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Home My WebLink AboutCOM 0979.009 2014-2016 ?tc CoM►k-4. I79 Murashige, Laura From: Cory Harden<333cor @gmail.com> o ,e1.44 Sent: Sunday, October 02, 2016 7:59 PM co` C ; Subject: Bill 227: ag tourism PC 10-4-16 Attachments: ISSUE agricultural tourism 2016 10-4 PC.docx ,. .•.< i,;; attachment is identical comments on Bill 227: ag tourism for Hawai'i County Council Planning Committee, 1:30 PM Tuesday,=October 4, 2016 from Cory Harden, Sierra Club, Moku Loa group, Box 1137, Hilo,, awa1 i 96721 333cory@gmail.com 959-7747 We appreciate Council's continuing work on this. After meeting with Planning Department staff Lani Weigert of the Hawai'i Agricultural Tourism Association, and Margaret Wille, we continue to support greater focus on agriculture and protection for neighbors, and less focus on tourism. Notes below. small letters—Bill 227, Sept. 30, 2016 draft CAPITALS—SIERRA CLUB RECOMMENDATIONS italics--comments DEFINITION OF AG TOURISM "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 [State law]" AG PRODUCTS Compost Mulch Crops Fruits Vegetables Herbs Flowers Foliage Forage Timber Apiary products—honey, royal jelly, bee pollen, beeswax Aquaculture products (fish, fish products, algae/limu, water plants, shellfish) Game on hunting preserve BUT BOW HUNTING ONLY, AND CARCASSES MUST BE REMOVED,NOT LEFT TO ATTRACT SCAVANGERS, INSECTS AND DISEASE-CAUSING ORGANISMS LIVESTOCK AND LIVESTOCK PRODUCTS (MILK, EGGS, ETC.) DEFINED AS AGRICULTURE Botanical garden Comm. Ni. . Farm Ref. To: 11 Orchard Ref. Dote OCT 0 4 269W-- Winery Greenhouse 1 Agricultural products processing facility Animal husbandry Companion animal or livestock show include? Hunting preserve ' Ranching NOT UNDER AG TOURISM REGULATIONS Farm market/on farm market/roadside stand used solely to sell ag products raised on that parcel Of land, with sufficient, safe, off-street parking NOT ALLOWED AS AG TOURISM Weddings Parties Restaurants School events Catered events Overnight accomodations MUSICAL EVENTS DANCES MECHANICAL AMUSEMENT RIDES DIRT BIKES,ALL-TERRAIN VEHICLES, AND OTHER OFF-ROAD MOTORIZED VEHICLES HUNTING WITH GUNS SALES Ag tourism revenues shall not exceed ag revenues unless operator proves they had a bad year, or are in developmental stage Sales allowed for • ag products grown on-island • processed ag products with main ingredient from on-island • juice and water • non-ag items that promote site's ag activities AG REVENUES INCLUDE REVENUES FROM ADJACENT LAND UNDER SAME OWNERSHIP COUNT AS AG TOURISM REVENUE—REVENUE FROM SALES OF-- • ITEMS CONTAINING AG PRODUCTS GROWN OR PROCESSED BY THE ASSOCIATED AG OR AG PROCESSING FACILITY • NON-AG PROMOTIONAL ITEMS OPERATOR MUST VERIFY REVENUES EACH YEAR WITH A SCHEDULE F GENERAL EXCISE TAX DECLARATION. VISITOR LIMITS • No more minor/major categories Max 10,000 visitors a year(about 30 a day) COUNT DAILY don't burden neighbors with many comings and goings If excess visitors, apply to get legal in [90 DAYS] 60 DAYS and keep operating till decision made Hours [sunrise] 8 AM to 6 PM