02-05-2007, 05:55 AM
BIOSPHERE RESERVE BUFFER ZONE- draft, 4 FEB07
Submitted by Rick Warshauer
The Nature of the Volcano Region.
The area surrounding the summit of Volcano exhibits a special natural history and dynamic landscape. Both have fostered a very strong cultural significance for the region by the original human inhabitants of Hawai’i. This significance has extended long past the arrival of the first European visitors and the plethora of settlers and changes that followed. The geology and biological resources of the region inspired the Hawaiians’ reverence for the landscape, which was visited but not lived in. The eruptions and landforms of two of the world’s most active volcanoes, Kilauea and Mauna Loa, have defined the nature of this exquisite landscape. Various aged lava flows, ash and explosion deposits underlie and help define its ecology. The Kilauea summit divides the mountain into wetter windward and drier leeward slopes. The wetter side is covered by thick forests of ‘ohi’a trees and hapu’u tree ferns on all but the youngest of flows or cleared land. On the drier side of Kilauea, vegetation tends to be more open, exposing the underlying geology to view. The variety in conditions and age is reflected in the richness of the biology. These special natural resources have been inspiring awe and appreciation for many centuries. The natural and cultural features have received international recognition at Hawai’i Volcanoes National Park as International Biosphere Reserve and World Heritage sites.
History and Land Use.
Following the deposition of the Hawaiian Kingdom, succeeding governments began a process of disposing of lands in the Volcano area. About the same time, the assembly of Hawai’i Volcanoes National Park began nearby, including some of the wetter forests of Kilauea and later a disjunct portion of Mauna Loa wet forest (the “Ola’a Tract”
. The Volcano area lands that were sold were used primarily for vacation residences and small farms. Subsequent subdivision into smaller vacation lots began as mountain houses for local residents. By the mid-1950’s, the small village next to the National Park had expanded into extensive areas of farms and house lots, all platted over the existing forests. Deep ash soils and adequate rainfall were ideal for farming of a variety of crops and later cattle. Also following World War II, extensive subdivisions were cut into the forests. These huge subdivisions were designed not for local vacation homes or expanding the community, but rather for large-scale real estate sales to land investors, primarily from off-shore. Lot sizes varied, but most were a half-acre or less, and most were far from any stores, power lines or main roads. Periodic subdivision of individual lots has continued on a piecemeal basis to the present. In about 1967 the County of Hawai’i designated land use zones in Volcano and other areas for the first time. Large and small lots alike were zoned residential or agriculture, irrespective of lot size, land use or natural resource content. The consequences of both the subdivisions and zoning actions have recently become evident.
From their beginnings, the National Park and Volcano area community have had interconnected history and economies. Expansion of park budgets over the years has provided some employment for Volcano area residents, and some of the visitors shop and stay in Volcano establishments. Hawai’i Volcanoes National Park has now become one of the larger visitor attractions in Hawai’i. In recent years this considerable visitor flow has stimulated significant exposure to and sales of Volcano real estate, for retirement and resettlement homes next to a premier National Park, and also as an ever-increasing resale commodity driven by and for off-island speculators. Land sales prices and taxes have been rapidly elevating. Instead of formerly built farm houses or cottages nestled into the forest, recent construction features clear-cutting and re-contouring of lots, and architecture inappropriate for the neighborhoods. Volcano had become the venue for others’ money making.
Adverse Consequences of Unplanned Development
Development of unplanned, scattered subdivisions has created problems of expensive yet reduced public services. The conversion of prime agricultural and natural resources
lands to residential use has been squandering their values as native forest areas that connect and buffer the International Biosphere Reserve (National Park) and adjoining State Natural Area Reserves. A lack of adequate controls in the past has allowed the rampant development of Hawaii’s limited and valuable land and natural resources for short-term gain for the few, while it now is resulting in long-term loss and values of our State’s limited natural resources. The Volcano area is a prime example of this wide-spread problem. The deforestation and urbanization of Volcano’s forests, carried out to the maximum extent as defined by its existing zoning and subdivisions will degrade both the International Biosphere Reserve and the adjoining State Natural Area Reserves. This plus potential, rampant development of the area is likely to diminish the attractive qualities of one of the largest visitor magnets in Hawai’i.
