HomeMy WebLinkAboutBIL 225 Draft 04 1998-2000
C4IJT~ 4F I~~.VV~I`I STATE O~ II.A~I`I
~IT.I. Nom. 225
Tyr 4
o~~~~~.~vc~ No.
AN ORDINANCE AIOZENDING CIIAPTER 22, OF TILE IIAWAI`I COUNTY CODE 193 (1995
EDITION), RELATING TO STREETS AND SIDEWALKS.
BE IT ORDAINED BY TI-IE COUNCIL OF TILE COUNTY OF IIAVVAI`I:
SECTION 1. Chapter 22 of the Hawaii County Code is hereby repealed in its entirety.
SECTION 2. The Hawaii County Code is amended by adding a new Chapter 22, which shall read as
follows:
"CIIAPTER 22
COUNTY STREETS
Article 1. General Provisions
Section 22-L1. Intent and purpose.
The county council finds that the primary function of county streets is to provide safe, efficient and
orderly passage of pedestrians, vehicles, and other means of transportation and where appropriate, to
provide safe, efficient and orderly access to adjoining properties. This chapter seeks to establish a program
which preserves and promotes this primary function by defining and regulating construction within a county
street; and uses within or adjacent to a county street that are not an integral part of its infrastructure or
necessary for safe and Lawful operation on a street. These provisions do not apply to private streets or to
streets owned by the State of Hawaii including the Department of Hawaiian Homes Lands unless otherwise
agreed to by the State or the Department of Hawaiian Homes Lands.
The council further declares that it is in the interest of public safety and welfare to mandate the naming
of all streets and the numbering of all houses and commercial buildings in the county. A fully implemented
street naming and building numbering program would facilitate all transactions which depend on the
expeditious location of a street or building in the county.
Section 22-1.2. I~efiraiti®ns.
As used in this chapter unless otherwise specified:
(1) "Banner" means any temporary sign which is suspended over a county street.
(2) ``Building" means a structure which is occupied for residential purposes or
used as a place of business.
(3) "Corparation counsel" means the head of the county department of
the corporation counsel or its duly authorized representative.
(4) "Chief of police" means the head of the county police department or its duly
authorized representative.
(5) "Common driveway approach" means a driveway approach that is located along the
frontage of two or more properties and is used as an ingress and egress to said properties.
(6) "Director" means the head of the county department of public works or its duly
authorized representative.
(7) "Driveway" means a road on private or public property giving access from a private or
public street to an established use on the property.
(8) "Driveway approach" means an area between the edge of the roadway and property line
of any county owned or maintained street that provides ingress and egress to an abutting
property.
(9) "Engineer" means a privately employed licensed professional civil engineer.
(10) "Finance director" means the head of the county finance department or its duly
authorized representative.
(11) "Official county street name" means a street name that has been adopted by the council
by duly promulgated resolution or by the planning director.
(12) "Person" or words importing persons, for instance, "another," "others," "any," "anyone,"
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"anybody," and the like signify not only individuals, but corporations, firms, associations,
societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons
known or unknown, and the public generally, where it appears, from the subject matter,
the sense and connection in which such words are used, that such construction is
intended.
(13) "Planning director" means the head of the county planning department or its duly
authorized representative.
(14) "Roadway" means that portion of a county street, excluding shoulders, curbs, gutters,
sidewalks or other roadside drainage facilities, used exclusively by vehicular traffic.
(15) "Sidewalk" means that portion of a county street defined by a vehicular separation device
such as a concrete, asphaltic concrete or rolled concrete curb that is intended for
pedestrian or other non-vehicular use.
(16) "Speed hump" means a gentle rise in the profile of the road that is used to regulate the
speed of a vehicle.
(17) "Street" means the entire width between property lines of any county owned and
maintained street, avenue, road, alley, highway, lane, path or other place opened,
improved and established for the use of vehicles, pedestrians or both.
(18) "Vehicle" means every licensed or otherwise authorized device in, upon or by which any
person or property is or may be transported or drawn upon a roadway.
(19) "Violator" means the property owner, lessee, or the person responsible for the violation.
Article 2. Prohibitions
Section 22-2.1. Encroachments.
No object shall be allowed in, under, or over any county street excluding objects that are intended or
permitted by the director, chief of police or other provisions of law to be in, under, or over a county street,
or which has a clearance of fifteen feet or more above the surface of the street, such as the canopy of trees.
Section ZZ-2.2. Intersection sight distance.
(a) To preserve adequate vehicular sight distance at intersections formed by two or more county
streets, no object with a height between three feet and eight feet above the nearest surface of the
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county street shall be allowed within the area defined by the chord of an arc having a radius of
thirty feet from the intersection of property lines or their extensions that form the intersection.
(b) Whenever unusual conditions exist, such as steep road grades, non-perpendicular intersections or
intersections having more than two county streets, the director, may, after an appropriate
analysis, establish an area greater or lesser than that defined in this section.
Section 22-2.3. Daflnage.
(a) Unless otherwise permitted by the director, no person shall transport any materials or operate any
vehicle, trailer, machinery, equipment or any other means of conveyance upon or across any
county street in such a manner that it scratches, mars, excavates or otherwise damages any
portion of the street.
(b) Unless otherwise permitted by the director, no person shall drop or spread oil, paint, gravel, or
any other substance or object upon any county street in a manner or in an amount which creates
an unreasonable risk to persons or property.
