HomeMy WebLinkAboutORD 1947-058B Y A U T H O R I T Y
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' TERRITORY OF HA47AII
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ORDINANCE NO.~
AN ORDINANCE REGULATING THE SUBDIVISION OF REAL ESTATE ~ .-~-
IN THE COUNTY OF HAWAII, PRESCRIBING CONDITIONS FOR THE
SALE, LEASE OR RENTAL OF REAL ESTATE TO BE SUBDIVIDED;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND
REPEALING ORDINANCE nrtTMrs~FD 42.
~ IT ORDAINED HY THE BOARD OF SUPERVISORS IN AND FOR THE COUNTY' OF HAWAII:
SECTION 1. Title:
This ordinance shall be known as the "Subdivision Ordinance," and may be
cited as such.
SECTION 2. Definitions:
The following words and terms when used in this ordinance shall, Yor the
purpose thereof, have the meanings respectively ascribed to them in this sec-
tion, unless it shall be apparent from the context that a different meaning is
intended.
A. The word "subdivision" means any division of a tract, lot or parcel
of land into smaller lots, plots, or parcels for the purpose, whether immediate
or future, of sale, lease or rent for all except agricultural lands in excess
of twenty (20) acre plots.
B. The word "commission" means the Planning and Traffic Commission of the
Cit~* of Hilo and the County of Hawaii.
C. The word 'director" means the director of the Planning and Traffic
Commission.
D. The words "chief engineer" mean the chief engineer of the Department
of Public Works of the County, of Hawaii,
E, The word "subdivider" means the owner or possessor of ar~v interest
in land, desiring to subdivide land within the County of Hawaii.
'' F. The word "lot" means a portion of a subdivision or other parcel of
land intended for sale, lease or rent.
G. The City of Hilo shall be defined as all of that portion of the district
of South Hilo, County of Hawaii, which is described as follows: Bounded on the
south by the district of Puna; bounded on the west by the districts of Kau and
North Hilo; on the north by the Ahupuaa of Paukaa in the district of South Hilo;
and on the east by the sea.
H. The words "access, street" mean arty street that leaves the main highway
and provides access by persons to property off the main highway,
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SECTION }, Subul.__aior:._oo conform to ~rovis~ions _. ordinance:
In order to provide for adequate light, air, fire protection, traffic safety
and to insure the proper sanitation and drainage of lands within the County of
Hawaii, any subdivision of land within the County of Hawaii shall. comply with the
provisions and procedure hereinafter set forth.
SECTIOPt b. Boundaries to be of record:
A'o person sha]1 sell, lease or rent real estate which has been subdivided
or is claimed to have been subdivided by reason of any natural boundary unless
said boundary is a boundary of record, that is, noted as such in the records of
the Bureau of Conveyances of the Territory of Hawaii.
SECTION 5. Procedure for approval and recordation_of subdivision at
Bureau of ,Conveyances: -~-T-~-`---~` -~
Pefore any subdivider or his agent sells, leases or rents any subdivision
of land or any part thereof within the County of Hawaii, the subdivider or his
agent shall secure the approval of the commission of such subdivision.
The fo7.l.owing procedure shall be followed in securing the approval. of a
subdivision:
9. All drawings and profiles shall conform to standard engineering prac-
tices,
B. The subdivider shall submit to the commission at least three (3) copies
of a preliminary subdivision plat, or as many additional copies as may be re-
quired by the commission, which shall not be less than eight and one-half by
thirteen (B x 13) inches nor more than thirty-six by forty-two (36 x 42) inches
in size, Such preliminara~ plat shall. show the general layout of the proposed
subdivision and the information required in .Section 6.
C, The preliminary plat must be submitted to the director at least five
(5) days prior to the next meeting of the commission in order to be considered
at that meetinP.
D. The preliminary plat shall then be examined by the commission and the
chief engineer or his authorized representative; thereupon the chief engineer
or his authorized representative shall advise the commission if said subdivi-
sion conforms to the engineering standards reeuired by this ordinance. If the
plat conforms to all of the provisions of this ordinance, it shall be stamped
by said commission:
~~Subdivider authorized to prepare detailed drawings on plat as
submitted.
°Recordation not authorized until. approved for record at a later
date."
E. If no action is taken by the commission withir thirty (30) days from
the date of its filing with the commission of the preliminary plat, or such
longer period as may have been agreed upon, the preliminary: plat shall be deemed
approved, and it shall be the duty of the commission to endorse its approval of
the preliminary plat upon the face thereof.
F. If the pre]irninarv plat contains all of the information necessary for
the subdivision, as hereinafter set forth, it shall be deemed to be the sub-
division map as required in Section 7-A.
G. '~"then detail drawings, being the subdivision map, are completed as re-
quired by Section 7-A, three (3) copies shall be submitted to the commission for
examination and approval. ;"Then such detail drawings bear the approval of
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she commission, the su.,..ivi.do_ may prncesd with the cor,>,,ruction of all facilities
shown on his drawings.
H. Upon the filing of a bond, certified check or other guarantee in such
form, sufficiency, and in such amount as shall be satisfactory and acceptable to
the commission, which security shall be filed with the Department of Public Works
and held by said department as a realization in whole or in part for the correc-
tion of any defective or improper work called for on the original plans the sub-
divider may apply for approval oP the subdivision map for recordation. At the
same time he shall file with the Department of Public Works prints of all plans
prepared. :. .~, Upon the completion and acceptance of the work, the bond,
certified check or other guarantee shall be returned to the subdivider.
I. Whett the construction work is complete, and is accepted in writing by
the chief engineer, the subdivider may apply for approval of the subdivision map
for recordation. Whereupon the aommisaion shall stamp the original and a copy
of tho aubdivi.sion map:
"S U B D I V I S I O N N U M B E R
A P P R O V E D F O R R E C O R D A T I O N"
and such approval shall bear the signatures of the chairman and director of the
commission. The subdivider shall then file two (2) copies of all plans prepared
and accepted to the commission who shall retain one (1) copy and forward the
other copy to the Department of Public Works.
J. No change in a subdivision, or in the plan of a subdivision already ap-
proved, can legally be made without the approval of the commission.
K. Land shall not be offered for sale, lease or rent until after recorda-
tion of the approved subdivision map; provided, however, bona fide options or
agreements for the purchase, sale, leasing or rental of land, which options or
agree~nta are speeifical]y made aubfect to the approval of the subdivision by
the commission, may be made prior to the recordation of the eubdiviaion map;
provided, further, that upon the filing of a bond as required by Paragraph H
of thin section, land may be offered for sale, lease or rent. For the purposes
of this ordinance, the holder of any option'or agreement may act as and per-
form all the duties of the owner of the fee simple title.
L. During the making of the improvements, and installation of the facili-
ties and utilities and the carrying on of other work proposed to be done by the
subdivider, the work shall at all times be sub3ect to inspection by the chief
engineer or hie authorized representative.
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M. In case of a subdivision which irnolves no streets, drains or utilities,
the preliminary plat may be approved by the commission for recordation without the
further development of the plan into details.
SECTION 6. Information to be shown on preliminary plat and accompa~ing
papers:
The preliminary plat shall show all or such of the following information
as the commission may require:
A. Name and address of the owner of record, subdivider and surveyor or
engineer;
B. Date, north point and scale, tax key;
C. The title under which the proposed subdivision is to be recorded, with
the name and address of the technical adviser or author of the plan and a nota-
tion stating the acreage. Where in the op3.nion of the commission the con~truc-
tion plea requires the technical skill of a qualified, registered engineer, tke
commission may require that such plan be prepared by a qualified, registered
engineer;
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D. The names ox bLLbdiv...,.iona i.~ediately ad~oiniras; also the location and
names of ad3acent streets and other pnblic places or spaces on immediately ad~oin-
ing properties;
E. The approximate location in the ad3oining streets or property of exist-
ing sexers and rater mains, culi~erta and drainpipes, electric conduits or lines
proposed to be used on the property to be subdivided and invert elevations of
eexera at points of proposed connections;
F. The location of then existing property lines, streets, buildings, rater
courses, railroads, utilities, and other similar features;
G. The names, locations, widths and other dimensions of proposed streets,
easements, darks and other open spaces, reservations, lot lines, building lines
and utilities;
H. All parcels of land proposed to be dedicated to public use, and the
conditions of such dedication, i.f arty;
I. When required by the Commission, the preliminary plat shall be accompa-
nied by profiles shoring existing ground surface, natural rater courses and drain-
age channels, and proposed grades of streets, inoluding extensions for a reason-
able distance beyond the limits of the proposed grading, roadway and sidexalk,
and the preliminary plan of proposed sanitary and storm aexers, xith grades and
sizes indicated. All elevations shall be based on official government bench
marks. When required, the commission may request that true elevation be sub-
mitted;
J. The preliminary plat shall be accompanied by a plan indicating the use
of the lots proposed by the subdivider, whether for one family dxellinga, multi-
Yamily dxellinga, hotel and apartment use, business, industrial, light industrial,
noadous industry purposes, or agricultural purposes; and copies shall be aubmit-
ted of the proposed docume~ta or instruments xhereby the use, building line,
open space and other restrictions as proposed by the subdivider shall be shown;
K. A brief written outline specification of the construction details for
pavement, curb, sidexalk, catch basins, storm drains, rater mains, serer lines,
street lighting and gutters.
SECTION 7. Filing and form of subdivision ma
7C. Prints of the subdivision map referred to in Section 5 shall be submit-
ted to the commission in quadruplicate within one (1) year after the approval of
the preliminary plat. Otherwise the approval of the preliminary plat shall be-
come null and vo1d, unless an extension of time is applied for and granted by
the commission.
B. The subdivision map shall conform in size and scale to standard engi-
neering practices. When more than one (1) sheet is required, an index sheet
of the same size shall be f31ed showing the .entire subdivision on one (1) sheet,
xith lot numbers or block and lot numbers. ,
SECTION 8. Data required on subdivision map:
The subdivision Trtap ahal]. comply with and shall contain the data specified
in the following paragraphs:
A. Name and address of the oxnar of record, subdivider and surveyor or
engineer;
B. DatN, title, north point and scale, and tax key. The title shall in-
clude the Hams of the subdivision under which it is to be recorded;
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C. The locations vi ali proposed streets, easementis, parks and other open
spaces, reservations, lot lines, building lines, water lines, sewer Linea, el®c-
tric conduits, street lighting, catch basins, storm drains and gutters; also
names and lines of all ad3oining or existing streets;
D. The length and true azimuths of all straight lines, radii, chords and
central angles of all curves along the property lines of each attest, all dimen-
sions and true azimuths along the lines of each lot, and also any other data
necesdaxg for the location of all building Linea proposed to be improved by the
subdivider;
E. All subdivisions shall be shown to have been accurately surveyed, co-
ordinated to the Territorial survey triangulation stations, tied to Territorial
street monuments or other authentic street monuments, and permanently monumented
on the ground with approved survey monuments;
F. The names of all subdivisions immedi.atezv adjoining; or, when ad3oin-
ing property is not a recorded subdivision, the names of the owners thereof;
G. Tha boundary of the subdivided tract, with courses and distances marked
thereon. Such boundary shall be determined by survey in the field, which shall
be balanced and closed, made by a qualified, registered land surveyor and cer-
tified to be correct;
H. If the real estate to be subdivided is not within an area which has
been zoned, a plan showing the proposed use, yard, area, and other restrictions
oa each lot within the subdivision shall accompany the subdivision map, and a
atate~nt of the provisions and inatrmnenta whereby such buildings, building
lines, minimum yards, and use restrictions will be imposed.
SECTION 9. Requirements and standards of subdivision:
The requirements and standards of any proposed subdivision shall be as
follows:
A. Streets
1. Relation of streets to adjoining street system:
(a) Sub3ect to the regulations hereinafter specified regarding
definite minimum widths, the arrangement of streets in subdivisions shall pro-
vide for the continuation of the principal streets existing in the adjoining
subdivision, or of their proper projection when ad3oining property is not sub-
divided, and shall be of a width at least as great as that of such ad3oining,
or proposed proSected streets.
(b) Streets that are continuous shall bear the same name
throughout their length.
(c) Where, in the opinion of the commission, a topographical
condition makes such continuance of, or conformity to, exLsting streets im-
practicable, or where the commission itself adopts a plan for a community or
neighborhood area of which the subdivision is a part, and such plan provides
for coordination with the street system of the County of Hawaii, different
Yrom that of said continuations or pro3ections of existing streets, and the
aubdivider's plaxl conforms to such community or neighborhood plan of the com-
mission, the commission may approve the subdivider's plan.
(d) Where the preliminary plat submitted covers ohly a part
of the subdivider's tract, a sketch of the prospective future street system
of the un-submitted part shall be considered in the light of adjustments
and connections with the street system of the part not stt~itted.
(e) Where a tract is subdivided into larger parcels than for
building lots, the commission may require an arrangement of lots and streets
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such as to permit a ~atior re~abdivision in conformity wx~n the street require-
ments specified in this ordinance.
2e ACCe$a:
There shall be no reserve strips controlling access to streets, either
existing or proposed, except where the control of such strips is definitely
placed in the jurisdiction of the County of Hawaii. The subdividing of the
land shall be such as to provide each lot, by means of either a public street
or easement, of approved width, with satisfactory access to an existing public
street as shown on an official map.
3. Street widths:
The minimum width of thoroughfares and streets shall conform to
the following requirements:
Classification
Mayor thoroughfare
Ma3or street
Secondary attest
Minor street
Dead-end (cul de sac} street
Rif--way Pavement
100 feet 64 feet
80 feet 40 feet
60 feet 20 feet
40 feet 16 feet
40 feet 14 feet
As used in this ordinance:
A "ma3or thoroughfare" or "boulevard" shall mean a street 100 feet
or more in width which is intended to serve as a mayor traffic artery for
intercommmunication between districts in the County.
A "ma3or street" shall mean any highway 80 feet or more in width
which is primarily a traffic artery for intercommunication between various
zones within the city of Hilo.
A "secondary street" shall mean a street 60 feet or more in width
connecting various sections within a zone.
A "minor street" shall mean aqy street primarily for access to abut-
ting owners.
A "dead-end (cul d® sac) street shall mean a street d®signed to
have one (1) end permanent7,q closed, having a turning area at the closed end
with a diameter oP not less than 80 feet.
k. Acute angles:
As Par as practicable, acute angles between streets at their inter-
sections are to be avoided.
5e Rounding street corners:
To permit the construction of curbs having a minimum radius of twenty
(20) feet at street corners, without decreasing the sidewalk area to less than
normal width, the property line at such street corners shall be rounded or
otherwise set back sufficiently to permit such construction. A larger radius
may be required by the cormnission when, in its opinion, such design is advis-
able.
6. Grade and alignment of streets:
Grades of all atreeta shall be a reasonable minimum but shall in no
case be less than one-half of one (0.5) par cent, and shall not exceed seven
(7) per cent for main thoroughfares and ten (10) per cent Por minor atreeta.
No grade shall be lase than one-half of one (0.5) per cent at the gutter.
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Vertical aci.; .,oriz~.ital curves must be so designed as to give visibilitn
in accordance with the following table:
Classification
Major thoroughfare
Major street
Secondary street
Minor street
Dead-end (cvl.de sac) street
Vertical Curves
750 feet
750 Peet
50o feet
300 feet
300 feet
Horizontal Curves
1000 Peet
75o feet
500 Peet
300 feet
30o feet
Variations from these grades or curves may, however, be permitted by
the commission and the chief engineer where advisable to meet topographical con-
ditions.
7. Pavement of streets outside of the city of Hilo:
Streets and roads hereafter constructed outside the city of Hilo, form-
ing a part of the main highway system of roads and highways of the County of
Hawaii, shall have an approved six (b) inch base course and three (3) inch
penetration pav~nt or two (2) inch asphalt concrete pavement.
Hilo:
3. Pavement of access streets constructed outside of the city of
Streets and roads hereafter constructed outside the city of Hilo,
which will not form a part of the main highway system of the County of Hawaii,
may be constructed of crushed xock or cinders of six (b) inch base course and
with approved oil treated surface, with drainage provisions suitable to the
district. ~
B. Sidewalks
The commission shall have authority to recommend and the Board of Supervisors
may, when in its judgment a necessity exists for such improvement, require the
construction of sidewalks which shall be constructed in accordance with specifi-
cations of the Department of Public Works.
C. Location of utilities
In general, all utilities shall be located in the street right-of-xay, but
not under pavement or sidewalk.
If, in the opinion of the commission, the most suitable and reasonable loca-
tion for any of the utilities, such as sewers, storm drains, water and gas pipes,
and electric poles lines and conduits, which are likely to be required within a
subdivision, either for the service thereof, or for the service of areas in the
surrounding territory, do not lie wholly within the streets, the commission may
require provisions to be made for the location of such utilities on routes else-
where than within said streets.
D. Block widths
The widths of blocks shall not exceed two (2) tiers of lots.
E. Lot sizes
The rninimnm dimensions for residence lots shall be influenced by the predom-
inant lot sizes existing in the immediate neighborhood. No area shall be subdivided
for residential purposes into lots of less than five thousand (5,000) square
feet:
F. Monuments
Approved street monuments shall be placed and properly coordinated with the
Territorial survey triang~}i.ation stations at all angle points, points of curvature
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in streets and at such intermediate points as shall be required by the commission.
G. Water
Any subdivision hereafter to be laid out within the city of Hilo shall be
provided with six (6) inch water mains, with fire hydrants not more than three
hundred (300) feet apart and not more than six hundred (600) feet apart in the
rural districts outside of the city of Hilo, of materials standard for such work
as installed by the County of Hawaii'; except when the area does not fall within
the scope of any water system and when existing conditions are such that the
public may ba properly served with water and with fire protection without full
and strict couupliance of the foregoing requirements, such modification thereof
as is reasonably necessary or expedient and not contrary to law or the intent
and purpose of this ordinance map be shade by the chief engineer for subdivisions
in the rural districts outside the cityiof Hilo and for subdivisions within the
city of Hilo.
H. sewer
In arty subdivision hereafter to be laid out within the city of Hilo, there
shall be installed sewer lines where such subdivision comes within the scope of
the sewer system of the city of Hilo or which may within a reasonable time be
served by such system; provided, however, in subdivisions where the construc-
tion of sewers is not applicable or possible under the requirements of this
ordinance the subdivider shall obtain from the Board of Health a certificate
authorizing the construction of cesspools in lieu of sewer lines.
I. Building restrictions
The commission may disapprove a preliminary plat or a subdivision map where
buildings already located or proposed to be erected on real estate fail to con-
.% form to the provisions of Ordinance No. 157 known as the "Building Code."
J. Zoning restrictions
The commission may disapprove a preliminary plat or a subdivision map where
the aubdivid®r has failed to comply with the provisions of Ordinance No. ]1+9
known as the "Zoning Ordinance."
SECTION 10. Issuance of building hermits for and erection of buildings on
unaccepted street:
No building permit shall be issued for any building to be erected on any
lot within the area cohered by ar~p proposed subdivision unless the street giving
access to the lot shall have been accepted or opened as, or shall have otherwise
received the legal status of a public street, or unless such street corresponds
in its location and lines with a street shown on a subdivision map approved, or
with a street plan adopted by the coramission,or with a street located or ac-
cepted by the Board of Supervisors after submission to-and approved by the com-
mission, or in case of the commission's disapproval, located or accepted by the
affirmativ~ ~rof not leas than five (5) members of the Board of Supervisors;
prohided2/t~iia as a condition precedent to the issuing of aqq building permit
for, or to the erection of any building on an unaccepted street, such street
shall have been, or satisfactory bond, with the amount and surety approved by
the chief engineer, ,shall be given that such street will within a reasonable
time be, suitably improved to the satisfaction of the chief engineer in accord-
ance with specifications approved by him aubstantiall;r the same as those used
by they County of Hawaii or required of other persons for comparable streets.
No building shall be erected in violation of this section, and the County At-
torney may, in the name of the County, bring appropriate action to en3oin the
erection or maintenance of such building.
SECTION 11.
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The Department o~ .ubl:..~ 49orks shall not issue a ;,~rmit to cut a curb, tap
a water or sewer line or install any water, lighting or sewer facilities in the
area covered by a proposed subdivision until such subdivision has been approved
as required by the provisions of this ordinance.
SECTION 12. Inspection by chief engineer--Inspection fees:
A. The chief engineer is hereby charged with the duty of inspecting the
ooystruction of the work which later would become part of his duty to maintain
to insure proper construction in conformity with this ordinance.
B. Prior to the approval of a subdivision map, an applicant desiring ap-
proval of said map shall be required to pay a Pee of one-tenth of one (O.1)
per cent of the estimated cost of the construction work to be done in the sub-
division but not leas than twenty-five 025.00) dollars to cover the coats of
inspection; provided, however, that said Fee shall be returned to the applicant
if the subdivision map is not approved. Fees received from applicants shall be
deposited in the Treasury of the County of Hawaii and are hereby appropriated
for the purpose of defraying the costs of such inspection.
SECTIC~1::13.
The Board of Superv3.sora shall not take over, receive by dedication, or
otherwise, or do any repair or construction work upon streets or pavements,
water lines, street lighting systems, sewer repairs, or in any way accept as
public highways any streets, avenues or alleys, in arty subdivision hereafter
opened or platted in the County of Hawaii, except upon a compliance with the
provisions of this ordinance.
SECTION 14. Modification of requirement:
Whenever the land embraced by any subdivision is of such size or shape, or
is affected by such location of topographical conditions, or is to be devoted to
such usage that it is impossible or impracticable in the particular case for the
subdivider to conform fully to the provisions of this ordinance, such modifica-
tion thereof as is reasonably necessary or expedient and not contrary to law or
the intent and purpose of this ordinance may be made by the commission.
SECTION 15. Application_for approval by the Board of
The grounds of the disapproval of any subdivision plan shall be stated in
the minutes or other records of the commission. If the commission shall disap-
prove any such subdivision plan the applicant for such approval may present the
same to the Board of Supervisors for approval after the disapproval thereof by
the commi.asion by filing such subdivision plan in the office of the clerk of the
County of Hawaii, and the Board of Supervisors may approve such subdivision plan
but only by the affirmative vote of at least five (5) of its members.
SECTION 16. Penalty:
Anq person or corporation who violates any of the provisions of this ordi-
nance, upon conviction shall be punished by a fine of not more than X1,000.00,
or imprisoned for not more than one (1) year, or by both such fine and imprison-
ment.
s~cTloN 17. xe eel:
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Ordinance numbere~ .tit i., hereby repealed.
SECTION 18. Validity:
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Should any section, paragraph, sentence, clause or phrase of this ordinance
ba declared invalid or unconstitutional for any reason, the remainder of this
ordinance shall not be affected thereby.
SECTION 19. Effective date:
This ordinance sha11 take effect upon its approval.
Dated at Hilo, Hawaii, thisday of J~~~~ a aA O ~ , A. D. 1947.
Introduced by:
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