HomeMy WebLinkAboutOrdinance 05-135COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 134
ORDINANCE NO. 05 13S Draft 3
AN ORDINANCE AMENWNG CHAPTER 23, HAWAII COUNTY COLE 1983 (2005
EDITION) TO PROVIDE ENHANCED PUBLIC NOTICE OF PROPOSED DEVELOPMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The County Council finds that jurisdictions across the country and state
keep citizens informed about proposed development projects in their neighborhoods by requiring
developers to post signs. Such signage provides additional notice to members of the public who
may miss a legal notice in the newspaper on a given day.
SECTION 2. Chapter 23, article 4, division 1, Hawaii County Code 1983 (2005 edition),
is amended by adding a new section, to be numbered 23 -58A, and to read as follows:
"Section 23 -58A. Posting of Suns for Public Notification.
(a) Within ten days of filing the application for a subdivision, the applicant shall post a
sign on the subject property notifying the public of the following
(1) The nature of the application;
(2) The proposed number of lots;
(3) The size of the property;
(4) The tax map key or keys of the property;
(5) That they may contact the planning department for additional information; and
(6) The address and telephone number of the planning department.
(b) The sign shall remain posted until final approval, or until the application has been
rejected or withdrawn. The applicant shall remove the sign promptly after such
action.
(c) Notwithstanding any other provisions of law, the sign shall be not less than nine
square feet and not more than twelve square feet in area, with letters not less than one
inch high. No pictures, drawings, or promotional materials shall be permitted on the
sign. The sign shall be posted at or near the property boundary adiacent to a public
road bordering the property and shall be readable from said public road. If more than
one public road borders the property the applicant shall post the sign to be visible
from the more heavily traveled public road. The sign shall, in all other respects, be in
compliance with chapter 3, Hawaii County Code 1983 (2005 edition).
(d) The applicant shall file an affidavit with the planning department not more than five
days after posting the sign stating that a sign has been posted in compliance with this
section and that the applicant and its agents will not remove the sign until the
application has received final approval, or has been rejected or withdrawn. A
photograph of the sign in place shall accompany the affidavit."
SECTION 3. Section 23 -17 Hawaii County Code 1983 (2005 edition), is amended by
adding a new subsection (c) to read as follows:
"Section 23 -17. Procedures for variances.
(a) Notice to Owners of Property Interests. Upon receipt and acceptance of a properly
filed and completed application, the department shall fix a date for the director's
consideration of the application. Within three working days after receiving notice of
such date, the applicant shall serve notice of the application on owners of interests in
properties within three hundred feet of the perimeter boundary of the applicant's
property and to owners of interests in other properties which the director may find to
be directly affected by the variance sought. Such notice shall state:
(1) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the use sought and the proposed accompanying structures, if any;
(4) The date on which the director will consider the application; and
(5) That such date is the deadline for the director's actual receipt of written comments
on the application.
Prior to the deadline for written comment, the applicant shall submit to the director
proof of service or of good faith efforts to serve notice of the application on the
designated property owners. Such proof may consist of certified mail, receipts,
affidavits, or the like.
(b) Notice by Publication. At least ten calendar days prior to the date of the director's
consideration of the application, the director shall publish, in a newspaper of general
circulation, notice of the application and the date by which written comments must be
in the actual receipt of the director.
(c) Notice by Postiny of Signs. Within ten days of filing the application for a variance
the applicant shall post a sign on the subject property notifying the public of the
nature of the variance, the proposed number of lots, the size of the propert y the tax
map key or keys of the property and that they may contact the planning department
for additional information. The sign shall give the address and telephone number of
the planning department.
(1) The sign shall remain posted until final approval, or until the application has been
rejected or withdrawn. The applicant shall remove the sign promptly after such
action.
(2) Notwithstanding any other provisions of law, the sign shall be not less than nine
square feet and not more than twelve square feet in area, with letters not less than
one inch high. No pictures, drawings, or promotional materials shall be permitted
on the sign. The sign shall be posted at or near the property boundary adjacent to
a public road bordering the property and shall be readable from saidpublic road.
If more than one public road borders the property the applicant shall post the sign
to be visible from the more heavily traveled public road. The sign shall, in all
other respects, be in compliance with chapter 3, Hawai' i County Code 1983 (2005
At .
SECTION 4. Severability. If any provision of this ordinance, or the application thereof to
ny peroro ste s hed invalid, scl invalidity ha -not t oi lier provisions ur
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 5. 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 6. This ordinance shall take effect upon approval.
Kona , Hawai' i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading
Effective Date:
September 8, 2005
September 8, 2005
September 21, 2005
September 28, 2005
_....,. 389.4
Introduced By:
Date Introduced
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Bob Jacobson
September 8, 2005
September 8, 2005
September 18, 2005
Second Reading: September 21, 2005
Do Mayor: September 23, 2005
Returned: September 29, 2005
Effective: September 28, 2005 _
Published: Octolner 6, 2005
REMARKS
(Draft 3)
ROLL CALL VOTE
AYES
;"NOES
ABS
EX
Arakaki
X
Fliga
X
Hoffmann
x
Holschuh
x
Ikeda
x
Isbell
x
Jacobson
X
Pilago
x
Safarik
X
8
0
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
x
Higa
x
--
Hoffmann
x
Holschuh
x
Ikeda
x
Isbell
x
-
Jacobson
x
Pilago
X
Safarik
x
8
0
1
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
" COUNCIL CHAIRMAN
bEPUTY CORPORATION COUNSEL
COUNTY OF HAWAI'I
CO UNTY CLE, Z Y
Date
Bill No.: 134 (Draft 3)
Approvdd/Disapproved [his, }-tl day
20 0�
A4AYOR, COUNTY OF HAWAII
Reference: C- 389.4/PC -31
Ord No.: 05 1.35