unless commission decides longer wouldn't impact neighbors Exceptions allowed if planning director finds there will be no significant impact on neighborhood MAX 5 DAYS A WEEK NO LARGE ANNUAL EVENTS many new people in neighborhood, traffic, road wear,people may return and cause trouble SIZE/ DENSITY/COMBATIBILITY 2 No ag tourism in 4-wheel drive areas and sensitive areas such as Waipio Valley. LOT SIZE AT LEAST 5 ACRES 1,000-SQUARE-FOOT LIMIT ON FACILITIES USED PRINCIPALLY FOR AG TOURISM, INCLUDING COVERED DECKS, LANAIS, GAZEBOS, TENTS, AND CANOPIES LIMIT ON NUMBER AND SIZE OF AG TOURISM OPERATIONS IN EACH NEIGHBORHOOD BUILDINGS AND ACTIVITIES COMPATIBLE WITH CHARACTER OF NEIGHBORHOOD ROADS NO PRIVATE ROAD ACCESS UNLESS AG OPERATION OWNS ENTIRE ROAD OR HAS EASEMENT FOR AG TOURISM difficult to prove wear/damage from ag tourism; safety issues with large vehicles, extra cars, farm equipment,pedestrians, and animals mixing on substandard roads ACCESS FOR EMERGENCY SERVICES SIGNS SO VISITORS DON'T KEEP ASKING DIRECTIONS FROM NEIGHBORS PARKING No on-street parking unless operation owns road Turn-around space Designated loading/unloading zones Statement on application whether operation will allow passenger vehicles, vans, and/or buses and carrying capacity of vans and buses AMERICANS WITH DISABILITIES ACT PARKING HEALTH AND SAFETY NOISE FROM AG TOURISM NOT AUDIBLE PAST PROPERTY LINE MEASURES TO PREVENT TRESPASS AND THEFT ON NEIGHBORS' PROPERTY CLEAR DESIGNATION OF AREAS OFF-LIMITS TO VISITORS ADEQUATE SEWAGE AND SOLID WASTE DISPOSAL FACILTIIES ANIMALS KEPT SAFELY AND HUMANELY, WITH ADEQUATE CONFINEMENT TO PROTECT VISITORS AND NEIGHBORS DUST CONTROL ON SITE AND ACCESS ROADS FINANCIAL IMPACTS ON NEIGHBORS NO PROPERTY TAX HIKE FOR NEIGHBORS MEASURES TO AVOID RISE IN FARMLAND PRICES AS AG TOURISM OPERATORS BUY UP LAND INSURANCE GENERAL LIABILITY AND PRODUCT LIABILITY INSURANCE APPROVAL Plan approval needed before construction or installation of any new structure and for any addition to an existing structure that exceeds 10% of the existing structure Automatic termination of ag tourism when farmingoperation ceases HRS 205-5 (b) (5) Compliance with these new regulations required by July 1, 2017 for existing ag tourism Application required by July 1, 2017 for new ag tourism; can continue till decision; if denial, 90 days to cease OPERATOR OF TOURISM BUSINESS MUST BE OWNER, OPERATOR, OR OCCUPANT OF FARM AUTOMATIC DENIAL IF COUNTY DOES NOT APPROVE IN 60 DAYS IF NEW AG TOURISM REGULATIONS TAKE EFFECT, GIVE OPERATORS 6 MONTHS TO COMPLETE APPLICATIONS TO COMPLY EXPENDITURES FOR INSPECTORS GIVEN A SEPARATE LINE ITEM IN PLANNING DEPARTMENT'S 3 OPERATIONS BUDGET NOTIFICATION TO NEIGHBORS BY LETTERS AND LOT SIGNS OF PROPOSED AG TOURISM SITE INSPECTION AND DRAINAGE STUDY BEFORE APPROVAL No site drainage plan, if operator proves not needed ENFORCEMENT [90 days] 60 DAYS to remedy infractions; after that fines may be $1,000 a day Processing fee $100 per site ONE UNANNOUNCED COMPLIANCE CHECK PER YEAR; MORE IF THERE ARE COMPLAINTS RE. OPERATION FEES AND FINES SUFFICIENT