Section 22-2.4. Ianpeding and obstructing tlae public; endangering persons and property.
(a) No person, without a legal privilege to do so, shall knowingly or recklessly render impassable,
without unreasonable inconvenience or hazard, any county street, whether alone or with others.
(b) No person shall knowingly or recklessly engage in conduct which creates an unreasonable risk or
harm to any person or property on any county street.
Section 22-2.5. Conartaercial use of county streets.
r'. ; ~ 2 ~ k ~ . ~S: € } r # :;f ' , no person shall use any portion of a county street for the purpose
of displaying, vending, hawking, selling, renting or leasing any goods, wares, food, merchandise or other
kinds of property.
Section 22-2.6. Signs and other advertising materials.
' f<<€>i. ~ ~>~l s ~ >t -~-5 > .>s < . no person shall place, leave, deposit or install any privately
owned signs, hand bills, posters or other related advertising material on or above any county street. Private
signs and other advertising materials are prohibited and shall be subject to immediate removal by the
department of public works according to the provisions of this chapter.
4
Article 3. Use of Cou~aty Streets
Division 1. Types of Permits
Section 22-3.1. Types of permits.
(a) "Banner permits" include permits to temporarily place a banner over and across a county street.
(b) "Publication dispenser permits" include permits to place newspaper stands, news racks, or other
dispensers of handbills or other printed or written materials on or over a county sidewalk.
(c) "Sidewalk use permits" include permits to place garbage receptacles, decorative planters, public
benches, required provisions for the disabled or other items which will be placed in or on the
county street for non-commercial purposes that are deemed by the director to promote public
welfare.
Section 22-3.2. Paabiic utilities exemption.
Public utilities that have an executed utility franchise, or other legally binding agreement with the
County of Hawaii, including provisions of the Hawaii Revised Statutes, may be exempt from the
provisions of this article at the discretion of the director.
Division 2. Banner Permits
Section 22-3.3. Banner permits; application.
Any person who is an authorized representative for the subject to be publicized by the banner may apply
for a banner permit. Permit applications shall be submitted upon a form designated by the director and shall
include, at a minimum, the following information and attachments:
(1) General applicant information, i.e. name, address, phone number.
(2) A map showing the county street and approximate location of the banner.
(3) A description of where and how the banner will be anchored or secured.
(4) Length and width dimensions of the banner.
(5) The height of the lowest edge of the banner above the highest point of the roadway.
(6) The duration of time for which the permit is requested.
(7) A description or sketch of the banner's visual content.
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/~5 s) a.'f ~ #i~a~ SC ; ..L 13..t. sk. < +s#i•' k ~ :`S.-. i .k:fi S }
(9) An agreement, to be approved by the corporation counseil, which indemnifies, defends
and holds harmless the County of Hawaii, its officers and agents thereof, from all
claims, demands, suits, actions, or proceedings of every name, character, and description
which may be brought against the County of Hawaii for or on account of any injuries or
damages to any person or property received or sustained by any person by or in
consequence of any act or acts of the holder of the permit for actions done under the
permit.
(10) A certificate of insurance or a copy of a public liability insurance policy approved by
corporation counsel, and including as an additional named insured the county, its officers,
representatives, employees, and agents covering any claim or liability for damages,
injuries or death resulting from any of the uses permitted hereunder. The minimum
amount of coverage under such policy shall be $1,000,000 per occurrence. The policy
shall be kept in force until the banner is removed from the county street.
Seet(yi-ox~ 22-3.4. ~3anner peraa~it; crite((ria)) f<<or gryanyting. )1
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(1) The banner will not exceed one-hundred square feet and the lowest edge of the banner
will be at least fifteen feet above tihe highest point of the roadway.
(2) }:..t r~ 3`:~ 3 ; }o #~.~s;" # ~'k:~?.rs £{.~'~C#.i ff£1.>€~?£a ~,t# 3."1S, lS:~ 3 .k :^.:s~rt-r f >,,:t ? f;,t;:i-,
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(3) The applicant has ~ 5:;,, }S# . <<f~~ . #Y# ,.5~ to indemnify, defend and hold harmless the
county as provided above, to the satisfaction of the corporation counsel.
(4) The applicant has submitted a certificate of insurance or a copy of a public liability
insurance policy issued by a carrier naming the county as an additional insured as
provided above, to the satisfaction of the finance director and the corporation counsel.
(5) The director finds that the banner will not unreasonably impede or endanger pedestrians,
including the disabled or other public use of the street.
6
Division 3. Publication Dispenser Permits
Section 22-3.5. Publication dispenser permits; application.
The publisher, editor, distributor or seller of any newspaper or any other publication may apply for a
publication dispenser permit. Permit applications shall be submitted upon a form designated by the director
and shall include, at a minimum, the following information and attachments:
(1) General applicant information, i.e. name, address, phone number.
(2} A description and map of the location of the publication dispenser.
(3) The duration of time for which the permit is requested.
(4) The height of the publication dispenser.
(5} The width of the sidewalk that the dispenser will occupy and the clear space that will
remain on the sidewalk after the dispenser is in place.
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(7) An agreement, to be approved by the corporation counsel, which indemrafies, defends
and holds harmless the County of Hawaii, its officers and agents thereof, from all
claims, demands, suits, actions, or proceedings of every name, character, and description
which may be brought against the County of Hawaii for or on account of any injuries or
damages to any person or property received or sustained by any person by or in
consequence of any act or acts of the holder of the permit for actions done under the
permit.
(8) A certificate of insurance or a copy of a public liability insurance policy approved by
corporation counsel, and including as an additional named insured the county, its officers,
representatives, employees, and agents covering any claim or liability for damages,
injuries or death resulting from any of the uses permitted hereunder. The minimum
amount of coverage under such policy shall be $1,000,000 per occurrence. The policy
shall be kept in force until the publication dispenser is removed from the county street.
Section 22-3.(. Publication dispenser permit; criteria for granting.
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(1) The publication dispenser does not exceed four feet in height.
(2) The publication dispenser does not occupy more than one-fifth of the width of the
sidewalk rans~.+~d wi>>ll 4lefave a cle2ar width}of atf <leaksst t?hyree.yf>eet. y+ ~tg y~ i p i
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(4) The applicant has ~~~~~:{~~~s:~,~~~.,~~r~ to indemnify, defend and hold harmless the
county as provided above, to the satisfaction of the corporation counsel.
(5) The applicant has submitted a certificate of insurance or a copy of a public liability
insurance policy issued by a carrier naming the county as an additional insured as
provided above, to the satisfaction of the finance director and the corporation counsel.
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Division 4. Sidewalk Use Permits
Section 22-3.7. Sisle~valk use permit; application.
Any person who is an authorized representative for the use being requested may apply for a sidewalk
use permit. Permit applications shall be submitted upon a form designated by the director and shall include,
at a minimum, the following information and attachments:
(1) General applicant information, i.e. name, address, phone number.
(2) A description and map of the proposed location showing where the proposed items or
proposed use will be located.
(3) A description of the items that will be placed on the county street.
(4) Dates and hours of proposed use.
(5) The height of any items that will be placed on the county street.
(6) The width of the sidewalk that the activitygwill occupy and the rema,+ining cleassr space.
3z ~}Q '£at '£s }.yf,,`,~.3'}F39f ':.~3.It.i `,~l~1~~~3~Z~~s 3,33 3i"~, S~. wL.`~.S'3~}. ~v #'~~~if 4~.a#2a. ~i ik' t33t}. ~ff ?~.LE"'~'3~T#`s~,
Y~`?373~ ftl Ti~~~, r~3f
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(8) An agreement, to be approved by the corporation counsel, which indemnifies, defends
and holds harmless the County of Hawaii, its officers and agents thereof, from all
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claims, demands, suits, actions, or proceedings of every name, character, and description
which may be brought against the County of Hawaii for or on account of any injuries or
damages to any person or property received or sustained by any person by or in
consequence of any act or acts of the holder of the permit for actions done under the
permit.
(9) A certificate of insurance or a copy of a public liability insurance policy approved by
corporation counsel, and including as an additional named insured the county, its officers,
representatives, employees, and agents covering any claim or liability for damages,
injuries or death resulting from any of the uses permitted hereunder. The minimum
amount of coverage under such policy shall be $1,000,000 per occurrence. The policy
shall be kept in force until the proposed use is terminated and the permitted items are
removed from the county street.
Section 22-3.8. Sidee~valk use peranit; criteria for granting.
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(1) The items do not exceed four feet in height.
(2) The use or item will leave a clear width of at least three feet of sidewalk.
(3) The applicant has submitted evidence that demonstrates that the proposed use is for
n>` on-commercit5tal purpokstes an}d will }p~ rop{mote public >welfare. ( {y 2 p yy 5
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3.. ) £ .s 3 ' f...`£~:-. ,C:S>t,S i ~i%''~ 45£~~'#t1 °bi L..::f ~t~~ ~
(5) The applicant has ? ,3~,~'d f to indemnify, defend and hold harmless the
county as provided above, to the satisfaction of the corporation counsel.
(6) The applicant has submitted a certificate of insurance or a copy of a public liability
insurance policy issued by a carrier naming the county as an additional insured as
provided above, to the satisfaction of the finance director and the corporation counsel.
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9
Division 5. Permit Conditions
Section 22-3.9. Permit conditions.
In addition to any other conditions imposed by this chapter, all permits issued pursuant to this article
shall be subject to the following conditions:
(1) All items shall be removed from the county street during all periods outside of the
permitted times and days.
(2) Permittees shall comply with all laws, ordinances and regulations of the federal, state and
county governments relating to the installation, operation and maintenance of their
permitted items or uses.
(3) Permittees shall be wholly responsible for the repair and maintenance of all permitted
items, including any associated utility improvements.
(4) Only the use described on the permit shall be deemed to be authorized by the director.
Any additional uses shall require additional authorization from the director.
(5) Should the permitted activity or improvement interfere with or obstruct any county
facility or other authorized improvements, the permittee shall, at their own expense
either.
(A) Terminate the use and remove the activity or improvement; or
(B) Move the use to a location acceptable to the director;
(6) Should the permitted activity or improvement interfere with or obstruct any emergency
repairs to a county facility or public utility, the permittee authorizes the use of all
necessary action to immediately relocate permitted activity or improvement and shall
make no claim for any damages that may result from the relocation action.
(7) Any construction work associated with the permits of this article shall also be subject to
the construction requirements of this chapter.
(8) Upon termination of all permits, the permittee shall be responsible for the restoration of
the county street used or occupied by the permittee to a condition equal to or better than
its original condition.
to
Division 6. Permit Fees
Section 22-3.10. Fees.
