2026-02-06 Legal Memorandum, Appendices A, A-1, B and Certificate of Service (PL-BOA-2025-000124)

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resulting in the creation of the same or fewer number of lots than that which existed prior to the con soli dati on/resubdivi sion action; provided that the director, upon conferring with the director of public works and manager-chief engineer of the department of water supply, may require necessary improvements to further the public welfare and safety. Article 11. Pre-Existing Lots. Section 23-117. Purpose. The purpose of this article is to specify the criteria by which a pre-existing lot may be recognized and to state how certain uses will be accounted for during a consolidation/resubdivision action. Section 23-118. Criteria to determine a pre-existing lot. The director shall certify that a lot is pre-existing if the lot meets one of the following criteria: (a) The lot was created and recorded prior to November 22, 1944 or the lot was created through court order (e.g. partition)prior to July 1, 1973, and the lot had never been legally consolidated, provided that no pre-existing lot shall be recognized based upon a lease except for a lease which complied with all other applicable laws when made, including Territorial statutes regulating the sale or lease of property by lot number or block number, and on September 25, 2002, the proposed lot contains a legal dwelling, or has been continuously leased since January 8, 1948, as a separate unit. (b) The lot was created prior to December 21, 1966, as an agricultural lot in excess of twenty acres pursuant to County ordinance. (c) The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust which deed was recorded at the State of Hawai`i Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawaii Tax Map, was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes. Section 23-119. Proof. The owner of property seeking certification as a pre-existing lot shall provide reasonable evidence to meet the criteria set forth therein, provided that recognition of a lot based on a lease shall be supported by evidence that a valid lease was in existence on January 8, 1948, which specifies the boundaries of the claimed lot with reasonable certainty. Section 23-120. Use of certain pre-existing lots in consolidation and resubdivision. A pre-existing lot that was created for use as a road lot, a railroad right-of-way, a flume line, or a pole anchor, shall be excluded for calculating the number of lots in applying section 23-7, unless it is conforming, except to create road lots or other nonbuildable lots. 5