HomeMy WebLinkAboutORD 1966-389ORDINANCE NO. 389
(Bill No. 412 - 1966)
AN ORDINANCE OF THE COUNTY OF HAWAII, STATE O.F HAWAII, ESTABLISHING
PROCEDURES AND STANDARDS FOR THE PARTITIONING AND SUBDIVISION OF
LAND WITHIN THE COUNTY OF HAWAII, IN ACCORDANCE WITH 'IIiE PROVI3ION5
OF LAW UNDER CHAPTER 144, SECTION 33, REVISED LAWS OF HA6~II, 1955;
THESE REGULATIONS PRESCRIBE THE PROPER WIDTH AND ARRANGEMENT OF
STREETS, PROVISION FOR INSTALLATION OF PUBLIC UTILITIES AND
PROVISION OF ADEQUATE OPEN SPACE (For recreation and community
facilities), SPECIFYING PROCEDURES FOR THE ADMINISTRATION AND
ENFORCEMENT HEREOF: AND REPEALING ALL ORDINANCES IN CONFLICT
HE REWZTH.
Date Introduced: August 17, 1966 - Date Approved:
December 21, 1966 - Date Effective: December 21, 1966
Copies of the foregoing Ordinance, in fu:11, are on file
in the Office of the County Clerk for use and examination by
the public.
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COUI~'i'Y CLERK
COUNTY OF HAWAII
COUNTY OF HAWAII - STATE OF HAidAII
ORDINANCE N0. 3
AN ORDINANCE OF THE COUNTY OF HAGdAII, STATE OF HA'u'rAII, ESTABLISHING
PROCEDURES AND STANDARDS FOR THE PARTITIOMNG AND SUBDIVISION OF LAND
WITHIN THE COUNTY OF HA~A?AII, IN ACCORDANCE !°IITH THL PROVISIONS OF LA,d
UNDER CHAPTER 144, SECTION 33, REVISED LAWS OF HAl'JAII, 1955; THESE
REGULATIONS PRESCRIBE THE PROPER BJIDTH AND ARRANG~,It~ENT OF STREETS,
PROVISION FOR INSTALLATION OF PUBLIC UTILITIES AND PROVISION OF
ADEQUATE OPEN SPACE (For recreation and community facilities),
SPECIFYING PROCEDURES FOR TH$ ADnIINISTRATION AND ENFORCEI',SENT HEREOF;
AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII:
Section 1. TITLE
This Ordinance shall be known as the Subdivision Ordinance.
Section 2. ADDIIMSTRATION
This Ordinance shall be applied and administered within the framework of
the "County General Plan" which is a long range, comprehensive, general
plan prepared or being prepared to guide the overall Future development
of the County. Said "County General Plan" shall consist of that portion
of the "State's General Plan" that applies to the County, or such lesser
p rtion thereof as the County may adopt, together with those "Comprehensive
General Plans" for sections of the County which may hereafter be
adopted as amendments to or portions of the "County General Plan."
Section 3. DEFINITIONS
A. The following words and phrases, unless the context otherwise requires,
shall mean:
3.) ALLEY. A narrow street through a block primarily for access
by service vehicles to the back or side of properties fronting
on another street.
2~ ARTERIAL. A street of considerable continuity, which is
primarily a traffic artery for intercommunication between or
through large areas.
3,J BUILDIPJG LINE. A line on a plat indicating the limit beyond
which buildings or structures may not be erected.
4~) BUREAU OF COAIVEYF.NCES. A Bureau, a portion of the Department
of Land and Natural Resources, State of Hawaii, where subdivisions
meeting the requirements of this Ordinance shall be recorded.
5) CHIEF ENGINEER. The Chief Engineer of the Department of Public
Works of the County of Hawaii.
O.s, Nom. __.~
File No. _._._...~.~.....~.._
4I. B. No.._.._...
Date: AUG_17 1966 DEC ~ 1 1966
61 CITY OF HI LO. 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.
7~ COI~~ID4ISSICN. The Planning Commission o£ the County o£ Hawaii.
B~ COUNTY GENERfaL PL~'+N. Any plan adopted by the County of Hawaii
for the guidance of growth and improvement of the County, including
modifications or refinements which may be made from time to time.
9~ CUIrDE-SAC. (Dead-end street,) A street with only one end open
to traffic.
10) DIRECTOR. The Director of the Planning Commission.
11) DIRECTOR OF TRGIdSPORTATIOA!. The Director of the Department of
Transportation, State of Hawaii.
12) DISTRICT ENGINEER. The District Engineer of the Division of
Highways of the State Department of Transportation for the
County of Hawaii.
13J EASET"ENT. A grant of the right to use a strip of land for
specific purposes.
14i•) ENGINEER. A person duly registered as a professional civil
ehgiii~° in the State of Hawaii.
15.) LOT. A parcel of land intended as a unit for transfer of owner-
ship or for development.
16~~ LOT, REVERSED CORNER. A corner lot, the side street line of which
is substantially a continuation of the front lot line of the first
lot to its rear.
171 LOT, THROUGH. A lot having frontage on two parallel or
approximately parallel streets other than alleys and access being
derived from either of the tvuo streets.
18) LOT, REVERSED FRONTAGE. A lot situated between an existing or
proposed arterial street and a minor street with frontage and
access being derived from the minor street.
19) T'?ANA GER. The t`xnager of the Board of Water Supply of the County
of Hawaii.
20) PARKIdAY. Any road, street or highway that provides a traffic
artery which provides for movement of traffic in opposite
directions on either side of a dividing island or medial strip
and is designated for through traffic.
21a PEDESTRIAN 6'~AY. A public right-of-way through a block between
lots for pedestrian traffic, which may also be used as a utility
easement.
22) PERSON. An individual, firm, partnersY:ip, corporation, company,
association, syndicate, or any legal entity, including any
trustee receiver, assignee, or other similar representative
thereof.
23) PLAT. The map or drawing on which the subdividers plan of
subdivision is presented and which he submits for approval and
intends in final form to record.
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24) RESERVE STRIP. Anon-access reservation, placed under public
control with conditions approved by the Coc:unission, along rear
property lines of reserve frontage lots.
25•) RIGHT-OF-i'~AY. The area between property boundary lines for use
as a street or as a drainage or utility easement.
26.) ROADc1AY. The portions of a street right-of-way developed for
vehicular traffic.
27) SANITARY ENGINEER. ^1he Sanitary Engineer of the State Department
of Health for the County of Hawaii,
28) SIDE?~rALK. A surfaced walkway £or pedestrian traffic.
29 .) STREET. The entire width between the boundary lines of every
public way provided for public use, for vehicular and pedestrian
traffic, and the placement of utilities, and including "Road,"
"Boulevard," "Highway," "land," "Place," "Avenue," "Lane,"
"Court," "Alley," or similar designations.
30) STREET, BUSIA]ESS OR INDUSTRIAL. Any street providing primary
access to business or industrial lots.
31.) STREET, COLLECTOR. Any street supplementary to the arterial
street system which is a means of intercommunication between this
system and smaller areas; used to some extent for through traffic
and to some extent for access to abutting properties.
32.) STRi.ET, HALF. A portion of the width of a street, usually along
the edge of a subdivision, where the remaining portion of the
street is to be provided in another subdivision.
33 •) STREET, i'ARGINAL ACCESS. (Service road.) A minor street, parallel
and adjacent to an arterial, providing access to abutting
properties, but protected from through traffic.
34) S'['R:~ET, P,7INOR. A street intended exclusively for access to
abutting property.
35) STREET, PRIVATE. Any street providing primary access to land,
retained in private ownership,
36) STREET PLUG. A reservation for street purposes, placed under
public control under conditions approved by the Commission, for
the extension of streets from a subdivision into adjacent lands
that may be subdivided in the future.