(a) Upon submission of an application for any permit provided for this article, applicants shall
submit a processing fee of $25.
(b) Fees shall be waived for any permit issued to or on behalf of federal, state and county agencies
including the department of water supply.
Article 4. Construction in County Streets
Division 1. PerYnitting
Section 22-4.1. Construction permit required.
No person shall, in any manner or for any purpose, alter, break up, dig up, disturb, undermine or dig
under or cause to be altered, broken up, dug up, disturbed, undermined or dug under any county street
without having first obtained a written permit to do so from the director+,.
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~i,.,i.~.~','.I~.i! ~:E ~ ~ i:I, Yt„ 3f'.. I ?.3', t. ~~3:' ~ ~ .I" ,.;;v a +.a~~:£:5~'~ . >~i`3'c. .I ; 3v ~ . ? `;3Sf ~'I~~1~ 1
t2 (~i j ) -.f > Y ~ 22 S `y`y << r } )>{y f 3 > $ t }:~~1~..(( { kk))//..
tl~~: ; k£L~{£5 lw.S.. # #,t . C ry) .vv : ..f C ~ 'v# .S..~tS V t, t.. S.:~4,4S~S2~~tl~isL (i[S.i$+y 25.£ {><~;~w.3.i,Si:~
3 s.~' s. >'I.S,v 3:t3 ~ 3I. i.E- s~l #Y k f~ °iY.' ~,`v.s,".>~f,> #,£..'s$ .~..€i~k#.t # £ ~t> ?'jpr 3 ~:f
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Section 22-4.2. Construction permits; application.
Any person or authorized representative who is responsible for the work to be performed within a
county street may apply for a construction permit. Permit applications shall be submitted upon a form
designated by the director and shall include the following information and attachments:
(1) General applicant information, i.e. name, address, phone number.
(2) General contractor, i.e. name, license number, address, phone number.
(3) A description and map of the location or address of the county street to be affected.
(4) A plan describing the purpose and nature of the work to be performed on the county
street and a cost estimate for the work.
11
(5) A description of the dimensions of the area of the county street that will be affected.
(6) The approximate starting date, duration of work and working hours.
(7) An agreement, to be approved by the corporation counsel, which indemnifies, defends
and holds harmless the County of Hawaii, its officers and agents thereof, from all
claims, demands, suits, actions, or proceedings of every name, character, and description
which may be brought against the County of Hawaii for or on account of any injuries or
damages to any person or property received or sustained by any person by or in
consequence of any act or acts of the holder of the permit for actions done under the
permit.
(8) certificate of insurance or a copy of a public liability insurance policy approved by
corporation counsel, and including as an additional named insured the county, its officers,
representatives, employees, and agents covering any claim or liability for damages,
injuries or death resulting from any of the uses permitted hereunder. The minimum
amount of coverage under such policy shall be $1,000,000 per occurrence. The policy
shall be kept in force until all work is completed to the satisfaction of the director.
Section 22-4.3. Construction pergnits; criteria. for granting.
The director may issue a construction permit for a period not to exceed one year if r ~:r!= following
criteria are met:
(1) The applicant has demonstrated that the construction will be in compliance with the
requirements of this article and the other provisions of this chapter.
(2) The applicant has 4, . € . s ~ ~~~s~ ;<3 to indemnify, defend and hold harmless the
county as provided above, to the satisfaction of the corporation counsel.
(3) The applicant has submitted a certificate of insurance or a copy of a public liability
insurance policy issued by a carrier naming the county as an additional insured as
provided above, to the satisfaction of the finance director and the corporation counsel.
(5) Work within the county right-of--way shall be done by appropriately licensed contractors.
Section 22-4.4. Construction permits; conditions.
t2
(a) The applicant shall notify the director forty-eight hours before the commencement of any work
within the county street.
(b) The applicant shall maintain public safety while working in a county street by using barricades,
construction signs, markings, warning lights, traffic control personnel and other devices
according to "Manual on Uniform Traffic Control Devices for Streets and Highways" on file in
the department of public works.
(c) Unless otherwise permitted by law, the applicant shall keep at least one traffic lane open for two-
way vehicular traffic during the working hours of the day and at least two traffic lanes open
during non-working hours. When the work interferes with a sidewalk, the applicant shall also
provide for the safe passage of pedestrians including the disabled around or through the work
area.
(d) The applicant shall be responsible for notifying all property owners/lessees who are affected by
the construction 48 hours prior to commencing.
(e) No material, except the trench excavated material, shall be stockpiled closer than six feet from
the existing edge of pavement.
(f) No construction equipment shall be parked or any materials stored in the county street in such a
manner that the equipment or materials will obstruct or prohibit pedestrian and vehicular
movements, including driveway movements, except during actual working hours.
(g) No excavation shall be left open for more than five working days.
(h) The applicant shall repair, restore, or replace all portions of a county street, including but not
limited to utilities, drainage ways and structures, traffic markings and signs, driveways and
private property that had been altered, broken up, dug up, disturbed, undermined, dug under or
otherwise damaged during construction to a state equal to or better than its original condition.
Regardless of existing conditions, work shall also include the construction of ne~v curb-cuts for
the disabled, accessible driveways or other improvements such that all ~ . >:~t~~ z>.<
~ ; . ~ s~-:> with the current requirements of the Americans with Disabilities Act
(ADA).
(i) Before issuing a permit, for all work with an estimated cost equal to or exceeding $20,000, the
director may require a cash bond, surety company bond, or personal surety bond in favor of the
county. The value of the bond shall be double the estimated cost of restoring or replacing the
county street to a state equal to or better than its original condition.
13
(j) Work must be completed within one year of the starting date shown on the permit unless
otherwise specified. Failure to complete the work will result in the termination of the permit.
(k) Repair, restoration or replacement of county streets, highways and sidewalks shall comply with
applicable specifications and plans on file in the department of public works. Copies of these
specifications and plans shall be furnished to each applicant upon making a request.
(1) Driveway approaches shall be constructed or repaired according to the provisions of this chapter
and applicable specifications and plans on file in the department of public works. Copies of
these specifications and plans shall be furnished to each applicant upon making a request.
(m) Upon completion of the work, the applicant shall immediately remove all equipment and
materials and shall leave the work area in a clean, safe and sanitary condition satisfactory to the
director.
(n) All restoration and repair work of the pavement, shoulders, and any other county facilities shall
be guaranteed by the applicant against any defects for a period of one year from the date of final
inspection.
Section 22-4.5. Construction pertrnit; fees.
Construction permit processing fees shall be paid according to the following schedule:
(1) For county street excavation, including sidewalk restoration, the applicant for a permit
shall be required to pay upon submission of an application, a fee of fifty cents per lineal
foot for the first fifty feet of work and an additional five cents per lineal foot for work in
excess of fifty feet, but no fee shall be less than $25.
(2) For driveway approaches, the applicant for a permit shall be required to pay upon
submission of an application, a fee of $25 for each driveway approach.
(3) For all other work, construction, or installations within a county street the applicant for a
permit shall be required to pay upon submission of an application, a fee of $25.
(4) Fees shall be waived for permits issued to or on behalf of federal, state and county
agencies including the department of water supply.
Division 2. Sidewalk Standards
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Section 22-4.6. Maintenance of sidewalk area.
(a) Every owner of land abutting on or adjoining any county street shall, at their own expense,
maintain the sidewalk area and the portions of their properties that adjoin the sidewalks by
trimming, cutting, pruning, mowing, sweeping or using other methods to control landscape
plants, weeds, noxious growths, trash, debris or other materials that would damage the sidewalk
area or interfere with or inconvenience pedestrian traffic. The sidewalk area shall include that
portion of the county street between the outside face of the curb and the abutting property line.
The sidewalk area shall also include the gutter when the gutter and curb are constructed as a
single unit.
(b) All landowners shall, at their own expense, be responsible for the repair of all damages to the
sidewalk area that can be attributed to the owner's ~.`s,.~..~; f . , , s;:> i .ft>
~ ~.':r The director shall determine the extent of repair or maintenance required and
whether damages were caused by a lack of maintenance or abuse.
Section 22-4.7. Sidewalk repair.
All repair work shall be performed according to the permitting requirements of this chapter.
Division 3. Driveway Approach Standards
Section 22-4.8. Proper driveway approach required.
(a) No county street shall be used for ingress or egress to a property without a properly located and
constructed driveway approach.
(b) All driveway approaches shall be constructed in accordance with this chapter except for those
county streets that do not have curbs and sidewalks and are fully paved from the lateral line of
the roadway up to the property line.
Section 22-4.9. Standards for driveway approaches.
(a) Width of driveway approach.
(1) Except for commercial and industrial uses, driveway approaches shall not exceed
thirty-six feet in width, including flares. This width shall be measured along the outside
face of the curb or the lateral line of the roadway.
is
(2) Driveway approaches for commercial and industrial uses may be wider than thirty-six feet
in width, including flares, if designed by an engineer and approved by the director.
(b) Common driveway approaches.
(1) The director may permit the creation of a common driveway approach for separate
parcels when requested by the affected property owners.
(2) Except for commercial and industrial uses, common driveway approaches shall not
exceed thirty-six feet in width, including flares. This width shall be measured along the
outside face of the curb or the lateral line of the roadway.
(c) Distance between driveway approach and property lines. Except for a common driveway
approach, no portion of a driveway approach, including flares, shall be constructed closer than
two feet from the extension of any property line dividing two lots except where a property
frontage is less than twenty feet, in which case the flared portions of the driveway may go
beyond the property line extension.
(d) Location of driveway approaches at intersections.
(1) Intersections without a traffic signal system.
(A) Except for commercial and industrial uses, no portion of the driveway approach
including flares shall be constructed within thirty feet of the intersection of
property lines or their extensions. However, if the property corner at the county
street intersection is defined by a curve having a radius of greater than thirty feet,
no portion of the driveway approach including flares shall be constructed within
the curve.
(B} For commercial and industrial uses, no portion of the driveway approach
including flares shall be constructed within seventy-five feet of the intersection of
property lines or their extensions. However, if the property corner at the county
street intersection is defined by a curve having a radius of greater than
seventy-five feet, no portion of the driveway approach including flares shall be
constructed within the curve.
(2) Intersections with a traffic signal system. No portion of the driveway approach including
flares shall be constructed within seventy-five feet of the intersection of property lines or
their extensions. I-Iowever, if the property corner at the county street intersection is
16
defined by a curve having a radius of greater than seventy-five feet, no portion of the
driveway approach, including flares, shall be constructed within the curve.