TO FUND ENFORCEMENT, PLACED IN A SEPARATE REVENUE ACCOUNT PROCEDURES FOR NEIGHBORS TO RAISE CONCERNS ABOUT PROPOSED AND EXISTING OPERATIONS—E.G.. PLANNING DEPT. COMPLAINT FORM, POLICE FOR NIGHTS AND WEEKENDS 4 comments on Bill 227: ag tourism for Hawai'i County Council Planning Committee, 1:30 PM Tuesday, October 4, 2016 from Cory Harden, Sierra Club, Moku Loa group, Box 1137, Hilo, Hawai'i 96721 333corvgmail.com 959-7747 We appreciate Council's continuing work on this. After meeting with Planning Department staff, Lani Weigert of the Hawai'i Agricultural Tourism Association, and Margaret Wille, we continue to support greater focus on agriculture and protection for neighbors, and less focus on tourism. Notes below. small letters—Bill 227, Sept. 30, 2016 draft CAPITALS—SIERRA CLUB RECOMMENDATIONS italics--comments DEFINITION OF AG TOURISM "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 [State law]" AG PRODUCTS Compost Mulch Crops Fruits Vegetables Herbs Flowers Foliage Forage Timber Apiary products—honey, royal jelly, bee pollen, beeswax Aquaculture products (fish, fish products, algae/limu, water plants, shellfish) Game on hunting preserve BUT BOW HUNTING ONLY, AND CARCASSES MUST BE REMOVED, NOT LEFT TO ATTRACT SCAVANGERS, INSECTS AND DISEASE-CAUSING ORGANISMS LIVESTOCK AND LIVESTOCK PRODUCTS (MILK, EGGS, ETC.) DEFINED AS AGRICULTURE Botanical garden Farm Orchard Winery Greenhouse Agricultural products processing facility Animal husbandry Companion animal or livestock show include? Hunting preserve Ranching NOT UNDER AG TOURISM REGULATIONS Farm market/on farm market/roadside stand used solely to sell ag products raised on that parcel of land, with sufficient, safe, off-street parking NOT ALLOWED AS AG TOURISM Weddings Parties Restaurants School events Catered events Overnight accomodations • MUSICAL EVENTS DANCES MECHANICAL AMUSEMENT RIDES DIRT BIKES, ALL-TERRAIN VEHICLES, AND OTHER OFF-ROAD MOTORIZED VEHICLES HUNTING WITH GUNS SALES Ag tourism revenues shall not exceed ag revenues unless operator proves they had a bad year, or are in developmental stage Sales allowed for • ag products grown on-island • processed ag products with main ingredient from on-island • juice and water • non-ag items that promote site's ag activities AG REVENUES INCLUDE REVENUES FROM ADJACENT LAND UNDER SAME OWNERSHIP COUNT AS AG TOURISM REVENUE—REVENUE FROM SALES OF-- • ITEMS CONTAINING AG PRODUCTS GROWN OR PROCESSED BY THE ASSOCIATED AG OR AG PROCESSING FACILITY • NON-AG PROMOTIONAL ITEMS OPERATOR MUST VERIFY REVENUES EACH YEAR WITH A SCHEDULE F GENERAL EXCISE TAX DECLARATION. VISITOR LIMITS No more minor/major categories Max 10,000 visitors a year(about 30 a day) COUNT DAILY don't burden neighbors with many comings and goings If excess visitors, apply to get legal in [DO DAYS} 60 DAYS and keep operating till decision made Hours [sem 8 AM to 6 PM unless commission decides longer wouldn't impact neighbors Exceptions allowed if planning director finds there will be no significant impact on neighborhood MAX 5 DAYS A WEEK NO LARGE ANNUAL EVENTS many new