HomeMy WebLinkAboutBIL 276 Draft 03 1994-1996OFFICE INFORMATION ONLY
Meeting: Planning Committee—November 14, 1997 (1998-2000 term)
Action: Deferred (Draft 2); never taken up again.
A Draft 3 was submitted and referred to the committee on October 19, 1999, via
Comm. 493, but never placed on an agenda.
Re: Bill 276; Comm. 1195 (1994-1996 term); Comm. 227 (1996-1998 term);
Comm. 493 (1998-2000 term)
ORDINANCE NO.
ATE OF HAWAII
BILL N� 171
AN ORDINANCE AMENDING CHAPTER 23 OF THE HAWAII COUNTY CODE, AS
AMENDED, RELATING TO SUBDIVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 23 of the Hawaii County Code is hereby repealed.
SECTION 2. The Hawaii County Code is amended by adding a new chapter 23 which
shall read as follows:
"CHAPTER 23
SUBDIVISIONS.
Article 1. General Provisions.
Section 23-1-1. Title. This chapter shall be known as the Subdivision Code.
Section 23-1-2. Purpose and intent. The purpose and intent of this chapter is to
promote the general health, safety, and welfare of the people including without limitation the
following:
(a) To guide the future growth and orderly development of the County in accordance with
the general plan and zoning code;
(b) To ensure adequate and efficient transportation, water, sewerage, drainage, and other
community requirements and facilities;
(c) To provide for the safety of pedestrians, bicycles and vehicles, and facilitate
developments that reduce the dependence on private vehicular trips:
(d) To accommodate emergency vehicles; and
(e) To ensure proper legal description and monumenting of subdivided land.
Section 23-1-3. Severability. If any portion of this chapter, or its application to any
person or circumstance, shall be held unconstitutional or invalid, the remainder of the chapter
and the application of such portion to other persons or circumstances shall not be affected.
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
augmenting and clarifying the provisions of this chapter. The rules may include, without
limitation, construction and design standards and specifications for streets, sidewalks, curbs and
gutters, drainage, and other improvements required in this chapter. Where provided, the
specifications shall strive to balance engineering factors relating to public health and safety,
construction costs, and maintenance costs, with other factors such as housing affordability,
environmental factors, and aesthetic considerations.
Section 23-1-5. (Definitions.
(a) Other terms that are not defined in this chapter shall be given their respective
definitions as found in chapters 8 (park dedication), 22 (streets and sidewalks), 25 (zoning), 27
(flood control), and 34 (shoreline and mountain access) of the County Code.
(b) Whenever used in this chapter, the following words and phrases, unless the context
otherwise requires, shall be defined as indicated:
(1) "Agriculture" means the care and production of livestock, livestock products,
poultry or poultry products, aquaculture or aquaculture products, apiary, horticultural,
agronomical or floricultural products, or the planting, cultivating, and harvesting of crops or
trees, including tree farms. Agricultural production may include but not be limited to land
preparation for crop production in accordance with acceptable agricultural practices.
(2) "Alley" means a private right-of-way primarily designed to serve as secondary
access to the back or side of properties whose principal frontage is on another street.
(3) "Arterial" see "street, primary arterial" and "street, secondary arterial."
(4) "Authorized personnel" means a police officer or a person or persons
authorized in writing by the director.
(5) "Block" means an area bounded by streets and/or other defined geographical
features such as rivers or shorelines.
(6) "Building line" means a line on a plat indicating the limit beyond which
buildings or structures may not be erected.
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(7) "Bureau of conveyances" means a division in the department of land and
natural resources, State of Hawaii, where legal documents of any kind entitled to recordation
may be filed.
of the County.
number of lots.
(8) "Chief engineer" means the chief engineer of the department of public works
(9) "Commission" means the planning commission of the County.
(10) "Consolidation" means the combining of two or more lots into a lesser
(11) "Cul-de-sac" means a dead-end street with a turnaround.
(12) "Days" means calendar days, unless otherwise noted, with time computed by
excluding the first day and including the last day, unless the last day is a Saturday, Sunday, or
holiday, in which case it is also excluded.
(13) "Dead-end street" means a street with only one outlet, with or without a
vehicular turnaround, and includes a cul-de-sac or a stubout.
(14) "Director" means the planning director of the County.
(15) "District engineer" means the district engineer of the division of highways of
the State department of transportation for the County.
(16) "Easement" means a grant of the right to use a designated portion of land for
specific purposes.
(17) "Engineer" means a person duly registered as a licensed professional civil
engineer in the State.
(18) "Environmental engineer" means the personnel designated by the State
department of health to review subdivision applications.
(19) "Farm subdivision" means leasehold parcels within an agricultural zoned
district having a minimum leasable land area of five acres, prohibiting any structures for
temporary, seasonal, or permanent residential occupancy or habitation.
(20) "fire chief' means the fire chief of the fire department of the County.
(2 1) "Flood control code", means chapter 27 of the County Code.
(22) "General plan" means the plan adopted by the County for the guidance of
growth and improvement of the County, including modifications or refinements which may be
made from time to time.
(23) "Land court" means the court of the State of Hawaii where legal documents
relating to lands with title registered with the land court may be filed for recordation.
map.
(24) "L,ot" means a parcel of land shown as a unit on an approved subdivision
(25) "Lot, flag" means a lot consisting of an access drive and a buildable portion
of the lot that would be landlocked from a public street or private way except for connection by
the access drive and in which the lot's street frontage is less than the minimum lot width
standards for the zoning district in which the lot is located.
(26) "Lot, reversed frontage" means a through lot which is not accessible from
one of the parallel or nearly parallel streets upon which it fronts.
(27) "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.
County.
(28) "Manager" means the manager of the department of water supply of the
(29) "Pavement width" (or "traveled way") means the width of that portion of the
street, paved or otherwise available for vehicular traffic and on -street parking where permitted,
but not including shoulder areas (regardless of whether paved or unpaved). Where curbs are laid,
the pavement width is measured by the distance between the face of the curbs for drop curbs or
the inner line (gutter) of the curbs for roll -type curbs measured at right angles to the center line.
(30) "Pedestrian way" means a public right-of-way outside of the street right-of-
way for pedestrian or bicycle traffic, which may also be used as a utility easement.
(31) "Person" means an individual or group of individuals, partnership, joint
venture, corporation, company, unincorporated association, syndicate, governmental or quasi -
governmental entity, or any legal entity, including any trustee receiver, assignee, or other similar
representative thereof.
(32) "Plat" means the map or drawing on which the subdivider's plan of
subdivision is presented and submitted for approval.
(33) "Reserve strip" means a nonaccess reservation, placed under public control
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with conditions approved by the director, along rear property lines of reverse frontage lots.
(34) "Right-of-way" means a strip of land created as a lot or an easement area
intended for use as a street, pedestrian way, or for drainage or utility purposes.
(35) "Roadway" means the portion of a street right-of-way developed for
vehicular traffic, including any shoulders.
(36) "Sidewalk" means a surfaced walkway for pedestrian traffic.
(37) "Street" means a right-of-way for vehicular and pedestrian traffic, and the
placement of utilities, traffic signage, street lights, streetscape landscaping, and other permitted
components of a street right-of-way.
(38) "Street, commercial or industrial" means a street providing primary access to
lots within any commercial or industrial zoning district, except mixed commercial -residential
districts (RCX, CN), which shall use the standards for residential local streets.
(39) "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.
(40) "Street, local" means a street whose sole function is to provide access to
abutting properties, and designed to carry the least amount of traffic at the lowest speed.
(41) "Street, major collector" means a street supplementary to the arterial street
system which is a means ol' intercommunication between this system and smaller areas, and
which may be used primarily for through traffic and to some extent for access to abutting
properties.
(42) "Street, marginal access" or "service road" means a street, parallel and
adjacent to an arterial or major collector, providing access to abutting properties, but protected
from through traffic.
(43) "Street, minor collector" means a street whose principal function is to
provide access to abutting property but is also designed to carry traffic from adjoining local
streets to major collector or arterial streets. It is designed to carry higher traffic volumes than
local streets, but is intended to serve motorists having origin or destination within the immediate
neighborhood.
(44) "Street, primary arterial" means a street intended to move traffic to and from
major traffic generators, and between or through large areas or communities.
(45) "Street, private" means a street retained in private ownership.
(46) "Street, public" means a street meeting the standards of this chapter and
rules adopted pursuant to this chapter, and offered or required for dedication to the County.
(47) "Street, secondary arterial" means a street intended to collect and distribute
traffic in a manner similar to a primary arterial, but to and from lesser traffic generators, and to
carry traffic from collector streets to primary arterials.
(48) "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.
(49) "Stubout" means that portion of a street measured from the nearest
intersection, improved in accordance with the requirements of this chapter, ending at the
boundary of the tract and resulting in a temporary dead-end until such time that this street is
extended from the tract into adjacent lands that may be subdivided in the future.
(50) "Subdivision" or "Subdivided land" means improved or unimproved land
divided into two or more lots, sites, or other divisions of land for the purpose of immediate or
future sale, lease, rental, transfer of title to or interest in any or all such lots or divisions of land,
Subdivision includes consolidation and re -subdivision. Subdivision does not include the creation
of easements, the creation or conversion of condominiums, or cemeteries as defined in Hawaii
Revised Statutes section 441-1.
(5 1) "Subdivider" means a person or any combination of persons who cause land
to be divided into a subdivision, who is the legal owner of the land or the duly authorized agent
of the legal owner.
(52) "Surveyor" means a person duly registered as a licensed professional land
surveyor in the State.
application.
(53) "Tract" means the property which is the subject of the subdivision
(54) "Zoning code" means chapter 25 of the County Code.
Article 2. Administration.
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Division 1. Exceptions.
Section 23-2-1. Public utility, public facility, or public rights-of-way subdivisions.
The improvement 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 the manager may require necessary improvements to
further the public welfare and safety. The director may waive the minimum lot size requirement
for public utility or public rights-of-way subdivisions pursuant to the zoning code. The director
may approve the preliminary plat as a final plat, provided no improvements are required and the
preliminary plat meets the requirements of a final plat.
Section 23-2-2. Planned developments. The director may make improvement
standards exceptions to this chapter for planned unit developments, cluster plan developments,
agricultural project districts or project districts approved under the zoning code where a plan and
program for a complete community or neighborhood unit provides adequate public spaces and
improvements for the 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. The director may process subdivision review
simultaneously with the applicable plan approval, planned unit development, or cluster plan
development application.