37) SUBDIVIDED LAND. Improved or unimproved land or lands divided
into two or more lots, parcels, sites, or other divisions of land
for the purpose, whether immediate or future, of sale, lease,
rental, trinnsfer of title to or interest in, any or all such
parcels, and shall include re-subdivision, and when appropriate
to the context shall relate to the process of subdividing of the
land or territory subdivided.
38) SUBDIVIDER. Any person, firm, corporation, partnership,
association, trust or other legal entity, or a combination of
any thereof who or which causes land to be divided into a
subdivision for himself, itself, or for others.
39) SURVEYOR: A person duly registered as a professional land
surveyor in the State of Hawaii.
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Section 4. SCOPE OF R~GUL,'!TIONS
As authorized by Chapter 144, Section 33, Subsection g, Revised Laws of
Hawaii, 1955, as amended, and Section 4, Subsection B, Ordinance No. 321
of the County of Hawaii, 1965, all subdivision plats and all streets or
ways within the County of Hawaii created for the purpose of partitioning
land shall be approved by the Director in accordance with these regulations.
A person desiring to subdivide land or desiring to partition land by
creation of a street or way within the area under jurisdiction of the
County shall submit preliminary plans and final documents for approval
as provided in this Grdinance and the State law. No subdivision plat may
be filed with the Bureau of Conveyances or Land Court until submitted to
and approved by the Director.
Section 5. PRELI~.4INARY PIJ1T
A. INITIAL STEPS. A subdivider may call at the Commission office £or
information regarding procedures and general information that may
have a direct influence on the proposed subdivision.
B. SU~SISSION. The subdivider shall prepare a preliminary plat together
with improvement plans and other supplementary material required to
indicate the general program and objectives of the project, and shall
submit six (6) copies, or more if requested by the Director, of the
preliminary plat and other supplementary material to the Commission
Office.
A11 pertinent information on the preliminary plat shall be drawn to
scale.
l~Jhere the area to be subdivided contains only part of the tract owned
or controlled by the subdivider, the Director may require a sketch of
a tentative layout for streets in the unsubdivided portion.
C. PLAT SIZE AND SCALE. The preliminary plat shall be drawn according
to one of the following scales: 10, 20, 30, 40, 50, 60, 100, 200,
300, 400, 500, 600, SUO, 1,000, 2,000, 3,000, o:r 5,000 feet to an
inch; utilizing a sheet size of: 8 1/2 x 13; 10 x 15; 15 x 21; or
21 x 32, with the figures indicating inches. In the e vent that the
area of the proposed subdivision is so large that the preliminary plat
cannot be shown on one of the above indicated sheet sizes, a sheet
size of 21 x 32 inches shall be used to indicata the total subdivision
on a master or key sheet. Increments, blocks or portions of the proposed
subdivision, as indicated on the master or key sheet, shall be shown at
the required scale on subsequent sheets of 21 x 32 inches.
D. INFORP;ATION. Information required on the preliminary plat shall be
as follows:
1) GL,N~RAL INFOR?~`ATION
a. Proposed name of the subdivision shall not duplicate nor
resemble the name of another subdivision in the County of
Hawaii. It shall be subject to approval by the Director.
b. Date, northpoint and scale of drawing.
c. Tax key number or numbers and other information to sufficiently
describe and define the location and boundaries of the proposed
subdivision according to the Real i:state Records of the County
Tax Assessor.
d. Names and addresses of the owner or owners, subdivider, Engineer,
or Surveyor vrho prepared the plat.
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e. The approximate lot layout and the approximate dimension and
area of each lot.
f. Acreage of proposed subdivision and number of lots.
g. A title report issued by a licensed title company in the name
of the owner of the land, showing all parties whose consent
is necessary and their interests in the premises when required
by the Director.
2) E;XISTITdG CONDITIONS
a. Location, vaidth and names of all existing or platted streets
or other public ways within or adjacent to the tract, together
vrith easements, other rights-of-vaay, and other important
features, such as corners, property boundary lines, control
of access lines adjacent to State highways, and street
monuments.
b. iVhen required by the Director, contours at vertical intervals
of five (5) feet where the slope is greater than ten (10)
percent. Elevations shall be marked on such contours based on
an established bench mark or other datum approved by the
Chief Engineer. In addition, such contours as may be required
by the Hoard of viater Supply, Department of Health and County
Public lNorks Department shall be shown.
c. The location and direction of all water courses and approximate
location of areas subject to inundation or storm water overflow.
d. Existing uses of the property, including location of all
existing structures to remain on the property after platting.
In addition, location o£ all wells, cisterns, and private
sewage disposal systems, utilities, and etc.
e. Zoning on and adjacent to the tract.
3) PROPOSED PL/aN OF Lh.ND PpRTITIOiVIDiG. The following information
shall be included on the preliminary plat:
a. Streets showing location, widths, proposed names, approximate
radii of curves. The relationship of all streets to projected
streets shown on the County General Plan adopted by the
Commission, or if there is no complete County General Plan,
projected streets suggested by the Director to assure adequate
traffic circulation in the area.
b. Existing and proposed easements, showing width and purpose.
c. Lots, showing approximate dimensions, minimum lot size and
proposed lot and block numbers.
d. Sites, if any, allocated for purposes other than single
family dwellings.
4) EXPLIiNATORY iNFORaliTION. The following information shall be
included on and/or with the preliminary plat. If it cannot be
shown practicably on the preliminary plat, it shall be submitted
in separate statements accompanying the preliminary plat:
a. A vicinity map at a small scale, showing existing subdivided
land ownerships adjacent to the proposed subdivision, and
showing how proposed streets may be extended to connect with
existing streets.
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b. Proposed deed restrictions in outline Form if any,
c. The approximate location ~rithin the subdivision and in the
adjoining streets and property of existing sewers and rovater
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 propcsed connections.
d. Statement regarding water system to be installed, including
source, qualit=~ and quantity of water.
e. Provisions for sewage disposal, drainage and flood control
which are proposed.
f. Parcels of land proposed to to dedicated to public use, and
the conditions o£ such dedication.
g. Improvements to be made by the developer and the approximate
time such improvements are to be completed. Sufficient detail
regarding proposed improvements shall be submitted so that
they may be checked for compliance with objectives of these
regulations, State laws and other applicable County ordinances.
Section 6. FILING FEES
Each application for a subdivision is subject to the payment o]' the
following fee: Fifteen dollars (;15.00) plus the following amount per
lot noted on the initial preliminary plat, cr Cluster Plan Development
and for each additional lot resulting from any subsequent amendment of
the initial preliminary plat exclusively of any lots set aside for
roadway or easement purposes or dedicated for public use:
Five dollars (b5.00) for each of the first five lots, plus
Seven and a-half dollars (~v7.50) for each of the next
forty-five (45) lots, plus
Ten dollars (,G10.00) for each additional lot in excess of
fifty (50) lots.
The payment of the filing fee shall be made at the Commission's
office and payable to the Treasurer, County of Hawaii. This fee is
not refundable.
Section 7. PRELII'INk,RY PLAT R6VIL ,r
F.~ithin five (5) days after being submitted by the subdivider, the Director
shall furnish one (1) copy of the preliminary plat and supplemental
materials to the manager, Chief Engineer and Sanitary Engineer, and in
addition the District Engineer when a subdivision is adjacent to a
State highway or proposed State highway.
The above listed officers shall review the preliminary plat with the
Director.
Section 8, TE1\'TATIVE APPROVAL OF PRiLID:iINARY PLAT
A. 'd~ithin forty-five (45) days after submission of the preliminary
plat, the Director shall review the plan and may give tentative
approval of the preliminary plat as submitted or as it may be
modified or may disapprove the same and shall express its
disapproval and its reasons therefor in writing. Approval of the
preliminary plat shall indicate the llirector's directive to
prepare detailed drawings on the plat submitted, provided there
is no change in the plan of subdivision as shown on the preliminary
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plat and there is full compliance with all rec,uirements of this
Ordinance. The action of the Director with reference to any
attached documents describinE any conditions shall be noted on
two (2) copies of the preliminary plat. One (1) copy shall be
returned to the Subdivider and the other retained by the Director.