people in neighborhood, traffic, road wear, people may return and cause trouble SIZE/ DENSITY/COMBATIBILITY No ag tourism in 4-wheel drive areas and sensitive areas such as Waipio Valley LOT SIZE AT LEAST 5 ACRES 1,000-SQUARE-FOOT LIMIT ON FACILITIES USED PRINCIPALLY FOR AG TOURISM, INCLUDING COVERED DECKS, LANAIS, GAZEBOS, TENTS, AND CANOPIES LIMIT ON NUMBER AND SIZE OF AG TOURISM OPERATIONS IN EACH NEIGHBORHOOD BUILDINGS AND ACTIVITIES COMPATIBLE WITH CHARACTER OF NEIGHBORHOOD ROADS NO PRIVATE ROAD ACCESS UNLESS AG OPERATION OWNS ENTIRE ROAD OR HAS EASEMENT FOR AG TOURISM difficult to prove wear/damage from ag tourism;safety issues with large vehicles, extra cars, farm equipment, pedestrians, and animals mixing on substandard roads ACCESS FOR EMERGENCY SERVICES SIGNS SO VISITORS DON'T KEEP ASKING DIRECTIONS FROM NEIGHBORS PARKING No on-street parking unless operation owns road Turn-around space Designated loading/unloading zones Statement on application whether operation will allow passenger vehicles, vans, and/or buses and carrying capacity of vans and buses AMERICANS WITH DISABILITIES ACT PARKING HEALTH AND SAFETY NOISE FROM AG TOURISM NOT AUDIBLE PAST PROPERTY LINE MEASURES TO PREVENT TRESPASS AND THEFT ON NEIGHBORS' PROPERTY CLEAR DESIGNATION OF AREAS OFF-LIMITS TO VISITORS ADEQUATE SEWAGE AND SOLID WASTE DISPOSAL FACILTIIES ANIMALS KEPT SAFELY AND HUMANELY, WITH ADEQUATE CONFINEMENT TO PROTECT VISITORS AND NEIGHBORS DUST CONTROL ON SITE AND ACCESS ROADS FINANCIAL IMPACTS ON NEIGHBORS NO PROPERTY TAX HIKE FOR NEIGHBORS MEASURES TO AVOID RISE IN FARMLAND PRICES AS AG TOURISM OPERATORS BUY UP LAND INSURANCE GENERAL LIABILITY AND PRODUCT LIABILITY INSURANCE APPROVAL Plan approval needed before construction or installation of any new structure and for any addition to an existing structure that exceeds 10% of the existing structure Automatic termination of ag tourism when farming operation ceases HRS 205-5(b) (5) Compliance with these new regulations required by July 1, 2017 for existing ag tourism Application required by July 1, 2017 for new ag tourism; can continue till decision; if denial, 90 days to cease OPERATOR OF TOURISM BUSINESS MUST BE OWNER, OPERATOR, OR OCCUPANT OF FARM AUTOMATIC DENIAL IF COUNTY DOES NOT APPROVE IN 60 DAYS IF NEW AG TOURISM REGULATIONS TAKE EFFECT, GIVE OPERATORS 6 MONTHS TO COMPLETE APPLICATIONS TO COMPLY EXPENDITURES FOR INSPECTORS GIVEN A SEPARATE LINE ITEM IN PLANNING DEPARTMENT'S OPERATIONS BUDGET NOTIFICATION TO NEIGHBORS BY LETTERS AND LOT SIGNS OF PROPOSED AG TOURISM SITE INSPECTION AND DRAINAGE STUDY BEFORE APPROVAL No site drainage plan, if operator proves not needed ENFORCEMENT {90 days]60 DAYS to remedy infractions; after that fines may be$1,000 a day Processing fee$100 per site ONE UNANNOUNCED COMPLIANCE CHECK PER YEAR; MORE IF THERE ARE COMPLAINTS RE. OPERATION FEES AND FINES SUFFICIENT TO FUND ENFORCEMENT, PLACED IN A SEPARATE REVENUE ACCOUNT PROCEDURES FOR NEIGHBORS TO RAISE CONCERNS ABOUT PROPOSED AND EXISTING OPERATIONS—E.G.. PLANNING DEPT. COMPLAINT FORM, POLICE FOR NIGHTS AND WEEKENDS