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HomeMy WebLinkAboutORD 1960-024.~.___. ~. 6 _.. -,~.~ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 24 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. BE IT ORDAINED BY 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: 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 any street that leaves the main highway and provides access by persons to property off the main highway. I. The words "single family dwelling" mean any detached building designed for or occupied primarily by one family. Fils No. -...--'------'---------------., M. B. 25~. °------------------------ The following words and terms when used in this ordinance shall, for the purpose thereof, have the meanings respectively ascribed to them in this section, 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 City 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" means the chief engineer of the Department of Public Works of the Countycf Hawaii. E. The word "subdivider" any interest in land, desiring County of Hawaii. means the owner or possessor of to subdivide land within the F. The word "lot" means a portion of a subdivision or `l other parcel of land intended for sale, lease or rent. date: J. The words "duplex dwelling" mean any detached building designed for or occupied by two families. K. The words "apartment house" mean any house or building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the residence of three or more families living independently of each other and doing their cooking in the building. L. The words "lodging house" mean a building with not more than ten (10) quests where lodging is provided for compensation. M. The word "hotel" means any building or portion thereof designed or used for the supplying of shelter and/or food to residents or guests and containing more than six (6) sleeping rooms for guests. N. The word "manager" means the manager of the Board of Water Supply of the County of Hawaii. SECTION 3. Subdivisions to conform to provisions of 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. SECTION 4. Recognition and recordation of substandard subdivisions• No person shall sell, lease or rent any real property which is not in conformity with the area and lot width require- ments of the Zoning and Subdivision Ordinances, and not recorded with the Commission, or the Bureau of Conveyances of the Territory of Hawaii prior to May 24, 1.948. Said restriction as to sale, lease, and rental of real property shall, however, not apply to real property excepted by the Commission as hereinafter provided. Any owner of any real property which is not in conformity with the area and lot width requirements of the Zoning and Subdivision Ordinances, and not recorded or approved by any government agency prior to May 24, 1948, shall be given a period of one (1) year from November 21, 1951, to present such evidence of recordation or approval to the Commission. If the Commission finds that the recordation or approval is proper and bona fide then the said real property shall be recorded with the Commission and shall thereafter come within the above exception. SECTION 5. Proced vision a.t Bureau o Before 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 following procedure shall be followed in securing the approval of a subdivision: _2_ ova. xa. -----~~----------.. File Z: o. -------- - M. D. 1J o.._..-------------°------... Dote :....................•-•----------.- A. Ali drawings and profiles shall conform to standard engineering practices. B. The subdivider shall submit one (1) copy each of the preliminary subdivision plat to the chief engineer, the manager, and the sanitary engineer, and at least three (3) copies to the commission, or as many additional copies as may be required by the commission, which shall not be less than eight and one-half by thirteen (8~ x 13) inches nor more than thirty-six by forty- two (36 x 42) inches in size. Such preliminary plat shall show the general layout of the proposed subdivision and the informa- tion 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 meeting. D. The preliminary plat shall then be examined by the commission, the chief engineer, and the manager or their authorized representatives; thereupon the chief engineer and the manager or their authorized representatives shall advise the commission if said subdivision conforms to the engineering standards required by this ordinance. If the plat conforms to all the provisions of this ordinance, it shall be stamped by said commission: "Subdivider authorized to prepare detailed drawing on plat as submitted. "Recordation not authorized until approved for record at a later date." E. If no action is taken by the commission within forty- five (45) 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 preliminary plat contains all of the information necessary for the subdivision, as hereinafter set forth, it shall be deemed to be the subdivision map as required in Section 7-A. G. When detail drawings, being the construction drawings, are completed as zequired, one (1) copy each shall be submitted to the commission, the chief engineer, and the manager for examination and approval. When such detail drawings bear the approval of the commission, the chief engineer, and t2e manager, the subdivider may proceed with the construction 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 correction of any defective or improper work called for on the original plan, the subdivider may apply for approval of the subdivision map for recordation. At the same time he shall file .~ -3- o.,t. rro..- -- ix ~- - -- - File t:a ..-'--°- - - _ - - - M. $. No. ----°----- - - -- Data:..-°.------•---.------•----- .-.. 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. When 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. The subdivider shall then file one (1) copy each of all plans prepared and accepted with the chief engineer, the manager, and the sanitary engineer, and at least three (3) copies with the commission. Whereupon the commission shall stamp the copies of the subdivision map: "S U B D I V I S I O N N U M B E R APPROVE D F O R R E C O R D A T I O N" and such approval shall bear the director of the commission. The one (1) copy and forward one (1) and the subdivider. signatures of the chairman and commission shall then retain copy each to the Hilo Tax Office J. No change in a subdivision, or in the plan of a subdivision already approved, can legally be made without the approval of the commission. K. Land shall not be offered for sale, lease orient until after recordation of the approved subdivision map; provided, however, bona tide options or agreements for the purchase, sale, leasing or rental of land, which options or agreements are specifically made subject to the approval of the subdivision by the commission, may be made prior to the recordation of the subdivision map; provided, further, that upon the filing of a bond as required by Paragraph H of this 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 perform all the duties of the owner of the fee simple title. L. During the making of the improvements, and installation of the facilities and utilities and the carrying on of other work proposed to be done by the subdivider, the work shall at all times be subject to inspection by the chief engineer or his authorized representative. M. In case of a subdivision which involves 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 accompanying 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; _,~_ ord. N~• . Filn Ii o. -...-._______.-__._.__._ M. B. Igo...........-~- -' -'- -... Date: _._._......--~------ - - ---• .,. _ ,,,~, _ . __,r,~._.,~,,.~._.~.- B. Date, north point and scale, tax key; C. The title recorded, with the author of the plan the opinion of the technical skill of may require that s engineer; under which the proposed subdivision is to be name and address of the technical adviser or and a notation stating the acreage. Where in commission the construction plan requires the a qualified, registered engineer, the commission uch plan be prepared by a qualified, registered D. The names of subdivisions immediately adjoining; also the location and names of adjacent streets and other public places or spaces on immediately adjoining properties; E. The approximate location in the adjoining streets or property of existing sewers and water mains, culverts and drain- pipes, electric conduits or lines proposed to be used on the property to be subdivided and invert elevations of sewers at points of proposed connections; F. The location of then existing property lines, streets, buildings, water courses, railroads, utilities, and other similar features; G. The names, locations, widths and other dimensions of proposed streets, easements, parks and other open spaces, reserva- tions, lot lines, building lines and utilities; H. All parcels of land proposed to be dedicated to public use, and the conditions of such dedication, if any; I. When required by the commission, the preliminary plat shall be accompanied by profiles showing existing ground surface, natural water courses and drainage channels, and proposed grades of streets, including extensions for a reasonable distance beyond the limits of the proposed grading, roadway and sidewalk, and the preliminary plan of proposed water mains, sanitary and storm sewers, with grades and sizes indicated. This plan shall be approved by the chief engineer and the manager, or their authorized representatives, before construction begins. All elevations shall be based on official government bench marks. The commission may require that true elevations be submitted. J. The preliminary plat shall be accompanied by a plan indicating the use of the lots proposed by the subdivider, whether for one family dwellings, multi-family dwellings, hotel and apartment use, business, industrial, light industrial, noxious industry purposes, or agricultural purposes; and copies shall be submitted of the proposed documents or instruments whereby 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 any or all of these improvements, pavement, curb, side- walk, catch basins, storm drains, water mains, sewer lines, street lighting and gutters, if such improvements are required by the commission. File Ir o. _-.-..--'-----'~----------.' ZJI. B. No-----------------'-------- M'OM'..""...rte r A. .......~ a...... .~ - A.... .... . -._ ....~.va+-.A,.i .~ -7 ~a~1~... SECTION 7. Filing and form of subdivision map: A. Prints of the subdivision map referred to in Section 5 shall be submitted to the commission in quadruplicate within one (1) year after the approval of the preliminary plat. Other- wise the approval of the preliminary plat shall become null and void, 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 engineering practices. When more than one (1) sheet is required, an index sheet of the same size shall be filed showing the entire subdivision on one (1) sheet, with lot numbers or block and lot numbers. SECTION 8. Data required on subdivision map: The subdivision map shall comply with and shall contain the data specified in the following paragraphs: A. Name and address of the owner of record, subdivider and surveyoz or engineer; B. Date, title, north point and scale, and tax key. The title shall include the name of the subdivision under which it is to be recorded; C. The locations of all proposed streets, easements, parks and other open spaces, reservations, lot lines, building lines, water lines, sewer lines, electric conduits, street lighting, catch basins, storm drains and gutters; also names and lines of all adjoining 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 street, all dimensions and true azimuths along the lines of each lot, and also any other data necessary for the location of all building lines proposed to be improved by the subdivider; E. All subdivisions shall be shown to have been accurately surveyed, coordinated to. the State survey triangulation stations, tied to State street monuments or other authentic street monuments, and permanently monumented on the ground with approved survey monuments; F. The names of all subdivisions immediately adjoining; or, when adjoining property is not a recorded subdivision, the names of the owners thereof; G. The 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 certified to be correct; H. If the real estate to be subdivided is not within an azea which has been zoned, a plan showing the proposed use, yard, File No..-.-....--'---------~----_'.---• Date: ~.. _ _ ......-.....-,m _.. area, and other restrictions on each l.ot within the subdivision shall accompany the subdivision map, and a statement of the provisions and instruments whereby such buildings, building lines, minimum yards, and use restrictions will be imposed. SECTION y. Requirements and standards of subdivisions: The requirements and standards of any proposed subdivision shall be as follows: A. Streets 1. Relation of streets to adjoining street system (a) Subject to the regulations hereinafter specified regarding definite minimum widths, the arrangement of streets in subdivisions shall provide for the continuation of the principal streets existing in the adjoining subdivision, or of their proper projection when adjoining property is not subdivided, and shall be of a width at least as great as that of such adjoining, or proposed projected 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, existing streets impracticable, 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 from that of said continuations or projections of existing streets, and the subdivider's plan conforms to such community or neighbor- hood plan of the commission, the commission may approve the subdivider's plan. (d) Where the preliminary plat submitted covers only a part of the subdivider's tract, a sketch of the prospective future street system of the unsubmitted part shall be considered in the light of adjustments and connections with the street system of the part not submitted. (e) Where a tract is subdivided into larger parcels than for building lots, the commission may require an arrangement of lots and streets such as to permit a later resub- division in conformity with the street requirements specified in this ordinance. (f) Dead-end (cul de sac) street. i. A dead-end (cul de sac) street may be designed in case of geographical obstructions such as large streams, ravines, precipice, or lands set aside for public purposes which cannot be expected to be subdivided. A dead-end (cul de sac) street shall not be considered as such when the end of such street is terminated at the property line adjacent to another property owner who can be expected at any time in the future to subdivide the adjacent property. In such case, this street shall be classed as a minor street except when a proposed future subdivision will provide a connection between two major streets, then said street shall be classed as a secondary street. _~_ Ord. No....