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Home My WebLink AboutCOM 0762.021 2004-2006 Virginia Isbell vur Phone No.: (808) 326-5684 Vice Chair, Fax No.: (808) 329-4786 District 7 - Central Kona E-Mail: visbell@eo.hawaii.hi.us HAWAII COUNTY COUNCIL County ofHawai `i 75-5706 Hanama Place. Suite 109 Kailua-Kona, Hawai'i 96740 May 3, 2006 TO: Stacy K. Higa, Chair, and Council Members FROM: Virginia Isbell, Vice Chair and Council Member RE: Bill No. 246, Draft 2 Attached for your review is Bill 246, Draft 2, with the following amendments made at the May 2, 2006 meeting of the Hawaii County Council (amendments bolded for clarification purposes only): 1. Amend Section 23-62: "Section 23-62. Tentative approval of preliminary plat. (a) Within forty-five days after submission of the preliminary plat, the director shall review the plan and may give tentative approval of the preliminary plat as submitted or as modified or may disapprove the preliminary plat, stating the reasons for disapproval in writing[..-] or shall defer action pending further review. Approval of the preliminary plat shall indicate the director's directive to prepare detailed drawings on the plat submitted, provided there is no substantial change in the plan of subdivision as shown on the preliminary plat and there is full compliance with all requirements of this chapter. The action of the director with reference to any attached documents describing any conditions shall be noted on two copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the director. At such time the director shall stamp the above two preliminary plats: "Subdivider authorized to prepare detailed drawings on plat as submitted including corrections noted." Comm. No~._ 1~ Z. Ref. To: 1 C rOsesf Ref. Uote Hawai `i County Is An Equal Opportunity Provider And Employer May 3, 2006 Page 2 "Recordation with the Bureau of Conveyances, State of Hawaii, not authorized until approved for record at a later date." (b) If no action (approval, disapproval, modification, or deferral) is taken by the director within forty-five days after submission of the preliminary plat, or such longer period as may have been agreed upon in writing, the preliminary plat shall be deemed approved[, ands., 'n a the direete endorse r rr l of the p-eiifninar plat upon the face t efee The approval shall be shall on condition that the subdivider construct roads to the standards required by this chapter, a water system to the standards of the department of water supply, drainage meeting with the approval of the department of public works under section 23-92 that sewage disposal shall conform with section 23-85 if applicable and the requirements of the department of health, and that the lot sizes and dimensions must be adjusted to conform to the zoning code on the final plat. The subdivider shall comply with the provisions of this chapter in order to receive final subdivision approval. (c) The director shall disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of chapter 25, [Zoning zoning code. (d) The subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two years may be granted by the director upon timely written request of the subdivider. At the end of said three year period or its approved extension, unless all said conditions are completed, the approval of the preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the applicable agencies for compliance with current Code and rule requirements. This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from December 4, 1992 and not from the date of preliminary plat (tentative) approval. The director's deferral of a subdivision for further review under subsection (a) constitutes an acceptance of the contents of the preliminary plat as submitted and the director's issuance of tentative and final subdivision approval is valid despite the failure of the preliminary plat to include all of the information specified in sections 23-63 to 23-66. The director may May 3, 2006 Page 3 require the subdivider to submit supplementary information prior to tentative or final approval and may condition tentative or final approval on the submission of such information." 2. Amend Section 23-66: Section 23-66. Explanatory information on preliminary plat. Unless waived or deferred by the director, [T]the preliminary plat shall include the explanatory information[:] listed in this section. If [4] such information cannot be shown practicably on the preliminary plat, it shall be submitted in separate statements accompanying the preliminary plat: (1) A vicinity map at a small scale, showing existing subdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect with existing streets; (2) Proposed deed restrictions in outline form if any; [(3) The " m ate location within the sub-division aracr" d in the adjoining °t.°°tq Rnd pfoperly of existing sewers and water mains, etilverts and drain pipes, eleetFie .eonduiis r lines proposed to be used on then pei4 y to he subdivided and (4)](3) Statement regarding water system to be installed, including source, quality and quantity of water; [(3)](4) Provisions for sewage disposal, conceptual drainage and flood control which are proposed. The drainage map shall include the approximate location of areas subject to inundation or storm water overflow and all areas covered by waterways, including ditches, gullies, streams and drainage courses within or abutting the subdivision; and [(0](5) Parcels of land proposed to be dedicated to public use, and the conditions of such dedication_[-,-and (7) improvements to be made by the develaper and the approxifna4e time stle vements shall be submitted so that the), may be eheeked foF eamplianee with objeetives of these fegulations, State laws and other applieable Count), a es. f May 3, 2006 Page 4 3. Amend Section 23-69: Section 23-69. Information required on final plat. In addition to any other information required to be shown thereon under provisions of any State statute or County ordinance the following information shall be shown on the final plat and supplemental sheets: (1) Date, northpoint and scale of drawing; (2) Legal description of the tract boundaries; (3) Names and addresses of the owner, subdivider, and engineer, or surveyor who prepared the plat; [/A\ An ed street names an dedieable streets; (-i](4) Reference points of existing surveys identified, related to the plat by distances and azimuths, and reference to a field book or map as follows: (A) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision; (B) Adjoining corners of all adjoining subdivisions; (C) Boundary lines and grants within and adjacent to the plat; [(D) Whenever the Count), has established the PenteFfine of a street, adjoeent to or within the proposed subdivision, the loeation of this 1 and monuments found or r-eset;J (E) DU All other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this chapter; [(4)](5) Tract boundary lines, right-of-way lines [and renterliies] of streets: lot [and bleelfI lines with dimensions, azimuths [or- defleetion angles] and radii, [ares ] points of curvature and tangent [hearings] azimuths shall be shown; [(7)1(6) The width of the portion of streets being dedicated, the width of any existing right-of-way and the widths each side of the centerline. For streets and curvature, all curve data shall be based on the street centerline and, in addition to centerline dimensions, shall indicate thereon the central angle; [($)]Q 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 on record, a statement of such easement. The widths of the easement May 3, 2006 Page 5 and [the lengths and . fnetl„ of the lines the«eef and sufficient ties .1.efet,.] information sufficient to definitely locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication; [(9)](8) Lot [and Meek] identification which shall be according to good engineering practices; [(18)](9) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale and their use indicated; [(4)](10) Minimum building setback lines, where not otherwise fixed by a building code or County ordinance; [024](11) The following certificates which may be combined where appropriate: (A) A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recording of the plat when required by the director. (B) A certificate signed and acknowledged as above, when dedicating all parcels of land shown on the final map and intended for any public use except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. (C) A certificate with the seal of and signed by the engineer or surveyor responsible for the survey and final draft. (D) All other certificates now or hereafter required by law; [(1-3)](12) All control of access lines adjacent to State highways which shall be denoted by the State highways division standard symbol of semicircles on the control of access line. Thank you for your consideration in this matter. VI:awm