(3) If a property does not have sufficient county street frontage to comply with the
intersection location requirements, the driveway shall be located as far from the
intersection as possible. A plot plan showing the location of the driveway shall be
submitted to the director for review and approval.
(e) Maximum number of driveway approaches.
(1) Except for commercial and industrial uses, no property shall have more than two
driveway approaches. A common driveway approach shall be counted as one of the two
driveway approaches. Two driveway approaches will be allowed if they meet the width,
spacing and location requirements of this chapter.
(2) For commercial and industrial uses, multiple driveway approaches shall be designed by
an engineer and approved by the director.
(f) Spacing between driveway approaches.
(I) When more than one driveway approach is to be constructed for a property, there shall be
a minimum space of thirty feet between approaches.
(g) Public facilities.
(1) No driveway approach shall interfere with any existing public facilities located within a
county street. Typical public facilities include street lighting poles, traffic signal poles
and equipment, signs, catch-basins, fire hydrants, crosswalks, parking spaces and meters,
bus loading zones, utility poles, underground public utilities and other related public
structures or improvements within a county street.
(2) If a proposed driveway approach interferes with an existing public facility, the owner of
the property using the driveway approach shall bear the expense of removing,
reconstructing or relocating the facility. This work shall be performed according to the
provisions of this chapter.
(3) If a new public facility interferes with an existing driveway approach, the owner of the
public facility shall bear the expense of removing, reconstructing or relocating the
driveway approach and its related improvements, including paying for all damages
17
resulting from the work and restoring all private lands to a state equal to or better than its
original condition.
(4) Culverts, swales and other drainage improvements. No driveway approach shall interfere
with the proper runoff of surface waters into, or passage of waters through existing
drainage culverts, swales, ditches, watercourses, defiles, or depressions. When in the
construction of a driveway approach, the proper runoff of surface waters and other waters
require the construction of a drainage structure other than a Swale, such drainage structure
shall be designed by an engineer and approved by the director.
Section 22-4.10. Maintenance of drivev~ay approaches.
All landowners shall, at their own expense, maintain and repair their driveway approach such that it does
not cause a hazard to, interfere with or inconvenience vehicular or pedestrian traffic. Maintenance shall also
include drainage structures or other improvements that are integrated or included as part of the driveway
approach. These responsibilities shall continue until the driveway approach is removed and the area
restored to a condition meeting with the satisfaction of the director.
Articlc 5. Addresses
Division 1. Street leiagnes
Section 22-5.1. Posting street Haynes at intersections.
The director shall post the official county names where two or more county streets intersect.
Section 22-5.2. Adoption of street Haynes.
The authority to name and to approve the change of names for all streets, including private and state
owned streets, within the county is delegated to the planning director, to be exercised in accordance with
administrative rules and regulations established by the planning department.
Section 22-5.3. Street name repository.
The planning department shall serve as a repository for all official street names.
lg
Division 2. Building Numbering
Section 22-5.4. Numbering houses and buildings mandated.
All buildings in the County of Hawaii, which are occupied for residential purposes or used as a place of
business, shall be numbered.
Section 22-5.5. Numbering buildings regulated.
(a) The director shall regulate the numbering of all buildings within the County of Hawaii.
(b) The director shall have on file a map or series of maps showing building numbers within the
County of Hawaii.
Section 22-5.6. Buildings to be numbered; duties of the property owner.
(a) Every property owner of a building shall number such building in accordance with the provisions
of this section upon receipt of a building number from the director.
(b) Any wrong number shall be removed or effaced.
(c) The building number shall be posted in accordance with the provisions of this section within
thirty days after receipt of the assigned number.
(d) All buildings shall be numbered at the expense of the owner.
Section 22-5.7. Assignment of building numbers.
The director is authorized to assign an appropriate number to each building upon application for a
building permit or upon request by the property owner, lessee, tenant, renter or government agency.
Section 22-5.8. Application for a building number.
The following information shall be provided to the director when applying for a building number:
(1) Tax map key number of the property on which the building is located.
(2) Name of the property owner.
(3) A map showing:
(A) The location of the driveway.
(B) The location of all structures on the property.
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Section 22-5.9. Standards for posting building nugnbers.
(a) Numbers must be affixed conspicuously to a building, posted at the driveway and/or on a
mailbox.
(b) When a structure is not visible from the street, the property owner shall post the assigned number
at the entrance of the driveway and/or on a mailbox. When the driveway provides access to
more than one building, assigned numbers shall posted on each of the buildings and at the
entrances and/or on the each of the mailboxes.
(c) The following shall serve as a guideline for posting numbers:
(1) Numbers shall be of a contrasting color from the background on which they are placed so
as to be readable day or night.
(2) Numbers placed on buildings shall be at least four inches in height and in readable Arabic
numerals.
(3) Numbers posted at the driveway or on a mailbox shall be at least two and one-half inches
in height, in Arabic numerals that are readable from both directions of the street.
(4) Numbers shall be placed and printed in a permanent manner. Chalk or other effaceable
material is not permitted.
(5) Numbers shall be placed on the side of the building visible from the street or driveway
and shall be mounted no less than five feet above the ground floor of the building.
Article 6. Speed 1Fiuanps
Section 22-6.1. Powers and duties of director.
The director may:
(1) Construct, place, approve, remove and repair speed humps on county streets when
deemed necessary for public safety.
(2) Grant or deny requests from the public pursuant to this chapter for the placement or
removal of speed humps on county streets.
Section 22-6.2. Requests for approval.
The director shall approve the requests as deemed appropriate. All requests for speed humps must
provide:
20
(1) The name of the county street on which the speed humps are to be placed.
(2) The proposed location of the speed humps for the highway mentioned in subsection (1).
(3) Petition of the property owners whose property abuts the county street within five hundred
feet of the proposed speed hump, in support of the speed hump.
Section 22-6.3. Process for approval.
The director shall review all requests for approval for location, design and construction to ensure that
they meet the guidelines as established in the "Guidelines for the Design and Application of Speed Humps,"
Institute of Transportation Engineers, May 1993, or as subsequently revised.
Article 7. Variances
Section 22-7.1. Variances; application.
(a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or
practical difficulty, and where desirable relief may be granted without detriment to the public
interest, convenience orwelfare, a request for a variance may be submitted to the director for
consideration.
(b) Variance applications shall be submitted upon a form designated by the director and shall include
the following information and attachments:
(1) Property owners name, phone number, and mailing address.
(2) Tax map key number of the affected property.
(3) A map showing:
(A) The location of the driveway.
(B) The location of all structures on the property.
(4) Code section from which a variance is requested.
(5) Explanation of the applicants unique circumstances and why consequently, compliance
with the applicable code section would be difficult or cause an unnecessary hardship.
(6) Explanation of alternative measures that applicant is proposing to take in lieu of
compliance with the applicable code section.
21
(7) Evidence that desired relief may be granted without detrimentally affecting the public
interest.
Section 22-7.2. Variances; criteria for granting.
Only in situations where s >the following conditions exist may a variance be granted by the director:
(1) A grant of a variance is necessitated by peculiar physical conditions not ordinarily found
in most districts, because of the peculiarity of a business, or as a result of a special event
or circumstance.
(2) Granting the variance will not adversely affect the rights of adjacent property owners or
tenants.
(3) Granting the variance will the interest, safety, convenience, or general welfare
of the public.
(4) A strict application of the terms of this chapter would result in unnecessary hardship and
practical difficulty upon the applicant or community.
Section 22-7.3. Variance application fees.
(a) Upon submission of an application for a variance provided for in this article, applicants shall
submit a processing fee of $25.
(b) Fees shall be waived for any variance applied for by a federal, state or county agency including
the department of water supply.
Article 8. Violations, lBenalties, Enforcement
Section 22-8.1. Violations.
Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter, or with
conditions imposed as part of any permit or variance from the provisions of this chapter, shall constitute a
violation of this chapter.
Section 22-8.2. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to the provisions of this chapter, if the director
determines that any person is violating any provision of this chapter, any rule adopted pursuant
22
to this chapter, or any conditions imposed as part of any permit or variance from the provisions
of this chapter, the director shall serve the person with a notice of violation and order pursuant to
this section. Service may be accomplished through personal service or by certified mail. The
director may also post a copy of the notice of violation and order at the site of the violation.
(b) The notice of violation shall include at least the following information:
(1) Date of the notice.
(2) Name and address of the person noticed.
(3) Section number of the provision, rule, permit, or variance that was violated.
(4) Nature of the violation.
(5) Location and date of the violation.
(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation.
(2) Correct the violation at the persons own expense before a date specified in the order.
(3) Reimburse the county for costs incurred during the course of performing any corrective
work.
(4) Pay a civil fine not less than $500 but not exceeding $1,000 in the manner, at the place
and before the date specified in the order.
(5) Pay a civil fine not less than $500 but not exceeding $1,000 per day for each day in which
the violation persists, in the manner and at the time and place specified in the order.
(d) The order shall advise the person that county costs and fines assessed under this section shall
constitute a lien upon the subject property upon the filing of said lien with the bureau of
conveyances.
(e) The order shall become final thirty calendar days after the persons receipt of the order, unless the
directors decision is appealed to the county board of appeals within the thirty-day period.
(f) The provisions of the order issued by the director under this section shall become final thirty
days after the receipt of the order, unless the directors action is appealed to the county board of
appeals as provided in this section.
(g) Any person adversely affected by any order issued under this section, may within thirty days
after the service of the order, appeal the order to the county board of appeals. An appeal to the
county board of appeals shall stay the provisions of the directors order pending the final decision
of the board.
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(h) The director may institute a civil action in any court of competent jurisdiction for the
enforcement of any order issued pursuant to this section. Where the civil action has been
instituted to enforce the civil fine, recover county costs, or both, as imposed by said order, the
director need only show that:
(1) The notice of violation and order were served.
(2) That a civil fine, county costs, or both were imposed.
(3) The amount of the civil fine, county costs, or both imposed.
(4) That the fine, county costs, or both imposed have not been paid.
(i) Annually, on September 1, the director shall file with the bureau of conveyances, liens on all
properties which have been the subject of fines or county costs levied under this section, which
remain unpaid for one year or more after final adjudication and the expiration of the time for any
further appeal.
(j) Fines assessed under this section shall constitute a lien upon the subject property upon the filing
of said lien with the bureau of conveyances. This lien shall be considered for purposes of
authority, to be the equivalent of liens which arise pursuant to the provisions of chapter 19 of the
Hawaii County Code.
Section 22-8.3. Crianinal prosecution.
(a) Any person whether as principal, agent, employee, or otherwise, violating or causing or
permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and
upon conviction thereof shall be sentenced as follows:
(1) For a first offense, by a fine not less than $500 but not exceeding $1,000.
(2) For a subsequent conviction which occurs within five years of any prior conviction for a
violation of this article, by a fine of not less than $500 but not exceeding $1,000.
(b) After a conviction for a first violation under this chapter, each further day of violation shall
constitute a separate offense if the violation is a continuance of the subject of the first conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the Hawaii
Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes.
(d) Any authorized personnel may issue a summons or citation to an alleged violator in accordance
with the procedure specified in this section. Nothing in this section shall be construed as barring
24
such authorized personnel from initiating prosecution by penal summons, by complaint, by
warrant or such other judicial process as is permitted by statute or rule of court.
(e) Any authorized personnel issuing a summons or citation for a violation of this article may take
the name and address of the alleged violator and shall issue to the alleged violator a written
summons or citation notifying the alleged violator to answer at a place and at a time provided in
the summons or citation.
(f) There shall be provided for use by authorized personnel a form of summons or citation for use in
citing violators of this article which does not mandate the physical arrest of such violators. The
form and content of such summons or citation shall be as adopted or prescribed by the
administrative judge of the district court and shall be printed on a form commensurate with the
form of other summonses or citations used in modern methods of arrest, so designed to include
all necessary information to make the same valid under the laws and regulations of the State of
Hawaii and the County of I~awai`i.
(g) In every case when a citation is issued, the original of the same shall be given to the violator,
provided that the administrative judge of the district court may prescribe the giving to the
violator of a carbon copy of the citation and provide for the disposition of the original and any
other copies.
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of
its respective original.
Section 22-8.4. Injunctive action.
The County of Hawaii may maintain an action for an injunction to restrain any violation of the
provisions of this article and may take any other lawful action to prevent or remedy any violation.
Section 22-8.5. Eagaergency poovers; procedures.
(a) Notwithstanding any other law to the contrary, if the director determines that a violation of this
chapter will cause imminent peril to the public health and safety, the director, without a public
hearing, may order the responsible persons to immediately cease their activities, and may
perform all necessary work and other actions as may be necessary to correct the violation. The
order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be
held before the hearings officer.
25
(b) Nothing in this section shall be construed to limit any power authorized by law which the
director or any other county official may have to declare an emergency and act on the basis of
such declaration.
Section 22-8.6. Corrective evork by the county; costs.
(a) When the director determines that a violation of this chapter will cause imminent peril to the
public health and/or safety, the department of public works may perform all necessary work to
correct the violation. This work may include, but may not be limited to, clearing or removing of
encroachments and obstructions, removal of equipment, materials, goods, wares or merchandise
found within a county street, repair and maintenance of sidewalk areas and driveway approaches,
barricading of illegal driveways and installing building numbers.
(b) All costs incurred during the course of performing any corrective work shall be paid by the
violator. The department of public works shall give, by certified mail, a bill to the violator. The
violator shall then have thirty days from the date of mailing to pay the bill.
(c) Should the violator fail to make full legal payment within thirty days, the county may use all
legal means available to recover its expenses and costs of clearing by any action allowed in law
or equity, including any proceeding allowed for the foreclosure of tax liens. These costs and
expenses shall constitute a lien against the violator's property upon the filing of the lien with the
State bureau of conveyances.
(d) Signs, banners, equipment, goods, wares, merchandise and other private items removed by the
department of public works will be stored at the nearest county highway maintenance baseyard.
Owners may recover removed items during the normal working hours of the baseyard. The
county will not be responsible for the safe keeping or proper storage of these items. At the end
of the calendar year all items shall be appropriately disposed or discarded no matter when they
were removed during the calendar year.
Section 22-8.7. Limited liability of authorized personnel.
The authorized personnel charged with the enforcement of this article, acting in good faith and without
malice in the discharge of the duties required by this article or other pertinent law or ordinance shall not
thereby be rendered personally liable for damages that may accrue to persons or property as a result of an
act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized
26
Personnel because of such act or omission performed by the authorized personnel in the enforcement of any
provision of this article or other pertinent laws or ordinances implemented through the enforcement of this
article shall be defended by the County of I-Iawai`i until final termination of such proceedings, and any
judgment resulting therefrom shall be assumed by the county.
Section 22-8.8. Remedaes cumulative.
The remedies provided in this article shall be cumulative and not exclusive.
Article 9. Legal Compliance and Rule lO~Iaking
Section 22-9.1. Compliance with this chapter and other laws.
Any approval or permit issued pursuant to the provisions of this chapter shall comply with all applicable
requirements of this chapter. The granting of a permit or variance under this chapter does not dispense with
the necessity to comply with any law, ordinance, regulation or any other provision of the Hawaii County
Code to which a permittee may also be subject.
Section 22-9.2. Adoption of rules.
The director may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the
purposes of this chapter.''
SECTION 3. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
27
SECTION 4. This ordinance shall take effect upon its approval. All permits previously issued under the
former provisions of this Chapter shall be deemed null and void one year after the approval of this ordinance
unless otherwise specified on the permit.
IN ~ ~ DUCED DY:
~ t- ' .i'
CO CII.IVI l~vIDE COUNT . OF I-IAWA ` 1
Iliia, I-Iawai`i
Date of Introduction:
Date of 1st Ileading:
Date of 2nd Ileading:
Effective Date:
2s