2006-11-22_Answering_Brief_re_Calvert

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which sets forth a general grant of powers to the counties. HRS Chapter 46 does not contain a specific authorization relating to subdivisions. Appellant now argues that HRS Section 46-4 is not the source of authority for subdivisions, however,the broad grant of authority under HRS Section 46-4 does in fact cover subdivisions which is a process relating to zoning and implements zoning authority. According to HRS Section 46-4, zoning is to be accomplished within a framework of a long-range comprehensive general plan prepared or being prepared to guide the overall future development of the County. Both HCC Chapter 23 (Subdivisions) and Chapter 25 (Zoning) provides that "[t]his chapter shall be applied and administered within the framework of the County general plan which is a long-range, comprehensive, general plan prepared or being prepared to guide the overall future development of the County." HCC Section 23-6 (Subdivision) and HCC Section 25-1-2(a) (Zoning). This indicates the interrelatedness between zoning and subdivision such that they should not be considered separate for the purpose of coverage by HRS Section 46-4. In addition, HRS Section 464(a)provides that the zoning power granted herein shall be exercised by ordinance which may relate to building setback lines and future street lines (HRS Section 46-4a(8)) and the percentage of a lot that may be occupied, size of yards, courts, and other open spaces (HRS Section 46-4a(10)). The Subdivision Code contains provisions which relate to these issues identified in the statute as zoning matters. HCC Section 23-24 relates to special building setback lines, HCC Section 23-32 describes lot size, shape and setback line, and HCC Section 23-33 relating to minimum lot sizes. While the HCC may contain different chapters relating to zoning and subdivision, they are related and are based on the same state grant of authority. 13