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HomeMy WebLinkAboutChapter 16 Planning CHAPTER 16 PLANNING Article 1. General Plan. Division 1. General Provisions. Section 16-1. County general plan. Division 2. Comprehensive Review. Section 16-1.1. Initiation, public notice; proposals by council. Section 16-1.2. Public comment, workshops. Section 16-1.3. Finalized recommendations; commission review, council action. Section 16-1.4. Closure. Section 16-1.5. Legislative history report. Division 3. Interim Amendments. Section 16-1.6. Council-initiated. Section 16-1.7. Director-initiated. Article 2. Community Development Plans. Section 16-2. Adoption of community development plans. Section 16-3. Review and amendment. Article 3. CDP Action Committees. Section 16-4. CDP action committees. Section 16-5. Membership and tenure. Section 16-6. Duties and responsibilities of the CDP action committees. i UNOFFICIAL ADVANCE SHEET Updated on October 15, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. This page intentionally left blank. P LANNING § 16-1 CHAPTER 16 PLANNING Article 1. General Plan. Division 1. General Provisions. Section 16-1. County general plan. The planning director shall keep a copy of the general plan, and all amendments thereto, available for public inspection at the offices of the planning department and in an electronic format. (1983 CC, c 16, sec 16-1; am 2006, ord 06-153, sec 1; am 2007, ord 07-70, secs 2, 3 and 4; am 2008, ord 08-98, sec 2; am 2009, ord 09-150, sec 2, ord 09-161, secs 1, 2, 3 and 4; am 2026, ord 26-65, sec 2.)16-1 Division 2. Comprehensive Review. Section 16-1.1. Initiation, public notice; proposals by council. (a) Prior to the initiation of a comprehensive review, the planning director shall prepare: (1) Recommendations for the general plan, which may either be in the form of: (A) Recommended amendments to the current general plan; or (B) A recommended draft to be adopted as a new general plan; and (2) A recommendation report, which must describe and explain the rationale for general plan. (b) No later than ten years after the effective date of Ordinance No. 26-46 and every ten years after the close of the most recent comprehensive review the planning director shall initiate a comprehensive review of the general plan by giving notice to the council, the windward and leeward planning commissions, and the public. The notice must include: (1) A statement of whether the director recommends amendments to the current general plan or a draft general plan to be adopted as a new general plan, as indicated in subsection (a); (2) The anticipated timeline for the comprehensive review with specific dates consistent with the timing requirements of this article, including a statement than three years from the date of the notice in accordance with section 16- 1.4(a); and (3) Instructions for viewing and providing written comment on the recommendations and the recommendation report, both in an electronic format and at the offices of the department. 16-1 UNOFFICIAL ADVANCE SHEET Updated on October 15, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. § 16-1.1 H AWAII C OUNTY C ODE (c) No later than one hundred twenty days after the date of the notice, the council may, by resolution, propose amendments for the director to consider for inclusion in (2026, ord 26-65, sec 3.)16-1.1 Section 16-1.2. Public comment, workshops. (a) The planning director shall conduct at least one public workshop on the recommendations in each council district. (b) The director shall provide other opportunities for the public to provide written comments on the recommendations in addition to the public workshops, including, but not limited to, in an electronic format and at the offices of the department. The director shall continue to keep such opportunities available for sixty days after the final public workshop, at which time the opportunity for public comment will be closed. (2026, ord 26-65, sec 3.)16-1.2 Section 16-1.3. Finalized recommendations; commission review, council action. (a) No later than sixty days after the close of the public comment period, the director may revise or modify the recommendations based on public comments or the amendments proposed by the council and shall submit the recommendations, as may be revised or modified, to the windward and leeward planning commissions for their separate and independent review. (b) No later than one hundred fifty days after the receipt of the recommendations from the director, each commission shall recommend that the council adopt, adopt with fails to do so, it will be deemed an unfavorable recommendation from that with the recommendation of each commission, to the council for its consideration. (c) amendments, or reject the recommendations. (2026, ord 26-65, sec 3.)16-1.3 Section 16-1.4. Closure. (a) No later than three years after the date of the notice under section 16-1.1(b), the director shall submit the recommendations to the council. If the director fails to do so, the director shall submit quarterly status reports to the council until the recommendations are submitted or until the comprehensive review is closed under subsection (b)(2). (b) The comprehensive review will be deemed closed upon: (1) recommendations; or (2) If the director fails to submit the recommendations to the council, five years after the date of the notice. 16-2 UNOFFICIAL ADVANCE SHEET Updated on October 15, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. P LANNING § 16-1.4 (c) Upon the closure of the comprehensive review under subsection (b)(2), the director may transmit the recommendations as an interim amendment in accordance with section 16-1.7. (2026, ord 26-65, sec 3.)16-1.4 Section 16-1.5. Legislative history report. council, the director shall compile and submit to the council a legislative history report, which must, at a minimum, include: (1) A summary of each public workshop, including topics presented, public comments and recommendations received, and any associated records or materials maintained by the department; and (2) Pertinent minutes and associated records for all meetings of the council, any recommendations, or any adopted or proposed amendments thereto, were considered. (2026, ord 26-65, sec 3.)16-1.5 Division 3. Interim Amendments. Section 16-1.6. Council-initiated. (a) Except during a comprehensive review, the council may initiate an amendment to the general plan. Any amendment initiated by the council must be made in accordance with this section. (b) Prior to first reading of the amendment, the council shall refer any proposed council-initiated amendment to the general plan to the director and the planning commissions with requests for their respective comments and recommendations