HomeMy WebLinkAboutBIL 099 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 11 73 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – FORTY ACRES (A-40a) TO AGRICULTURAL – FIVE ACRES (A-5a) AT PUʻUKAPU, SOUTH KOHALA DISTRICT, HAWAI‘I,
COVERED BY TAX MAP KEY: 6-4-017:042.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 11 73 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 (“Applicant”) shall be responsible for complying with all of the stated conditions of approval.
[The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety( 90) days
from the effective date of this change of zone.] The Applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water
facilities charges are paid in full.
Final subdivision approval shall be secured within five (5) years from the effective date of this amended ordinance.
The driveway connection to the Māmalahoa Highway shall conform to Chapter 22, County Streets, of the Hawaiʻi County Code. No more than one lot will be permitted to have a driveway taking
direct access from the Māmalahoa Highway. All other proposed lots shall be provided with access via a subdivision roadway that meets the minimum requirements of Chapter 23, Subdivisions,
Hawaiʻi County Code and constructed in a manner meeting with the approval of the Department of Public Works.
The [applicant]Applicant shall provide a 15-foot-wide future road widening setback along the entire property frontage of Māmalahoa Highway.
The [applicant]Applicant shall provide a 50-foot-wide roadway and utility easement for the future extension of Hauhoa Street to the western boundary of the property (adjoining TMK: 6-4-017:43).
[Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium
property regimes on 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 State of Hawaii 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 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 Sedimentation Control of the Hawaiʻi County Code.
Any construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawaiʻi County Code. All development generated
runoff shall be disposed of on-site and not be directed toward any adjacent properties. A drainage study, including proposed on-site drainage improvements which may include pervious
or porous asphalt, shall be prepared by a licensed civil engineer and submitted to and approved by the Department of Public Works prior to or in conjunction with any building permit
or land disturbance permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public [works] Works prior to receipt
of final occupancy or certificate of occupancy permit, as the case may be.
The method of sewage disposal shall meet with the requirements of the State Department of Health.
[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-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance
from DLNR HPD when it finds that sufficient mitigation measures have been taken.] Prior to