RES 244 Draft 03 1996-1998 - Laserfiche WebLink

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17. PUBLIC ACCESS PLAN. OCEANSIDE shall develop, in consultation with community groups, a final comprehensive Public Access Plan. The Public Access Plan shall be submitted to and approved by the Director prior to final subdivision approval of the first small -lot subdivision. a. The final comprehensive Public Access Plan shall be developed in consultation with the Director and the Hawaii State Department of Land and Natural Resources ("DLNR") and shall include mauka-makai and lateral shoreline accesses, parking area(s), signage, emergency response considerations, restrictions on use (if any), provision of recreational and restroom facilities at appropriate locations, and related improvements. b. In accordance with Ordinance 96-7 and 96-8, the Public Access Plan shall also integrate at the trail heads, shoreline access parks and the historical park, any public accessway(s) to the interpretive trail system(s) and to the historical and archaeological sites. Such a Public Access Plan shall be approved by the Director, in consultation with the DLNR. In developing the Public Access Plan, OCEANSIDE should attempt to protect both land and ocean resources and natural conditions, as reasonably practicable. 18. COASTLINE PARK. OCEANSIDE shall develop the portion of its lands in the Property located in the Conservation District for use as a Coastline Park for the benefit of the public pursuant to the Approvals. a. Construction and Development of the Coastline Park. OCEANSIDE shall be responsible for any and all costs associated with the design, operation and maintenance, construction and development of the Coastline Park, including, without limitation, the costs associated with obtaining any necessary Approvals associated with the same. Notwithstanding the foregoing, OCEANSIDE may transfer it obligations, in whole or in part, under this paragraph to the Project's "Homeowner Association" or other similar entity formed for the purpose of serving as the governing body for all the members and owners of the Project for the protection, improvement, alteration, maintenance, repair, replacement, administration and operation of the common areas, for the assessment of expenses, for the payment of losses, and for other matters as may be provided for in the Project's Declaration, the Homeowner Association's Articles of Incorporation, the Homeowner Association's By-laws, or the Project's Design Guidelines, The Declaration shall contain language providing for the perpetuity of the Coastline Park and its availability to the public for use in accordance with certain rules and guidelines that will be established in the public access plan as required under SMA Permit No. 345 to be submitted by OCEANSIDE to the Director for approval. Additionally, if requested by OCEANSIDE or the Homeowner Association, and if approved by the COUNTY, which approval shall not be unreasonably withheld, said Developer or the Homeowner 17