2005-01-21 THOLMES0114 - Laserfiche WebLink

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couldnt place any type of conditions on this type of improvement, unless it can be specifically shown that its going to have some sort of direct impact. GRAHAM:Thats not quite what I was trying to get at. Lets just assume, suppose this wasnt even going on in the SMA area, suppose it was going on somewhere else. Now theres requirements Im sure the developer has to adhere to as far as the access to his property to do this condominium project. So I was just wondering if irrespective of this SMA permit we can kind of see in the future what kind of restrictions or requirements the Planning Department or the County may insist upon as far as access to this so it at least gives us a feel of what will result from what were doing today. DARROW:This might be a better question for Department of Public Works representative Kiran Emler, as far as access and roadway conditions. EMLER:IthinkCommissionerGrahamsquestionwasdirectedtoasto whether or not the Planning Department had any authority over whether or not, over the access to the property in general. And then the question was deferred to the Department of Public Works. Department of Public Works has authority over grading issues, so construction issues having to do with excavation and fill, perhaps the construction of the driveway itself, and during that construction period. An existing driveway such as what were talking about in this case, I think our authority is very limited. I dont know if that-, if thats a progression of your question or not, having to do with this case. Because I believe the issue was having to do with erosion and the condition of the driveway itself. Thats my recollection from the testimony, in the previous hearing. I think the question came up as to whether or not the Department of Public Works had any authority to deal with a problem of erosion and deposits of material onto the County road and possibly washing over into the beach on the other side. I looked into our, also our Chapter 22 , Hawai i County Code Streets and Sidewalks and that Chapter does have a provision in it regarding damage to public roadways, streets in particular and sidewalks. It does have a section that prohibits a person from spreading gravel, oil, other substances that would damage persons or property, or be hazardous to persons or property. I cant exactly remember the exact wording, but thats, that would be something that we could look into. It might be based on the wording possible or challengeable in this case because its not a person thats doing it but its runoff thats doing it; and so its possible that we could take some action whether or not it would be challenged, I dont know. Does that answer your question, Commissioner Graham? GRAHAM:Good enough, thank you. SPRINGER:Other Commissioners? Before Mr. Emler leaves I have a question. Are there any specific ordinances pertaining to driveways or is that what you were citing from? EMLER:Well, Chapter 22 does regulate the construction of driveway approaches within the County right-of-way itself, but not on the private property. There are regulations in the Subdivision Code regarding requirements for driveway access.