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COM 0032.086 2006-2008
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COM 0032.086 2006-2008
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Last modified
12/9/2015 2:50:57 PM
Creation date
5/8/2008 6:39:05 PM
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Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
0032
Point
086
Author
Harry Kim, Mayor
Communications - Referred To
COUNCIL
Comments
Presented: Council - 10/17/07
Document Relationships
AGE COUNCIL 2007/10/17 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Council
BIL 167 Draft 01 2006-2008
(Related)
Path:
\Council Records\Bills\2006-2008
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COH/DHHL Memorandum of Agreement <br /> <br /> Page 2 <br /> comments, and to the Hawaii County General Plan, and other officially adopted <br /> plans such as Community Development Plans. All land uses on DHHL property <br /> will be placed according to the applicable DHHL plans. <br /> B. The County will consult with DHHL over the appropriate designations of DHHL <br /> property in the Hawaii County General Plan LUPAG maps, and shall give due <br /> weight and consideration to the comments of DHHL, and to officially adopted <br /> DHHL plans. <br /> C. Based on its plans and DHHL land use designations, DHHL will determine the <br /> appropriate County zoning districts that shall apply to the property in question. <br /> DHHL will communicate these zoning districts to the County. <br /> D. All normal land use controls will be applied by Hawaii County to DHHL property <br /> according to the zoning district selected by DHHL. Except as specifically <br /> provided in the Agreement, DHHL will follow all normal land use procedures, <br /> regulations, and standards applicable to the zoning district. <br /> E. All land use permit applications on Hawaiian home lands must be accompanied <br /> by written consent from DHHL before the County can begin processing those <br /> applications. <br /> F. The standards of the various zoning districts selected will apply to DHHL <br /> property. DHHL and its lessees will go through normal County administrative <br /> variance procedures if they seek exemptions from standards. <br /> G. For uses allowed in the various zoning districts that require special permits or use <br /> permits, DHHL and its lessees will go through the applicable County permit <br /> procedures. At some time in the future, DHHL may implement its own use <br /> permit procedure for Hawaiian home lands. If DHHL grants use permits, it will <br /> be responsible for enforcing violations of those permits. The County will be <br /> notified when DHHL has formulated its use permit system. <br /> H. The County will advise DHHL of all violations by its lessees. The County will <br /> enforce land use codes and regulations on Hawaiian home lands in the same <br /> manner as with other landowners. DHHL will cooperate with the County in <br /> enforcing the terms of its leases requiring conformity to applicable laws and <br /> regulations, if requested by the County. Ongoing violations and failure to comply <br /> will be referred to DHHL after the County has exhausted all remedies short of <br /> pursuing legal action to address the violation. DHHL may institute lease <br /> enforcement proceedings in advance of, or in lieu of, County enforcement actions. <br /> <br />
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