Section 23-2-3. Consolidation or resubdivision. The consolidation of lots shall not be
subject to the improvement standards of this chapter. Any accompanying resubdivision of
consolidated lots resulting in the creation of the same or fewer number of lots that existed prior
to the consolidation (not including rights-of-way lots), shall also not be subject to the
improvement standards of this chapter, provided that the director, upon conferring with the chief
engineer, may determine that certain improvements are necessary in order to avoid the creation
or aggravation of a condition which clearly is of public safety concern. The director may
approve the preliminary plat as a final plat, provided no improvements are required and the
preliminary plat meets the requirements of a final plat.
Section 23-2-4. Subdivision not involving streets, drains, utilities or other
improvements. If a subdivision does not involve streets, drains, utilities, or other
improvements, the director may approve the preliminary plat as a final plat, provided the
preliminary plat meets the requirements of a final plat.
Section 23-2-5. Pre-existing subdivisions. The improvement standards of this chapter
shall not be applicable to pre-existing subdivisions. Where the pre-existing lots do not meet the
minimum lot size for the applicable zoning district, the lots shall be deemed nonconforming lots
under the zoning code. The director shall certify a subdivision as pre-existing provided the
subdivider provides reasonable evidence that the subdivision meets the following criteria:
(a) The lot(s) was created and recorded prior to 1944; or
(b) The lot(s) was created through court order (e.g., partition) prior to 1973; and
(c) The lot(s) had never been legally consolidated to cause its removal from the real
property tax records; and
(d) The configuration of the lot(s) had never been altered from its original shape or size.
Section 23-2-6. Farre subdivisions.
(a) Purpose. The purpose of this section is to allow a person(s) owning property within
an agricultural zoned district, to lease the property for agricultural purposes, provided that
structures for residential occupancy or habitation shall be prohibited. This section is intended to
encourage landowners to provide affordable leased agricultural lands at reduced infrastructural
standards warranted by the prohibition of residential or habitable structures.
(b) Restrictions, requirements and standards for a farm subdivision. The director may
approve farm subdivisions under the following conditions:
(1) The minimum leasable area within a farm subdivision shall be five (5) acres,
irrespective of the minimum lot size of the applicable zoning district.
(2) Any structures for temporary, seasonal., or permanent residential occupancy or
habitation shall be prohibited.
(3) Farm subdivision provisions shall he applicable only to leasehold lands
located within an agricultural zoned district and shall be a lease term of no less than ten (10)
years and a maximum of thirty (30) years. The terms of the lease shall be clearly defined in the
lease agreement.
(4) The owner of the parcel and lessees shall submit a soil conservation plan
approved by the United States department of agriculture's natural resources conservation service
or other appropriate agency upon filing for a farm subdivision.
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(5) The owner of the parcel shall file a map, drawn to scale, of the parcel
indicating the land area under consideration for the farm subdivision and the number of leasable
areas and acres.
(6) The leases within a farm subdivision shall be recorded by the bureau of
conveyances and a copy of the recorded document shall be filed with the director upon its receipt
from the bureau of conveyances. Each lease shall:
farm subdivision; and
(A) Restrict uses to agriculture as defined in this chapter;
(B) Provide a roadway maintenance agreement for all roadways within the
(C) Assure implementation of the soil conservation plan required in this
section and compliance with the provisions of such plan, including maintenance of conservation
improvements specified therein.
(7) Notwithstanding the provisions of this chapter, the following infrastructure
standards shall apply:
(A) Water. A water system for a farm subdivision shall not be required,
(B) Roadway improvements. Roadway improvements within a farm
subdivision which are less than those required under this chapter may be approved.
(i) Adequate access from a government road shall be provided to a
farm subdivision meeting the requirements of the department of public works for the purpose of
access to a farm subdivision.
(ii) Roads within a farm subdivision shall he the property and the
responsibility of the subdivider, lot owner, and/or lessees pursuant to an executed roadway
maintenance agreement.
(c) /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 longer feasible or
desirable, the lessor -owner may apply to the 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 director, the parcel shall revert to its original status.
(d) Procedure. Except as provided in this section. the subdivision process for a farm
subdivision shall be required pursuant to the provisions of this chapter.
Division 2. Notification.
Section 23-2-7. Notice to property owners and lessees of record.
(a) Whenever notice is required under this chapter, notice shall be served to owners and
lessees of record of surrounding properties:
(1) within three hundred feet of any point along the perimeter boundary of the lot
affected by the application if the lot is located within the state land use urban or rural district; or
(2) within five hundred feet of any point along the perimeter boundary of the lot
affected by the application if the lot is located within the state land use agricultural district;
except that if the surrounding lots are located within either the state land use urban or rural
district, notice shall be served on the owners and lessees of record of all lots which any portion is
within three hundred feet of the lot.
(b) The subdivider shall serve notice of the filing of the application on the surrounding
owners and lessees within ten days after receiving notice from the director or the commission of
the date of the proposed action or hearing.
(c) In determining the names and addresses of the affected owners and lessees of record,
as required by this section. the subdivider shall utilize the date available from the real property
tax office; provided, that where the director has received written notice of additional or
subsequent oNAmers or lessees of record and has so informed the subdivider, the subdivider shall
also provide the required notice to such persons. The subdivider shall also provide notice to such
other owners and lessees of record when the subdivider otherwise has actual knowledge of such
other owners or lessees of record.
(d) The notice to the affected property owners and lessees shall include the following
information:
(1) The name of the subdivider;
(2) The precise location of the property involved;
(3) The nature of the request;
(4) The date on which the director will consider the application; and
(5) That such date is the deadline for the director's actual receipt of written
comments on the application. Prior to the deadline for written comment. the subdivider shall
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submit to the director proof of service or of good faith efforts to serve notice of the application
on the designated property owners and lessees. Such proof may consist of certified mail,
receipts, affidavits, or the like. The failure of a property owner or lessee to receive written
notice, as provided in this section, shall not invalidate any action by the director or proceeding by
the commission, provided that good faith efforts were made by the subdivider to serve notice on
the affected property owner or lessee.
(e) Notice by Publication. At least ten calendar days prior to the date of the director's or
commission's consideration of the application, the director or commission 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 or commission.
Division 3. Variances.
Section 23-2-8. Variances permitted. Variances from the provisions of this chapter
may be granted; provided that a variance shall not primarily effectuate relief from applicable
density limitations; and provided further that the subdivider has submitted an application for
preliminary subdivision approval.
Section 23-2-9. Grounds for variances. A variance may only be granted if the
following are 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 subdivider 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 that 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 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.
Section 23-2-10. Applications for variances. Application fora variance shall be on a
form prescribed for this purpose by the director and shall be accompanied by:
(a) A filing fee of $250;
(b) A description of the property in sufficient detail to determine the precise location of
if
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 surrounding owners and
lessees of record of property interests in property required to be notified; and
(e) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, llawaii Revised Statutes.
Section 23-2-11. Notice of action on variance application.
Upon acceptance of a variance application, the director shall fix a date for the director's
action on the application. The subdivider shall serve notice of the variance application upon
owners and lessees of record, and the director shall publish notice of the application, pursuant to
the notification procedures provided in this chapter.
Section 23-2-12. Actions on variances. The director shall, within sixty days after
acceptance of a variance, deny the application or approve it subject to conditions.
(a) The conditions imposed by the director shall bear a reasonable relationship to the
variance granted. All actions shall contain a statement of the factual finding 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.
Section 23-2-13. Review of director's action by 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 action. For purposes of this section, an "interested party" means a person who (1) has
a property interest in the subject property; or (2) owns or is the recorded lessee of the property
within the notification boundaries established by this chapter; or (3) can otherwise demonstrate
to the satisfaction of the commission that such person will be so directly and immediately
affected by the proposed variance that the person's interest in the action is clearly distinguishable
from that of the general public. The request by an interested party must be made in writing
within fifteen days after notice of the director's decision, and shall contain a statement of the
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grounds of the objection. The request shall be accompanied by a non-refundable filing fee of
$250. The director shall provide a copy of the request to the subdivider within five days of the
director's acceptance of the request.
(b) Procedure for review.
(1) The commission shall accept a request for review of the director's action only
if the request is submitted in writing by an interested party within the time period prescribed in
subsection (a) above. The commission shall consider the request at a regularly scheduled meeting
of the commission, at which time the subdivider 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 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 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.
(1) If the commission determines that a public hearing is necessary, it shall
promptly schedule the public hearing at which time the subdivider, the person who requested
such review, and members of the general public shall have the opportunity to be heard on the
application.
(2) Within ten days after receiving notice of the date of the public hearing, the
interested party requesting the review shall serve notice of the hearing, pursuant to the
notification procedures in this chapter, and on owners of interests in other properties which the
commission may find to be directly affected by the variance sought.
(3) The commission shall provide notice by publication of the public hearing in
accordance with the notification procedures in this chapter.
(d) Actions on Review.
(1) Within 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 commission shall deny the
application or approve it subject to any conditions, stating the factual findings supporting the
variance or the denial.
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(2) If the commission fails to render a decision within the prescribed time, the
director's action shall be considered as having been affirmed.
Section 23-2-14. Appeal of director's action by subdivider.
(a) Request for review.
(1) Timing. The director's decision is final except that, within thirty days after the
date of the written decision, the subdivider may appeal such action to the commission.
(2) Form and Filing. An appeal by the subdivider shall be submitted in writing to
the commission on a form prescribed by the commission and shall be accompanied by:
(A) A non-refundable filing fee of $250; and
(B) Ten copies of a statement of the specific grounds for the appeal.
(b) Notice and Hearing.
(1) The commission shall provide notice by publication of the public hearing in
accordance with the notification procedures in this chapter.
(2) The commission shall provide written notice of the public hearing, at least
twenty days prior to the hearing, to persons who had submitted timely objections to the variance
application before the director's action.
(3) The commission shall conduct a public hearing within a period of sixty days
from the date the written appeal is accepted by the commission, unless that period is waived by
the subdivider.
(c) Actions on Appeals.
(1) Within ninety days after acceptance of a subdivider's variance appeal or
within such longer period as may be agreed to by the subdivider, the commission shall affirm,
modify, or reverse the director's action.
