Chapter 08 Dedication of Land - Laserfiche WebLink

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8-9 HAWAII COUNTY CODE (b) When funds are needed for implementing a plan to provide or develop land and facilities or for preparing site plans such as design and engineering work, the director of parks and recreation shall submit a written request to the director and the mayor for approval. Upon the mayor's approval, the finance director shall be authorized to release moneys from the fund. (c) No refunds shall be made for any land and building subdivision which the director had granted final approval, except that credit may be given to subsequent subdivision of the same area. (d) All moneys, interests and other forms of earnings resulting from the fee shall thereafter be the property of the County. The interests or earnings accrued from the fee shall be expended in the same manner as the fee itself. (1983 CC, c 8, art 1, sec 8-9.) Section 8-10. Credit for private recreational areas and improvements. (a) Where parks and playgrounds, including improvements, are to be provided in a proposed subdivision, and are to be privately owned and maintained by the future residents of the subdivision, such areas and improvements shall be credited towards the requirements set forth in section 8-7 or the payment of fees in lieu thereof, set forth in sections 8-8 and 8-9. (b) The credit shall be subject to the approval of the planning director, upon consultation with the director of parks and recreation, subject to the following requirements: (1) Yards and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private recreational areas and facilities. (2) The size, shape, topography, geology, access, use and location of the site shall be suitable for park and playground purposes. (3) The physical improvements provided for shall meet the needs of the purchasers or occupants of the subdivision, and are in accordance with the policies and standards of the recreational element of the general plan and park master plan. (4) The use of the site shall be restricted for park and playground purposes by recorded covenants which shall run with the land for the use of the purchasers or occupants in the subdivision. (5) There is adequate assurance as determined by the corporation counsel, for perpetual maintenance of such private parks and playgrounds by recorded covenant running with the land which shall include but not necessarily be limited to the following: (A) Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private parks and playgrounds in perpetuity; and 8-6