The existing zoning in the Volcano area bears little and inconsistent resemblance to the arrangement of lots and applied land use patterns. Volcano has the largest concentration of small lots in Puna, many of them on Agriculture zoned land. The Volcano area currently has 5303 lots which can be used to construct residences. Its current zoning and lot sizes could expand this number to nearly 8700 house lots. The ‘ohana dwelling permit process could extend the number of houses capable of being constructed to a very much larger number. Past and current practices allow simply by ministerial actions the continued approval of subdivisions and ‘ohana permits. Landowner applications are what drive the system, given Volcano’s existing zoning and lot layout. Many of these applications are from new landowners outside Volcano, mostly offshore, and they result in speculative construction and offshore sales, rather than a community’s normal growth. For those Volcano residents who have lived here for the quiet, natural values of the region, there exists a building crisis.
Volcano is suffering from the simple build-out response to the over abundant amount of land zoned for residential use and the very large numbers of small lots. Unchecked, the resulting urbanization will destroy the forest of the area and place a sizeable urban center alongside priceless region of National Park and Natural Area Reserves. The ongoing and anticipated construction removes and fragments ‘ohi’a forest. The natural connections between the large protected areas will be altered at a much greater scale. Native birds and insects often transit between the protected forest areas, flying across Volcano’s forest canopy in between. Regionally, much of the best native ‘ohi’a forest lies within and next to Volcano, a reflection of its underlying geology and overall pattern of rainfall. The ‘ohi’a forest is finite. Even at lower levels of build-out, the National Park will be increasingly isolated from the richer wet forests of its northeast.
The adverse outcomes can be much reduced. Current land use regulations that have defined this area cannot change what has been created previously without significant changes in local land use policy and practice. The latter is the only way to alter the inevitable trajectory of degradation of forest cover and quality of life in the Volcano area.
The Required Solution: a Biosphere Reserve Buffer Zone
Hawai’i Volcanoes National Park is a special place with special resources. It has received international recognition by being designated both an International Biosphere Reserve and World Heritage Site. The quality of life in this Biosphere Reserve (BR) and in the Volcano area are linked to the degree of development of Volcano, and this development is accelerated by the increasing visitor draw to the Park. Therefore, it seems logical that a program and policy to guide and reduce the scale of Volcano development could benefit the priceless qualities of both areas. In that maintaining the attractive natural qualities benefits of both the BR and the Volcano community helps to preserve the economic engine that is built around the flow of visitors to Hawai’i Volcanoes National Park, all of Hawai’i County benefits from protecting this natural and economic treasure.
Worldwide, some BR’s with surrounding communities have created buffer zones to plan the growth and employment opportunities in ways that protect the resources and culture of both the BR and the communities. Volcano can do so as well if the community and County government are sufficiently motivated and united to do so. Creation of a Biosphere Reserve Buffer Zone adjacent to the existing BR (the National Park) is a logical way to protect both the qualities of the National Park’s wet forests and the quality of life for Volcano residents and visitors. At the same time it can demonstrate how a faulty subdivision layout can be redirected to work for its residents.
Goals of the Biosphere Reserve Buffer Zone
The primary goal of the Biosphere Reserve Buffer Zone (BRBZ) is to retain the generally forested nature of the BRBZ as it develops, so as to retain the natural resource qualities that are desired by its residents and are needed to protect the adjoining Biosphere Reserve and Natural Area Reserves from excessive degradation due to deforestation and other adverse consequences of urban-type build-out.
Another primary goal includes guiding the development activities and extents of the BRBF area so that the Biosphere Reserve core area (Hawaii Volcanoes National Park) and adjoining Pu’u Maka’ala and Kahauale’a Natural Area Reserves are not isolated biologically from each other by the intervening BRBF (the larger Volcano community).
These goals should also retain the quality of life desired by Volcano residents within this BRBZ.
Objectives of the Biosphere Reserve Buffer Zone
The objectives are two-fold, to set up a Biosphere Reserve Buffer Zone with an advisory commission, and to begin and continue the process of installing and implementing measures to operate it.
