The intent of this chapter is to provide for the establishment of a research and technology park district pursuant to the findings and recommendations of the general plan and the Kihei-Makena community plan as specified in Chapter 2.80 of this code and Ordinance No. 1490, Bill No. 95 (1984). (Ord. 1541 § 1 (part), 1986)

Whenever used in this chapter, unless a different meaning clearly appears from the context:

A. “Application” means a formal request filed by an owner or lessee pursuant to the provisions of this chapter.

B. “Association” means a group of owners of lots in the research and technology park district (other than the association itself in its capacity as owner of the common area) formed for the purposes set forth in protective covenants, conditions and restrictions.

C. “CC&Rs” means a document listing protective covenants, conditions and restrictions, which shall be recorded with the Bureau of Conveyances of the state of Hawaii, and apply to the research and technology park and to each lot within the research and technology park district.

D. “Committee” means the research and technology park technical review committee hereinafter established.

E. “Design guidelines” means those detailed architectural, engineering, landscaping and/or other design related standards to be applied in the development of a research and technology park which shall be consistent with the performance standards specified herein.

F. “Enforcing agency” means the fire chief of the department of fire control of the county of Maui or such other person or agency designated by the mayor of the county of Maui.

G. “Hazardous materials management plan” or “HMMP” means a document prepared and filed in accordance with Sections 19.33.090 and 19.33.130 of this chapter.

H. “Lessee” means a person holding land situate in the county of Maui pursuant to a recorded lease under which the unexpired remaining term is not less than five years at the time of filing of an application hereunder.

I. “Occupant” means a person holding record fee simple or leasehold title to land situate in the county of Maui and who has legal occupancy in the property in the research and technology park district.

J. “Owner” means a person holding record fee simple or leasehold title to land situate in the county of Maui.

K. “Planning commission” means the planning commission of the county of Maui.

L. “Planning director” means the director of the department of planning of the county of Maui; also referred to as the “coordinator” pursuant to the provisions of this chapter.

M. “Public works director” means the director of the department of public works of the county of Maui.

N. “Research and technology park district” or “research and technology park” or “R&T park” means land specifically designated and zoned for the permitted uses set forth hereinafter in Section 19.33.030 of this chapter.

O. “Uncontrolled discharge” or “uncontrolled release” means any leak, spill or dumping of hazardous materials resulting by accident, any malicious action, or any malfunction, breakdown or circumstance that cannot otherwise be reasonably predicted or prevented by human, mechanical or structural means.

P. “Urban design review board” means the agency established under Article II, Special Management Area Rules and Regulations of the planning commission of the county of Maui adopted pursuant to Chapter 205A, Hawaii Revised Statutes. (Ord. 1541 § 1 (part), 1986)

The following uses shall be permitted within the research and technology park district:

A. Research laboratories and facilities, developmental laboratories and facilities and testing laboratories and facilities;

B. Manufacture, assembly, testing and repair of components, devices, equipment and systems of an electrical, electronic or electromechanical nature;

C. Manufacture, testing, repair and assembly of optical devices, equipment and systems;

D. Manufacture, testing, repair and assembly of testing equipment;

E. Pharmaceutical, biological, medical and agricultural research and production facilities;

F. Administrative offices, distribution and warehouse facilities as may be required to support the permitted uses under this section;

G. Other uses of similar and/or supporting service character may be permitted (e.g., banks, fitness centers, classroom and meeting facilities, restaurants and other support facilities or services catering primarily to the needs of visitors or employees of the R & T park), subject to approval by the planning commission and findings that such uses are consistent with the policies of the Kihei community plan. (Ord. 1541 § 1 (part), 1986)

Within the R & T park, the minimum lot area shall be two acres and the minimum lot frontage shall be two hundred fifty feet, except for lots fronting on a cul-de-sac where the minimum frontage requirement is equal to one-third the outside circumference of the cul-de-sac bulb. (Ord. 1541 § 1 (part), 1986)

The maximum height of any building shall be limited to three stories and shall not exceed forty feet. (Ord. 1541 § 1 (part), 1986)

The yard spacing for buildings shall be as follows:

A. Setbacks from parkway, arterial or collector streets: a sixty-foot building setback shall be provided from the right-of-way which includes at least a twenty-five-foot landscaped setback between parking area and a public right-of-way.

B. Front yard setbacks from other than parkway, arterial or collector streets: a forty-foot building setback shall be provided from the right-of-way which includes at least a twenty-foot landscaped setback between parking area and a public right-of-way.