thereon. (c) No later than sixty days after the amendment was transmitted by the council, the director shall submit any comments and recommendations on the proposed amendment to the commissions. (d) recommendations, each commission shall transmit the amendment, together with its comments and recommendations thereon, to the council. If a commission fails to do so, it will be deemed an unfavorable recommendation on the amendment from that commission. (e) The council may not act on the amendment until having received the recommendations thereon from the director and the commissions or ninety days after transmitting it to the director and commissions, whichever occurs first, at which point the council may proceed to act on it as it deems appropriate. (2026, ord 26-65, sec 3.)16-1 16-3 UNOFFICIAL ADVANCE SHEET Updated on October 15, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. § 16-1.7 H AWAII C OUNTY C ODE Section 16-1.7. Director-initiated. (a) Except during a comprehensive review, the director may initiate an amendment to the general plan. Any amendment initiated by the director must be made in accordance with this section. (b) The director shall submit any proposed amendment to the general plan, together with a written justification therefor, to the planning commissions. (c) No later than sixty days after receipt of the amendment, each commission shall transmit the amendment, together with its comments and recommendations thereon, to the council. If a commission fails to do so, it will be deemed an unfavorable recommendation from that commission. (2026, ord 26-65, sec 3.)16-1 Article 2. Community Development Plans. Section 16-2. Adoption of community development plans. The community development plans listed below are adopted and incorporated by reference. A copy of the plans and amendments shall be available for public inspection at the planning department. Village were included in the Puna CDP planning area and were, therefore, not encompasses the judicial districts of North and South Kona. CDP encompasses the judicial district of North Kohala. adopted by reference subject to later amendments by ordinance, and may be cited as the Puna and the Volcano Census Designated Place that includes the Volcano Golf Course subdivision in the district of . 16-4 UNOFFICIAL ADVANCE SHEET Updated on October 15, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. P LANNING § 16-2 ommunity CDP encompasses the judicial district of South Kohala. (2008, ord 08-98, sec 3; am 2008, ord 08-116, sec 2; ord 08-131, sec 2; ord 08-151, sec 2; am 2008, ord 08-159, sec 2; am 2017, ord 17-66, sec 2; am 2018, ord 18-78, sec 2.) 16-2 Section 16-3. Review and amendment. A comprehensive review of the community development plans shall commence within ten years from the date of adoption. (2008, ord 08-98, sec 3.) 16-3 Article 3. CDP Action Committees. Section 16-4. CDP action committees. (a) A community development plan (CDP) action committee shall succeed each CDP steering committee upon adoption of a community development plan. (b) The purpose of the CDP action committee is to be a proactive, community-based (c) The planning department shall administer the CDP action committees and be responsible for developing a selection process for committee members and establishing rules of procedure, as needed. (2008, ord 08-98, sec 4.) 16-4 Section 16-5. Membership and tenure. (a) The CDP action committee shall consist of nine members. All members shall have a - 71(e) of this Code, however, there is no requirement that a member own property. The members shall be appointed by the mayor and approved by the County council. Prior service as a member of a CDP steering committee shall not disqualify an individual from serving on the CDP action committee. (b) The members shall serve staggered terms of four years. Upon the initial appointment of the committee, three members shall serve for a term of two years, three members for a term of three years, and three members for a term of four years. When the term of a member expires, the member may, at the discretion of the member, continue to serve until a successor is appointed. Members whose terms expire may not be reappointed for at least two years, however, members appointed for one year or less may be reappointed for an additional term without the passage position occupied by a member whose term has expired but who is willing to continue serving until their position is filled. (c) The membership should reflect a broad cross-section of the community. The community development plan may specify more detailed selection criteria consistent with this objective. 16-5 UNOFFICIAL ADVANCE SHEET Updated on October 15, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. § 16-5 H AWAII C OUNTY C ODE (d) A chairperson shall be elected from its membership annually. (e) Except as provided for in this section, the committee shall be governed by the County Charter, section 13-4. (2008, ord 08-98, sec 4; am 2016, ord 16-77, sec 2; am 2024, ord 24-62, sec 1.) 16-5 Section 16-6. Duties and responsibilities of the CDP action committees. The duties and responsibilities of the committee are: (1) Provide ongoing guidance and advocacy to advance implementation of the CDP goals, objectives, policies, and actions; (2) Broaden community awareness of the CDP and build partnerships, as appropriate, with governmental and community-based organizations to implement CDP policies and actions; (3) Take into consideration statewide objectives and legislation for long-term and sustainable plans for the island as a whole; (4) Provide timely recommendations to the County on priorities relating to the County operational budget and the CIP budget and program; (5) Receive briefings, as requested, from the planning department on pending and approved permit applications involving property located within the planning area, and on other issues related to the CDP; (6) Receive briefings from other County agencies, as requested, on priority actions identified in the CDP, which briefings may be integrated and consolidated by (7) Monitor the progress and effectiveness of the CDP including the need for CDP revisions based on emerging statewide plans, new technologies, innovative ideas, or changing conditions; (8) Review and make recommendations on interim amendments to the CDP; (9) Serve as the steering committee, as set forth in the general plan, in any comprehensive update of the CDP; (10) Provide recommendations to amend the general plan; and (11) Carry out other duties specified in the CDP and/or in agreement with the planning department. (2008, ord 08-98, sec 4.) 16-6 16-6 UNOFFICIAL ADVANCE SHEET Updated on October 15, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code.