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HomeMy WebLinkAboutORD 1956-180COUNTY OF N4~~dAII - TERRITORY OP FIAWAII ORDINANCE N0. ~rYO AN ORDINANCE REGULATING TI?E CONSTRUCTION OF DRIVEG7AY APPROACHES IPd THE COUN'T'Y OF IiAWAII; PROVIDING PENALTIES FOR THL' VIOLATION THEREOF; AND kEPEALING ORDINAPJCF,S 129, 137, 156 AND 165 OF THE COUNTY OF f?,~1WAII . BE IT ORDAINED BY THE I30ARD OF S[TPEitVISORS OF THE COUNTY OP HA~!9AII: Section 1. Definitions. For the purpose of this ordinance, the fo_ owing 3e~initions shall aptly to these words: A. Drivewa A place in private or public property ~o~r the operation of automobiles and other vehicles. B. Drivewa~yap,p~ro_ach, An area, construction, or a~i'li~:y i~etween the roadway of a public street or highway and private or public property intended to provide access for vehicles from the roadway of a public street or liigltway to abutting property. For clarification, a drivetivay approach must provide access to something definite on r:r-ivate or public property, sucl2 as a parking area, a driveway, or a door at least 7 feet Vride, intended and used for the entrance of vehicles. C. Curb parkin s ace. A space approximately 22 ee~ xn eng~ an 7 feet 6 inches in width vrhere an automobile or other vehicle can nark. D. Abandoned drivewa a~~roach. A driveway approach s al e consi erea a~iancioired when its use has been discontinued and it does not provide access Co something definite on private or public property, such as a parking area, a driveway, or a door at least 7 feet wide, intended and used for the entrance of vehicles. Section 2. Permit Re xireci. It shall ire unlawFul Section 3. Application and Fees. Application for such permit shall be ma e -~ e c ief engineer and shall state, among other thincrs, the location, grade and dimensions of the proposed driveway approach and the purpose for which it is desired, If the proposed driveway apr~roach complies with the rrovisions of this ordinance, the chief engineer shall issue a rermittnerefor. for any ?erson, firm or corpora for, to construct a driveway approach across any government right of way, public sidooralk, or cart any curb for such put?pose without first having obtained a permit therefor frorr$re chief engineer of the Department of Public 'storks, or his authorized .representative. .:. Ord. Na ----^-' ----0 ............. 3'ilc Pa -----...._..___.. _.--....._ rs. u. ~ < ~f C Dato: til~u -. 1. ~5~-.- MIV ~' ,: !~ 1:1JV The fee for the permit, hereinabove mentioned shall be the sum of ~v s`9 which shall be payable by the applicant at the time of the receipt of the said permit. Section 4. Standards for Driveway Annroaches. A. Iaiaximum ~rlidth. The cumulative width of driveway approaches on any lot shall not exceed 40 per centum of the street frontage of the lot or 30 feet whichever is larger. In case of a lot having more than one street frontage, the width of the driveway approach allowed shall. apply separately to each street frontage. H. Location. inlhere more than one driveway approach on a s reet front serves a single lot, there shall be at least one curb parking space between driveway approaches. C. Location of drivewa a roach at intersections. s ree rn ersec ions, no riveway approac es shall be constructed along the curb curve line nor within 15 feet from the I_~oints df curvature and/or tangency of the curb lines of the inter- secting streets. D. Distance between drivewa a~ roach and propert line. Pao por lon o a rivecaay api roac s 1a :e cons ruc ed closer than 2 feet to the extension of any property line dividing 2 lots. E. Street structures. Pdo driveway approach shall in er ere wi municipal facilities, such as streek-lighting poles, traffic-signal standards, signs, catch-basins, hydrants, crosswalks, bus- loading zones, utility poles, fire-alarm supports, underground pipes or ducts, or other necessary street structures. If a proposed driveway approach interferes with an existing street structure, the abutting property owner shall bear the e,cpense of removing, reconstructing, or relocating said structure. However, if a proposed street structure interferes with an existing driveway apT~~roach, the County of Hawaii or the specific agency shall bear the expense of removing, reconstructing, or relocating said driveway a-~nroach and pay alb. damages accruing from such ci~~anges. F. Culverts. Pvo driveway approach shall interfere wi e proper run-off of surface waters into, or the passage of water through existing drainage ditches, watercourses defiles or depressions. ~Ihere in the construction of a drivewa}> approach, the proper run-off of surface waters and other waters require the construction of a culvert or culverts beneeth or adjacent to the driveway approach, such culvert or culverts shall be built in conformity to the plans and specifications recommended by the chief engineer. Section 5. Referral of Buildin Plans. All plans submitted to the bureau o ui ing ons~ction and Inspection for approval, which include or involve unusual driveway approaches or problems, or whicYl include or involve the ingress or egress to and from the government right of way, public highway, street or sidewalk, shall be referred by the said Bureau of Building Construction and Inspection to the chief engineer for his approval, Section 6. Reconstruction of abandoned drivewa approach. Any aban one riveway approac on any s reet wi-~~F-a curbing shall be reconstructed by the owner into a sidewalk within 6 months of the effective date of this ordinance. Any driveway approach abandoned after the adoption of this ordinance shall be reconstructed by the owner within 6 months after its abandonment. Section 7. Construction S ecifications. All sidewalks and driveway approac es cons ruc_e~T under ~Tis ordinance shall be in accordance with standard drawings on file in the office of the chief engineer, department of public works. Section 8. Variance. Unusual conditions. The Board of Supervisors o he County of Hawaii may, by resolution, grant variances from the strict application of the provisions of this ordinance, provided it first determines, after consultation with the Flawaii County Flanning and Traffic Commission, that the following conditions are present; 1. The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city, considering the nature of the business of the applicant. 2, That the exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare. 3. That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. 4. That the strict apf>lication of the terms of this ordinance will work unnecessary hardship and practical difficulty on the property owner or tenant. Section 9, Indemnification of Co~unt~ The holder of a permit as require y ec ion s all indes~nify and save harmless the County of Hawaii, its officers and agents from all clairms, demands, suits, actions or proceedings of every name, character and descrirtion whicl nay be brought against the County for or on account of any injuries or damages to any person or xroperty received or sustained by any person by or in consequence of any act or acts of the holder of said permit on work done under the permit, The holder of a permit while constructing a driveway approach or reconstructing an abandoned driveway approach into a sidewalk shall use every precaution as to barricades, lights and watchmen for the safety of the public; and upon completion of said construction or reconstruction, the permit holder shall restore the crovernment right of way, public highway, street, sidewalk or curU in as good a condition as it was when the permit was issued, and that no debris, lumber, materials or equipment of any kind sha.11 be left on such driveway approach, highway, government right of way, publi_r_ street, sidewalk or curb so as to constitute or contribute to the creation of a pedestrian or motor vehicular l;azard, and the said holder shall be liable for accidents, should any occur. Section lU. Penalties. Any person violating any of the provisions of ~Tis or finance, or causing, permitting, or suffering the same to be done, or any person who shall have obtained a Hermit pursuant to tY:is ordinance fails to construct the driveway approach or cut the curb according to the standards, and plans and specifications recommended by the chief engineer as set forth in erection 4 of this ordinance, shall be guilty of misdemeanor and upon conviction shall be fined not more than one hundred dollars for the violation of Section 2 of this ordinance, andjor not more than twenty-fi.ve dollars for every twenty-four hours that any otr~er violation or default shall continue, and the said chief engineer may, after 30-day notice to the said violator or defaulter, reconstruct the said driveway approach or cut in the curb, or any other variation from the standards alld at atheaexpenselofcsuchnpersonroanci suclhlersoalshall~be liable Tor such cost in addition to the penalty of delay. The issuance or granting of a permit shall not be deemed or construed to be a permit for., or an approval of, any violation of this ordinance. of thiscordinance jaarditP•held illegaltionconstitutional~f or void, this shall not be construed to render void any other provision or requirement of this ordinance. Election 12. ~~eal. Ordinances 129 137, 156 and 165 of the County of Hawaii are hereby repealed. Section 13. Effective Date. This ordinance shall take effect upon i~ia;;prova provided that this ordinance shall not affect the liability of any person to prosecution and ;~unisitment for any criminal offense conunitted prior to said effective date and all such offenses may be prosecuted and punished the same as if this ordinance had not been enacted. ilated at Hilo, IIawaii, this ~~ day of --~~ 19 5 0 . Introduced icy; -~ - ~~ upervisor, _ ,epresen a five District. EXPLANATION OF THE FROFOSED DRIVEWAY AFFROACH ORDINANCE Purpose of Ordinance: 1. To divorce completely the driveway approach ordinance (Ord. 129, as amended) from Ordinance 47 which requires permit to be obtained before public highways, etc. could be dug up. By so doing, it permits more efficient administration of two different types of construction dCtlVlt}r. `L. To extend the coverage of the ordinance to government right of ways. Present ordinance calls for permits only when driveway approach is to be built across a sidewalk or when a curb is cut for that purZ;ose. 3. To incorporate a new section on culverts to allow coup±y control of the construction of culverts on or near government right of ways, streets, etc. 4. To consolidate the original ordinance (Ord. 129) and amendments ,lade thereto into one ordinance. C1~rTNGES REFLECTED IN THE 11EL~7 ORDINANCE (I3y Sections) Section 1. no change b. no change (old section "c" on "corners" deleted because definition of "corners" not necessary.) c. no change d, no change Section 2. Added the words "government right of way" for broader arplication of the ordinance. Section 3. The second paragraph on "fees" comes from Ordinance 47. I~;inimum fee in Ordinance 47 is x'7.50, subject however to exceptions. Section. 4. a. no b. no c. no d. no e. no f. ne Section S. change change change change change (see purpose 3.) Following clause is new: " ... or which include or involve the ingress or egress to and from the government right of way, public highway, street or sidewalk,...". Reason: the chief engineer should not only be concerned with unusual driveway approaches, but he should check the plan to see that proper driveway approaches are incorporated therein where ingress and egress to and from a public highway, etc., are involved. Section. b. no change Section 7. no change a"ection 8, no change Section 9. New. From Ordinance 47. Section 10. First underlined portion new. Second underlined portion, in substance, from Ordinance 47. "Section 10. Penalties. Any person. violating any of the provisions of this ordinance, or causing, permitting, or suffering the same co be done, or an erson who shall have obtained a ,ermit ursuant to us or finance fay. s to cons ruc e rivewa a ;roac or cu e cur accor lna o e s ancar s an ;laps an s ecr ications recommended by the chief encxineer as set fort_ in Section 4 of this ordinance, shall be guilty of misdemeanor and upon conviction shall ~e fined not more than one hundred dollars for the violation of Section 2 of this ordinance, and/or not more than twenty-five dollars for every twenty-four hours that any other violation or default shall continue, and the said s 0 or any other variation trom the stanaaras, ons set rortn in tnrs orainance, . person. and such person shall n aaaition to zne `1'he issuance or granting of a permit shall. not be deemed or construed to be a r.~ermit f-or, or an approval of, any violation of this ordinance." Section 1].. no change Section 12. new Section 13. New. Savings clause added to permit prosecution of an}* offense corunitted prior to the effective date of this act.