C. Side yard setback: a forty-foot building setback shall be provided from side property lines of which ten feet is to be landscaped, buffering circulation, storage and parking areas from side property lines.

D. Rear yard setback: a forty-foot building setback shall be provided from rear property lines of which ten feet is to be landscaped buffering circulation, storage and parking areas from rear property lines. (Ord. 1541 § 1 (part), 1986)

The maximum site area covered by structures shall not exceed thirty-five percent of the total lot area. (Ord. 1541 § 1 (part), 1986)

All building construction, alterations and site improvements shall be prepared, reviewed and approved in accordance with the design guidelines as approved by the public works director, and in accordance with Section 19.33.120 and the following standards:

A. Building. The general objective of these standards is to encourage quality architectural and landscape architectural design of all facilities to be constructed within the research and technology park.

1. All buildings shall be designed to be an integral part of the overall site design concept as presented in the design guidelines.

2. Building design should address the following: views and vistas; solar orientation and climate control; orientation toward major streets and thoroughfares; the character of neighboring development; and energy conservation.

3. Design features shall include the following: an entrance drive; landscaped visitor parking areas; visitor entrance and entry plazas; pedestrian plazas and walkways; atriums and interior courts; building and roof forms.

B. Landscape Planting. A comprehensive landscape planting and irrigation plan shall be prepared for all developments in the research and technology park district. The plan shall be subject to the approval of the planning director.

Each development shall be buffered by landscaped areas, as follows:

1. From a parkway, arterial or collector street right-of-way, a twenty-five foot wide landscaped area shall be provided between the parking area and the public right-of-way;

2. Along the front yard of a property other than

that located on a parkway, arterial or collector street, a twenty foot wide landscaped area shall be provided between the parking area and the public right-of-way;

3. Along the side yard of a property, a ten foot wide landscaped area shall be provided; and

4. Along the rear yard of a property, a ten foot wide landscaped area shall be provided.

The streetscape and project landscape shall be maintained by the project occupant(s) individually or collectively through a landowner's association.

C. Parking Requirements. No parking shall be permitted on the internal streets or fronting half streets of the park. Each development shall provide off-street parking facilities in accordance with the requirements of Chapter 19.36, Off-Street Parking and Loading, of the Maui County Code as it relates to industrial or storage uses in the M-1 and M-2 industrial zones, or as may be otherwise provided for in Chapter 19.36. Each development shall incorporate the following:

1. All parking shall be screened from public roads by earthen mounding and/or heavy landscaping.

2. Parking areas shall be integrated with the project's on-site pedestrian circulation system.

3. Parking areas shall not be permitted on the street side of a structure, except for areas designated as visitor, handicapped or preferential parking.

D. Signage for the park and the individual parcel users therein shall conform to the requirements of Chapter 16.12, Outdoor Signs, except for the following provisions:

1. General research and technology park identification signs at the entry location shall be coordinated with the master landscape planting plan and appropriately sized and illuminated to clearly denote the project name for the passing motorists entering the project.

2. The name of each business or parcel user in the research and technology park shall be clearly displayed and individually associated with its facilities when viewed from the street. The user's sign shall display the name and/or symbol of the business only.

3. There may be one freestanding parcel user sign for each individual parcel's public street frontage. If the property frontage exceeds three hundred feet, an additional sign shall be allowed.

4. Detached business identification signs shall not exceed thirty-two square feet on each side, and no freestanding sign shall exceed four feet in height unless approved by the urban design review board.

5. Building identification signs shall be limited to displaying the building name or the name of the business occupying the site. Building signs may be mounted to any vertical surface of a building or building-related wall providing such signs appear as an integral part of the architectural concept.

6. A comprehensive signage plan in conformance with the design guidelines shall be submitted to the urban design review board for review and recommendation to the public works director, who shall approve, approve with conditions or disapprove the comprehensive signage plan.

E. On-site Storage and Loading.

1. Unless otherwise approved by the public works director, no materials, supplies or equipment, including trucks and other motor vehicles, shall be stored upon a site except inside a closed building or in an enclosed area.

2. Provisions shall be made on each site for any necessary vehicle loading or unloading.

3. No on-street vehicle loading or unloading shall be permitted.

F. Screening fences and walls may be permitted by the public works director, in accordance with the approved design guidelines.

G. Access and Driveway.

1. The location and design of access point(s) from public roadways and streets and internal driveways shall conform with requirements of the department of public works.