--..:75 ...............--° File 2r'o.._.-----~---~-----'------.... Date: ----...-.--.. ..,._. _. -...,..F.._ .....~ _.. . ii. This section shall not prohibit the use of dead-end (cul de sac) streets where the commission, upon the recommendation of the chief engineer, adopts or approves a plan for a community or neighborhood area. iii. A dead-end (cul de sac) street shall be provided at the closed end with a turn-around having a diameter of at least eighty (80) feet, except that a T-turn around shall be permissible, if in the opinion of the commission this type of turn-around meets the requirements of the situation. iv. Except in unusual instances or due to topograph of the land being subdivided, no dead-end (cul de sac) street shall exceed eight hundred (800) feet in length. 2. Access 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, b~ 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 within the city of Hilo shall conform to the following requirements: Classification Right-of-way Pavement Major Thoroughfare 100 feet 64 feet Major Street 80 feet 40 feet Secondary Street 60 feet 20 feet Minor Street 40 feet 16 feet Dead-end (cul de sac) Street 4U feet 14 feet The commission may, with the approval of the chief engineer, modify the minimum width of streets outside the city of Hilo to conform to the following requirements: Classification Secondary Street Minoz Street Dead-end (cul de sac) street Right-of-way Pavement 40 feet 16 feet 30 feet 16 feet 30 feet 14 feet As used in this ordinance: A "major thoroughfare" or "boulevard"shall mean a street 100 feet or more in width which is intended to serve as a major traffic artery for inter-communication between districts in the county. A "major street" shall mean any highway eighty (80) feet or more in width which is primarily a traffic artery for inter- communication between various zones within the city of Hilo. o.a. No. ----•~~-- ------------- M. B. Nom. _.-.. -- - -- - - Date:.---"------ - - - ---- A "secondary street" shall mean a street sixty (60) feet or more in width connecting various sections within a zone. A "minor street" shall mean any street primarily for access to abutting owners. A "dead-end (cul de sac) street" shall mean a street designed to have one (1) end permanently closed, having a turning area at the closed end with a diameter of not. less than eighty (80) feet. 4. Acute Angles: As far as practicable, acute angles between streets at their intersections are to be avoided. 5. 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 commission when, in its opinion, such design is advisable. 6. Grade and alignment of streets: Grades of all streets shall be a reasonable minimum but shall in no case be less than one-half of one (0.5) per cent, and shall not exceed seven (7) per cent for main thoroughfares and ten (10) per cent for minor streets. No grade shall be less than one-half of one (0.5) per cent at the gutter. Vertical and horizontal curves must be so designed as to give visibility in accordance with the following table: Vertical Horizontal Classification Curves Curves Major thoroughfare 750 feet 1000 feet Major street 750 feet 750 feet Secondary street 500 feet 500 feet Minor street 300 feet 300 feet Dead-end (cul de sac) street 300 feet 300 feet Variations from these grades or curves may, however, be permitted by the commission and the chief engineer where advisable to meet topographical conditions. Hawaii: 7. Pavement of streets and roads within the County of All streets and roads hereafter constructed within the County of Hawaii shall have an approved six (6) inch base course and three (3) inch asphalt macadam pavement or two (2) inch asphalt concrete pavement which shall conform to the standards as set forth by the Department of Public Works. -9- Ord. No......._ File t:a ------~--------.-..-----------• L1. II. I: v. -....------...---..-..__.. L cl~' -------~-----_.._._. _. ,~..,.- ._,.,,.,.,,,.~,.,.....,,. .- .-.e...- . 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 specifications of the Department of Public Works. C. Location and regulation of utilities In general, all utilities shall be located in the street right-of-way, but not under the sidewalk. If, in the opinion of the commission, the most suitable and reasonable location for any of the utilities, such as sewers, storm drains, water and gas pipes, and electric pole 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 elsewhere than within said streets. All plans prepared for subdivisions sha:L1 be referred to the Board of Health for their approval as required by Section 46-16, Revised Laws of Hawaii 1955. D. Block length and width 1. Block length No block shall be longer than thirteen hundred (1,300) feet, or less than four hundred (400) feet. Blocks over one thousand (1,000) feet in length shall have an easement near the center of the block. unless the commission deems it advisable to waive this provision because of the existence of some unusual condition. The right-of-way for such an easement, to be used for crosswalk anti utility purposes, shall not be less than ten (10) feet in width. 