The objectives of delineating and operating a permanent Biosphere Reserve Buffer Zone are as follows:
Within one year of adoption of this Puna Community Development Plan, Hawaii County shall designate a Biosphere Reserve Buffer Zone (BRBZ) boundary and create an area of no less than 7, 000 acres within the greater Volcano community as a BRBZ Special District or equivalent category for land use regulation. The attached outline of the BRBZ defines its actual perimeter and area (7,000-10,000 acres) which is to be added to the LUPAG and Zoning maps.
Within the same one year, Hawaii County shall designate a nine-member Biosphere Reserve Buffer Zone Advisory Commission to be the interface between the Volcano community and the County agencies that establish and implement the regulations of the Biosphere Reserve Buffer Zone.
Within the same one year, Hawaii County shall pass an ordinance prohibiting any further subdivisions or ‘ohana dwelling permits within the BRBZ and any up-zoning of land within the BRBZ that does not have a favorable recommendation from the Biosphere Reserve Buffer Zone Advisory Commission.
Within the same one year, the Biosphere Reserve Buffer Zone Advisory Commission and Hawaii County shall adopt the first portion of a specialized set of regulations and incentives would encourage the retention of native forest canopy, would reduce the overall building density within the BRBZ, and would redistribute building density to better meet the residents’ needs than do the current zoning designations.
By the end of the second year and on the anniversary of every succeeding year, Biosphere Reserve Buffer Zone Advisory Commission shall report to the Hawaii County Planning Commission, the County Council and the Mayor on the successes and statutory needs of the Biosphere Reserve Buffer Zone for the succeeding year. The Biosphere Reserve Buffer Zone Advisory Commission shall include in their annual report the amount of ‘ohi’a tree canopy lost or gained from all actions during the reporting year.
The objectives of the regulations and incentives that are to apply within the BRBF are as follows:
A primary objective is to reduce the degree of loss of native ‘ohi’a forest canopy as the build-out of the Volcano community ensues. Monitoring the year-to-year amount of ‘ohi’a forest canopy shall be used as a measure of consistency with this objective.
Another primary objective is to reduce the overall building density in the BRBZ.
Another primary objective is to redistribute existing density into areas that meet the needs of Volcano residents over those of outside development markets or landowners.
Another primary objective is to reduce incentives for land speculation in order to allow a planned redirection of land use and natural resource protection.
Another primary objective is to develop innovative and effective measures to achieve the aforementioned objectives while maintaining the quality of life for residents of the BRBZ.
Specific Recommendations for the BRBZ
Amend the Hawai’i County Code (HCC), Article 7 (relating to Special District Regulations), to add sections that will establish and manage a Special District called the Biosphere Reserve Buffer Zone District as per Objectives 1-5 above. This will include the establishment of a Biosphere Reserve Buffer Zone Advisory Commission to act as the interface between the Volcano area community and the Hawai’i County agencies affected by the operations of the Biosphere Reserve Buffer Zone District.
Pass an ordinance that would direct the Planning Director not to accept or process applications for subdivisions (including for consolidation/re-subdivision) or ‘ohana dwelling permits within the Biosphere Reserve Buffer Zone District. The only exceptions would be applications for subdivision (including for consolidation/re-subdivision) that had received a positive recommendation from the Biosphere Reserve Buffer Zone Advisory Commission.
Pass an ordinance that would direct the Hawai’i County Finance Department to establish procedures that will allow property owners within the Biosphere Reserve Buffer Zone District to receive a permanent, low tax assessment in exchange for establishing a permanent restriction prohibiting any construction or development of their dedicated parcels. Instruments to establish this prohibition shall include Conservation Easements (as delineated in Hawai’i Revised Statutes Chapter 198), non-retractable deed restriction, or similar measure. The collective reduction in taxes paid should be reflected in the reduction of County services for the collective avoided development in the District.
Pass an ordinance that would direct and fund the Planning Director to commission a study to develop procedures to legally institute the processes of “Transfer of Development Rights” and “Land Pooling” within the Biosphere Reserve Buffer Zone District and to investigate other measures to redistribute development type and density.
