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PUBLIC ACCESS § 34-4 <br /> (b) The location of public shoreline and mountain areas and existing shoreline, coastal <br /> and public mountain trails shall be determined by the director in consultation with <br /> the State department of land and natural resources and the department of parks <br /> and recreation and shall be established by rule pursuant to chapter 91, Hawaii <br /> Revised Statutes. The director shall solicit such information from such agencies <br /> upon adoption of the ordinance codified in this chapter and from time to time <br /> thereafter. Such rules shall include maps depicting the public-owned areas and the <br /> approximate location of the existing public trails, and may provide for <br /> supplementation of listed areas and trails upon publication of notice in lieu of rule <br /> amendment. Provided, that the rules shall be amended not less than every five <br /> years to incorporate any supplemental changes made since prior rule adoption and <br /> to allow public comments on practices and procedures established under such rules. <br /> (c) The location and frequency of public access shall be established by the director or <br /> the planning commission, as respectively authorized under chapters 23 and 25 <br /> subject to the provisions of article 3 of this chapter. The director shall establish the <br /> preferred public access alignment with consideration of such factors as topography, <br /> approximate location along the nearest public street and configuration of the <br /> subdivision lots or development site. <br /> (d) Where the lands comprising a proposed subdivision or development do not span the <br /> entire distance between a public street and a shoreline or mountain area to which <br /> the County has determined by the director that public access is necessary, the <br /> director shall require dedication of those segments of the needed public accessway <br /> laying within the proposed subdivision or development. <br /> (e) Except as provided in subsection (f) herein below, a multiple-family development <br /> approved prior to March 4, 1996 shall be subject to the provisions of this chapter <br /> when six or more dwelling units are added or proposed to be added thereto. <br /> (f) The provisions of this chapter shall not apply to subdivisions or multiple-family <br /> developments sanctioned, approved or permitted by a development agreement <br /> pursuant to the development agreement code, a change of zone ordinance, or a valid <br /> special management area (SMA) permit issued prior to March 4, 1996 when: <br /> (1) Such agreement, ordinance or SMA permit includes requirements for the <br /> dedication of public access to the shoreline, provision of related improvements <br /> or a cash payment in lieu thereof; or <br /> (2) The director determines that the provisions of the agreement, ordinance or <br /> SMA permit, together with one or more related agreements, zoning ordinances <br /> or SMA permits covering adjacent lands, was intended by the council or the <br /> planning commission, respectively, to comprise an integrated shoreline access <br /> system for the lands subject to such related agreements, ordinances or SMA <br /> permits; and <br /> 34-3 <br />