2. No direct access onto a state highway shall be permitted from individual lots of the research and technology park.

3. Landscaping shall be required at all entrances to the park.

H. Solid Waste Disposal. No refuse collection areas shall be permitted between a street and the front of the building.

I. Roof Equipment. Equipment pipes and ducts on roof tops shall be screened from view along adjacent public roadways or streets.

J. Utilities and Communication Devices.

1. All on-site utilities including, but not limited to, drainage systems, sewers, gas lines, waterlines and wires and conduits associated with street lighting, electrical power, telephone, and communication equipment shall be installed underground.

2. Antennas, towers or devices for transmission or reception of any signals or for energy generation shall be located and designed to be as unobtrusive as possible from neighboring lots and the public streets and shall be subject to approval by the public works director, following review and recommendation by the committee.

3. Lighting shall be required on all internal streets and within all parking lots in the research and technology park.

K. Grading.

1. All building pad elevations shall conform to the overall drainage program for the research and technology park project district.

2. Grading and drainage improvements shall be designed and constructed to minimize adverse dust and runoff impacts on adjacent and downslope properties.

L. Exterior Mechanical Equipment. All exterior components of electrical, plumbing, heating, cooling and ventilating systems should not be visible from adjoining streets, lots or buildings. (Ord. 1541 § 1 (part), 1986)

A. Notwithstanding any other provisions contained in this chapter, no use or activity shall be permitted on any lot or portion of a lot within the research and technology park district, unless conducted in such a manner as not to constitute a nuisance to persons or property situate upon any adjoining lots whether the lots are located within the R&T park or outside of the R&T park. Such prohibited uses shall include, but not be limited to, the following:

1. Any use, excluding reasonable construction activity, of a lot or building which emits dust, sweepings, dirt or cinders into the atmosphere, or discharges liquid or solid wastes or other matter into any stream, river, waterway, leaching pond, cesspool, injection well or drainage system which may adversely affect the health, safety, comfort of, or intended use of their property by persons within the area;

2. The discharge of waste or any substance or materials of any kind shall be in compliance with all applicable laws;

3. The escape or discharge of any fumes, odors, spray, mists, gases, vapors, steam, acids or other substance, toxic and nontoxic, into the atmosphere which discharge may be offensive, detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the area or which may be harmful to property or vegetation;

4. The radiation or discharge of intense glare or heat, or electromagnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened area and then only in such manner that the glare, heat or radiation emitted will not be discernible from any point exterior to the site or lot upon which the operation is conducted;

5. The presence at any point outside of any lot plane of a sound pressure level of any machine, device or any combination of same, from any individual plant or operation or property, which exceeds a decibel level which causes discomfort or annoyance to adjoining properties or lots, and, in any event, a sound pressure level which exceeds that set forth in the design guidelines;

6. The vibration of ground which is perceptible without instruments at a point exterior to the lot which is the source of such vibration;

7. Excessive emissions of smoke, steam or particulate matter (other than emissions caused by compliance with environmental requirements or due to waste control equipment), and visible (outside any building) emissions of smoke or steam which exceed Ringleman No. 1 on the Ringleman Chart of the United States Bureau of Mines (including those arising from disposal of trash and waste materials);

8. Interference with radio, television or other telecommunication signals.

B. Enforcement, Control and Monitoring Requirements.

1. The enforcing agency with technical assistance from the public works director or representative(s) and the committee shall establish such conditions and procedures to control, enforce, limit and monitor any use or activity defined and identified in subsection A of this section and is empowered to promulgate such rules and regulations as shall be necessary to implement the provisions of this chapter. Further, the enforcing agency shall also seek other technical assistance, if appropriate, from federal, state and county agencies as it relates to its duties provided hereinabove.

2. An effluent monitoring system for determining pH and temperature as an indicator of potential hazardous material shall be installed at the point where a park's effluent enters the main sewer line. Such a system will be designed to monitor on a random, periodic basis and not less than daily. Whenever such devices are provided, they shall be connected to attention-getting visual and/or audible alarms. In addition, random sampling of the contents of the sewer line will be made on at least a monthly basis and analyzed by a private licensed laboratory with reports made to the public works director and the enforcing agency.

3. Monitoring wells shall be established to provide baseline water quality information throughout the park with a minimum of three wells per each one hundred acres. These wells are to be monitored on at least a monthly basis with a report summarizing the results submitted to the public works director and the enforcing agency.

C. Hazardous Materials Storage and Handling Guidelines. Guidelines for hazardous materials storage and handling are specified hereinbelow for the research and technology park which will apply to all lots within the district:

1. Part I--General.

a. Purpose. The purpose of these guidelines is to protect the groundwater resources of the state by preventing uncontrolled discharges of hazardous materials into the ground at the research and technology park.

b. Applicability. These guidelines apply to all owners, lessees and occupants of the research and technology park (R & T park) who engage in the handling, storage and disposal of hazardous materials at the R & T park.

c. Administration. These guidelines will be implemented and administered by the association of the R & T park. The association will retain a suitably qualified independent engineer, or chemist or other appropriate professional consultant, acceptable to the enforcing agency and in consultation with the committee, with expertise in hazardous materials handling, storage and disposal. The hazardous materials consultant will administer the procedural requirements of these guidelines and ensure that the substantive requirements of these guidelines are complied with. The hazardous materials consultant will be selected based upon experience, knowledge and expertise in the following areas: (i) federal, state and local regulation of hazardous materials; (ii) evaluation of alternative hazardous materials management and disposal strategies; (iii) health and environmental risk assessments; (iv) soil sampling and groundwater monitoring; (v) groundwater flow and contamination modeling; (vi) development of remedial action alternatives and plans; (vii) supervision or implementation of remedial action plans; (viii) facility inspections; and (ix) environmental audits. The association for good cause may remove the hazardous materials consultant on its own volition and shall remove the consultant at the request of the enforcing agency and in consultation with the committee. The hazardous materials consultant will be reimbursed through fees collected from owners, lessees and occupants engaged in hazardous materials storage, handling and disposal and will report to the association and the enforcing agency or other county agency, as so designated by the mayor of the county. The hazardous materials consultant will also provide technical information and assistance to the enforcing agency in terms of the development of rules and regulations, procedures, methods or programs to implement the provisions of Section 19.33.090, including, but not limited to, the following: recommended methods and criteria for evaluating an HMMP; recommended technical reference information; recommended procedures and methods for recordkeeping, monitoring, inspection, emergency cleanup and repair and handling and disposal of hazardous waste materials; a recommended training program for personnel of the enforcing agency and other county departments responsible for the implementation of this section; and recommended procedures for interagency consultation and/or coordination in the review and enforcement of an HMMP and in the handling of emergencies and conditions of noncompliance with applicable federal, state or county regulations or the provisions of this section.

d. Materials Regulated.

i. Controlled Materials. The materials regulated by these guidelines will consist of all materials listed as hazardous or extremely hazardous by the state, materials listed by the U.S. Department of Transportation, 49 CFR 172.101, as amended, and the Federal Environmental Protection Agency, 40 CFR Part 302; any materials classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a class II combustible liquid, or a class IIIA combustible liquid; and any materials regulated under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).

ii. Exempt Materials. These regulations do not apply to the following materials:

(A) Retail Products. Hazardous materials when contained solely in consumer products packaged for distribution to, and use by, the general public; or commercial products used at the facility solely for janitorial or minor maintenance purposes;

(B) Insignificant Quantities. Hazardous materials in quantities demonstrated to the satisfaction of the association's hazardous materials consultant and the enforcing agency to not present a significant actual or potential hazard to public health, safety or welfare and in compliance with the requirements of the state, the U.S. Department of Transportation and the Federal Environmental Protection Agency and as specified in subsection Cldi of this section.

2. Part II--Limitations on Operations and Activities.

a. Intent. The intent of this subdivision is to limit the occupancy of the property to nonhigh water users who so not use a significant quantity and/or variety of hazardous materials and who do not discharge the water into the county sewer system.

b. Limitations on Operation. Owners, lessees and occupants who propose to engage in high water usage operations and processes requiring significant quantities and/or variety of hazardous materials according to state or Federal Environmental Protection Agency regulations will not be permitted to locate at the R&T park unless the user provides an acceptable recycling system approved by the county as provided in subdivision 3 of this subsection.

c. Limitations on Quantities of Hazardous Materials. At each manufacturing facility, the quantities of hazardous materials permitted to be present onsite at any given time will be limited to volumes which would not necessitate storage in underground tanks, except as set forth in subdivision 4bvii(B) of this subsection.

