COM 0762.016 2004-2006 - Laserfiche WebLink

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Testimony Bill 246, Planning Committee April 18, 2006 The County is not forced to adopt changes to the subdivision control code. The Planning Department is being forced to change administrative practices to comply with Chapter 23. The Planning Director would prefer to amend the subdivision control code. Bill 246 gives the planning director complete discretion to defer or waive substantive technical information on subdivision plans. Those items that may be waived on preliminary subdivision plans under section 23-63 to 23-66 are substantive requirements .integ .integrated from related state and county regulations. These items are not re-listed as information required on the final subdivision plan, section 23-69 through 23-70. There is no "technical but non-substantive information" qualifier for sectiorry23-63 to 23-66 as amended by bill 246. Th proposed in Bill 246 do not comply with certain Federal, state, and county regulations. For example: 1) HRS 46-6.5 Public access, states in relevant part: "(e) The right-of-way shall be clearly designated on the final map of the subdivision or development..." 2) A second example is HCC Chapter 8 Park dedication code, Section 8-12 (a)(2): which states in relevant parts: "The director shall also determine the location of the area to be provided in perpetuity at the time of preliminary subdivision or preliminary plan approval." 3) A third example is HCC Chapter 27 Flood Control: Section 27-14. Director of public works approval, states in relevant part: "...no subdivision shall be approved without the approval of the director of public works with respect to compliance with the provisions of this chapter...." Section 27-20. Standards for subdivisions, states in relevant part: "(b) All subdivision applications shall identify the areas of special flood hazards and base flood elevations on the proposed site." 4) A forth example is the U.S. National Flood Insurance Act of 1968, and the U.S. Flood Disaster Protection Act of 1973, which requires local government to implement flood management ordinances and enforce them for a community to be eligible for continued coverage under the National Flood Insurance program. HCC Chapter 27 Flood Control Code is currently being reviewed by the DLNR's National Flood Insurance Program coordinator for consistency with the requirements imposed by these public laws. The ability to enforce Chapter 27 will be evaluated. Bill 246 undermines HCC Chapter 27. Comm. No. s- (O Ref. Tot!esertp Ref. Late 6