Chapter 08 Dedication of Land - Laserfiche WebLink

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§ 8-12 HAWAII COUNTY CODE Section 8-12. Option of land dedication or payment of fee; determination by County. (a) The option to provide land in perpetuity, pay a fee or a combination thereof, or to provide private recreational areas, shall be determined as follows: (1) The owner of the property shall file a preliminary subdivision map or building plan, and indicate the owner's intentions to: (A) Provide land in perpetuity for recreational purposes; (B) Pay a fee; (C) Agree to a combination of provision of land in perpetuity and payment of fee; or (D) Provide private recreational areas. If the owner of the property intends to provide land in perpetuity, the owner shall designate the area thereof on the preliminary subdivision plat or building plans as submitted. (2) Prior to preliminary approval of a land subdivision or preliminary plan approval of a building subdivision, upon concurrence by the director of parks and recreation, the director shall determine whether to require a provision of land in perpetuity, payment of a fee, a combination of dedication or provision of land in perpetuity and payment of fee, or provide private recreational areas. The director shall also determine the location of the area to be provided in perpetuity at the time of preliminary subdivision or preliminary plan approval. (A) Prior to granting of preliminary subdivision or plan approval by the director, the council, pursuant to section 13-12 of the Charter, shall review and act on the area proposed to be dedicated for park and its proposed improvements. Acceptance shall be effective no earlier than receipt of final subdivision or final plan approval by the director. (B) If the council declines the offer, the director shall require an alternative method of assessment in accordance with sections 8-8, 8-9, and 8-10. (b) Whether the council accepts land and any required improvements for dedication and County maintenance shall be determined by consideration of the following: (1) Proximity to existing County or State parks and relationship to proposed general planned parks or park master plan. (2) Conformity to the policies and standards of the recreation, open space, natural beauty, historic sites or natural resource and shoreline elements of the general plan and recreational master plan. (3) Suitability of the size, shape, topography, geology, access, use and location of the site for park and playground purposes. (4) The kinds of park improvements available or to be constructed or installed. (5) Feasibility for the County to improve and maintain such land and any improvements thereon. 8-8