3. Part III--Hazardous Materials Management Plan.

a. Intent. The intent of this subdivision is to provide for the regulation of hazardous materials use by requiring the submittal of a hazardous materials management plan (HMMP) which demonstrates the safe storage, handling and disposal of all hazardous materials.

b. Applicability. All owners, lessees or occupants proposing to engage in the handling, storage and disposal of hazardous materials are required to submit an HMMP. This requirement does not apply to exempt materials and quantities as provided in subdivision 1 of this subsection.

c. Contents of an HMMP. Prior to the construction of any buildings, structures or other improvement, owners, lessees and occupants intending to engage in the use of hazardous materials are to submit an HMMP as provided for in Section 19.33.130. The proposed HMMP shall include the following information:

i. General Facility Site Plan. The general facility site plan is to consist of a site plan drawn at a scale of one inch to twenty feet which shows the location of all buildings and structures, loading and outside storage areas, parking lots, internal roads, storm and sewer drains and adjacent land uses. Any other relevant information such as the location of wells, surface water bodies, floodplains and earthquake faults should also be shown on the site plan.

ii. Storage Facility Map. The storage facility map is to show the location of each hazardous materials storage facility including all interior and exterior storage facilities, access to such storage facilities, emergency equipment related to each storage facility, and the general purpose of the other areas in the manufacturing facility. The storage facility map shall also indicate the chemical abstract service registry numbers for those hazardous materials listed in 40 CFR 302.4.

The map and registry are intended to provide emergency response personnel with a summary of the key information that they may need on the scene in the event of an emergency.

For tanks, the storage facility map and registry are to indicate the hazardous material contained in the tank by general chemical name, and the capacity limit of the tank.

iii. Hazardous Material Inventory. The HMMP is to contain information on each hazardous material stored in a facility (aggregated over all such materials stored in one or more storage facilities) where the aggregate quantity throughout the facility is greater than five hundred pounds in weight for solids, greater than fifty-five gallons for liquids, or greater than two hundred cubic feet at standard temperature and pressure (STP) for compressed gases. The HMMP is to contain the aggregate quantity range stored at the facility of each hazardous material. The HMMP shall also include a carcinogen identification form which shall indicate the storage of any quantity of any carcinogen listed in the regulations of federal or state agencies. The enforcing agency shall promulgate rules and regulations to further specify provisions for information, public records, trade secrets, and other appropriate requirements.

iv. Separation of Materials. The HMMP is to contain a description of the methods to be utilized to ensure separation and protection of stored hazardous materials from factors which may cause fire or explosion, or the production of flammable, toxic or poisonous gas or the deterioration of the containments.

v. Monitoring Program. The HMMP is to contain a description and, where appropriate, a design diagram of the location, type and suitability of monitoring methods to be used in each storage facility containing hazardous materials.

vi. Inspections. The HMMP is to specify the frequency of inspections of storage facilities which will be undertaken by the occupant, as specified in subdivision 5a of this subsection.

vii. Recordkeeping Forms. The HMMP is to contain an inspection check sheet or log to be held by the enforcing agency and by the occupant on the premises to be used in conjunction with routine inspections.

viii. Emergency Equipment and Personnel. The HMMP is to describe emergency equipment availability, testing and maintenance, and to identify the emergency response manager.

ix. Disposal. The HMMP is to include plans for disposal of any solid, liquid or gaseous hazardous material and waste demonstrating that disposal will be in accordance with the applicable laws. To the extent practicable, however, primary emphasis shall be placed on the recycling or reprocessing of any hazardous waste materials to minimize the need for disposal of these materials.

x. Recycling System. The HMMP is to include plans and specifications of any recycling system and a written description of the uses of the recycled water and types of materials to be recycled.

xi. Additional Information. Additional information may be required for the HMMP where such information is reasonably necessary to ensure against uncontrolled discharges of hazardous materials.

d. Authority, Amendment and Review. The enforcing agency shall approve the HMMP and adopt rules and regulations for the review and approval of the HMMP and amendment of an approved HMMP as it relates to any major changes or modifications thereof. An approved HMMP shall be reviewed periodically by the enforcing agency pursuant to its rules and regulations. In any event, the enforcing agency shall not approve an HMMP or a building and site improvement permit shall not be issued for a proposed project in the R & T park that requires more than the minimum quantity of controlled materials, as specified in Section 19.33.090(C) (1) (d), or any quantity of an identified carcinogen, until responsible personnel of the enforcing agency are trained to implement the provisions of this section.

4. Part IV--Storage and Containment Standards.

a. Intent. The intent of this subdivision is to specify standards for the proper storage and containment of hazardous materials with the objective of preventing uncontrolled discharges into the ground.

b. Storage and Containment Requirements. Primary and secondary levels of containment will be required for all storage facilities intended for the storage of hazardous materials, as specified below:

i. Primary Containment. This is the first level of containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous materials being contained.

