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Ordinance 06-104
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Ordinance 06-104
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8/30/2011 12:04:42 PM
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8/30/2011 12:03:01 PM
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construction plans which are reviewed before final approval. This is a more practical process, <br />because the purpose of the preliminary plat is to determine the general layout of the subdivision, <br />and detailed construction drawings depend upon the approval of the general layout. It does result <br />in roads and water systems that meet the requirements. <br />In addition, the Code calls for some information on the preliminary plat that the planning <br />department has readily available, such as "zoning on and adjacent to the tract." In an effort to be <br />user - friendly, the planning department will often accept preliminary plats for processing that do <br />not have such information, rather than reject them for highly technical reasons. The Supreme <br />Court decision, however, leaves no room for such practical considerations. <br />The decision creates a dilemma in that there are several hundred subdivision applications <br />pending at the planning department that do not conform to the strict letter of the Code in all <br />respects. Most of the tentative and final subdivision approvals given by the department for <br />several decades are based upon applications that have some defects according to the court <br />decision. The department also continues to receive applications from surveyors and engineers <br />who are submitting applications that would pass muster under the standards followed for many <br />years but are technically deficient. <br />The department cannot ignore the court's direction about how subdivision applications <br />shall be processed, and the issuance of further approvals based on applications that do not fully <br />conform is questionable. To require all pending subdivision applications to be re- submitted with <br />all of the information listed in the subdivision code will cause a tremendous amount of <br />unnecessary paperwork and duplication of effort by the County and by members of the public, <br />not to mention the expense and delay that would accompany that process. <br />The proposed amendments are intended to legitimate past applications received by the <br />department when the department has reviewed the applications and sent them on to other public <br />agencies for review. They validate past tentative and final subdivision approvals which may be <br />based upon applications and preliminary and final plats that are not in full technical conformance <br />with the current Code. They eliminate some requirements and standards that have not generally <br />been followed. <br />SECTION 2. Chapter 23, article 4, division 1, section 23 -58, Hawaii County Code 1983 <br />(2005 Edition, as amended) is amended to read as follows: <br />"Section 23 -58. Application for subdivision; plat and plans submitted by subdivider. <br />
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