Pass an ordinance that would direct the Planning Director not to accept or process applications for changes of zone within the Biosphere Reserve Buffer Zone District that would increase the building density or allowable uses above those allowed in residential and agricultural zones. The only exceptions would be applications within the context of Transfer of Development Rights and/or Land Pooling, and which had received a positive recommendation from the Biosphere Reserve Buffer Zone Advisory Commission.
Pass an ordinance that would direct the Hawai’i County Public Works and Planning Departments to prohibit any mechanical land clearing or removal of healthy ‘ohi’a trees within required building site yard areas of properties within the Biosphere Reserve Buffer Zone District, except for a single fifteen-foot wide driveway access. This ordinance should include a $10,000 fine (each, per violation) for violating owners and equipment operators, and an efficient process to collect the fine. These fines would be directed into a fund to be set up for purchasing property rights within the Biosphere Reserve Buffer Zone District.
Pass an ordinance that would prohibit the Hawai’i County Public Works and Planning Departments from approving any residential building permit that includes a leach field for disposal of septic system effluent. Instead, these departments should accept alternative and experimental septic system effluent disposal methods using a small-footprint design that is approved by the State Department of Health.
Pass an ordinance that would direct and fund the Planning Director to commission a study to develop procedures to allow small-scale development that does not require a change of zone, such as by Use Permit, Special Permit, Planned Unit Development, and similar allowed and not yet allowed procedures, permits for which that do not run with the land. The goals would be to allow needed small-scale development in areas of predominantly agricultural and residential zoning without encouraging land speculation.
Pass an ordinance that would direct and fund the Planning Director to commission a study to identify the flood paths and source areas in the Biosphere Reserve Buffer Zone District, and to design and recommend ordinance language to implement innovative ways to reduce the scale and impacts of flooding, including the acquisition of or right to strategic vacant, forested lots to use for absorbing floodwaters.
Pass a County Council resolution to ask the State Department of Land and Natural Resources to reassess their unencumbered lands east of Wright Road and convert them to Forest Reserve or Natural Area Reserve status.
Submitted by Rick Warshauer
The Nature of the Volcano Region.
The area surrounding the summit of Volcano exhibits a special natural history and dynamic landscape. Both have fostered a very strong cultural significance for the region by the original human inhabitants of Hawai’i. This significance has extended long past the arrival of the first European visitors and the plethora of settlers and changes that followed. The geology and biological resources of the region inspired the Hawaiians’ reverence for the landscape, which was visited but not lived in. The eruptions and landforms of two of the world’s most active volcanoes, Kilauea and Mauna Loa, have defined the nature of this exquisite landscape. Various aged lava flows, ash and explosion deposits underlie and help define its ecology. The Kilauea summit divides the mountain into wetter windward and drier leeward slopes. The wetter side is covered by thick forests of ‘ohi’a trees and hapu’u tree ferns on all but the youngest of flows or cleared land. On the drier side of Kilauea, vegetation tends to be more open, exposing the underlying geology to view. The variety in conditions and age is reflected in the richness of the biology. These special natural resources have been inspiring awe and appreciation for many centuries. The natural and cultural features have received international recognition at Hawai’i Volcanoes National Park as International Biosphere Reserve and World Heritage sites.
History and Land Use.
Following the deposition of the Hawaiian Kingdom, succeeding governments began a process of disposing of lands in the Volcano area. About the same time, the assembly of Hawai’i Volcanoes National Park began nearby, including some of the wetter forests of Kilauea and later a disjunct portion of Mauna Loa wet forest (the “Ola’a Tract”
. The Volcano area lands that were sold were used primarily for vacation residences and small farms. Subsequent subdivision into smaller vacation lots began as mountain houses for local residents. By the mid-1950’s, the small village next to the National Park had expanded into extensive areas of farms and house lots, all platted over the existing forests. Deep ash soils and adequate rainfall were ideal for farming of a variety of crops and later cattle. Also following World War II, extensive subdivisions were cut into the forests. These huge subdivisions were designed not for local vacation homes or expanding the community, but rather for large-scale real estate sales to land investors, primarily from off-shore. Lot sizes varied, but most were a half-acre or less, and most were far from any stores, power lines or main roads. Periodic subdivision of individual lots has continued on a piecemeal basis to the present. In about 1967 the County of Hawai’i designated land use zones in Volcano and other areas for the first time. Large and small lots alike were zoned residential or agriculture, irrespective of lot size, land use or natural resource content. The consequences of both the subdivisions and zoning actions have recently become evident.From their beginnings, the National Park and Volcano area community have had interconnected history and economies. Expansion of park budgets over the years has provided some employment for Volcano area residents, and some of the visitors shop and stay in Volcano establishments. Hawai’i Volcanoes National Park has now become one of the larger visitor attractions in Hawai’i. In recent years this considerable visitor flow has stimulated significant exposure to and sales of Volcano real estate, for retirement and resettlement homes next to a premier National Park, and also as an ever-increasing resale commodity driven by and for off-island speculators. Land sales prices and taxes have been rapidly elevating. Instead of formerly built farm houses or cottages nestled into the forest, recent construction features clear-cutting and re-contouring of lots, and architecture inappropriate for the neighborhoods. Volcano had become the venue for others’ money making.
Adverse Consequences of Unplanned Development
Development of unplanned, scattered subdivisions has created problems of expensive yet reduced public services. The conversion of prime agricultural and natural resources
lands to residential use has been squandering their values as native forest areas that connect and buffer the International Biosphere Reserve (National Park) and adjoining State Natural Area Reserves. A lack of adequate controls in the past has allowed the rampant development of Hawaii’s limited and valuable land and natural resources for short-term gain for the few, while it now is resulting in long-term loss and values of our State’s limited natural resources. The Volcano area is a prime example of this wide-spread problem. The deforestation and urbanization of Volcano’s forests, carried out to the maximum extent as defined by its existing zoning and subdivisions will degrade both the International Biosphere Reserve and the adjoining State Natural Area Reserves. This plus potential, rampant development of the area is likely to diminish the attractive qualities of one of the largest visitor magnets in Hawai’i.
The existing zoning in the Volcano area bears little and inconsistent resemblance to the arrangement of lots and applied land use patterns. Volcano has the largest concentration of small lots in Puna, many of them on Agriculture zoned land. The Volcano area currently has 5303 lots which can be used to construct residences. Its current zoning and lot sizes could expand this number to nearly 8700 house lots. The ‘ohana dwelling permit process could extend the number of houses capable of being constructed to a very much larger number. Past and current practices allow simply by ministerial actions the continued approval of subdivisions and ‘ohana permits. Landowner applications are what drive the system, given Volcano’s existing zoning and lot layout. Many of these applications are from new landowners outside Volcano, mostly offshore, and they result in speculative construction and offshore sales, rather than a community’s normal growth. For those Volcano residents who have lived here for the quiet, natural values of the region, there exists a building crisis.
Volcano is suffering from the simple build-out response to the over abundant amount of land zoned for residential use and the very large numbers of small lots. Unchecked, the resulting urbanization will destroy the forest of the area and place a sizeable urban center alongside priceless region of National Park and Natural Area Reserves. The ongoing and anticipated construction removes and fragments ‘ohi’a forest. The natural connections between the large protected areas will be altered at a much greater scale. Native birds and insects often transit between the protected forest areas, flying across Volcano’s forest canopy in between. Regionally, much of the best native ‘ohi’a forest lies within and next to Volcano, a reflection of its underlying geology and overall pattern of rainfall. The ‘ohi’a forest is finite. Even at lower levels of build-out, the National Park will be increasingly isolated from the richer wet forests of its northeast.
The adverse outcomes can be much reduced. Current land use regulations that have defined this area cannot change what has been created previously without significant changes in local land use policy and practice. The latter is the only way to alter the inevitable trajectory of degradation of forest cover and quality of life in the Volcano area.
