HomeMy WebLinkAboutCOM 0480.000 2002-2004 Phone: 808 961-8272
JAMES Y. ARAKAKI ~
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County of Hawaii
Hawaii County BuildinK ~
25 Aupuni Street ~
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Hilo, Hawaii 96720 ~
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January 14, 2004
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TO: Leningrad Elarionoff, Chair
Committee on Planning
FROM: James Y. Arakaki, Chair
County Council
RE: Conditions in Zoning Ordina es
1 notice that conditions attached in a change of zone ordinance have covered a range of
requirements from imposing Department of Education fair-share contributions to detailed
Department of Health requirements for spillage of industrial liquids on a concrete floor.
By making these specific requirements part of the County's zoning ordinance, it then becomes
the County Planning Department's responsibility to enforce these laws. 1 am concerned that
(1) conditions in a change of zone ordinance should not duplicate existing federal or state laws.
rules and regulations since those governmental entities have the personnel/financial resources
and expertise to enforce their own laws, (2) the conditions imposed have a reasonable linkage to
mitigate impacts; and (3) precedent-setting conditions may need to be codified to ensure equal
application under the law.
Thank you for taking these points into consideration.
Comm. Mo. y
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Ref. Date