(2) All actions of the commission shall contain a statement of legal and factual
basis for its decision in accordance with the variance criteria set forth in this division.
(3) A decision to affirm, modify, or reverse the director's action shall require a
majority vote of the total membership of the commission. If the commission fails to render a
decision to affirm, modify, or reverse the director's action within the prescribed period, the
director's action shall be considered as having been affirmed.
Section 23-2-15. Further appeal rights. All actions of the commission are final except
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that, within thirty days after the date of the written decision, any person aggrieved by the
decision of the commission, may appeal such action to the board of appeals in accordance with
this chapter.
Division 4. Appeals.
Section 23-2-16. Persons who may appeal; procedure.
(a) The subdivider may appeal the decision by the director or commission by filing a
notice of appeal with the hoard of appeals within thirty days after the date of the director's or the
commission's written decision.
(b) Any person other than the subdivider aggrieved by the decision of the director or the
commission in the administration or application of this chapter, except for decisions regarding
variance applications or final plat approval, may, within thirty days after the date of the director's
or the rommission's written derisinn. anneal the derision to the hnard of anneals
division on variances of this chapter.
(d) A person is aggreived by a decision of the director or commission if,
(1) The person has an interest in the subject matter of the decision that is so
directly and immediately affected, that the person's interests is clearly distinguishable from that
of the general public; and
(2) The person is or will he adversely affected by the decision.
(e) An appeal shall be in writing, in the firm prescribed by the board of appeals, and shall
specify the person's interest in the subject matter of the appeal and the grounds of the appeal.
Any such appeal shall be accompanied by a filing fee of $250. The person appealing a decision
of the director or commission shall provide a copy of the appeal to the director or commission, as
appropriate, and to the subdivider and shall provide the board of appeals with the proof of
service.
(f) The appellant, the subdivider, and the director or the commission, as appropriate, shall
be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by
the board of appeals.
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Section 23-2-17. Performance of subdivision approval conditions pending appeal.
Whenever 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 by the
board of appeals or by the courts.
Section 23-2-18. Conduct of appeal hearing; costs.
(a) Within twenty days after receipt of a notice of appeal, the director or commission, as
appropriate, shall transmit to the board of appeals the entire record or file of the proceeding being
appealed. The entire record or file from the director or commission, as appropriate, shall be part
of the board of appeals' record in an appeal, and shall be reviewed by the board of appeals in the
appeal.
(b) A full hearing shall be held by the board of appeals in accordance with chapter 91,
Hawaii Revised Statutes.
(c) A verbatim audio recording or stenographic record shall be made of the hearing and
shall remain on file in the office of the board of appeals. Copies of such verbatim record of any
hearing may be ordered by any party, with the cost thereof to be paid by the party ordering such
copy or copies.
(d) The appellant has the burden of proof in an appeal before the board of appeals.
Section 23-2-19. 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 the decision
with appropriate instructions if, based upon the preponderance of evidence, the board finds that:
(a) The director or commission, as appropriate, erred in its decision; or
(b) The decision violated this chapter or other applicable law; or
(c) The decision was arbitrary or capricious or characterized by an abuse of discretion or
clearly unwarranted exercise of discretion.
Section 23-2-20. Adoption of rules. The board of appeals shall adopt rules pursuant to
chapter 91, Hawaii Revised Statutes, necessary for the implementation of the provisions
regarding appeals.
Division 5. Prohibitions, Penalties, Enforcement.
Section 23-2-21. No subdivision without final subdivision approval. All subdivisions
of land, as defined herein, and all streets or wavy within the County created for the purpose of
subdividing land shall be approved by the director in accordance with this chapter.
Section 23-2-22. 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.
Section 23-2-23. 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 to be erected or moved onto any
lot within the area covered by any proposed subdivision until all required subdivision
improvements as shown on approved construction drawings and specifications have been
constructed, inspected, and approved and the director has issued final subdivision approval.
Where final subdivision approval is obtained through the posting of acceptable surety, a building
permit may be issued provided that final occupancy shall not be granted until the subdivision
improvements have been constructed, inspected and approved by the appropriate agencies.
(b) Except for improvements required pursuant to this chapter, 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.
(c) The County 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.
Section 23-2-24. No conveyance of land prior to final subdivision approval. No
person shall transfer, sell, or lease, nor advertise, offer, or agree to transfer, sell, or lease any
interest in land located in a subdivision until final subdivision approval is granted by the director;
provided, however, that a person may advertise and accept binding sales contracts prior to final
subdivision approval in accordance with the requirements of the Uniform Land Sales Act
(Hawaii Revised Statutes chapter 484).
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Section 23-2-25. Criminal prosecution.
(a) Any person whether as principal, agent, employee, or otherwise, violating or causing
or permitting the violation of any of the provisions of this chapter shall be guilty of a violation
and upon conviction sentenced as follows:
(1) For a first offense, by a fine not exceeding $500.
(2) For a subsequent conviction which occurs within five years of any prior
conviction for violation of this chapter, by a fine of not less than $500 but not exceeding $1,000.
(b) After a conviction for a first violation under this chapter. each further day of violation
shall constitute a separate offense if the violation is a continuance of the subject of the first
conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the
Hawaii Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes.
(d) Any authorized personnel may issue a summons or citation to an alleged violater in
accordance with the procedure specified in this section. Nothing in this section shall be
construed as barring such authorized personnel from initiating prosecution by penal summons, by
complaint, by warrant or such other judicial process as is permitted by statute or rule of court.
(e) Any authorized personnel 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 alleged violator a
written summons or citation notifying the alleged violator to answer at a place and at a time
provided in the summons or citation.
(f) There shall be provided for use by authorized personnel a form of summons or citation
for use in citing violators of this chapter which does not mandate the physical arrest of such
violators. The form and content of such summons or citation shall be as adopted or prescribed by
the administrative judge of the district court and shall be printed on a form commensurate with
the form of other summonses or citations used in modern methods of arrest. so designed to
include all necessary information to make the same valid under the laws and regulations of the
State of Hawaii and the County of Hawaii.
(g) In every case when a citation is issued, the original of the same shall be given to the
violator, provided that the administrative judge of the district court may prescribe the giving to
the violator of a carbon copy of the citation and provide for the disposition of the original and
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any other copies.
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the
number of its respective original.
Section 23-2-26. Right of entry and limited liability for authorized personnel.
(a) Right of Entry. When it is necessary to make an inspection to enforce the provisions
of this chapter, or when the authorized personnel has reasonable cause to believe that there exists
upon a building or upon premises or upon a lot a condition which is contrary to or in violation of
this chapter which makes the building or premises or the lot unsafe, dangerous or hazardous, the
authorized personnel may enter the premises or building or lot at reasonable times to inspect or to
perform the duties imposed by this chapter, provided that if such building or lot or premises be
occupied that credentials be presented to the occupant and entry requested. If such building or
lot or premises be unoccupied. the authorized personnel shall first make a reasonable effort to
locate the owner, subdivider, or other person having charge or control of the building or lot or
premises and request entry. If entry is refused, the authorized personnel shall have recourse to the
remedies provided by law to secure entry.
(b) Limited Liability. The authorized personnel charged with the enforcement of this
chapter, acting in good faith and without malice in the discharge of the duties required by this
chapter or other pertinent law or ordinance shall not thereby be rendered personally liable for
damages that may accrue to persons or property as a result of an act or by reason of an act or
omission in the discharge of such duties. A suit brought against the authorized personnel
because of such act or omission performed by the authorized personnel in the enforcement of any
provision of this chapter or other pertinent laws or ordinances implemented through the
enforcement of this chapter shall be defended by the County until final termination of such
proceedings, and any judgement resulting therefrom shall he assumed by the County.
Section 23-2-27. Injunctive action. The County may maintain an action for an
injunction to restrain any violation of the provisions of this chapter and may take any other
lawful action to prevent or remedy any violation.
Section 23-2-28. Administrative enforcement.
(a) In lieu of or in addition to enforcement by criminal prosecution or injunctive action as
provided in this chapter, if the director determines that any person is violating any provision of
Ill:
this chapter, any rule adopted thereunder, or any approval issued pursuant thereto, the director
may have the person served, by personal service or by certified mail, with a notice of violation
and order pursuant to this section. The director may also have a copy of the notice of violation
and order posted at the lot.
(b) The notice of violation shall include at least the following information:
violated;
order;
(1) Date of the notice;
(2) Name and address of the person noticed;
(3) Section number of the provision or rule, or the approval which has been
(4) Nature of the violation; and
(5) Location and time of the violation.
(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation;
(2) Correct the violation at the person's own expense before a date specified in the
(3) Pay a civil fine not to exceed $500 in the manner, at the place and before the
date specified in the order;
(4) Pay a civil fine not to exceed $500 per day for each day in which the violation
persists, in the manner and at the time and place specified in the order.
(d) The order shall advise the person that the order shall become final thirty days after the
date of its mailing or delivery, unless the director's decision is appealed to the board of appeals
within the thirty -day period.
(e) The provisions of the order issued by the director under this section shall become final
thirty days after the 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 chapter.
(f) Any person adversely affected by any order issued under this section, may, within
thirty days after the mailing or delivery of the order, appeal the order to the board of appeals as
provided by section 5-6.3 of the County Charter and this chapter. An appeal to the board of
appeals shall stay the provisions of the director's order pending the final decision of the board of
appeals.
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(g) The director may institute a civil action in any court of competent jurisdiction for the
enforcement of any order issued pursuant to this section. Where the civil action has been
instituted to enforce the civil fine 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.
(h) Annually, on September 1, the director shall file with the bureau of conveyances, liens
on all properties which have been the subject of fines levied under this section, which remain
unpaid for one year or more after final adjudication and the expiration of the time for any further
appeal.
(i) Fines assessed under this section shall constitute a lien upon the subject property upon
the filing of said lien with the bureau of conveyances. This lien shall be considered, for purposes
of priority, to he the equivalent of liens which arise pursuant to the provision of chapter 19 of the
County Code.
Section 23-2-29. Remedies cumulative. The remedies provided in this chapter shall be
cumulative and not exclusive.
Article 3. Application and Approval Procedure.
Division 1. General Provisions.
Section 23-3-1. Application straddling land court and regular system lands. A tract
of land proposed for subdivision that includes a mix of lands registered in land court and
unregistered lands shall be processed in accordance with procedures specified by the director.
Section 23-3-2. Review of subdivisions in three steps; complete submittals.
(a) The subdivision approval process consists of three approvals: preliminary subdivision
approval, construction plans approval, and final subdivision approval. The submittals for
preliminary and final subdivision approval shall be reviewed by the director for completeness
within fifteen days from the date the submittal was filed by the subdivider. The submittal for
construction plans shall be reviewed in accordance with the requirements in this chapter.
(b) During the fifteen day period, the director shall either determine that the submittal is
complete and accept the submittal as of the date that the submittal was filed by the subdivider or
shall determine that the submittal is defective.
(c) If the director determines that the submittal is defective, the submittal shall be
returned to the subdivider together with a deficiency notice, to be postmarked within the fifteen
day review period, which lists the information missing from the submittal.
(d) Any submittal that is rejected as defective may be refiled together with a copy of the
deficiency notice and the required additional information. The resubmitted submittal shall be
accepted as complete as of the date of resubmission, provided that all required additional
information has been submitted.
(e) if the director fails to act upon any submittal within the fifteen day period, the
submittal shall be deemed complete and shall be considered accepted as of the date that the
submittal was filed.
Section 23-3-3. Filing fees. Fees sufficient to cover the costs of administration shall be
charged as follows:
(a) Filing Fee. An application for a subdivision (including consolidation) is subject to the
payment of the following fees at the time of the application for preliminary subdivision approval:
$$250 plus $25 per lot noted on the initial preliminary plat and for each additional lot resulting
from any subsequent amendment of the initial preliminary plat exclusive of any rights-of-way
lots or lands dedicated for public use.
(b) Exceptions. The filing fees shall not apply to:
(1) Applications for subdivision or consolidation of land submitted by any agency
of the State of Hawaii or of the County.
(2) Applications for farm subdivisions.
(c) No Refund. No portion of the fees is refundable for applications granted preliminary
subdivision approval. Ten percent of the fees or $50, whichever is greater, shall be retained for
applications which have been withdrawn before granted preliminary subdivision approval.
Section 23-3-4. Conditions. The director may require and the subdivider has the duty of
compliance with reasonable conditions for design, dedication, and improvement of the land so as
to conform to the physical 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 large. The
director may also require as a condition the submittal of additional information including without
limitation traffic impact reports, drainage reports, and title reports.
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Section 23-3-5. 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 director may require
such improvements or conditions to assure the orderly development of the phased improvements.
Construction plans and final plat submittal requirements may apply 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
remaining phases of the plat are offered for filing.
Division 2. Preliminary Subdivision Approval.
Section 23-3-6. Submittal requirements. The application for preliminary subdivision
approval shall include:
(a) Application form. The subdivider shall complete an application form provided by the
director which shall require that all legal owners of the land proposed for subdivision sign the
application for subdivision and authorize the subdivider to act as an agent.
(b) Filing fee. The application shall include the filing fee pursuant to the requirements of
this chapter.
(c) Preliminary plat. The preliminary plat shall include the requirements set forth below:
(1) Preparation. The preliminary plat shall be prepared by or under the
supervision of a surveyor or engineer. The surveyor or engineer shall stamp and sign the
preliminary plat.
(2) Size and scale. The preliminary plat shall be drawn according to size and
scale acceptable for filing in the bureau of conveyances and/or land court, or other appropriate
size accepted by the director.
(3) Contents. The preliminary plat shall include the following information:
(A) Name of subdivision. Proposed name, if applicable, 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;
(B) Date, north arrow, and scale of drawing;
(C) Location of subdivision. Tax key number and other information to
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sufficiently describe and define the location and boundaries of the proposed subdivision
according to the real property tax records;
(D) Names and addresses of the owner, subdivider, and engineer or
surveyor who prepared the plat;
(E) Acreage of proposed subdivision and number of lots;
(1~) Streets. Location, widths (right-of-way and pavement widths),
classification, and names of all existing streets, and right-of-way widths of proposed streets,
within or adjacent to the tract, together with easements, other rights-of-way, and other important
features, such as corner radii, property boundary lines, and control of access lines adjacent to
State highways;
(G) Topography, natural and historicallcultural features. Location of
known significant historical/cultural sites, trails, and other known significant natural or cultural
features. 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 the director or chief engineer. In addition, the contours
as may be required by the manager. State department of health, and chief engineer shall be
shown;
(H) Drainage. The location and direction of all known water courses, and
special flood hazard areas and base flood elevations pursuant to the requirements of the flood
control code;
(I) Existing and proposed uses. Existing and proposed uses of the tract,
and known existing uses of adjoining parcels;
proposed lot numbers;
purpose;
(J) Zoning. Zoning of the tract and adjoining parcels;
(K) Lots. Proposed lots, showing approximate dimensions, lot size and
(L) Easements. Existing and proposed easements, showing width and
(M) utilities. The approximate location of existing sewers and water
system improvements, culverts and drain pipes, electric, telephone, and cable TV conduits or
lines within the subdivision and in the adjoining streets and property:
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(N) Dedication. Parcels of land proposed to be dedicated to public use.
(d) Supplementary information. The preliminary plat shall include the following
explanatory information (if it cannot be shown practicably on the preliminary plat, it shall be
submitted in separate documents or exhibits accompanying the preliminary plat):
(1) Vicinity map. A scaled vicinity map, 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 map. Where the area to be subdivided contains only part of the
property owned or controlled by the subdivider, the director may require a sketch of a tentative
layout for streets in the unsubdivided portion;
director;
(3) Deed restrictions. Proposed deed restrictions in outline form if required by the
(4) Water system (private). If not connecting to the County water system,
statement regarding water systems to be installed, including source, quality and quantity of
water;
(5) Title report. When required by the director, a title report issued by a title
company in the name of the owner of the land, showing all parties whose consents are necessary
and their interests in the premises.
Section 23-3-7. Review.
(a) The director shall furnish one copy of the preliminary plat and supplemental materials
within fifteen (15) days after the filing date of a complete application to the manager, chief
engineer, fire chief, and environmental engineer, and when a subdivision is adjacent to a State
highway or proposed State highway, to the district engineer.
(b) The above listed officers shall transmit any comments to the director within thirty
(30) days of the filing date of the complete application for preliminary subdivision approval.
Section 23-3-8. Action. Within forty-five (45) days after the filing date of a complete
application, the director shall act as follows:
(a) Preliminary subdivision approval. The director shall approve the preliminary plat
with or without conditions, provided there is full compliance with all requirements of this
chapter. Approval of the preliminary plat shall indicate the director's directive to prepare
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construction drawings and/or the final plat based on the approved preliminary plat, provided
there is no substantial change in the plan of the subdivision as shown on the preliminary plat and
there is full compliance with all applicable 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 the other
retained by the director. At such time the director shall stamp the preliminary plats:
"Subdivider authorized to prepare detailed
drawings of plat as approved including
corrections or conditions noted on map or approval letter.
Recordation with the Bureau of Conveyances,
State of Hawaii, not authorized until approved
for recordation at a later date."
(b) Disapproval. The director shall disapprove the preliminary plat if the map does not
conform to 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 approve or disapprove if the
preliminary plat requires additional reports or data from the subdivider, or minor changes to the
preliminary plat are required. The deferral shall be for a period of thirty (30) days. A request for
an extension of the deferral may be made by the subdivider in writing to the director stating the
reasons therefor, prior to the expiration of the thirty (30) day period. Only a single extension
may be granted by the director for a reasonable time period not to exceed six months. Failure to
provide the required additional information within the prescribed thirty (30) day or extension
period shall automatically terminate all proceedings, and the application shall become null and
void. If a subdivider desires to activate the application, the subdivider shall file a new
application and submit a new preliminary plat with the required filing fee. If the subdivider has
provided the required information and the director has not rendered a decision within the deferral
period, the provisions of the following subsection relating to "no action" shall take effect.
(d) No action. If no action (approval, disapproval or deferral) is taken by the director
within forty-five days after the filing date of a complete application, or such longer period as
may have been agreed upon in writing, the preliminary plat shall be deemed approved, and the
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director shall endorse the approval of the preliminary plat upon the face thereof.
Section 23-3-9. Effective period of preliminary subdivision approval. The approval
of a preliminary plat shall be effective for a period of three years from the approval date of the
preliminary plat, at the end of which time the subdivider shall have filed a complete submittal for
final subdivision 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, the director may grant additional extensions; however such further
extensions shall be subject to the technical review of the applicable agencies and changes may be
required to comply with changes in standards or requirements, provided such changes in
standards or requirements have been adopted by rule or ordinance. If no final subdivision
approval has been applied for within the three year period and no extension has been granted, the
preliminary approval shall be null and void. This subsection shall be applied to all subdivision
applications which have received preliminary subdivision approval and which have not
completed subdivision improvements, provided the three year period, and extension, if
applicable, shall be taken from the effective date of this ordinance and not from the date of
preliminary subdivision approval,
Division 3. Construction Plans.
Section 23-3-10. Submittal requirements. After the subdivider has secured preliminary
subdivision approval, and before beginning construction of the improvements therein, the
subdivider shall prepare and submit copies of the construction plans to the director, chief
engineer, manager, environmental engineer, district engineer (when the subdivision is adjacent to
a State highway or a proposed State highway), or other agencies as required by the director for
their review and approval. The subdivider shall also submit to the 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 construction, drainage structures (with drainage report
and calculations when required by the chief engineer), sewers, water system improvements and
all other utilities to be installed in the proposed subdivision. The construction plans shall be
drawn in accordance with the prevailing standards and requirements of the respective agencies.
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Included with the construction plans shall be a layout map showing the approximate location of
proposed lots and streets. Plans shall be prepared by an engineer, stamped, and signed.
Section 23-3-11. Review. The subdivider shall be responsible for making necessary
modifications and corrections to the satisfaction of the affected agencies, and may work directly
with said agencies in making acceptable modifications and corrections.The construction plans
shall be examined as to whether it conforms with the approved preliminary plat, any conditions
of preliminary subdivision approval, and the standards set forth in this chapter. The information
on the construction plans may also be verified by entering upon the respective subdivision.
