HomeMy WebLinkAboutBIL 057 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 13 98 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) AT WAIĀKEA, SOUTH HILO,
HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-003:POR. 021.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 13 98 is amended as follows:
“SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 [(2005 Edition)] (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.
The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval;
[The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective
date of this amendment] 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 of the proposed subdivision development shall be secured within seven (7) years from the effective date of this amendment;]
[D.]C. Access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, [Streets
and Sidewalks] County Streets, of the Hawaiʻi County Code. Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of
Public Works;
[E.]D. Underground utilities shall be constructed;
[F.]E. A 10-foot wide road widening strip along the Kawailani Street frontage of the property shall be set aside and delineated on the subdivision plans. All structural setbacks shall
be taken from this future road widening line;
[G.]F. A drainage study of the property, if required, shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction
permit. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval;
[H.]G. The method of sewage disposal shall meet with the [approval] requirements of the
[appropriate government agencies] State Department of Health;
[I.]H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties;
[J.]I. [Should any 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 DLNR-SHPD when it finds that sufficient mitigation measures have been taken]; In the 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, the applicant shall 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 measures have been taken.
[K.]J. [The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste
disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced
proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution
for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land,