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Phone: 808 961-8272 <br /> <br /> JAMES Y. ARAKAKI ~ <br /> Chmr~n~an X~Vre.viAng OJpcer dj~, Fax: ($OS) 961-g~g~ <br /> 1'~> <br /> w~ O <br /> 'i'pp'N~ ~ .C <br /> L <br /> CO~j z <br /> COUNTY COUNCIL z'- N <br /> rn <br /> County of Hawaii <br /> Hawaii County BuildinK ~ <br /> 25 Aupuni Street ~ <br /> I' <br /> Hilo, Hawaii 96720 ~ <br /> = w <br /> ` c n <br /> c~ <br /> January 14, 2004 <br /> i <br /> TO: Leningrad Elarionoff, Chair <br /> Committee on Planning <br /> FROM: James Y. Arakaki, Chair <br /> County Council <br /> RE: Conditions in Zoning Ordina es <br /> 1 notice that conditions attached in a change of zone ordinance have covered a range of <br /> requirements from imposing Department of Education fair-share contributions to detailed <br /> Department of Health requirements for spillage of industrial liquids on a concrete floor. <br /> By making these specific requirements part of the County's zoning ordinance, it then becomes <br /> the County Planning Department's responsibility to enforce these laws. 1 am concerned that <br /> (1) conditions in a change of zone ordinance should not duplicate existing federal or state laws. <br /> rules and regulations since those governmental entities have the personnel/financial resources <br /> and expertise to enforce their own laws, (2) the conditions imposed have a reasonable linkage to <br /> mitigate impacts; and (3) precedent-setting conditions may need to be codified to ensure equal <br /> application under the law. <br /> Thank you for taking these points into consideration. <br /> Comm. Mo. y <br /> Ref. To: <br /> Ref. Date <br /> <br />