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~pSY os N,~Y <br /> . 9 <br /> 4 y i~iGq <br /> COUl\T°T'Y OF ~IAWAI`I 5'I°A'I'E O~ I~A~AI`I <br /> 3 <br /> +164 :~_ao <br /> ~J.',~ <br /> 4>B GF•lyp'~ <br /> BILL NO. 246 <br /> Draft 3 <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 23, HAWAII COUNTY CODE 1983 <br /> (2005 EDITION, AS AMENDED), RELATING TO INFORMATION REQUIRED FOR <br /> SUBMITTAL OF A SUBDIVISION APPLICATION, REVISIONS TO CERTAIN TIME <br /> REQUIREMENTS, AND MINOR "HOUSEKEEPING" CHANGES TO THE SUBDIVISION <br /> CODE. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• <br /> SECTION 1. Purpose and Findings. A recent Hawaii Supreme Court decision <br /> invalidates practices that the County planning department has followed for at least thirty years, <br /> and forces the County to adopt changes in the subdivision code, or risk invalidating hundreds of <br /> past and pending subdivision applications. The court decision, Leslie vs. Board of Appeals, held <br /> that it was mandatory that some information be contained in subdivision applications, and upheld <br /> a decision of the Third Circuit Court invalidating a subdivision that the County had approved <br /> without the required information. <br /> The subdivision code states that the initial application for a subdivision, the "preliminary <br /> plat", is supposed to contain certain information. For many years, the practice has been to defer <br /> some of this information to a later stage in the subdivision application, or to accept the <br /> <br /> preliminary plat for further processing while asking the subdivider to supplement the <br /> information. The most significant difference between past practice and the strict letter of the <br /> Code is section 23-66(7), which requires that the application contain a description of <br /> `'[i]mprovements to be made by the developer and the approximate time such improvements are <br /> <br /> to be completed. Sufficient detail regarding proposed improvements shall be submitted so that <br /> <br /> they may be checked for compliance with the objectives of these regulations, State laws and <br /> other applicable County ordinances." The actual practice has been that the preliminary plat is <br /> circulated to the department of public works and department of water supply, who then give a <br /> general description of the standard of road and water system that must be installed. This is made <br /> a requirement of the tentative approval of the subdivision. The subdivider then prepares detailed <br /> <br />