HomeMy WebLinkAboutBIL 257 Draft 01 1996-1998•
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 257
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 90 008, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL (A -20a) TO AGRICULTURAL (A -3a) AT KAHUA 1 ST, NORTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-07:7.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 90 008 is amended as follows:
"SECTION 2.. This change in district classification is conditioned upon the following:
(A) The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval;
(B) Subdivision plans shall be submitted to the Planning Department 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] three years from the effective date of this ordinance. Minimum lot sizes
shall be determined by calculating the total area within the proposed lot lines
exclusive of easements -for access and drainage purposes and future road widening
setback areas;
(C) , It shall be demonstrated to the satisfaction of the Planning Director that
substantial agricultural activity is being conducted on the lots to be rezoned within
three years from the, date of final subdivision approval. For the purpose of this
condition, "agriculture" shall be defined as the cultivation of crops, including but
not limited to flowers, vegetables, foliage, fruits, forage and timber; game
propagation; raising of livestock, including but riot limited to poultry, bees, fish,
or other animal or aquatic life that are propagated for economic or personal use.
Agricultural activity will be considered substantial: (1) If it provides a major
source of income to the person(s) who resides on the property, or (2) If the
property is dedicated for Agriculture uses in accordance with applicable
Department of Finance, Real Property Tax Division's procedures. This condition
shall be incorporated in each of the deeds for the proposed lots and duly recorded
with the State Bureau of Conveyances. A copy of the recorded deeds shall be
filed with the Planning Department within one year from the date of final
subdivision approval;
(D) Prior to submittal of preliminary subdivision plans, an archaeological
reconnaissance survey report shall be submitted and approved by the Planning
Department in consultation with the Department of Land and Natural Resources -
Historic Sites Section;
(E) Should any unanticipated archaeological sites or features be uncovered during
land preparation activities, work within the affected area shall cease and the
Planning Director notified. Work within the affected area shall not resume until
clearance is obtained from the Director;
(F) A drainage system shall be installed in accordance with the requirements of the
Department of Public Works;
(G) Only one access shall be allowed to the proposed subdivision from Ala Kahua
Drive. Such access shall meet with the approval of the Department of Public
Works;
(H) All other applicable laws, rules, regulations and requirements shall be complied
with;
-2-
(I) Should the council adopted 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;
(J) An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the zone change. The report shall address
the status of the development and the compliance with the conditions of approval.
This condition shall remain in effect until all of the conditions of approval have
been complied with and the Planning Director acknowledges that further reports
are not required; and,
(K) An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances: 1) the non-performance is the result of conditions that could not
have been foreseen or are beyond the control of the applicants, successors or
assigns and that are not the result of their fault or negligence; 2) granting of the
time extension would not be contrary to the General Plan or Zoning Code; 3)
granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone; and 4) 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 5) 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 shall initiate
rezoning of the area to its original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
51
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CbUWIL EMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm• 875
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AMENDMENT TO THE
ZONING CODE-
AMWNDING SWCTtON a.5-95 A
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