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All PD-H applications shall be processed in accordance with § 21-2.40-2.
(1990 Code, Ch. 21, Art. 8, § 21-8.50-9) (Added by Ord. 99-12)
Any application for a cluster or a PD-H project shall be accompanied by:
(a) Project name;
(b) A location map showing the project in relation to the surrounding area and the location of all major community facilities within a 0.5 mile radius of the project;
(c) A site plan showing:
(1) A metes and bounds map of site, prepared and certified by a registered engineer or surveyor, including any deed restrictions;
(2) Lot layout and approximate dimensions, lot number of each lot, area of each lot, proposed use of each lot, total number of lots, and total area of project;
(3) Locations, names, dimensions, approximate gradients and radius of curves of existing and proposed streets within and adjacent to the project; approximate location and area dimensions of existing and proposed easements; existing and proposed drainage facilities; and existing and proposed utilities, including sewers, water, electric, telephone, and refuse;
(4) Approximate location of areas subject to inundation or stormwater overflow, and all areas covered by waterways, including ditches, gullies, streams, and drainage courses within or abutting the site and features such as slide areas or falling boulder areas likely to be harmful to the project or the surrounding area;
(5) Existing contours at vertical intervals of 5 feet where the slope is greater than 10 percent, and contours not more than 2 feet where the slope is less than 10 percent;
(6) The finished condition to be achieved by proposed grading to be shown by contours, cross-sections, spot elevations, or other means, and estimated quantities of cut and fill. Elevations shall be marked on such contours based on established benchmark;
(7) Approximate location and general description of any historical or significant landmarks or other natural features, and trees with a trunk diameter of 6 inches or more at 5 feet above ground, and an indication of the proposed retention or disposition of such features;
(8) Location, size, spacing, setbacks and dimensions of all existing and proposed structures, and improvements, including the number and type of dwelling units;
(9) The shoreline, shoreline setback lines, beach access and stream and other setback lines, when applicable;
(10) Location with notations, and the sizes of all parcels of land, including streets, improvements, facilities, and easements, proposed to be dedicated to the city, or whether the streets, improvements, facilities, and easements are to be private;
(11) Number and location of dwelling units and guest parking (covered and uncovered); and
(12) Abutting land uses.
(d) Architectural plans which show prototype dwelling units, including floor plans and elevation drawings, with sections, dimensions, and floor area;
(e) A landscape plan which includes identification of proposed trees by caliper and other plant material by species;
(f) A prose description of the project including: objectives of the design concept; unique site conditions; and development schedule (number of units and other development features for each phase); and
(g) Proposals for maintenance and conservation of all common elements.
(1990 Code, Ch. 21, Art. 8, § 21-8.50-10) (Added by Ord. 99-12)
The director shall approve, approve with modifications, or deny with reasons the cluster housing or the PD-H application, based on the following criteria:
(b) The applicant’s compliance with requirements of other government agencies;
(c) The applicant’s compliance with all other application requirements, as specified in § 21-8.50-10, application requirements;
(d) Assurance that the proposed development will be of quality and character compatible with surrounding land uses and will have the same beneficial effect on the health, safety, and welfare of persons living or working in the area, as would any use or uses generally permitted in the district; and
(e) No cluster or PD-H shall be granted approval if the land is found by the director, upon consultation with other governmental agencies, to be unsuitable for the proposed use, based on the following conditions:
(1) Susceptibility to flooding;
(2) Poor drainage;
(3) Unstable subsurface;
(4) Groundwater or seepage conditions;
(5) Inundation or erosion by seawater;
(6) Susceptibility to slides or similar hazards;
(7) Adverse earth or rock formation or topography; and
(8) Other features or conditions likely to be harmful or dangerous to the health, safety, or welfare of future residents of the proposed project or to the surrounding neighborhood or community.
Approval shall not be granted unless satisfactory protective improvements or other measures have been proposed by the applicant and approved by the director in consultation with other governmental agencies.
(1990 Code, Ch. 21, Art. 8, § 21-8.50-11) (Added by Ord. 99-12)
The director may approve exclusive agricultural sites under the following conditions:
(a) The minimum leasable area within an exclusive agricultural site shall be 5 acres, irrespective of the minimum lot size of the applicable zoning district;
(b) All structures for temporary, seasonal, or permanent residential occupancy or habitation shall be prohibited;
(c) Exclusive agricultural site provisions shall be applicable only to leasehold lands located within an agricultural-zoned district and shall require a lease term of no less than 10 years. The term of the lease shall be clearly defined in the lease agreement;
(d) If a resource concern is identified by the United States Department of Agriculture Natural Resources Conservation Service or appropriate State of Hawaii Soil and Water Conservation District, the owner of the parcel and lessees shall submit a conservation plan approved by a certified conservation planner upon application for an exclusive agricultural site;
(e) The owner of the parcel shall also submit a map, drawn to scale, of the parcels indicating the land area under consideration for the exclusive agricultural site, the number of existing or proposed leasable areas and acres, and a copy of the executed lease agreements;
(f) Before final approval of the site by the director, the leases within or a master lease for an exclusive agricultural site shall be recorded in the bureau of conveyances or the land court, or both, as is appropriate, and a certified copy of the recorded document shall be filed with the director. Each lease shall:
(1) Restrict uses to those principal and accessory agricultural uses as defined in this chapter, except that farm dwellings or structures suitable for residential occupancy or habitation shall be prohibited;
(2) Provide a roadway maintenance agreement for all roadways within the exclusive agricultural site; and
(3) Assure implementation of the conservation plan required in subsection (d) and compliance with such plan, including maintenance of conservation improvements specified therein;
(g) Notwithstanding Chapter 22, the following infrastructure standards shall apply:
(1) A water system shall not be required for an exclusive agricultural site; and
(2) Roadway improvements, including street lights and utility lines, may be approved within an exclusive agricultural site which do not meet the standards established under Chapter 22; provided that they shall be the property and the responsibility of any one or more of the following: the subdivider, lot owner, or lessees, pursuant to an executed roadway maintenance agreement;
(h) If conditions in the area in which an exclusive agricultural site is located change to such extent that the exclusive agricultural site no longer promotes diversified agriculture, the fee owner may apply to the director to nullify the site permit; provided that the consent of all lessees within the site is secured. Upon the approval of the nullification of the exclusive agricultural site by the director, the parcel shall revert to its original status; and
(i) In the event of expiration or termination of the lease before its stated term, the exclusive agricultural site shall be nullified, and the parcel shall revert to its original status.
(1990 Code, Ch. 21, Art. 8, § 21-8.60) (Added by Ord. 02-63)