At such time the Director shall stamp the above two (2) preliminary
plats:
"Subdivider authorized to prepare detailed drawings on
plat as submitted including corrections noted."
"Recordation with the Bureau of Conveyances, State of
Hawaii, not authorized until approved for record at a
later date."
B. If no action (approval, disapproval, modification or deferral) is
taken by the Director within forty-five (45) days after submission
of the preliminary plat, or such longer period as may have been
agreed upon in writing, the preliminary plat shall be deemed
approved, and it shall be the duty of the Director to endorse its
approval of the preliminary plat upon the face thereof.
Section 9. DESIGN STAiQDARDS AND Re.~!UIR~.°i1,cdTS OF SUBDIVISIOIJ
Each subdivision and the map thereof shall conform to the following
standards:
A. PRINCIPLES OF ACCEPTABILITY
Subdivisions shall conform to the County General Plan and shall take
into consideration preliminary plans made in anticipation thereof.
Subdivisions shall conform to the requirements of State Law, County
Department cf Public !forks, State Department of Health, State
Department of Transportation, and County Board of 'eater Supply
requirements and the standards established by this Ordinance.
B. CRi;ATION CF STREETS
1) The creation of streets shall be in compliance with requirements
£or subdivision.
2) The Director shall approve the creation of a street provided that
any of the following conditions exist:
a. The establishment of the street is initiated by the Board of
Supervisors and is declared essential for the purpose of
general traffic circulation and the partitioning of land is
an incidental effect rather than the primary objective of
the street.
b. The tract in which the street is to be dedicated is an
isolated ownership of one .(1) acre or Poss.
c. The tract in which the street is to be dedicated is an
isolated ownership of a size and with special existing
physical conditions which make it impractical to develop
more than three lots.
C. STREETS
1) GEPa]3RAL. The location, width and grade of all streets shall conform
to the County General Flan and shall be considered in their relation
to existing and planned streets, to topographical conditions, to
public convenience and safety, and in their appropriate relation
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to the proposed use o£ land to be served by such streets. i':'here
location is not shown in a County General Plan, the arrangement of
streets in a subdivision shall either:
a. Provide for the continuation or• appropriate projection of
existing principal streets in :>urrounding areas, or
b. Conform to a plan for the neighborhood which has been approved
or adopted by the Director to meet a p<3rticular situation
where topographical or other conditions; make continuance or
coni'ormance to existing street, impracaical.
2) I~9IN1LiIUM RIGHT-OF-~al+Y AAID PA~F,;r~'LNT ~ 7DTHS. Unless otherwise
indicated on the County General Plar., the width of streets in
feet shall not be less than the minimums shown in the following
table:
:1i nimum
Type of Street Right-of-:°;ay Pavement
Parkways 300 24'
Primary Arterials 120 24'
Secondary Arterials 80 60' (urban)
24' (rural)
24' (agriculture)
Business & Industrial Streets 60 36' (urban)
24' (rural)
24' (agriculture)
Collector Streets 60 32' (urban)
20' (rural)
20' (agriculture)
iL4inor Streets (Streets generally 50 26' (urban)
not exceeding 1,300 feet in <:0' (rural)
length) <:0' (agriculture)
Cul-de-sac (Dead-end S t.) 50 20' (urban)
20' (rural)
20' (agriculture)
Radius for turn around at end 45 35' (urban)
of cul-de-sac 35' (rural)
35' (agriculture)
Alley 20 20' (urban)
20' (rural)
<20' (agriculture)
3) RESi;,RVL ST7SP. Reserve strips or street, plugs control:Ling the
access to streets will not be approved unless necessary for the
protection of the public welfare or of substantial property
rights or both, and in no case unless the control and disposal
of the land composing such strips is placed definitely within the
jurisdiction of the County or State under conditions approved by
the Director.
4) ALIGtITui~NT. As far as practical, all streets shall be in alignment
with existing streets by continuations of the center lines thereof.
The staggering of streets making "T" intersections shall be so
designed and adjusted with cur•res and diagonals, that ,jogs are not
less than 150' measured along the center line of the through street.
If it is not possible to align the streets of a new subdivision with
existing roads of an adjacent tract, short jogs may be avoided by
establishing reverse curves in the road alignment within a block.
Such jogs shall be separated from the existing road right-of-way
by a tangent, a mircirnurn of 50 feet .long to the beginning or end
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of the curve. llthough such reverse curves are not objectionable
in residential areas, they shall be avoided in commercial and
industrial districts.
5) FUTUR ~XT1::^?SIOD1 CI' CTR;~LTS, dhere necessary to give access or
permit a satisfactory future subdivision of adjoining land, streets
shall be extended to the boundary of the subdivision and the
resulting dead-end streets may be a,;~proved without a turn-around.
Reserve strips and street plugs may be required to preserve the
objectives of street extensions.
6) INTaSLCTIODi ^.JGu~". Streets shall be laid out to intersect at
angles as near tc right angles as practical except vuhere topography
requires a lesser angle, but ir. no case less than 60 degrees unless
there is s. special intersection design.
Intersections vahich are not at right angles shall have a minimum
corner radius of 25 feet along the right-of-way lines of the acute
angle. All right-of-way lines at intersections with arterial
streets shall have a corner radius of not less than 20 feet. If
unusual topographical conditions exist that vrill impair sight
distances and create a traffic hazard, the Chief Engineer may
specify a larger corner radius.
7) EXISTING STREsTS. When existing streets adjacent to or within a
tract are o£ inadequate width, additional right-of-way shall be
provided at the time of subdivision.
8) HALF STRLL^TS. i•lo half streets shall be developed except where
essential to the reasonable development of a subdivision, when
it is in conformance with other provisions of this Ordinance and
when the Director is showrn clear evidence that the adjoining parcels
shall be developed and that dedication of the other half shall be
made when the adjoining property is subdivided. Whenever a half
street is adjacent to a tract to be subdivided, the other half of
the street shall be z>latted within such tract. Reserve
strips and street plugs may be required to preserve the objectives
of half streets.
9) CUL-D;-SACS. (Dead-end Street.) G cul-de-sac shall be as short
as possible and shall not be more than 600 feet in length nor
serve more than eighteen (1B) lots, provided that longer streets
may be approved by the Director to provide adequate access to the
building lots when unusual topographical conditions exist. All
cul-de-sacs shall. terminate with a circular turn-around of 45 feet
radius, except that a T-turn around shall be pexmissTble, if in the
opinion of the Director, this type of turn-around meets the require-
ments of the situation.
10) STREET NAi;IcS. No street names sha]_1 be used which may duplicate
or may be confused with the names of existing streets in each
individual district of the County, provided that identical or
similar names may be used to name extensions of existing streets.
Street names shall conform to the established pattern in the County
and shall be subject to the approval of the Commission and
adoption of same by the Board of Supervisors.
11) GRADES AAID CURVcS. Grades of all streets shall be a reasonable
minimum but in no case be less than one-half of one (0.5)-pe..r•,esmt
and shall not exceed seven (7) percent on rnajor arterials, eight
(g) ger Eeii!L secondary arterials, ten (10)per Bent on collector
streets, or twelve (12)per ant on any other street. No grade
shall be less that, one-half of one (0.5)per ceritt at the gutter.
