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Restrictive covenants in the deeds of all proposed lots within thepropertv shall <br /> give notice that the terms of the zoning ordinance prohibit the construction of a <br /> second dwelling unit and condominium propertv regimes on each 1-acre lot This <br /> restriction maybe removed b~amendment of this ordinance by the County <br /> Council. The owner of the propertv may also in addition impose private <br /> covenants restricting the number of dwellings A copy of the proposed <br /> covenant(s) to be recorded with the State Bureau of Conveyances shall be <br /> submitted to the Planing Director for review and approval prior to the issuance of <br /> Final Subdivision Approval A copy of the recorded document shall be filed with <br /> the Planning Department upon its receipt from the Bureau of Conveyances <br /> H. Before final subdivision approval, applicant must obtain reclassification of the <br /> RA-1 a zoned area from the State Land Use Commission to the Rural or Urban <br /> district. This condition may be waived b the Planning Director after consultation <br /> with Corporation Counsel, if an appellatejudicia] decision or substantive change <br /> to Chapter 205, Hawaii Revised Statutes, clearly establishes the legality of this <br /> project in the Agricultural State Land Use district including the residential uses of <br /> the lots; <br /> <br /> L The applicant shall make its fair share contribution to mitigate the potential <br /> regional impacts of the property with respect to parks and recreation fire police <br /> solid waste disposal facilities and roads. The fair shaze contribution shall be <br /> initially based on the representations contained within the change of zone <br /> implication and maybe increased or reduced proportionally if the lot counts are <br /> adjusted. The fair share contribution shall become due and payable prior to <br /> receipt of Final Plan Approval or within five years from the effective date of this <br /> amended change of zone ordinance, whichever occurs first The fair share <br /> contribution for each lot shall be based on a maximum density for each lot as <br /> determined by the zoning resulting from this change of zone. The fair share <br /> contribution in a form of cash, land, facilities or any combination thereof shall be <br /> determined by the County Council. The fair share contribution maybe adiusted <br /> -4- <br /> <br />