HomeMy WebLinkAboutCOM 0227.000 1996-1998 4o~Ntr or N~~''
Bi 71s1sY"JEAN LEITHEAD-TODD - ~ ~~d~%~. _ _ Phone: (808) 961-8261
C ouncilmerr~brr - ' FAX: ($OS) 969-3291
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COUNTY COUNC~~;;,', ;dJr'~II
Cmtnty o(Hawaii
Hawaii County Buildint
25 Aupuni Street
Hiln, Haeuaii 96720
March 25, 1997
To: James Y. Arakaki, Chair
and Members of the Hawaii County Council
From: Bobby Jean Leithead-Todd, Chair ~j~
Committee on Planning
Subject: Subdivision Code Revision - Master Draft (03/06/97)
At the Council's Committee on Planning Workshop held on
February 18, 1997, it was requested that Mr. Royden Yamasato of
the Planning Department provide a summary incorporating both
drafts, the Subdivision Draft dated July 31, 1995 and the
Summary of Comments of the Planning Commission dated April 8,
1996, into one master draft for easier comparison analysis.
Attached please find the requested County of Hawaii's
Subdivision Code Revision, Master Draft, dated March 6, 1997,
which was circulated at the March 6, 1997 workshop.
Att.
~s~ rte. __.~L~-~.s~.fA.'1~.
1€r~f. 'I v:
Asf. J?nte_ ~ 0 1. 1991 .
SUBDIVISION CODE REVISION
County of Hawaii
Master Draft
Combines Draf[ dated 7/31/95 with the Planning Commission Comments dated 4/8/96
Contains:
• Drnft Subdii~ision Code, redlined to existing code with commentary
• lnder
• Disposition Table crass-referencing existing code sections to proposed code
Mazch 6, 1997
Article 1. General Provisions . . . 1
Section 23-I-I. Title I
Section 23-I-2. Purpose and intent I
Section 23-I-3. Severabilitv I
Section 23-I-4. Adoption of rules ~
Section 23-I-5. Definitions 2
Article 2. Administration and Enforcement 9
Division I. General Administration 9
Section 23-2-I . Review and acceptance of applications; computation of time....... 9
Section 33-2-2. Conditions 10
Section 23-2-3. Filing fees 10
Division Exceptions lI
Section 23-3-4. Public utility, public facility, or public rights-of-way subdivisions... I I
Section 23-2-5. Cemeteries and crematories; exemption 12
Section 23-2-6. Planned developments . 12
Section 23-2-7. Consolidation or resubdivision 12
Section 23-2-8. Subdivision not involving streets, drains, or utilities 13
Section 23-2-9. Pre-existing subdivisions 13
Section 23-2-10. Plantation community subdivision 14
Section 23-2-I1. Farm subdivisions 16
Division 3. Appeals 19
Section 23-2-12. Persons who may appeal; procedure 19
Section 23-2-13. Performance of subdivision approval conditions pending appeal. 20
Section 23-2-14. Standard of review ZO
Division 4. Variances 20
Section 23-2-I5. Variancespermi[ted 20
Section 23-2-16. Grounds for variances 21
Section 23-2-17. Applications for variances 31
Section 23-2-18. Notice of action on variance application 22
Section 23-2-19. Actions on variances
Section 23-2-20. Review of director's action (by non-applicant) 23
Section 23-2-21. Appeal of director's action (by applicant) 25
Section 23-"'-22. Further appeal rights 26
Division 5. Prohibitions, Penalties, Enforcement 27
Section 23-2-23. No subdivision without final subdivision approval 27
Section 23-2-24. No recordation without final subdivision approval . 27
Section 23-2-25. No issuance of building permit, utility installation permits, or acceptance of
i Subdivision Code
Master Draft 3/6/97
street dedications without final subdivision approval. 27
Section 23-2-26. do conveyance of land prior to final subdivision approval...... _ . 28
Section 23-2-27. Criminal prosecution 29
Section 23-2-28. Authorized personnel; rieht of entry; limited linbility_......... 30
Section 23-2-29. Injunctive action 31
Section 23-2-30. Administrate ° enforcement 31
Section 23-2-31. Remedies cumulative 33
Article 3. Application and Approval Procedure 33
Diviston (.Preliminary Subdivision Approval 33
Section 23-3-I. Pre-application meeting 33
Section 33-3-2. Application im~olving both land court and regular system lands. 34
Section 23-3-3. Submittal requirements 34
Section 23-3-4. Review -10
Section 23-3-~. .Action 40
Section 23-3-6. Effective period of preliminary subdivision approval 42
Section 33-3-7. Phased Development 43
Division 2. Construction Plans 43
Section 23-3-8. Submittal requirements 44
Section 23-3-9. Review 44
Section 23-3-10. Action 4~
Section 23-3-1 L Time limitation 4~
Division 3. Final Subdivision Approval 46
Section 23-3-12. Alternative procedures for final subdivision approval 46
Section 33-3-13. Time limitation 46
Section 23-3-14. Construction of improvements-- inspection and certification........ 46
Section 23-3-I5. Agreement to complete construction 48
Section 23-3-16. Submittal requirements i0
Section 23-3-17. Review 53
Section 23-3-18. Action 54
Section 23-3-19. Release of surety after . ~mpletion of improvements . 5~
Division 4. Recordation, Changes, and Approvals after Final Subdivision Approval 5~
Section 23-3-20. Recordation of final plot
Section 23-3-21. Change after approval 55
Section 23.3.22. Vacation of plats 55
Section 23-3-23. Dedication procedures 56
Article 4. Design and Improvement Standards 58
Division LGeneralrequirements 58
Subdivision Code ii
Master Draft 3/6/97
Section 33-4-1. Compliance with State and County applicable rules and regulations required.
58
Section'_3-4-2. Special building setback lines 59
Section 23-4-3. Monuments ~9
Section 23-4-4. Right-of-way improvement `;9
Division 2. Blocks 6(1
Section 23-4-5. Block general design 60
Section 23-4-6. Block sizes 60
Section 23-4-7. Long blocks: easements.Pedestrian ways 60
Section 23-4-8. Large lot subdivision 61
Division 3. Lots 61
Section 23-4-9. Lo[ size, shape, and setback line 61
Section 23-4-10. Minimum lot sizes 61
Seaton 23-4-I I. Lot side lines 62
Section 23-4-12. Access to lots: Through lots 62
Section 23-4-13. Flag lots 64
Division 4. Streets and Pedestrian Ways 64
Section 23-4-14. Street classification 65
Section 23-4-15. Street layout in conformance with general plan, zoning, and topography 67
Section 23-4-16. Widening of existing streets within or adjacent to subdivision...... 68
Section 23-4-17. Improvement of offsite access streef 68
Section 23-4-18. Requirements for dedicable streefs 69
Section 23-4-19. Future street extension; stubout; reserve strips; street plugs. 70
Section 23-4-20. Culdesacs 72
Section '_3-4-21. Halfstreefs 72
Section 23-4-32. Right of way width, pavement width, sidewalk and curb requirements. 73
Section 23-4-23. Pavementdesign 78
Section Z3-4-24. Grades and curves 78
Section 23-4-25. Intersections 79
Section 23-4-26. Private Streets 81
Section 23-4-27. Streef [reel 86
Section 23-4-28. Pedestrian and bike ways 87
Section 23-4-29. Streetlights 88
Section 33-4-30. Street names and traffic signs 89
Division 5. Utilities 90
Section 23-431. Utilities location within streets and Stale highways 90
Section 23-4-32. Easements for utilities; size; conveyance 91
Division 6. Water 92
Section 23-4-33. Public water system available 92
Section '_3-4-34. Public water system not adequate or not available 92
iii Subdivision Code
Master Draft 3/6/97
Division 7. Wastewater 93
Section 23-~-35. Sewer system available..... . 93
Section 23-d-36. No sewer system available 91
Division 8. Drainage 9-1
Section 2 i-4-37. General 9~
Section 33-d38. Accommodation of upstream drainage areas . 95
Section 23-4-39. Special flood hazard areas 95
Section 23-~-40. Drainage improvements and easements 96
Division 9. Other Public Areas 97
Section 23-d--31. Dedication for parks, playgrounds, and public access........... 97
Section '3-a-42. Reservation for parks, playgrounds, and public building sites....... 97
Subtlivision Code iv
Master Dratt 3/6/97
CHAPTER 23
SUBDIVISIONS.
Article 1. General Provisions
Section 23.1-I. Title. Tkis-The provisions of this chapter, inclusive of anv amendments shall be
known and may be cited as the Subdivision Mode. (1975 C.C.,c.9, art. 1, sec. l.)
Commentary. Presently 23•l. Minor language change for purposes of clarity and
simplifying reference to the code.
Section 23-I-2. Purpose and intent. The ~rpose and intent of this chapter is [o promote the
general health safety and welfare of [he people including without limitation the following:
~ To guide the future erowth and orderly development of the Countv in accordance with the
General Plan and Zonine Code:
To ensure adequate and efficient transQortation water sewerage drainage and other
community requirements and facilities;
j~ To Qrovide for the safety of cedestrians and vehicles. and [o accommodate emereencv
vehicles: and
To ensure prooer leeal descriQtion and monumentine of subdivided land.
Commentary. New provision. A statement of purpose jaci[itntes administration and
interpretation. The purposes were based on Freillch and C&C Regulations.
Section 23-1-3. Severability. If any~ortion of this chapter or its application to anv person or
circumstance shall be held unconstitutional or invalid the remainder of the chapter and the
apvlication of such portion to other persons or circumstances shall not be affected.~eF
e
Commentary. Presently 23-2. The present section mixes authority and intent. Intent has
been expanded in the proposed §23-1-2. This section on severability is taken from the
I Subtlivision Code
Master Draft 3/6/97
§23-I-4
Zoning Code. !f any section of this chapter is invalid for lack of authority' or any other
reason, the provisions of this section would apply. NRS 62-34(7) has been repealed. HRS
Chapter 46, which is the enabling statute for most of the counties' toning and subdivision
powers, does not provide clear authority for subdivision cattrol. Nevertheless, the
authority could stem from home rule.
Section 23-1-4. Adoption of rules. The director. chief engineer. and/or other appropriate agency
may adopt rules in accordance with HRS chapter 91, for the purpose of implementing the
visions of this char. The rules shall include. without limitation. construction and design
standards and specifications for streets, sidewalks. curbs and Butters. drainage and other
im rovements re~c wired in this chapter The specifications shall strive to balance en~ineerin~
factors relating to Qublic health and safety. conswction costs. and maintenance costs. with other
factors such as housing affordability. environmental factors. and aesthetic considerations
Commentary. New provision. Provides clear authority for the director, chief engineer,
and/or other appropriate agency (e.g., Water Commission) to adopt rules in accordance
with the State Administrative Procedures Act. The County Charter.i-4.3(d) authorises tl~e
Planning Commission to adopt rules. Since both the planning director and the Planning
Commission have authority to promulgates rules, the more appropriate agency should be
where the decisionmaking power rests. For the subdivision code, rite planning director is
the decisionrnaker; the Planning Commission's involvement is limited to hearing variance
appeals,
Section 23-1-5. Definitions. Whenever used in this chapter, the following words and phrases.
unless the context otherwise requires, shall be defined as indicated:
Commentary. Presently 2j-3.
(a) "Alley„ means a .r,.,..oti r.i,.,.~ ~ _a , t„_ ~ ~ 3„~re~,,:~o ,.r.:,.i....
private right-of-way-primarily designed to serve as secondary access to the back or side of
properties whose principal frontage is €rer~iflg-on another street.
Commentary. Alleys can be used in nonresidential subdivisions jor service vehicle access
or in residential subdivisions to access garages located in the rear. Because alleys are not
intended for general traffic circulation, alleys shall always be nondedicable private streets
wherever permitted. Defrnition based on Freilich.
(b) "Arterial" see Street Primary Arterial and Street, Secondary Arterial~,~a-~~
Subdivision Code Z
Master Drafl 3/6/97
§23-l-5
e
(c) "Avera_e daily traffic" for AD'I1 means the average weekday number of vehicles per day
that pass over a eiven point.
Commentary. Definition is from Listokin (p. 4), with the added qualification from HUD (p.
l l) that the measurement refers to weekday trn~c.
(d) "Block" means an area bounded by streets and/or other defined eeo^raohical features such
as rivers or shorelines.
Commentary. Based on Nakamura.
(e) "Building line" means a line on a plat indicating the limit beyond which buildings or
structures may not be erected.
(f) "Bureau of Conveyances" means a division in the department of land and natural
resources, State of Hawaii, where e
legal documents of any kind entitled to recordation may be filed.
Commentary. This chapter requires other documents besides subdivision plats to be
recorded in the Bureau of Conveyances. The wording of the suggested change in from
Nakamurn.
(g) "Chief Engineer" means the chief engineer of the department of public works of the
County.
Commentary. No reference is made anywhere to the Ciry of Hi[o.
(h) "Commission" means the Planning Commission of the County.
(i) "Consolidation" means the combining of two or more lots into one lo[.
(j) "County General Plan" means [he plan adopted by the County for the guidance of growth
and improvement of [he County, including modifications or refinements which may be
3 Subdivision Code
Master Draft 3/6/97
§23-1-5
made from time [o time.
(k) "Cul-de-sac" a °n.,~a c..,+ c._~o.~~ means a dead end street with
Ira€€Fa turnaround.
(q "Dead end street" means a street with onl,Yone outlet. with or without a vehicular
turnaround and includes a cul-de-sac or a stubout.
(m) "Director" means the planning director of the County.
(n) "Director of Transportation" means the director of the State Department of Transportation.
(o) "District Engineer" means the district engineer of the division of highways of the State
Department of Transportation for the County.
(p) "Easement" means a Brant of the right [o use a sEr+¢desi~nated portion of land for specific
purposes.
(q) "Engineer" means a person duly registered as a licensed professional civil engineer in the
State.
(r) "Fire chief' means the fire chief of the fire department of the County.
(s) "Lot" means a parcel of land intended as a unit for transfer of ownership or for
development.
(Q "Lot Flamm" means a building site consisting of an access drive and a body in such a manner
that the bodv would be landlocked from a public street orprivate wav except for connection
¢y the access drive.
Commentary. Similar definition in the proposed zoning code revision.
.
Commentary. Deleted because ojits obscure meaning and uncertain npplicabi/ity.
(u) "Lot, Reversed frontage" means a through lot which is not accessible from one of the
_o
parallel or nearlyparallel streets upon which it fronts.'• °•°a'-°^
Subdivision Code 4
Master Draft 3/6/97
§23-IS
o
ra:+fler-street.
Commentary. Revised definition taken from Moskow{tz. A reverse frontage lot does not
have to be restricted to a lot situated only between arterials and minor streets.
(v) "Lot, Through" means a lot having a frontage on two parallel or approximately parallel
streets other than alleys and access being derived from either of the two streets.
(w) "Manager' means the manager of the department of water supply of the County.
o
e
Commentary. A parkway is considered a primary arterial and does nor require a
distinction, especially since a parkway is usually a State highway.
(x) "Pavement Width" (or "traveled way"1 means the width of that portion of the street, paved
or otherwise available for vehicular traffic. but not including shoulder areas (regardless of
whether yaved or unpaved) Where curbs are laid, the pavement width is measured by the
distance between the face of the curbs for drpp curbs or the inner line Gutter) of the curbs
for roll-type curbs measured at right an_les to the centerline.
Commentary. Wording based on Nakamura. Although shoulders may 6e paved,
"pavement width" excludes the shoulders. The term includes the moving !ones as well as
any areas intended for on-street parking.
(y) "Pedestrian Way" means a public right-af-way through a block between lots for pedestrian
traffic, which may also be used as a utility easement.
(z) "Person" means an individual or ¢roup~f individuals, f+trtt,-partnership, joint venture.
corporation, `-unincoroorated association, syndicate, governmental or quasi-
governmental entity, or any legal entity, including any trustee receiver, assignee, or other
similar representative thereof.
Commentary. The proposed revisions clarify the legal status-- for example, a "firm"could
be a partnership, corporation, or individual. Also included governmental or quasi-
5 Subdivision Code
Master Draft 3/6/97
§23- I -5
governmental entities since these entities could also be applicants for subdivision
approval. Based on Freilich 2d.
(aa) "Plat" means the map or drawing on which the subdivider's plan of subdivision is presented
and which he submits for approval.
(ab) "Reserve strip" means a nonaccess reservation, placed under public control with conditions
approved by [he director, along rear property lines of reverse frontage lots.
"D..,..._r L.J:. 'd...." 1.....1 6:..6. / n 1 :,....:r6:" _,....w ~.o.. .....J,~..:......,,.A rl.e
D
O
Seett9.~=~3(~\/„ I n \ /D \ ,.r .t,:. "L .."a ...ti"_o ,...I., :..,..o..."a ~...o..
- e o
l.I""a a" 7 \/'171\/n\,../B\
t#~e,>o ,~~ssfibe~ia Sestien _3r3(a~r
Commentary. Presently, resort subdivisions have distinct requirements jot privnte roads
and sidewalks. These requirements were incorporated and applied to aU private roads;
therefore a separate distinction for resort subdivisions is no longer necessnry.
(ac) "Right-of-way" means the area between property boundary lines for use as a street or as a
drainage or utility easement.
(ad) "Roadway" means the portion of a street right-of-way developed for vehicular traffic,
including anv shoulders.
Commentary. For streets with curbs, "roadway" refers to the same aren as the "pavement
width
(ae) "Sanitary Engineer" means the sanitary engineer of the State department of health-
€ef-FHe-Eet+rrty.
Commentary. The deleted language caused confusion (DPW comment).
(af) "Sidewalk" means a surfaced walkway for pedestrian traffic.
(ag) "Street" means a right-of-way or easement
for vehicular and pedestrian traffic, and the
placement of utilities, and includes a road, boulevard, highway, baad-place, avenue, lane,
Subdivision Code 6
Master Draft 3/6/97
§23-I-5
court, eFalley, or however otherwise designated.
Commentary. The existing definition restricts "streets ° to public streets, yet the subdivision
code permits private streets.
(ah) "Street, Collector" means a street supplementary to the arterial street system which is a
means of intercommunication between this system and smaller areas, and which may be
used to some extent for through traffic and to some extent for access to abutting properties.
(ai) "Street, ~staessCommercial or Industrial" means a street providing primary access to lots
within anv commercial ;-or industrial letszonine district.
Commentary. The revision clarifies the requirement far this type of street as it relates to
Zoning. Wording based on Nakamura.
(aj) "Street, Half' means a portion of the width of a street, usually along the edge of a
subdivision, where the remaining portion of the street is to be provided in another
subdivision.
(ak) "Street Local" means a street whose sole function is to provide access to abutting
properties and designed to cam the least amount of traffic at the lowest Sneed.
Commentary. New class of road. The General Plan standards (p. 1.3) should be updated
to include this class. The definition is based primarily on Listokin (p. 45).
(al) "Street, Marginal access" or "service road" means a minor street, parallel and adjacent to
an arterial, providing access to abutting properties, but protected from through traffic.
(am) "Street, Minor" means a street '°'°°a°a ~ • `"'whose principal function is to
rop vide access to abutting property but is also designed to cam traffic from adjoining local
streets to collector or arterial streets it is designed to carry higher traffic volumes than
local streets but is intended to serve motorists havine origin or destination within the
immediate neighborhood it is not intended to interconnect adioinin~ neiehborhoods or
s F,divisions and should not carry regional through traffic.
Commentary. Additional description of
function is from Listokin (p. 45).
(an) "Street Primary Arterial" means a street intended to move traffic to and from major traffic
7 Subdivision Code
Master Draft 3/6/97
§23-I-5
generators and between or through IarRe areas or communities.
Commentary. The existing definition for "arterial"does not distinguish benreen priman'
and secondary arterials. The new definitions for "primary arterials'"and "second : ~
arterials"nre from Nakamura, which in turn is based on Freilich.
(ao) "Street, Private" means a street providing primary access to land, retained in private
ownership.
(ap) "Street Secondary Arterial" means a street intended to collect and distribute traffic in a
m'tnner similar to primary arterials but to and from lesser traffic generators. and to carry
traffic from collector streets to primary arterials.
(aq) "Street plug" means a reservation for street purposes, placed under public control under
conditions approved by the director, for the extension of streets from a subdivision into
adjacent lands that may be subdivided in the future.
(ar) "Stubou[" means that portion of a street measured from the nearest intersection, improved
in accordance with the requirements of this chaQter ending at the boundary of the tact and
resulting in a temporary deadend until such time that this street is extended from the tract
into adjacent landc that may be subdivided in the future.
Commentary. The definition is based on Listokin (p. 8). The snihotu is a juuve street
extension thnt is constructed by the subdivider, whereas a street plug is a reserved
(unconstructed) funtre street extension.
(as) "Subdivision" or "Subdivided land" means improved or unimproved land or lands divided
into two or more lots, parcels, sites, or other divisions of land for the purpose aF, whether
immediate or future, of sale, lease, rental, transfer of title to or interest in any or all such
parcels, includes re-subdivision, and when appropriate to the context, relates to the process
of subdividing of the land or territory subdivided. Easements for the purpose of road and
utilities shall not be construed as subdivided land.
Commentary. This definition does not include die crention of easements (e. g.. C&C, Maui)
nor does it include condominiums/cooperatives (e.g., Freilich 2d). Nakamura proposer!
including easements for nccess purposes only within the definition of subdivision.
Subdivision Code 8
Master Draft 3/6/97
§23-2-I
(at) "Subdivider" means a person or any combination of persons who cause land to be divided
into a subdivision.
(au) "Surveyor" means a person duly registered as a li ns professional land surveyor in the
State.
(av) "Tract" means the property which is the subject of the subdivision application
Commentary. Based on Moskowitz with modifications.
Article 2. Administration and Enforcement.
Division 1. General Administration
Section 23-2-1. Review and acceptance of applications; computation of time.
(a) Complete Application.
jll Each submittal in the subdivision~roval process (preliminary subdivision
~proval construction ins approval final subdivision approval) shall be
reviewed by the director for completeness within 10 days from [he date that the
cubmittal was filed bathe subdivider.
During the 10 day period the director shall either determine that the cubmittal is
complete and accept the cubmittal ac of the date that the submittal was filed by the
applicant or shall determine that the submittal is defective.
(3) If the director determines that the submittal is defective. the submittal shall be
returned [o the subdivider together with a deficiency notice which lists of the
information missing_from the submittal.
(4) Anv submittal that is reLcted as defective may be refiled tocether with a copy of
the deficiencynotice and the required additional information The resubmitted
submittal shall be accgpted as complete as of the date of resubmission. provided
that all required additional information has been submitted
9 Subdivision Code
Master Dratt 3/6/97
ys?3_2_?
(5) If the director fails to act uRon anv submittal within the 10 day period the
~lication shall be deemed complete and shall be considered accepted as of the
date that the submittal was filed.
Commentary. The revision incorporates the language ojthe zoning code revision to be
consistent with the zoning code procedures. The purpose is to have applications reviewed
within a specific time period and hnve as much of the required information specified up
front. Checklists would espedite the review. The director does not have the discretion to
require additional information not specified in the chapter. To be consistent with the
proposed inning code revision, the time period to review for completeness is !0 dnys. The
zoning code revision also requires publication ojaccepted 'Zoning applications on n hi-
month[y basis in the newspaper-- this proposal was not incorporated into this subdivision
code revision.
(b) Computation of Time Unless otherwise specificallyprovided the time within which an
act is to be done shall mean calendar days computed by excluding the first day and
including the last unless the last day is a Saturday, Sunday, or holiday. in which case it is
also excluded.
Commentary. Computing in terms of calendar dnys is simpler jot the stuff and applicant
since weekends and holidays do oat hnve to be considered, except jot the lost day which
sirou[d jail on n business day. This section conforms wills the rules ojconsrruction stored
in HCC /-2(n)(S), except that Snturdny is added ns excluded from the last day.
Section 23-2-2. Conditions. The subdivider has the duty of compliance with reasonable
conditions required by the director for desien dedication. and improvement of the land co as to
conform to the ~hvsical and economical development of the County and to the safety and general
welfare of the future occupants in the subdivision and of the community at Iarce.
Commentary. New provision. Clarifies the director's nutltority to impose conditions.