Vertical and horizontal curves shall be so designed as to give
non-passing distance visibility in conformance with the following
minimum requirements:
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Vertical Horizontal
Classification Curve Curve
Primary Arterial 500 feet 500 feet
Secondary Arterial 500 feet 500 feet
Business or Industrial St. 500 feet 500 feet
Collector Street 500 feet SGO £eet
i~,inor Street 300 feet 300 feet
Cul-de-sac lOG feet 200 feet
Variations from these grades or curves, may, hovrever, be permitted
by the Director and the Cirief Engineer where advisable to meet
topographical conditions; and the Chief r,ngineer may specify
additional standards accordingly.
12) P,IARGINAL ACCESS ST'ftr.~TS, (Service Road.) 'there a subdivision
abuts or contains an existing or proposed arterial strut, the
Director may require mc~.rginal access streets, reverse frontage
lots with suitable depth, screen planting contained in a non-
access reservation along the rear property line, or such other
treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and
local traffic.
13) ALLEYS. Allays shall have a runimum width of twenty (20) feet
in commercial and industrial districts, unless adequate permanent
provisions for access to off-street parking and loading facilities
approved by the Director have been provided. Corner cutt-off where
two alleys intersect, ten (10) feet corner cut-offs shall be
required,
lk) PRIVATE STP~L;TS. No private streets, alleys or ways shall be
approved unless they are improved as specified under Section 10,
°IP+IPROV6,P'IENTS Rh~r,UIRED.°
D. BLOCKS
1) GEI~RJ•L. The lengths, widths and shapes of blocks shall be
designed with regard to providing adequate building sites
suitable to the use contemplated, needs for convenient access,
circulation, control and safety of street traffic, and
limitations and opportunities of topography.
2) SIZES. Blocks shall not exceed two (2) tiers of lots in width
and thirteen hundred (1,300) feet in length, except blocks adjacent
to arterial streets or unless the previous adjacent layout or
topographical conditions justify a variation. Blocks shall not be
less than four hundred (400) feet in length. Long blocks shall be
provided adjacent to arterial streets to reduce the number of
intersections. The recommended minimum distance between intersec-
tions on arterial streets is eighteen hundred (1,800) feet. Longer
blocks shall be used when pcs Bible.
The desired length for normal residential blocks is from eight
hundred (800) to one thousand (1,000) feet. ,Then the layout is
such that sewers will be installed or easements for future sewer
lines are provided along rear lot lines, the block should not
exceed eight hundred (800) feet in length.
3) EASEtl;NTS
a. Natural Tdater Courses. !",here a subdivision is traversed by a
natural water course, drainage way, channel or strearn, there
shall be provided a drainage easement or drainage right-of-way
conforming substantially vrith the lines o£ such water course,
and such further width as will be adequate for the purpose.
Streets or parkv!ays parallel to water courses may be required,
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b. Pedestrian udays. In arty block over seven hundred fifty (750)
feet in length, the Director may require creation of a
pedestrian way at or near the middle of the hl ock. If unusual
conditions require blocks longer than thirteen hundred (1,300)
feet, two (2) pedestrian rays may be required. Said pedestrian
way shall be dedicated for public use and shall have a minimum
width of ten (10) feet.
E. LOTS
1) SIZh /:P1D SHAPE. The lot size, width, shape and orientation, and
the minimum building setback lines shall be appropriate for the
location of the subdivision, the type of development and uses
contemplated and in conformance with the provisions of the Zoning
Ordinance.
2) PaINIPtUP? LOT SIZES. The minimum sizes of various types of
residential lots shall be as frllows:
PQinimum Size in Feet Patin. Area
Tye of Lot Average ";didth Average Depth In Sq. Ft.
Corner Lot 65 100 7,500
Interior Lot 60 100 7,500
Butt (key) Lot 65 100 7,500
Double Frontage 60 200 15,000
Reverse Frontage 60 125 7,500
The lot average width shall be obtained by dividing the total area
of the parcel of land by the maximum depth of such parcel measured
in the general direction of the side lines. In no case shall the
average depth be more than two and one-half (2 1/2) times the
average width. Corner lots for residential use shall have extra
width to permit appropriate building setback f rom an orientation
to both streets.
a. Commercial Lots, tiJhere property is zoned and planned for
commercial or industrial use, other widths and areas may be
permitted by the Director in conformance with the provisions
of the Zoning Ordinance. Depth and width of properties
reserved or laid out for commercial and industrial purposes
shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development
contemplated.
b. Lots for Sewage Disposal Systems. uimere property will not be
served by a public sewer, lot sizes shall conform to the
requirements of the State Health Department and shall take into
consideration problems of water supply and sewage disposal.
No subdivision shall be approved that does not meet requirements
established by the State Health Department and County Department
of Public Works for sewage disposal.
3) ACCESS. c;ach and every subdivided lot shall abut upon a public
street or approved private street. No lots shall be platted without
frontage on a street. The Director may indicate the side or sides
of arty lots from which driveway access shall be permitted or
prohibited.
la) LOT SIDE LIN;S. The side lines of lots shall run at right angles
to streets upon which the lots face, or on curved streets they
shall be radial to the curve, as far as practicable.
5) THROUGH LOTS. A lot having frontage on two parallel or approximately
parallel streets other than alleys and access being derived from
either of the two streets known as through streets shall be avoided
- 11 -
except where essential to provide sepa_retion of residential
development from major traffic arteries or a ;,cent non-residential
activities, or to overccme specific di s:dvantayes cf topoPraphy
or orientation;.
A planting screen easement of at least ten (lO) feet, across which
there shall be no right of access, may be required c.lonE lot lines
abutting such a traffic artery or ether disadvantageous use. N
through lot with planting screens ;hall have a minimum average
depth of one hundred twenty-five (17_>) feet.
6) SUIT/;BEE FOR IhiTEPIDED U5~~. N11 lots shall he suitable for 'the
purposes for ,which they are intended to L-e sold and no dangerous
areas subject to periodic inundaticn in such a manner as to
endanger the health or safety of the occupants thereof, may be
subdivided for residential purposes.
F. LhRGi~ LOT SUBDIt~?;;ION
In subdividing tracts into large lots which a.t some
likely to be resubdivided, the Director may require
shall be of such size and shape, be so divided into
such building site restrictions as mri11 provide for
opening of strec;ts at intervals which will permit a
of any parcel into lots of smaller size.
G. BUILDING LIhC,S
future time are
that the blocks
lots and contain
extension and
subsequent division
If special building setback lines at variance vith the provisions of
the Zoning Ordinance are established in a subdivision, they shal]_ he
shown on the subdivision plat or included in the deed restrictions.
H. iONL'P?Ei;ITS
Itlonuments approved by the Chief Engineer shall be placed and properly
coordinated with the State survey triangulation stations ai; all angle
or points of curvature in streets and at such intermediate points as
shall be required by the Chief' engineer. l11i let and block corners
shall be properly established end marked with one-half (z) inch
round galvanized pipe or equal and firmly and permanently set in the
ground.
I. LOChTIOhi OF UTILITIES
In general, all utilities shall b~ located within the street width,
and government ovmed water mains shall be located in the paved areas,
except that vaat~~r mains of a suburban vrater system may be located a.s
designated in the area between the ed{~e of pavement and the property
line when approved by the Chief Engineer and Ddanager. ':!here
practicable, sewer mains shall be located in the paved area between
curbs.
On State highways, ali utilities shall be located in the area between
the edge of pavement and the pronert;q line. ';dhcre practicable,
minimum distance of six (6) foot shall he- maintained between the edge of
pavement and the location of the utilities. Utilities may be
permitted to cross the highway on ~. line normal to the centerline o£
the highway. Under certain conditions the utility may be permitted
to deviate from the normal lire but in no case shall the angle
between the utility and the normal line exceed forty-five (45) degrees.
