LIHU‘E — Members of a Kaua‘i County Council committee are taking steps to further prevent developers from moving ahead with projects when they have outstanding grading violations. At a meeting at the historic County Building here Thursday, the council’s Planning
LIHU‘E — Members of a Kaua‘i County Council committee are taking steps to further prevent developers from moving ahead with projects when they have outstanding grading violations.
At a meeting at the historic County Building here Thursday, the council’s Planning Committee looked at two bills aimed at preventing developers from gaining necessary county approvals for developments if they have un-permitted grading violations could result or have resulted in significant environmental damage to Kaua‘i.
In November 2001, un-permitted grading done on land in Kilauea owned by retired O‘ahu auto dealer James Pflueger resulted in mudslides which threatened a home at Pila‘a Bay on the North Shore and flowed onto the reef. Torrential rain contributed to the problem at the time.
The sediment reportedly damaged a small part of the reef, although attorneys for Pflueger contend the runoff is a common occurrence along the shoreline by Pila‘a Bay.
In one of the council bills, preliminary subdivision approval, final subdivision approval, and extensions of the subdivision process, would not be granted when a developer has outstanding violations of the sediment and erosion control ordinance.
Members of the county Planning Commission also may revoke preliminary subdivision approval and extension of the approvals when the developers have outstanding violations, under provisions of the bill.
The revision of the ordinance had been sought by Mayor Bryan J. Baptiste, state Sen. Gary Hooser, D-Kaua‘i-Ni‘ihau, and one-time council chairman Ronald Kouchi, when they all served on the council together.
In the second bill, introduced by current council Chair Kaipo Asing, preliminary subdivision mapping, final subdivision mapping, and extension of times for those procedures, would not be granted if developers have outstanding violations of the sediment and erosion control ordinance.
If a developer had obtained a preliminary subdivision map before the grading violation arose, the preliminary approval would be suspended, Asing explained.
Developers will be told that the subdivision application process will be suspended, and no action will be taken until the grading violations are resolved with county Department of Public Works officials.
The subdivision process would be put back on track when grading violations are resolved, the legislation reads.
County Planning Commission members may also revoke a subdivision application when the owner or agent of a property to be subdivided has outstanding violations of the county’s sediment and erosion control law against him or her.
Staff Writer Lester Chang may be reached at 245-3681 (ext. 225) or mailto:lchang@pulitzer.net.
