HomeMy WebLinkAboutBIL 205 Draft 01 2000-2002
COIJI~~`Y O~ I~A'~V~I`I S~~T`~ O~ ~I~~~~I`I
'SILL 1~0. 205
0~1~1~1~TC~ 1®10.
AN ORDINANCE AlO~IENDING CR~4PTER B2, OF TIIE IIAWAI`I COUNTY CODE 1983
(199 EDITION), RELATING TO STREETS AND SIDEWALKS.
BE IT ORDAINED ~Y TIIE COUNCIL OF TIIE COUNTY OF IIAWAI`L•
SECTION 1. Chapter 22 of the 1-lawai`i County Code is hereby repealed in its entirety.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 22-1.1. 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.
Section 22-1.2. I2e~initions.
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) "Corporation 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," "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,
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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
Sectioaa 22-2.1. encroachments.
No object shall be allowed in, under, or over any county street, except objects that are
permitted by the director, chief of police or other provisions of law to be in, under, or over a
county street, or which have a clearance of fifteen feet or more above the surface of the street,
such as the canopy of trees.
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Section 22-2.2. 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 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. Damage.
(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 othe~wvise 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. Impeding and obstructing the 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. Commercial use of county streets.
except as otherwise permitted by law, 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.
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Section 22-2.6. Signs and other advertising materials.
Except as otherwise permitted by law, no person shall construct, place, leave, deposit,
erect 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.
Article 3. Use of County 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. Public utilities exemption.
Public utilities that have an executed utility franchise, charter, or other legally binding
agreement with the County of Hawaii, including provisions of the Hawaii Revised Statutes,
maybe exempt from the provisions of this article at the discretion of the director. This exemption
does not preclude the county from pursuing charging a fee for use of the county streets or
property.
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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.
(8) Written statements of consent from every property owner and lessee directly
fronting the proposed banner site.
(9) 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.
(10) A certificate of insurance and proof of a public liability insurance policy approved
by corporation counsel naming as an additional insured, the county, its officers,
representatives, employees, and agents and 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 and coverage shall be kept in force until the banner is
removed from the county street.
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Section 22-3.4. lsanner permit; criteria for granting.
The director may issue a banner permit for a period not to exceed seven consecutive days
if all of the following criteria are met:
(1) The banner will not exceed one hundred square feet and the lowest edge of the
banner will be at least fifteen feet above the highest point of the roadway.
(2) Written statements of consent from every property owner and lessee directly
fronting the proposed banner site.
(3} The applicant has executed an agreement 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 and proof of a public
liability insurance policy meeting the requirements as provided above, to the
satisfaction of the finance director and the corporation counsel.
(5) The banner will not impede public use of the street or endanger pedestrians
including persons with disabilities.
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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(6) Written statements of consent from every property owner and lessee directly
fronting the proposed dispenser site.
(7) An agreement, to be approved by the corporation counsel, which indemnifies,
defends and holds harmless the County of ~-Iawai`i, its officers and agents thereof,
from all claims, demands, suits, actions, or proceedings of every name, character,
and description which maybe brought against the County of I-iawai`i 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 and proof of a public liability insurance policy approved
by corporation counsel naming as an additional insured, the county, its officers,
representatives, employees, and agents and 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 and coverage shall be kept in force until the publication
dispenser is removed from the county street.
Section 22-3.6. Publication dispenser permit; criteria for granting.
The director may issue a publication dispenser permit for a period not to exceed one year
if all of the following criteria are met:
(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 and will leave a clear width of at least three feet.
(3) Written statements of consent from every property owner and lessee directly
fronting the proposed dispenser site.
(4) The applicant has executed an agreement 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 and proof of a public
liability insurance policy as provided above, to the satisfaction of the finance
director and the corporation counsel.
(6) The publication dispenser will not impede or endanger the public's use, including
persons with disabilities, of the sidewalk area or interfere with vehicular sight
distance at any intersection or driveway.
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Division 4. Sidewalk Use Permits
Section 22-3.7. Sidewalk 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 items or 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 activity will occupy and the remaining clear
space.
(7) Written statements of consent from every property owner and lesee directly
fronting the proposed site.
(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 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 and proof of a public liability insurance policy approved
by corporation counsel naming as an additional 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 and coverage shall be kept in force until the proposed use
is terminated and the permitted items are removed from the county street.
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Section 22-3.8. Sidedvalk use permit; criteria for granting.
Unless otherwise prohibited, the director may issue a sidewalk use permit for a period not
to exceed one year if all of the following criteria are met:
(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 use is for
non-commercial purposes and will promote public welfare.
(4) Written statements of consent from every property owner and lessee directly
fronting the proposed site.
(5) The applicant has executed an agreement 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 and proof of a public
liability insurance policy meeting the requirements as provided above, to the
satisfaction of the finance director and the corporation counsel.
(7) The permitted use will not impede or endanger the public's use, including persons
with disabilities, of the sidewalk area or interfere with vehicular sight distance at
any intersections or driveways.
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 all of 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.
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(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 use, activity or improvement interfere 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 use, activity or improvement impede or obstruct any
emergency repairs to a county facility or public utility, the permittee authorizes
the use of all necessary action to immediately relocate the permitted activity, use
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.
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 county agencies
including the department of water supply.
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Article 4. Construction in County Streets
Division 1. PerYnitting
Section 224.1. Construction perYnit required.
Except as otherwise permitted by law, 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.
Public utilities that have an executed utility franchise, charter, or other legally binding
agreement with the County of Hawaii, including provisions of the Hawaii State Statutes, are
not required to obtain a permit if the county street is altered broken up, dug up, disturbed,
undermined or dug under as part of an emergency repair or other urgent work necessary to
immediately restore lost service to their customers. However, a permit for this work must still be
obtained on the first county working day following the emergency repair.
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.
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(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.
(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 harrr~ ess 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 and proof of a public liability insurance policy approved
by corporation counsel riming as an additional 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 ~~mount of coverage under such policy shall be $1,000,400 per
occurrence. The policy and coverage shall be kept in force until the all work is
completed to the satisfaction of the director.
Seed®n 22.3. Constructi®~a permits; criteraa f®r grantiaag.
The director may issue a construction permit for a period not to exceed one year if all of
the 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 executed an agreement 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 and proof of a public
liability insurance policy meeting the requirements as provided above, to the
satisfaction of o-he A~nance director and the corporation counsel.
(4) The construction will not impede the public use of the street or endanger
pedestrians including persons with disabilities.
(5) Work within the county street shall be done by appropriately licensed contractors.
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Section 22-4.4. Construction permits; conditions.
(a) The applicant shall notify the director at least 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 avorks.
(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 tlae 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 persons with disabilities around or through the work area.
(d) The applicant shall be responsible for notifying all property owners/lessees who
are affected by the construction at least 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 new curb-cuts for
persons with disabilities, accessible driveways or other improvements such that all
repair, restoration or replacement work comply 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.
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(j) Work must be completed within one year of the starting date shown on the permit
unless otherwise specif ed, 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 end 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 raid 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. Constructi®n permit, fees.
Upon submission of an application, construction permit processing fees shall be paid as
follows:
(1) For county street excavation, including sidewalk restoration, 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 a fee of $25 for each driveway approach.
(3) For all other work, construction, or installations within a county street 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.
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Division 2. Sidewalk Standards
Section 22-4.6. Maintenance off 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 are attributed to the owner's abuse o~ failure to
provide proper maintenance. 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 in accordance with the 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 withoDat 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.
Secti®n 22-4.9. Standards ffor 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.
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(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 wlxich 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-f ve feet of
the intersection of property lines or their extensions. However, if the
property corner ~.t the county street intersection is defined by a curve
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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.
(f1 Spacing between driveway approaches.
(1) 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, cross~jalks, 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 proposed 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 resulting from the work
and restoring all improvements to a state equal to or better than its original
condition.
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(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 designed by an engineer and shall be subject to the
approval of the director.
Section 22-4;10. 1Vlaintenanee of driveway appr®aclies.
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 approved by the
director.
Article 5. Addresses
I3ivisi®n 1. Street I~ianaes
Section 22-5,1. I'®sting street names sat intersecti®ns.
The director shall post the official county names where two or more county streets
intersect.
Seed®n 22-5.2. Adoption of street names.
The authority to name and to approve the change of names for all streets including private
and state owned streets, within the county, shall be the responsibility of the planning director to
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be exercised in accordance with administrative rules and regulations established by the planning
department. The planning director may devise a method of adding numbers or letters to street
names to show their orderly progression and/or direction. The number or letter will be in
addition to trxe street name.
Section 22-5.3. Street name repository.
The planning department shall serve as a repository for all official street names.
Division 2. Reserved.
Article 6, Speed I~aa$nps
Section 22-6.1. Pomvers 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 and in accordance
with the administrative rules and regulations governing speed humps on county
streets.
Section 22-5.2. Requests for approval.
All requests for speed humps must provide:
(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.
Bastion 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 Resign and
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Application of Speed Humps," Institute of Transportation Engineers, May 1993, or as
subsequently revised.
Article Variances
Secti®n 22-7.1. Variances; applicatioat.
(a) In unique cases where strict enforcement of this chapter would result in
unnecessary hardship or practical difficulty, and where desirable relief maybe
granted without detriment to the public interest, convenience or welfare, 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 owner's 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 applicant's 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.
(7) Evidence that desired relief may be granted without detrimentally
affecting the public interest.
Sectioa~ 22-7.2. Variances; criteria for graa~ting.
Only in situations where all of the following conditions exist may a variance be granted
by the director:
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(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 not violate 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 ~.pplication 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, Penalties, 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 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 maybe 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.
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(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 person's 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 exceeding $1,000 in the manner, at the place and before
the date specified in the order.
(5) Pay a civil fine not exceeding $1,000 per day for each day in which the
violation persists, in the manner and at the time and place specif ed in th;
order.
(d) The order shall become final thirty calendar days after the person's receipt of the
order, unless the director's decision is appealed to the county board of ~.ppeals
within the thirty-day period.
(e) The provisions of the order issued by the director under this section shall become
final thirty days ai~cr the receipt of the order, unless the director's actio~°f is
appealed to tree county board of appeals as provided in this section.
(f) 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
director's order pending the final decision of the board.
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.
(g) 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.
Section 22-g.3. CriYninal pr®secution.
(a) This section shall not apply to violations of Article 3 of this Chapter.
(b) 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 punished by a fine
not exceeding $1,000.
(c) 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.
(d) 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 1Zevised Statutes.
(e) 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 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.
(fj 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 viclator to
answer at a place and at a time provided in the summons or citation.
(g) There shall be provided for use by authorized personnel a form of sum9nons 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
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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 forrn of other
summonses or citations used in modern methods of arrest, so designed to include
all necessary inforrnation to make the same valid under the laws and regulations
of the State of Hawaii and the County of Hawaii.
(h) 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 tb~e violator of a carbon copy of the citation and provide for
the disposition of the original and any other copies.
(i) Every citation shall be consecutively numbered and each carbon copy shall bear
the number of its respective original.
Section 22-5.4. taajunctive 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 remWdy any
violation.
Section 22-$.5. lE;mergency powers; 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.
(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-g.6. Corrective worl± by tl~e coaanty; 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, anaterials, goods, wares or merchandise found within a
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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 violater. 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 rr~eans available to recover its expenses and costs of clearing by
any action allowed in law or equity.
(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 responsable for the
safe keeping or proper storage of these items. At the end of the calenda°~ year all
items shall be appropriately disposed or discarded no matter when they were
removed during the cal`ndar year.
Section 22-g.7. Lia~.aited liability ®f autla®rized 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 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 1-tawai`i until final termination of such proceedings, and any
judgment resulting therefrom shall be assumed by the county.
Section 22-g.8. Ite~nedies ctarnuiative.
The y:emedies provided in this article shall be cumulative and not exclusive.
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Article 4. Lcgal Compliance anti Iaule Making
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 1-lawai`i County Code to which a permittee may also be sub}ect.
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 ar~y 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.
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.
INTRODUCED ~Y:
ns~-~ ~ t ,~4.
O CILM ID , COU TY OE AIfrI
Milo, Davaai`i
Date of Intrssdnction:
Date of 1st Leading:
Date of 2nd leading:
Effective Date:
-r_ ~-<:::~.i.-~. _ 580
l~~~ K:~:~.~
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