If in the opinion of the Director, the Chief Engineer and Panager, the
most suitable and reasonable location for any of the utilities, such
as sewers, storm drains, mater and gas pipes, electric and telephone
pole lines and conduits, which are likely to be required within a
- 12 -
subdivision, either for the service thereof or for the service of areas
in the surroundin€ territory, do not, lie wholly within the street
width, the Director may require provisions to be made for the location
of such utilities on routes elsewhere than within said street width.
The subdivider shall designate the required area or areas J'or all such
utility locations outside of the street width and shall deliver proper
easements for the same.
Easements or rights-of-way for sewers, storm drains and government
owned water facilities shall be fifteen (15) feet in vridth and centered
on rear or side lot lines except for }?uy-wire tie-back easements,
which shall be three (3) feet wide by tvrenty (2U) feet, long along lot
lines at change of direction points of easements, except t}!at this
width may be ,..edified -,vhere the Chief Engineer or the County Board of
dater Supply, ~^r};ichever is appropriate, finds that a greater or lesser
width is necessary or satisfactory for the purpose of the use of the
area. casements or rights-of-way for a 11 government owned utilities
includinf storm drains except those under the jurisdiction of tY:e
County Hoard of :a ter Supply shall be conveyed Lo the County og Hawaii
and documents shall be delivered to the Board of Supervisors fer
acceptance. Casements or rights-of-way for water facilities which a re
under the jurisdiction of the County Board o£ Water Supply and the
documents shall be delivered to the Hoard of Supervisors for acceptance.
J. PARKS, PLC~YGROUDIDS, SCHOOL::;, E'PC.
The subdivider of a large subdivision shall dedicate suitable areas
for parks, playgrounds, schools, and other public building sites that
will be required for the use of its residents. Five (5) to ten (10)
per cent of the land area, exclusive of streets, shall be dedicated
for recreational and public use, or reserved for a period of two (2)
years for acquisition by a public agency. Outstanding natural or
cultural features such as scenic spots, water courses, fine: groves of
trees, heiaus, historical sites and structures shall be preserved.
Section 10. IP~PROViT?EDITS R,.;[r?RI,D
A, 1"JAT~R SUPPLY. Any subdivision hereafter to be lain out within the
County of Hawaii shall be provided vaith water as fellows:
1) Any subdivision shall urovide a water system meeting the
minimum requirements o£ the County Board of '.pater Supply.
2) ;^]ater mains and fire hydrants shall be installed to and within
the subdivision in accordance with the rules and regulations of
the County Board of .eater Supply, enacted ir, conformity with
Part VIII, Chapter 146, Revised Lays of Hawaii 1955, and all
amendments thereto,
B. Sc';AGE DISPG~tiL
1) In any subdivision hereafter to be laid out within the proximity
of an existing public sewer system, sewer lines shall be installed
vrhere the subdivision is t^rithin three hundred (300) lineal feet
of the existing sewer system. These lines shall conform to the
minimum requirements of the County Department of Public 'riorks.
2) In subdivisions where sewer connections cannot be made to an
existing sewer system under the requirements of this Ordinance,
the subdivider shall meet the minimum requirements of the State
Health Department relating to sewage disposal.
C. PAVEP't;D!T OF DliDIC~iHI1~ STR~a~TS. The subdivider shall grade, drain and
surface all streets here~~fter constructed within the County of Hawaii
as shown on his plat, except reserved dedication for future street
purposes, so as to provide access f. or vehicular traffic to each lot
- 13 -
of the subdivision, All streets shall be constructed in accordance
vrith the specifications hereinafter set forth and those on file
with the County Department of Public idorks and shall be installed
under the supervision of the Chief Lnginee.r and to permanent
grades approved by him. All streets shall have sufficient thickness
of pavement and~or compacted base course and sub-base material to
support axle and wheel loads permitted under Section 311-1,0, Revised
Laws of Hawaii, 1955 and all amendments thereto; and in no case shall
tl:e streets be less substantial than the fcllo~wing minimum dedicable
standards of the County of Hawaii.
1) Streets serving areas zoned for lots 7,500 square feet to and
including one (1) acre, shall have a 6" minimum select borrow
sub-base course, a base course cf 4" of compacted crusher run
base with filler and a pavement of two (2) inches of asphaltic
concrete or tyro and one-half (2-1/2) inches of asphaltic macadam,
applied in three (3) separate applications. Pavement width shall
conform to the urban standard as set forth under Section 9, C, 2).
2) Streets serving areas zoned for lots of over one (1) acre and
up to and ircluding three (3) acres, shall have a 6" minimum
select borrcca sub-base course, a base course of 4" of compacted
crusher run base and a pavement of tyro (2) inches of asphaltic
concrete or two and one-half (2-1~2) inches of asphaltic macadam,
applied in three (3) separate applications. Pavement width
shall conform to the rural standard as set forth under Section 9,
C, 2),
D. ST6NDARD OF PP.V.,D;LNT FOR A]OA'-DLDICABLi~, STRi;LTS
1) Street serving areas zoned for lots o£ three (3) acres and over
shall have a 6" fine select borrow base course and two (2)
applications of an asphalt base fuel oil (]3unker Fuel C), each
application to consist of not less than one-quarter (0.25) gallon
of oil per square ,yard of road surface. Preparation of the surface
and application of the oil and equipment used shall conform to
standards adopted by the County Department of Public d~~orks, provided
that oil treatment shall be applied upon the fine select borrow
base course, subject to the condition that portions or roadways
where grades are 8;.' or greeter shall be built to paved requirements
of this Ordinance. Pavement widths shall conform to the agricul-
tural standards as set forth under Section 9, C, 2). hiuhere
subdivision streets connect with a State ?li.ghway, the standards
of the pavement within the State highway right-of-way shall
conform to standards adopted by the; State Department of
Transportation. r~. maiaenance escrow fund shall be established
by the developers with the County of Hawaii prior to final approval
for recordation. Said fund shall be revievred by the County
Attorney and approved by the Director.
2) Dead-end streets which does not exceed 250 feet in length from a
government road ~~rhich provide access tc six (6) residential lots
or less conforming to the minimum area requirements set fr,rth in
the Zoning Ordinance may be privately maintained ,;;ith the
following minimurl pavement ~ridth and right-cf-vJay i^'ith the
approval of the Director.
Road Access Pavement Right-of ','ay
1 lot 12 feet 12 feet
2 lots 14 feet, 14 feet
3 lots 16 feet 16 feet
4 lots 18 feet. 1£? feet
5 to 6 lots 20 feet 20 feet
- 14 -
The streets providing access to six (6) residential lots or less
shall be constructed in conformance with standards on file at the
County Department of Public P,'orks.
L. SIDh'!AL3CS. For the sai:ety of pedestrians and of children at play,
sidewalks on both sides of the street may be required. Sidewalks
shall be required in all subdivision within a radius o£ one-half
(1/?_) mile of any school in accordance with the. standards established
by the County Department of Public Works.
the Director shall have the authority to recommend and the Board of
Supervisors may, when in i+,s judgment a necessity exists for such
improvements, require the construction cf sidewalks which shall be
constructed in accordance ~.a~itP~ specifications of the County Department
of Public Works,
F. PEDESTRIAN NAYS. A four (k) feet walk strip shall be paved in the
center of all pedestrian ways. Paving; shall consist of not less
than three (3) inches of compacted crusher run or crushed rock
passing a 3/4 inch screen.
G. CURDS ,. ND GiiTTBRS. The Director shall have the authority to recommend
and the Hoard of Supervisors may, whey, in its judgment a necessity
exists for such improvements, re.luire the construction of curbs and
gutters which shall be constructed in accordance with specifications
of the County Department o£ Public ''orks.
H. LfaAID SURFACE DR.I~INtiGi~,. Such grading shall be done and such drainage
structures shall be provided by the subdivider as are deemed essential
by the Chief Engineer or Sanitary Engineer to protect roadways and
public safety.
I, STRbET LIGHTS. Street lights shall be constructed within i;he subdi-
vision. ^Ihe street lights shall conform to the sta dard specifications
on file with the County Department of Public Jorks. The construction
of street lights shall be made a part of the contract for subdivision
improvement and installed coincident with other required improvements.
J.~ STRtsET Ni'~.L ;+idD TF?I+FFTC SIGNS. Street name signs showing the names of
intersecting streets shall be erected b.r the subdivider at each street
intersection. The type and location of street name and traffic signs
which shall be ,:.."... by the subdivider shall be subject to the
approval of the Chief ~,ngineer and shall conform to the standard
specifications on file at the County Department of Public 'forks.
K, ZONIidG R~STRICTIOiVS. The Director shall d9.sapprovE a preliminary
plat or a subdi-.~ision map uvhere the subdivider has failed to cor.:ply
with the provisions of the Zoning Ordinance.
Section ll. CONSTRUCTION PIA NS
A. After the subdivider has secured tentative approval of hi^, preliminary
plat of the subdivision from the Director, and before beginning
construction of the improvements therein, if' he wishes to proceed with
the subdivision of his property, the subdivider shall prepare and
submit to the Director construction plans and specifflcations showing
details of road construction, drainage structures, sewers, water mains
and all other utilities proposed to be installed in the proposed
subdivision. The construction plans shall be drawn on tracing clotk~
to County standards as 'to size and gener<;1 drafting practice.
Included witl: the construction plans shall be a general layout map
showing the location of lots and streets, and the location of water
lines, sewer mains and drainage systems. Plans shall be prepared
by an engineer registered under the laws of Hawaii; provided that,
- ''-5 -
when the subdivision consists of three (3) lots or less, the Director
may grant tentative approval to proceed with plans without the seal
of an engineer.
B. The subdivider shall submit six (6) copies of the construction plans
and specifications to the llirector for examination and submission to
the Chief ingineer, the P:ianager, the Sanitary Engineer and the
District engineer as required under S~c~i:ont 7,, for their :respective
consideration and approval. Such construction plans and specifications
shall be considered approved for construction purposes when the
construction plan tracinE-s and specifications bear the approval of the
Chief ingineer, the P°~anager, the Sanitary Engineer, the District
Engineer and the Director as required under Ssctiori 7.
Section 12. COT]PLLTION OF IP~~PRC1rL1'..NT RLQUiR1~S'~:`;TS FOR FIDhL PLAT
APPROV: L •- BONDING
A. CONSTRiiCTION PRIOR TO FINAL APPR~OV~~L
sdhen the construction drawings and specifications, bear the approval
of the Director, the Chief Engineer, the TSanager, the Sanitary
1i;ngineer and the District Engineer as required under Section 11, and
the final plat bears the approval of the llirector, the subdivider
may proceed with the construction of the improvements and utilities
and after completion of the same in accordance with these rules and
regulations, the Director shall grant approval for recordation of
his final plat. buhere construction extends into the State highway
right-of-way, the contractor shaL'~ obtain a Hermit from the District
Engineer prior to commencement of work vaithin the State right-o£-way.
The subdivider may then record the final plat and sell the lots or
transfer any interest therein. In this case no bond or security
need be posted :+rith the County Department of Public rJorks and/or the
County Board of slater Supply.
B. BOND AND FINAL APPROVAL PRIOR TO CONSTH.OCTION
A subdivider may secure final approval prier to completion of
construction by entering into an agreement with the County,
signed by the Director and the County Department of Public ^Dorks
and/or County Board of 'Dater Supply wherein the subdivider agrees to
make, install and complete all required improvements within a specified
time and file with the County Department o£ Public 'forks and/or the
County Board of ''ater Supply a surety bond or other security as
hereinafter specified, to assure the County Department of Public lk'orks
and/or the County Board of 'dater Supply the actual construction and
installation o£ the improvements and utilities sho~,n on the approved
construction drawings and specifications. The Director shall, after
the execution and acceptance of the agreement and bond, grant approval
of the final plat, The subdivider may then proceed to record the
final plat and sell the lots or transfer any interest therein prior
to completion of said impr~wements.
1) Agreement. The owner or owners of the subdivision shall submit an
agreement to the Director who shall refer said document; to the
County Attorney for approval as to form and legality. Said
agreement specify that the subdivider shall complete all improve-
ments and utilities to the satisfaction o£ the Chief Engineer and/or
the County Board of":Dater Supply, and shall provide that if the
subdivider shall. fail to so complete such work within the time
specified or such extension of time under specified conditions
or for the termination of the agreement and upor. a reversion of
the subdivision or part, thereof to its original acreage, the
County Department of Public corks and/or the County Board of
vuater Supply may complete the same and recover the full cost and
expense thereof from the subdivider
-.16-
2) Bond. The agreement as specified in Section 12., B, 1), shall be
secured by a good and sufficient surety bond (other than personal
surety), certified check or other security acceptable to the
Director and approved by the County Attorney, in the sum equal
to the cost, of all the ~rrork required to be done by the subdivider
as estimated by the Chief Engineer and the 1~;ianager, if the subdivi-
sion is within the scope of the County Board of Water Supply
requirements. Said surety bond shall be payable to the County of
Hawaii and also to the County Board of hater Supply i£ the subdivi-
sion is within the scope of the 7ounty Board of hater Supply
requirements and shall he conditioned upon the faithful performance
of any and a1'_ work required. to be done by the subdivider.
Said security shall be filed ~.vith the Director and deposrt,ed with
the County Treasurer as a realization in zrhole or part for the
completion, correctior. of any defecti-ve werlc or improper work
called for in the original. plan,
Section 13. I>\LSPECT1ClU IalvID Cr.RI"iFICI1TI0L
A. The Chief Engineer shall inspect the construction of improvements and
installation of facilities and utilities and other work in any sub-
division. Phe manager sha71 inspect all construction and improvements
relating to water systems.
B. Prior to the beginning of construction of the required improvements or
prior to final approval of a subdivision map, vrhen a suitable bond is
posted, the applicant shall be required to pay a fee of two tenths
(0.2) of one per cent of the estimated cost of the construction work
to be done in the subdivision but not less than twenty-five dcllars
025.00) to cover the costs o£ inspection; provided, however, that
said fee shall be returned to the applicant i£ the subdivision map
is not approved. Fees received £rom applicants shall he deposited
with the County Treasurer.
C. Defore starting any c onstruction work, the subdivider shall give
written notice at least one (1) week in advance to the Chief Engineer
and/or P;ianager (if construction involves a water supply system), the
name of the contractor and any other pertinent :information, and shall
file three (3) prints of approved construction drawings and specifi-
cations with the County Department of Public ~Jorks and/or the County
Board of Plater Supply (if construction :involves a water supply system).
During ecnstr•uction oi' improvements and installation of facilities
and utilities and the carrying on of other vrork in any subdivision,
the work shall at all times be subject to inspection by the Chief
sngineer and/or itdanager, or their representatives.
Subdivision improvements shall not be considered complete and
acceptable for final approval by the Director until such improvements
are so certified in ~•vriting to be complete and of acceptable standards
by the Chief Engineer and/er Manager.
., Construction ~.~athin the State highvaay right-of-way shall be subject
to inspection b~~ the District Engineer rr his representative.
Section 14. FIl\~AL PLAT
A. TIPIli LILIT. The final plat shall be prepared and completed within one
(1) year following the tenta.ti.ve approval given on the preliminary
plat by the Director. If the final plat has not been filed within
this period, the preliminary plat shall be deemed null and void. `lime
extension, for good cause may be granted as provided under Section 15.
- 17 -
B. DRAFTING OF PLA'P. In preparing the final plat, all engineering and
surveying work shall be made by or under the supervision of an
engineer and~or surveyor, respecti;`ely.
If' the final plat, following approval by the Director, is to be
filed with the Land Coux•'tfor recordation, it shall comply with all
requirements specified under the rules of the Land Court for Land
Court subdivision. In addition, all official final plats shall be
drawn in black India ink on a good quality tracing cloth. The scales
and sheet sizes utilized or. this drawing shall be the same as required
under Section 5., C., of this Ordinance. All of the drawings shall be
on one side of the sheet and dedication or other written material shall
be submitted on supplemental sheets,
C. ICdFORTitiTION itG'-<Uilttl) OD: FINI;L PLAT. Tha followin@; information shall be
shown on the final plat and supplemental sheets in addition to any
other information required to be shown thereon under provisions of any
State statute or County ordinance.
1) Date, northpoint and scale of drawing.
2) Legal description of th:e tract boundaries.
3) Name and address of the ovmer or owners, subdivider, e~ngincer, or
surveyor who prepared the plat.
4) Approved street names on dedicable streets.
5) Reference points of existin; surveys identified, related to the
plat by distances and azimuths, and referenced to a field book or
map as follows:
a. A11 stakes, monuments or other evidence found on the ground
and used to determine the boundaries of ~:,he subdivisi.on.
b. Adjoining corners of all adjoining subdivisions.
c. Boundary lines and grants within arni adjacent to the plat.
d. ?.Whenever the County has established the center line of a
street, adjacent to or within the proposed subdivision, the
location of this Line and monuments found or reset.
e. A11 other monuments found or established in making the survey
of the subdivision or required to be installed by provisions
of this Ordinance.
f. Tract boundary lines, right-o£-way lines and center lines of
streets; lot and block lines with dimensions, azimuths or
deflection angles and radii, arcs, points of curvature and
tangent bearings shall be shown to the nearest thirty (30)
seconds. All distances shall be shown to the nearest 0.01
feet. Lrror of closure shall l;c within the limit of one (1)
foot in four thousand (4,000) feet. No ditto marks shall be
used. Lots containing one (1) acre or more shall show total
acreage to the nearest hundreth, iVc lct shall contain any
part of an existing or propose<9 public right-o£-way.
g. The vridth of the portion of streets be;in.g dedicated, the width
o£ any existing; right-of-vaay and the widths each side of the
center line. For streets on curvature, .•11 curve data shall
be based on the street center lino and, in addition to center
line dimensions, shall indicate thereon the centra:L angle,.
lg..
h. All easements denoted by fine broken lines, clearly identified
and if already on record, its recorded reference; if any
easement is not definitely located of record, a statement of
such easement, The widths of the easement and the lengths and
azimuths of the lines thereof and sufficient ties thereto to
definitely locate the easement smith respect to the subdivision
shall be shown. If the easement is being dedicated by the map,
it shall be properly referenced in the owner's certificates of
dedication.
i. Lot numbers beginning with the number ".L" and continuing
consecutively in each block.
j. Block numbers beginning with the number "1" and continuing
consecutively without omission or duplication throughout the
subdivision, 17~e numbers shall be solid, of sufficient size
and thickness to stsnd out and so placec9 as not to obliterate
any figure. Bloc}-t numbers in an addition to a subdivision of
the same name shall be a continuation of the numbering in the
original subdivision.
k.. Land parcels to be dedicated for any purpose, public or private,
to be distinguished from lots intended for sale and their use
indicated.
1. R-linimum building setback lines, where not otherwise fixed by
a building code or County ordinance.
m. The following certification may be combined where appropriate:
1. A certificate signed and acknowledged by all parties
having any record title interest in the land subdivided
consenting to the preparation and s~:cording of 'the plat
when required by the Director.
2. A certify cate signed and acknowledged as above, dedicating
all aparcel~s of land shown ai the f2na1 ma~ and intended
for ny pu lic.use except t~iose parcels w ich are intended
for the exclusive use or the; lot owners in t he subdivisiot.,
their Licensees, visitors, i;enants anrf servants.
3. P; certificate ti+ritli the seal of and signed by the Engineer
or surveyor responsible for the survey and final draft.
4, All other certificates now or hereafter required by law.
All control of access lines adjacent, to State highways
shall be denoted by the State Highways Division standard
symbol of semicircles on the control o£ access line.
n. All writing, including signatures on they final plat shall be
made in black India ink,
D, SUPPLIS`NTI;L INF'OP~'ATION s'lI'PH rInt4L PLAT. The following data shall be
submitted with the final n1at:
1) A complete title report issued by a licensed title company in the
name of the owner of the land, showing al 1 parties whose consent
is necessary and their interests in the premises when required
by the Director.
2) rive copies of any deed restrictions applicable to the subdivision.
3) vdritten proof that all taxes and assessments on the tract are
paid to date.
- lv ..
L. SUBDIVISION NOT INVOLVI1dG STr~.i,TS, DR6IDIS PI~~OR UTILITIES
In case a subdivision which involves no streets, drains or
utilities, the preliminary plat may be approved by the Director f or
recordation provided the preliminary plat meets all of the requirements
of a final plat.
Section 15. FILIAIG OF' FTNl,L PL/+'Z
6`dithin one (1) ,year after tentative approval of the preliminary plat by
the Director, the subdivider shall have the subdivision surveyed and
shall prepare a final plat which conforms with the preliminary plat as
tentatively approved. The subdivider shall submit to the Director
eight (8) copies of the final plat, }~ epared in conformity with these
regulations, together with four (4) additional copies of a general
layout map, same originally attached to the construction drawings and
specifications (where required) showing the location of lots, streets,
water mains and storm drainage system. The Director may grant to the
subdivider an extension of time within which he may file such fi nal plat,
provided that the subdivider has made an application in writing to the
Director for such purpose at least forty-five (45) c9ays before the
expiration of said period of one (1) year.
The time of filing the final. plat shall be taken to mean the time at
which the same, together with all required data, is received by the
Director. The Director shall indicate the date of filing on all copies
of the final plat and accompanying data.
Section 16. TECHNICAL Ri.VIE49 ARID ACTION ON FINAL PLAT
A, icJithin five (5) days after receipt of the final plat and other data,
the Director shall submit copies of the final plat and other data to
the Chief Engineer, I~ianager, Sanitary i~,:gi_re er and Distxxt Engineer
for review of said final plat with the Dire ctor. Final plat shall be
examined as to whether it is substantially simi:Lar to the approved
preliminary plat, that the plat is technically correct, as well as
to verify the information on the final p]at by entering upon the
respective subdivisions. If there is a variance, the subdivider
shall be advised by the Director of the changes or additions that
must be made and afforded an opportunity to make. corrections.
The Director shall. approve or disapprove said plat within f orty-five
(45) days, after receipt of the final p7a t. Otherwise, such plat
shall be deemed to have been approved and a certificate to that
effect shall be issued by the Director; provided, however, that the
applicant may waive this requirement and consent to an extension of
said period. If the Director disapproves said plat, the ground or
grounds o£ disapproval shall l,e filed in the records of the Commission
office. No plat shall be disapproved by the Director without affording
the subdivider a hearing thereon.
Upon final approval, the Director shall stamp the final plat and
three (3) copies of the final data
"SUBDIVISION TJUTQBER APPROVED FOR RECORDATION
WITH TItE BUREAU GF CONVi.YANC::S, STATE OF HA~~!AII."
and such approval shall bear the signature of the Director. The
Commission office shall then retain one (1) copy of the final plat,
forward one (1) copy of the iYna1 pJ'lat to the Hilo Tax Office, and
one (1) copy of the final flat to the subdivider. The approval o£
the final plat by the Director shall not be deemed to constitute or
effect an acceptance by the County n£ the dedication of any street
or other easement or sway shown on the n1at.
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1) No change in a subdivision, or in the plan of a subdivision,
already approved, shall be made without the approval of the
Director.
