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PUBLIC ACCESS § 34-1 <br /> CHAPTER 34 <br /> PUBLIC ACCESS <br /> Article 1. General Provisions. <br /> Section 34-1. Title. <br /> This chapter may be cited as the public access code. <br /> (1996, ord 96-17, sec 2.) <br /> Section 34-2. Statutory authority. <br /> This chapter is enacted pursuant to the authority granted by section 46-6.5, <br /> Hawai`i Revised Statutes, as amended. <br /> (1996, ord 96-17, sec 2.) <br /> Section 34-3. Definitions. <br /> (a) For the purpose of this chapter, unless it is plainly evident from the context that a <br /> different meaning is intended, certain words used herein are defined as follows: <br /> (1) "Approval" means the final approval granted to a proposed subdivision where <br /> the actual division of land into smaller parcels is sought, provided that, where <br /> construction of a building or buildings for a multiple-family development is <br /> proposed without further subdividing an existing parcel of land, the term <br /> "approval" shall refer to the issuance of the building permit. <br /> (2) "Dedication" means the conveyance of land, including any improvements, <br /> fixtures and facilities appurtenant, or any interest therein, in fee simple or <br /> easement. <br /> (3) "Director" means the planning director of the County of Hawai`i. <br /> (4) "Easement" means the grant of the right to use a strip of land for specific <br /> public access purposes. <br /> (5) "Lot" means a building site or a parcel of land shown as a unit on an approved <br /> and recorded subdivision as defined in the Hawai`i county subdivision control <br /> code. <br /> (6) "Mountain" means those lands situated above the one thousand-foot elevation <br /> above sea level. <br /> (7) "Multiple-family development" or "development" means buildings or structures <br /> containing six or more dwelling units on one lot. <br /> (8) "Planning commission" means either the windward or leeward planning <br /> commission, or both acting as a joint commission, as provided for in the <br /> Charter. <br /> (9) "Public access" means a public right-of-way in fee or easement for pedestrian <br /> traffic and may also be used as a bikeway, utility easement, or for restricted <br /> vehicular traffic. <br /> (10) "Public mountain area" means lands publicly owned or privately owned subject <br /> to written grants of easements allowing public access and use. <br /> 34-1 <br />