(A) All primary containment must be product-tight, i.e., impervious to the hazardous material which is contained, or is to be contained, so as to prevent seepage of the hazardous material from the primary containment. To be product-tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained.

ii. Secondary Containment. This is the level of containment external to and separate from the primary containment.

(A) All secondary containments are to be constructed of materials of sufficient thickness, density and composition so as not to be structurally weakened as a result of contact with the discharged hazardous materials and so as to be capable of containing hazardous materials discharged from a primary container for a period of time equal to or longer than the maximum anticipated time sufficient to allow recovery of the discharged hazardous material.

(B) In the case of an installation with one primary container, the secondary containment is to be large enough to contain at least one hundred ten percent of the volume of the primary container.

(C) In the case of a storage facility with multiple primary containers, the secondary container is to be large enough to contain one hundred fifty percent of the volume of the largest primary container placed in it, or ten percent of the aggregate internal volume of all primary containers in the storage facility, whichever is greater.

(D) If the storage facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty-four-hour rainfall as determined by a twenty-five-year storm history.

iii. Separation of Materials. Materials that in combination may cause a fire or explosion, or the production of a flammable, toxic or poisonous gas, or the deterioration of a primary or secondary container, shall be separated in both the primary and secondary containment so as to avoid intermixing.

iv. Overfill Protection. Means of overfill protection, as determined by the enforcing agency, may be required for any primary container. This may be an overfill prevention device and/or an attention-getting high-level alarm.

v. Drainage System. Drainage of precipitation from within a storage facility containing hazardous materials shall be controlled in a manner so as to prevent hazardous materials from being discharged. No drainage system will be approved unless the flow of the drain can be controlled.

vi. Monitoring Capability. All storage facilities intended for the storage of hazardous materials are to be designed and constructed with a monitoring system capable of detecting whether the hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required. Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual and/or audible alarms.

vii. Underground Storage.

(A) In order to prevent uncontrolled discharge from underground storage of hazardous materials, underground hazardous material storage tanks will not be permitted at the R&T park.

(B) The general prohibition against underground storage tanks does not apply to gasoline tanks installed in conjunction with gasoline sales establishments. Such underground gasoline tanks are subject to the storage and containment requirements set forth above; the requirements for secondary containment and monitoring require particular emphasis. Since the secondary containment of underground tanks may be subject to intrusion by water, a means for monitoring for such water infiltration is to be provided.

viii. Screening of Outside Storage Facilities. Outdoor storage facilities are to be screened from external view and properly secured from unauthorized entry in the manner prescribed by performance standards and other design guidelines for the R & T park.

5. Part V--Inspection and Repair.

a. Inspections by Occupant. Every occupant subject to these guidelines is to provide testing, monitoring and inspections in compliance with the hazardous materials management plan and to maintain records adequate to demonstrate compliance therewith. Such inspections shall be undertaken by a qualified independent engineer, or chemist or appropriate professional consultant acceptable to the association and the enforcing agency. Such inspector may not also be the consultant retained by the association for the purpose of administering these guidelines.

b. Inspections by the Association. The association may conduct inspections, at its discretion, for the purpose of ascertaining compliance with these guidelines. Upon the discovery of any noncompliance, the association shall notify the enforcing agency which shall cause to be corrected any conditions which would constitute any violation of these guidelines or of any other statute, code, rule or regulation affecting the storage of hazardous materials.

c. Inspections by the Enforcing Agency. The enforcing agency shall conduct inspections for the purpose of ascertaining compliance with these guidelines on at least an annual basis or more frequently, if determined to be necessary.

d. Right-of-Entry. Whenever necessary for the purpose of investigating or enforcing the provisions of these guidelines, or whenever any duly authorized enforcement officer of a federal, state or county agency has reasonable cause to believe that there exists in any structure or upon any premises any conditions which constitute a violation of these guidelines, the officer may enter such structure or premises at all reasonable times to inspect the same.

e. Remedial Action. Whenever the enforcement officer finds an instance of noncompliance with the approved HMMP or with these guidelines, the occupant responsible will have ten days to remedy the noncompliance, make any modifications or repairs as required by the enforcement officer and implement appropriate cleanup actions of hazardous materials at the sole expense of the occupant. In addition, an enforcement officer may require an occupant to immediately cease any part of an operation, if determined to be necessary.

