HomeMy WebLinkAbout2014-63 DRAFT G&G Bill by RS Communications No. 2014-63
DRAFT BILL: ON IMPROVING GRUBBING/GRADING OVERSIGHTAND ENFORCEMENT
WHEREAS, the Puna Community Development Plan, in the Malama I Ka 'Aina section, page 2.8
states: "2.2.3 Actions (b) Amend the grubbing and grading ordinance and/or the zoning code to
protect native species, geological and historical features outside of the BRBZ by preventing pin-
to-pin lot grading, clearing and grading encroachments onto adjacent lots and water diversions
into adjoining properties. The new regulations should provide standards for the preservation of
native vegetation, review and public notice procedures for grading permits, and penalties for
violations [emphasis added]. " and
WHEREAS, often developers fail to apply for a permit prior to grubbing/grading in order to
avoid obstacles to their project such as the presence of endangered species, critical habitat,
archaeological, historic, cultural or geological features, and
WHEREAS, unpermitted grubbing/grading can lead to negative impacts to the environment,
public services, neighbors, etc., and
WHEREAS, although the responsible party (landowner, lessee or renter) can be cited and fined
for grubbing/grading without a permit, the damage is already done and irrevocable, and
WHEREAS, the responsible party will find it cheaper to pay the $50.00 fine, which is not a
disincentive, and which is factored into the cost of development, and
WHEREAS, the responsible party is then, in effect, rewarded for this illegal behavior by being
granted a meaningless permit retroactively, and
WHEREAS, the contractor who provides the heavy equipment that does the actual unpermitted
grubbing/grading is not held responsible in any way,
THEREFORE, in order to instill more respect for and compliance with the legal process, to
protect the public and the aina from the negative impacts of grubbing/grading without a
permit, and to create a strong disincentive to unpermitted grubbing/grading,
BE IT ENACTED that:
Any person or entity who arranges to have land grubbed/graded without a permit shall,
in addition to penalties already enacted, also be charged a flat fee of$50,000 and denied a
building permit for a five (5) year period, and
Any contractor who operates grubbing/grading equipment without ensuring that the
job is permitted, and/or whose work is not in compliance with the permit, shall also be held
liable and fined a flat fee of$50,000 and have his license revoked for a period of five (5) years.