2. Block width The width of blocks shall not exceed two (2) tiers of lots unless the commission deems it advisable to waive this provision because of the existence of some unusual condition. E. Lot sizes and minimum lot widths 1. Lot sizes: No lot shall be subdivided for purposes of constructing a single family dwelling, duplex dwelling, apartment house, lodging house or hotel on any lot within a business, light industry, or industrial district having an area of less than 5,000 square feet of lot area for each of the above-mentioned structures. -lU- ;> File 2:a -------__._..___---------' tvY. b. Pi o. .__.--------------------._ Dct The minimum lot size of subdivisions in any area outside the city of Hilo for residential and agricultural uses shall be seven thousand five hundred (7,500) square feet. There may be one or more single family dwelling, duplex dwelling, apartment fifteenlthousando(15,000)osquare feetlor moreng Thereeshall not be less than seven thousand five hundred (7,500) square feet of lot area for each of the above-mentioned structures. 2. Minimum lot width: The minimum lot width for all lots in any future subdivision shall be as follows: 50 feet for lot sizes from 5,000 to 7,499 square feet, except for business, light industrial, and general industrial uses; 60 feet for lot sizes from 7,500 to 9,999 square feet; 70 feet for lot sizes 10,000 square feet and over. F. Monuments Approved street monuments shall be placed and properly coordinated with the State survey triangulation stations at all angle points, points of curvature in streets and at such inter- mediate points as shall be required by the commission. G. Water Any subdivision hereafter to be laid out within the County of Hawaii shall be provided with water as follows: 1. Wherever the public water system and supply are adequate both in size, volume, and pressure, and the proposed subdivision is within one thousand (1,000) feet: from a public water main, the subdivider shall provide means for supplying water for both fire protection and domestic purposes within the subdivision. 2. Wherever the public water system and supply are adequate in size, volume, and pressure for only domestic purpose, and the proposed subdivision is within one thousand five hundred (1,500) feet from the public main, the subdivider shall provide means for supplying water for domestic purpose within the subdivision. and within3thewsubdivisionain accordancenwithhthe rulessandled to regulations of the Board of Water Supply, enacted in conformity with Part VIII, Chapter 146, Revised Laws of Hawaii 1955. 4. The standard minimum size of mains and spacing of fire hydrants where fire protection is required shall be as follows: eight-inch (6")aor largerfwatersmainseforbanyls~bdivisionnintended for business, industrial, hotel or apartment uses, and six-inch (6") or larger mains for any residential use. -11- Oid. Igo. .---- <~ Fih 20..--~--------------------..._ 7~1. I:. b; o. ...-.------ C m e:...------- ~------- (b) Hydrant spacing. Fire hydrants shall be spaced not more than three hundred (300) feet apart for any subdivision intended for business, industrial, hotel or apartment uses, and not more than six hundred (600) feet apart for any residential use. The spacing of hydrants shall be measured along the centerline of the street, and in case of dead-end streets or at either end of the subdivision street the distance from the last hydrant to the end of the street shall not be greater than one hundred fifty (150) feet for any business, industrial, hotel or apartment uses nar greater than three hundred (300) feet for any residential use. (c) These provisions do not apply to any agricul- tural subdivisions, except in an area zoned as a residential, hotel and apartment, business and industrial district. 5. Where the proposed subdivision does not lie within the scope of an adequate water supply, the p.Lot plan of the said subdivision shall so state. 6. When conditions pertaining to any subdivision are such that the public may be properly served with water and/or with fire protection without full and strict compliance with these provisions, or where the subdivision site or layout is such that the public interest will be adequately protected, or when the Board of Water Supply advises that there are immediate plans for the development and/or improvement of the public water system and supply in the vicinity of the proposed subdivision, such modification thereof as is reasonably necessary or expedient and not contrary to law or the intent and purpose of these provisions may be made by the commission. H. Sewer In any subdivision hereafter to be laid out within the city of Hilo, there shall be installed sewer lines where such subdivi- sion 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 construction 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 dis<pprove a preliminary plat or a subdivision map where buildings already located or proposed to be erected on real estate fail to conform to the provisions of Ordinance No. 39 known as the "Building Code," J. Zoning restrictions The commission may disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of Ordinance No. 23 known as the "Zoning Ordinance. -12- SECTION 10. Issu of buildings on unacce No building permit shall be issued for a.ny building to be erected on any lot within the area covered by any 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 commission, or with a street located or accepted by the Board of Supervisors after submission to and approved by the commission, or in case of the commission's disapproval, located or accepted by the affirm- ative vote of not less than five (5) members of the Board of Super- visors; provided, however, that as a condition precedent to the issuing of any 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 accordance with specifications approved by him substantially the same as those used by the County of Hawaii or required of other persons for comparable streets. No building shall be erected in violation of this section, and the County Attorney may, in the name of the County, bring appropriate action to enjoin the erection or maintenance of such building. SECTION 11. ties in uns The Departure cut a curb, tap a lighting or sewer subdivision until by the provisions SECTION 1L. fees• Zt of Public Works shall not issue a permit to water or sewer line or install any water, facilities in the area covered by a proposed such subdivision has been approved as required of this ordinance. Inspection by chief engineer and inspection A. The chief engineer is hereby charged. with the duty of. inspecting the construction 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 approval of said map shall be requized to pay a fee of one-tenth of one (U.1) per cent of the estimated cost of the construction work to be done in the subdivision but not less than twenty-five dollars ($25.00) to cover the costs of inspection; provided, however, that said fee shall be returned to the applicant if the subdivision map is not approved. Fees received from applicants shall be deposited in the Treasury of the County of Hawaii and are hereby appropriated for the purpose of defraying the costs of such inspection. SECTION 13. -13 O,d. No. .---- ~~ T ----------- Fila t1 o. _----------~--__-~---~---'- Daie: -..__._ ,~. ._.~ - The Board of Supervisors shall not take over, receive by dedication, or otherwise, or do any repair or. construction work upon streets or pavements, water lines, street lighting systems, sewer repairs, or in any way accept as public highways any streets, avenues or alleys, in any subdivision hereafter opened or platted in the County of Hawaii, except upon a compliance with the provisions of this ordinance. SECTION 1:i.U1. Filing Fees: Each application for a subdivision is subject to the payment of a tiling fee of ten dollars ($lU.UU) and an additional charge of one dollar ($1.UU) for each lot noted on the initial preliminary map and for each additional lot resulting from any subsequent amendment of the initial tentative map, exclusive of any lots set aside for roadway or easement purposes. 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 rs 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- tions 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. Modification under this section may be allowed by the commission in all proposed subdivisions outsi-de the city of Hilo when such modification does not conflict with plans by the County of Hawaii for the development, either existing or proposed, of any city, village, or settlement within the <:ounty. SECTION lb. 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 disapprove 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 commission by filing such subdivision plan 171 the office of the clerk of the County of Hawaii, and the Board of Supervisors may approve such subdivision plan but only by they affirmative vote of at least five (5) of its members. SECTION 16. Penalty: Any person, firm or corporation, violating or failing to comply with the provisions of this ordinance, shall be punished by a fine not exceeding five hundred dollars ($500.00). The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance. SECTION 17. Validity: Should any section, paragraph, sentence, clause or phrase of this ordinance be declared invalid or unconstitutional foz any reason, the remainder of this ordinance shall not be affected thereby. o,a. uo. - -- -" - -- ~---- --~- '14' FJe lio. ------. ..__..--- ---'----- A:. ll. ld o. ---- -- -- ---_....---- Dale:.._... _..._--- _.__-__.. _.