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HomeMy WebLinkAboutRES 698 Draft 03 1980-1984. ,, p~ 0 County of Hawaii-State of Hawaii Resolution No. 698 - 83 (Draft 3) WHEREAS, water development is a necessary component in the planning and zoning of our lands; and WHEREAS, the public sector is incapable of funding the infrastructure necessary for such water development; and WHEREAS, The private sector has expressed an interest to fund water development. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it establishes the following circumstances under which change of zone requests may be considered and directs the Planning Department and Planning Commission to implement the criteria for processing zoning applications using the following provisions: . 1. Requests involving a private water system shall be favorably considered under the follcwing limited circumstances: a. Proof of a private. water well of such quality and quantity adequate to meet the needs of the proposed development. Said determination shall be jointly made by the Departments of Water Supply and Planning upon consultation with the State Department of Health and the Division of Water and Land Development of the Department of Land and Natural Resources; or b. Agreement that is executed between the developer and the County through its Departments of Water Supply and Planning to undertake a water source development program with and under the following conditions: 1) The developer executes an agreement, which is accompanied by a partial bond, surety or other security deemed appropriate by the Planning Director, to undertake the water source development program; }- 2) There is a specific construction timetable for the water source development program; status reports; and any other information deemed impo-rtant by the Departments of Water Supply and Planning to assure reasonable progress to undertake the water development program; 3) The effective date of the rezoning ordinance occurs only after a) there is assurance(s) satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Division of Water and Land Development of the Department of Land and Natural Resources, that a source of sufficient quality and quantity has been O established within two years from the date the ordinance is signed by the Mayor; provided that a maximum one year extension may be granted by the Planning Director with reasonable and sufficient justification; and b) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the developer and the County through its Departments of Water Supply and Planning for the actual development of a proven water source and its water transmission and distribution system within one year from the official date of compliance with item 3)a); provided that a one-year extension may be granted by the Planning Director with reasonable and sufficient justification. 4) No subdivision of any portion of the land unless and until items 1-3 have been complied with; and _.__. _ 5) The Planning Director shall be mandated to initiate action to immediately nullify the ordinance if any of the above has not been complied with. 2. Requests involving the public water system shall be favorably considered under the following limited circumstances: a. A water commitment for the proposed development is issued by the Department of Water Supply; or b. An agreement is executed with the Department of Water Supply for an exploratory well; provided that-- 1) there are funds sufficient to cover the water source exploratory program; 2) there is a specific construction timetable for the exploratory program; status reports; and any other information deemed important by the Departments of Water Supply and Planning to assure reasonable progress to undertake the water development program; 3) the effective date of the rezoning ordinance occurs only after a) there is assurance(s) satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and Division of Water and Land Development (DLNR), that a source 0 0 of sufficient quality and quantity has been established within two years from the date the ordinance is signed by the Mayor; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and b) an agreement, together with the appropriate surety and/or bond, is executed with the Department of Water Supply for the actual development of a proven water source and its water transmission and distribution system within one year from the official date of compliance with item 3)a); provided that a one-year extension may be granted by the Planning Director with reasonable and sufficient justification. 4) No subdivision of any portion of the land unless and until items 1-3 have been complied with; and 5) The Planning Director shall be mandated to initiate action to immediately nullify the ordinance if any of the above has not _been complied with; or c. An agreement is executed with the Department of Water Supply for the actual development of a proven water source and its water transmission and distribution system. The agreement shall provide for the issuance of a water commitment; or- _- d. Public funds are available and/or have been appropriated for the construction of certain water improvements, when completed, would enable the developer to secure a water coovidednthatom the Department of Water Supply; p 1) the effective date of the rezoning ordinance occurs only after the contract for the construction of the needed improvements has been awarded within two years from the date the ordinance is signed by the Mayor; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and 2) no subdivision of any portion of the land unless and until item-d-1) has been complied with; and 3) the Planning Director shall be mandated to initiate action to immediately nullify the ordinance if any of the above has not been complied with. BE IT FURTHER RESOLVED that the Council of the County of Hawaii directs the Planning Department and Planning Commission to process applications in accordance with the criteria as established above. 1,~ ,~ BE IT FURTHER RESOLVED that the.Clerk of the County of Hawaii remit true copies of this Resolution to the Planning Department, Planning Commission and the Mayor of the County of Hawaii. Dated at Hilo, Hawaii, this 9th day of August , 1983. INTRODUCED BY: COUNCIL MEMBERS, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on August 9, 1983 ATTEST: ~~ ,, ~ COUNTY CLE ~ HAIR AN & P DING OFFICER ROLL CALL VOTE AYES NOES A/E o X De Luz, III X Domingo X Fujii X Hale X Kawahara X Lai X Schulte X Chr. Yamashiro X Reference: M.B. Nc RESOLUTION No. 698-- 83 Dra t