COM 0159.002 2010-2012 - Laserfiche WebLink

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infrastructure on [Hualalai] Hualalai Road and [Mamalahoa] Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the [planning dcpartmcnt] Planning Department and [department of public works] Department of Public Works. Once those conditions have been met, this covenant may be extinguished; J. [an] An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, K. The 12 -foot wide trail running along the northern portion of the property shall not be disturbed nor blocked from traditional and customary pedestrian use. Furthermore, the minimum structural setback shall begin from the southern edge from the 12 -foot wide trail. L. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and struck through and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval.