BIL 227 Draft 02 2004-2006 - Laserfiche WebLink

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with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. U. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. V. The project shall include a park site or sites consisting of at least one acre developed as a play field or passive recreation area. The park area(s) shall not be located within the Waiaha Drainageway or Flood Hazard Area. W. The applicant, its successors, and assigns shall be responsible for the cost of any sound abatement measures to reduce sound within the project that are required to qualify the Parkway for Federal construction funds. Until the completion of the Parkway through the subject property, covenants in all deeds to the subject property, including deeds to individual units and to any lots subdivided from the subject property, and promotional and sales materials given to prospective purchasers, shall inform prospective owners of the following: "Plans for the area involve the construction of the Parkway within aright-of--way shown on the attached map. The Parkway will be a major highway that is expected to carry a high volume of traffic. The County of Hawaii has determined that the construction of this highway is important to the proper development of Kona as a whole. The construction of the Parkway will create noise, dust, and other impacts. The contractor building the Parkway will be required to follow some regulations to reduce noise and dust, but some impacts will occur. After completion, traffic on the Parkway will cause noise and other effects that must be expected from a busy roadway. A prospective purchaser who cannot accept the future construction of the Parkway in this area is advised to seek another area to reside. This property -9-