RES 158 Draft 02 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 and large scale developments) shall be processed in the same manner as a zone chance 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," except that the planning director shall render the decision on such applications after due consideration of recommendations from the planning commission and the county council The council may forward a favorable or an unfavorable recommendation on the subdivision application to the planning director. The director shall not grant tentative approval of the preliminary plat without written recommendations from the council which recommendations shall be set forth within a resolution and which may subiect the proposed subdivision to certain conditions. The planning director shall render a decision on the subdivision application, and the director may approve or disapprove the application. If the director disapproves the subdivision application the director shall not grant tentative approval of the preliminaryplat as submitted and shall state the reasons for disapproval in writing to the applicant. (2) For a subdivision of seven or more lots the council may recommend the imposition of conditions on the applicant's use of the property subiect to the subdivision provided that the council finds that the conditions are: " ~Al Necessary to prevent circumstances which may be adverse to the public health safety and welfare: or (B) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: 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 approval shall be processed in the same manner as a zone change except that the planning director shall render the decision on such applications after due consideration of recommendations from the planning commission and the county council. 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 their recommendations 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 a council resolution recommending that the approval of the preliminary plat and any final plat expire and be of no further force or effect." 2