HomeMy WebLinkAboutORD 1991-036 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. a o 9 _
ORDINANCE NO. 91 36
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITIONS B AND I OF ORDINANCE
NO. 88 88, WHICH RECLASSIFIED 7.099 ACRES OF LAND FROM
AGRICULTURAL (A-Sa) TO RESIDENTIAL-AGRICULTURAL (RA-la) AT
KANAUEUE 1ST AND ZND, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-9-12:18.
HE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 88 88 is amended as follows:
"SECTION 2. This change in district classification is
conditioned upon the following: A) the applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval;.B) subdivision plans shall be
submitted for tentative approval within one year from the
effective date of the change of zone. Final subdivision
approval shall be secured within [one year from the date of
receipt of tentative subdivision approval] six months from the
effective date of this amendment; C) a 50-foot right-of-way to
allow for the eventual extension of Mamao Street to the
northern boundary of the subject property shall be included at
the time of subdivision approval; D) a drainage system meeting
with the approval of the Department of Public works shall be
installed; E) should any unanticipated archaeological/
historical sites or features of importance be uncovered during
land preparation activities, work in the affected area shall
cease immediately and the Planning Director shall be notified.
Work in the affected area shall not resume until such time that
clearance is obtained from the Planning Director;
F) restrictive deed covenants for each lot shall be submitted
to the Planning department for review and approval prior to its
submittal to the Bureau of Conveyances for recordation with
final subdivision plat maps. These covenants shall include but
not necessarily be limited to the following: 1) each
developable parcel shall be subject to the agricultural use
requirements of the County Zoning Code; 2) each developable
parcel shall be restricted from any further subdivision. The
restrictive covenants contained herein are encumbrances running
with the land, and shall be binding on all parties and persons
claiming under them until such time that the land is rezoned to
an alternative use; G) appropriate building permits shall be
applied and secured for all structures that were illegally
converted into residences prior to receiving final subdivision
approval, and the applicant shall be responsible to abide by
and adhere to appropriate penalties or fine imposed by the
County for the illegal conversions; H) all other applicable
rules, regulations and requirements shall be complied with,
including those of the State Department of Health; and I) an
initial extension of time for the performance of conditions
within the ordinance may be granted by the Planning Director
upon the following circumstances: a) the non-performance is
the result of conditions that could not have been foreseen or
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are beyond the control of the applicants, successors or
assigns, and that are not the result of their fault or
negligence, b) granting of the time extension would not be
contrary to the general plan or zoning code; c) granting of the
time extension would not be contrary to the original reasons
for the granting of the change of zone; d) the time extension
granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be
performed within one year may be extended for up to one
additional year); and e) if the applicant should require an
additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for
appropriate action. Further, should any of the conditions not
be met or substantially complied with in a timely fashion, the
Director [may] shall initiate rezoning of the area to its
original or more appropriate. designation.
SECTION 3. Should the council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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SECTION 3,. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
.~.
COUN IL MEMBE COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: April 3, 1991
Date of 1st Reading: April 3, 1991
Date of 2nd Reading: April 17, 1991
Effec tive Date: April 24, 1991
APPROVED AS TO FORM AND LEGALITY:
ti ~~Gp~t ~J/i, f~,c~~____
U1PCfTY CORPORATI COUNSEL
DATED: FEB p g 1991
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ENT TO THE ZONING CODE
AMENDM
AMEJ`~t~1Nt5 SECTION ~.5-t37 (NORTH KONA 'ZONE
MAP) ARTICLE ~, CHApTE14 z5 (zON1NG COt'~1=~ ol=
THE HAWAII COUNTY COOC-, ICY CHANGING THE
I7I`3TRtCT Ct--AS51FiCATIOtV ~i'~CM AGRiCUI._TURAL
ATSKANAut=UE I15T ANt~ ~N17,INORTH KONAA-lv)
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