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COUNTY OF HAWAII <br />ORDINANCE NO. <br />STATE OF HAWAII <br />BILL NO. sia <br />AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 2, DIVISION 1, SECTION 23-13, <br />HAWAII COUNTY CODE 1983 (2005 EDITION) RELATING TO LARGE SCALE <br />DEVELOPMENTS. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. The County administers and enforces various regulations to control land <br />use, including the subdivision code and zoning code. These regulations specify what developers <br />can and cannot do in the interest of the public's health, safety, or welfare. The County Council <br />finds that large scale developments proposed in a particular area should be assessed considering <br />a number of factors, including how much public infrastructure is challenged by recent or <br />anticipated growth in the area. The County Council finds that conditions of approval should <br />require that water supply improvements or strategies as specified by the department of water <br />supply to accommodate the impacts of development, as well as transportation improvements or <br />strategies to accommodate the impacts of development on state- or county -owned transportation <br />facilities, be made concurrent with development of large scale subdivisions or condominium <br />property regimes in order to manage growth and coordinate the delivery of government services <br />in the County. <br />SECTION 2. Chapter 23, article 2, division 1, section 23-13, Hawaii County Code 1983 <br />(2005 edition), is amended by adding new subsections to read as follows: <br />"Section 23-13. Large scale developments. <br />The director may make exceptions to this chapter where a plan and program for a <br />complete community, a neighborhood unit, a large-scale shopping center, large industrial <br />area development, or large agricultural area development provides adequate public spaces <br />and improvements for the circulation, recreation, light, air, and service needs of the tract <br />when fully developed and populated and covenants or other legal provisions are provided <br />to assure conformity to and achievement of the plan[..-]: provided, however, that: <br />(a) A subdivision application or condominium may shall not be approved pursuant to this <br />chapter, if the associated development is within the service limits of the department of <br />water supply, unless the department of water supply has issued a water commitment <br />for build -out of the development and the water supply improvements or strategies <br />required by the department of water supply to accommodate the impacts of the <br />development are made concurrent with the development and in compliance with the <br />conditions of the water commitment issued by the department of water supply. <br />