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Home My WebLink AboutORD 1960-036COTTNTS' ~1F HA~~+.r4II - - - STATE OF HAWAII ' AN ORDITIAATCE REriiT A'T'INr THE CnN TRi?CTIC!N OF DRIV1'~VAY .4PPRC)R~NE':; Ir? TTIF COiJP1TY OF tr4'°7417; PRl)VInINC' PEN4LTIF.S FOR THF. VT?)LKTTI)N THEREOF. T?E IT ~)RDAINE?? RY TTfT: !ART) ~)F St?PF`~VI`~Y.%RS ;.iF THr C'c'i?NmY OF ?T4i'JA T I Cection 1. Definitions. For the purpose of this ------ ordinance, the following definiti-ons shall apply to these words: 4. Drivew~. 4 place in private or public property for the operation of automobiles and other vehicles. Z3. Driveway approach. An area, construction, or oili~v between 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 highway to abutting property. For clarification, a driveway aoproa,ch must provide access to something definite on private or pub7..ic property, such as a parking area, a driveway, or a door ~t least 7 feet o;ide, intended and used for the entrance of vehicles. C. Curb parking sx%ace. :1 space approximately 22 feet in length and 7 feet 6 inches in width where <'.n automobile or other vehicle can park. D. Rhandoned_ driveway a~roach. 4 driveway approach oall~e~consodeoeci abandoned when its use has been discontinued and it does not provide access to something definite on private or public property, such as a parking area, a driveway, or a door at least 7 feet oJide, intended and used for the entrance of vehicles. :iection 2. Permit Required, It shall be any person, firm or corporation to construct a across any Bove-rnment right of way, public sid any curb for such purpose without first having permit therefor from the chief engineer of the Public Works, or him, antlorized representative unlavrful for driveway approach =walk, or cut obtained a Department of Section 3. ?ipnli.cation and Fees. Application for such permit shall be made to the chief encxineer 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 approach complies with the provisions of this ordinance, the chief engineer shill issue a permit therefor. The fee for the Hermit, hereinabove mentioned shall be the sum of X7.50 which shall be payable by the aprl_;cant at the time of the receipt of the said permit. ~/ A `. r _. ~'~ ~~ ~ t J File tie. -----------'-----'--........ Wts: _..._._.--------- - Section 4. Standards for Drivewa~ApProaches. A. P]axi.mum IiJidth. The cumulative width of driveway anproa~es on any lot shal-] 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 th-n one street :Frontage, the width of the driveway approach allowed shall apply serarately to F~ach street Frontarre. F]. Loc3t_ion. trlhere more than one driveway approach on a ~rnet f rant ;>erves a single lot, there shall he at least one curb parking space between driveway annro-aches. C. Location of drivew~_ar~rroach at intersections. ~t street intersections, no driveway approac es shall be constructed. along the curb curve line nor within ].5 feet from the points of c~-zrvature and/or t=_ngencv of the curb lines of the inte:r- sectinq strut: . D. Dis_tanca between drivewav_anproach and nr~eri~li._ne. No nort~i.on~of ?? drivewayapproaeh shall be construed closer then 2. feet to the extension of any property line iivi-diner 2 lots. E. Street structu_r_es. No driveway approach shall interfere with municipal facilities, such ~s street-li.ghtincr Holes, traffic-signal standards, sirens, catch-ha sins, hydrants, crosswalks, bus- l.oadina zones, utility poles, fire-a ].arm supports, underr*round piF~es or ducts, or other necessarr~ street structures. If a pro nosed drivewav approach interferes with an existing street structure, -the ahutti_na property owner shall hear the expense of removing, reconstructing, or relocating sei-d structure. i-Iowever, if a proposed street stnrcture interferes with an existing driveway apr~mach„ th,e County of }?awaii or th.r~ specific agency shall k,ear the rxnon^e n~ removing, .reccnstructinq, or relnr?ti. nrr s~i<I rl r~ve~a~~- nrroach and pay 11.. damages ace naing frorn such chance=. F. Culverts. No ~~riveway approach shall interfere faith t~~ rroner run-off of s~.rrfacP waters into, nr the passage of- water through existing drainage ditch-~s, o~at~rc~nnrse~s, def27os or depressions, o~Ihere in the cnnstructi-on of a drivewav approach, the proper run-of-f of surface waters and ether w=!ters rernrire the c~~nstruction of a culvert or culverts Y~c--Heath or --~~iscent to the ~irive~~r='v annr~,ac`!, such. calve,-t or culvorts shs~l be hail'- in cnn?~rm~:ity to tho *~lane and srPCificat?nns -E~r~~~mmend~„a, h~T th„ chief engineer. _2- ~ b Filo too. ----...-°----------------_.--- Ivt. D. No..---------.°-°.---------.. Doti: Section 5. Referral of Building Flans. All. plans submitted to the Bureau of Building Const nzction and Inspection for approval, wt:ich include or involve umisual driveway approaches or problems, or which include or involve the ingress or ecrress to and from the government right of ~aay, public- higho~ay, street or sidewalk, shall be referred by the sai~~ Rurean of Building Construction and Inspection to tre chiee engineer fur his approval. 