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§ 34-8 HAWAII COUNTY CODE <br /> Article 4. Dedication of Access. <br /> Section 34-8. Subdivision of land. <br /> (a) Upon review of a subdivision application, when it is determined that public access <br /> must be provided, the subdivider shall file the executed documents for dedication of <br /> the public access, free and clear of all encumbrances with the director. <br /> (b) Prior to final subdivision approval, the dedication documents shall be reviewed and <br /> approved as to its form and content by the appropriate agencies. The director may <br /> thereafter grant approval to the subdivision in accordance with the subdivision <br /> rules and regulations of the County. <br /> (c) The public access shall be clearly designated on the final map of the subdivision in <br /> accordance with the subdivision rules and regulations. <br /> (1996, ord 96-17, sec 2.) <br /> Section 34-9. Multiple-family development. <br /> (a) When it is determined that public access must be provided upon review of a <br /> multiple-family development, the developer shall file a subdivision application to <br /> create the public access right-of-way in accordance with the Subdivision Code if the <br /> developer elects to provide the access in fee simple. Public access shall be <br /> designated on the plot plan and specified in the final plan approval. <br /> (b) The developer shall file the executed deeds or grants of easement for dedication of <br /> the public access, free and clear of all encumbrances with the director. <br /> (c) Prior to final plan approval, the documents shall be reviewed and approved as to its <br /> form and content by the appropriate agencies. <br /> (d) The public access right-of-way shall be clearly designated on the multiple-family <br /> development plan. <br /> (1996, ord 96-17, sec 2.) <br /> Section 34-10. Responsibility for cost of improvements and maintenance. <br /> Upon the acceptance of the dedication of land for a right-of-way for public access by <br /> the County, the County shall thereafter assume the cost of improvements for and the <br /> maintenance of the public access, unless the subdivider or developer agrees to assume <br /> such cost and maintenance. Provided that when a right-of-way is to be dedicated for <br /> public access pursuant to article 2, section 34-4(d) of this chapter, the County shall not <br /> be obligated to maintain the public access until the entire length of the desired access <br /> has been dedicated to the County. <br /> (1996, ord 96-17, sec 2.) <br /> 34-6 <br />