HomeMy WebLinkAboutPD BACKGROUND & RECOMMENDATION REPORT (PD INITIATED - CODE AMENDMENTS FOR ENERGOV)BRP Din' tiat d-EnergovChanges.jwd-05-03-21
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 23, ARTICLE 4, ARTICLE 5, AND ARTICLE 6 AND
CHAPTER 25, ARTICLE 2, ARTICLE 5, AND ARTICLE 6 OF THE HAWAPI
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROCESSING
OF SUBDIVISION AND ZONING APPLICATIONS AND MAKING CLERICAL
REVISIONS TO PERMITTED USES IN THE FAMILY AGRICULTURAL ZONING
DISTRICT
The Planning Director has initiated the following amendments to Chapter 23 (Subdivision Code),
Articles 4, 5 and 6, and to Chapter 25 (Zoning Code), Articles 2, 5 and 6 of the Hawaii County
Code 1983 (2016 Edition, as amended), relating to processing of subdivision and zoning
applications for the impending administrative implementation of the EnerGov system, which will
change the process for submitting applications to the Planning Department. Additionally, Section
8 of this ordinance corrects a drafting error contained in Ordinance No. 21-26 that inadvertently
revised the administrative intent of Section 25-5-62 of the Hawaii County Code.
BACKGROUND
The launch of the proposed EnerGov system is scheduled for July 26, 2021. With the
implementation of this system, amendments need to be initiated in the Subdivision and Zoning
Codes to remove references requiring the submittal of multiple copies of an application to the
Planning Department, as the public will be able to submit one copy of the application through the
Energov system. Additionally, a certification of tax clearance will no longer need to be provided
by the applicant, and instead Planning Department staff will be able to verify real property tax
payment status on the County website. The Department will continue to not accept an application
when real property taxes for the property are delinquent, except as authorized by the Director of
Finance in certain situations. Lastly, the Director seeks to correct a drafting error to the Family
Agricultural zoning district section of the Zoning Code contained in Ordinance No. 21-26, which
the Council recently adopted.
RECOMMENDATION
The Planning Director recommends that the Leeward and Windward Planning
Commissions send a favorable recommendation to the Hawai`i County Council regarding
this bill relating to the processing of subdivision and zoning applications for the impending
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administrative implementation of the EnerGov system and the clerical revisions to
permitted uses in the Family Agricultural zoning district.
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
PLANt4UJG DEPT>
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 4, ARTICLE 5, AND
ARTICLE 6 AND CHAPTER 25, ARTICLE 2, ARTICLE 5, AND ARTICLE 6 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
PROCESSING OF SUBDIVISION AND ZONING APPLICATIONS AND MAKING
CLERICAL REVISIONS TO PERMITTED USES IN THE FAMILY AGRICULTURAL
ZONING DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to amend the Subdivision Code
and the Zoning Code to provide language that is in alignment with the impending administrative
implementation of the EnerGov system, which will change the process for submitting
applications to the Planning Department. Additionally, Section 8 of this ordinance corrects a
drafting error contained in Ordinance No. 21-26 that inadvertently revised the administrative
intent of Section 25-5-62 of the Hawai`i County Code.
SECTION 2. Chapter 23, article 4, division 1, section 23-58, of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
a) The subdivider shall submit a written application for subdivision, a preliminary
plat prepared, stamped and signed by a surveyor, and other supplementary
material required to describe the nature and objectives of the proposed
subdivision, and shall submit [Ln c pies, r m re if requested by the direct r, ff
the preliminary plat and other supplementary material [te thedireetee] in a format
prescribed by the director."
SECTION 3. Chapter 23, article 5, section 23-70, of the Hawai`i County Code 1983
2016 Edition, as amended), is amended to read as follows:
Section 23-70. Supplemental information with final plat.
The following data shall be submitted with the final plat:
1) A complete title report issued by a licensed title company in the name of the
owner of the land, showing all parties whose consents are necessary and
their interests in the premises when required by the director;
2) [Five c pie ] A copy of any deed restrictions applicable to the subdivision;
3) Written proof that all taxes and assessments on the tract are paid to date; and
4) For nondedicable streets in a resort subdivision, the subdivider shall submit
a recordable document with the director which shall describe all
nondedicable streets, the ownership thereof and access rights thereon for all
lots in the subdivision and the maintenance rights and responsibilities
thereof. The document shall contain statements as follows: that
nondedicable streets within the resort subdivision have not been built to the
standards required for streets which are dedicable to the County of Hawai`i;
that such streets will accordingly not be accepted for dedication unless they
are brought into compliance with the requirements for dedication as of the
time they are offered for dedication; and that the County is not responsible
for maintenance of such nondedicable streets. The document shall be in a
form acceptable to the director of public works and corporation counsel. For
subdivided land within the jurisdiction of the land court, such document
shall be recorded with the land court. For all other subdivided land, the
document shall be recorded with the State bureau of conveyances."