5eetion F. Reconstruction of abandoned driveway approach. An`~ ahandon.ed driveway approach on. any spree'. ~aitti a ~mrhinq shah he reconstructed by the owner into a sidewalk within 6 months of the effective date of this ordinance. An~:~ crveway approach abandoned after the adoption of this orlin~nr,o shall. he reconstrncte~~ by the_ o~mc~r ~saithin F mnnt}~.~ after its abandonment. Sect~nn ?. Construction Cr.PCiftcatio_ns. All sidcwalkn ~n-' drive~asv anproac-Fe cons+rnc~ed-iinc~er tits ordinanc~~> shall be in accordance wit}=. standard drawings nn file .n the office of the chief enai.neex, department of rn.tblic ~1*ork~. Section R. Variance. iJmisua] conditions. The Board of 5lzpervisnrs o~fhe County of Hawsit may, by resolution, grant variances from the strict application of the provis,'nns of this ordinance, prow{ded it first. deterrri nes, after c ~nsn7 tat{ on with the Hataai i County Planning and Traffic Commission, that the following conditions are nrF-sent: The excerption or variance desired arise from peculiar r~~bvsi~a7 conditions not ordinaril}' axis{-inrt in si_m,ilar ~3i.stricts in the cite, cnnsiderin,. the nature of the business c%f the an•,1 ^ant . That the except{on or variance desired { not agains+ the pnk,lic interest, particularly s~~rc~t~r, c<~nveni~nne, and reneral caelfare. `~. That the n,-antinn cf the permit for th~~ exr.ep+ion or variance will not adversely affect the r.i<rhts of adjacent. r~r~~~nertg owners ~r tenants. That the :trio annl,i_cation of the terms of ~. this ordinance ~~~ill umrk unnecessary hardship --nd rracti r_.=.1 c!iffirulty on the property of-mfr n1 ten?nt. Section 9. Indemnifi-cation of County. The holder of a permit as rP~ui.re'Tv action I s~1.%ndemnify and save harmless the County of Hawaii, its officers and agents from all. claims, demands, suits, actions or proceedings of Query name, character and description which may he brought against the County for or nn account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts cf the holder of said permit on work done undE~~r the permit. _~_ //. Fila t7 o..------'-------' ............. pate' ...-.-...---..... The holder of .? permit while constructing a driveway approach or reconstructing an abandoned driveway approach into a sidewalk shall use every precaution as to barricades, l;~xhts and watchmen fo.r the safety of the Public; and anon completion of sai-d construction or reconstruction, the Hermit holder shall restore the government right of way, public highway, street, sidewalk or curb in as good a e<;ndi- tion as it was when. the permit was issued, and. that. no debris lumber, materials or egui-nment of any kind shall be left nn such dri-veway approach, hinhc•r~=v, aove.rnment right of w~~~, pulalic street, sidewalk or curb so as to constitute or contri.hute to the creation of :~ pedestrian or motor vetic~l-~r hazard, and. the said holder shal_1 be liable for accidents, should any nccU r. ection 1~. F~n_altie.^. l~lny herson violatinn anv ~f p.. vaslons of phis crcTinance, or caus~nar, permittin~x, the ro ' . or sufferincr tine same to he done, or any Person who shall have obtained permit rursunt to this ordinance fair to construct the driveway approach or cut the curb accordinrr tp the standardst and plans a,nd specifications recommended by the chief eng~-peer asset forth in Section 4 of thi:~, crdinance, sha71 be guilty of misder!ee:nor and upon co mricti-on shall be fined not more than one hundred dollars for t1 violation of Section 2 of this ordinance, and/or not more th~;n twent~~-five dollarr- for every twenty-four hours that any other violation or default shall_ continue, and the s,id chief engineer may, after 30-day notice to the said violator or def.aultex, reconstruct the said driveway approach or cut in the curb, or anv other variation from the standards, and clans and specifications set forth in this ordinance, -~11 at the expense of such per ron, and such Person shall be liable for such cost in acl:iition to tl,e penalty of del~~v. The issuance or ~*rantinc~ of a permit shat-1 not be deemed or construer' to k~~e a permit for, or an approval of, an~r violati-on of this ordinance. °,ection ll. Validity. Tf anv section. or part thereof of this ordinance. sfiell he held i11eRa], unc<ms-ttutional, or void, this shall not he construed to render void any other provision or recniirement of this ordinance. Section 12. Effective Date. This ordinance shall take effect upon a-~., ac~r~roiial_, rrov~ded that this ordinance ,hall. not affect the liahi-lity of any person to prosecution and punishment for anv criminal offense commi±ted prior to said effective date and all such offenses may be. r;rosecrrted and punishe<' the ^ame a.° i~ this ordinance >,ad not heer~ Pnacted, -4- Ord. No..---.~.-1~'-...._......- File Ii o. -'---'----------... M. S. No. - ---.°--.-..... Date: