HomeMy WebLinkAboutCOM 0762.016 2004-2006
Testimony Bill 246, Planning Committee April 18, 2006
The County is not forced to adopt changes to the subdivision control code. The Planning
Department is being forced to change administrative practices to comply with Chapter 23.
The Planning Director would prefer to amend the subdivision control code. Bill 246
gives the planning director complete discretion to defer or waive substantive technical
information on subdivision plans.
Those items that may be waived on preliminary subdivision plans under section 23-63 to
23-66 are substantive requirements .integ .integrated from related state and county regulations.
These items are not re-listed as information required on the final subdivision plan, section
23-69 through 23-70. There is no "technical but non-substantive information" qualifier
for sectiorry23-63 to 23-66 as amended by bill 246.
Th proposed in Bill 246 do not comply with certain
Federal, state, and county regulations. For example:
1) HRS 46-6.5 Public access, states in relevant part: "(e) The right-of-way shall
be clearly designated on the final map of the subdivision or development..."
2) A second example is HCC Chapter 8 Park dedication code, Section 8-12
(a)(2): which states in relevant parts: "The director shall also determine the
location of the area to be provided in perpetuity at the time of preliminary
subdivision or preliminary plan approval."
3) A third example is HCC Chapter 27 Flood Control:
Section 27-14. Director of public works approval, states in relevant part: "...no
subdivision shall be approved without the approval of the director of public works
with respect to compliance with the provisions of this chapter...."
Section 27-20. Standards for subdivisions, states in relevant part:
"(b) All subdivision applications shall identify the areas of special flood hazards
and base flood elevations on the proposed site."
4) A forth example is the U.S. National Flood Insurance Act of 1968, and the
U.S. Flood Disaster Protection Act of 1973, which requires local government to
implement flood management ordinances and enforce them for a community to be
eligible for continued coverage under the National Flood Insurance program.
HCC Chapter 27 Flood Control Code is currently being reviewed by the DLNR's
National Flood Insurance Program coordinator for consistency with the
requirements imposed by these public laws. The ability to enforce Chapter 27
will be evaluated. Bill 246 undermines HCC Chapter 27.
Comm. No. s- (O
Ref. Tot!esertp
Ref. Late 6
It is easy to see that deferring or waiving information concerning water supply, water
courses, drainage, flooding, access, and easements, including public access easements and
cultural site easements, on preliminary subdivision plans is poor process and cause for
concern. Does it substantially effect the outcome of the subdivision process? Yes. It is
creating deficient subdivisions. Will replacing "shall" with "may" and sprinkling a good
dose of "unless waived or deferred by the director" and "valid despite the absence of
technical information" legitimize these subdivisions? Probably not since the underlying
issue is non-compliance with related state and county regulations.
Public participation should occur at the beginning stages of the subdivision process
to be efficient. The "practical and economical considerations" and being-"user friendly,"
reasons cited by the Planning director for justifying passage of Bill 246, are not
compelling enough reasons to encroach upon the public's right to participate in
government. In fact it can be just as easily be argued that there is less loss of time and
money when the public has complete and timely information, and can effectively
participate in the preliminary subdivision review process.
Thank you for your time.
Claudia Rohr
369 Nene St.
Hilo, HI 96720
934-8040