SECTION 4. Chapter 23, article 5, section 23-72, of the Hawai`i County Code 1983
2016 Edition, as amended), is amended by amending subsection (a) to read as follows:
a) Within one year after tentative approval of the preliminary plat by the director, the
subdivider shall have the subdivision surveyed and shall prepare a final plat which
conforms with the preliminary plat as tentatively approved. The subdivider shall
submit to the director [eight copic •] a copy of the final plat, prepared in
conformity with these regulations, together N ith [£ ur additional copie, ] a copy of
a general layout map, which was originally attached to the construction drawings
and specifications (where required) showing the location of lots, streets, water
mains and storm drainage systems."
SECTION 5. Chapter 23, article 5, section 23-74, of the Hawai`i County Code 1983
2016 Edition, as amended), is amended by amending subsection (b) to read as follows:
b) Upon final approval, the director shall stamp [tofu the final plat:
SUBDIVISION NUMBER APPROVED FOR RECORDATION
WITH THE BUREAU OF CONVEYANCES, STATE OF HAWAI`T."
The approval shall bear the signature of the director. The planning
department shall then retain one copy of the final plat, and forward one copy of
the final plat to the County real property lax office, and one copy of the final plat
to the subdivider. The approval of the final plat by the director shall not be
deemed to constitute or effect an acceptance by the County of the dedication of
any street or other easement shown on the plat."
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SECTION 6. Chapter 23, article 6, division 1, section 23-79, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (b) to read as
follows:
b) The subdivider shall submit [ ix c pic ] a copy of the construction plans and
specifications to the director for examination and submission to the director of
public works, the manager, the sanitary engineer and the district engineer as
required under section 23-61, for their respective consideration and approval.
Such construction plans and specifications shall be considered approved for
construction purposes when the construction plan tracings and specifications bear
the approval of the director of public works, the manager, the sanitary engineer,
the district engineer and the director as required under section 23-61"
SECTION 7. Chapter 25, article 2, division 1, section 25-2-3, of thc Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsections (a) and (b) to read
as follows:
a) Any application filed with the director or the commission, pursuant to this chapter,
including but not limited to a zoning amendment, variance, use permit, plan approval,
ohana dwelling permit, planned unit development permit, or cluster plan development
permit, shall be reviewed by the director for completeness within fifteen days from the
date that the application was filed by the applicant. An application may be filed with the
director or the commission [either by hand or mail delivery to the Hilo or Kona
department.] in a format prescribed by the director.
b) [All applications shall be accompanied by a certification of clearance from the director of
finance that the real property taxes and all other fees relating to the subject parcel or
parcels have been paid, and that there are no outstanding delinquencies. Any application
not accompanied by such certification of clearance will be deemed defective.] Prior to the
acceptance of any application, all real property taxes and other fees relating to the subject
parcel or parcels shall be paid and there shall be no outstanding delinquencies except in
cases of bankruptcy or similar matters as authorized by the director of finance"
SECTION 8. Chapter 25, article 5, division 6, section 25-5-62, of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (d) to read as
follows:
d) The following uses may be permitted in the FA district, provided that either a use permit
is issued for each use if the building site is [within] outside of the State land use
agricultural district or a special permit is issued for each use if thc building site is within
the State land use agricultural district:
1) Bed and breakfast establishments, as permitted under section 25-4-7.
2) Churches, temples and synagogues.
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3)
4)
5)
6)
7)
8)
Crematoriums, funeral homes, funeral services, and mortuaries.
Day care centers.
Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
Medical clinics.
Schools."
SECTION 9. Chapter 25, article 6, division 1, section 25-6-14, of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (d) to read as
follows:
d) Any such request shall be accompanied by a $250 filing and processing fee[,
and an application and
documentation in a format prescribed by the director."
SECTION 10. 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 be included.
SECTION 11. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 12. This ordinance shall take effect upon its approval.
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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