The owner's sale/purchase agreement or occupant's lease agreement for the R&T park shall contain specific provisions requiring the owner or occupant to comply with all laws relating to the storage and disposal of hazardous materials, including the provision of this subsection. The agreement shall specify the responsibility for fees and costs arising out of or in connection with the removal or cleanup of hazardous materials or repair, removal or replacement of equipment and storage facilities, in the case of noncompliance with the approved HMMP.

f. Routine Maintenance, Repair or Replacement.

i. The occupant will perform routine maintenance, upkeep and minor repairs in a careful and safe manner. No approvals by the association or the county will be required for such routine maintenance and upkeep.

ii. Any substantial modification or repair of a storage facility other than minor repairs or emergency repairs will require submittal and approval of an amended HMMP which shows such modifications in accordance with subdivision 3 of this subsection prior to the initiation of such work.

iii. The occupant may make emergency repairs to a storage facility in advance to seeking an additional approval whenever an immediate repair is required to prevent or contain an uncontrolled release or to protect the integrity of the containment. However, within five working days after such emergency repairs have been started, the occupant shall seek approval pursuant to subdivision 3 of this subsection by submitting drawings or other information adequate to describe the repairs to the coordinator.

6. Part VI--Emergencies.

a. Uncontrolled Discharge of Hazardous Materials. As soon as any person in charge of a storage facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed uncontrolled discharge of a hazardous material, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such discharge and shall notify the association and the enforcing agency of the occurrence.

b. Cleanup Responsibility. Any occupant responsible for storing the hazardous material shall institute and complete all actions necessary to remedy the effects of any uncontrolled discharge, whether sudden or gradual and shall bear all such costs that are incurred thereof. The enforcing agency may undertake actions to remedy the effects of such uncontrolled discharge itself, if it is determined that it is reasonably necessary under the circumstances to do so. The responsible party shall be liable to reimburse the enforcing agency for all costs incurred in remedying the effects of such uncontrolled release.

c. Recording. The occurrence of each uncontrolled discharge of hazardous materials and response thereto shall be recorded in the monitoring records of the occupant.

d. Indemnification. The occupant shall indemnify, hold harmless and defend the association and/or the county against any claim, cause of action, disability, loss, liability, damage, cost of expense, howsoever arising, which occurs by reason of an uncontrolled discharge of hazardous material in connection with the occupant's operations.

e. Emergency Equipment. Emergency equipment shall be provided by the occupant which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials. Such equipment shall be regularly tested and adequately maintained.

f. Posting of Emergency Procedures. Simplified emergency procedures shall be posted conspicuously in locations where hazardous materials are stored.

7. Part VII--Miscellaneous.

a. Handling Hazardous Materials.

i. Dispensing and mixing of hazardous materials must not be done in such a manner as to risk an uncontrolled discharge.

ii. When hazardous materials are moved into or out of a storage facility, they shall remain in the travel path only for the time reasonably necessary to transport the hazardous material and such movement shall be in a manner which will preclude an uncontrolled discharge.

b. Disposal of Hazardous Waste Materials. All hazardous solid, liquid or gaseous waste materials shall be disposed of in a safe manner to preclude uncontrolled discharge and be stored in properly secured containers within onsite or off-site facilities, subject toapproval by the enforcing agency and as specified in the approved HMMP.

c. Secured Facilities. Access to the storage facilities shall be secured by means of fences and/or locks. The access to the storage facilities shall be kept securely locked when unattended.

d. Out-of-Service Storage Facilities.

i. No storage facility shall be abandoned.

ii. Storage facilities which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.

iii. Any storage facility which is not being monitored and inspected in accordance with these guidelines must be closed and/or removed by the occupant in a manner approved by the association.

8. Part VIII--Technical Assistance. The public works director or representative(s) and the committee shall provide technical assistance to the enforcing agency on all matters relating to this subsection. Further, the enforcing agency shall also seek other technical assistance, if appropriate, from federal, state and county agencies as it relates to the duties provided hereinabove. (Ord. 1541 § 1 (part), 1986)

The planning director shall coordinate the submittal and review of all applications relative to development of lands within the research and technology park district, including, but not limited to, zoning, subdivision, construction of improvements and building and site development. The planning director shall be responsible to facilitate the review process, and may establish time limitations and procedures for review not inconsistent with the provisions of this chapter. (Ord. 1541 § 1 (part), 1986)

The committee shall consist of the managing director, director of planning, director of public works, director of water supply, fire chief, and any other representatives of county, state or federal agencies as designated from time to time by the coordinator. The committee shall be responsible for carrying out the duties enumerated in this chapter, as well as other duties which may be assigned by the coordinator. (Ord. 1541 § 1 (part), 1986)

The owner or duly authorized agent of a parcel of land within the research and technology park district desiring to subdivide the parcel shall file an application in accordance with the following procedures:

A. Preliminary Subdivision Approval.

1. Application for preliminary subdivision approval shall be filed with the coordinator, and include the following information:

a. A site plan showing vehicular traffic circulation and utility service systems;

b. A preliminary subdivision plat map;

c. A topographic map;

d. A conceptual grading and drainage and erosion control plan;

e. Design guidelines and CC&Rs, in accordance with Section 19.33.080;

f. Filing fee, in accordance with the Maui County Code;

g. Other information, as may be required by the planning director.

2. The planning director shall review the application and determine whether it is complete. Within seven calendar days from the date of receipt of the application, the planning director shall refer the application to the committee and other appropriate government agencies for review and comment; or if the application is incomplete, shall return it to the applicant and specify the additional information required.

3. Within twenty calendar days from the receipt of a complete application, the coordinator shall forward the application, together with the recommendation of the committee for approval, approval with conditions, or disapproval, to the director of public works.

4. Within fifteen calendar days from the receipt of the application, the director of public works shall approve, approve with conditions, or disapprove the application for preliminary subdivision approval.

5. Unless otherwise specifically provided for by law, the general provisions of Title 18 of this code relating to subdivisions, shall apply, consistent with the time requirements provided herein.

B. Construction Plan Approval. Any application for approval of construction plans in conjunction with a subdivision having received preliminary approval as provided for in subsection A of this section, shall be submitted to the coordinator in accordance with Section 19.33.130.

C. Final Subdivision Approval. All applications for final subdivision approval shall be submitted to the coordinator for review and processing. Within fifteen calendar days, the coordinator shall forward the application to the public works director, together with a recommendation for approval or disapproval. The public works director shall approve or disapprove the request for final subdivision approval within ten calendar days from the receipt of the application. (Ord. 1541 § 1 (part), 1986)

The owner or lessee of a lot within the research and technology park district, desiring to construct any improvements, or to build, replace, enlarge or modify new or existing structures, where such construction, building, replacement enlargement or modification requires a building, plumbing, electrical or any other type of a permit or approval, shall file an application for such permit or approval with the coordinator.

A. Application Requirements. The application shall contain the following information:

1. A final subdivision plat map, if applicable;

2. A specific development plan, which incorporates the approved design guidelines and also includes, where applicable and required by the coordinator, the following information:

a. A detailed drainage, grading and soil erosion report and plans,

b. Landscape planting plan,

c. Signage plan,

d. Building plans and specifications,

e. Solid and liquid waste disposal plan,

f. Parking and circulation plans,

g. If applicable, a hazardous materials management plan, as specified in Section 19.33.090C,

h. If applicable, technical plans, specifications, monitoring procedures and other information for the effluent monitoring system and monitoring wells, as specified in Section 19.33.090B,

i. Other pertinent information necessary for permit approval;

3. If required, permit fees, in accordance with this code.

B. Procedure.

1. The coordinator shall review the application and determine whether it is complete. Within seven calendar days from the date of receipt of the application, the coordinator shall refer the application to the committee and, if appropriate, the urban design review board and other government agencies for review and comment; or if the application is incomplete, shall return it to the applicant and specify the additional information required.

2. Upon acceptance of an application for a proposed project within the R&T park requiring an HMMP, in accordance with Section 19.33.090C, the coordinator shall immediately publish notice in a newspaper with state-wide or Maui Island circulation to inform the public that such application has been received by the coordinator for processing.

3. Within twenty calendar days from the receipt of a complete application, the coordinator shall forward the application, together with the recommendation of the committee and other appropriate government agencies to the director of public works.

4. Within fifteen calendar days from the receipt of the application, the director of public works shall approve, approve with conditions, or disapprove the application for building or site improvement permit. (Ord. 1541 § 1 (part), 1986)

The construction of off-site improvements for a research and technology park may be financed by improvement district bonds, based on a tax increment funding program or other instrument, in accordance with Title 14 Article 3, Improvement Districts, of this code. (Ord. 1541 § 1 (part), 1986)

If the county of Maui adopts an ordinance for county-wide application dealing with hazardous materials storage and handling guidelines, then upon the effective date of such ordinance, part or all of Section 19.33.090C of this chapter may be rescinded; provided, however, that the county wide ordinance is not less restrictive than the provisions in this chapter. (Ord. 1541 § 1 (part), 1986)