BIL 113 Draft 01 2010-2012 - Laserfiche WebLink

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SECTION 9. Chapter 23, article 2, section 23 -11, Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23 -11. Public utility or public rights -of -way subdivisions. The requirements, including lot sizes, and standards of this chapter shall not be applicable to public utility or public rights -of -way subdivisions and their remnant parcels; provided that the director upon conferring with the director of public works and [manager] manager -chief engineer of the department of water supply may require necessary improvements to further the public welfare and safety." SECTION 10. Chapter 23, article 9, section 23 -108, Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23 -108. Infrastructure. Notwithstanding any other provisions herein, the requirements of this chapter to provide infrastructure improvements shall not apply to a subdivider of a plantation community subdivision, provided that the planning director in consultation with the director of public works and the [manager] manager -chief engineer of the department of water supply may require the improvements necessary to further the public health and safety. All of the proposed lots within a plantation community subdivision shall prohibit the construction of an ohana dwelling or second dwelling unit, or any structure that will further any increase in density of the plantation community subdivision. This prohibition shall be recorded in the deeds of all the proposed lots with the bureau of conveyances and shall be submitted to the planning department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the bureau of conveyances likewise prior to final subdivision approval." SECTION 11. Chapter 25, article 2, section 25 -2 -11, Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 25 -2 -11. Waiver of requirements in consolidation and resubdivision. If the director finds that the public welfare and safety will not be violated, the director may waive portions or all of the requirements and standards of this chapter for consolidation and resubdivision action resulting in the creation of the same or less number of lots than that which existed prior to the consolidation or resubdivision action; provided, that prior to the granting of any waiver, the director shall confer with the director of public works and the [manager] manager -chief engineer of the department of water supply and other applicable government agencies." 4