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HomeMy WebLinkAboutCOM 0762.067 2004-2006 ~+v,a Harry Kim Christopher J. Yuen Mayor Director ~'+ik•;;•w;+`'~ Brad Kurokawa, ASLA LEED® AP Tountla of Pafmait Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • FAX (808) 961-8742 c.- June 1, 2006 Honorable Stacy K. Higa, Chair and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, HI 96720 Dear Chair Higa and Members of the County Council: SUBJECT: BILL NO. 246 - SUBDIVISION CODE This letter transmits a slightly modified version of Bill 246, relating to the Subdivision Code, which is identified as Draft 5. It also transmits a redlined version showing in red the changes from Draft 2. (The Draft 5 designation is made because council staff has been working on a Draft 3 and Draft 4.) These changes are meant to address public concerns about the bill. They do not significantly change the bill from Draft 2, and deputy corporation counsel Bobby-Jean Leithead-Todd has reviewed these and determined that the changes are not major enough to require sending the bill back to the Planning Commission. The letters and testimony from the public opposing Bill 246 have had two main themes: (1) the belief that it reduced the potential for public input by changing the amount of information required in a subdivision application, and (2) the belief that it gave the planning director too much discretion in what to require in a subdivision. These concerns are largely based on a misunderstanding of the subdivision process. Bill 246 mainly affected what had to be put in an initial subdivision application. It did not change the actual requirements for drainage, water supply, or lot sizes, in a subdivision. And the required information would still inform the public of the basic nature of the subdivision that was planned. But to make this absolutely clear, these amendments to Bill 246 are proposed. Co . No. ~es< Ref. To. Ref. U°te JU N 0 5 2006 Hawai'i County is an Equal Opportunity Provider and Employer. Honorable Stacy K. Higa, Chair and Members of the County Council Hawaii County Council Page 2 June 1, 2006 To improve the potential for public input, Draft 5 requires that the Planning Department publish a semi-monthly list of subdivision applications received. Current law requires no public notice of subdivisions, except for posting of signs. This should increase public awareness of pending subdivisions. There is also an amendment to sec.23-62(e) to make it more explicit that while a tentative approval of a preliminary plat is valid even though certain information may be missing from the application, the subdivision itself has to conform to the substantive requirements of the code. These would be road construction, water supply, drainage, lot sizes, and the like. The amendments say that although the planning director can waive or defer some information, the requirements of drainage, sewage, and water supply must be addressed as conditions of tentative approval. The section regarding road grades and widths, sec. 23-50, is no longer affected by Bill 246 under these amendments, as requested by Councilmember Hoffinann. Some of the testimony complains of problems with planning that have little or nothing to do with subdivisions, but I thought it would be useful to review with the council what has been done with the subdivision process in the past few years. Since December 2000, the Planning Department has: • Ended the practice of using "condominium property regimes" or "CPR's" to subdivide land, with the help of the council in passing Ordinance 02-111. CPR's were misused to create the equivalent of lots that never went through the subdivision process, and which usually violated the zoning code. This was becoming the predominant method of dividing land in the agricultural district, rather than true subdivisions. • Stopped the abuse of questionable lots such as road lots, "plantation camp lots", pole anchor lots, tank site lots, and the like, to be counted as "pre-existing lots" for consolidation and resubdivision, again with the help of the council, in passing Ord. 02-110. • Implemented the public access requirements in Chap. 34 of the Hawaii County Code for the first time and used them to secure more than twelve miles of shoreline public access. Honorable Stacy K. Higa, Chair and Members of the County Council Hawaii County Council Page 3 June 1, 2006 • Implemented a regular practice for referring subdivisions to the State Historic Preservation Division, so that historic sites could be protected. • Changed the use of roadway easements so that they did not violate the intent of the setback laws. • Implemented state laws requiring that there not be covenants against agriculture. These reforms all increased the work necessary to process subdivisions, but they were important for the welfare of the community. Bill 246 is important so that work time can be spent productively, not on repetitious review of old applications. Sincerely, CHRISTOPHER J. X'IOEN Planning Director CJY:pak Wpwin60/Chris2/Chair Higa - Bill 246 - Subdivision Code Cover Letter Attachment cc: Corporation Counsel COUNTY OF HAWAII STATE OF HAWAII BILL NO. 246 Planning Director's Proposed Draft 5 (Redlined Changes from Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INFORMATION REQUIRED FOR SUBMITTAL OF A SUBDIVISION APPLICATION, REVISIONS TO CERTAIN TIME AND STREET REQUIREMENTS, AND MINOR "HOUSEKEEPING" CHANGES TO THE SUBDIVISION CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose and Findings. A recent Hawaii Supreme Court decision invalidates practices that the County planning department has followed for at least thirty years, and forces the County to adopt changes in the subdivision code, or risk invalidating hundreds of past and pending subdivision applications. The court decision, Leslie vs. Board of Appeals, held that it was mandatory that some information be contained in subdivision applications, and upheld a decision of the Third Circuit Court invalidating a subdivision that the County had approved without the required information. The subdivision code states that the initial application for a subdivision, the "preliminary plat", is supposed to contain certain information. For many years, the practice has been to defer some of this information to a later stage in the subdivision application, or to accept the preliminary plat for further processing while asking the subdivider to supplement the information. The most significant difference between past practice and the strict letter of the Code is section 23-66(7), which requires that the application contain a description of " liimprovements 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 may be checked for compliance with the objectives of these regulations, State laws and other applicable County ordinances." The actual practice has been that the preliminary plat is circulated to the department of public works and department of water supply, who then give a general description of the standard of road and water system that must be installed. This is made a requirement of the tentative approval of the subdivision. The subdivider then prepares detailed construction plans which are reviewed before final approval. This is a more practical process, 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, a-t:^le z division 4, section 23 50,14awai'i Count code 1983 (2005 Edition, as bled) ende I to real As 4)]IRAvs- "Sec,t*Gs 23 cn Grades and earves. [(a) n gfa'I'"RF a Street nl'nll he a e nable minim-m- hat ; -case he less than E)He half of one eat and hall e?ieeed seven percent O H&F a''er:al.. ten n nt n alleetor streets r twelve PeFeent aft aft), the s4eet. No ade shall be le than half of o percent at the gutter _17...+: al ..'1 110Fi ZORtal a ..hall he °'"IeSigne 1 as give g distance Visibility in ,...nformanee :th the folio..A.....n:n:......., re...,: re.~e„t..• Veftieal PriFflif:y aneHal 500 feet 500 Feet Seams arterial 500 €e,-,t c 00 Feet BHsiness or industrial street 409 feet 500 feet Eellesterstreet 300 feet 300 €eet Mi,erstreet 300 feet Inn Feet E"~eSao 100 feet inn Faet (b) VaFiatians Frofn the . red gf:ades or eurves may be pefmitted 4y-44e direetaf and the direetor of public wer4s where advisable to meet un-~-al eenditions and ccC-TChapter 23, article 4, division 1, section 23-58, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23-58. Application for subdivision; plat and plans submitted by subdivider. (a) The subdivider shall submit a written application for subdivision, a preliminary plat, [impr-e°°ment plans] and other supplementary material required to describe the nature and objectives of the proposed subdivision, and shall submit eight copies, or more if requested by the director, of the preliminary plat and other supplementary material to the director. (b) All pertinent information on the preliminary plat shall be drawn to scale. (c) Where the area to be subdivided contains only part of the tract owned or controlled by the subdivider, the director may require a sketch of a tentative layout for streets in the unsubdivided portion. (d) Application for Resort Subdivision. The subdivider may file an application for resort subdivision. An application for resort subdivision may either be filed under this section or under any other provision of this chapter. If an application for subdivision is filed under this section, it shall be clearly designated as such. Such application shall, in addition to all other information to be submitted with the subdivision application, preliminary plat and other supplementary material, include the following: (1) A statement acknowledging that all improvements will not be approved for dedication unless and until such improvements satisfy all of the requirements for dedicable improvements. (2) A description of the provisions made for permanent maintenance of the private roadways within the proposed resort subdivision. (3) A description of how subsequent owners of the property will be notified of the private nature of the improvements and maintenance responsibilities." Section 3. Chapter 23, article 4, division 1, Hawaii County Code, is amended by adding a new section 23-58B to read as follows: Section 23-58B. Publication of notices. The director shall publish, on a semi-monthly basis, a list of all applications accepted under this section in at least two newspapers of general circulation in the County. The list shall include the name of the property owner, the tax map key number(s) of the property, the land area, the number of lots proposed, and any other information deemed useful by the director. SECTION 4. Chapter 23, article 4, division 1, section 23-61, Hawaii County Code 1983, (2005 Edition, as amended) is amended to read as follows: "Section 23-61. Review of plat. [(-a)] The director shall furnish one copy of the preliminary plat and supplemental materials [within days] after they are submitted by the subdivider, to the manager, the director of public works, and [sanitary eagineee] the State department of health, and when a subdivision is adjacent to a State highway or proposed State highway, to the district engineer[.] for their review and comment. [(b) The above listed- ofF:, ere- shall review the ......1:...ina f.. plat with toe direetor SECTION 5. Chapter 23, article 4, division 1, section 23-62, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23-62. Tentative approval of preliminary plat. (a) Within forty-five days after submission of the preliminary plat, the director shall review the plan and may give tentative approval of the preliminary plat as submitted or as modified or may disapprove the preliminary plat, stating the reasons for disapproval in writing[-] or shall defer action pending further review. Approval of the preliminary plat shall indicate the director's directive to prepare detailed drawings on the plat submitted, provided there is no substantial change in the plan of subdivision as shown on the preliminary plat and there is full compliance with all requirements of this chapter. The action of the director with reference to any attached documents describing any conditions shall be noted on two copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the director. At such time the director shall stamp the above two preliminary plats: "Subdivider authorized to prepare detailed drawings on plat as submitted including corrections noted." "Recordation with the Bureau of Conveyances, State of Hawaii, not authorized until approved for record at a later date." (b) If no action (approval, disapproval, modification, or deferral) is taken by the director within forty-five days after submission of the preliminary plat, or such longer period as may have been agreed upon in writing, the preliminary plat shall be deemed a o approved[, awe shall endorse the , al of toe preliminary plat u pen ''ae~. The approval shall be on condition that the subdivider construct roads to the standards required by this chapter, a water system to the standards of the department of water supply, drainage meeting with the approval of the department of public works under section 23-92, that sewage disposal shall conform with section 23-85, if applicable, and the requirements of the department of health, and that the lot sizes and dimensions must be adjusted to conform to the zoning code on the final plat. The subdivider shall comply with the provisions of this chapter in order to receive final subdivision approval. (c) The director shall disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of chapter 25, [Zoning Code.] zoning code. (d) The subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two years may be granted by the director upon timely written request of the subdivider. At the end of said three year period or its approved extension, unless all said conditions are completed, the approval of the preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the applicable agencies for compliance with current Code and rule requirements. This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from December 4, 1992 and not from the date of preliminary plat (tentative) approval. (e) The director's deferral of a subdivision for further review under subsection constitutes an acceptance of the contents of the preliminary plat as submitted, and the director's issuance of tentative and final subdivision approval is valid despite the failure of the preliminary plat to include all of the information specified in sections 23-63 to 23- 66, provided that there has been actual compliance with the substantive requirements of this chapter and chapter 25, zoning code. The director may require the subdivider to submit supplementary information prior to tentative or final approval and may condition tentative or final approval on the submission of such information and on the performance of conditions attached to the tentative approval." SECTION 6. Chapter 23, article 4, division 2, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Division 2. Contents of Preliminary Plat. Section 23-63. General information on preliminary plat. The preliminary plat shall include the following general information: (1) [fie] Name of the subdivision, if proposed, which shall not duplicate nor resemble the name of another subdivision in the County. The proposed name shall be subject to approval by the director; (2) Date, northpoint and scale of drawing; (3) Tax key number and other information to sufficiently describe and define the location and boundaries of the proposed subdivision according to the County real property records [of the ct^t^ t^° ^FF:^^]; (4) Names and addresses of the owner, subdivider, and engineer or surveyor who prepared the plat; (5) The approximate lot layout and the approximate dimension and area of each lot; (6) Acreage of proposed subdivision and number of lots; and (7) A title report issued by a licensed title company in the name of the owner of the land, showing all parties whose consents are necessary and their interests in the premises when required by the director. Section 23-64. Existing conditions shown on preliminary plat. The preliminary plat shall include the following information on existing conditions[.], unless waived or deferred by the director: (1) Location, width and names of all existing or platted streets within or adjacent to the tract, together with easements, other rights-of-way, and other important features, such as corners, property boundary lines, and control of access lines adjacent to State highways; (2) When required by the director, contours at vertical intervals of five feet where the slope is greater than ten percent. Elevations shall be marked on the contours based on an established bench mark or other datum approved by the director of public works. In addition, the contours as may be required by the manager, State department of health, and director of public works shall be shown; (3) The location and direction of all water courses and approximate location of areas subject to inundation or storm water overflow; (4) Existing uses of property, including but not limited to, location of all existing structures, wells, cisterns, private sewage disposal systems, and utilities; and (5) Zoning on and adjacent to the tract; provided that if the information required by subsection (3) is not shown, it shall be made a condition of tentative approval, and tentative approval shall also require drainage improvements pursuant to sec. 23-92 or their equivalent. Section 23-65. Proposed plan of land partitioning on preliminary plat. The preliminary plat plan shall include the following land partitioning information: (1) Streets showing location, widths, [propo°es,] approximate radii or curves. The relationship of all streets to projected streets shown on the County general plan, if aherv is fie plete r ounty go a-e' plan eeted °t"vet° suggested by thO d "eet'" tO MSUfe adequate traff:.. eireulgtiAR in the area-] which may be shown on a vicinity map; (2) Existing and proposed easements, showing width and purpose; (3) Lots, showing approximate dimensions, [mieimilm] proposed lot size and proposed lot [and Week] numbers; and (4) Sites, if any, allocated for purposes other than single-family dwellings, or farm dwellings. Section 23-66. Explanatory information on preliminary plat. Unless waived or deferred by the director, [T]the preliminary plat shall include the explanatory information[:] listed in this section. If [h] such information cannot be shown practicably on the preliminary plat, it shall be submitted in separate statements accompanying the preliminary plat: (1) A vicinity map at a small scale, showing existing subdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect with existing streets; (2) Proposed deed restrictions in outline form if any; [(3) The fH t° l8eatiOn W ithi fl tho Silb- iiViSiRM Find in the adjaiffing eleetr-ie eend ,its or linos proposed to be used an the property to he ..,,1..7:,.:.1°'7 and inve# ,.1 eyAt: ens of sewers at points of proposed a °t:"n°. (4)](3) Statement regarding water system to be installed, including source, quality and quantity of water; [(3)](3) Provisions for sewage disposal, conceptual drainage and flood control which are proposed. The drainage map shall include the approximate location of areas subject to inundation or storm water overflow and all areas covered by waterways, including ditches, gullies, streams and drainage courses within or abutting the subdivision; and [(6)](3) Parcels of land proposed to be dedicated to public use, and the conditions of such dedication; provided that if the information required in subsections (3) and (4) is not shown, water supply, sewage disposal, and drainage shall be determined by conditions of tentative approval.[; axd (7) imprevements to be made by the developer and the apprwiifnate tkae &ueh improvements are to be a plot°'l Suff eient deta l ro arcing n sed improvements shall hesiihmitted sethat they may be eheeked for Compliane with ,.1 jeetiyes of these r galatiaas State laws and other appheable SECTION 7. Chapter 23, article 5, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Article 5. Final Plat. Section 23-67. Time limit for completing final plat. The final plat shall be prepared and completed within one year following the tentative approval given on the preliminary plat by the director. If the final plat has not been filed within this period, the tentative approval of the preliminary plat shall be deemed void. A time extension, for good cause may be granted as provided under section 23-72. Section 23-68. Drafting of final plat. (a) In preparing the final plat, all engineering and surveying work shall be made by or under the supervision of an engineer and surveyor, respectively. (b) The scale and sheet size utilized on this drawing shall be the same as required under section 23-59, and dedication or other written material shall be submitted on supplemental sheets. (c) If the final plat, following approval by the director, is to be filed with the land court for recordation, it shall comply with all requirements specified under the rules of the land court for land court subdivisions. Section 23-69. Information required on final plat. In addition to any other information required to be shown thereon under provisions of any State statute or County ordinance the following information shall be shown on the final plat and supplemental sheets: (1) Date, northpoint and scale of drawing; (2) Legal description of the tract boundaries; (3) Names and addresses of the owner, subdivider, and engineer, or surveyor who prepared the plat; [(4) p ea st+eet n on dedieable streets; (-5)1(4) Reference points of existing surveys identified, related to the plat by distances and azimuths, and reference to a field book or map as follows: (A) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision; (B) Adjoining corners of all adjoining subdivisions; (C) Boundary lines and grants within and adjacent to the plat; [(D) txn.,.neyer the County has established the eentor-line of a street, adjaeentto or within the propesed subdivision, the loeation of this hf;eand nts fo nd a et;] (E)(D) All other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this chapter; [(6)1(5) Tract boundary lines, right-of-way lines [was] of streets: lot [aed Bleak] lines with dimensions, azimuths [n- aef'eetion angles] and radii, [ares ] points of curvature and tangent [bearings] azimuths shall be shown; [(-7)1(6) The width of the portion of streets being dedicated, the width of any existing right-of-way and the widths each side of the centerline. For streets and curvature, all curve data shall be based on the street centerline and, in addition to centerline dimensions, shall indicate thereon the central angle; [04]L7) All easements which shall be denoted by fine broken lines, clearly identified and if already on record, its recorded reference; if any easement is not definitely located on record, a statement of such easement. The widths of the easement and [the lengths and azimiahs of the lines thereof and stiff eient ties thereto] information sufficient to definitely locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication; [(9)M Lot [and bleep] identification which shall be according to good engineering practices; [(44)1(9) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale and their use indicated; [44~](10) Minimum building setback lines, where not otherwise fixed by a building code or County ordinance; The following certificates which may be combined where appropriate: (A) A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recording of the plat when required by the director. (B) A certificate signed and acknowledged as above, when dedicating all parcels of land shown on the final map and intended for any public use except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. (C) A certificate with the seal of and signed by the engineer or surveyor responsible for the survey and final draft. (D) All other certificates now or hereafter required by law; [(-)-3)1(12) All control of access lines adjacent to State highways which shall be denoted by the State highways division standard symbol of semicircles on the control of access line. Section 23-70. Supplemental information with final plat. The following data shall be submitted with the final plat: (1) A complete title report issued by a licensed title company in the name of the owner of the land, showing all parties whose consents are necessary and their interests in the premises when required by the director; (2) Five copies of any deed restrictions applicable to the subdivision; (3) Written proof that all taxes and assessments on the tract are paid to date; and (4) For nondedicable streets in a resort subdivision, the subdivider shall submit a recordable document with the director which shall describe all nondedicable streets, the ownership thereof and access rights thereon for all lots in the subdivision and the maintenance rights and responsibilities [therefe~] thereof. The document shall contain statements as follows: that nondedicable streets within the resort subdivision have not been built to the standards required for streets which are dedicable to the County of Hawai `i; that such streets will accordingly not be accepted for dedication unless they are brought into compliance with the requirements for dedication as of the time they are offered for dedication; and that the County is not responsible for maintenance of such nondedicable streets. The document shall be in a form acceptable to the director of public works and corporation counsel. For subdivided land within the jurisdiction of the land court, such document shall be recorded with the land court. For all other subdivided land, the document shall be recorded with the State bureau of conveyances. Section 23-71. Subdivision not involving streets, drains, or utilities. The preliminary plat may be approved by the director for recordation if: (1) The preliminary plat meets all of the requirements of a final plat; and (2) The subdivision involves no streets, drains, or utilities. Section 23-72. Filing of final plat. (a) Within one year after tentative approval of the preliminary plat by the director, the subdivider shall have the subdivision surveyed and shall prepare a final plat which conforms with the preliminary plat as tentatively approved. The subdivider shall submit to the director eight copies of the final plat, prepared in conformity with these regulations, together with four additional copies of a general layout map, which was originally attached to the construction drawings and specifications (where required) showing the location of lots, streets, water mains and storm drainage systems. (b) [ e*pkation of the one year ] For good cause, the director may grant to the subdivider an extension of time within which [he] the subdivider may file the final plat. (c) The time of filing the final plat means the time at which the final plat, together with all required data, is received by the director. The director shall indicate the date of filing on all copies of the final plat and accompanying data. Section 23-73. Technical review. Within [4*e] thirty days after receipt of the final plat and other data, the director shall submit copies of the final plat and other data to the director of public works, manager, [weer] State department of health and district engineer when the subdivision involves state highways for review of the final plat with the director. The final plat shall be examined as to whether it is substantially similar to the approved preliminary plat and whether it is technically correct. The information on the final plat shall also be verified by entering upon the respective subdivision where deemed necessary by the director. If there is a variance, the subdivider shall be advised by the director of the changes or additions that must be made and given an opportunity to make corrections. The director's submission of conies of the final plat to other reviewers constitutes acceptance of the contents of the final plat, provided that the director may request supplementary information, and may require the subdivider to correct errors prior to the issuance of final subdivision approval, and after final approval pursuant to sec. 23- 74(c). and4The director's issuance of final subdivision approval shall be valid despite the absence of technical information as required by section 23-69(1) and (3), or the absence of similar technical but non-substantive information required by sections 23-69 and 70. Section 23-74. Final approval of plat. (a) When all the construction work is complete and is accepted in writing by the director of public works, the subdivider may apply for approval of the subdivision map for recordation. If the director disapproves the plat, the grounds for disapproval shall be filed in the records of the planning department. No plat shall be disapproved by the director without giving the subdivider [a h@aring.] an opportunity to correct errors in the plat. (b) Upon final approval, the director shall stamp three copies of the final plat: "SUBDIVISION NUMBER APPROVED FOR RECORDATION WITH THE BUREAU OF CONVEYANCES, STATE OF HAWAI`I." The approval shall bear the signature of the director. The planning department shall then retain one copy of the final plat, and forward one copy of the final plat to the [Mile] County real propert y tax office, and one copy of the final plat to the subdivider. The approval of the final plat by the director shall not be deemed to constitute or effect an acceptance by the County of the dedication of any street or other easement shown on the plat. (c) The approval for recordation of the final plat by the director shall not relieve the subdivider of the responsibility for any error in the dimensions or other discrepancies. Such errors or discrepancies shall be revised or corrected, upon request, to the satisfaction of the director. (d) Nondedicable Streets. In addition to all other requirements for approval of the final plat herein, if the subdivision includes any nondedicable streets, the subdivider shall, prior to final approval, deposit a duly recorded copy of the document described in section 23-70(4) of this chapter with the director. Section 23-75. Change after approval. No change in a subdivision, or in the plan of a subdivision, already approved, may be made without the approval of the director. Section 23-76. No conveyance of land prior to approval for recordation. Land shall not be offered for sale, lease or rent in any subdivision, nor shall options or agreements for the purchase, sale, leasing or rental of the land be made until approval for recordation of the final plat is granted by the director. Section 23-77. Recordation of final plat. After the director grants approval for recordation of the final plat, the subdivider may file and record the plat. Section 23-78. Release of surety after final approval. Upon completion of the improvements and utilities in a subdivision as required by this chapter and certification thereof as provided by article 7 of this chapter, and after the subdivider files one set of construction plans as actually modified to meet construction requirements with the department of public works, State department of health and department of water supply (if applicable), the department of public works, State department of health and the department of water supply (if applicable), shall approve the performance and thereupon discharge the subdivider and surety (in whole or in part according to the terms of the subdivider's agreement, if any) from the obligation of any bonds and release to the subdivider any security posted by the subdivider, or authorize and direct such discharge and release by the appropriate agency." SECTION 8. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 9. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 10. This ordinance shall take effect upon its approval, and shall apply to all subdivision applications, tentative subdivision approvals, and final subdivision approvals before and after its effective date. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1" Reading: Date of 2"d Reading: Effective Date: COUNTY OF HAWAII STATE OF HAWAII BILL NO. 246 Planning Director's Proposed Draft 5 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INFORMATION REQUIRED FOR SUBMITTAL OF A SUBDIVISION APPLICATION, REVISIONS TO CERTAIN TIME AND STREET REQUIREMENTS, AND MINOR "HOUSEKEEPING" CHANGES TO THE SUBDIVISION CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Purpose and Findings. A recent Hawaii Supreme Court decision invalidates practices that the County planning department has followed for at least thirty years, and forces the County to adopt changes in the subdivision code, or risk invalidating hundreds of past and pending subdivision applications. The court decision, Leslie vs. Board of Appeals, held that it was mandatory that some information be contained in subdivision applications, and upheld a decision of the Third Circuit Court invalidating a subdivision that the County had approved without the required information. The subdivision code states that the initial application for a subdivision, the "preliminary plat", is supposed to contain certain information. For many years, the practice has been to defer some of this information to a later stage in the subdivision application, or to accept the preliminary plat for further processing while asking the subdivider to supplement the information. The most significant difference between past practice and the strict letter of the Code is section 23-66(7), which requires that the application contain a description of "[i]mprovements 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 may be checked for compliance with the objectives of these regulations, State laws and other applicable County ordinances." The actual practice has been that the preliminary plat is circulated to the department of public works and department of water supply, who then give a general description of the standard of road and water system that must be installed. This is made a requirement of the tentative approval of the subdivision. The subdivider then prepares detailed construction plans which are reviewed before final approval. This is a more practical process, 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 4, division 1, section 23-58, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23-58. Application for subdivision; plat and plans submitted by subdivider. (a) The subdivider shall submit a written application for subdivision, a preliminary plat, limpr-evetneF4 plans] and other supplementary material required to describe the nature and objectives of the proposed subdivision, and shall submit eight copies, or more if requested by the director, of the preliminary plat and other supplementary material to the director. (b) All pertinent information on the preliminary plat shall be drawn to scale. (c) Where the area to be subdivided contains only part of the tract owned or controlled by the subdivider, the director may require a sketch of a tentative layout for streets in the unsubdivided portion. (d) Application for Resort Subdivision. The subdivider may file an application for resort subdivision. An application for resort subdivision may either be filed under this section or under any other provision of this chapter. If an application for subdivision is filed under this section, it shall be clearly designated as such. Such application shall, in addition to all other information to be submitted with the subdivision application, preliminary plat and other supplementary material, include the following: (1) A statement acknowledging that all improvements will not be approved for dedication unless and until such improvements satisfy all of the requirements for dedicable improvements. (2) A description of the provisions made for permanent maintenance of the private roadways within the proposed resort subdivision. (3) A description of how subsequent owners of the property will be notified of the private nature of the improvements and maintenance responsibilities." SECTION 3. Chapter 23, article 4, division 1, Hawaii County Code, is amended by adding a new section 23-58B to read as follows: "Section 23-58B. Publication of notices. The director shall publish, on a semi-monthly basis, a list of all applications accepted under this section in at least two newspapers of general circulation in the County. The list shall include the name of the property owner, the tax map key number(s) of the property, the land area, the number of lots proposed, and any other information deemed useful by the director." SECTION 4. Chapter 23, article 4, division 1, section 23-61, Hawaii County Code 1983, (2005 Edition, as amended) is amended to read as follows: "Section 23-61. Review of plat. [(a)] The director shall furnish one copy of the preliminary plat and supplemental materials [within five da~,s] after they are submitted by the subdivider, to the manager, the director of public works, and [sanitar-y engineeeI the State department of health, and when a subdivision is adjacent to a State highway or proposed State highway, to the district engineer[...] for their review and comment. f(b) The ..beye listed off:"°`° shall review the p«el plat with the direetar I" SECTION 5. Chapter 23, article 4, division 1, section 23-62, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23-62. Tentative approval of preliminary plat. (a) Within forty-five days after submission of the preliminary plat, the director shall review the plan and may give tentative approval of the preliminary plat as submitted or as modified or may disapprove the preliminary plat, stating the reasons for disapproval in writing[-] or shall defer action pending further review. Approval of the preliminary plat shall indicate the director's directive to prepare detailed drawings on the plat submitted, provided there is no substantial change in the plan of subdivision as shown on the preliminary plat and there is full compliance with all requirements of this chapter. The action of the director with reference to any attached documents describing any conditions shall be noted on two copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the director. At such time the director shall stamp the above two preliminary plats: "Subdivider authorized to prepare detailed drawings on plat as submitted including corrections noted." "Recordation with the Bureau of Conveyances, State of Hawaii, not authorized until approved for record at a later date." (b) If no action (approval, disapproval, modification, or deferral) is taken by the director within forty-five days after submission of the preliminary plat, or such longer period as may have been agreed upon in writing, the preliminary plat shall be deemed approved[, and, OF Shall endorse the a al of a4e pr-ol:fnifiaF y plat Upon , the °°e e . The approval shall be on condition that the subdivider construct roads to the standards required by this chapter, a water system to the standards of the department of water supply, drainage meeting with the approval of the department of public works under section 23-92, that sewage disposal shall conform with section 23-85, if applicable, and the requirements of the department of health, and that the lot sizes and dimensions must be adjusted to conform to the zoning code on the final plat. The subdivider shall comply with the provisions of this chapter in order to receive final subdivision approval. (c) The director shall disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of chapter 25, [Zoning e. zoning code. (d) The subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two years may be granted by the director upon timely written request of the subdivider. At the end of said three year period or its approved extension, unless all said conditions are completed, the approval of the preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the applicable agencies for compliance with current Code and rule requirements. This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from December 4, 1992 and not from the date of preliminary plat (tentative) approval. (e) The director's deferral of a subdivision for further review under subsection (a) constitutes an acceptance of the contents of the preliminary plat as submitted, and the director's issuance of tentative and final subdivision approval is valid despite the failure of the preliminary plat to include all of the information specified in sections 23-63 to 23-66, provided that there has been actual compliance with the substantive requirements of this chapter and chapter 25, zoning code. The director may require the subdivider to submit supplementary information prior to tentative or final approval and may condition tentative or final approval on the submission of such information and on the performance of conditions attached to the tentative approval." SECTION 6. Chapter 23, article 4, division 2, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Division 2. Contents of Preliminary Plat. Section 23-63. General information on preliminary plat. The preliminary plat shall include the following general information: (1) [Proposed namej Name of the subdivision, if proposed, which shall not duplicate nor resemble the name of another subdivision in the County. The proposed name shall be subject to approval by the director; (2) Date, northpoint and scale of drawing; (3) Tax key number and other information to sufficiently describe and define the location and boundaries of the proposed subdivision according to the Count real property records [of the State tax ..ff: el; (4) Names and addresses of the owner, subdivider, and engineer or surveyor who prepared the plat; (5) The approximate lot layout and the approximate dimension and area of each lot; (6) Acreage of proposed subdivision and number of lots; and (7) A title report issued by a licensed title company in the name of the owner of the land, showing all parties whose consents are necessary and their interests in the premises when required by the director. Section 23-64. Existing conditions shown on preliminary plat. The preliminary plat shall include the following information on existing conditions[.L unless waived or deferred by the director: (1) Location, width and names of all existing or platted streets within or adjacent to the tract, together with easements, other rights-of-way, and other important features, such as corners, property boundary lines, and control of access lines adjacent to State highways; (2) When required by the director, contours at vertical intervals of five feet where the slope is greater than ten percent. Elevations shall be marked on the contours based on an established bench mark or other datum approved by the director of public works. In addition, the contours as may be required by the manager, State department of health, and director of public works shall be shown; (3) The location and direction of all water courses and approximate location of areas subject to inundation or storm water overflow; (4) Existing uses of property, including but not limited to, location of all existing structures, wells, cisterns, private sewage disposal systems, and utilities; and (5) Zoning on and adjacent to the tract; Provided that if the information required by subsection (3) is not shown, it shall be made a condition of tentative approval, and tentative approval shall also require drainage improvements pursuant to sec. 23-92 or their equivalent. Section 23-65. Proposed plan of land partitioning