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BRPDlnitiated-Pre-existing Lots.doc 9/29/17 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 23 (SUBDIVISION CODE), ARTICLE 11, SECTION 23-118 RELATING TO CRITERIA TO DETERMINE A PRE- EXISTING LOT The Planning Director has initiated the following amendment to Chapter 23 (Subdivision Code), Article 11, Section 23-118 of the Hawai`i County Code 1983 (2016 Edition, as amended), relating to criteria to determine a pre-existing lot. The purpose of this ordinance is to add a new criteria to determine a pre-existing lot. BACKGROUND Hawai`i County Code (HCC) Chapter 23, Subdivision, Article 11, Section 23- 118, Criteria to determine a pre-existing lot of record within Hawai`i County needs to be expanded to reflect how real property ownership has historically been conveyed within the County and the State of Hawai`i. The past practices of the State Department of Land and Natural Resources' Bureau of Conveyances (BOC) and the Registrar of the Land Court with regard to the methods of recording land ownership documents has not always been consistent with HCC Chapter 23, Subdivision and its predecessor ordinances. Prior to the mid to late 1990's, it was a simple matter of presenting properly prepared deed documents and/or survey maps to the appropriate recording agency for recordation and subsequent inclusion on the tax map plats with individual parcel numbers, without confirmation that such recorded instruments were based on subdivisions approved by the County of Hawai`i. This practice ended when the County of Hawai`i became the custodian of the tax map plats about April, 1999 and subsequently, the issuer of tax map parcel numbers for newly created lots. Through historical documents from the State Surveyor's Office, County Real Property Tax Office and the Department of Taxation Property Assessment Division, it is found that these lands so recorded have been platted, assigned respective TMK parcel numbers, documented in the tax maps, and individually assessed for real property tax -1-