granted for
up to three consecutive years.
An additional exception may be approved by the director for up to nine years in
exceptional cases, such as due to extreme agricultural hardship or for production
of trees with an exceptionally long period prior to maturation of the produce;
[(7)] (4) Sale of agricultural items not related to the agricultural activity where the
agricultural tourism operation is established: Sales of agricultural products
grown on the island of Hawai`i, and processed agricultural products where the
main ingredient was grown on the island of Hawai`i shall be allowed as part of
the agricultural tourism operation[:]i
[(-8)] (5) Incidental sales of non-agricultural promotional items: Incidental sales of
non-agricultural promotional items, including but not limited to, coffee mugs,
tee shirts, etc., shall be permitted.,provided[:] the items are specifically
promotional to the site's agricultural activities and/or product;
[ .. . .. - - - - - - _ - -•and/or product; and
activities;]
[(9)] (6) Limitation on certain events: Agricultural tourism in the A, FA, IA, and RA
districts shall not include weddings,parties, restaurants, schools, catered events,
or overnight accommodations, unless allowed by special permit or use permit;
[and]
13
[{-1-0)] �7,�Annual agricultural events permitted: Annual events that promote an
agricultural industry or agricultural area, and organized on a not-for-profit basis,
are permitted in the A, FA, IA, RA, and APD districts without plan approval[.-];
[(11)] Prohibited locations: Agricultural tourism shall not be permitted in
Waipi`o Valley or in other locations where the property is not accessible
other than by four-wheel drive; and
[(12)] (9) Termination requirement: Agricultural tourism operations shall
immediately terminate upon cessation of the fanning operation.
(e) Any agricultural tourism [activity] operation that is not in compliance with [the
regulations-under] section 25-4-15(d) or appropriately permitted [as provided by]
pursuant to section 25-4-15(c) shall be considered illegal under this chapter, unless
otherwise noted herein.
(f) Any agricultural tourism [activity] operation in the A, FA, IA, [FA,] RA, or APD
districts, existing prior to the effective date of this [section and conforming to the
standards contained in section 25 4 15(d) and] ordinance that has not received plan
approval, may continue [ . - . - . • ! ! e. ' - - -• -• - • • •
to operate provided proof of compliance with section 25-4-15(d) is submitted to the
director on or before July 1, 2017.
(g) Any agricultural tourism [activity] operation in the A, FA,IA, [FA,] RA, or APD
districts, that does not conform to the standards in section 25-4-15(d), and which has
not previously received a special permit or use permit for such activity[;] under
section 25-2-61,may continue such use until [May 20, 2010,] July 1, 2017,and[;] if
an application for [. • ---• - • . - • --- • - -- - -• • • . • - •
May 20, 2010,] plan approval under section 25-2-71 or a special permit under 25-2-
61 has been received by July 1, 2017, may continue such use until final action has
been taken on the application. After [May 20, 2010,] July 1, 2017, or denial of the
application, whichever occurs later, the operator shall have ninety days to cease and
desist with all agricultural tourism operations. Any continued use beyond those ninety
days shall be considered illegal under this chapter.
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section 25 1 15(d).]
[ i] (h) An agricultural tourism [activity] operation that [obtains plan approval, but]
becomes non-compliant with the standards of section 25-4-15(d) because of an
increase in the number of visitors, shall apply for plan approval or a special permitf 1
within ninety days of noncompliance, [but] and may continue to operate until a final
decision is made on the plan approval or special permit application.
[(}] (i) An agricultural tourism [activity] operation [which has received plan approval]
shall register with the department annually on a form prescribed by the director and
submit financial records and a daily visitor count record to the director on [request] an
annual basis to verify compliance with this section, [and shall maintain a count of
• • - - . - -• - . - -- :• _ : . .] in such format as the
director may require. The daily visitor count record shall also be furnished to the
director upon request
Each operation shall require separate registrations and a processing fee of$100 per
location. The director may request additional information pertinent to the registration of the
agricultural tourism operations provided the requested information is relevant to the
provisions of this chapter, and further provided that the information is not protected
intellectual property.
[(k)] (j) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism [activity] operation complies with section
25-4-15(d)[(3)], and may require that an [activity allowed with] operation obtain plan
approval or apply for a special permit based on such observations. [In that case, the
(k) The director may conduct a site inspection for any proposed agricultural
tourism operation and may make periodic inspections on any agricultural
tourism operation without prior notification.
(fl In the event of any violation of this section, the operator may be fined up to $1,000,
however unless provided otherwise in County or State law, the operator shall have
15
ninety days to correct the violation. If the violation continues past ninety days,the
operator may be fined $1,000 per day for each additional day that the violation
continues."
SECTION 6. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 7. 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.
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