RES 158 Draft 01 2006-2008 - Laserfiche WebLink

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(d) P.U.D. Permit Application for Seven or More Lots. (1) In addition to compliance with all other requirements of this chapter, anv application for a P.U.D. consisting of seven or more lots shall be processed in the same manner as a zone change in accordance with Hawaii County Code Chapter 25, Zoning, sections 25-2-42 "Amendments initiated byproperty owners and other persons" and 25-2-43 "Amendments initiated by the council and director." The director shall not grant paztial or full approval of a P.U.D. permit without prior approval of the council, which approval shall be set forth within a zoning ordinance and may be subject to certain conditions. If the council disapproves the P.U.D. application, the director shall not grant partial or full approval of the P.U.D. pennit as submitted and shall state the reasons for disapproval in writing to the applicant. (2) Within anv ordinance for a P.U.D. of seven or more lots, the council may impose conditions on the applicant's use of the property subiect to the P.U.D. permit provided that the council finds that the conditions are: (A) Necessary to prevent circumstances which may be adverse to the public health, safety and welfaze; or (B) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (i) Protection of the public from the potentially deleterious effects of the proposed use, or (ii) Fulfillment of the need for public service demands created b proposed use. (3) Changes or alterations of conditions of anv ordinance for a P.U.D. of seven or more lots shall be processed in the same manner as a zone change, unless the council authorizes the changes or alterations to be made by the director. A request for any change or alteration of conditions shall be submitted in writin tg o the director and referred to the commission and the council for approval. The request shall be accompanied by a filing fee of $250. (4) Failure to fulfill anv conditions of the P.U.D. permit approval within the specified time limitations, or any extensions thereto, may be grounds for the enactment of an ordinance causing any partial or final approval of the P.U.D. permit to expire and be of no further force or effect." SECTION 4. Chapter 25, article 6, division 1, section 25-6-14, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: "Section 25-6-14. Time extensions and amendments. (a) For a P.U.D. of six or fewer lots [A]any request for a time extension or an amendment to a P.U.D. permit or to the conditions of a P.U.D. permit may be granted by the director upon finding that no change has occurred in relation to the property since the P.U.D. permit was issued or that the approval is still valid with respect to any changed conditions. (b) For a P.U.D. of six or fewer lots, lT]the director shall act on any request for a time extension or amendment within forty-five days after the receipt of the request. In granting any time extension or amendment, the director may impose additional conditions to meet the intent of the P.U.D. permit." 3