2006-07-06_Memorandum_re_Puu_Lani_Ranch

Home

The Hawai'i County Charter("Charter") expressly confers upon the Planning Director the following powers in pertinent part: Section 6-4.2. Planning Director. (e)Administer the subdivision and zoning ordinances and regulations adopted thereunder. (i)Perform such other related duties and functions as may be necessary or required pursuant to law and this charter. Although the Charter does not confer upon the Planning Director the express power to grant final subdivision approval subject to certain conditions, such power is implied under Section 6-4.2(i) of the Charter because it is necessary for administering the subdivision code,the purpose of which in part is to protect the health and safety of the residents of Hawai'i County. Accordingly, it also stands to reason that the Planning Director has the implied power to enforce the conditions upon which final subdivision approval is granted by the Planning Director. Without such implied power, there would be no reason to make such conditions because the subdivision applicant would never be held accountable to complying with the conditions once final subdivision approval is granted. On the other hand, the Planning Director could require the completion of all conditions prior to granting final subdivision approval,but this would preclude developers from securing final subdivision approval prior to completion of construction of improvements secured by a bond or other security. As a result,most developers would be unable to obtain a loan to cover the cost of the improvements because they would be unable to sell any lots until securing final subdivision approval. 7