HomeMy WebLinkAboutBIL 032 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 04 149 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL – 20,000 SQUARE FEET (RS-20) AT KALAOA 1ST AND 2ND,
NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-3-011:068.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 04 149 is amended as follows:
“SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code (2016 Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health, safety, and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
A, The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval.
B. [The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its “Water Commitment Guidelines Policy” within ninety (90) days from
the effective date of this ordinance.] The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that
required water facilities charges are paid in full.
C. Final subdivision approval shall be secured within five (5) years from the effective date of this amended ordinance.
D. [Access to the proposed lots (B-1 and B-2) shall be from Mahilani Drive. Access to proposed lot B-3 shall be from an existing access on Mamalahoa Highway. Access shall meet with the
requirements of the Department of Public Works.] Access to the proposed lots shall be from Mahilani Drive. Access shall meet the requirements of the Department of Public Works. The
existing driveway onto Māmalahoa Highway shall be removed prior to issuance of Final Subdivision Approval.
E. A 10-foot wide “no vehicular access planting screen” easement shall be delineated along all lots fronting [Mamalahoa] Māmalahoa Highway.
F. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties.
G. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval.
H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit and condominium property regimes and any further subdivision
of each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose
private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for
review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County
and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from
the Bureau of Conveyances.
All earthwork and grading shall conform to Chapter 10, Erosion and [Sediment] Sedimentation Control of the Hawaiʻi County Code.
J. A National Pollutant Discharge Elimination System (NPDES) permit and an Underground Injection Control (UIC) permit, if required, shall be secured from the State Department of Health
before the commencement of construction activities.
[J]K. [Should any undiscovered remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate
area shall cease and the Department of Land and Natural Resources State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon
an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken.] In the unlikely event that surface or subsurface historic resources,
including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified
during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation
Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation