COM 0762.067 2004-2006 - Laserfiche WebLink

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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