COM 0762.019 2004-2006 - Laserfiche WebLink

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Honorable Stacy Higa, Chair and Members of the County Council Hawaii County Council Page 2 April 27, 2006 similar to the Zoning Code requirement in sec. 25-2-3(g). Currently, there is no requirement for public notice at all, except for the recently enacted amendment requiring signs, sec. 23-58A, unless the subdivider asks for a variance. Specifically, the proposed code changes would eliminate two items from having to be shown on the preliminary plat. The first is sec. 23-66(3), which requires the owner to show "the approximate location within the subdivision and in the adjoining streets and property of existing sewers and water mains, culverts and drain pipes, electric conduits or lines proposed to be used on the property to be subdivided and invert elevations of sewers at points of proposed connections". This level of detail is often unnecessary, and if it is necessary, it is covered later when detailed construction drawings must be submitted. See sec. 23-79 and sec. 23- 80, which are unchanged. In addition, it is dubious that the general public would seek this type of information in wanting to offer comments on a proposed subdivision. The second is sec. 23-66(7): "Improvements to be made by the developer and the approximate time such improvements are to be completed. Sufficient detail regarding proposed improvements shall be submitted so that they maybe checked for compliance with objectives of these regulations, State laws and other applicable County ordinances." The actual practice, since at least the 1970's, has been for the County to specify the requirements for the streets, water system, and drainage as conditions of tentative subdivision approval, which is the next stage of the process. It does not add anything to require a description of proposed improvements at the time the preliminary plat is submitted, because the developer must either meet the ordinary standards or apply for a variance. (The variance is a public process requiring public notice and notice to adjoining landowners.) It is not practical to require the developer to give detailed descriptions of proposed improvements at the stage of the preliminary plat because the County may reject the proposed lot layout, or require modifications that change where the roads are located. The amendments also give the planning director the option of waiving some informational requirements. There are legitimate reasons why these could be waived. For example, it sometimes happens that a subdivision affects only a small part of a large parcel of thousands of acres. In this case, it does not make sense to require the preliminary plat to show "location of all existing structures, wells, cisterns, private sewage disposal systems", sec. 23-64(5), or "the location and direction of all water courses", sec. 23-64(3), if these are miles away from the area actually affected.