The Required Solution: a Biosphere Reserve Buffer Zone
Hawai’i Volcanoes National Park is a special place with special resources. It has received international recognition by being designated both an International Biosphere Reserve and World Heritage Site. The quality of life in this Biosphere Reserve (BR) and in the Volcano area are linked to the degree of development of Volcano, and this development is accelerated by the increasing visitor draw to the Park. Therefore, it seems logical that a program and policy to guide and reduce the scale of Volcano development could benefit the priceless qualities of both areas. In that maintaining the attractive natural qualities benefits of both the BR and the Volcano community helps to preserve the economic engine that is built around the flow of visitors to Hawai’i Volcanoes National Park, all of Hawai’i County benefits from protecting this natural and economic treasure.
Worldwide, some BR’s with surrounding communities have created buffer zones to plan the growth and employment opportunities in ways that protect the resources and culture of both the BR and the communities. Volcano can do so as well if the community and County government are sufficiently motivated and united to do so. Creation of a Biosphere Reserve Buffer Zone adjacent to the existing BR (the National Park) is a logical way to protect both the qualities of the National Park’s wet forests and the quality of life for Volcano residents and visitors. At the same time it can demonstrate how a faulty subdivision layout can be redirected to work for its residents.
Goals of the Biosphere Reserve Buffer Zone
The primary goal of the Biosphere Reserve Buffer Zone (BRBZ) is to retain the generally forested nature of the BRBZ as it develops, so as to retain the natural resource qualities that are desired by its residents and are needed to protect the adjoining Biosphere Reserve and Natural Area Reserves from excessive degradation due to deforestation and other adverse consequences of urban-type build-out.
Another primary goal includes guiding the development activities and extents of the BRBF area so that the Biosphere Reserve core area (Hawaii Volcanoes National Park) and adjoining Pu’u Maka’ala and Kahauale’a Natural Area Reserves are not isolated biologically from each other by the intervening BRBF (the larger Volcano community).
These goals should also retain the quality of life desired by Volcano residents within this BRBZ.
Objectives of the Biosphere Reserve Buffer Zone
The objectives are two-fold, to set up a Biosphere Reserve Buffer Zone with an advisory commission, and to begin and continue the process of installing and implementing measures to operate it.
The objectives of delineating and operating a permanent Biosphere Reserve Buffer Zone are as follows:
Within one year of adoption of this Puna Community Development Plan, Hawaii County shall designate a Biosphere Reserve Buffer Zone (BRBZ) boundary and create an area of no less than 7, 000 acres within the greater Volcano community as a BRBZ Special District or equivalent category for land use regulation. The attached outline of the BRBZ defines its actual perimeter and area (7,000-10,000 acres) which is to be added to the LUPAG and Zoning maps.
Within the same one year, Hawaii County shall designate a nine-member Biosphere Reserve Buffer Zone Advisory Commission to be the interface between the Volcano community and the County agencies that establish and implement the regulations of the Biosphere Reserve Buffer Zone.
Within the same one year, Hawaii County shall pass an ordinance prohibiting any further subdivisions or ‘ohana dwelling permits within the BRBZ and any up-zoning of land within the BRBZ that does not have a favorable recommendation from the Biosphere Reserve Buffer Zone Advisory Commission.
Within the same one year, the Biosphere Reserve Buffer Zone Advisory Commission and Hawaii County shall adopt the first portion of a specialized set of regulations and incentives would encourage the retention of native forest canopy, would reduce the overall building density within the BRBZ, and would redistribute building density to better meet the residents’ needs than do the current zoning designations.
By the end of the second year and on the anniversary of every succeeding year, Biosphere Reserve Buffer Zone Advisory Commission shall report to the Hawaii County Planning Commission, the County Council and the Mayor on the successes and statutory needs of the Biosphere Reserve Buffer Zone for the succeeding year. The Biosphere Reserve Buffer Zone Advisory Commission shall include in their annual report the amount of ‘ohi’a tree canopy lost or gained from all actions during the reporting year.
The objectives of the regulations and incentives that are to apply within the BRBF are as follows:
A primary objective is to reduce the degree of loss of native ‘ohi’a forest canopy as the build-out of the Volcano community ensues. Monitoring the year-to-year amount of ‘ohi’a forest canopy shall be used as a measure of consistency with this objective.