Section 23-3-12. Action. The agencies required to review the plans shall approve or
specify changes required to the construction plan tracings within sixty (60) days of the submittal
date of the construction plans. When changes are required, the subdivider or engineer may
resubmit revised construction plans and the agency shall approve or specify corrections to
implement the changes previously specified by the agency within thirty (30) days of each
resubmittal date. If no action is taken within the prescribed time limits, the construction plans
shall be deemed approved by the respective agency as submitted and the director shall indicate
such approval on the plans. Approval of the construction plans shall not relieve the subdivider
nor the engineer of the responsibility for any and all defects that may become evident subsequent
to the plan's approval. When all agencies required to approve the plans have signed the tracings.
or the plans have been deemed approved, the director shall send a notification to the subdivider
authorizing construction to start, subject to payment of the inspection fee, notice of construction
start date, and submittal of the required number of copies of the construction plans. If
construction has not started within one year from the approval date (date of respective agency's
approval on the tracing or, if deemed approved, the date of the director's notification letter to the
subdivider), then the construction plans shall be resubmitted for review and approval by all
required agencies, provided that such review is limited to standards and requirements that have
been amended by rule or ordinance. Once construction has started, the construction plans are
valid throughout the construction period, provided the construction duration does not exceed
three years in which case the plans shall be subject to review at the request of the affected
agencies, provided that such review is limited to standards and requirements that have been
amended by rule or ordinance.
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Division 4. Final Subdivision Approval.
Section 23-3-13. Alternative procedures for final subdivision approval.
After the subdivision has received preliminary subdivision and construction plan approvals, the
subdivider shall either:
(a) construct the required improvements prior to seeking final subdivision approval, or
(b) enter into an agreement with the County guaranteeing the construction of
improvements.
Section 23-3-14. Agreement to complete construction. A subdivider may secure final
subdivision approval prior to completion of construction by entering into an agreement with the
County, signed by the mayor, the director and the department of public works and, when
appropriate, the department of water supply; and file with the director and the department of
water supply, when required, 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 agreement and security documents to
the corporation counsel for approval as to form and legality. The corporation counsel shall
approve, suggest revisions, or reject the documents within fifteen days of the date the documents
are submitted by the subdivider to the director.
(a) Final plat map. The subdivider shall file the final plat map in accordance with the
requirements of this chapter prior to or concurrently with the subdivision agreement. The
director shall approve the final plat map prior to approving the bond or other acceptable
guarantee.
(b) Agreement to provide improvements and utilities. The agreement shall specify that
the subdivider shall complete all required improvements and utilities within two years of the date
of final subdivision approval, or as extended with approval by the director, to the satisfaction of
the chief engineer and when appropriate, the department of water supply. The agreement 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:
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(1) If the subdivider fails to complete:
(A) The required improvements within the time specified; and
(B) 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,
(c) Bond or other acceptable guarantee.
(l) The agreement shall be secured by 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 (including contingencies and inflation where appropriate) 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.
(d) Approval of improvements constructed after final subdivision approval. The same
requirements and procedures to construct improvements set forth in the following section shall
apply whether the subdivider constructs the improvements before final subdivision approval or
after subdivision approval in compliance with a subdivision agreement.
Section 23-3-15. Construction of improvements - inspection and certification.
(a) Inspection fee.
(1) Prior to the beginning of construction of the required improvements, the
subdivider shall be required to pay a fee of one-half percent of the estimated 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 representative, but not
less than $125 to cover the cost of inspection, Inspection fees charged by the department of
water supply shall be in accordance with the adopted rules of said agency.
(2) Fees received from or on behalf of the subdivider shall be payable to the
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director of finance and deposited with the chief engineer and/or manager as appropriate,
(3) When the subdivider requests that inspections be made other than during
normal working hours, the chief engineer may request additional fees to cover such overtime
inspections in accordance with section 2-5 of the County Code.
(b) Notice; copies of construction plans. Before starting any construction work, the
subdivider shall give written notice at least two working days 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 the number of prints of approved construction
drawings and specifications required by the department of public works, and the number of prints
required by the department of water supply (if construction involves a water supply system). The
inspection fee, notice, and copies of construction plans shall be submitted concurrently.
(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.
(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.
(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 the chief engineer and manager (if construction
involves a water supply system).
Section 23-3-16. Submittal requirements. The subdivider may file for final
subdivision approval after certified completion of the improvements in accordance with the
approved construction plans, or approval of the construction plans. The application for final
subdivision approval shall include the following:
(a) Final plat.
ME
(1) Preparation. The final plat shall be prepared by or under the supervision of a
surveyor, stamped, and signed. The final plat shall also be submitted as an electronic file in form
and content specified by the director. The final plat shall conform to the construction plans as
approved or as -built. If the final plat, following approval by the director, is to be filed as a file
plan or with the land court for recordation, then the applicable rules for file plans or the rules of
the land court for land court subdivisions shall supersede the requirements in this section
wherever a conflict arises.
(2) Size and scale. The scale and sheet size utilized on this drawing shall be the
same as required for the preliminary plat.
(3) Contents. The final plat shall include the following information:
prepared the plat;
(A) Date, north arrow, and scale of drawing;
(B) Name of the subdivision, if applicable;
(C) Names and addresses of the owner, subdivider, and surveyor who
(D) Boundaries, dimensions, reference points. The plat shall be based on
an accurate survey, coordinated to County street monuments and government survey
triangulation stations, and permanent monuments 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:
(i) All stakes, monuments or other evidence found on the ground
and used to 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 center line 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;
(vi) Tract boundary lines; land commission award boundaries;
right-of-way lines and center lines of streets, lot lines with dimensions, azimuths and radii, arcs,
32
points of curvature and tangent azimuths;
(vii)I.ot and easement identification with areas in accordance with
customary engineering and surveying practices;
(viii)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. If the easement is being dedicated as shown on the
map, it shall be properly referenced in the owner's certificates of dedication;
(ix)The width of the portion of streets being dedicated, the width of
any existing right-of-way and the widths each side of the center line; for streets and curvature, all
curve data shall be based on the street center line and, in addition to center line dimensions, shall
indicate thereon the central angle; future streets and road widening lines; control of access lines
adjacent to arterial highways or major collectors;
(x) Minimum building setback lines, where not otherwise fixed by
a building code or County ordinance.
(F) Base flood elevations for subdivisions located in special flood hazard
areas as required in the flood control code.
(b) Supplementary information. in addition to the final plat, the application for final
subdivision approval shall include the following, as appropriate:
33
Supplementary Information
Construction
Construction
Completed
Bonded
(1) Inspection certification of approval. A copy of the letter from the chief
X
engineer and/or manager, as appropriate, certifying that the subdivision
improvements have been completed to acceptable standards.
(2) Surveyor's certificate. A certificate from a surveyor attesting to the
X
accuracy of the final plat and that all required markers and monuments have
been placed in the ground.
(3) Title report. When required by the director, a complete title report issued
X
X
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.
(4) Deed restrictions or covenants as required by this chapter.
X
X
(5) Evidence of formation of legal entities when required to operate and
X
X
perform all required maintenance and services.
(6) Written proof that all taxes and any County liens on the tract are paid to
X
X
date, except for assessment liens outstanding to the County in which case
evidence shall be submitted of payment in full or ratable reallocation between
or among the lots resulting from the subdivision.
(7) Subdivision agreement and security documents as approved by the
X
corporation counsel and executed by subdivider.
(8) Cost estimate certified by the department of public works and/or manager,
X
as applicable.
Section 23-3-17. Review.
(a) Within fifteen days after the filing date of a complete submittal for final subdivision
approval, the director shall submit copies of the final plat and other data to the chief engineer,
manager, environmental engineer, and district engineer for review with the director.
(b) The above listed officers shall transmit any comments to the director within thirty
(30) days of the filing date of a complete application.
Section 23-3-18. Action. Within forty-five days after the filing date of a complete
submittal for final subdivision approval, the director shall review the submittal and take action as
34
follows:
(a) Final approval. Final subdivision approval means that the subdivision has met al I
requirements of this chapter, conforms with the approved preliminary plat and construction
plans, has fulfilled all conditions of preliminary subdivision approval, all required improvements
have been constructed or bonded, and all required fees have been paid. Upon final approval, the
director shall stamp four copies of the final plat:
"SUBDIVISION NUMBER
APPROVED FOR RECORDATION."
The approval shall bear the signature of the director. The planning department shall then retain
one copy of the final plat, and forward one copy of the final plat to the County real property tax
division, one copy to the surveyor who prepared the final plat, and one copy 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 other discrepancies. Such errors or
discrepancies shall be revised or corrected, upon request, to the satisfaction of the director.
(b) Disapproval. Ifthe director disapproves the plat, the grounds for disapproval shall be
stated in writing to the subdivider and filed in the records of the planning department.
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 in this chapter, the subdivider shall file one set of as -built
construction plans with the department of public works, and the department of water supply (if
applicable), including an electronic file of such plans if required. Within fifteen days of the
filing of the as -built construction plans, the respective departments shall review the performance
and, if approved, thereupon notify the director to 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.
Division 5. Recordation, Changes, and Approvals after Final Subdivision Approval.
35
Section 23-3-20. Recordation of final plat. After the director grants final subdivision
approval, the subdivider may file and record the plat.
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.
Section 23-3-22. Nullification of plats.
(a) The director may nullify a final subdivision approval when the subdivider has
breached a subdivision improvement agreement and the County is unable to obtain funds to
complete construction of the required improvements.
(b) The subdivider may also apply to the director to nullify any approved final plat or any
part of any approved final plat subject to the following conditions:
(1) the final plat has not been recorded;
(2) no lot within the subdivision has been sold or otherwise transferred;
(3) no building permit has been issued or any encumbrance placed on any lot
within the subdivision; and
(4) the subdivider has returned all original final plats signed by the director.
(c) The nullification shall be effective as of the date stated in a letter of notification to the
subdivider. The director shall send a copy of the notification letter to all agencies that reviewed
the final subdivision application or received copies of the final plat.
Section 23-3-23. Dedication procedures.
(a) Dedication documents. For improvements intended or required to be dedicated to the
County, the subdivider shall, upon receipt of final subdivision approval, certified completion of
the required improvements, and release of surety, file with the director, the following documents:
(1) Dedication deeds, grants of casements, and bills of sale. One original and three
copies, or more if requested, executed and notarized for review and approval by the corporation
counsel;
(2) Executed exemption from conveyance tax certificate(s);
(3) Title report, title insurance, or other evidence of lien -free conveyance of the
improvements or land if required by the director;
(4) Map showing the areas offered for dedication;
(S) Four sets of as -built prints and one set of tracings of the complete construction
36
plans of those improvements offered for dedication including an electronic file of such plans if
required;
(6) Applicable department of health permits if drywells are located within the
dedicated area;
(7) Surveyor's certification attesting that all required monuments have been
placed in the ground and accurately located.
(8) Recordation fees for recording the appropriate documents in the bureau of
conveyances or land court, as applicable.
(b) Acceptance of dedication. The director shall review the dedication documents for
completeness and forward for review a complete set of the dedication documents to the
corporation counsel, chief engineer, and manager, if applicable. When the documents are in
order, the director shall submit the dedication documents to the council and water commission, if
applicable, for acceptance. The County shall record the accepted conveyance documents.
(c) Maintenance of dedicated areas until acceptance. The subdivider shall maintain all
improvements until the offer of dedication has been accepted by the council or water
commission, as applicable.
Article 4. Design and Improvement Standards.
Division 1. General requirements.
Section 23-4-1. Compliance with applicable rules and regulations required.
Subdivisions shall conform to the standards set forth in this article and rules promulgated
pursuant to this chapter; the general plan, other officially adopted County plans, the zoning maps
and other provisions of the zoning code; the building, fire, flood control, and other applicable
provisions of the County Code; and the requirements of Federal law, State law, County
department of public works, State department of health, State department of transportation, and
County department of water supply.
Section 23-4-2. Monuments. Monuments 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 director. All lot comers shall be properly
established and marked with one-half inch round galvanized pipe or equal and firmly and
permanently set in the ground.
37
Division 2. Lots.
Section 23-4-3. Lot size, shape, and sethack line. The lot size, width, shape, and
orientation, shall be appropriate for the location of the subdivision in conformance with the
provisions of the zoning code.
Section 23-44. Minimum lot sizes and dimensions.
(a) The minimum sizes and dimensions of lots shall be in conformance with the
provisions of the zoning code.
(b) Where property will not be served by a public sewer, lot sizes for wastewater disposal
systems shall conform to the requirements of the State health department and shall take into
consideration problems of water supply and wastewater disposal.
Section 234-5. Lot side lines. In general, the side lines of a lot shall run at right angles
to the street upon which the lot faces, or on a curved street or circular turnaround they shall be
radial to the curve, unless a variation from this rule will give a better street or lot plan.
Section 23-4-6. Flag lots. Flag lots, which consist of an access drive and the main body
of the lot, shall comply with the requirements of the zoning code, and the following standards:
(a) The access drive shall have a minimum width of fifteen feet, a maximum length of
one thousand feet, and a maximum grade of twenty percent, unless otherwise approved by the
director upon conferring with the fire chief;
(b) The access drive shall be the sole access for only one lot. The director may allow dual
access of an access drive;
(c) No more than two access drives may be located adjacent to each other.
Section 23-4-7. Large lots. In subdividing tracts into large lots which are more than
double the minimum lot size for the zoning district, the director may require that the lots be of
such size and shape, 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.
Division 3. Streets and Pedestrian Ways.
Section 23-4-8. Public streets. A public street shall be designed and constructed in
accordance with the requirements of this chapter. In recognition that the design of a street
requires flexibility to meet the divergent needs of pedestrians, bicyclists, motor vehicles, and
38
transit, as well as to better relate the street to the adjacent and future land uses, the director in
consultation with the chief engineer may approve variations to the requirements in this chapter
based on the following reasons:
(a) The variation will not be detrimental to the public safety, health, or welfare or
injurious to other property; and
(b) The variation will not jeopardize access by emergency vehicles; and
(c) The variation will not impose a substantially greater maintenance burden compared to
the standard requirement; and
(d) The variation will fit with the street layout of the surrounding areas; and
(e) The intended purpose for the requirement is met or better served by the variation; or
(f) Overriding factors, such as climate, make the variation more practical; or
(g) The variation is necessary to meet unique circumstances; or
(h) The variation meets other criteria specified in this chapter.
Section 23-4-9. Private streets.
New private streets are limited to streets that have been determined by the director as not
being necessary as through streets within a local network serving the general area. The
preliminary plat shall clearly identify the streets intending to be private. A street meeting only
the minimum requirements of this section cannot be dedicated to the County. The department of
water supply shall be consulted regarding conditions under which the public water system may
be extended into a private street. Private streets shall be designed to meet the following minimum
standards:
(a) Right-of-way and pavement widths. The right-of-way and pavement widths shall be
adequate to accommodate its intended functions in the context of the overall subdivision design
for vehicular traffic circulation and need for on -street parking, emergency vehicles, pedestrian
circulation, bicycles. drainage, and utilities.
(b) Surfacing. The driving surface shall be a compacted all-weather surface with
adequate base and subbase course appropriate for the soil conditions.
(c) Access by public service and emergency vehicles. The design, construction, and
maintenance of private streets shall provide safe passage for emergency and public service
vehicles. All entrances to subdivisions with private roads shall be designed to enable 24-hour
39
access by emergency or utility vehicles. The pavement width and curb radius at the entrance
shall be adequate to accommodate an emergency vehicle on one pass.
(d) Intersections with public streets. The design, location, and maintenance of private
streets shall provide for safe intersection with public streets.
(e) Sidewalk, curb, and gutter. Sidewalks may be required as needed for the safety of
pedestrians. Sidewalks may be constructed along roadways on one or both sides of the streeet, or
at other suitable locations outside the right-of-way.
(f) Street lights. Except at intersections with public streets, street lights shall not be
required unless necessary for public safety.
(g) Other. Divided roadways may include medial separations and elevations separations.
(h) Recorded notice of private street. As part of the application for final subdivision
approval, the subdivider shall submit a recordable document to the director which shall describe
all private 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 a statement
as follows: private streets within the subdivision which have not been built to the standards
required for public streets are not dedicable to the County of Hawaii unless such streets are
brought into compliance with the requirements for dedication by the time they are offered for
dedication; and the County is not responsible for the maintenance of any private streets. The
director's review shall be limited to ensuring that a legal entity will be established with clear
authority and means to mainatain the private streets, and that the proper disclosure has been
included regarding the private ownership of the streets, 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.
Section 234-10. Street classification.
(a) All public streets shall be classified as either primary arterial, secondary arterial,
major collector, minor collector commercial or industrial street, or local street. The classification
shall serve as the basis to plan and develop a coordinated circulation network, to control access
to those streets intended to serve as major through connectors, and to fit the design of the street
to its intended function. The classification shall be based on the general plan, other officially
adopted plan, or determined by the director based on the following intended functions with
40
minimum eights -of -way width and design speeds as set forth in Table 1:
(1) Arterial. An arterial is a high-volume street where access is controlled to enable
relatively high-speed travel. Its function is to conduct traffic between communities and activity
centers and to connect communities to major highways. Subcategories include:
(A) Primary arterial. A primary arterial is a regional highway that conducts traffic
to and from major traffic generators, and between or through large areas or communities.
(B) Secondary arterial. A secondary arterial is a street intended to collect and
distribute traffic in a manner similar to primary arterials, but to and from lesser traffic generators,
and carrying traffic from collector streets to primary arterials.
(2) Collector. A collector is a street intended to provide for traffic movement between
the arterial system and the streets serving neighborhoods and other smaller areas, but may also
provide to some extent direct access to abutting properties. Subcategories include:
(A) Major collector. The major collector is the principal traffic artery within
communities and carries relatively high traffic volumes. Its function is to promote the free flow
of traffic; therefore, on -street parking would he permitted only with approval by the director,
upon conferring with the chief engineer. The secondary function is to provide access to abutting
lots.
(B) Minor collector. A minor collector is a street whose principal function is to
provide access to abutting properties but is also designed to he used or is used to connect local
streets with collector or arterial streets.
(3) Access. An access street is intended exclusively for access to abutting property.
Subcategories include:
(A) Commercial or industrial. A commercial or industrial street provides access
to lots in the commercial or industrial zoning districts.
(B) Local. A local street is a cross street, loop, or cul-de-sac that provides access
to lots in the residential or mixed residential/commercial zoning districts (RCX, CN).
Section 23-4-11. Access to lots; through tots.
(a) Access to lots. Each subdivided lot shall abut upon a public street or approved private
street. No lot shall be platted without access to a street. The director may indicate the side or
sides of any lot from which driveway access shall be permitted or prohibited. Permanent
41
easement for access may be established upon the director's approval. Land reserved for any road
purposes (except temporary turnarounds) may not be counted in satisfying yard or area
requirements of the zoning code, regardless of whether the land is to be a public or private
roadway lot or easement.
(b) Access to and buffer from arterial and major collector streets. Where a subdivision
abuts or contains an existing or proposed public arterial or major collector street, no direct
driveway access may be provided from the lots within this subdivision onto the arterial or major
collector 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 a
non -access reservation (i.e., a reserve strip) along the rear property line, or such other treatment
as may be necessary for adequate buffering of properties and to afford separation of through and
local traffic.
(c) Through lots shall be avoided except where essential to:
(l) 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 that the through lots he reverse frontage lots. The
subdivision plat shall designate the side with no right of vehicular access using 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.
Section 23-4-12. Street layout in conformance with general plan, zoning, and
topography.
(a) The location, width, and grade of a street shall conform to the 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) The director may require the reasonable dedication of streets, to be constructed by the
subdivider or reserved for future street purposes, in proportion to the need being generated by the
subdivision where necessary for the convenient movement of traffic, effective emergency
services, efficient provision of utilities, or in accordance with the general plan or zoning maps.
42
For streets other than access streets that are extended through the tract being subdivided, the
director shall consider the following:
(1) Incorporation and construction of minor collector street. If (i) the general
plan, zoning, or other plan officially adopted by the State or County proposes a new minor
collector street across part of a subdivision tract, and (ii) an alignment for the minor collector
street has been determined to a reasonable degree of certainty, and (iii) the minor collector street
could appropriately serve to provide direct access to lots within the subdivision, then the
subdivision shall incorporate this minor collector street into its internal road layout.
(2) Reservation of future right-of-way. If (i) the general plan, zoning, or other
plan officially adopted by the State or County proposes a new arterial or major collector street
across part of a subdivision tract, and (ii) an alignment for the street has been determined to a
reasonable degree of certainty, and (iii) the County's zoning and subdivision regulations
reasonably allow the subdivider to realize the maximum lot density allowed by the tract's zoning
and physical characteristics and still avoid developing that part of the tract needed as future right-
of-way for the proposed street, then the subdivision shall include reservation of the street's future
right-of-way, meaning that no portion of any of the lots shall extend into the land area needed as
the future right-of-way.
(3) Applicability. If neither the conditions of (1) nor (2) above applies to a
proposed subdivision across which a major street is proposed, then no incorporation of the
proposed street or reservation of future right-of-way is required.
Section 23-4-13. Widening of existing streets within or adjacent to subdivision.
When an existing public 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, improved and
dedicated to the County as required by the director.
Section 23-4-14. 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 public or private street shall be extended to the boundary of the subdivision
resulting in a temporary dead-end street. The director may require temporary turnarounds to be
constructed at the end of such streets pending their extension when such turnarounds appear
necessary to facilitate the flow of traffic or accommodate emergency vehicles, with the notation
43
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 1000 feet may be created unless
approved by the director upon conferring with the fire chief.
(b) Reserve strips. Subject to access restrictions relating to arterial and major collector
streets, the creation of reserve strips shall not be permitted adjacent to a proposed street in such a
manner as to deny access from adjacent property to such street.
(c) Street plugs. The director, upon conferring with the chief engineer, shall determine
whether street plugs or construction of the street extension will be required in a particular
location. In making this determination, the director shall consider the following criteria:
(1) An equitable distribution of street extension costs between subdividers of
adjoining subdivisions;
(2) The primary beneficiary of a future street extension should bear the major
share of the costs of installation of improvements; and
(3) Where subdivisions of adjoining lands is unlikely in the immediate future,
street plugs are preferred.
(d) Exceptions. Stubouts or street plugs shall be required except when the director, as
appropriate, determines that:
(1) Physical barriers or environmentally sensitive areas should not be crossed such
as watercourses, flood areas, or steep topography.
(2) The stubout or street plug would connect properties where the zoning or land
uses are incompatible, and the connection would create traffic detrimental to residential land
uses.
(3) The size of the adjacent parcel is significantly larger than the tract being
subdivided and other more desirable connections are available to the large parcel.
Section 23-4-15. Cul -de -sass. All permanent dead-end streets shall be developed as cul-
de-sacs in accordance with the specifications set forth below.
(a) Length. For convenience to traffic and more effective access for emergency vehicles,
a cul-de-sac, whether public or private, shall not be more than one thousand feet in length;
provided that longer streets may be approved by the director when unusual topography or land
configurations exist. A cul-de-sac length is measured from the intersection of the center line of
44
the rights-of-way to the center point of the turnaround.
(b) Turnaround. All cul-de-sacs shall terminate with a circular turnaround having a
minimum forty-five feet eight -of -way radius, except that a T -turnaround or other suitable
turnaround may be permitted, if in the opinion of the director, this type of turnaround meets the
requirements of the situation.
Section 23-4-16. Half streets.
(a) A half street shall not be permitted except:
(1) 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 property is
subdivided.
(b) Whenever a half street is adjacent to a tract to he subdivided, the other half of the
street shall be platted within the tract.
street.
streets.
(c) Reserve strips and street plugs may be required to preserve the objectives of a half
(d) The director may specify a minimum right-of-way and pavement width for the half
(e) The director may require that the half streets remain as private streets until the
remaining halves are completed and improved to dedicable standards.
Section 234-17. Pavement width.
Pavement widths shall be in accordance with the minimum widths set forth in Table 1.
The director, upon conferring with the chief engineer, may approve variations to the minimum
widths based on the principle that the pavement width shall be the minimum necessary to
reasonably accommodate its intended functions and its relationship to existing and planned
surrounding streets, taking into consideration the following factors:
(a) On -street parking. Unless off-street parking arrangements are provided in excess of
the minimum requirements set forth in the zoning code, on -street parking (one -or two-sided)
shall be provided along minor collectors and access streets in the industrial, commercial, and
high density residential districts (RD, RM, RCX). On -street parking shall be prohibited along
major collectors and arterials, unless otherwise approved by the director, upon conferring with
the chief engineer. For local streets, one freely moving lane is acceptable where parking is
provided on one or both sides.
(b) Travel lane width. For arterials, major collectors, minor collectors, and
commercial/industrial streets, travel lanes shall be of sufficient width to accommodate large
trucks and transit. Local streets shall be of sufficient width to accommodate standard passenger
vehicles.
(c) Curb drainage. Where curbs are provided, a minimum of T measured to the curb face
(or center of roll curb) shall be added to the travel lane width to accommodate drainage along the
curb.
(d) Number of lanes. One-way streets may be provided.
(e) Bicycle lanes. Additional pavement width shall be provided in conformance with any
plan officially adopted by the County for purposes of accommodating bicycle traffic.
Section 23-4-18. Curb, gutter, sidewalk.
(a) Where required. Sidewalks shall be provided on both sides of all classifications of
public streets located in areas zoned for single family residential with minimum lot sizes 10,000
s.f. or less, multiple residential, residential -commercial, all commercial districts, industrial -
commercial, and resort; provided, however, that the sidewalk requirements for arterials shall be
at the discretion of the chief engineer or district engineer. Curbs are required for all streets when
sidewalks are required or when otherwise required in the discretion of the director.
(b) Construction specifications. The sidewalk shall be a minimum width of five feet made
of concrete, Only standard drop curbs may be used, except that roll -type curbs may be permitted
along streets within residential districts with gradients less than 10%.
(c) Disability standards. Sidewalks within public rights-of-way shall conform to
requirements of the Americans with Disabilities Act.
(d) Special conditions. In any zoning 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, playgrounds, commercial, or civic facilities;
(e) Planting strip. For purposes of safety and aesthetics, a strip of grassed or landscaped
area at least two feet wide shall separate sidewalks from adjacent curbs in areas zoned
46
Residential with minimum lot site 10,000 square feet or less; in all other areas, the sidewalk may
extend to the curb;
(f) Fee in lieu of construction. Where sidewalks are required, the director may instead
accept a fee, bond or other guarantee, or other reasonable means to ensure the subdivider's
proportionate contribution to such improvements in lieu of construction if the sidewalks would
not presently connect to a pedestrian network connecting to a park, school, commercial, or civic
area.
Section 234-19. Shoulders and swales. Where curbs are not required, shoulders for
public streets shall be structurally able to carry the traffic load for emergency parking. Swales
shall be non-erosive and easily maintained.
(a) in areas where the median annual rainfall exceeds Ili inches, the shoulders and swales
along public streets shall be paved.
(b) In areas where the median annual rainfall is less than 70 inches, grass shoulders along
public streets are permitted, except at intersections and other areas where vehicles tend to run
over the shoulder area. Grass swales are permitted, except as follows: where gradients exceed
8%, where projected runoff velocities exceed five feet per second, or fill sections.
(c) Variations. The director, upon conferring with the chief engineer, may approve
variations based on adequate provisions to control erosion or to minimize maintenance costs.
Section 234-20. Pavement design. The minimum pavement design for a public street
shall be as set forth in Table 1. The director, upon conferring with the chief engineer, may
require or approve variations to the minimum design when appropriate for the anticipated traffic
load, subgrade soil, surface and subsurface drainage, and climatic conditions based on soil
analysis and recommendations by an engineer experienced in soil mechanics and/or pavement
design.
Section 234-21. Grades and curves.
(a) Street grades. All street profiles shall follow the natural contours whenever practical,
while also considering drainage and traffic safety requirements. Table 1 establishes a minimum
grade for drainage purposes and a maximum grade to ensure traffic safety, especially under wet
conditions. and accessibility by emergency vehicles. The minimum and maximum grade
standards apply to public and private streets. The director, upon conferring with the chief
47
engineer and fire chief as appropriate, may approve variations to the minimum or maximum
grades based on analyses by an engineer that the intent of this sections is met.
(b) Vertical and horizontal curves. Table 1 establishes minimum standards for vertical
and horizontal curves, whether public or private streets, to ensure adequate stopping distances.
The director, upon conferring with the chief engineer, may approve variations based on the
grade, design speed, or climate.
Section 23-4-22. Intersections. Unless otherwise provided, all streets, whether public or
private, shall conform to the standards in this section.
(a) Alignment at intersections.
(1) To the extent practicable, proposed intersections along one side of a street
shall coincide with existing or proposed intersections on the opposite side of such street by
continuation of the center line. When a center line offset (jog) occurs at an intersection, the
distance between the center lines of the intersecting roads shall not be less than one hundred fifty
(150) feet.
(b) Intersection angles. Streets shall he laid out to intersect at right angles except where
topography requires a lesser angle, but the angle shall not be less than sixty (60) degrees unless
there is a special intersection design.
(c) Corner radius. For private streets, the corner radius at intersections shall
accommodate the expected amount and type of traffic, allow for safe turning speeds, and allow
reasonable pedestrian crossing time. For public streets, the intersection corners shall meet the
following standards:
(l) Intersections which are at right angles shall have a minimum corner radius
along the right-of-way line as set forth in Table 1, with the street having the highest radius
requirement determining the minimum standard for all corners of the intersection.
(2) Intersections which are not at right angles shall have a minimum corner radius
of twenty-five (25) 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 (20) feet. If unusual
topographical conditions exist that will impair sight distances and create a traffic hazard, the
director, upon conferring with the chief engineer. may specify a larger corner radius.
(d) Intersection sight obstructions. Embankments. buildings, fences, landscaping, crops,
48
parking, tree overhangs, signs, or other obstructions shall not interfere with the sight distance
anywhere within an area defined by a 30' chord centered at the intersection of right-of-way lines.
Within the defined area, the subdivider shall remove or grade any vegetation or obstruction that
exceeds 3' above the nearest roadway edge.
(e) Grade. For purposes of sight distance and providing a relatively flat approach area
where vehicles wait to enter the intersection, the grades at intersections shall not exceed 1(}0/0
within 100' of the intersection.
Section 23-4-23. Street trees. The subdivider may plant street trees within the public
street right-of-way or an easement abutting the right-of-way to be dedicated to the County,
provided that a street tree planting and maintenance plan submitted with the construction plans
indicating the quantities, locations, types, size, and planting specifications shall be reviewed and
approved by the director. The trees shall be hardy (resistant to drought, storm damage, physical
damage from human activity), have a relatively long life cycle, tend to branch high above the
ground, and require minimum maintenance (resistant to pests and disease, minimum pruning, no
significant litter problems). Adequate root control shall be provided. The subdivider shall plant
and maintain the street trees to the acceptability of the director until such time as the streets or
easements are accepted by the County.
Section 234-24. Pedestrian and bike ways.
(a) 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 I fY wide for public use with a minimum 5' wide pathway to provide such
access:
(1) Whenever the director finds that a means of pedestrian access is necessary
from the subdivision to schools, parks, playgrounds, shoreline or mountain areas or other roads
or facilities and that such access is not conveniently provided by the 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.
(b) Bikeways. Bikeways consist of bicycle routes, bicycle lanes, bicycle/walk paths, and
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bicycle paths. Where there is no existing or planned community bikeway system, the subdivider
has the option to include bikeways within the public street right-of-way. Where a bikeway plan
officially adopted by the County exists, the subdivider shall provide new bikeways consistent
with that system. Where provided as part of dedicated rights-of-way or easements, the type of
facility shall be noted on the preliminary and final plat map, and the subdivider shall improve
and provide signage.
Section 23-4-25. Street lights.
(a) Street lights shall be constructed along public streets in accordance with the
following:
(1) All subdivisions, except those located in the agricultural or rural districts; or
(2) in other zoning districts or private roads where the director, upon conferring
with the chief engineer, deems it necessary for the protection of the public safety and welfare.
(b) The construction of street lights shall be made a part of the contract for subdivision
improvement and installed coincident with other required improvements.
Section 234-26. Street names and traffic signs. To facilitate emergency response, a
street name shall be assigned to any street, whether public or private, which provides vehicular
access to two (2) or more lots. The subdivider shall provide suggested street names for approval
by the director. Street name signs showing the names of intersecting streets shall be erected by
the subdivider at each street intersection. 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.
Section 23-4-27. Improvement of offsite access street. The director, with input from the
chief engineer, may deny any subdivision application if a traffic problem would be created due to
the inadequacy of existing public streets to accommodate vehicles from the subdivision entering
the public streets. The director or chief engineer may require the submittal of a traffic study to
determine the impact of the proposed subdivision on neighboring properties and the existing
street system. The subdivider shall have the right to make all necessary improvements to
eliminate the problem at the subdivider's expense or other arrangements negotiated with the
director.
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Table 1: Design Standards for IDedicable Streets
Design Parameter
Arterial
Collector
Access
Applies to
Primary
Secondary
Major
Minor
Commercial/
Local
Private Streets
Industrial
Minimum Right -of -Way
120'
80'
60'
50'
60'40'
No
Width
Minimum with curb
State Hwy
State Hwy
36'
28'
36'
26'
No
Paved
standards
standards
Width
without curb
State Hwy
State Hwy
24'
22'
24'
16'
No
standards
standards
Access Control
Restricted
Restricted
Restricted
Permitted
Permitted
Permitted
No
Maximum Grade
State Hwy
State Hwy
16%
18%
16%
18%
Yes
standards
standards
Minimum Grade
State Hwy
State Hwy
1%
Yes
standards
standards
Minimum stopping distances
Slate Hwy
State Hwy
300' 500' 300' 100'
Yes
(vertical and horizontal
standards
standards
curves)
Corner radius
State Hwy
State Hwy
25'
20'
25'
20'
No
standards
standards
Sidewalks, Curbs
required at
required at
Roth sides
Roth sides
Roth sides of
Both sides
No
discretion
discretion of
of street in
of street in
street in CG,
of street in
of director
director
RS -10 or
RS -10 or
CV, MCX, V
RS -10 or
higher
higher
higher
density,
density,
density,
Rb, RM,
RD, RM,
RD, RM.
RCX, CG,
RCX, CG,
RCX, CN
CV, CN.
CV, CN,
MCX, V
MCX, V
Paved Shoulders and Swales
State Hwy
State Hwy
Required
Required
Required
Required
No
standards
standards
where
where
where median
where
median
median
annual rainfall
median
annual
annual
exceeds 70
annual
rainfall
rainfall
inches
rainfall
exceeds 70
exceeds 70
exceeds 70
inches
inches
inches
Cul-de-sac length
NIA
N/A
N/A
NJA
N/A
1000'
Yes
Cul-de-sac Turnaround
N/A
N/A
N/A
N/A
NIA
45'
Yes
Planting strip
No
No
No
No
No
Yes
No
Street lights
required at
discretion
required at
discretion of
required,
exceptin
required,
exceptin
required
required,
exceptin
Where required by
director
of director
director
agricultural
agricultural
agricultural
or rural
or rural
or rural
districts
districts
districts
51
Division 4. Utilities.
Section 23-4-25. Utilities location within streets.
Utilities located within the public street right -of way shall meet the standards and
requirements of the respective agency responsible for such utility.
Section 23-4-29. Utilities location outside street rights-of-way. if in the opinion of the
responsible agency, the most suitable and reasonable location for any of the utilities, such as
sewers, storm drains, water and gas pipes, electric and telephone pole lines and conduits, which
are likely to be required within a subdivision for the service thereof or for the service of areas in
the surrounding parcels, does not lie wholly within the street right-of-way, the director may
require provisions to be made for the location of such utilities on routes elsewhere than within
said street right-of-way. The subdivider shall designate the required area for all such utility
locations outside of the street right-of-way and shall deliver a proper easement or right-of-way
for the area, including a maintenance access easement where necessary. Where easements are
used, such easements shall be provided along rear or side lot lines to the extent practicable, but
need not be centered on such lines.
Division 5. Water.
Section 23-4-30. Public water system available.
(a) Where the subdivision is within the service area of the public water system and the
department of water supply determines that adequate water supply is available, the subdivider
shall provide a water system connecting to the department of water supply system upon payment
of applicable fees and other 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 departments of
water supply and fire.
Section 23-4-31. Public water system not adequate or not available.
(a) Where the subdivision is not within the service area of the public water system with
adequate capacity, the subdivider shall provide a private water system depending on the number
of proposed lots as follows:
(1) Eleven (11) or more lots: provide a private water system that meets the
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requirements of the State department of health and department of water, as applicable.
(2) Less than eleven (11) lots: the subdivider does not have to provide a water
system if the subdivision is located in an area that receives at least fifty inches median annual
rainfall.
(3) if the director finds that the subdivider has phased various subdivision
applications to circumvent the requirement to install a private water system, the director may
deny the application. The director may require the subdivider to construct a communal fire
reserve water tank with a capacity determined by the director upon conferring with the fire chief.
(b) Recorded notice. The subdivider shall submit a recordable document for review and
approval by the director and corporation counsel that incorporates the following requirements:
(1) provides notice to each lot purchaser that the lot is not serviced by a public
water system, and that any future connection to the public water system would be entirely at their
expense;
(2) for water catchment subdivisions, advises each lot owner to construct a water
catchment according to the standards or guidelines that may be issued by the County or State; if
no standards are available at the time of construction, advises the lot owner to provide a
catchment system to meet the minimum needs of the household for a 3 -month supply, and also
provide sufficient capacity for the fire fighting purposes if there is no communal fire reserve
water tank.
Division 6. Wastewater.
Section 23-4-32. Sever system available. Sewer lines shall be installed where the
subdivision is within five hundred lineal feet of an existing public sewer system or when
otherwise 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 planned for sewers, as defined by section 21-6 of the County Code, the subdivider shall
comply with the requirements of that section.
Section 23-4-33. No sewer system available. In subdivisions where sewer connections
cannot be made to an existing or planned sewer system under the requirements of this chapter,
the subdivider shall meet the minimum requirements of the State health department relating to
wastewater disposal.
53
Division 7. Drainage.
Section 23-4-34. General.
(a) The use of pervious systems such as grassed swales, waterways and infiltration beds
that combine natural storage, percolation, and channeling techniques shall be used to the extent
practicable.
(b) There shall be no increased threat to downstream property under fully developed
conditions based on the hundred -year storm. The peak rate of flow at all points along the tract
boundary shall not be greater than the predevelopment value based on the ten-year storm. Sump
conditions and culverts shall be designed for the fifty-year storm.
(c) To the extent practicable, lot boundaries shall coincide with natural and man-made
drainage ways within subdivisions to avoid the creation of lots that can be built upon only by
altering such drainage ways.
Section 23-4-35. Special flood hazard areas. All subdivisions within the special flood
hazard areas, as defined in chapter 27 of the County Code, shall be subject to the requirements of
chapter 27 including without limitation the identification on the preliminary and final subdivision
plat maps of the special flood hazard area boundaries and base flood elevations, and construction
restrictions and standards for any improvements within the special flood hazard areas. If the
Flood Insurance hate Maps have not identified special flood hazard areas or base flood
elevations for the tract, the director may require the subdivider to provide such information.
Section 23-4-36. Drainage improvements and easements.
(a) Drainage improvements. Grading shall be done and drainage structures shall be
provided by the subdivider as are deemed essential by the director, upon conferring with the
chief engineer, to protect roadways and the public.
(b) Drainage easements. Where 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 lot conforming substantially with the lines of such water course. and of such further
width as will be adequate for the purpose. The easements or lots shall include maintenance
access roads, fences, or other suitable maintenance and safety facilities as required by the
director, upon conferring with the chief engineer.
Division S. Other Public Areas.
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Section 23-4-37. Dedication for parks, playgrounds, and public access. The
subdivider shall comply with the applicable requirements of chapter 8 (relating to park
dedication) and chapter 34 (relating to public access to shoreline and mountain areas) of the
County Code and other related legal requirements pertaining to park or public access dedication.
Section 23-4-38. Reservation for parks, playgrounds, and public building sites. If
required as a condition of rezoning or an officially adopted County plan, the subdivider of a tract
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. Unless otherwise required, 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."
SECTION 3. All applications for subdivision approval, including final plats, pending on
the effective date of this ordinance shall be reviewed 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 subdivider has constructed subdivision improvements prior to
submission for final subdivision approval unless the Planning Director determines on the record
that application of this ordinance is necessary to avoid a substantial risk of injury to public
health, safety and welfare.
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 County 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.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C JNCIL MEMBER, COUNTY OF HAWAII
55
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading
Effective Date:
REFEREWCEs Com. 443
APPROVED A5 TO FORM AND LEGALITY:
Corporation Counsel
Dated: