BIL 246 Draft 02 2004-2006 - Laserfiche WebLink

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because the purpose of the preliminary plat is to determine the general layout of the subdivision, and detailed construction drawings depend upon the approval of the general layout. It does result in roads and water systems that meet the requirements. In addition, the Code calls for some information on the preliminary plat that the planning department has readily available, such as "zoning on and adjacent to the tract." In an effort to be user-friendly, the planning department will often accept preliminary plats for processing that do not have such information, rather than reject them for highly technical reasons. The Supreme Court decision, however, leaves no room for such practical considerations. The decision creates a dilemma in that there are several hundred subdivision applications pending at the planning department that do not conform to the strict letter of the Code in all respects. Most of the tentative and final subdivision approvals given by the department for several decades are based upon applications that have some defects according to the court decision. The department also continues to receive applications from surveyors and engineers who are submitting applications that would pass muster under the standards followed for many years but are technically deficient. The department cannot ignore the court's direction about how subdivision applications shall be processed, and the issuance of further approvals based on applications that do not fully conform is questionable. To require all pending subdivision applications to be re-submitted with all of the information listed in the subdivision code will cause a tremendous amount of unnecessary paperwork and duplication of effort by the County and by members of the public, not to mention the expense and delay that would accompany that process. The proposed amendments are intended to legitimate past applications received by the department when the department has reviewed the applications and sent them on to other public agencies for review. They validate past tentative and final subdivision approvals which may be based upon applications and preliminary and final plats that are not in full technical conformance with the current Code. They eliminate some requirements and standards that have not generally been followed. SECTION 2. Chapter 23, article 3, division 4, section 23-50, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23-50. Grades and curves. 2