RES 158 Draft 01 2006-2008 - Laserfiche WebLink

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(2) A description of the provisions made for permanent maintenance of the private roadways within the proposed resort subdivision. (3) A description of how subsequent owners of the property will be notified of the private nature of the improvements and maintenance responsibilities. (e) Application for Subdivision of Seven or More Lots. (1) In addition to compliance with all other requirements of this chapter, anv application for a subdivision of seven or more lots (including, but not limited to, resort subdivisions, planned unit developments, cluster plan developments, and lazge scale developments) 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 by property owners and other persons" and 25-2-43 "Amendments initiated by the council and director." The director shall not grant tentative approval of the preliminarkplat without prior approval of the council, which approval shall be set forth within a subdivision ordinance and may be subiect to certain conditions. If the council disapproves the subdivision application, the director shall not grant tentative approval of the preliminazy plat as submitted and shall state the reasons for disapproval in writin tg o the applicant. (2) Within any ordinance for a subdivision of seven or more lots, the council may impose conditions on the applicant's use of the property subject to the subdivision provided that the council finds that the conditions aze: (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 by the proposed use. (3) Changes or alterations of conditions of anv subdivision ordinance 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 writing to 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 subdivision approval within the specified time limitations, or any extensions thereto, may be grounds for the enactment of an ordinance causin tg he approval of the preliminazyplat and anv final plat to expire and be of no further force or effect." SECTION 3. Chapter 23, azticle 2, division 1, section 23-12, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: "Section 23-12. Submission of application and plans; tiling subdivision code annexes. (a) A person desiring to subdivide land or desiring to partition land by creation of a street within the County shall submit an application for subdivision and 2