Another primary objective is to reduce the overall building density in the BRBZ.
Another primary objective is to redistribute existing density into areas that meet the needs of Volcano residents over those of outside development markets or landowners.
Another primary objective is to reduce incentives for land speculation in order to allow a planned redirection of land use and natural resource protection.
Another primary objective is to develop innovative and effective measures to achieve the aforementioned objectives while maintaining the quality of life for residents of the BRBZ.
Specific Recommendations for the BRBZ
Amend the Hawai’i County Code (HCC), Article 7 (relating to Special District Regulations), to add sections that will establish and manage a Special District called the Biosphere Reserve Buffer Zone District as per Objectives 1-5 above. This will include the establishment of a Biosphere Reserve Buffer Zone Advisory Commission to act as the interface between the Volcano area community and the Hawai’i County agencies affected by the operations of the Biosphere Reserve Buffer Zone District.
Pass an ordinance that would direct the Planning Director not to accept or process applications for subdivisions (including for consolidation/re-subdivision) or ‘ohana dwelling permits within the Biosphere Reserve Buffer Zone District. The only exceptions would be applications for subdivision (including for consolidation/re-subdivision) that had received a positive recommendation from the Biosphere Reserve Buffer Zone Advisory Commission.
Pass an ordinance that would direct the Hawai’i County Finance Department to establish procedures that will allow property owners within the Biosphere Reserve Buffer Zone District to receive a permanent, low tax assessment in exchange for establishing a permanent restriction prohibiting any construction or development of their dedicated parcels. Instruments to establish this prohibition shall include Conservation Easements (as delineated in Hawai’i Revised Statutes Chapter 198), non-retractable deed restriction, or similar measure. The collective reduction in taxes paid should be reflected in the reduction of County services for the collective avoided development in the District.
Pass an ordinance that would direct and fund the Planning Director to commission a study to develop procedures to legally institute the processes of “Transfer of Development Rights” and “Land Pooling” within the Biosphere Reserve Buffer Zone District and to investigate other measures to redistribute development type and density.
Pass an ordinance that would direct the Planning Director not to accept or process applications for changes of zone within the Biosphere Reserve Buffer Zone District that would increase the building density or allowable uses above those allowed in residential and agricultural zones. The only exceptions would be applications within the context of Transfer of Development Rights and/or Land Pooling, and which had received a positive recommendation from the Biosphere Reserve Buffer Zone Advisory Commission.
Pass an ordinance that would direct the Hawai’i County Public Works and Planning Departments to prohibit any mechanical land clearing or removal of healthy ‘ohi’a trees within required building site yard areas of properties within the Biosphere Reserve Buffer Zone District, except for a single fifteen-foot wide driveway access. This ordinance should include a $10,000 fine (each, per violation) for violating owners and equipment operators, and an efficient process to collect the fine. These fines would be directed into a fund to be set up for purchasing property rights within the Biosphere Reserve Buffer Zone District.
Pass an ordinance that would prohibit the Hawai’i County Public Works and Planning Departments from approving any residential building permit that includes a leach field for disposal of septic system effluent. Instead, these departments should accept alternative and experimental septic system effluent disposal methods using a small-footprint design that is approved by the State Department of Health.
Pass an ordinance that would direct and fund the Planning Director to commission a study to develop procedures to allow small-scale development that does not require a change of zone, such as by Use Permit, Special Permit, Planned Unit Development, and similar allowed and not yet allowed procedures, permits for which that do not run with the land. The goals would be to allow needed small-scale development in areas of predominantly agricultural and residential zoning without encouraging land speculation.
Pass an ordinance that would direct and fund the Planning Director to commission a study to identify the flood paths and source areas in the Biosphere Reserve Buffer Zone District, and to design and recommend ordinance language to implement innovative ways to reduce the scale and impacts of flooding, including the acquisition of or right to strategic vacant, forested lots to use for absorbing floodwaters.
Pass a County Council resolution to ask the State Department of Land and Natural Resources to reassess their unencumbered lands east of Wright Road and convert them to Forest Reserve or Natural Area Reserve status.
Assume the best and ask questions.
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