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Home My WebLink AboutORD 1967-053M~ ~, ~"° e ~ i' ~ ~~ t~+ n, y COUNTY OF HAWAII - STATE OF HAUVAII ORDINANCE N0. ~_ AN ORDINANCE REGULATING THE CONSTRUCTION OF DRIVE6~IAY APPROACHES IN THE COUNTY OF HA6VAII; PROVIDING PENALTIES FOR THE: VIOLATION THEREGF. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THF: COUNTY OF HA'r~iAII, SECTION 1. Definitions. For the purpose of this ordinance, the following definitions shall apply to these words: A. Driveway. A place in private or public property for the operation of automobiles and other vehicles. B. Drivevday approach. An area, constructicn, or facility 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 approach must provide access to something definite on private or public property, such as a parking area, a driveway, or a door at least 7 feet wide, intended and used for the entrance of vehicles. C. Curb parking space. A space approximately 22 feet in length and 7 feet 6 inches in width where an automobile or other vehicle can park. D. Abandoned driveway approach. A driveway approach shall be considered abandoned when its use has been discontinued and it does not provide access to something definite ors private or public property, such as a parking area, a driveway, or a door at least 7 feet wide, intended and used for the entrance o=' vehicles. SECTION 2. Permit Required. It shall be unlawful for any person, firm or corporation to construct a driveway approach across any government right of ~,vay, public sidewalk, or cut any curb for such purpose without first havinc, obtained a permit therefor from the Chief Engineer of the Department of Public l!lorks, or his authorized representative. SECTION 3. Application and Fees. Application for such permit shall be made to the Chief Engineer and shall stage, among other things, 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 shall issue a pc,~rmit therefor. The fee for the permit, hereinabove mentioned, shall be the sum of $7.50 which shalt be payable by the applicant at the time of the receipt of the said permit. SECTION 4. Standards for Driveway Approaches. A. Maximum Width. !Jo drop driveway shall exceed 36 feet in width. Two driveways with the maximum width will be permitted only if the street frontage for an interior lot is 106 feet or over or the street frontage for a corner lot measured from the point: of curvature and/or tangency of the curb curve line of the intersecting streets to the adjacent lot boundary line is 119 feet or over. The cumulative width of driveway approaches along any street frontage shall not exceed 40 per centum of the street frontage, or 36 C)ri. Ito. S-3 Ffla No. K. A xo. feet where onl•,~ one driveway is :3liowed, cr 72 feet where two drive- ways are allowed, whichever is larger. driveway width snail be measured at the outer or street edge of the driveway approac}~~, B, Locat:ior;. ~Ni,ere more '.han one driveway approach on a street front serves a 1oi, there shat 1. be at least 30 feet between the driveway approach~,s. C. 'ocation of drivevay_approach at intersections. At street intersections, where ?0-foot radius cures are provided, no driveway approach shall be constructed al.~nc, the curb curve line within 5 feet from the pointr.s of cur~,ature and; or tangency. Where, however, the radius curves at street ntersec:ticns ar.e 30 feet. or more, driveway approaches may be constructed frorn the point of curvature and/or tangency. D. Distance between driveway approach and property line. No portion of a driveway approach shall be constructed closer than 2 feet to the extension of any property line dividing 2 lots except where the property frontage is less than 20 feet, in which case the flared portion may extend beyond the property line extension. E. Street structures. No driveway approach shall interfere with municipal facilities, such as street-ligh±ing poles, traffic- signal standards, signs, catch-basins, hydrants, crosswalks, bus- loading zones, utility poles, fire-alarm supports, underground pipes or ducts, or other necessary street structures. If a proposed driveway approach interferes with an existing street structure, the abutting property owner shall bear the expense of removing, reconstructing, or relocating said structure. Ho~.vever, if a proposed street structure interferes with an existing driveway approach, the County of Hawaii or the specific agency shall beau the expense of removing, reconstructing, or relocating said driveway approach and pay all damages accruing from such changes. F. Culverts. No drivev~~ay approach shall interfe-re with the proper run-o3'~ oT' surface v~aters into, or the passage of water through existing drainage dit;;hes, ~~~.~aterccurses, defiles or depressions, !Where in ehe construction of a driv~_-way approach, the proper run-off ^~ <urface waters and other waters require the construction of a culver+. o.r ruiveIC.s beneath or adjacent to the driveway approach, such culvert or culverts shall be built in conformity to the plans Und specifications recommfanded by the Chief Engineer. SECTION 5 Referral_of Building Plans. A11. plans submitted to the Bureau of Bu%iding construction and Inspection for approval, which include or invol~.~e unusual driveway approaches or problems, or which include or invcl,re the ir~y.ress or egress to and from the government right of i•ay, publi: highway, street or sidewalk, shall be referred :ay the said Bureau of i3r,ilding Construction and Inspection to the Chief: Engineer for his approval. SECTION 6. Reconstruction of abandoned drivewa a roach. Any abandoned driveway approach on any street with a curbing s a be reconstructed by the owner into a sidewalk within 6 months o£ August 20, 1955. Any driveway approach abandoned after August 20, 1956, shall be reconstr^.~cter by the owner withir: F; months after its abandonment. _. ~, _. SECTION 7. Construction Specifications. All sidewalks and driveway approaches constructed under this ordinance shall be in accordance with standard drawings on file in the office of the Chief Engineer, Department of Public [forks. SECTION B. Vari-ance. Unusual conditions. The Board of Supervisors of the County of Haoaaii may, by resolution, grant variances from the strict application of the provisions of this ordinance, provided it first determines, after consultation with the Hawaii County Planning Commission, that the following conditions are present: A. The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city, considering the. nature of the business of the applicant. B. That the exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare. C. That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. D. That the strict application of the terms o:P this ordinance will work unnecessary hardship and practical difficulty on the property owner or tenant. SECTION 9. Indemnification of Count-/. The holder of a permit as required by Section 2 shall indemnify and save harmless the County of Havaaii, its officers and agents from all claims, demands, suits, actions or proceedings of every name, character and description which may be brought against the County for or on account of any injuries or damage.? to any person or property received or sustained by any person by or in consequence of any act: or acts of the holder of said permit on work done under the permit. The holder of a permit while constructing a driveway approach or reconstructing an abandoned driveway approach into a sidewalk shall use every precaution as to barricades, lights and watchmen for the safety of the public; and upon completion of said construction or reconstruc±ion, the permit holder shall restore the government right of way, public highway, street, sidewalk or curb in as good a condition as it was when the permit was issued, and that no debris, lumber, materials or ecfiipment of any kind shall be left on such driveway approach, high~aay, government right of way, public street, sidewalk or curb so as to constitute or contribute to the creation of a pedestrian or motor vehicular hazard, and the said holder shall be liable for accidents, should any occur. SECTION 10. Penalties. !'any person violating any of the provisions of this ordinance, o.r causing, permitting, or suffering the same to be done, or any person who shall have obtained a permit pursuant to this ordinance fails to construct the driveway approach or cut the curb according to the standards, and plans and specifi- cations recommended by the Chief Engir.ecr as set forth in Section 4 of this ordinance, sha].1. be guilty of misdemeanor and upon conviction shall be fined nat more than One Hundred Dollars for the violation of Section 2 of this ordinance, and/or not more than Twenty-Five Dollars for every tw,nty-four hours that any other violation or default shall conii.nue, and the said Chief Engineer may, after 30-day notit,e to the said violator or defaulter, -3- reconstruct the said driveozay approach or cut in the curb, or any other variation from the standards, and plans and specifications set forth in this ordinance, all at the expense of such person, and such person shall be liable for such cost in addition to the penalty of delay. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an apprcval of, any violation of this ordinance. S~CTIOPI 11. Severabilitv. If any section or part thereof of this ordinance shall be held illegal, unconstitutional, or void, this shall not be construed to render void any other provision or requirement of this ordinance. -4-