Based on Freilich 1.I
Section 23-2-3. Filing fees. Reasonable fees sufficient to cover the costs of administration may be
charged as follows:
Commentary. Presently 23-60 with subheadings added and fee increased.
(a) Filing Fee. Each application for a subdivision is subject to the payment of the following
fee: $+31(>n plus $3J~ per lot noted on the initial preliminary plat or cluster plan
Subdivision Code I0
Master Draft 3/6/97
§23-?-S
development and for each additional lot resulting from any subsequent amendment of the
initial preliminary plat exclusive of any lots set aside for roadway or easement purposes or
lands dedicated for public use.
Commentary. C&C charges $50 plus $10/lot (R.O. 22-1.
(b) Exceptions.
(l) The filing fees shall not apply to applications for subdivision ~r consolidation of
land submitted by any agency of the State of Hawaii or of the County.
(2) The filing fees shall not apply to subdivision of land into burial ~aets-
within the confines ofduly-established cemetery areas; provided that a processing
fee will be filed as follows: $100 per acre and proportionate fee for fraction of acre
thereof.
(c) Payment. The payment of the filing fee shall be made at the planning department s office
and payable to the director of finance upon [he filing of an application for subdivision or
consolidation.
(d) No Refund. No portion of the fee is refundable for applications granted teaaaFtve-
preliminary subdivision approval. A portion of fee equivalent to ten percent of [he fee or
$35Q, whichever is greater, shall be retained for applications which have been withdrawn
^o,~~before granted :~Tprelimin~ subdivision approval (1975 C.C., c.9, art.
2, sec. 3.05; AM. 1974, Ord. No. 66, sec. 3.)
Division 2. Exceptions
Commentary. Several provisions in the present code were consolidnred in this section
relating to actions that are exempt from improvements required in this chapter.
Section 23-2-4. Public utility, public facility, or public rights-of-way subdivisions. The
requirements, including lot sizes, and standards of this chapter shall not be applicable to public
utility, public facility, or public rights-of-way subdivisions and their remnant parcels; provided that
the director upon conferring with the chief engineer and manager of the department of water supply
1 1 Subdivision Code
Master Draft 3/6/97
§23-2-5
may require necessary improvements to further the public welfare and safety. A subdivision
application must be filed. If no improvements are required, the application may be submitted for
final subdivision approval.
Commentary. Presently 23-!!, with clarification that nn application must still be
submitted. A comparable provision is included in the Zoning code to address exemptions
for lot size, setbneks, etc. Certain necessary public facilities may require exemptions for
lots sizes or improvements in order to be constntcted on the available parcel.
Section 23-2-5. Cemeteries and crcmatories}t~:en~iesr. The requirements and standards of
subdivisions in this chapter shall not apply to cemeteries and crematorium; provided that the use of
land for cemeteries or crematoriums shall comply with zoning requirements and ordinances
pertaining to the establishment of cemeteries in the County. A subdivision application must be
filed If no im~ovements are required, the application may be submitted for final subdivision
aooroval. (1975 C.C., c.9, art. 2, sec. 4.1 I.)
Commentary. Presently 23-27, with clarification that the npplication still needs to be
processed.
Section 23-2-6. Planned developments. The director may make exceptions to this chapter for
planned unit developments clucterplan developments or ~iect districts approved under the
zoning code where a plan and program for a complete community gr neighborhood unit,
-'~,Q,--;-
a a a a
provides adequate public spaces and improvements for [he circulation, recreation, light, air, and
service needs of the tract when fully developed and populated and covenants or other legal
provisions are provided to assure conformity to and achievement of the plan.
Commentary. Presently 23-l3. The reference to shopping centers, industrial areas, nncl
other examples was too ambiguous. The revision limits the applicability of this section
speciftcal[y to PUDs, cluster developments, and the proposed Project District approvals
under the zoning code that are intended to accommodate planned developments. Similar
provisions in Freilich 2.1(31 for coordination of
flexible zoning npplication with
subdivision approval.
Section 23-2-7. Consolidation ar resubdivision. The consolidation of lots, whether or not
accompanied by recubdivision resulting in the creation of the came or fewer number of lots than
Subdivision Code 12
Master Draft 3/6/97
§23-2-8
that which existed Rrior to the consolidation/resubdivision action, shall not be subject to the
r~uirements and standards of this chapter provided, however. that for resubdivisions, the director.
upon conferrine with the chief engineer and manager may require improvements for draina e. or
for roadways to ensure that each lot has minimum access and compliance with street standards if
anew street is being created or other requirements necessary to further the public health. welfare
and safety If no improvements are required. the application may be submitted for final subdivision
approval.
a
• o
m
Commentary. Presently 23-7. The current language gave too much discretion whether to
require improvements to meet the subdivision code standards. Since a consolidation and
resubdivision resulting in the same or fewer number ojlots does not change the existing
conditions, the proposed modification narrows the discretion to ensure that the
consolidation resubdivision will at least have access to each lot, provide for drainage, and
will nat aggravate any existing problems. The revision clarifies that the director's
discretion to require improvements is limited 1o resubdivisions; for consolidations, no
improvements are necessary.
Section 23-2-8. Subdivision not involving streets, drains, or utilities. T+'°
/ I ~ TL, 1' I II n£ rtie - .......r F.,..1 i L,n
~T7 r ~ r ~ +
TTtPif a subdivision involves no streets, drains, or utilities the subdivider may submit a
final plat m~ and apply for final subdivision approval.
Commentary. Presently 23-7/.
Section 23-2-9. Pre-existing subdivisions. The director shall certify a subdivision ac pre-
existins prior to 1947 'which is the effective date of the original subdivision code of the County in
accordance with rules adopted oursuanttothischapter The requirements including lot sizes and
13 Subdivision Code
Master Draft 3/6/97
§23-2-10
standards of this chapter shall not be applicable to ~e-existino subdivisions: wided that [he
director urn conferrine with the chief encineer and manacer of the department of water s~oly
m~y require necessary improvements to further[he~ublic health welfare and safety A subdivision
application must be filed If no improvements are required. the application may be submitted for
final subdivision approval.
Commentary. Pre-existing subdivisions are currently reviewed and approved without
forma! procedures.
Section 23-2-10. Plantation community subdivision. A plantation community subdivision is a
subdivision established on lands formerly owned by sugar plantations and which had been
developed into housing and community buildings for employees of the plantation. (1994, Ord. No.
94-I 17, sec. 2.)
(a) Criteria. A plantation community subdivision may be established in former sugar
plantation communities if all of the following conditions exist:
(I) A sugar plantation has provided housing for its workers which developed into a
plantation community.
(2) The plantation community has existed for at least fifty years.
(3) The sugar plantation is no longer in operation.
(4) The fee title of each proposed lot within the plantation community on which the
housing and improvements exist is to be conveyed in fee simple to the former
employees of the sugar plantation. (1994, Ord. No. 94- 117, sec. 2.)
(b) Designation as a plantation community. The planning director shall review and investigate
any application for a plantation community subdivision to determine if the plantation
community involved meets the criteria established herein, except however, due to public
safety and health considerations, the established plantation community with the approval
of the council by resolution, may be relocated to another area within the region. (1994, Ord.
No. 94-I 17, sec. 2.)
Subdivision Code 14
Master Dratt 3/6/97
§23-2-10
(c) Notice. Upon receipt of an application for a plantation community subdivision, the director
shall fix a date for approval or disapproval of the plantation community subdivision and
notify the applicant. The applicant shall serve notice of the application upon owners of
interests in properties within three hundred fee[ of the perimeter boundary of [he applicant's
property. The notice shall state:
(1) The name of the applicant.
(2) The nature of the request.
(3) The location of the subject property or properties.
(4) The date by which public comments and comments from the affected agencies
must be submitted to the planning director. (1994, Ord. No. 94- 117, sec. 2.)
(d) Appeals. The applicant or other interested parties may appeal the director's determination
on the designation to the board of appeals in accordance with its rules. (1994, Ord. No. 94-
117, sec. 2.)
(e) Infrastructure. Notwithstanding any other provisions herein, the requirements of this
chapter to provide infrastructure improvements shall not apply to a subdivider of a
plantation community subdivision, provided that the planning director in consultation with
the chief engineer and the manager of the department of water supply may require the
improvements necessary to further [he public health and safety.
(f) No ohana dwellings. All of the proposed lots within a plantation community subdivision
shall prohibit the construction of an ohana dwelling or second dwelling unit, or any
structure that will further any increase in density of the plantation community subdivision.
This prohibition shall be recorded in the deeds of all the proposed lots with the bureau of
conveyances and shall be submitted to the planning department for review and approval
prior to final subdivision approval. A copy of [he approved covenant shall be recited in an
instrument executed by the applicant and the county and recorded with the bureau of
l5 Subdivision Code
Master Draft 3/6/97
§23-Z-11
conveyances likewise prior to final subdivision approval (1994, Ord. No. 94-I 17, sec. 2.)
(g) Lots. The size and configuration of the lots and setback requirements in a plantation
community subdivision are exempt from the provisions of [his chapter and chapter 2~ of
the Hawaii County Code. (1994, Ord. No. 94-I 17, sec. 2.)
(h) Agriculture district.
(I) For lands within [he State land use agriculture district, lo[ sizes of less than one acre
may be allowed, provided that:
i. The planning director designates the subject area as a plantation
community subdivision; and
ii. The area of the proposed subdivision is reclassified into the State land use
urban district.
(2) If the above procedure is not applicable or deemed inappropriate by the planning
director, then the subdivision may be considered under the procedures described in
section 46-15.1 and section 201-? 10, Hawaii Revised Statutes. (1994, Ord. No.
94-I 17, sec. 2.)
(i) Procedure. Except as provided in [his article, the subdivision process for the plantation
community subdivision shall be required pursuant to this chapter. (1994, Ord. No. 94- 117,
sec. 2.)
Commentary. Presently 23-/03 to -111.
Section 23-2-11. Farm subdivisions.
~ Purpose The ~uroose of thin section is to allow a person(sl owning property within an
agricultural zoned district by the Hawaii Coun_[v Code. to lease the ~rgperty for agricultural
purooses provided that structures for residential occuoancv or habitation shall he
prohibited This article is intended to encourage landowners to provide affordahle
aericultural lands which are leased at reduced infrastructunl standards warranted by the
Subdivision Code 16
Master Draft 3/6/97
§23-3-11
prohibition of residential or habitable structures.
1h2 Definitions.
'agriculture' means the care and production of livestock. livestock products. poultry
Qr poultryproducts aouaculture or~quaculture Qroducts apiarv horticultural
aeronomical or Floricultural products. or the plantine. cultivatine, and harvesting
of crops or trees. including tree farms Agricultural production may include but oat
be limited [o land rp_eparation for cropproduction in accordance with acceptable
agricultural practices.
'farm subdivision' means leasehold parcels within an agricultural zoned aistrict
having a minimum leasable area of five acres prohibiting anv strictures for
temporary seasonal or permanent residential occupancv or habitation.
~ Restrictions R~uirements and Standards for a Farm Subdivision The planning director
may approve farm subdivisions under the following conditions:
f~ The minimum leasable area within a farm subdivision shall be five (il acres,
irrespective of the minimum lot size of the applicable zonint+ ordinance.
Anv structures for temporary seasonal or permanent residential occupancv or
habitation shall be prohibited.
Farm subdivision provisions shall be applicable only to leasehold lands located
within an agricultural zoned district and shall be a lease term of no less than ten
(IO) vears and a maximum of thirty (301 vears The terms of the lease shall be
clearly defined in the lease agreement
f42 The owner of the parcel and lessees shall submit a soil conservationphn approved
by the United States Department of Natural Resources Conservation Service noon
filing for a farm subdivision.
j,5 The ownerof the parcel shall file a map drawn to scale. of the parcel indicating the
l7 Subdivision Code
Master Draft 3/6/97
§23-2-I1
land area under consideration for the farm subdivision and the number of I easable
areas and acres.
The leases within a farm subdivision shall be recorded by the bureau of
con~ances and a copy of [he recorded document shall be filed with the planning
director uRon its receipt from the bureau of conveyances. Each lease shall:
i. Restrict uses to a_riculture as defined in Section 25- f 160(a)l.
Chaffer 25 of the Hawaii County Code except that farm dwellings or
structures suitable for residential occupancy or habitation shall be
prohibited:
ii. Provide a roadway maintenance aereement for all roadways within the
farm subdivision: and
iii. Assure implementation of the soil conservation plan required in subsection
(d) of this section and compliance with the provisions of such plan.
including maintenance of conservation improvements specified therein.
Notwithatandin~ the orovisions of Chanter 2l the followine infnstrucutre
standards shall aooly~
i. Water A water wstem for a farm subdivision shall not be required.
ii. Roadway improvements Roadway improvements within a farm
subdivision which are less than those required under the County of Hawaii
Subdivision Code may be approved.
a. Adequate access from a eovernment road shall be provided to a
firm subdivision meeting the requirements of the department of
public works for the nurnose of access to a farm subdivision.
Roads within a farm subdivision shall be the property and the
gponsibilitysf the subdivider lot owner and/or lessees pursuant
Subdivision Code I8
Master Draft 3/6/97
§23-~-12
to an executed roadway maintenance agreement.
Nullification. In the event that conditions relative to the area in which a farm subdivision
is located change to such extent that a farm subdivision is no loner feasible or desirable
the lessor-owner may apply to the planning director to nullify the farm subdivision
provided that the consent of all lessees within the subdivision is secured. Upon the
approval of the nullification of the farm subdivision by the olannin_ director. the parcel
shall revert to its original status.
~ Procedure Except as provided in this section. the subdivision process for a farm
subdivision shall be complied with pursuant to this chapter.
Commentary. Adopted ns Ordinance No. 95-i36.
Division 3. Appeals
Commentary. This Division 3 regarding appeals was revised to conform to the proposed
Zoning code revision, which in turn was revised to conform to the proposed ordinance by
the Corporation Counsel's office regarding appeals. The Corporation Counsel's draft sets
forth the appeal board's procedures and authority to adopt rules in Hawaii County Cade
Chapter 2.
Section 23-2-12. Persons who may appeal; procedure.
(a) Any person aggrieved by the decision of the director or the commission in the
administration or application of this chapter, except for decisions regarding variance
applications, may, within thirty days after [he date of the director's or the commission's
written decision, appeal the decision to the board of appeals.
(b) Any person aggrieved by [he decision of the director or the commission regarding a
variance application may appeal such decision in accordance with the provision of sections
§23-2-20 through §23-2-21 of this chapter.
(c) An ap,~eal should be in writing in the form prescribed by the board of anneals. and shall
specify the person's interest in the subject matter of the appeal and the Grounds of the
aoceal Anv such anneal shall be accompanied by a filino fee of 5250.00.
19 Subdivision Code
Master Draft 3/6/97
§23-2-13
Section 23-2-13. Performance of subdivision approval conditions pending appeal.
W henever any appeal is filed after an approval has been issued and the approval contains conditions
requiring performance within specified time periods, the time for performance of any such
conditions shall not commence until after a final decision is rendered in the appeal.
Section 23-2-14. Standard of review. The board of appeals may affirm the decision of the
director or the commission, or it may reverse or modify the decision or remand [he decision with
~rooriate instructions 'r•~-R-R,~;~s
f~
f~
recar~er:
f~
„o a:..,...,.:
D a
Division 4. Variances
Commentary. The suggested changes in this division corsforrn with dte changes in the
zoning code revision.
Section 23-2.15. Variances permitted. Variances from the provisions of this chapter may be
granted;
a'~•-~^•; ^-a provided €aH#teFthat a variance shall not primarily effectuate relief from
applicable density limitations' and provided further that the subdivider has complied with the
requirements for a oreap~lication meeting in &~3-3-tor submitted an annlication for oreliminarv
subdivision approval.
Commentary. All references to uses have been deleted since permitted uses is under the
purview of the zoning code. Since approval of the variance may determine [he feasibility
to proceed with a subdivision application, the preapplication meeting provides the
Subdivision Code 20
Master Draft 3/6/97
§23-2-16
department pertinent information without incurring full surveyor's cost for a preliminary
plat. The purpose of requiring the pre-nppllcation meeting or preliminary plat npplication
is to minimize piecemeal variances for the same project.
Section 23-2-16. Grounds for variances. i:+IaA variance wiJ7-may only be granted if the
following is found '
(a) There are special or unusual circumstances applying to the subject real property which exist
either to a degree which deprives the owner or applicant of substantial property rights that
would otherwise be available, or to a degree which deprives the owner or applicant of
substantial property rights that would otherwise be available or to a degree which obviously
interferes with the best use or manner of development of [hat property; and
(b) There are no other reasonable alternatives that would resolve the difficulty; and
(c) The variance will be consistent with the general purpose of the district, the intent and
purpose of this chapter, and the County General Plan and will not be materially detrimental
to the public welfare or cause substantial, adverse impact to an area's character or to
adjoining properties. (1982, Ord. No. 763, sec. 2.)
Section 23-2-17. Applications for variances. Application for a variance shall be on a form
prescribed for this purpose by the director and shall be accompanied by:
(a) A filing fee of$~9~99
(b) A description of the property in sufficient detail to determine the precise location of the
property involved;
(c) A plot plan of the property, drawn to scale, with all existing and proposed structures shown
thereon;
(d) A list of the names and addresses of all owners and all others with property interests in
property within three hundred feet of the perimeter boundary of the applicant's property;
and
(e) Any other plans or information required by rules adopted by the director in accordance with
21 Subdivision Code
Master Draft 3/6/97
§z3-z-Is
chaffer 91. Hawaii Revised Statutes.
Section 23-2-18. Notice of action on variance application.
(a) Notice to Owners of Property Interests. Upon fese+pFand-acceptance of a variance pre¢er~Ij-
r'°a °~application, the director department-shall fix a date for the director's
seflstderatietFe€-action on the application. Within three-five working days after receiving
notice of such date, the applicant shall serve notice of the application, on owners of interests
in properties within three hundred feet of the perimeter boundary of the applicant's property
and to owners of interests in other properties which the director may find to be directly
affected by the variance sought. Such notice shall state:
(I) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the use sought and the proposed accompanying structures, iF any;
(4) The date on which the director will consider the application; and
(5) That such date is the deadline for [he director's actual receipt of written comments
on the application.
Prior to the deadline for written comment, the applicant shall submit to the director proof
of service or of ;god faith efforts to serve notice of the application on the designated
property owners. Such proof may consist of certified mail, receipts, affidavits, or the like.
(b) Notice by Publication. A[ least ten calendar days prior to the date of the director's
consideration of the application, the director shall publish, in a newspaper of general
circulation, notice of the application and the date by which written comments must be in
the actual receipt of the director. (1982, Ord. No. 763, sec. 4.)
Section 23-2-19. Actions on variances. The director shall, within sixty days after accentance of a
variance ~ e a
a~l+eant, deny the application or approve it subject to conditions.
Subdivision Code 22
Master Draft 3/6/97
§23-3-20
(a) The conditions imposed by [he director shall bear a reasonable relationship to the variance
granted. All actions shall contain a statement of the factual findings supporting the
decision.
(b) If the director fails to act within the prescribed period, the application shall be considered
as having been denied, and the director shall immediately inform the applicant of such
denial. c a_ : °°i°tii° ^ ° ^ ~a nn ^r.~.:~ a:,,:~:,... (1982. Ord.
No. 763, sec. 5.)
Section 23-2-20. Review of director's action Eby non-applicant.
(a) Request for review. If the director grants a variance over the timely written objection
submitted by an =interested party= the interested party may request the commission's
review of the director's decision For purposes of this section an "interested party" +µk+sk+-
means aperson who I) has a property interest in the subject property; or 2) owns property
within three hundred feet of the subject property; or 3) can otherwise demonstrate to the
satisfaction of the plar~natommission that such person will be so directly and
immediately affected by the proposed variance that tts-the person's interest in the action is
clearly distinguishable from that of the general public. , ~^'°-°°'°a ,
c The request by an
interested party must be made in writing within ten working days after notice of the
director's decision, and shall bra-w~i~ina-containt~ a statement of itsthe grounds of the
Jection The request chall be accompanied by anon-refundable feline fee of S250.
(b) Procedure for review.
(I) The planning commission shall ~acc a request for review of the
director's action only if the request is submitted in writing by an interested party
within the time Qgriod prescribed in subsection (al above The commission shall
'~Pr the request at a regularly scheduled meeting of the commission, at which
23 Subdivision Code
Master Draft 3!6/97
§23-2-20
time the applicant and the person who requested such review shall have an
opportunity to be heard.
(2) Within forty-five days after the receipt of a request for review, the ~aen+ng
commission shall determine either that the director granted the variance properly
or that sufficient cause exists for a public hearing on the matter.
(3) If the ~aa~commission fails to make such determination within the prescribed
time, the director's action shall be considered as having been affirmed.
(c) Notice and Hearing.
(I) If the ¢{aa~aacommission determines that a public hearing is necessary, it shall
promptly schedule the public hearing at which time the applicant and members of
the general public shall have the opportunity to be heard on the application. The
commission shall not hold a contested case hearine. as defined in chapter 91
Hawaii Revised Statutes. on any variance application.
(2) Within five working davs after receiving notice of the date of the public hearing
the interested Qarty requesting the review shall service notice of the hearine, in
accordance with the provisions of a variance notice in $2i-2-18 above on ~:etiee-
a
se~taissietr~Fe-owners of interests in property within three hundred feet of the
perimeter ounda of the subject property and on owners of interests in other
orooerties which the commission may find to be directly affected by the variance
SOU L'ht.E' .L..,! 1.... L,...l ate...- e.. .6.. .1~s.~a£eLv 6,..-~^c
e e .
o'
(4) The commission shall provide notice by bublication of [he public hearing in
accordance with $23-2-18 above
Subdivision Code 24
Master Draft 3/6/97
§23-3-21
a i i r.. . i,..,.-. a... ~ .tie ,~...o ,.t.~., tii',.
e
hEar~r}g.
(d) Actions on Review.
(I) Within si*Ey~ninety days of its decision to hold a public hearing on the matter, or
within a longer period as may be agreed to by the applicant, the plaA~ a
commission shall deny the application or approve it subject to the conditions,
stating the factual findings supporting the variance or the denial.
(2) If the g4attr++n;commission fails to render a decision within the prescribed time,
the director's action shall be considered as having been affirmed. (1982, Ord. No.
763, sec. 6.)
Section 23-2.21. Appeal of director's action Fby applicant'.
(a) Request for review.
(I) Timing. If [he director denies Fke-a variance application, such decision is final
except that, within thirty days after the date of the written
decision, the applicant may appeal such action to the ¢6aRa+r
ocommission.
(2) Form and Filing. An appeal by an applicant to the gtennirr,commission shall be
submitted in writing to the depaaa~commission on a form prescribed by the
plane+w~ commission and shall be accompanied by:
(3) Anon-refundable filing fee of i+9~90$?~Q; and
(4) Ten copies of a statement of the specific grounds for the appeal.
(b) Notice and Hearing.
(I) The commission shall provide notice by publication of the public hearing in
accordance with &~3-2-I8above
e
heaftng.
25 Subdivision Code
Master Draft 3/6/97
§ 23-~-~ 2
(2) The
commission shall provide written notice of the public hearing, at least twenty davs
prior [o the hearing. to persons who had submitted timely objections to the variance
a~,plication before the director's action.
(3) The ${a~riaa-commission shall conduct a public hearing within a period of nirtety-
sixty days from the date the written appeal is accepted by the commissione~€-resei~
unless that period is waived by the appellant. The
commission shall not hold a contested case hearing. as defined under chapter 9I
Hawaii Revised Statutes. on anv variance application.
(c) Actions on Appeals.
(I) Within sip}-ninety days after acceptance of an applicant's variance appeal the
~ ~'^•~^e, ^r within such longer period as may be agreed to by the
appellant, the ~anni~commission shall affirm, modify, or reverse the director's
action.
All actions of the +aecommission shall contain a statement of legal and
factual basis for its decision in accordance with the criteria contained in section 2-3-
-1-~ 2~-a-I of this article.
(3) A decision to affirm, modify, or reverse the director's action shall require a
majority vote of the total membership of the planninacommission..;a
,.r.~.^m^,'^.,r,,.a°r~L[fthe g6aaa+nacommission
fails to render a decision to affirm, modify, or reverse the director's action within
[he prescribed period, the director's action shall be considered as having been
affirmed. (1982, Ord. No. 763, sec. 7; AM. 1984, Ord. No. 84-5, sec. 23-20 (a).)