on preliminary plat. The preliminary plat plan shall include the following land partitioning information: (1) Streets showing location, widths, [proposes;] approximate radii or curves. The relationship of all streets to projected streets shown on the County general plan, if there is no pl°t° Count.. general plan, projeeted streets by the ,heater toassure adequate trncc:n e ,.,net:°n in the n eR]which may be shown on a vicinity map; (2) Existing and proposed easements, showing width and purpose; (3) Lots, showing approximate dimensions, [minimu] proposed lot size and proposed lot [and bleep] numbers; and (4) Sites, if any, allocated for purposes other than single-family dwellings, or farm dwellings. Section 23-66. Explanatory information on preliminary plat. Unless waived or deferred by the director, [T]the preliminary plat shall include the explanatory information[.] listed in this section. If [it] such information cannot be shown practicably on the preliminary plat, it shall be submitted in separate statements accompanying the preliminary plat: (1) A vicinity map at a small scale, showing existing subdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect with existing streets; (2) Proposed deed restrictions in outline form if any; streets Find property rtT of e stir sewers and . ate fts aRd drain pipes, eleetFie duit.. lines proposed to be used on the propet4y to be subdivided and (4)](3) Statement regarding water system to be installed, including source, quality and quantity of water; [(3)](4) Provisions for sewage disposal, conceptual drainage and flood control which are proposed. The drainage map shall include the approximate location of areas subject to inundation or storm water overflow and all areas covered by waterways, including ditches, gullies, streams and drainage courses within or abutting the subdivision; and [(3)](5) Parcels of land proposed to be dedicated to public use, and the conditions of such dedication; Provided that if the information required by subsections (3) or (4) is not shown, water supply, sewage disposal, and drainage shall be determined by conditions of tentative approval. RR4 (o) nzxproYcnxeixco co be made by the El&velopeF and the approximate time rnek improvenients shall be submitted so that the), may be cheeked RBF 6 «1:.,.."e w4tt objeetives of these regelations, State laws and other applieable County 1" SECTION 7. Chapter 23, article 5, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Article 5. Final Plat. Section 23-67. Time limit for completing final plat. The final plat shall be prepared and completed within one year following the tentative approval given on the preliminary plat by the director. If the final plat has not been filed within this period, the tentative approval of the preliminary plat shall be deemed void. A time extension, for good cause may be granted as provided under section 23-72. Section 23-68. Drafting of final plat. (a) In preparing the final plat, all engineering and surveying work shall be made by or under the supervision of an engineer and surveyor, respectively. (b) The scale and sheet size utilized on this drawing shall be the same as required under section 23-59, and dedication or other written material shall be submitted on supplemental sheets. (c) If the final plat, following approval by the director, is to be filed with the land court for recordation, it shall comply with all requirements specified under the rules of the land court for land court subdivisions. Section 23-69. Information required on final plat. In addition to any other information required to be shown thereon under provisions of any State statute or County ordinance the following information shall be shown on the final plat and supplemental sheets: (1) Date, northpoint and scale of drawing; (2) Legal description of the tract boundaries; (3) Names and addresses of the owner, subdivider, and engineer, or surveyor who prepared the plat; [(4) A« ed street names an dodi able stfeetn (3)](4) Reference points of existing surveys identified, related to the plat by distances and azimuths, and reference to a field book or map as follows: (A) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision; (B) Adjoining corners of all adjoining subdivisions; (C) Boundary lines and grants within and adjacent to the plat; F.. «A a et 1 FARmIFAmM (9)(D) All other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this chapter; [(3)](5) Tract boundary lines, right-of-way lines [and senterlineq] of streets: lot [and Week] lines with dimensions, azimuths [or degeet-ion angles] and radii, [aFe&,] points of curvature and tangent [bear-iffgs] azimuths shall be shown; [(?)](6) The width of the portion of streets being dedicated, the width of any existing right-of-way and the widths each side of the centerline. For streets and curvature, all curve data shall be based on the street centerline and, in addition to centerline dimensions, shall indicate thereon the central angle; [(8)](7) All easements which shall be denoted by fine broken lines, clearly identified and if already on record, its recorded reference; if any easement is not definitely located on record, a statement of such easement. The widths of the easement and [the lengths and azin the e the lines thereof and suffieiew ties therete] information sufficient to definitely locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication; [(9)](8) Lot [and bleu] identification which shall be according to good engineeringpractices; [(40)](9) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale and their use indicated; [(x](10) Minimum building setback lines, where not otherwise fixed by a building code or County ordinance; [424](11) The following certificates which may be combined where appropriate: (A) A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recording of the plat when required by the director. (B) A certificate signed and acknowledged as above, when dedicating all parcels of land shown on the final map and intended for any public use except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. (C) A certificate with the seal of and signed by the engineer or surveyor responsible for the survey and final draft. (D) All other certificates now or hereafter required by law; [(424](12) All control of access lines adjacent to State highways which shall be denoted by the State highways division standard symbol of semicircles on the control of access line. Section 23-70. Supplemental information with final plat. The following data shall be submitted with the final plat: (1) A complete title report issued by a licensed title company in the name of the owner of the land, showing all parties whose consents are necessary and their interests in the premises when required by the director; (2) Five copies of any deed restrictions applicable to the subdivision; (3) Written proof that all taxes and assessments on the tract are paid to date; and (4) For nondedicable streets in a resort subdivision, the subdivider shall submit a recordable document with the director which shall describe all nondedicable streets, the ownership thereof and access rights thereon for all lots in the subdivision and the maintenance rights and responsibilities [ther-efo ] thereof. The document shall contain statements as follows: that nondedicable streets within the resort subdivision have not been built to the standards required for streets which are dedicable to the County of Hawai `i; that such streets will accordingly not be accepted for dedication unless they are brought into compliance with the requirements for dedication as of the time they are offered for dedication; and that the County is not responsible for maintenance of such nondedicable streets. The document shall be in a form acceptable to the director of public works and corporation counsel. For subdivided land within the jurisdiction of the land court, such document shall be recorded with the land court. For all other subdivided land, the document shall be recorded with the State bureau of conveyances. Section 23-71. Subdivision not involving streets, drains, or utilities. The preliminary plat may be approved by the director for recordation if: (1) The preliminary plat meets all of the requirements of a final plat; and (2) The subdivision involves no streets, drains, or utilities. Section 23-72. Filing of final plat. (a) Within one year after tentative approval of the preliminary plat by the director, the subdivider shall have the subdivision surveyed and shall prepare a final plat which conforms with the preliminary plat as tentatively approved. The subdivider shall submit to the director eight copies of the final plat, prepared in conformity with these regulations, together with four additional copies of a general layout map, which was originally attached to the construction drawings and specifications (where required) showing the location of lots, streets, water mains and storm drainage systems. (b) [if the subdiviEfor applies in writing at least fei4y fivo days before the expiratien of the one year pe_ied ] For good cause, the director may grant to the subdivider an extension of time within which [he] the subdivider may file the final plat. (c) The time of filing the final plat means the time at which the final plat, together with all required data, is received by the director. The director shall indicate the date of filing on all copies of the final plat and accompanying data. Section 23-73. Technical review. Within [€ive] thirty days after receipt of the final plat and other data, the director shall submit copies of the final plat and other data to the director of public works, manager, [sanitary engineer] State department of health and district engineer when the subdivision involves state highways for review of the final plat with the director. The final plat shall be examined as to whether it is substantially similar to the approved preliminary plat and whether it is technically correct. The information on the final plat shall also be verified by entering upon the respective subdivision where deemed necessary by the director. If there is a variance, the subdivider shall be advised by the director of the changes or additions that must be made and given an opportunity to make corrections. The director's submission of copies of the final plat to other reviewers constitutes acceptance of the contents of the final plat, provided that the director may request supplementary information, and may require the subdivider to correct errors prior to the issuance of final subdivision approval, and after final subdivision approval, pursuant to sec. 23-74(c). The director's issuance of final subdivision approval shall be valid despite the absence of technical information as required by section 23-69(1) and (3), or the absence of similar technical but non-substantive information required by sections 23-69 and 70. Section 23-74. Final approval of plat. (a) When all the construction work is complete and is accepted in writing by the director of public works, the subdivider may apply for approval of the subdivision map for recordation. If the director disapproves the plat, the grounds for disapproval shall be filed in the records of the planning department. No plat shall be disapproved by the director without giving the subdivider [a hearing.] an opportunity to correct errors in the plat. (b) Upon final approval, the director shall stamp three copies of the final plat: "SUBDIVISION NUMBER APPROVED FOR RECORDATION WITH THE BUREAU OF CONVEYANCES, STATE OF HAWAI`I." The approval shall bear the signature of the director. The planning department shall then retain one copy of the final plat, and forward one copy of the final plat to the [Hi-le] County real propert y tax office, and one copy of the final plat to the subdivider. The approval of the final plat by the director shall not be deemed to constitute or effect an acceptance by the County of the dedication of any street or other easement shown on the plat. (c) The approval for recordation of the final plat by the director shall not relieve the subdivider of the responsibility for any error in the dimensions or other discrepancies. Such errors or discrepancies shall be revised or corrected, upon request, to the satisfaction of the director. (d) Nondedicable Streets. In addition to all other requirements for approval of the final plat herein, if the subdivision includes any nondedicable streets, the subdivider shall, prior to final approval, deposit a duly recorded copy of the document described in section 23-70(4) of this chapter with the director. Section 23-75. Change after approval. No change in a subdivision, or in the plan of a subdivision, already approved, may be made without the approval of the director. Section 23-76. No conveyance of land prior to approval for recordation. Land shall not be offered for sale, lease or rent in any subdivision, nor shall options or agreements for the purchase, sale, leasing or rental of the land be made until approval for recordation of the final plat is granted by the director. Section 23-77. Recordation of final plat. After the director grants approval for recordation of the final plat, the subdivider may file and record the plat. Section 23-78. Release of surety after final approval. Upon completion of the improvements and utilities in a subdivision as required by this chapter and certification thereof as provided by article 7 of this chapter, and after the subdivider files one set of construction plans as actually modified to meet construction requirements with the department of public works, State department of health and department of water supply (if applicable), the department of public works, State department of health and the department of water supply (if applicable), shall approve the performance and thereupon discharge the subdivider and surety (in whole or in part according to the terms of the subdivider's agreement, if any) from the obligation of any bonds and release to the subdivider any security posted by the subdivider, or authorize and direct such discharge and release by the appropriate agency." SECTION 8. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 9. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 10. This ordinance shall take effect upon its approval, and shall apply to all subdivision applications, tentative subdivision approvals, and final subdivision approvals before and after its effective date. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I" Reading: Date of 2"d Reading: Effective Date: