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COH/DHHL Memorandum of Agreement <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 placid 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 w the comments of DHHL, and to officially adopted <br />DHHL plans. <br />C. Baud on its plans and DHHL land use designations, DHHL wall determine the <br />appropriate County zoning districts that shall apply to the property in question. <br />DHHL will commuoicalc 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 disuict 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 wrinen 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 />properly. 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 />pennies, DHHL and its lessees will go through the appliubte County permit <br />procedures. At Some time in the future, DHHL may implement 110 own use <br />permit procedure for Hawaiian home lands. If DHHL granfs use pennies, 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. Thc County will advise DHHL of all violations by its lessees. The County will <br />enforce land use coda 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 requiting conformity to applicable laws and <br />regulations, if requested by the County. Ongoing violations and failure to comply <br />will be referred to DHHL *fret the County has exhausted all remedies shat of <br />pursuing legal action to address the violation. DHHL may institute Ica. <br />enforcement proceedings in advance of, or in lieu of, County enforcement actions. <br />COH/Df1HL Memorandum of Agreement <br />Page 3 <br />IV. Relating to Public Facilities and Infrastroemre Servine Hawaiian Home Lands <br />A. In the development of future projects. DHHL will construct public facilities b <br />accordance with County standards. Where departures from County standards are <br />desired, DHHL will pursue exemptions and other administrative variances from <br />the appropriate County department, in accordance with procedures established for <br />all property owners. Should DHHL choose not to construct infrasmtcnue in <br />accordance with County standards, the County may view such improvements as <br />private facilities for repair and maintenance purposes. <br />B. The County will accept operation, repair, and maintenance of all fueve DHHL <br />infrastmctare constructed according to County standards. <br />C. Existing infrastructure shall be subject to County inspection prior to being <br />accepted by the County for operation, repair, and maintenance. The County may <br />require DHHL to repair any damage such as leaks, holes, sags, or deterioration <br />affecting the operation of the existing infrastruenre, identified as 1 result of the <br />inspection. <br />D. In the case of existing infrasrucnue that is not constructed to County standards, <br />the County and DHHL will work to establish minimum standards for residential, <br />agricultural, and pastoral subdivisions. Existing projects will be evaluated based <br />on these new standards. The County may require DREL to upgrade the <br />infrastructure to the minimum standard prior to being accepted by the County for <br />operations, repair, and maintenance. <br />E. The County will maintain infrastructure according to its own standards, resources <br />and schedules. Any decisions as to upgrades or rehabilitation will be at the <br />County's discretion. <br />F. Should DHHL elect to convert its land to a more intensive land use, DHHL will <br />be responsible for upgrading the onsite infrastructure to accommodate the new <br />use, and will consult with the County regarding the need to upgrade ofsite <br />infrastructure. DHHL and the County shall negotiate the extent to which DHHL <br />will be responsible for any such offsite improvements requested by the County. <br />DHHL shall be responsible for project -related offsite improvements to the extent <br />that these would be requited of other developers with similar projects. If ofsite <br />improvements benefit other properly, DHHL and the County shall cooperate so <br />that DHHL bears only its fair share of these improvement costs. <br />G. <br />The County will neat DHHL lessees in the same manner as other progeny owners <br />with respect to conformity with laws, ordinances, and regulations. Thc County <br />will. advise DHHL of violations, and will refer casts of ongoing violation to <br />DHHL after the County has exhausted all remedies Shan of pursuing legal action <br />