Section 23-2-22. Further appeal rights. All actions of the ~astn+agcommission are final except
Subdivision Code 26
Master Draft 3/6/97
§23-2-23
that, within thirty days after the date of the written decision+efaFt+ert, anv person a~~rieved
by the decision of the commission " '
a ~ ^ °°a'^^ - may appeal such action to the
o
board of appeals in accordance with its rules.
f~
r,. r, a :.ti rr.°_.°.ni ^ov^.. n°. :..°a c•^.,..°~ nosy n_a nr„
ua o n~R inoe n_a nr,. en c ^ ~a ~i r°~ ~
Commentary. Presently 23-14 to -2l. Revisions made to be consistent w/the zoning code
revisions.
Division 5. Prohibitions, Penalties, Enforcement
Section 23-2-23. No subdivision without final subdivision approval. All subdivisions of land,
as defined herein, and all streets or ways within the County created for the purpose of subdividing
land shall be approved by the director in accordance with this chapter.
Commentary. Presently 23-2. Comparable provision in Brough 77.
Section 23-2-2J. No recordation without final subdivision approval. No subdivision plat may
be filed with the bureau of conveyances or land court until submitted to and approved by the
director, as required by Hawaii Revised Statutes sections 502-17 and 501-85. (1975 C.C., c.9, art.
2, sec. 2; Am. 1992, Ord. No. 92-138, sec. 23-12(a).)
Commentary. Presently 23-12(b). The State recording stntures were amended to explicitly
require county subdivision npproval ns n condition to record in the in Land Court or the
Bureau of Conveyances.
Section 23-2-25. No issuance of building permit, utility installation permits, or acceptance of
street dedications without final subdivision approval.
(a) No building permit shall be issued for any building [o be erected or moved one any lot
within the area covered by any proposed subdivision ' - ' ^r'`'°'^^`^;
^^~r«;,~Fnntil all required subdivision imorovements as shown on annroved
27 Subdivision Code
Master Draft 3/6/97
§ 23-2-26
construction drawings and specifications have been constructed inspected and approved
and the director has issued final subdivision aooroval Where final subdivision aooroval is
obtained through the posting of acceptable surety. a building Dermit may be issued
provided that final occupancv shall not be granted until the subdivision improvements have
been constructed, inspected and approved by the appropriate agencies.
Commentary. Presently 23-8. Modified to clarify that where final subdivision approval
ltas been obtained 6y posting a surety, lot purchasers may start construction prior to the
completion of the subdivision improvements; however, final occupancy is withheld until
completion of a[! subdivision improvements. This clarification is consistent with the
proposed amendment to the zoning code 25-4-2 (Conditions for construction of buildings
designed for human occupancy). Additionally, the C&C of Honolulu permits mode[ homes
upon securing tentative subdivision approval; Hawaii County's zoning code requires final
subdivision approval (see proposed zoning code 25-4-8(a)).
(b) The department of public works shall not issue a permit to cut a curb, tap a sewer line, or
install any lighting or sewer facilities and the department of water supply shall not issue a
permit to tap a water line or install any water facilities in the area covered by a proposed
subdivision until such subdivision has been approved as required by the provisions of this
chapter. (1975 C.C., c.9, art. 3, sec. 2.)
Commentary. Presently 23.9, unmodified.
(c) The unt shall not take over, receive by dedication, do any repair or construction
work upon streets or pavements, water lines, street lighting systems, sewer lines, or in any
way accept as public highways any street in any subdivision opened or platted in the
County ' except upon full compliance with the provisions of this
chapter. (1975 C.C., c.9, art. 3, sec. 3.)
Commentary. Presently 23-l0, unmodified.
Section 23-2-26. No conveyance of land prior to final subdivision approval. [Yo person l~and-
shall net~trancfer, cell. or lease. nor advertise, offered, or agree to transfer sell. or lease any
interest in land located in a subdivision
v ~ ^ e °0i~°'°°a until final subdivision
e r
Subdivision Code 28
Master Draft 3/6/97
§23-2-27
approval' is granted by the director; provided. however, that a person
may advertise and accept bindino sales contracts prior [o final subdivision approval in accordance
with the requirements of the Uniform Land Sales Act (Hawaii Revised Statutes chaoter484). (1975
C.C., c.9, art. 2, sec. 9.08.)
Commentary. Presently 2j-76, modified to acknowledge that the Unlfarm Land Sales Act
(HRS Chapter 484) allows offers for sale prior to final subdivision approval. The Acr
requires disclosures and escrow accounts as safeguards for potential buyers, as well as
rescission rights. Since the Act does not apply to all subdivisions, the restrictions on offers
for sole prior to final subdivision approval should apply ro any subdivisions that are not
subject to the Uniform land Sales Act.
Section 23-2-27. Criminal prosecution.
(a) Any person whether as orincigal anent emwee or otherwise, violating or causino or
permitting [he violation of an~f the provisions of this chapter shall
be guilty of a violation and upon conviction sentenced as follows: e
PI T6 ..C ..6. ..hr'.. ~£e .1...116...1..........1..
LLl For a first offense bra fine not exceedinc $500.
For a subsequent conviction which occurs within five vears of anv prior conviction
for violation of this chapter by a fine of not less than $500 but not exceedinc
$1.000.
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 subiect of the first
conviction.
~ 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
Ills
Any authorized cersonnel may issue a summons or citation to an alle_ed violator .n
accordance with the procedure specified in this section Nothine in this section shall be
29 Subdivision Code
Master Dralt 3/6!97
§23-2-28
construed as barring such authorized~ersonnel from initiating prosecution by penal
summons by complaint. by warrant or such otherjudicial process as is permitted by statute
or rule of court.
jg~ Any authorized~ersonnel issuing a summons or citation for a violation of this chapter may
take the name and address of the alleged violator and shall issue to the alle_ed 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.
~ There shall be provided for use by authorized personnel a form of summons or citation for
use in ci[in~ violators of this chapter which does not mandate the phvsical arrest of such
violators The form and content of such summons or citation shall be as adopted or
prescribed by the administrative j r~dee of the district court and shall be printed on a form
commensurate with [he form of other summonses or citations used in modern methods of
arrest so designed [o include all necessary information to make the same valid under the
laws and regulations of the Slate of Hawaii and the County of Hawaii.
~ in every case when a citation is issued the original of the same shall he riven to the
violator provided that the administrative ~udee of the district court may prescribe the
ivin to the violator of a carbon copy of the citation and provide for the disposition of the
original and any other copies.
f~ Fvg_ry citation shal I be consecutively numbered znd each carbon copv shal I bear the number
of its respective original
Section 23-2-28 Authorized oersonnel• ritthtof entry: limited liability.
~ Authori ed Personnel For the purpose of this chapter "authorized personnel" shall be a
police officer or a person(s) authorized in writing by the plannine director.
j¢Z Rieht of Entry When it is necessa
yr to make an inscection to enforce the provisions of this
ph~pter or when the autharizr~pgrsonnel has reasonable cause to believe that there exists
Subdivision Code 30
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§23-2-29
upon the premises a condition which is contrary to or in violation of this chapter which
makes the premises unsafe daneerous or hazardous the authorized personnel may enter the
premises at reasonab. ~ times to inspect or to perform the duties imposed by this chapter.
~ovided that if such,premises be occupied that credentials be presented to the occupant and
entrKrecauested If such premises be unoccu iced, the authorized personnel shall first make
a reasonable effort to locate the owner. subdivider, or other person havine charee or control
of the premises and request entry if entry is refused. the authorized personnel shall have
recourse to [he remedies grovided by law to secure entry.
L~2 Limited Liability The authorized Rersonnel charmed with the enforcement of this chanter.
~~ting in good faith and without malice in the discharee of the duties reuaired by this
chapter or other pertinent law or ordinance shall not thereby be rendered personally liable
for damn es that may accrue tt~ersons or prooertv as a result of an act or by reason of an
act or omission in the discharge of such duties A suit brought mains[ the authorized
personnel because of such act or omission performed by the authorized personnel in the
enforcement of anv_provicion of this chaQter or other pertinent laws or ordinances
implemented through the enforcement of this chapter Shall be defended by the County until
final termination of such ~roceedines and anv iudeement resultin_ therefrom shall be
assumed by the County.
c ~ ~o r ~ rive action The County may maintain an action for an injunction to
restrain anv violation of the provisions of this chaQter and may take anv other lawful action to
prevent or remedy anv violation
Section 23-2-30 Administr~livc enforcement.
~ In lieu of or in addition to enforcement pursuant to 5~3-2-~7 and 523-2-29 if the director
determines that anv person is viol tine anv provision of this chapter. anv rule adopted
[hereunder or any~orovalissued oursuant[hereto the director may have the person
31 Subdivision Code
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§23-2-30
served impersonal service with a notice of violation and order pursuant to this section
f~ The notice of violation shall include at least the following information:
Date of the notice:
Name and address of the person noticed:
132 Section number of the provision or rule, or the approval which has been violated
I41 Nature of the violation: and
j5~ Location and time of the violation.
~ The order may require the person [o do any or all of the following:
L~
2 Cease and desist from the violation:
l~ Correct the violation at the txrson's own expense before a date specified in the
order
Ijl ~ a civil fine not to exceed $500 in the manner. at the place and before the date
~cified in the order:
P~ a civil fine not to exceed 5500 perdav far each in which the violation persists.
in the manner and at the time and place specified in the order.
jd~ The order shall advise the person that the order shall become final thirtv days after the date
of its mailing or delivery. unless the director's decision is appealed to the board of appeals
within the thirtv-dav pgriod.
ref The provisions of the order issued by the director under [his section shall become final
thirtv davs after [he date of the mailing or delivery of the order, unless the director's
decision is appealed to the board of appeals as provided within this section
Lt Anv person adversely affected by anv order issued under this section. mav. within thirty
davs after the mailine or delivery of the order. appeal the order to the board of appeals as
provided by section 5-6 3 of the Countv Charter and &23-2-12 through F23-2-14 of this
chapter An appeal to the board of appeals shall stay theprovisions of the director's order
Subdivision Code 32
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§23-2-31
~endin$ the final decision of the board of appeals.
~ The director may institute a civil action in anv court of competent jurisdiction for the
enforcement of anv order issued pursuant to this section. Where the civil action has been
instituted to enforce the civil fine imposed by said order. the director need only show that
the notice of violation and order were served. that a civil fine was imposed. the amount of
the civil fine imposed and that the fine imposed has not been paid.
Ih2 Annually on $gptember I the director shall file with the bureau of conveyances. liens on
all properties which have been subject of fines levied under this section. which remain
u~aid for one vear or more after final adjudication and the expiration of the time for anv
further appeal.
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
purvoses of Qriori[y~to be the equivalent of liens which arise pursuant to the provision of
chaffer 19 of the County Code.
c....e:.,.. ~~-7-at u~mrrdies cumuative The remedies provided in this chapter shall be
cumulative and not exclusive.
Commentary. Complete revision of the present 23-4. The proposed changes consolidate
various prohibitions that are scattered throughout the existing code and also incorporate
the criminal, injunctive, and administrative remedies adopted as Ordinance No. 95-132
(relating to zoning code enforcement).
Article 3. Application and Approval Procedure
Division 1. Preliminary Subdivision Approval
Section 23-3-1. Pre-application meeting. For the purpose of an informal plan review, the
wbdivider may request apre-pyylication meeting with the director At least one week prior to the
scheduled meetingate the subdivider shill submit a sketch of tjlgprooosed subdivision indicating
the tax moo key numbers zonine exictine conditions existinc and proposed utilities, proposed
layout and relationship to the surrounding areas The director may request the attendance of
33 Subdivision Code
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§23-3-2
representatives from appropriate agencies. The meeting shall clarify as appropriate. the submittal
requirements. improvement requirements and standards, dedication recLuirements, and other matters
to assist the subdivider in obtaininz preliminary subdivision approval.
Commentary. The pre-application meeting is optional. Because the application fees are
proposed to be increased and preliminary plat maps must be prepared by registered
professionals, the pre-application meeting provides an opportunity to informally obtain the
predispositions of the appropriate agencies prior to incurring significant expenses.
Dissenting Commentary. The Planning Commission strongly believed that the pre-
app[ication meeting should be mandatory for all applications to clarify expectations up
Jront ns much as possible, improve coordination among reviewing regencies, rend expedite
the process. The Commission suggested that the planning deportment consider reinsmting
dte subdivision technical review committee that was tried several years ago in this County.
Through rules, the Commission can limit the acceptance of subdivision applications to t/re
first couple days of the week ro provide adequate time for agencies to review applications
prior to the regular meetings. The roles can also set forth the frequency of the regular
meetings (weekly, semi-ntanthly, monthly, etc.). The C&C has such n subdivision
committee (see C&C Subdivision Rules & Regulations 1-108).
Section 23-3-2. Application involving both land court and regular system lands. A tract of
land Qrooosed for subdivision that includes a mix of lands registered in land court and unregistered
lands sh111 be processed in accordance with rules adopted pursuant to this chapter.
Commentary. When a tract involves a mix ojregistered rend unregistered lends, the lot
boundaries as approved rend the lot boundaries as registered da not coincide since the land
court map does not show dre unregistered portion ojthe lot. /n the post, the planning
depnrtrnent has required separate sets ofmnps and legal descriptions for the registered rend
unregistered portions along with a "composite map". The rules eon either forma[i; a the
present procedure, require Hutt the [and court boundary be coterminous with a lot
boundary, or require that the unregistered portion be registered in land court as a
precondition for subdivision approval (n costly and time-consuming requirement).
Section 23-3-3. Submittal requirements. The subdivider shall submit [oaten copies of the
application and e+eMc-ten copies, or more if directed by the director, of the plat and supplementary
materials to the director.
(a) Application Form The subdivider shall complete a written application containing at least
the following information:
Identification of subdivider owner orenarer of the pllt and authorization
Name address telephone number. and signature of the subdivider:
Subdivision Code 34
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§23-3-3
ii. If the subdivider is not the legal owner of the property. the name. address
telephone number and signature of the legal owner the legal relationship
of the subdivider to the owner, and certification b t~e~al owner that the
subdivider is an authorized agent of the owner:
iii. Name address, and telephone number of the professional person(s)
responsible for preparing the plat map.
iv. Certification that all parties havin_ anv record title interest in the land
subdivided consent to the preparation and recording ofthe plat.
Name of subdivision.
i. Name of subdivision if property is within an existing subdivision.
ii. Proposed name if not within a ereviousl~platted subdivision. The
promo oced name shall not duplicate the name of anv plat previously
recorded.
iii. Name of the Qrooertv if no subdivision name has been chosen
Description.
i. Location of groperty by tax map kev:
ii. Area fin square feet or acres) of the land to be subdivided:
iii. Zoning:
iv. Number of tots.
T4, L..J' ',J L. II L 1' C La' I:...'.. ..I...
• a
Commentary. Presently 23-58 with more detail on what information the application form
should contain. Of particular note is a certification by the subdivider or at least one of the
legal owners that all record owners have consented. Rather than requiring all legal
owners to sign, and possibly having to verify against a title report whetheral[ owners have
35 Subdivision Code
Master Draft 3/6/97
§33-3-3
indeed signed, the County will rely on the representation on the person signing the
certification.
(b) Pla[. The preliminarv plat shall include the requirements set forth below: ^^'z,,;-;:,ear
r. r._.
(I) Preparation The preliminarv plat shall be Qrepared by or under the supervision of
a surveyor or engineer. The survevor or engineer shall sign and stamp [he
preliminarv plat.
Commentary. Presently, there is no requirement that the preliminary plat be prepared by
a registered surveyor or engineer. The pre-application meeting provides an option jor a
landowner to obtain comments without the expense of hiring a surveyor or engineer. At the
preliminary plat step, however, the submittal should be accurate and complete to facilitnte
review and approval.
(2) Size and scale. The preliminary plat shall be drawn according to size and scale as
stipulated in section 502-19, Hawaii Revised Statutes or on a sheet size of eight and
one-half inches by thirteen inches. When more than one sheet is required, an index
sheet of the same size shall be filed to show the entire subdivision an one sheet,
with block and lot numbers. (1975 CC., c.9, art. 2, sec. 3.03.)
Commentary. Presently 23.59.
(3) General informa[ionse-pre~~iflat~-¢IaF. The preliminary plat shall include the
following general information:
i. Proposed name if aoolicable, of the subdivision which shall not duplicate
nor resemble the name of another subdivision in the County. The proposed
name shall be subject to approval by the director;
ii. Date, northpoint and scale of drawing;
iii. Tax key number and other information to sufficiently describe and define
[he location and boundaries of the proposed subdivision according to the
real property tax office records and
Commentary. Property tax records were transferred from dte Stare to the county.
Subdivision Code 36
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§23-3-3
iv. Names and addresses of the owner, subdivider, and engineer or surveyor
who prepared the plat.
v. Acreage of proposed subdivision and number of lots.
Commentary. Presently 23-63.
(4) Existing conditions .The preliminary plat shall include
the following information on existing conditions:
i. Streets. Location, widths (r~ht of way and pavement widths), and names,
of all existing or platted streets within or adjacent to the tract, together with
easements, other rights-of-way, and other important features, such as
comers r ii, property boundary lines, and control of access lines adjacent
to State highways;
ii. Topography. When required by the director, contours at vertical intervals
of five feet where the slope is greater than ten percent. Elevations shall be
marked on the contours based on an established bench mark or other datum
approved by [he chief engineer. In addition, the contours as may be
required by the manager, State department of health, and chief engineer
shall be shown;
iii. Drainage. The location and direction of all water courses, and-
ea~eFflew-special Flood hazard areas and base Flood elevations (where
available) pursuant to the requirements of section 27-20 of the Countv
fig;
Commentary. Not all special flood hazard areas on the flood insurance rate maps show
the base flood elevation.
iv. Existin ug ses_Existing uses of property, including but not limited to,
location of all existing structures, driveways. wells, cisterns, private
37 Subdivision Code
Master Draft 3/6/97
§23-3-3
sewage disposal systems, and uniities; and
v. Zonin_. Zoning on and adjacent to the tract. (197> C.C., c.9, art. 2, sec.
3.04 (B).)
Commentary. Presently 23-(rt.
(5) Proposed Il~out and improvements e
e e
i. Lots. Lots, showing approximate dimensions, ~ttiaiffwrr}-lot size and
proposed lot and block numbers; and
ii. Streets. Streets showing location, widths, proposed names, approximate
radii or curves. The relationship of all streets to projected streets shown
on the County General Plan, or'
i?}iafYprojectedsueets suggested by the chief engineer or director to assure
adequate traffic circulation in the area;
iii. Easements. Existing and proposed easements, showing width and
purpose;
iv. ~ Proposed uses. Sites, if any, allocated for purposes other than single-
family dwellings. (1975 C.C., c.9, an. 2, sec. 3.04 (C).)
v. tiliti s. The approximate location within the subdivision and in the
adjoining streets and property of existing and proposed sewers and water
system improvementstaaias, culverts and drain pipes, electric conduits or
lines proposed to be used on the property to be subdivided and invert
elevations of sewers at points of proposed connections:
vi. Dedication. Parcels of land proposed to be dedicated [o public use, and the
conditions of such dedication.
Commentary. Presently 23-65 and portions of -66.
Subdivision Code 38
Master Draft 3/6/97
§23-3-3
(c) Supplementary €-~tBanatefy-informationsn-pr~+~aq-p4aE. The preliminary plat shall
include the following explanatory information (if it cannot be shown practicably on the
preliminary plat, i[ shall be submitted in separate statements accompanying the preliminary
plat):
(I) Vicinity moo. A vicinity map at a small scale, showing existing subdivided land
ownerships adjacent to the proposed subdivision, and showing how proposed
streets may be extended to connect with existing streets;
(2) Future layout moo. Where the area to be subdivided contains only part ofthe tFaet-
property owned or controlled by the subdivider, the director or chief eneineer may
require a sketch of a tentative layout for streets in the unsubdivided portion.
(3) Deed restrictions. Proposed deed restrictions in outline form if afryreouired by the
director;
(4) Water svstemsprivatel [f not connecting to the County water system. statement
regarc~;;g water systems to be installed, including source, quality and quantity of
water;
~ e e
0
a
a . .~,o ..E.,a:..
. o
Commentary. Duplicates the information requirements jar drainage and utilities listed
under existing conditions and proposed layout.
(5) List of improvements required. Improvements to be made by the developer and the
approximate time such improvements are to be completed. Sufficient detail
regarding proposed improvements shall be submitted so [hat [hey may be checked
for compliance with objectives of these regulations, State laws and other applicable
39 Subdivision Code
Master Draft 3/6/97
§23-3-4
County ordinances.
(6) Title report When required by [he director, a title report issued by a licensed title
company in the name of the owner of the land, showing all parties whose consents
are necessary and their interests in the premises ,
(7) Traffic analysis report. When required by the director or chief engineer. a traffic
analysis report prepared by a traffic engineer identifying the existing conditions
and potential impacts generated by the proposed subdivision.
Commentary. Presently 23-66.
Section 23-3-4. Review.
(a) The director shall furnish one copy of the preliminary plat and supplemental materials
within five days after [he acceptance date of a complete submittal
sabdi~i~to the manager, chief engineer, fire chief, and sanitary engineer, and when a
subdivision is adjacent [o a Stale highway or proposed State highway, to the district
engineer.
(b) The above listed officers shall transmit any comments to the director within 30 days of
receipt of the preliminary~lat and supplemental information
•
~•~..,..,z;,~~. (1975 C.C., c.9, art. 2, sec. 3.06.)
Commentary. Presently 23-61.
Section 23-3-5. Action. Within forty-five days after the acceptance date of a complete submittal
the director shall review [he plat and act as follows:
(a) Preliminary subdivision approval. The director may-shy all e • ° ^r
approve the preliminary plat as submitted or as modified provided there is full comQiance
with all requiremenK of [his chanter
a. Approval of the preliminary plat shall indicate the
director's directive to prepare detailed drawings on the plat submitted, provided there is no
Subdivision Code 40
Master Draft 3/6/97
§23-3-5
change in the plan of subdivision as shown on the preliminary plat and there is full
compliance with all requirements of this chapter. The action of the director with reference
to any attached documents describing any conditions shall be noted on two copies of the
preliminary plat. One copy shall be returned to the subdivider and [he other retained by the
director. At such time the director shall stamp the preliminary plats:
"Subdivider authorized to prepare detailed
drawings on plat as submitted including
corrections noted on mayor approval letter."
"Recordation with the Bureau of Conveyances,
State of Hawaii, not authorized until approved for
record at a later date."
Commentary. Presently 23-62, with added authority jor the director or chief engineer to
require dedication of necessary rights of way to ensure orderly growth.
(b) Disapproval. The director shall disapprove the preliminary plat if the map does not
conform to all or portions of the requirements of this chapter or the zoning code, stating the
reasons for disapproval in writing.
(c) Deferral The director may defer the decision to ao~rove or disapprove if the preliminary
ma r quires additional rgports or data from the subdivider or minor changes to the
preliminary map are requfired The deferral shall be for a period of 30 davs. A request for
an extension of the deferral may be made by the subdivider in writing to the director stating
the reasons therefo~rior to the expiration of the 30 day period Only a single extension
may be granted by the director for a reasonable time period not to exceed six months.
Failure tQprovide the required additional information within the prescribed 30 day or
extension period shill automatically terminate all proceedings and the application shall
become null and void If a subdividerdesires to activate the application, the subdivider
must the a new application and submit a new preliminary maQwith the required filing fee
4l Subdivision Code
Master Dratt 3/6/97
§23-3-6
ff the subdivider has timelyprovided the required information and the director has not
rendered a decision within the deferred period. then the provisions of subsection 23-3-5(d)
shall take effect.
Commentary. New provision. Based on C&C Subdivision Rules 2-203(c).
(d) No action. If no action (approval, disapproval, ~-or deferral) is taken by the
director within forty-five days after the acceptance date of a complete submittal sa~ssierr
or such longer period as may have been agreed upon in writing, the
preliminary plat shall be deemed approved, and [he director shall endorse the approval of
[he preliminary plat upon the face thereof.
Commentary. Incorporated in disapproval section.
Section 23-3.6. Effective period of preliminary subdivision approval. The subdivider shall
complete all requirements specified as conditions for preliminarv subdivision approval of-t1t~
within three years of said approval. An extension of not more
than two years may be granted by the director upon timely written request of the subdivider. At the
end of said three year period or its approved extension, unless all said conditions are completed, the
preliminarv subdivision approval shall expire and shall be of no further force
or effect, or shall be subject to the technical review of the applicable agencies for compliance with
current code and rule requirements. This subsection shall be applied to all subdivision applications
which have received preliminarv t~;.ta'~subdivision approval and which have not completed
subdivision improvements, provided the three year period, and extension, if applicable, shall be
taken from the effective of this ordinance and not from the date of preliminary plat{~entata're}
subdivision approval.
Commentary. The three-year time limit requires the improvements to be constructed or
bonded within this period. With atwo-year extension, a subdivider has five years to
Subdivision Code 42
Master Dratt 3/6/97
§23-3-7
construct the improvements. Other time limits require the final plat and construction plans
to be submitted within /8 months of preliminary subdivision approval (23-3-13) and for
construction to start within one year of approval of the construction plans (23-3-11). /f the
intent of this section is to set a time limit to construct improvements, even if
final
subdivision approval has been obtained through bonding, then clnrifcation is required.
Section 23-3-7. Phased Development. The subdivider shall state in the subdivision application
whether the subdivider intends to develop the tract in phases The preliminary plat shall clearly
show the various phases of the proposed development The basis for the required improvements
for the overall tract development shall be documented in a development agreement pursuant to
chapter 30 of the Coun[~Code Construction plans and final plat submittal requirements shall annly
to each phase separately The subdivision improvement agreement and security may be approved
in such amount as is commensurate with the phase under review with the remaining amount
deferred until the remainin phases of the plat are offered for filing For approved phased
developments &~3-~-~5 (No issuance of buildino permit utility installation permits. or acceptance
of street dedications without final subdivision approvall and &23-2-26 (No conveyance of land prior
to final subdivision approval) shall ~plv to each phase as if it were the entire development.
Commentary. The financing of larger phased developments requires a degree of certainty
that the rules determining the improvement requirements for the torn[ project will not
significantly change before the whole project is completed. The development agreement
vests certain rights in exchange for public benefits from the project. Although the lots,
roadways, and easements for the total project are platted pursuant to tl~e approved
"master" preliminary plat, construction of the required improvements and subsequent sale
of lots may proceed by phase. None of the other counties nor the Model Subdivision Code
(Freilich 2d) offer any good examples to address phased development. The proposed
provision is a hybrid from exerpts taken from Freilich 2d (§3.7.3, definition of "phased
subdivision application definition of "master preliminary plat", commentary on pp. 91-
92) and Brough §62 (Completing Developments in Phases).
Division 2. Construction Plans
Commentary. Because of changes that are made to the construction plans during the
review process, ns well as changes made in the field during construction, the final plot
should be required after approval of the construction plans (in the case of bonding) or
completion of construction (where final subdivision approval granted after completion of
construction). The rejected alternative procedure to include the final plat with
construction plans was to aid in the review of the construction plans (e.g., ensure that water
meters are properly located relative to the lot lines) and ensure consistency between the
43 Subdivision Code
Master Draft 3/6/97
§23-3-8
fine! plot and constructiart plans. However, n general layout mop would aid in the review
without imposing the other requirements associated Kith the preparation ofa final plat. All
firm[ plat provisions ore addressed in the nest article addressing final subdivision
approval.
Section 23-3-8. Submittal requirements, After the subdivider has securedpreliminarv
subdivision approval Ind before be~innin~ construction of the improvements therein the
subdivider shall prepare and submit copies of the construction plans to the director, chief engineer
manager sanitary engineer district engineer (when the subdivision is adjacent to a state hi:hway
or a proposed state hi~hwav) or other agencies as required by the director for their review and
approval The subdivider shall also submit to [he director a copy of the transmittal of the
construction plans to the respective agencies signed and dated by a representative of the respective
agencies evidencing receipt The construction plans and specifications shall show details of road
conswction draim~e structures (with drainage report and calculations when required by the chief
en inset) sewers water system improvements and all other utilities proposed to be installed in the
~opoced wbdivision The constnictionplans shall be drawn in accordance with the standards and
requirements set forth in rules adopted pursuant to this chapter Included with the construction
plans shall be a layout map showing the location of lots and streets. Plans shall be prepared by an
engineer
Commentary. All construction plans, including small subdivisions c3 lots, should be
prepared by a licensed professional engineer. To expedite review, the subdivider sha/! be
responsible to directly submit the construction plans to the respective reviewing agencies,
with n copy of the transmittal to the director so that the director can track the time
deadlines for agency review.
Section 23-3-9. Review. The subdivider shall be responsible for making necessarymodifications
and corrections to the satisfaction of the affected agencies and may work directly with said
a encies in makin acceptable modifications and corrections The agencies required to approve the
plans shall transmit their comments to the subdivider within 60 days of the submission date (as
~ " n the copy of the transmittal submitted to the director pursuant to &~~-3-8) The constriction
plans shall be examined as to whether it conforms with the approved preliminary plat, any
Subdivision Coda ~
Master Draft 3/6/97
§23-3-10
conditions ofpreliminarv subdivision approval and the standards se[ forth in this chapter or rules
adopted pursuant to this chapter. The information on the construction plans may also be verified
by entering upon the respective subdivision [f there is a variance. the subdivider shall be advised
by the director or rejective agencies of the chances or additions that must be made and given an
opportunity to make corrections.
Section 23-3-10. Action. The agencies required to approve the plans shall lien the construction
plan tracings within 60 days of the submittal date if no comments were sent to the subdivider. or
within 30 davs of each resubmittal date if comments were sent to the subdivider. If no action is
taken within the prescribed time limits the construction plans shall be deemed approved as
submitted and it shall be the duty of the resQonsible official to affix their approval [hereon Such
construction Mans and specifications shall be considered approved for construction purposes when
the construction plan tracings and specifications bear the approval of the chief engineer the
mangy er the sanitary en ineer the district engineer and the director as required Approval of the
construction plans shall not relieve the subdivider nor the en_ineer of the responsibility for anv and
all defects that m~v become evident subsequent to the plan's approval When all agencies required
to approve the plans have signed the tracings the director shall send a notification [o [he subdivider
nuthorizin~ construction to start sub~c[ to payment of the inspection fee notice of construction
start date and submittal of the required number of copies of the construction plans pursuant to §23-
1 8 [f construction has not started within one year from the approval date then the construction
fans shall be resubmitted for review and approval bill required agencies The construction plan
approval date shall be the date of the director's notification letter to the subdivider
Commentary. The revision clarifies that a 30 day time limit applies jor each resubmittal in
the case of multiple resubmittals. The date of the construction plan approval is more
clearly defined since it is n milestone in reference to the submittal deadline for final
subdivision approval.
Section 23-3-11. Time limitation. Thr rhdivider shall~renare and submit the construction
45 Subdivision Code
Master Dralt 3/6/97
§23-3-12
Qlans noting the limitation of time reouired for the submission for final subdivision approval in 5'i-
1-13.
Division 3. Final Subdivision Approval
Commentary. The procedures for final subdivision approval cover both bonding and
completion of improvements.
Section 23-3-12. Alternative procedures for final subdivision approval. After the subdivision
has received preliminary subdivision and construction plans approvals, the subdivider. as a
condition to approval of the final subdivision approval. shall either I) construct the required
improvements prior to seeking final subdivision approval, or 21 enter into an agreement with the
Count-_uaranteein~ the construction of improvements.
Section 23-3-13. Time limitation. The subdivider shall file the final plat, together all additional
required information, within eae-year~i~hteen months following the date of preliminary
subdivision approval by the director. [f the subdivider has not filed for final subdivision approval
within this period, the preliminary subdivision approval shall be deemed void. A time extension,
for good cause may be granted, provided the subdivider applies in writing at least forty-five days
before the expiration of the eAe-~yeafei~hteen month period. The director may grant one time
extension not exceeding six months: except in cases where construction of improvements has
commenced, the director may Brant additional time extensions not exceedin_ a total of ei;hteen
months from the date of construction plan approval.
Commentary. The existing time limit specified in §23-67 is one year. For larger
subdivisions, one year is too short to prepare the construction plans and obtain
construction plan approval; therefore, the time limit was extended to 18 months. The
additional 6-month extension period is comparable to the C&C (Maui does not specify a
time limit for extensions; Knuai does rsot even specify a time limit to submit the final plat).
Section 23-3-14. Construction of improvements-- inspection and certification.
(a) Inspection fee.
(I) Prior to the beginning of construction of the required improvements, the applicant
shall be required to pay a fee of awe-tc~r+thnsef one-half percent of the estimated
Subdivision Code 46
Master Draft 3/6/97
§23-3-14
cost of the construction work to be done in the subdivision, based on a contract
amount or performance bond or other documentation provided by the subdivider
or subdivider's contractor, but not less than S~5 I ZS to cover the costs of
inspection. Inspection fees charmed by the department of water supply shall be in
accordance with the adopted rules of said a_encv. Tti_
Commentary. The inspection fees were incrensed. DWS inspection fees added. The last
sentence relating to refunding of the fee was deleted as too ambiguous.
(2) Fees received from applicants shall be deposited-w+F#r let the director of
finance and deposited with the chief enPineerand/or manager as appropriate.
(3) When the subdivider requests that inspections be made other than durino normal
working hours the chief engineer may request additional fees to cover such
overtime inspections in accordance with section 2-5 of the Countv Code.
(b) Notice; copies of construction plans. Before starting any construction work, the subdivider
shall give written notice at least en~sveek2
davs in advance to the chief engineer and
manager (if construction involves a water supply system), of the name of the contractor and
any other pertinent information, and shall file F#+see-five prints of approved construction
drawings and specifications with the department of public works or more if requested by
the chief engineer, and the number of prints required by the department of water supply (if
construction involves a water supply system). The inscection fee notice. and copies of
construction plans Shall be submitted at the came time
Commentary. The 2-day construction start notification is consistent with the grnding
ordinance (Hawaii County Code §10-17(b)).
(c) Permits. Where construction extends into the State highway right-of-way, the contractor
shall obtain a permit from the district engineer prior to commencement of work within the
State right-of-way.
47 Subdivision Code
Master Dratt 3/6/97
§23-3-1~
Commentary. Presently §23-80. There mny be other bonds required under other
provisions of the County Code (e.g., grnding ordinance).
(d) Inspections. During construction of improvements and installation of facilities and utilities
and the carrying on of other work in any subdivision, the work shall at all times be subject
to inspection by the chief engineer and manager, or their representatives. The chief
engineer shall inspect the construction of improvements, the installation of facilities and
utilities, and other work in any subdivision. The manager shall inspect all construction and
improvements relating to water systems. Construction within the State highway right-of-
way shall be subject to inspection by the district engineer or his representative. (197 C.C.,
c.9, art. 2, sec. 8.O1.)
Commentary. Presently §23-96 and •98.
(e) Certification. Subdivision improvements shall not be considered complete and acceptable
for final approval by the director until such improvements are so certified in writing to be
complete and of acceptable standards by [he chief engineer and manager (if construction
involves a water supply system).
Section 23-3-15. Agreement to complete construction. A subdivider may secure final approval
prior to completion of construction by entering into an agreement with the County, signed by the
director and the department of public works and, when appropriate, department of water supply and
file with the director and when required department of water supply a surety bond or other
acceptable security to assure the department of public works and the department of water supply
that the actual construction and installation of the improvements and utilities will be completed as
shown on the approved construction drawings and specifications. The director shall refer the
~reement and security documents to the corporation counsel for approval ac to form and legality.
The corgiration counsel shall approve su^~est revisions or reject the documents within I S davs aF
the date the documents are submitted by the subdivider to the director.
Subdivision Code 48
Master Dratt 3/6/97
.__-_-I~
(a) Agreement to provide improvements and utilities. The agreement shall specify that [he
subdivider shall make, install, and complete all required improvements and utilities to the
satisfaction of the chief engineer and when appropriate, the department of water supply,
and shall also provide that the department of public works and when appropriate, the
department of water supply may complete the improvements and recover the full cost and
expense thereof from the subdivider:
(I) If the subdivider fails to complete:
i. The required improvements within the time specified; and
ii. Any additional conditions imposed for the granting of an extension to
complete the required improvements and additional conditions with the
extended time period; or
(2) If the agreement is terminated for any of the grounds stated in the agreement;
(b) Bond or other acceptable guarantee.
(I) The agreement shall be secured by a good and sufficient surety bond (other than
personal surety), certified check or other security acceptable to the director and
approved by the corporation counsel, in the sum equal to the cost of all the work
required to be done by the subdivider (includin¢ contingencies and inFlation where
~propriatel as certified by the chief engineer and the manager, if the subdivision
is within the scope of the department of water supply requirements. The surety
bond shall be payable to the County and when appropriate to the department of
water supply. The bond shall be conditioned upon the faithful performance of any
and all work required to be done by the subdivider.
(2) The security shall be filed with the director and deposited with the County treasurer
as a realization in whole or part for the completion of work, or correction of any
defective or improper work called for in the original plan.
49 Subdivision Code
Master Drag 3/6/97
?3-~-16
Conunertutry~. ,4 rime limit was imposed art the Corporntiort Cotmse!'s oJ~ice m ret~ie~r the
snbdivisiort agreement mid securin~ docmnertrs. A subdivision hartdbonk with staiidurrl
farms would expedite the review be the Corporation Cotutsel.
Section 23-3-16. Submittal requirements. After completion of the improvements in accordance
with the approved construction plans and approval of the improvements pursuant to §23-3-11, or
approval by the corporation counsel of the subdivision agreement and security documents, the
subdivider shall submit to the director the Following information.
(a) Final Plat. The construction plans and the Fnal plat map shall be consistent.
(I) Preparation. In preparing the final plat, all engineering and surveying work shall
be made by or under [he supervision of an engineer and surveyor, respectively.
(2) Size and scale. The scale and sheet size utilized on this drawing shall be the same
as required under §23-3-3. If the final plat, following approval by the director, is
to be filed with the Land Court for recordation, it shall comply with all
requirements specified under the rules of the Land Court for Land Court
subdivisions.
(3) General information. The final plat must include the following general
information:
i. Date, northpoint and scale of drawing;
ii. Name of the subdivision, if applicable;
iii. Names and addresses of the owner, subdivider, and engineer, or surveyor
who prepared the plat;
(4) Boundaries, dimensions, reference points. The plat shall be based on an accurate
survey, coordinated to County street monuments and government survey
triangulation stations, and permanently monumented including reference points of
existing surveys identified, related to the plat by distances and azimuths, and
reference to a field book or map as follows:
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Master Draft 3/6/97
;~,-_-16
i. All stakes, monuments or other evidence found on the ground and used [o
determine the boundaries of the subdivision;
ii. Adjoining corners of all adjoining subdivisions;
iii. Boundary lines and grants within and adjacent to the plat;
iv. Whenever the County has established the centerline of a street, adjacent to
or within the proposed subdivision, the location of this line and
monuments found or reset;
v. All other monuments found or established in making the survey of the
subdivision or required to be installed pursuant to §23-4-3;
vi. Lots and right-of-way lines. Tract boundary lines; right-of-way lines and
centerlines of streets; lot and block lines with dimensions, azimuths or
deFlection angles and radii, arcs, points of curvature and tangent bearings;
vii. Identification and area Lot block and easement identification with areas
in accordance with oood en~ineerin~ and surveyin: practices:
viii. Easements. All easements, which shall be denoted by fine broken lines,
clearly identified and if already on record, its recorded reference; if any
easement is not definitely located of record, a statement of such easement.
The widths of the easement and the lengths and azimuths of the lines
thereof and sufficient ties thereto to definitely locate the easement with
respect to the subdivision shall be shown. [f the easement is being
dedicated as shown on the map, it shall be properly referenced in the
owner's certificates of dedication;
ix. Streets. The width of the portion of streets being dedicated, the width of
any existing right-of-way and the widths each side of the centerline. For
streets and curvature, all curve data shall be based on the street centerline
$ I Subdivision Code
Master Dratt 3/6/97
~_3-?-I6
and, in addition to centerline dimensions, shall indicate thereon the central
angle. Future streets and road widening lines. Control of ucce~~ line.
adjacent to arterial hi_hwavs.
x. Minimum building setback lines, where not otherwise fixed by a building
code or County ordinance;
(5) Base tlood elevations for subdivisions located in special flood hazard areas (if
available), as required in chapter 27 of the County Code.
(b) Supplemental information
Subdivision III
Completed Agreement R
Supplemen[allnforma[ion Construction Bond
(1) Inspection certification of approval. A certificate pursuant to §?3- x '
3-14.
(2) Surveyor's Certificate. A certificate from a surveyor attesting to x
the accuracy of the map and that all required markers and
monuments have been placed in the ground. i
(3) Dedication offer. [f improvements are to be dedicated to the z
County, then the information listed in §?3-3-23shall be submitted. I
(8) Title report. A complete title report issued by a licensed title x x
company in the name of the owner of the land, showing all parties
whose consents are necessary and their interests in [he premises
when required by the director.
Subdivision Code 52
Master Draft3/6/97
~ 1
Subdivision
Completed Agreement &
~ Supplemental [n[ormation (Continued) ~ Construction Bond
(5) Deed restrictions or covenants. x ~ x
i. For non-dedicable streets, the subdivider shall submit a recordable
document [o the director which shall describe all non-dedicable
i streets, the ownership thereof, and access rights thereon for all lots
in the subdivision, maintenance rights and responsibilities
therefor. The document shall contain a statement as follows: that
non-dedicable streets within the subdivision have not been built to
the standards required for streets which are dedicable to the ~I~
County of Hawaii; that such streets will accordingly not be
accepted for dedication unless they are brought into compliance
with the requirements for dedication as of the time they are
offered for dedication; and that the County of Hawaii is not
responsible for maintenance or any liabilities related to such non-
dedicable streets. The document shall be in a form acceptable to
the chief engineer and corporation counsel. For subdivided land
within the jurisdiction of the land court, such document shall be
recorded with the land court. For all other subdivided land, the
document shall be recorded with the bureau of conveyances.
ii. Any other deed restrictions or covenants applicable to the
subdivision
(6) Evidence of formation of legal entities when required to operate x x
and perform all required maintenance and services.
(7) Written proof that all taxes on the tract are paid to date. Evidence x
of payment in full or ratable reallocation between or among the
lots resulting from the subdivision if any portion of the subdivided
land is subject to assessment liens outstanding to the county.
(8) Subdivision agreement and security documents as approved by x
the corporation counsel and executed by subdivider.
(9) Cost estimate certified by the department of public works and/or x
manager, as applicable.
(10) Receipts evidencing payment of [he water facilities charge, as x
applicable;
Commentary. This table consolidates the submittal requirements for final subdivision
approval where eke improvements have been constructed and final subdivision npproval
prior to construction.
Dissenting Commentary. The Commission favored deletion ojall private covenant
requirements. The Commission strongly believed that any requirement to submit private
covenants implies that the County must enforce the eovenants.
Section 23-3-17. Review.
(a) W ithin five days after the acceptance date of a complete submittal of the final plat and other
53 Subdivision Code
Master Draft 3/6/97
~'i-i-I
data, the director shall submit copies of the Final plat and other data [o the ehieFen~_ine:r.
manager, sanitary engineer, and district engineer for review with the director.
(a) The above listed officers shall transmit any comments to the director within 30 days of
receipt of the information.
Section 23-3-18. Action. Within forty-five days after the acceptance date of a complete submittal
for final subdivision approval, the director shall review the submittals and take action as follows.
(a) Final Approval Final subdivision approval means that the subdivision has met all
requirements of this chapter, conforms with the approved preliminary map and
construction plans, has fulfilled all conditions of preliminary plat approval, all required
improvements have been constructed or bonded, and all required fees including the
inspection fee and any water facilities charges have been paid. Upon final approval, the
director shall stamp three copies of the final plat:
"SUBDIVISION NUMBER
APPROVED FOR
RECORDATION WITH THE BUREAU OF
CONVEYANCES, STATE OF HAWAII".
The approval shall bear the signature of the director. The planning department shall [hen
retain one copy of the final plat, and forward one copy of the final plat to the Hilo tax office,
and one copy of the final plat to the subdivider. The approval of the final plat by the
director shall not be deemed to constitute or effect an acceptance by the County of the
dedication of any street or other easement shown on the plat. The approval for recordation
of the final plat by the director shall not relieve the subdivider of the responsibility for any
error in the dimensions or otherdiscrepancies. Such errors ordiscrepancies shall be revised
or corrected, upon request, to the satisfaction of the director.
(bj Disapproval. If the director disapproves the plat, the grounds for disapproval shall be st t
Subdivision Code S4
Master Dratt 3/6/97
19
in wnum~ to the subdivider and filed in the records of the planning department.
Commentary. A mandatory hearing as a condition fordisapprova[ is unnecessary since the
grounds for disapproval are e.rplained in writing.
Section 23-3-19. Release of surety after completion of improvements. Upon completion of
the improvements and utilities in a subdivision as required by this chapter and certification thereoF
as provided by §23-3-I4 of this chapter, °~r-the subdivider shall files one set of as-built
constmction plans conforming to the requirements specified in rules adopted Qursuant to thie
cha tamer with the department of public
works, State department of health and the department of water supply (if applicable). The
respective departments shall approve the performance and thereupon discharge the subdivider and
surety (in whole or in part according to the terms of the agreement, if any) from the obligation of
any bonds and release to the subdivider any security posted by the subdivider, or authorize and
direct such discharge and release by the appropriate agency.
Commentary. Presently 23.78..
Division 4. Recordation, Changes, and Approvals after Final Subdivision Approval
Section 23-3-20. Recordation of final plat. After the director grants final subdivision approval,
the subdivider may file and record the plat. ((975 C.C., c.9, art. 2, sec. 9.09.)
Commentary. Presently 23-77. Recordation is optional. Recordation is mandatory in
Kauai (9-3.8(d)(4)).
Section 23.3-21. Change after approval. No change in a subdivision, or in the plan of a
subdivision, already approved, may be made without the approval of the director. (1975 C.C., c.9,
art. 2, sec. 9.08 (A).)
Commentary. Presently 23-75.
Section 23-3-22. Vacation of plats. To vacate anv final Rlat or anv Dart of anv final plat. the
cuhaivider must submit a new application for subdivision The director may roiect anv such
55 Subdivision Code
Master Orak 3/6/97
1~~ •
!
ioolicition which ~tbrid~es or destroys gym' public n~hts in ~mv of its public use. impmcema•~n <~r
streets [f the previous plat had been recorded, then the map shall be acknowledsed and recorded
in like manner and being duly recorded shal I operate to destroy the force and effect of the previou.
recording of the plat so vlrtted and to divest all public rights in the streets and public grounds and
all dedicltions laid out or described in such plat.
Commentary. New provision. There are occasions when a subdividerma} desire to vacate
an approved subdivision. such as when the subdivider acting as the agent of the landowner
obtains ftnnl subdivision of approval in anticipation of purchasing the property but the
transaction fails for some reason. The proposed provision clarifies that the procedure is
to resubdivide witlt a new application. Freilich 2d has more e.rtensive procedures ro be
used for "land readjustment" of substandard subdivisions.
Section 23-3-23. Dedication procedures.
~ Offer of Dedication. At the time of filing a oreliminary~lat map the subdivider shall
deli note on the m?p whether the subdivider intends to dedicate any streets. lands.
facilities or easements to the County or to the State The director, with input from the chief
en ineer and m~nn~er m~v require dedication of rights of way if reasonably necessary in
furtherance of the~ublic health safety and welfare Upon receipt of final approval,
certified comQletion of the required improvements pursuant to i-3-14 and release of
suret~ursuantto&p3-3-19 the subdivider may file an offer of dedicationwi[hthedirector.
The offer shall include:
Dedication deeds ¢rants of easements and bills of sale The subdivider shall
submit one ori,o~jnal and three copjgg or more if regttested executed and notarized
for review and approval by the director chief engineer manacer (if applicable).
corporation counsel:
F ---7icu' ^ C.,..., r^.. ~ T~v f'nrN Fir~trlel•
Title report or other evidence oflien-free conveyance of the improvements or land.
The director may rPauire the subdivider to furnish a title incurancepolicv issued by
gJi~P srd title insurance company authorized to do business in the State of Hlwaii
Subdivision Code 56
Master Draft 3/6/97
certifvin~ tha[ the premises are free and ^lear of all lien, and encumbranx:
tilap showing the areas offered for dedication in a format desicnated by the chieF
engineer
I51 Resolution of nro[)osed street names of all streets offered for dedication with
reference to the lot number of tha street as shown on the final plat map; and
(6) Four sets of as-built prints and one set of tracin_s of the complete construction
moans of those i~ravements offered for dedication conforming to requirements
~ecified in rules adogted pursuant to this chapter .
Aaalicable department of health permits if drywells are located within the
dedicated area
u Surve~r's certification attestine that all required monuments have been placed in
the eround and accurately located.
j.41 Recordation fees for recording the appropriate documents in the bureau of
conveyances or land court, as applicable.
Acceptance of dedication The director shall review the submittal for completeness and
forward for review a set of the complete submittal to the corporation counsel. chief
eneineer and manaeer if applicable When the documents are in order. the director shall
submit the submittal to the council and water commission if applicable The council shall
act upon the ^ffnr nF rinrliratinn and pS[>Q~Pd strePr names by resolution. The water
commission shall act upon the offer of dedication of water improvements The County
shall record the accented conveyance documents.
Commentary. New provision; dedication procedures are not addressed presently. The
proposed procedures attempt to coordinate the council's acceptance of dedication and
approval of street names in one step.
~ we ' F,t ,t' n ,rra anti) a~tance The subdivider chall maintain all
jmprovements until the offer of dedic+tion his been accept d y the council or water
57 Subdivision Code
Master Draft 316!97
~?3-1-I
commission. as ap~icable.
Commentary. Maintenance requirement based on Freilich 3.4U) mtd 6rouglt J.i.
Article 4. Design and Improvement Standards
Commentary. Many stnndnrds are of necessity stated quite generally to provide n degree
of
flexibility while providing enough guidance to widtstarul a challenge that unfettered
discretion has been delegated to nn adntinistrntive official. Several sections estn6lish a
specific requirement or stmtdnrd and then provide for passible exceptions with d+e
language "'unless no othernlternntive is practicable." The intent is to allow e.rceptiarts
when compliance with the stated standard is not reasonably possible, without going
through a cumbersome variance procedure. The term "practicahle"should be
distinguished from "practical." The former term is memo to estn6lish n more ohjective
standard, dealing with whet reasonably can be done, rather than what is "practical"from
the developer's perspective. Rather then cluttering the ardinance with detailed technical
specifications, this detail is included in ndes to be prepared by the Department of Public
Works but incorporated into the overall subdivision rules promulgated by the Planning
Director. The more "controversial" standards are incladed !n the ordinance-- i. e., those
which tend to have a more significant impact on rite character and/or cost of dte
subdivision. The purposes of having the detailed specifications adopted as rules are: l) ro
minimise administrative discretion; 2) to develop consistent standards; 3) to provide notice
to the community, particularly the design and survey professionals, of the applicable
stnndnrds andnny changes to these stnndnrds asThey may occurfrom time to time; and 4)
provide an opportunity to comment and debate the appropriateness of dte proposed or
prevailing stnndnrds.
Division t. General requirements
e
t#eteef s#~a~eeflfe~rn-te-tie-standards-set-fon ;-:..z,'..s~r~;e~e~4~3 E.6.,f.4-a
Commentary. Incorporated into §23-4.1.
Section 23-4-I. Compliance with Stete~et~-6eurtEy-applicable rules and regulations
required. Subdivisions shall conform to [he standards set forth in this article and ndes
promulgated~ursuant to this chapter the County General Plan, other Countyplans ado tested by
ordinance the zoning map~and other provisions of the zoning code the building houeing_fire,
flood control and other gpplicab~rovisions of the County Code:
zn the requirements
of State law, County department of public works, State department of health, State department of
transportation, and County department of water supply
Subdivision Code 58
Master Drait 3/6!97
-t~+s~agt~~. i 197 C.C., c.9, art. 2, sec. -1.01.)
Conunentarv. Present!}' 2 3-?Z and -2J, mith mocfificntions.
Section 23-4-2. Special building setback lines. If special building setback lines at variance with
the provisions of chapter 2~, Zoning Code, are established in a subdivision, they shall be shown on
the subdivision plat and included in the deed restrictions. (197 C.C., c.9, art. 3, sec. 4.07.)
Commentary. Presently 23-?-l. E.camples of these special setback lines may include PUD
subdivisions and affordable housing projects exempt from State and County requirements
under HRS chapter ?01 E.
Section 23--t-3. Monuments. Monuments approved by the chief engineer shall be placed and
properly coordinated with the State survey triangulation stations at all angle points or points of
curvature in streets and at such intermediate points as shall be required by the chief engineer. All
lo[ and block comers shall be properly established and marked with one-half inch round galvanized
pipe or equal and firmly and permanently set in the ground. (1975 C.C., c.9, art. 2, sec. 4.08.)
Commentary. Presently ?3.25.
Section 23-4-4. Right-of-way improvement. The subdivider shall be required to improve the
entire street right-of-way unless otherwise approved by the director. The subdivider shall also be
required to improve anv existing streets a jacent to a per
posed subdivision when required pursuant
to &~3-4-16 Improvements may also be required for anv offsite access rights of way pursuant to
~S_3 4_I7.
a°--°~--•°°~ ^r c1975 C.C., c.9, art. 2, sec. S.12.)
Commentary. Presently 2J-95, with discretion to the director to make exceptions when
appropriate. Besides rite rights of way within the subdivision, the subdivider may also be
required to improve adjacent streets ar offsite access streets (based on Nakamura 1
Dissenting Commentary. The Commission favored deletion of this section since it does not
add or clarify any powers or duties. !t causes confusion since it could be interpreted to
mean that the entire right-of--way should be paved. The Commission opposed the offsite
access rood improvements referenced in this section.
59 Subdivision Code
Mader Draft3/6/97
~?3--.-~
Dieision 2. Blocks
Section 23-J-5. Block general design. The lengths, widths, and shapes of blocks shall be
designed with regard to providing adequate building sites suitable to the use contemplated, needs
for convenient access, circulation, control, and safety of street traffic, and limitations and
opportunities of topography. (1975 C.C., c.9, art. 2, sec. 4.04 (A).)
Commentary. Presently 23-28.
Section 23-4-6. Block sizes.
(a) Blocks shall not exceed two tiers of lots in width and thirteen hundred feet in length, except
for:
(1) Blocks adjacent to arterial streets. Long blocks shall be provided adjacent to
arterial streets to reduce the number of intersections. The recommended minimum
distance between intersections on arterial streets is eighteen hundred feet. Longer
blocks shall be used when possible; or
(2) When the previous adjacent layout or topographical conditions justify a variation.
(b) Blocks shall not be less than four hundred feet in length.
(c) The desired length for normal residential blocks is from eight hundred to one thousand feet.
When the layout is such that sewers will be installed or easements for future sewer lines are
provided along rear lot lines, [he block should not exceed eight hundred feet in length.
Commentary. Presently 23-29.
Section 23-4-7. Long blocks; easements.~edes~ien-tivays. [n any block over seven hundred
fifty feet in length, the director may require easements through the block to accommodate utilities.
dr. i age earii;ries, or pedestrian traffic.
a
Subdivision Code 60
Master Draft 3/6/97
i-1-3
Commentary. Pedestrimt facilities are addressed in a new section. The recision addresses
the Weer! far easements through a long block for purposes thnt include, but are not limited
to, pedestrian ways. Based on Freilich 1,3(1)(d)(iii~.
Section 23-a-8. Large lot subdivision. [n subdividing tracts into lame lots which are more than
double the minimum lot size for the zoning district°' -~T° ` '-a'~'~'
the director may require that the blocks shall be of such size and shape, be so divided into lots, and
contain such building site restrictions as will provide for extension and opening of streets at
intervals which will permit a subsequent division of any parcel into lots of smaller size. (197 C.C.,
c.9, art. 2, sec. 4.06.)
Commentary. Presently 23-38.
Division 3. Lots
Section 23-4-9. Lot size, shape, and setback line. The lot size, width, shape, and orientation,
and the minimum building setback lines shall be appropriate for the location of the subdivision, the
type of development and uses contemplated and in conformance with the provisions of chapter 25,
zoning code. The lot arraneement shall be such that there will be no foreseeable difficulties, for
reasons of topg~raohv or other conditions in securing building~ermits to build on all lots in
compliance with the zoning code and health rc~ulations and in providing driveway access to
buildings on the lots from an approved street Dimensions of comer lots shall be lar eg enough to
allow for erection of buildings observing the minimum front yard setback from both streets
Commentary. Presently 23-32. The revision is from Freilich 2d and will replace the vague
requirement of "lot suitable jor intended use" in 23-37.
Section 23-4-10. Minimum lot sizes.
(a) The minimum sizes of various types of lots shall be in conformance with the provisions of
chapter 25, Zoning Code, and shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development contemplated.
(b) Where property will not be served by a public sewer, lot sizes for sewage disposal systems
6l Subdivision Code
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i-4- I I
shall conform to the requirements of the State health department and shall take mto
consideration problems of water supply and sewage disposal (1975 C.C., c 9, art. se~-
4.05 (B).)
Commentary. Presently?3-33.
Section 23-4-II. Lot side lines. [n General. tThe side lines of a lot shall run at right angles to the
street upon which the lot faces, or on a curved street they shall be radial to the curve, °°~r
gfaefieaE•i4eunless avariation from this rule will wive a better street or lot plan.
Commentary. Presently 23-33. The Commission questioned the rationale for a rigid "rigAr
angle" rule. Provision should be made jot innovative tot arrangements (e. g.. ; ip lots) that
may provide n better plan. The revision is token from Freilich 2d.
Section 23-t-12. Access to lots; Through lots.
(a) Access to lo[ from street. Each subdivided lot shall abut upon a public street or approved
private street. No lot shall be platted without access on a street. The difeeteechief engineer
may indicate the side or sides of any lo[ from which driveway access shall be permitted or
prohibited. Permanent easement for access may be established upon the director's
approval. Land reserved for any road purposes (except temporary turnarounds) may not he
counted in satisfvin~ vard or area requirements of the zoning code whether the land is to be
dedicated to the County in fee simile or an easement is .ranted. (1975 C.C., c.9, art. 2, sec.
4.05 (C)J
Commentary. Presently 23-14, with clarification that the existing practice of private road
easements is allowable, however subject to the director's approval (similar to C&C 4-406).
Also clarified that a road easement cannot be included in the calculation of the lot area or
as part of the yard requirement (based on Freilich 2d 5.3.3.b).
(b) Access to and buffer from arterial streets. Where a subdivision abuts or contains an existing
or proposed arterial street, no direct drivewav access may be provided from the lots within
~h' bdivision onto this street unless no other practicable alternative is available: the
director may require marginal access streets, reverse frontage lots with suitable depth,
screen planting contained in anon-access reservation (i e.. a reserve strip) along the rear
Subdivision Code 62
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1,
- _
property line, or such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local traffic. (197 C.C., c.9,
art. 3, sec. 4.03 (L).)
Commentary. Presently 23-J 1. The restricted access for arterial streets is consistent wilt
DOT Design Mnnunl Table 4.1.1 and Brough 212. Access controls for the other street
classifications are specified in the rules.
(c) Through lots shall be avoided except where essential to:
(I) Provide separation of residential development from major traffic arteries or
adjacent non-residential activities; or
(2) Overcome specific disadvantages of topography or orientation.
(d) The director may require , at the through lots be reverse frontage lots aursuant to X23-4-
I~ The subdivision.plat shall designate the side with no right of vehicular access ttsine
standard notation for restricted access onto state highways Deed restrictions or covenants
shall disclose and bind the landowner to the restricted right of vehicular access. ~her~
a
0
a e a a
o e e
a (1975 C.C., c.9, art. 2, sec. 4.05
(E)J
Commentary. Presently §23-36. The planting screen easement has been a source of
confusion. The intended purpose of this negative easement was twofold: 1) ro restrict
vehicular access; and 2) to serve as a landscape buffer. /n some cases, restricted access
and a buffer is desirable; in other cases, restricted access is desirable but a landscape
buffer is not necessary. Furthermore, in some cases a landscape screen to buffer
incompatible uses may be desirable in situations having nothing to do with through lots.
Buffering requirements with landscape screens should be addressed in the proposed
landscaping ordinance.
63 Subdivision Code
Master DraH 316/97
i--1- I
~ ~ ~ re' - P°^ ° 'ded fer residantiel~ur~eses f 19'~E E ~ 9 ut
~ nc tc~ ~
cam- r~
Commentary. This section duplicates §?3-=1-9(relating to suitabilitvl and §23-3-
39lrelating rospecial flood {ta~ard arms).
Section 23-~3-13. Flag lots. Flag lore which consist of an access drive and the main body of the
lot shall comply with the requirements of chapter zoning code and the Following stand;trdc
The access drive shall have a minimum width of 12' a maximum length of 6(10' and a
maximum grade of I St7c:
I~ The access drive shall be the sole access for only one lot. The director may allow dual
access of an access drive after consultation with the chief engineer
(c) No more than two access driven may be located adjacent to each other:
fi_d_ll The director may denv the use of Flamm lots if their effect would be to increase the number
of lots taking access to a street as a means to circumvent road improvements.
Commentary. New provision. Currently, there are no standards' for flag lots. As a result,
there is nothing preventing the creation of a "raceway"consisting of several adjoining
poles in a layout designed to maximise the number of lots and minimise the road
improvements to be constructed by the subdivider. The proposed standards are based on
C&C LUO 3.20. The 12' wide pole is consistent with the LUO and tJte present standards
for a private road serving one lot. The maximum length is identical to the limit for ctrl de
sacs based ort a rationale ojaccessibiliry for emergency vehicles. §23-4-13(d) is jrom
Kendig (p.236). The subdivider is responsible to grade the pole to the accepted masimttnt
grade. However, the subdivider is not responsible for constructing or honding t{te access
drive as a condition of subdivision approval; the lot owner/developer bears the
responsibility. Since the subdivision code regulates the subdivider, the standards to bind
the owner/developer are more appropriately placed in the zoning code.
Division 4. Streets and Pedestrian Ways.
E~ °
sen~+FienSe~iFisF
Subdivision Code ~
Master Draft 3/6/97
/Il ~~_-~-I?
rTl
J J
'.1. 1 F0. ...6 .f.n.. .L. ,.L',,..' ,.F .tip
H T L .6.6, .4., .1 ~.1'.-~.~a' ..I n[.,.{e,..... .e6'i F .
/11 Tti- 1,' I. .l.,,~ L., .1 „1',... r.,.1' ..Inr...1 1,'`,.F~ ..,A
~1 O
Section 23-4-1.1. Street classification.
~ All streets shall be classified as either Qrimary~rterial secondary arterial collector
commercial or industrial street minor street. or local street. In classifvinc streets. the
director (with inRt from the chief eneineerl shall consider the following criteria:
The classification shall be based uQon the projected volume of traffic to be carried
the street stated in terms of the average daily traffic:
Average Daily Traffic (ADTI shall be estimated based on avera_e weekday vehicle
tri rates and density T~ eeneration rates shall be based on the number of
dwelling units served by the street. the more detailed Institute of Transportation
~,;,,P ~ r ' r', orarfnn or local trip rate studies the director may reduce the
compytted ADT for:,planned unit develoRments that allow residents to have access
r ti services in their own neiehborhood or when shuttle services or other
mifina[iO tg
r`nstwrtation mnnaeement technitues are incorporated:
~ urr.e.._.,a....,,t„r:.,;cinn <rxnnr rnnrinnrc ~xfc[iny ctreer rhat formerly terminated
outside the subdivision or it is erected that a subdivision street will be continued
~gyond the cu aivision +t some future time the chssification of the street will be
b~c d oon [he street in its entirc[v both within and outside of the subdivision
65 Subdivision Code
Master Dratt 3/6/97
3-a- I -t
Conunentan~. The present subdivision code classujies streets. but does our relutc this
classification ro trn~c volmne or design speed. Tice purpm'e of street c/assuficaanru is to
relate the physical attributes ojstreets (e.g.. rcidt{u, parking, access) ro their function in the
overall rood system. The rriddu, grade, itori;onrnl ancf vertical alignment, stopputg sibht
distances, structurn[ requirements, and other design parmneters of !otter-ro[umc
residential streets need not meet the same standards ns those streets that carry Crider ancf
heavier vehicles and greater volumes of traffic at higher speeds. Housing affordabiliro is'
promoter! by mare e[oseh~ relating design to function. Classification svsterns have been
advocated by ASCE, HUD. Brough. Listokin, and Kendig. The classification criteria is
based on Brough ?l0 and HL'D 3.0.
(b) The classification of streets shall be as follows:
EQUIV- DESIGN I,i
CLASSIFICA- ALENT SPEED
TION FUNCTIONAL DEFINIT[ON ADT DU'S (mph)
i
Arterial, Primary A street to and from major vaffic generators, and e€ee+r- 3,000+ not ap- 25-60 de-
plicable pending
ti~tereerernurtieet+erfbetween or through large areas or on terrain
communities.
Arterial, Second- A sweet intended to collect and distribute vaffic in aman- same
ary net similar to primary arterials, but to and from lesser as pri-
traffic generators, and carrying traffic from collector mary
streets to primary arterials. arterial ~I
Collector A street intended to provide for traffic movement be- 1000 - 100+ 30
tween the arterial system and streets serving neighbor- 3000
hoods and other smaller areas, but may also provide to
some extent direct ~
ac-
cess to abutting properties.
Commercial or In- A street providing primary access to businesscommer- 250 - not ap- 25
dusvial Street cial or industrial lots. 1000 plicable
Minor street A street whose principal function is to provide access to 250 - 26 - I00 25
abutting properties but is also designed to be used or is 1000
used to connect minor and local streets with collector or
arterial streets.
Local sweet A sweet intended exclusively for access to abutting prop- <250 25 20
erty, generally residential.
Special Purpose
Streets:
Subdivision Code 66
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I c
CLASSIFICA- ~ EQCR'- DESIGN
TION (Conlin- ALEUT ~ SPEED
ued) FUNCTIONAL DEFINITION (Continued) ~ ADT ~ DG'S I tmphl
i i
'i S1arginal access A collector. commercial/industrial, minor, or Iota; :reel.
street parallel and adjacent to an arterial, providing acce~; to
abutting properties so that these properties are sheltered
from the effects of the through traffic on the arterial street
and so that the flow of tmftic on the arterial street is not
impeded by direct driveway access from a large number ~
of abutting properties., ~ • ^ ^
Cul-de-sac (or A local street ~ ~ that tenni-
Dead End Street) pates in a vehicular turnaround.
Commentary. Functional definitions are bused on Freilich 6.2 as modified by Nakamva
3, except jor minor, marginal access, and cul de sac which are bused on Brough 210. One
new street class is the local street. Hawaii County Code Chapter 24 ntay need to be
amended to identify streets with posted limits less than 25 mph. ADT is from NUD 3.1,
except for local and minor whiclt are from Brough 2/0.
Section 23-4-15. Street layout in conformance with general plan, zoning, and topography. .
(a) The location, width, and grade of a street shall conform to the County General Plan and
zoning maps, and shall be considered in its relation to existing and planned streets, to
topographical conditions, to public convenience and safety, and to the proposed use of land
to be served by the street.
(b) Where the location is not shown in the County General Plan or zoning maps, the
arrangement of a street in a subdivision shall either:
(I) Provide for the continuation or appropriate projection of existing ¢~iras+pal-streets
in surrounding areas; or
(2) Conform to a plan for the neighborhood which has been approved or adopted by
the director to meet a particular situation where topographical or other conditions
make continuance or conformance to existing streets impractical.
(c) The director mav~,quire the re~son~ble dedication of ctrcetc to be constructed by the
hrh ~,1pr nr rrCPrvnrt rnr fnfurw CtrMI DnmO~^~ in orooortion to [he need being generated
~v the subdivision where necessarv for the convenient movement of traffic. effective
67 Subdivision Code
Master Draft 3!6/97
~~3-~-16
emer~~enev services efficient provision of utilities and in accordance with the General Pl:m
or zoning maps.
Canmentary. Presently 23--10. tVew provision to explicitly aurhori~e mandatory
dedication of streets when necessary and in accordance with the Gegern[ Plmi mtd Coning
maps. The constitutionality of mandating land dedication for streets mid utilities has been
tested and accepted, provided that the nrnount of land being dedicated is proportionate to
the need being generated (Frei[ich 2d, p. 198). lmp(icit is the Weer[ jot creative negotiation
by the directorfor "excess capacity"street requiremerus and how the proportionate slmre
of dte general public should be borne, perhaps by development agreement.
Section 23-A-16. Widening of existing streets within or adjacent to subdivision. When an
existing street adjacent to or within a tract is not of the width required by this chapter additional
rights-of-way shall be provided at the time of subdivision. (1975 C.C., c.9, art. 2, sec. 4.03 (G).)
Commentary. Presently 21-46, modified slightly to clarify that provision of additional
right-oj--way is required, but not improvements. The means of "providing" the required
right-of--way is open-ended depending on the situation and could include dedication or
reservation for public streets or donation for private streets.
Section 23-4-I7. Improvement of otFsite access street. The director, with input from the chief
engineer may deny any subdivision if a traffic problem would be created due to the inadequacy of
existing-public streets to accommodate vehicles from the subdivision enterin, the nublic streets.
The director or chief engineer may require the submittal of a traffic study to determine the impact
of the ~rooosed subdivision on neiehborin~ Drocerties and the existing street system. The
bdivider shall have the right to make all necessarv imnrovements to eliminate the problem at the
subdivider's expense orotherarraneements neeotiatedwith the County in a development a_reement
prepared in accordance with ch~ter 30 of the County Code. Only upon completion of the
i~rovements or as otherwise agreed in the development agreement, may the director anorove the
subdivision.
Commentary. New provision based on Kauai 9-2.10(1), which limits improvement
requirements to public (not private) streets. Maui's provision seems to apply to private
streets, but limits the requirements to acquisition of additional rights of way and does not
require the actual improvements (l8. l6.Oti0(C)). As drafted, there is na requirement to
upgrade private streets even if the private street may be substandard for emergency
vehicles.
Sutxlivision Coda 68
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~~±-~-IS
Dissenting Canmlentars~. The Commission strongly believed that any requirements jbr
offsite improvements should be addressed at the reconing stage. /f the infrastructure is
inadequate to accommodnte existing coning, then it s{lou[d be the public's burden m
provide the offsite improvements. The proportionate contribution by n subdivider should
perhaps be nddressed with impact fees.
Section 23-4-18. Requirements for dedicable streets. A street meeting the minimum
re uirements of 5~3-4-19 (future street extensions) 523-4-20 (cul de sac).523-4-~~ (right of wav.
sidewalks curbs) 5~3-4-~Z (plvement design) 5~3-4-~4 (grades and curves) 523-4-2i
(intersections) 5~3-4-~9 (street Ii~hts15~3-4-30 (street names and si~nsl 523-4-31 (utilities
location) and other requirements in this chapter or the rules adopted pursuant to this chapter. and
installed under the supervision of the chief eneineer pursuant to 523-3-14 shall be dedicable.
T 1. II J a a .C 11 ~ •..A Cr... h........1.,.. 11
C°1 D
O '
e
69 Subdivision Code
Master Draft 3/6/97
~--t- 19
V,. r.. eti. .L..n .....1 ..-a F....I. J.. - "l+ 1
H 1 . „J F..I.. .F.. ...1 J' I J' V
t -
.11 tip... - ~~ti m ~,I-, ~ ~ L. ~ ~
of F,. ..,-60. ,.F ..,......,.~e~a -6~. ti........,1 ~ F h
e6..,,, ~ ....I'.... ~ D... a...o..? . '.Ar6 ~6..~1 F,.-... r.. r6~ . ..I . .J J
F,..r6 .....J... 72 11
l,J\ A . o rl,., o ..F .I.:~ . ~L...~I 1... .1 .,J',... L.I_ ,
CQ] ~e
Commentary. Presently 23-86. The present section addresses only the pavement section
for dedicable requirements. The amendment attempts to provide n comprehensive listing
of all dedicable requirements.
Section 23-4-19. Future street extension; stubout; reserve strips; street plugs.
(a) Stubout. Where necessary to give access to or permit a satisfactory future subdivision of
adjoining land, a street shall be extended to the boundary of the subdivision resulting in a
temporary dead-end street ~itheat-a-
tea-ateat+d. The chief engineer may require temporary turnarounds to he constricted at
the end of such streets e~ ndin~ their extension when such turnarounds appear necessary to
facilitate the Flow of trafFc or accommodate emergency vehicles. with the notation on the
subdivision plat that land outside the normal street right-of-way shall revert to abuttors
whenever the street is continued. No stubout in excess of 600 feet may be created unless
no other practicable alternative is available.
Commentary. Presently 23-44 with modifications based an Brough 214(d) (the reversion
of land beyond the normal right-of--way !s from Freilich). The present provision does not
require temporary turnarounds. Nakamura 2.D, C&C 4-405(6), Maui 18.16. l 10.A. and
Brough 214(d) require temporary turnarounds at the discretion of the director. Freilich
4.3(1)(j)(i) mandates temporary turnarounds. The fire chief confirmed the need for
turnarounds. The current minimum 50'right-of--way provides suj~cient turnaround space;
however, if n lesser width is provided, then the need for a temporary turnaround increases.
The maximum length of the stubout is consistent with the limit for a cul de sac.
(b) Reserve strips Subject to &23-4-12 relati~ to access restrictions to arterial streets. the
Subdivision Code 70
Master Draft 3/6/97
,-I`)
creation of reserve strips shall not be permitted adjacent to a proposed street m ai~h a
manner as to deny access from adiacent prooertv to such street.
Commentary. Ne:v provision based on Freilich 4.3(l)(i). This provision would avoid the
e.risting practice of reserving a strip in private ownership of a rigiu of way lot abutting the
boundary to prevent or e.ener a price from the adjacent property owner for the right to
connect to the road. The use of the term "reserve strip" in the present 23-42 and -dd is
confusing-- it seems to imply drat "reserve strip" is mt unbui/t reserve for future rand
construction, while "street plug" is a built temporary dead end road. Ho:rever, by
definition, a "reserve strip" is a nonaccess reservation while a "street plug" is an unbuilr
access reservation. There needs to be clearer guidelines ns to when n "paper road" street
plug is acceptable in lieu of dte subdivider actually constructing the temporary dead end
(i. e., sntbout). These guidelines are set forth in the following section.
(c) Street plugs. The chief engineer shall determine whether street plus or construction of the
street extension will be required in a particular location. In makine this determination. the
chief engineer shall consider all of the followine criteria:
An ec~table distribution of street extension costs between subdividers of
~oinin~ subdivisions:
~ The primary beneficiary oFa future street extension should bear the major share of
the costs of installation of improvements: and
f=23 Where subdivisions of adjoininc lands is unlikely in the immediate future, street
plu~~ are preferred ,~reSeFVe-~t~ °°a
~.a' i. r o~c r• r'~ ~ ~ m cc~ ~ n _ _
SfFifl~FDlti°-f9REf6~FR°-Ft:12-aE •••t~°`.
t
~f9~81it#
M: e
Commentary. New criteria based on Maui /8.16.110. The street plug is a reservation in
favor of the County, which the County may exercise at the time of the extension by requiring
the subdivider to dedicate the street plug. /mprovements would be made by the subdivider
7I Subdivision Code
Master Draft 3/6/97
of dte adjoining propern~. Until dedicntiort, title would he held b}~ the subdivider nr oti:rr~
entity and liability would follow accordingly.
Section 23-9-2U. Cul de sacs. All permanent dead-end streets shall be developed as : ul de sacs
in accordance with the specifications set forth below.
(a) Length. For convenience to traffic and more effusive access for_e_memencv vehicles~a cul-
de-sac shall be as short as possible and shall not be more than six hundred feet in length nor
serve more than eighteen lots; provided that longer streets may be approved by the director
when unusual conditions exist.
Commentary. Presently 23-48(a). Setting a maximum atLcle-sac length is recommended
for the fallowing reasons: 1) to minimize inconvenience and beck-up time for service and
emergency vet 'es; 2) to control speeding; and 3) to minimize the likelihood that n
motorist drawn ~n by mistake will pull into n private driveway instead of using the
turnaround at t/te end of the street (Listokin, p. 302). The design stnnclnrds should be baser!
on the anticipated trn~c volume, rather than to have a single design standard for all cul-
de-sacs.
(b) Turnaround. All cal-de-sacs shall terminate with a circular tam-around of forty-€we-feet
ri_ht-of-way radius, except that a T-[urn-around or other suitable turn-around may be
permitted, if in the opinion of the director, this type of turn-around meets the requirements
of the situation. (1975 C.C., c.9, art. 2, sec. 4.03
Commentary. Presently 23-48(b). To minimize the unsightly waste ajpnved e.rpanse, the
turnaround should be no larger than necessary to permit the free « truing of the largest
vehicles regularly servicing the neighborhood (e.g., typical garbage truck or fire engine).
Hawaii County's 45'radius is the largest radius of the four counties. The C&C of Honolulu
and Kauai have a minimum radius of 35' and a maximum of 40'. Maui has a maximum
radius of 43'.
Section 23-4-21. Half streets.
(a)A half street shall not be permitted except:
(I) Where essential to the reasonable development of a subdivision;
(2) When it is in conformance with other provisions of this chapter; and
(3) When the director is shown clear evidence that the adjoining parcels will be
developed and that dedication of the other half will be made when the adjoining
Subdivision Code 72
Master Draft 3/6/97
~
property is subdivided.
(b) Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall
be platted within the tract.
(c) Reserve strips and street plugs may be required to preserve [he objectives of a half street.
(1975 C.C., c.9, art. 2, sec. 4.03 (H).)
The chief engineer may specify a minimum right-of-way and pavement width for the half
streets.
f~ The director may require that the half streets remain as private streets until the remaining
halves are completed and imQroved to dedicable standards.
Commentary. Presently 2J-47. Modifications based on Maui 18.16.120.
Section 23-4-22. Right of way width, pavement width, sidewalk and curb requirements.
(a) Minimum right-of-way and pavement widths.
r~°a~-~a,'-,°-,'a:r-The width of the right-of-way shall be desiened and developed to serve
several functions• lil to carrymotor vehicle traffic and in some cases, allow on-street
parking liil to provide a safe and convenient passageway for cedestrian traffic: and (iii) to
rve as an imRortant link in the county drainage system In order to fulfill these
functions the street width shall not be less than the minimums shown in Table 1.
Commentary. Presently 23-4/. The current minimum right-of--way width of 50' is the most
excessive of the four counties. Excessively wide streets are costly to construct and
maintain, result in more runoff, and encourage speeding. In the interest of encouraging
more affordable housing and to foster more pedestrian-oriented neighborhoods, the
proposed revisions include reduced right-of--way options for residential areas. /n
designing streets to meet neighborhood needs, the street width should be based on the
anticipated traffic volume, the need for on-street parking, and the choice of curbing or
shoulders-- referred to as the "performance approach"to street design.
73 Subdivision Code
Master Dratt 3/6/97
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. r
c ~ z n i ~ a
a
1_b_1 Curb Gutter Sidewalk.
Where required Sidewalks provide a circulation nehvork for pedestrians a
meetinyplace for neighbors and a plav area for children. However on low-traftic_
streets and low density develoement the cost of providin" sidewalks outwei_hs the
benefits Sidewalks shall be provided on both sides of the streets on all
classifications of streets located in areas zoned for sin"le family residential with
minimum lot sizes 101100 s f or less multiple residential (RM. RDI. residential-
commercial (RCXI all commercial districts industrial-commercial and resort
Qrovided however thlt [he sidewalk requirements for arterials shall_be at the
discretion of the chief en ineer or district en ineer Curbs ire required for all
streets when sidewalks are required or when otherwise required in the discretion of
the director or chief engineer.
Commentary. Presently, 23.89 and -91 authorizes only the County Council to require
sidewalks, curbs, and gutters upon the recommendation of the planning director. Tire
proposed requirement is based on DPW's Policy Mnnual D.1 and Nakamura Article 4, 4.
As drafted, sidewalks are not required in the ML district.
Dissenting Commentary. The Commission members were divided on the desirability of
requiring sidewalks. Those members opposed to the requirement believed thnt sidewalks
could detract from the Big Islnnd's rural character; those members favoring the sidewalk
requirement believed that sidewalks were necessary for pedestrian safety in higher density
developments. Resort areas may not need sidewalks within the right-of--way.
~ ('onctruction coecific~tions Where sidew Iks nd curbs ire required the
stae alks and curbs shall conform to the<c^^°'^""'^" °""~"ids scecified in rules
pQpy~ed pursuant to this chagter Only standard dropSilr~m''v he aced except that
Subdivision Code 74
Master Draft 3/6/97
- ~
roll-type curb mw be permitted 11on~ green wi[hin residential subdieisirnts in
accordance with the rules.
1~!1 Attention to handicapped. ~Vhenevercurb and ~utterconstnstion is used onpublic
streets or streets to be dedicated to the County wheelchair ramps for the
handicapped shall be provided at intersections and other major points of pedestrian
Flow in accordance with standards specified in the rules.
Commentary. New provision based on Brough 222. The rules would contnin the design
smndards that comply with the ADA and UFAS. A[l dedicable riglus of way, including dte
proposed 44' width, provide n minimum 7' width sidewalk area. This minimum width
provides a 4' wheelchair clearance from utility poles (2'setback of poles from dte edge of
pnvement plus 1' pole diameter).
~oecial conditions [n any zonine district, the director may require sidewalks on at
least one side of the street where the director finds that special conditions generate
pedestrian traffic such as in the vicinity of schools, parks. plav~rounds.
commercial, or civic facilities:
151 Planting strip For ourooses of safety and aesthetics a median strip of :rased or
landscaped area at least two feet wide shall segarate sidewalks from adjacent curbs
in areas zgned Residential with minimum lot size 10.(H)n square feet or less: in all
other areas. the sidewalk may extend to the curb:
Commentary. Visually, thestripsdosoftentheharshnessofanentirelypavedright-of--way.
Sidewalk maintenance, including the strips, is the responsibility of the abutting landowner
under Chapter 22 of the County Code.
Dissenting Commentary. The Commission members believed that the maintenance
problems connected with planting strips outweigh any aesthetic considerations.
~ Exception t ~ d' : ' r the rrnr m,y m pe exc~tions to not require
t~provision of curb ggtterc end/or sidewalks to fit with the existing or olanned
evrrnunAinn rnnAitinnc and mnv ineten(1 nrrGpt a fee. hnnd or other glarantee, or
nff~er ~eomnnhle me~nc to .na~rr rh._ a~Fulivide_r'S ptpportionate contribution to
75 Subdivision Code
Master Oraft 3/6/97
such im~ro~'ements.
Commentary. The director needs some dis'cretionc~ry potters to fit the proposed
subdivision with dte surrounding nrem'.
~ MINIb1UD1 MINIMUM ~ APPLICABLE I~!
j STREET CLASSIF[CA- RIGHT OF PAVEDIENT CURES & S[DE- ZO\[NG DIS-
! T[ON \VAY R'IDTH \VALKS TRICTS
Arterial, Primary 120' 28' required required a[
discretion of chief I
24' not required engineer or district III
engineer
i
Arterial. Secondary 80' 64' required required at
discretion of chief
24' not required engineer or district
engineer
Collector 60' 46' required RS-IOorsmaller RS
lot size. RD, RM.
RCX, CG, CV, CN,
MCX. V
24' not required RS-I~ or lamer RS
lot size. ML, MG
20' no[ required RA, Ag, !A
Commercial-Industrial 60' 46' required CG, CV. CN. MCX
24' not required ML. MG
Minor 50' 36' required RS-IOorsmallerRS
lot size, RD, RM.
RCX. CG, CV, CN,
MCX, V
20' not required RS- I S or larger RS
lot size, RA, Ag, IA
Local & Cul de sac 44' 28' required RS-IOorsmallerRS
lot size. RD. RM.
RCX. CG, CV, CN.
MCX, V
20' not required RS-IS or larger RS
lot size, RA, Ag, [A
(c) F.~ass rigt~tt of way or eacernent An easement or right-of-way widths in excess of the
.wt...,t ~~,..a.,.ds shall be required where steep slopes result from cut or fill. Such sloces
Subdivision Code 76
Master Draft 3/6/97
,
Shall not be in excess of three to one or steeper as approved by a soils en~~ineer and the
chief engineer.
Commentary. Where steep slopes result from cut and}ill, additionn[ area nul} be required
for slope maintenance either as part of the right-of--way or as an easement. Based on
Freilidl 4.3(2)(c). According to DPW, this provision may be unnecessary.
.
k... . L',. ,,I~r .e.V A~.1'~ C... F.e ',J,... F
C'I- '.k rk.,l..--.. _....-..•..C., kl',.. ...L. A~ erk.~lLk.~:..~•.,IIeA ....,~L._rk~~ ..C.L_
e e
'..I • I,. Loel 1..~.~~.,.....:e•~i..ed.~~~~e.~22L1i Li......,:: De. '_o.l Cr... r
o
o e
•e.J ,......k......... L..~a ...:•k C.IIe. .,.,d z ,.C '..,.L..~ ..C .....k..lr:..
Tr' ~ c r
.J L iC' L.~.. ..C ..L..1•'-. ...J.,... ..I:e.l: ek.m~a..~..edz...•1:~..e:....~_D-...e...e .:.i•k
~r rr r .r
77 Subdivision Code
Master Draft316/97
3'-3-'~-'-=
Section 23-4-23. Pavement design. street to be dedicated to the Countv shall have sufficient
thickness of pavement Ind compacted base course and sub-base material to support rile and wheel
loads permitted under section 291-3i Hawaii Revised Statutes as specified in the roles adopted
pursatant to this chapter The chief engineer when deemed necessary may require soil analysis and
recommendations from the subdivider by an engineer experienced in soil mechanics and/or
pavement design.
Commentary. Presently 23-86(c) witkout die detniled specifications, which s'houlr! he
included in rules.
Section 23-4-24. Grades and curves.
(a) Street grades. The street profile shall follow the natural contours whenever practical, while
~Isp considering drainage and traffic safety requirements. The grade shall be a reasonable
minimum but in no case be less than one-half of one (0.5) percent and shall not exceed
seven (7) percent on raajeF rip mare arterials, eight (8) percent on secondary arterials, ten
(10) percent on collector streets, or twelve (12) percent on any other street. No grade shall
be less than one-half of one percent at the gutter or Swale.
(b) Vertical and horizontal curves. Vertical and horizontal curves shall be so designed as to
give non-passing distance visibility in conformance with the standards specified in rules
adoptedyursuant to this chapter.
Commentary. Nakamura Article J, Sectian 2.L bases curve requirements on design speed.
(c) Modifications. Variations from the required grades or curves may be permitted by the
director and the chief engineer where advisable to meet unusual t~oeraphical conditions
includinF,.propertv with nverace sloQgs in excess of twelve (12) percent, and the chief
engineer may specify additional standards accordingly. [n no event. however. shall the
is reef grades exceed the followine:
primary arterial 8%
Subdivision Code 78
Mastar Draft 3/6/97
\~~_j_~l
Secondary arterial l0`c
~ ~Ilectorl69o
Local and Minorl3° (i9c maximum on cul-de-
sac turnarounds)
Commerunry. Presently 23-50, with modifications based an the DPVV Policy Manual F. /
and Nakamura Article 3, Section 2. K.
Section 23-4-25. Intersections.
(a) Alignment at Intersections.
As `ar as practicable, per poced intersections along one side of a etreet shall
coincide with existing or orooosed intersections on the opposite side of such street
~ ~ °a • ° _ by continuation of the centerline
thereof. The staggering of streets making "T" intersections shall be designed and
adjusted with curves and diagonals, so that where a centerline offset (joe) occurs
an intersection the distance between centerlines of the intersectinc streets shall
e n le s than I feet.' ,
(2) If it is not possible to align a street of a new subdivision with an existing street of
an adjacent track, short jogs may be avoided by establishing reverse curves in the
road alignment within a block. Such reverse curves shalt be separated from the
existing road right-of-way by a tangent, a minimum of fifty feet along to the
beginning or end of the curve. Reverse curves shall be avoided in districts zoned
commercial and industrial in chapter 25, zoning code. (1975 C.C., c.9, art. 2, sec.
4.03 (D)J
Commentary. Presently 23-43, with editorial modifications based on Brough 2i8 for
clarity.
(b) Intersection angles; comer radii.
79 Subdivision Code
Master Draft 3/6/97
(I) Streets shall be laid out to intersect at righ[ angles except where topogrtph}
requires a lesser angle, but the angle shall not be less than sixty decrees unless there
is a special intersection design.
Commeruary. :plmri I3J6.070 specifies a minirnunt nrtgle of 7i degrees (also Listokiri p.
99). Other sources suggest 60 degrees as the nrininuurt (e. g.. HUO 6.0.1, Brough ?l S,
ASCE p. 68).
L~ Corner radius. The corner radius at intersections shall accommodate the expected
amount and tune of traffic, allow for cafe nirnin~ speeds. and allow reasonable
pedestrian crossing time
i. Intersections which are at right angles shall have a minimum corner radius
along the edge of pavement as set forth below, with the street having the
highest radius requirement determining the minimum standard for all
corners of the intersection: Arteria130'
Col Iector25'
Commercial/[ndustrial25'
Minor 20'
Loca120'
ii. Intersections which are not at right angles shall have a minimum corner
radius of twenty-five feet along the right-of-way lines of the acute angle.
All other right-of-way lines at these intersections shall have a corner radius
of not less than twenty feet. If unusual topographical conditions exist tha[
will impair sight distances and create a traffic hazard, the chief engineer
may specify a larger corner radius. (1975 C.C., c.9, art. 2, sec. 4.03 (F).)
Commentary. Presently 23-45, modified to add the corner radius for right angle
intersections. The turning radii are junctions of design speed and type of vehicles. As the
radii increase, the paving cost and intersection area increase, dangerous "rolling stops"
become more frequent, and higher turning speeds are encouraged. Inadequate radii result
in increased traffic conflict since larger vehicles will encroach into adjacent lanes to
maneuver the turn or drive over the curb. The minimum radius is a compromise that must
Subdivision Code 80
Master Draft 3!6/97
~ i ~ 1
- 6
consider the effects on pedestrians in combination with vehicular rnovements. The 1~'
radius allows a design passenger vehicle at very low speed to nvn into a 10' lane Frith little
or no encroachment on nn adjacent Inne; however, asingle-unit tnrck (SU). single-artit bus
(BUS). or intermediate semitrailer (WB-40) must swing wide on both streets grid ocarpv
nvo !ones on each street. The 25' radius allows mast tracks (except fill trailers) to turn
within the confines of nco lanes ort each street. The 30' radius allows asingle-unit truck
(SU) to approach the utrn within the right lane and turn into the second lane on the cross
street. The BUS must occupy a portion of the third lone of the cross street (AASHTO, p.
706 - 709).
~ Intersection sigh[ distances and grade.
Intersection sight distance. Embankments, buildings, fences, landscapine. crops.
parkin tree overhangs sins or other obstructions shall not be designed to
interfere with the sieht distance anywhere within the sight triangle specified in the
rules adopted pursuant ro this chapter. Any vegetation or obstruction within [he
sieh[ triangle shall be less than 3' above the nearest roadway edge.
Commentary. New provision based on HUD 6.2 and DPW Policy Manual H.2.
C'.rade For puroocec of sight distance and providine a relatively Flat approach area
where vehicles store while waiting to enter the intersection, the grades at
intersections shall conform with the standards specified in the roles adopted
Qursuant to this chapter.
Commentary. DPW presently follows the standards in AASHTO (p. 445) and the DOT
Design Manua! (p. 6-3). HUD 6.3.4 suggests a standard of S9o within 50' of the
intersection.
Section 23-4-26. Private streets.
~ When permitted Private streets that do not meet the public street standards rosy be
~ hl'~t,.d within a subdivision The preliminary olat must clearly identify the streets
n i Y to be private A street meetine only~he minimum requirements of this section
cannot be dedicated to the County The DeQartment of Water Supply shall be consulted
a' a' ' a which the pstblic water system rosy be extended into a private
ureet The Qriv,rr ctre~r shall be m+int~ined by the subdivider or lot owners beine served
81 Subdivision Code
Master Draft3!6/97
by the street in such manner that adequate access by vehicular traffic and sen~ices is
permitted at env time so that fire, police, health and public utility vehicles can service the
area. [f private streets are not maintained, the director, chief engineer or manager may
determine that the maintenance is inadequate to provide necessarv services for the
subdivision and upon 30 days' written notice to the individual owners or homeowners
association public services may he withheld from the area until adequate access is
provided for such services.
Minimum standards. Private streets shall be designed to the same standards as public
streets. except as follows:
Right of way and pavement widths.
i. Dead end streets. A private dead-end street may be established upon
approval of the director or chief engineer. The street shall provide access
to six-ten lots or less ^-..o°--~ °
^a
{+~~t-iM#isEkapteFand shall be restricted only to residential and resort
lots and those residential-aericulhtral and agricultural lots zoned for less
than three acres. All dead end streets shall terminate as necessarv with a
suitable tam-around that meets the requirements of the director or chief
enn•ineer without from the fire chief. The street shall be as short as
pocsible end shall not be more than six hundred feet in length: provided
that loner streets may be aQproved by the director when unusual
ri'r'n~c r,xicr Thr fnllnwin¢ shall be the minimum pavement width Ind
ri¢ht-of-wav:
Pavement Right-of-Way
Number of Dots Width (feet) (feet)
I lot or dwelling units $ 12
Subdivision Code 82
Master Dratt 3/6/97
-1-~6
Pavement 'I Right-of-11'ay ~i
~I Number of Lots v~'idth (feet) ~ feet)
2 lots or dwellingnits 12 ~ 16
i~
3 lots or dwelling units 19 18
1 to 6 lots or
dweh units f6 ?0 i
7 to 10 lots or dwellin, units 18 24
- -
Commentary. The director, chief engineer, or fire chief may require suitable nvnarourtds
as necessary. The length of a pricnte dendend has been limited to 600', similnr to the
dedicable standard for cul de sacs. The permitted number of lots (or [hve[ling units) thnt
may be serviced by a private dead end street has been increased to n maximum of ten. The
masimum is less than the limit for dedicable cul de sacs to discourage private dead ends,
and also dedicable cul de sacs have n higher stmtdard in terms of the pavement and right
of way widths. Since the standards are based on ti:e anticipated trn~c, if n for
accommodates multiple dwelling units (e.g., RM, ohana), the number of dwelling units
rather than number of lots is pertinent.
ii. Allevs Allevs may be established upon approval of the director or chief
engineer and shall be restricted only to residential residential-
commercial resort. commercial, commercial-industrial. or industrial lots.
The minimum Ravement width and right-oF-way shall be twenty Feet.
iii. Minor and Local streets Private minor and local streets may be
established upon approval of the director or chief engineer and shall be
restricted only to residential resort residential-agricultural and
~ricultural lots The minimum pavement width and right-of-way
improvements shall be adequate to accommodate the anticipated vehicular
~j -~r?ncrrian rraffjc volume and provide a minimum twenty-foot
~tearance at all times to accommodate emergency vehicles. An engineers
stamR on the construction glans shall be considered as a certification that
this standard has been met.
iv. Private entrances. All entrances to subdivisions with private roads shall
83 Subdivision Code
Master Dratt 3/6797
t»_.y_~~
have unresvicted access to enable Z~-hour access be enxretnc~ or u[ilin
vehicles. The pavement width and curb radius a[ the entrance ,hall be
adequate to accommodate an emergency vehicle on one puss.
Commentary. Radter dean specifying minimum widdts, this section instead provides
performance criteria to accorrmtodate the anticipate.. vehiadar and pedestrian calurne ns
well as emergency vehicles'. The minimum 20' clearnnce for emergency vehicles can he met
with on-street parking restrictimu (e. g., no parking, one-side perking) in cornhination with
traffic controls (e. g., one-way traffc). The intent of this section is' to enable innorution for
purposes of erthancing pedestrian friendly streets and housing affordability.
(Z) Street Surfacing.
i. Agricultural district. A street serving areas zoned a~riculmral for lots of
three acres and over shall have asix-inch minimum fine select borrow base
course with non-pavement surface treatment acceptable to the chief
en;ineerand•ordirector. Preparation of the surface, application of surface
and utilization of equipment shall conform to standards s~tecified in the
rules adored pursuant to this chapter
' , subject to the condition that a portion of a
roadway where the grade is eight percent or greater shall be built to paved
requirements of this chapter or the ntles.
~ ~ i - r ..,,._..e,...... ~z Ze Where a
0
subdivision street connects with a State highway, the standards of the
pavement within the State highway right-of-way shall conform to
standards adopted by the State department of transportation.
ii. Other districts A private street servinc lreas zoned other than acricultural
°~~II have an all-weather design built to requirements specified in the ntles
a~Qp~pstrsuant to this chapter The chief ensineer and or director may
request soil eneineerine studies or other dxumentation Where a
subdivision street connects with a State hiehwav the standards of the
Subdivision Code 84
Master Draft 3/6/97
2_ ~-'-~6
pavement within the State hi~hwav right-of-wav shall conform to
standards adopted by the State department of transportation.
(3) Sidewalk, curb, and gutter Sidewalks ~ shall be required as
needed for the safety of pedestrians. In considering the need for such sidewalks
and the appropriate location of sidewalks, the director shall consider the following
factors in addition to any other relevant factors:
i. Pedestrian circulation within the reserfarea;
ii. Interaction of vehicular traffic to pedestrian traffic;
iii. Interaction of pedestrian traffic with uses -gym-within the
subdivision and applicable adjacent area; and
iv. Topography and slope of the area.
v. If consistent with pedestrian safety and with the factors listed above, said
sidewalks may be constructed along roadways or at other suitable
locations to accommodate pedestrian traffic whether or not the sidewalks
are adjacent to Nett-the streets.
Commentary. Presently 23.95. with al! reference to resort subdivisions deleted.
Dissenting Commentary. The Commission believed that sidewalks should be nt the option
of the subdivider for private roads.
(4) street liohts Street liehts shall not be required unless determined by the chieF
g~inrPr or director to be necess~ for oublic safety
(5) Other. Divided roadways may include medial separations and elevations
separations.
(c) Recorded Notice of Private Street. The subdivider shall submit a recordable document with
the director which shall describe all non-dedicable streets, the ownership thereof and access
rights thereon for all lots in the subdivision and the maintenance rights and responsibilities
therefor. The document shall contain statement as follows: that non-dedicable streets
g5 Subdivision Code
Master Draft 3/6/97
within the eeserf-subdivision have not been built to the standards required far scree[, bleb
are dedicable to the County of Hawaii; that such streets will accordingly not be accepted
for dedication unless they are brought into compliance with the requirements for dedication
as of the time they are offered for dedication; and that the County of Hawaii is not
responsible for maintenance of such non-dedicable streets. The document shall be in a
form acceptable to the chief en~ineerand corporation counsel. For subdivided land within
the jurisdiction of the land court, such document shall be recorded with the land court. For
all other subdivided land, the document shall be recorded with the State of Hawaii, bureau
of conveyances. The subdivider shall, prior to final approval, deposit a duly recorded copy
of this document with the director.
Dissenting Commentary. The Commission believed that disclosure laws provide sufficient
notice and private covenants should not be the responsibility of the County.
Commentary. Presently 23-57 and -38, modified. The modifications incorporate the
existing standards adopted for resort subdivisions relating to medial separations,
sidewalks, and recorded disclosure notice (Ord. No. 92-138), and applies these standards
to all private streets. Other counties (i. e., C&C of Honolulu, Kauai) require all private
roads to be constructed to dedicable standards. The reasons to continue to allow differing
standards for private streets are: 1) to provideflexible and affordable access options; and
2) to allow the opportrutiry for innovation with new materials or new concepts of land
planning (ULI, p. 219). The provision to withhold public service if maintenance
deteriorates below acceptable standards to allow access for public services is from C&C
5-503. Unless specified in this section on private streets, it is presumed that all other street
standards specified in this chapter apply to private streets for purposes of public safety.
Section 23-4-27. Street trees. Street trees provide shade and character along the street. buffer
traffic noise and filter pollution The subdivider may plant street trees within the right-of-wav or
ti ti 6r f ~ 'd d rh~r ~ Ctrc r T r PI acing Plan submitted with the
construction plans indicative the quantities locations tvces size and plantine scecifications shall
~ ~ewed and aRproved by-the director chief engi~P~r end director of Darks and recreation For
Subdivision Code 86
Master Dratt 3/6/97
----,s
street trees within ri~htc of way to be dedicated to the County the subdivider shal~lant and
maintain the street trees [o the acceptability of the director of parks and recreation and until such
time a~ the streets are accepted by the county.
Commentary. New provision based on C&C ~J13, e.rcept that the provision encourages
but does not require the subdivider to plant street trees. The C&C requires subdividers to
provide street trees (also Listokin p. 35, Freiliclt 4.10(2). and Brough 315 suggest
mandatory requirement). The main concern is whether the county is willing and ahle to
maintain the trees (see DPW Policy Manual F.2). The added maintenance burdens include
trimming and cleaning fallen [eaves or other debris that could clog drywells or other
drainage systems. Subdividers could be encouraged to provide street trees within
landscaping easements abutting the right-of--way and maintained eidter by a lmmeowners
association or the individual residents. This street tree provision should he coordinated
with any proposed landscaping ordinance.
Dissenting Commentary. The Commission expressed divided opinions-- some agreed with
the aesthetic and climate control values ofstreet trees, while others expressed concern with
maintenance costs and potential visibility obstructions for sight distances and signs.
Section 23-3-28. Pedestrian and bike ways.
~ Pedestrian Ways Pedestrian ways are alternative walkway systems located away from
street rights of way The director may require the subdivider to provide a dedicable
perpetual easement at least 10' wide for public use and improved to standards specified by
rules ado~d pursuant to this chaffer with a minimum 5 feet wide pathway to provide such
access:
~ Whenever the director finds that a means of p,destrian access is necessary from the
bdivision to schools Rarks olav¢rounds shoreline or mountain areas or other
rn~dc nr fscil irivc and that such access is not conveniently provided by sidewalks
adjacent to the streets: or
(2) In any block over seven hundred fifty feet in length, the director may require
creation of a pedestrian way at or near the middle of the block, or if unusual
conditions require blocks longer than thirteen hundred feet, two pedestrian ways
may be required.
g7 Subdivision Code
Master Dratt 3/G/97
e~, -'9
_r-.
~49r~i5-~-(-~~E~.--6~,
..--mr~. 52E.
Cornmentnry. Presently, ?3-31 e.rpnnded to give the director r(iscretion to require
pedestrian ways to major public attractions 6nsed on Braugh ?16(e). rilsa clnrtfied that
the pedestrian way is a perpetual easement and not a rig/tt of way, with the implicit
assumption that t/te pedestrian way will be privately maintained. The minimum width of
for the improved pathway is based on the DPN Policy ,Llanunl E.3 to allow for pnssirtg
bicycles. The detailed specifications in the present ?3-90 sftould be transferred to DPW's
construction specifications rules. Hmvaii Revised Statutes 46-6 and -6.5 require dre
counties to adopt ordinances requiring subdividers to dedicate land for perks nrul public
access to the shoreline or mountain areas. Until Hnwnii County adopts n public access
ordinance (Bill No. 53J pending), the director may not have atttltori~ntion to require
dedication to shoreline or mountain areas.
Bikeways Bikeways consist of bicycle routes, bicycle lanes, bicycle/walk paths. and
bicycle maths Where there is no community bikeway system, the subdivider has the option
to include bikeways in the new development Where a planned bikew~~r system exists new
bikeways shill tie into that system Where provided as part of dedicated ri,hts of way or
easements the tvRe of facility shall be noted on the preliminary and final nlat man. and the
subdivider shill improve and provide si~na~e in accordance with the rules adopted
pursuant to this chapter.
Commentary. Studies elsewhere have shown that hotseholds in neighborltaods with high
quality pedestrian environments are significantly less reliant on the automobile then
households in more pedestrian hostile neighborhoods (see Parsons, Brinckeritoff; Qunde
& Douglas, Volume 4A: The Pedestrian Environment, prepared for 1000 Friends of
Oregon LUTRAQ Project). The four alternative types of bikeways are 6nsed on the County
of Hawaii Bikeway Plan (April 1979). The rules would specify the design details of
bikeways based on the Plnn and AASHTO, Guide for the Development of Bicycle Facilities
(April 1991).
Section 23-4-29. Street lights.
(a) Street lights shall be constructed ~l4.nr: streets dedicated to the
County in accordance with the following
L~
2 Subdivisions within the residential (RS RD RM RCX). resort (V), commercial
Subdivision Code
Master Draft 3/6/97
_fl
(CV CG C~'1 and industrial t~1L. ~~IGI districts or
(3) In other zoning districts or privata roads where the chief engineer deems it
necessary for the protection of the public safety and welfare.
(3) The street lights shall conform to the ' ~
standards specified in the Hiles adopted pursuant to this
chaffer and outdoor li~htin~ requirements specified in chapter 14 article 9 of the
County Code. The construction of street lights shall be made a part of the contract
for subdivision improvement and installed coincident with other required
improvements. (1975 C.C., c.9, art. 2, sec. x.09.)
Commentary. Presently 23-93. Modifications based on Naknntttrn Article 4, 8 to clarify
that street lights requirements are limited to dedicated streets within specifieA zoning
districts (i. e., not required for agricultural and rural-agricultural districts). The C&C has
detailed requirements for energizing and bonding the installation of street lights ns part of
the subdivision ordinance (R.O. of Honoltt[u 22.2.1 et. al.
Dissenting Commentary. The Commission expressed concern that the proposed
requirement for street lights on all dedicated streets within specified coning districts would
detract from the rural character of the Big /sland.
Section 23-4.30. Street names and traffic signs. Street name signs showing the names of
intersecting streets shall be erected by the subdivider at each street intersection. The type and
location of street name and traffic signs which shall be created by the subdivider shall be subject to
the approval of the chief engineer and shall conform to the standardc~.cpecified in the rules adopted
pursuant to this chapter (1975 C.C., c.9,
art. 2, sec. S.10.) No street names shall be used which may duplicate or may be confused with the
name of an existing street in the County, provided that identical or similar names may be used to
name extensions of existing streets. Street names for pstblic and private streets shall conform to the
adopted policy set forth in the rules adopted gurcuant to chic chanter and shall be cubiect to review
¢y the director'
~eeunsif. The council shill approve comes for streets offered for dedication to the
$9 Subdivision Code
Master Dratt 3/6/97
3'~-~-= I
Countv The director shall approve names for private streets.
Commentary. Presently 23-9.1 mul -49, kith modifications to require street rmmes for
public and private streets. By deftrzition. Chapter 22 requires street name npprozril ooh
for streets dedicated to the county. T/ze C&C Subdivision Regulations and Kauai County
(9-2.3(g)) have narnenclnuzre standards to Home streets; with these detailed smndards, the
approval of street Homes has been delegated to nn administrative agency. Kauai requires
street names for all streets serving nvo or more lots or unib', as well as pared wide n
minimum l8'rigiu of way. The proposed new section on dedication procedures
consolidated the council's approval of street names with the ncceptmice of der(icntion.
Approval by the Planning Commission has been deleted. Besides selecting n Hawaiian
name, the policies far street names should perhaps encourage the promotia~ of n sense of
place by selecting Hawaiian names that relate to existing features-- i. e., unique nnnva[
features in the urea, or historic Homes or events connected to the area (see, for e.rnnip(e,
Kauai).
Division Utilities
Section 23-4-31. Utilities location within streets and State highways.
(a) In general, all utilities shall be located within the street width, and government owned water
mains shall be located in the paved areas, except that water mains of a suburban water
system may be located as designa[ed in the area between the edge of pavement and the
property line when approved by the chief engineer and manager. Where practicable, sewer
mains shall be located in the paved area between curbs.
Commentary. Presently 23-54(a), unmodified.
(b) On State highways, all utilities shall be located in the area between the edge of pavement
and the property line. Where practicable, a minimum distance of six feet shall be
maintained between the edge of pavement and the location of the utilities. Utilities may be
permitted to cross the highway on a line perpendicular to the centerline of the highway.
Under certain conditions the utility may be permitted to deviate from the normal line but in
no case shall the angle between the utility and a line perpendicular to the centerline exceed
forty-five degrees.
Commentary. Presently 23-54(b), unmodified.
(c) Location of utilities within street impractical; alternative. If in the opinion of the director,
Subdivision Code 90
Master Draft3/8/97
the chief engineer and manager, the most suitable and reasonable location for anv of the
utilities, such as sewers, storm drains, water and gas pipes, electric and telephone pole lines
and conduits, which are likely [o be required within a subdivision for the service thereof or
for the service of areas in the surrounding territory, does not lie wholly within the street
width, the director may require provisions to be made for the location of such utilities on
routes elsewhere than within said street width. The subdivider shall designate the required
area for all such utility locations outside of the street width and shall deliver a proper
easement or right-of-way for the area including a maintenance access easement where
necessarv.
Commentary. Presently 23-55, with modification to include access easement.
Section 23--t-32. Easements for utilities; size; conveyance.
(a) Easements or rights-oF-way for sewers, storm drains and government owned water
facilities shall be at least fifteen feet in width and centered on rear or side lot lines except
for guy-wire tie-back easements, which shall be three feet wide by twenty feet long along
lot lines at change of direction points of easements, except that this width may be modified
where the chief engineer or the manager, whichever is appropriate, finds that a greater or
lesser width is necessary or satisfactory for the purpose of the use of the area. Easements
for maintenance access roads where necessarv shall be at least fifteen Feet wide.
(b) Easements or rights-oF-way for all government owned utilities including storm drains n~
maintenance access roads. except those under the jurisdiction of the department of water
supply, shall be conveyed to the County and documents shall be delivered to the Council
for acceptance. Easements or rights-of-way for water facilities which are under the
jurisdiction of the department of water supply shall be conveyed to the water commission
and the documents shall be delivered to the water commission for acceptance.
Commentary. Presently 23-54 to -Sri. Other jurisdictions include requirements for
electrical service. By remaining silent on this matter, the existing requirements implicitly
9l Subdivision Code
Master Dratt 3/6/97
~3;-1-;;
permit overhead electrical mid cornrruuiitatian lines (C&C R.O. ~.1, .L/au~ IS?J.I~lOr6,.
and Nakamura Article 10 require underground uti[it}~ lines); also, there nre no ~rtaulards
to require electrical serriee for nii new subdivisions (~Lfaui 13.20. /40(AJ and ,Nakamura
Article 4 l0(AJ e,rpiicitly e,eernpt agrieulttval subdicisionsJ.
Division 6. 1Vater
Section 23-3-33. Public water system available.
(a) Where the subdivision is within the service area of the public water svstem and the
dennrtment of water st~ly determines that adequate water supply is available the
subdivider shall provide a water system meeting the minimum requirements of the County
department of water supply.
(b) Water system improvements and fire hydrants installed to and within the subdivision shall
be designed and constructed in accordance with rules and regulations of the department of
water supply, adopted in conformity with article VIII of the Charter. (1975 C.C., c.9, art.
2, sec. 5.01.)
Commentary. Presently 23-84. As drnjted, there are no requirements to connect to the
public water system if t{te subdivision is outside the service aren regardless of proximity.
Listokin (p. 71) has suggested provisions that require connection based on the number of
proposed units-- e.g., jor 3-unit development, connection required if within 600'; for
developments 5•/5 units, connection is required if within 1000'.
Section 23-4-34. Public water system not adequate or not available.
~ Where the subdivision is not within the service area of the public water svstem with
adeq-uate capacity subdivider shal~rovide a private water svstem that meets the
tgguirements of the State department of health ac applicable for any subdivision with I I
t„r~ F~~ sutldiyisions with less than I 1 lots. the subdivider does not have to
Rrovide a water svstem if the subdivision is located in an area that receives at least 80"
median annual rainfall• ~ovided however that if the director reasonably believes that the
tea' 'a ~~s,ph ~h~~ ~ 'on aonlic lions to circumvent the requirement to
^°•^II a p,~vate water svstem the director may deny the application The director may
~guire the subdivider [o construct a communal fire ressrve water tank with a capacity
Subdivision Code 92
Master Draft 3/6/97
1, t-. .
determined by the director with input from the fire rnmf.
Commentary. The Planning Dennrnnent presently reviews water entchrnent proposals
through the variance procedure. The proposed provision would permit catc{mterits for
smaller subdivisions. Larger subdivisions not within the service wren should provide n
private venter system (or connect to the public system). The Department of Health
regulations for potable venter systems (Hazvnii Administrative Rules Chapter I I -20) apply
to community rcatersystems which serve nt [east !5 service connections used byyear-round
residents ar regularly serves nt least 25 year-round residents. Based on the average
household site for the Big /stand (2.8 persoc household bused on the 1990 Census for
Hmvaii County), a private water system serving mare than 8 lots could be regulated by the
r.~,-~artment of health (8 lots multiplied by n household size of 2.8 totn(s approxirnntely 25
persons). Since this estimate based on DOH jurisdiction is close to the number of lots
permitted on private deadend streets I this number was used to be consistent. Tire UH
Water Resources Research Center has drafted construction guidelines for catchment
systems (pursuant to HCR 214/1994.) The guidelines recommend a threshold oj80"
annual rainfall where catchments could be permitted without dealing with additional
requirements for conservation devices.
Recorded notice. The subdivider shall submit a recordable document for review and
a~,proval~t
v the director and corporation counsel that incorporates the following
repuirements~
I~ provides notice to each lot purchaser that the lot is not serviced by a public water
svstem. and that any future connection to the public water system would be entirely
at their expense:
for water catchment subdivisions. commits each lot owner to construct a water
catchment accordinP to the standards Qjpuidelines that may be issued ¢y the
County or State: if no standards are available at the time of construction. the lot
gwner shall provide a catchment system to meet the minimum needs of the
household fora 3-month supply. and shall provide sufficient capacity for fire
~h4J~.~p tr pcec if there is no communal fire reserve water tank
Dissenting Commentary. Deletion of this recorded notice is consistent with the
Commission's opposition to recorded notices required for private streets.
Division 7. Wastewater
Section 23-4-35. Sewer system available. ,
93 Subdivision Code
Master Draft 3/6/97
3--~- ~ 6
Sewer lines shall be installed where the subdivision is within fisa hundrad lineal fact o: .n
existing sewer system. When required by the Department of Health, the subdivision sewer lines
shall conform to the minimum requirements of the department of public works. Where the
subdivision is located in an area~lanned for sewers as defined by section 21-6 of the County Code
the subdivider shall comQly with the requirements of that section.
Commentary. HmvaiiCauntyCode2/-6 addresseswhena"dry"sewer would be required.
"Dry"sewers are required far subdi visions where the County pima to sewer by 1999. ;Llaui
County (l8.20.20(c)) regt<ires the installation of sewer lines connected to a comnumin
cesspool system for subdivisions witltin the area served by a public sewer project listed in
the county's capital improvements program or budget. Freilich 2d (5.6(3)(6)) and Listo%in
(p. 77) provide alternative requirements jor "dry" sewers.
Section 23-4-36. No sewer system available. In subdivisions where sewer connections cannot
be made [o an existing sewer system under the requirements of this chapter, the subdivider shall
meet [he minimum requirements of the State health department relating to sewage disposal. (1975
C.C., c.9, art. 2, sec. 5.02.)
Commentary. Presently 23-85, unmodified.
Division 8. Drainage
c ~z o~ r a .t a r a~..,... ~..,rr ti.. a,...,, ....a a...~......~ .-a,.,ir
a a
Section 23-4-37. General. _
~ 'rhP rlicrharvr of crnrm water shall conform to an applicable reeional watershed
manage[=nt pJ~~ t~ rhP ah~P~ro ~f , regjonal plan the diccharee of storm water shall
conform to the standards in this chanter and rules adopted pursuant to this chapter
~ The use of ce terns such as ¢racsed cwales waterways and infiltration beds thlt
Sombine natural storage cercolation and channeling techniques shill be used to the extent
Qracticable.
j~ ^•ainaegsvstems shall be designed to prevent major property damaee and lost of life from
Subdivision Coda 94
Maser Draft 3/6/97
~'-=-35
[he 100-tear storm as well as to protect development streams draina~ewavs and sweet.
from erosion, sedimentation and increased runoff from the ten-vear storm. For the 100-
year storm, there shall be no increased threat to downstream property under fully developed
conditions For the ten-vear storms the Weak rate of flow at all points along the tract
boundary shall not be greater than the predevelopment value.
To the extent~racticable lot boundaries shall coincide with natural and man-made
drainage ways within subdivisions to avoid the creation of lots that can he built upon only
~alterin~ such drainage wows
Commentary. Ne~v provision based on HUD and Listokin to establish n policy that
recognizes that n regional plan, where available, is the preferred management strategy for
storm water. The policy also recognizes that natural systems that slow runoff and
encourage on-site infiltration are preferable to concrete channelization-- such systems
reduce costs and replenish grottnd«nter sources by reducing and delaying the release of
surface water runoff: Recognizing also that it is impracticable to design for the worst case
event, the policy makes explicit that drainage systems should be designed to handle a major
storm (100-year) as well as more frequent minor storms (!0•year).
Section 23-4-38. Accommodation of upstream drainage areas. The drainage facilities shall be
Inr a enou h to accommodate Rotential runoff from the entire upstream drainn~e area whether
inside or outside the subdivision assuming conditions of maximum potential watershed
development permitted by the zoning code The subdivider's engineer shall determine the
necessary size of the facility, based on the standards specified in the rules adopted pursuant to thic
chapter and a drainage report to be submitted by the subdivider with the construction plans when
~gguired by the chief en it' Weer,
Commentary. New provision from Frei[ich 2d 5.4.2.d. Kauai Cottnry has a similar
provision for "oversize drainage jncilities" (9-2.6(c)).
Section 23-4-39. Special flood hazard areas. All subdivisions within the special Flood hazard
areas as defined in Chanter 27 of the Countv Code shall be subject to the requirements of Chanter
27 including without limitation the identification of the scecial Flood hazard area boundaries. base
a1.....i a6.....: ra+...: L.LIe\ n...i ..•..••nil .twarinoc nn rt,. <ubdivision plat mans. and construction
9$ Subdivision Code
Master Draft 3/6/97
3--4--10
restnctions and standards for anv improvements wi[hin the special flood hurud areas
s..'.L, e c.,F.,.., ci.,.,a u..,.,.a n~.-..~,.. o.,.
a
..rl..~.......• ...I t,., r..4.1.. F,.. r6., t,.. . ,.F
e_?:~ c
e~
~ ,
o e
t#4fefF0F
,J .J I' n A A
a
1 6 111. II a' t1 6..1:...'..,.F...,CC,I'...-
e
C.•.•.:,,.. 'l1 Ill'/ C,.. .1'~....~.,I F..,.:I'r. CII A:e e~:.•• hl~.rv.,~..~d;cm~..t F..,.:q~~~t~.a~6.y
e
o e
Commentary. Replaces and updates the present Article 8 by deleting reference to the SF
district and referencing Chapter 27 (Flood Control Ordinance). Chapter 27 has
development standards for subdivisions in 27-47 to -S0.
Section 23-4-40. Drainage improvements and easements.
(a) Drainage improvement. .Grading shall be done and drainage
structures shall be provided by the subdivider as are deemed essential by the chief engineer
to protect roadways and the public hsed nn criteria s~ified in the rules adopted pursuant
subdivision code 96
Masler Draft 3/W97
-ai
to this chapter.
Commentary. Presently 2J-92, modified to coastrnin the chief engineer's discreaort Gc
specified criteria adapted by rzdes.
(b) Drainage easements. 1Vhere a subdivision is traversed by a natural water course, drainage
way, channel, or stream, there shall be provided a drainage easement or drainage right-oF-
way conforming substantially with the lines of such water course, and of such further width
as will be adequate for the purpose.
rer}a~red.
The easements shall include maintenance access roads, fences or other suitable
maintenance and slfety facilities as required by the chief engineer in accordance with
standards s~cified in rules adopted pursuant to this chapter.
Commentary. Presently 21-30, modified to include maintenance facilities similar to ,'Maui
18.20. l39(B).
Division 9. Other Public Areas
Section 23-4-41. Dedication for parks, playgrounds, and public access. Subdivider shall
comply with the applicable requirements of chapter S (relltin~ to park dedication) and chanter
(relatin to public access to shoreline and mountain areas) of the County Code and other related
ordinances pgrtainingto Dark or public access dedication.
Commentary. Hawaii Revised Statutes 46-6 and -t5.5 require rlte counties to adopt
ordinances requiring subdividers to dedicate land for parks and public access to the
shoreline ar mountain areas. Hawaii County adopted the pork dedication ordinance
(Chapter 8), and recently adopted a public access ordinance (Ord. No. 96-/7).
Section 23-4-42. Reservation for parks, playgrounds, and public building sites. The
subdivider of a parcel of land capable of supporting two hundred dwelling units shall reserve
suitable areas for parks, playgrounds, schools, and other public building sites that will be required
for the use of its residents. Five percent to ten percent of the land area, exclusive of streets, shall
be reserved for recreational and public use, for a period of two years for acquisition by a public
agency. Outstanding natural or cultural features such a scenic spots, water courses, fine groves of
trees, heiaus, historical sites and structures shall be preserved as provided by the director. (1975
97 Subdivision Code
Master Dralt 3/6197
y,, ~
C.C., c.9, urt. sec. ~.IUJ
Commentary. Presently 23-?6, tutmorfified.
[END OF SUBD[V[S[ON CODE[
SECTION 3. This ordinance shall take effect upon its approval. All applications for subdivision
approval, including final plats, pending on the effzctive date of this ordinance shall be reviewzd
under this ordinance except that this ordinance will not apply if preliminary subdivision approval
was obtained prior to the effective date of this ordinance and the subdividzr has constructed
subdivision improvements prior to submission for final subdivision approval unless the Planning
Director determines an the record that application of this ordinance is necessary to avoid a
substantial risk of injury to public health, safety, and welfare.
Commentary. This section clarifies the npplicabiliry of any new standards or procedures
under this ordinance to pending npp/icatians (bused on Freilich 2d l.6).
SECTION 4. This ordinance shall not be construed as abating any action now pending under, or
by virtue of, prior existing subdivision controls, or as discontinuing, abating, modifying, or altering
any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or
corporation, or as waiving any right of the municipality under any section or provision existing at
the time of adoption of this ordinance, or as vacating or annulling any rights obtained by any person,
firm, or corporation by lawful action of the,County except as shall be expressly provided for in this
ordinance.
Commentary. This section clarifies the status of any pending enforcement or appeal
actions (based an Freilich 2d l.8).
Subdivision Code 98
Master Dratt 316197
enforcement
q construction of improvcmcn[s
access certilicauon upon completion 48
offsite street improvement 68 improvements required 59
private scree[. 24-hour access 33 inspection during 48
required to each lot 62 inspection (ee 46
restricted access for through Tots 63 notice to start 47
retrictions (or arterial streets 62 permits 47
alley release of surety after completion 55
definition 2 time IimiL [o complete 42
private street 83 time limit, to start 45
appeals construction plans
performance pending appeal 20 decision 45
procedure 19 review by agencies 44
standard of review 20 submittal prior to start construction 47
standing 19 submittal requirements 44
of variances 25 time limit to start construction 45
applicability, See subdivision, definition of comer radius. See in[ersection
application cul de sac
completeness of 9 definition 4
filing fee 10 length 72
form. contents of 34 performance criteria 67
arterial street [umaround 72
curb, gu« er & sidewalk 76 cur- and gutter
definition, primary arterial 7 ~swction specifications 74
definition, secondary atterial 8 ::andicapped ramps 75
marginal access sveet 67 planting strip 75
performance criteria 66 private street 85
restricted access 62 where required 74
width 76
average daily [mffic (AD'f~ D
definition 3 dtadend street
used in street classification 65 See also cuI de sac and stubout
definition 4
B Private 82
bikeway 88 temporary 70
block dedication
definition 3 dedicablc street requirements 69
general design 60 maintenance of areas until acceptance 57
large lot subdivision 61 mandatory. director may require 67
long blocks 60 parks and public access 97
size 60 preliminary plat 38
bonding procedures 56
agreement to complete construction 48 deed restrictions or covenants
amount 49 private street 53.85
other acceptable guarantees 49 private water system 93
release of surety 55 restricted vehicular access 63
building line. Ser setback line special building setback lines 59
design and improvement standards 58
C compliance with applicable State and County standards 58
cemeteries drainage improvements
application fee, See fees capacity, accommodation ofupstream areas 95
exception from standards 12 easements 97
collector street general principles 94
curb, gutter & sidewalk, where required 76
definition 7 E
performance criteria 66 easement
width 76 access 62
commercial or industrial street definition 4
curb, gutter. & sidewalk, where required 76 drainage 97
definition 7 utilities 91
performance criteria 66 enforcemen[
width 76 adminisuative enforcement 31
consolidation and rcsubdivision criminal prosecution 29
definition, consolidation 3 injunctive action J I
exception from standards 12 no building permi[, utility hookup, or dedication without
Index- I Subdivision Code
Master Draft 3/6/97
exceptions
Ilnal approval lot
no conveyance wuhout final approval 28 access required 6'_
no «corda[ion without final approval 27 definition 3
no subdivision without final approval 27 flag. See Ilag lot
remedies cumulative 33 minimum size 6I
exceptions relation to arterial streets 62
cemeteries. See cemeteries side dines 6'_
consolidation and resubdivision. See consolidation and size. shape, setbacks 61
resubdivision suitable for intended use 61
farm subdivision 16 through. See throuch lot
no streets, drains, or utilities 13
planned developments I? M
plantation community subdivision I4 maintenance
pre-existing subdivision 13 dedicable areas 57
public utility or facility I I maintenance access road 97
existing street. improvement of 68 marginal access scree[
definition 7
F performance criteria 67
(arm subdivision 16 minor street
(ees curb, gutter. & sidewalk, where required 76
?pplication 10 definition 7
exception. cemeteries I I performance criteria 66
exception. Stue or County agencies I I private 83
inspection 46 width 76
final pia[ map, See subdivision approval. final monuments
final subdivision approval, See subdivision approval, final requirements 59
flag lot surveyor's certificate 52
definition 4
requirements 64 D
offsite improvements 68
G P
grade
flag lot ti4 parks, dedication and reservation 97
intersection 81 pavement design
minimum and maximum 78 dedicable standard 78
private street standard 84
H pavement width
half street definition 5
definition 7 requirements 73
requirements 72 pedestrian way
handicapped, ramps at intersections 75 definition 5
standards 87
I where required 87
inspection phased development 43
certification 48 planned developments, See exceptions
fee 46 planning commission
notice to start conswction 47 appeal of variance 23.25
overtime 47 appeal, variance 25
requirement 48 plantation community subdivision 14
intent I planting screen easement. See reverse frontage lot
intersection planting strip 75
alignment of streets 79 pre-application meeting 33
angles 80 preexisting subdivision 13
comer radius 80 preliminary plat map. See subdivision approval, preliminary
grade 81 preliminary subdivision approval, See subdivision approval.
sight distance 81 preliminary
private street
L alley 83
large lot subdivision 61 curb, gutter & sidewalk, where required 85
local street deadend 82
curb, gutter & sidewalk. where required 76 definition 8
definition 7 divided roadways and medial strips 85
performance criteria 66 gated entrance 83
private 83 half street 73
width 76 local street 83
Subdivision Code Index-2
Mosier Drag 3/8/97
time limit
minimum width 82 private 81
minor sweet 83 reserve strip 70
recorded notice of 53. 85 right of way width 73
street lights 85 sidewalk requirement 73
street surfacing 83 street lights 88
when permitted 81 street names 89
public access, dedication and reservation 97 street plug 71
public utility or facility. See exceptions street trees 86
stubouts 70
R temporary turnaround 70
recordation traffic signs 39
final plat 55 street lights
no recordation without final approval 27 dedicable streets 88
reserve strip private street 85
definition 6 street plug
half street 73 definition 8
not permitted 70 half street 73
reverse frontage lot where appropriate 71
definition 4 street vices 86
where appropriate 63 smbou[
See also through lot definition 8
right of way requirements 70
definition 6 subdivision approval, final
functions of 73 agreement to complete construction 48
improvements required 59 alternative procedures 46
width 73 bond or other acceptable guarantee 49
rules decision 54
adoption by planning director or chief engineer 2 plat, changes after approval 55
compliance with 58 plat, contents 50
plat, nonaccess notation 63
S plat, preparation by surveyor or engineer 50
setback line plat, recordation 55
definition, building line 3 plat, size and scale 50
special building setback line 59 plat, special building setback lines 59
sidewalk plat, vacating 55
construction specifications 74 release o(surety after completion ofimprovements 55
handicapped ramps 75 review by agencies 57
planting strip 75 supplemental information 52
private street 85 time limit to file 4li
where required 74 subdivision approval, preliminary
where required, discretion to fit surtoundings 75 application (arm 34
where required, special conditions 75 application involving land court and regular system
standards, See design and improvement standards lands 34
street conditions, authority to impose 10
alley 83 decision 40
classification 65 phased development 43
comer radius. See intersection plat, contents 36
cut de sac, See cut de sac plat, preparation by surveyor or engineer 36
curb and gutter requirement 73 plat, size and scale 36
curves 78 pre-application meeting 33
dedicable requirements 69 review by agencies 40
definition, roadway 6 time limit to complete improvements 42
definition, street 6 subdivision improvements agreement 48
existing, improvement of 68 subdivision, definition of 8
future extension 70
grade 78 T
half street, See half street tentative approval, See subdivision approval, preliminary
intersection. See interaction through lot
layout in conformance with general plan. zoning, definition 5
topography 67 where acceptable 6J
mandatory dedication 67 time limit
offsite access street improvement 68 computation by calendar days 10
pavement design 78 construction plans, decision 45
pavement width 73 construction plans, review 44
pedestrian and bike ways 87 construction, completion of 42
Index-3 Subdivision Code
Master Draft 3/6/97
tract, definition 9
construction, start of 15
final subdivision application, decision 51
final subdivision application, filing 46
final subdivision application, review 53
preliminary subdivision application, decision SO
preliminary subdivision application, review SO
tract, definition 9 '
[raffic analysis report JO
U
uti litics
casements for 9l
loca[ion within right of way 90
V
variance
application 21
decision
grounds for 21
notice requirements 22
prerequisites 20
review of decision. by applicant 25
review of decision, by non-applicant 23. 25
W
wastewater system
private or individual system 94
public system, connection to 93
requirement for "dry" sewer lines 93
water system
private system or catchment 92
public system, connection to 92
recorded notice for private system 93
Subdivision Coda Index-4
Master Drett 3/6/97
SUDIVISION CODE
Comparison of Existing vs. Proposed Code
Existing Proposed Disposition
ARTICLE 1. GENERAL PROVISIONS.
Section 23-I Title. §23-1-I (Title.) i Revised
Section 23-2 Scope of chapter. §23-I-2 (Purpose and intent.) Revised
Section 23-3 Definitions. §23-I-5 (Definitions.) Revised
Section 23-4 Penalty. §23-2-27 (Criminal prosecution.) to i Revised
§23-2-31 (Remedies cumulative)
i
Section 23-5 Appeals. §23-2-12 (Persons who may appeal; Revised
procedure.)to §23-2-14 (Standard of
review.)
ARTICLE 2. ADMINISTRATION.
Division 1. General Provisions.
Section 23-6 Applicability of State and County gen- §23-1-2 (Purpose and intent.) Revised
eral plans.
Section 23-7 Applicability to consolidation or resub- §23-2-7 (Consolidation or resubdivi- Revised
division action. sion.)
Section 23-8 Issuance of building permit; Zoning §23-2-25 (No issuance of building Revised
Code. permit, utility installation permits, or
acceptance of sweet dedications with-
outfinal subdivision approval.)
Section 23-9 Permits for installation of service utili- §23-2-25 (No issuance of building Unmodified
ties: subdivision approval. permit, utility installation permits, or
acceptance of sweet dedications with-
out final subdivision approval.)
Section 23-t0 Acceptance of highways; compliance §23-2-25 (No issuance of building Unmodified
with chapter. permit, utility installation permits, or
acceptance of street dedications with-
outfinal subdivision approval.)
Secffon 23-I I Public utility or public rightsof-way §23-2-4 (Public utility, public facility, Revised
subdivisions. or public rights-of-way subdivisions.)
Section 23-12 Submission of application and plans; §23-2-23 (No subdivision without Revised
filing. final subdivision approval.); §23-2-24
(No rccorda[ion without final subdivi-
sion approval.)
Section 23-13 Large scale developments. §23-2-6 (Planned developmenu.) Revised
Existing Proposed Disposition
Division 2. Variances. i I
Section 23-14 Variances. §23-?-IS (Variances permitted.) Revised
Section 23-IS Grounds for variances. §23-2-16 (Grounds for variances.) Unmodified
(style revi-
sions)
Section 23-16 Applications for variances. §23-2-17 (Applications for variances.) ~ Revised
Section 23-17 Procedures for variances. §23-2-IS (Notice of xtion on vari- Revised
ante application.)
Section 23-I8 Actions on variances. §23-2-19 (Actions on variances.) Revised
Section 23-19 Review of director's action (nonappli- §23-2-20 (Review of director's action Revised
cant). (by non-applicant).)
Section 23-20 Appeal of director's action (by appli- §23-2-21 (Appeal of director's action Revised
cant). (by applicant).)
Section 23-21 Further appeal rights. §23.2-22 (Funher appeal rights.) Revised
ARTICLE 3. DESIGN STANDARDS.
Division 1. General Provisions.
Section 23-22 Compliance with design standards §23-4-I (Compliance with State and Revised
required. County applicable rules and regula-
tions required.)
Section 23-23 Compliance with State and County §23-4-1 (Compliance with State and Revised
regulations required. County applicable rules and regula-
tions required.)
Section 23-24 Special building setback lines. §23-4-2 (Special building setback Unmodified
lines.)
Section 23-25 Monuments. §23-4-3 (Monuments.) Unmodified
Section 23-26 Reservation for parks, playgrounds, §23-4-42 (Reservation for parks, play- Unmodified
and public building sites. grounds, and public building sites.)
Section 23-27 Cemeteries and crematoriums; exemp- §23-2-5 (Cemeteries and crematories; Revised
tion. exemption.)
Division 2. Blocks,
Section 23-28 Bltxk general design. §23~-5 (Block general design.) Unmodified
Section 23-29 Block sizes. §23-4-6 (Block sizes.) Unmodified
Section 23-30 Drainage easements. §23-4-40 (Drainage improvements Revised
and easements.)
Existing Proposed Dispositit,..
Section 23-31 Pedestrian ways. §23-3-7 (Long= blocks: ease- Revised i
ments.Pedestrian ways.); §23-3-2y ~I
(Pedestrian and bike ways.) ~I
Division 3. Lots.
Section 23-32 Lot size, shape, and setback line. §23-4-9 (Lot size, shape, and setback Revisc.i
line.)
Section 23-33 Minimum lot sizes. §23-3.10 (Minimum lot sizes.) Unmodified
Section 23-34 Access to lot from street. §23-3-12 (Access to lots; Through ~ Revised
lots.)
Section 23-35 Lot side lions. §23-4-I I (Lot side lines.) Revised
Section 23-36 Through lots; planting screen easement. §23-4-12 (Access to lots; Through Revised
lots.)
Section 23-37 Lot suitable for intended use; inunda- §23.4-9 (Lot size, shape, and setback Revised
tion area. line.)
Section 23-38 Large lo[ subdivision. §23-0-8 (Large lot subdivision.) Revised
Division 4. Street Design.
Section 23-39 Creation of streets: conditions for none Deleted
approval.
Section 23-40 Street location and arrangement; gen- §23-0-IS (Street layout in conform- Revised
eral requirements. - ante with general plan, zoning, and
topography)
Section 23-41 Minimum right-of-way and pavement §23.4-22 (Right of way width, pave- Revised
widths. ment width, sidewalk and curb
requirements.)
Section 23-42 Reserve strip; 5veet plug. §23-0-19 (Future street extension; Revised
stubout; reserve strips; street plugs.)
Section 23-43 Alignment. §23-0-25 (Interactions.) Revised
Section 23-44 Future extensions of streets. §23-0-19 (Future street extension; Revised
stubout; reserve strips; street plugs.)
Section 23-45 Intersection angles; comer radius. §23-0-25 (Intersections.) Revised
Section 23-46 Improvement of existing streets. §23-0-16 (~dening of existing streets Revised
within or adjacent to subdivision.)
Section 23-47 Half streets. §23-0-21 (Half streets.) Revised
Section 23-08 Cul-de-sacs. §23-0-20 (Cul de sacs.) Revised
Existing ~ Proposed Disposition
Section 23-49 Street names. §23--t-30 (Street names and trtffic ~i, Revised
signs.)
Section 23-50 Grades and curves. §23-d-2d (Grades and curves.) ii Revised
Section 23-51 Protection from existing or proposed §23-1-12 (Access to lots; Through i Revised
arterial streets. lots.)
Section 23-52 Alleys. §23-A-26 (Private streets.) Revised
Section 23-53 Private streets. §23-4-26 (Private streets.) Revised
Division 5. Utilities.
Section 23-54 Utilities location within sweets and §23-4-31 (Utilities location within Unmodified
State highways. sweets and State highways.)
Section 23-55 Location of utilities within street §23-4-31 (Utilities location within Unmodified
impractical; alternative. svee[s and State highways.)
Section 23-56 Easements for utilities; size; convey- §23-4-32 (Easements for utilities; Revised
ante. size; conveyance.)
ARTICLE 4. APPLICATION FOR SUBDIVI-
SIONAND PRELIMINARY PLAT.
Division 1. General Provisions.
Section 23-57 Where information obtainable. §23-3-( (Pre-application meeting.) Revised
Section 23-58 Application for subdivision; plat and §23-3-3 (Submittal requirements.) Revised
plans submitted by subdivider.
Section 23-59 Size and scale of plat. §23-3-3 (Submittal requirements.) Unmodified
Section 23-60 Application fees for subdivision plans. §23-2-3 (Filing fees.) Revised
Section 23-61 Review of plat. §23-3-4 (Review.) Revised
Section 23-62 Tentative approval of preliminary plat. §23-3-5 (Action.) Revised
Division 2. Contents of Preliminary Plat.
Section 23-63 General information on preliminary §23-3-3 (Submittal requirements.) Revised
plat.
Section 23-64 Existing conditions shown on prelimi- §23-3-3 (Submittal requirements.) Revised
nary plat.
Section 23-65 Proposed plan of land partitioning on §23-3-3 (Submittal requirements.) Revised
preliminary plat.
Existing Proposed Disposition ~
Section 23-66 Explanatory information on preliml- §23-3-3 (Submittal requirements.) Revised
nary plat. Ili
I
Article Final Plat.
Section 23-67 Time limit for completing final plat. §23-3-13 (Time limitation.) j Revised
Secffon 23-68 Drafting of final plat. ~ §23-3-16 (Submittal requirements.) Revise)
Section 23-69 Information required on final plat. §23-3-16 (Submittal requirements.) Revise)
Section 23-70 Supplemental information with final $23-3-16 (Submittal requirements.) Revise)
plat.
Section 23-71 Subdivision not involving streets, §23-2-8 (Subdivision not involving Revised
drains, or utilities. streets, drains, or utilities.)
Section 23-72 Filing of final plat. §23-3-6 (Effective period of prelimi- Revised
nary subdivision approval.)
Section 23-73 Technical review. §23-3-17 (Review.) Unmodified
Section 23.74 Final approval of plat. §23-3-5 (Action.) Revised
Section 23-75 Change after approval. §23-3-21 (Change after approval.) Unmodified
Section 23-76 No conveyance of land prior to §23-2-26 (No conveyance of land Revise)
approval for recordaffon. prior to final subdivision approval.)
Section 23-77 Recordation of final plat. §23-3-20 (Recordation of final plat.) UmnodifieJ
Section 23-78 Release of surety after final approval. §23-3-19 (Release of surety after com- Revise)
pletion of improvements.)
ARTICLE 6. IMPROVEMENTS.
Division 1. Construction.
Section 23-79 Construction plans; contents; review. §23-3-8 (Submittal requirements.) Revised
Section 23-80 Construction required for final §23-3-12 (Alternative procedures for Revised
approval. final subdivision approval.)
Section 23-81 Final approval before construction §23-3-12 (Alternative procedures for Revised
completed; bond required. final subdivision approval.)
Section 23-82 Agreement to provide improvements §23-3-IS (Agreement to complete Revised
and utilities. construction.)
Section 23-83 Bond. §23-3-IS (Agreement to complete Revised
conswction.)
Existing I Proposed Disposition
Division Improvements Required.
Secffon 23-84 Water supply. §23-4-33 /Public water system avail- iii Revised
able.)
Section 23-85 Sewage disposal systems. §23-4-35 (Sewer system available.); Revised
§23-3-36 (No sewer system avail- I
able.) ~
Section 23-86 Requirements for dedicable streets. §23-3-I S (Requirements f'or dedica- Revised
ble streets.)
Section 23-87 Standard for nondedicable street; §23-1-26 (Private streets.) i Revised
escrow maintenance fund. ~
Secffon 23-88 Nondedicable sweet; private dead-end §23-i-26 (Private streets.) Revised
street.
Section 23-89 Sidewalks. §23-4-22 (Right of way width, pave- Revised
ment width, sidewalk and curb
requirements.)
Section 23-90 Pedesvian way. §23-4-28 (Pedestrian and bike ways.) Revised
Section 23-91 Curbs and gutters. §23-4-22 (Right of way width, pave- Revised
ment width, sidewalk and curb
requircments.)
Section 23-92 Land surface drainage. §23-4-40 (Drainage improvements Revised
and easements.)
Section 23-93 Street lights. §23-4-29 (Street lights.) Revised
Section 23-94 Street name and traffic signs. §23-4-30 (Street names and traffic Revised
signs.)
Section 23-95 Right-of-way improvement. §23-4-4 (Right-of•way improvement.) Revised
Section 23-95.I Improvements for resort subdivision. §23-4-26 (Private streets.) Revised
ARTICLE 7. INSPECTION AND CERTIFICA-
TION.
Section 23-96 Inspection by chief engineer and man- §23-3-14 (Construction of improve- Revised
ager. menu-- inspection and certification.)
Section 23-97 Inspection fee. §23-3-14 (Construction of improve- Revised
menu-- inspection and certification.)
Section 23-98 Notice before beginning work; inspec- §23-3-14 (Construction of improve- Revised
bons: certification. menu-- inspection and ccrtification.)
Existing i Proposed Disposition
ARTICLE 8. SAFETY FLOOD HAZARD DIS- ~ §23-1-39 (Speaal Hood hazard areas-) Replaced «ith
TRICT REQUIRG~[ENTS. I reference to
Chapter 27
Section 23-99 Tentative approval of plan for subdivi- none i Deleted
sion in SF district.
Section 23-100 New utiliFfes in SF district. none I~ Deleted
Section 23- I O I Water systems in SF district. none Deleted
Section 23-102 Sewage disposal facility in SF district. none ~ Deleted
ARTICLE 9. PLANTATION COMMUNITY SU[3-
DIVISION.
Section 23-103 Plantation community subdivision. §23-2-10 (Plantation community sub-,Unmodified
division.)
Section 23-104 Criteria. §23-2-10 (Plantation community sub- i Unmodified
division.)
Section 23-105 Designation as a plantation comma- §23-2-10 (Plantation community sub- Unmodified
airy. division.)
Section 23-106 Notice. §23-2-10 (Plantation community sub- Unmodified
division.)
Section 23-107 Appeals. §23-2-(0 (Plantation community sub- Unmodified
division.)
Section 23-108 InFrastructure. §23-2-10 (Plantation community sub- Unmodified
division.)
Section 23-109 Lots. §23-2-10 (Plantation community sub- Unmodified
division.)
Section 23-I 10 Agriculture district. §23-2-10 (Plantation community sub- Unmodified
division.)
Section 23-I I I Procedure. §23-2-IO (Plantation community sub- Unmodified
division.)