2) Land shall not be offered for sale, lease or rent in any subdivision,
nor options or agreements for the purchase, sale, leasing or rental
of land made until approval for recordation of the final plat is
granted by the Director.
3) The approval for recordation of the final plat by the Director
shall not relieve the subdivider of the ree.ponsibility for any
error or errors in the dimensions or other discrepancies. Such
errors or discrepancies shall be revised, or corrected, upon
request, to the satisfaction of the Directcr.
C. FILING OF FIi!;tL PLAT. After the Director grant's approval for
recordation of tha final plat, the subdivider shall file and record
the plat as specified in this section. Approval for recordation of
the final plat by the Director shall be conditioned on its prompt
recording and shall he null and void if the plat is not recorded
with the Bureau of Conveyances or the Land Court before land shall
be offered for sale, lease or rent in any subdivision.
Section 17. FIN~'~L APPROUI~,L OF IT"i'rtOVaY EiVTS Lt~D RI.LEASE OF SURETY
Upon completion of the improvements and utilities in such subdivision as
required by this Ordinance and certification thereof as provided by
Section 13, and after the subdivider shall have filed with the County
Department of Public Works, State Department. of Health and the County
Board of later Supply (if applicable) one (1) set of construction plans
as actually modified to meet construction requirements, the County
Department of Public orks, State Department of Health and the County
Board of 'dater Supply (if applicable) shall approve such performance
and thereupon discharge the subdivider and surety (in whole or in part
according to the terms of his agreement, if any) from the obligation of
any bonds and release to him any security posted by him, or authorize
and direct such discharge and release by the appropriate agency or
agencies.
Section 18. ISSUANCE OF BUILDING PYRP.~ITS FCR AN ERECTION OF BUILDINGS ON
UNACCEPTED STREET
No building permit s}ia11 be issued for any 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 private
street. that have been approved by the Director; or unless such street
corresponds in its location and lines with a street shown on a subdivision
map approved, or N.2th a street located or accepted by the Board of Super-
visors after submission to and approved by the Director, or in case of
disapproval by the Director, it; shall be located or accepted by the
affirmative vote of not less than five (5) out of seven ('7) of the
members of the Board o£ Supervisors; provided, however, that as 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 s
on satisfactory bond, with the amount and surety approved by the Chief
Engineer, scheduled within a reasonable time to be suitably improved to
the satisfaction o£ the Chief };ngineer, in accordance with specifications
approved by him substantially the same as those used by the County cr
required of other persons for comparable streets. No building shall be
erected in violation of this section.
Section 19. ISSUANCE OF PERIvffT PC_~ ID}STALLATI ON OF SERVICE UTILITIisS
The County Department of Public liorks shall not issue a permit to cut a
curb, tap a sewer line or install any lighting or sewer facilities and
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the County Eoard of 'eater Supply shall not issue a permit to tap a
water line or install any vvater facilities in the area covered by a
proposed subdivision until such subdivision has bean approved as
required by the provisions of this Ordinance
Section 20. COUNTY NO't TO Rc;CrSVE DEDICATION OF H1G}P.`AYS UNLESS COA~STRi'CTED
IN CONFORD~iITY ~dITH CRDINn1QC-;
The Board o£ Supervisors s}~a11 not tali: over; receive by dedication, or
otherwise, or do an, repair or construction ,cork upon streets or pave-
ments, ureter lines, street lighting syste,ns, sewer lines, or in any way
accept as public highways any street, avenue or alley, in any subdivision
hereafter opened or platted in the County or Hawaii, except upon full
compliance with the provisions cf this Crdinance~
Section 21. LARGE SC.~Lh DEVx.LOPPq;1TT
„xceptions from specific ccmpliances vrith tY,; provisions of this
Ordinance may be provi ded byy ~hc P~irector where a plan and program for a
omplete commun ty, <. neghbcihogn ur t a larg -s ale shopping center,
~ar e-xndustria~l area development, c z roe r~ricu~tural area develop-.
men provides adequate public spaces and improvements for the circulation,
recreation, light, aix• and service nerds of the tract when fully
developed and populated and covenants or other legal provisions are
provided as will assure conformity tc .;ud achievement of the plan.
Section 22. VA2II.!VCLS
Application £or a variance from provisions oi' this Ordinance by a
subdivider shall state the facts relied upon by the petitioner. Such
petition shall be filed with the pr~li_minary plat of the subdivision.
No variance shall be granted unleas the Commission finds the following
facts:
A. That there are special circumstances or conditions affecting said
property that are not common to all prope=°ty in the area.
B. .hat the variance is necessary for the praservatio:r and enjoyment of
a substantial property rig}a ~f tY.c; petitioner and extraordinary
hardship vaould result from strict ~ompiancc vvi-t}; the provisions of
this Ordinance because of the specie-: circumstances or conditions
affecting the property.
C. That the special circumstances or conditions affectin€; said property
is not the result of previous action of the app Li cant.
D. That the granting of the variance shall pct 'ce detrimental to the
public health, safety or welfare or injurious to other property in
the vicinity of said property.
Section 23. HEARINGS OF GRILVF,PdCLS BY THL CCD;iI`SSSIUN
The Commission shall hear the grievances of any subdivider aggrieved by
any decision of the Director-
Section 24. APPi;AL
A. Appeal may be r°,ade to the Board oi' Supervisors frcm any decision,
determination or requirement of the Commission by filing notice
thereof in writing in the office of the clerk of the County of Hawaii
within ten (10) days after such decision o: determination or require-
ment is made. .Such notice shall set forth in detail the action and
the grounds upon whicp, the subdivider deers himse_Lf aggrieved.
B. 'The Eoard of Supervisors, following 1;he Filinr of said appeal, shall
set a time within thirty (3C) days fcr a hearing oz. the appeal, and
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such hearings may, for good cause, be continued by order of the Board
of Supervisors. After the hearing, the Hoard of Supervisors may
approve, overrule or modify t•he decision, determination or requirement
appealed from and may enter any order or orders in harmony with the
spirit and purpose of these .regnlt~tions and such disposition of the
appeal shall be final. 'Phe hoard of Supervisors shall overrule or
modify any decisions of the Commission only by the affirmative vote
of at least five (5) out of seven (~) o:f its members.
Section 25. Ri~PLAL, CONFLICT !;ND ~IcISDITY
A. Ordinance No. 24 of the Revised Ordinances of the County of Iiawaii,
1960, as amended, is repealed upon the effective date of this
Ordinance.
B. All ordinances and parts of ordinances of the County of Hati~~ai.i in
conflict :rrith this Ordinance are to the extent of such conflict and
no further, hereby repealed.
C. If any provision of this Ordinance sha1:1 for any reason be held invalid
or unconstitutional by a court of competent jurisdiction, such
judgment shall not affect the; validity of tiie remaining portion.
Section 26. PRh~Sl'JR~T~TION OF RIGHTS f,i'n LIPRILITILS
The repeal shall not affect any act done, ratified or confirmed, or any
right accruing or accrued or established, or any action, suit or proceed-
ings had or commenced in any civil cause, prior to the repeal, and all
rights and liabilities undar any ordinance embraced in or repealed by
this Ordinance shall continue and may be enforced in the same; manner
and with the same effect as if Che repeal had not been made.
Section 27. PENALTIES FOR VIOL~TIOD'
Any person, firm or corporation, violating or failing to comply with the
provisions of this Grdinance, shall be punished by a fine not exceeding
five hundred dollars 0500.00). The continuance of any such violation
after conviction shall be deemed a new offense for each day of such
continuance.
Section 26. ENACTPiENT
This Ordinance shall take effect upon its approval.
INTRODUC'LD B}':
~ ~
_` /I~ j `;cal ~ ~ ~:~7
Senatorial
Supervisor, 1st. District
Hilo Hawaii
Date of Introduction:
Date of Adoption
August 17, 1966
December 21, 1966
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