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§ 34-3 HAWAI`I COUNTY CODE (11) "Public shoreline area" means lands fronting a shoreline which are publicly owned or privately owned subject to written grants of easements allowing public access and use. (12) "Public street" and"public highway" mean a publicly owned street or highway or a privately owned street or highway over which rights of public use or access have been granted and duly accepted by the state or county. (13) "Recreational activity" includes, but is not limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, water skiing, and viewing or enjoying historical, archaeological, scenic or scientific sites, but excludes any and all commercial activity. (14) "Shoreline" means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or where there is no vegetation in the immediate vicinity, or the upper limit of the debris left by the wash of the waves, pursuant to chapter 205A, Hawaii Revised Statutes, as may be further amended. (15) "Subdivision" for the purpose of this chapter, means any improved or unimproved land or lands divided or proposed to be divided for the purpose of disposition into six or more lots or parcels. (1996, ord 96-17, sec 2; am 2009, ord 09-118, sec 23.) Article 2. Administration. Section 34-4. Application. (a) The provisions of this chapter shall apply to applications for all subdivisions and multiple-family developments situated generally between (1) shoreline or mountain areas; and (2) public streets and highways, as the case may be. The director shall determine the applicability of this chapter to particular lots and building sites in conjunction with determining the location and frequency of public accesses as set forth in subsection (c) of this section. A subdivider or developer of a multiple-family development shall, as a condition precedent to final approval of a subdivision or issuance of a building permit for a multiple-family development, dedicate land by right-of-way in fee or easement for public access from a public highway or public street to the following: (1) Public shoreline areas and the land below the shoreline; and (2) Public mountain areas where there are existing facilities for hiking, hunting, fruit picking, ti-leaf sliding, other recreational purposes and where there are existing public mountain trails. 34-2