HomeMy WebLinkAboutORD 1967-062COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. 62
AN ORDINANCE OF THE COUNTY OF HAWAII, STATE OF HAWAII, ESTABLISHING
PROCEDURES AND STANDARDS FOR THE PARTITIONING AND SUBDIVISION OF LAND
WITHIN THE COUNTY OF HAWAII, IN ACCORDANCE WITH THE PROVISIONS OF LAW
UNDER CHAPTER 144, SECTION 33, REVISED LAWS OF HAWAII, 1955; THESE
REGUTATIONS PRESCRIBE THE PROPER WIDTH AND ARRANGEMENT OF STREETS,
PROVISION FOR INSTALLATION OF PUBLIC UTILITIES AND PROVISION OF
ADEQUATE OPEN SPACE (FOR RECREATION AP]D COMMUCIITY FACILITIES),
SPECIFYING PROCEDURES FOR THE ADMINISTRATION AND ENFORCEMENT HEREOF;
AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
SE IT ORDAINID BY TBE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII:
Section 1. TITLE
This Ordinance shall be known as the Subdivision Ordinance.
Section 2.
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
portion thereof as the County may adopt, together with those "Ccmprehe:.sive
or 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:
1) ALLEY. A narrow street through e 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 oc
through large areas.
3) BUILDING ISNE. Aline on a plat indicating the limit beyond
which buildings or structures may not be erected.
k) BUREAU OF CONVEYANCES. A Bureau, a portion of the Department
of Land and Natural Resources, State of Hawaii, where subdivisions
meeting the requirements of this Ordinance may be filed.
rj) CHIEF ENGIP7EER. The Chief Engineer of the Department of Public
Works of the County of Hawaii.
6) CITY OF HILO. That portior_ of the district of South Hilo, County
of Hawaii, which is described as follows: Pounded an the South
by the district of Puna; bounded oz the West by the districts of
Hau and Plorth Hilo; on the Plorth by the ahupuaa of Paukaa in the
district of South Hilo; and on the Esst by the sea.
7) COMMISSION. The Planning Commission of the County of Hawaii.
8) COUNTY GnNERAL PLAN. 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) CUL-DF.-SAC. (Dead-end street) A street with only one end open
to traffic.
10) DIRECTOR. The Director of the Planning Commission.
11) DIRECTOR OF TAANSPGRTATION. The Director of the Department of
Transportation, State of Hawaii.
12) DISTRICT EI\IiINEER. The District Engineer of the Division of
Highways of the State Department of Transportation for the
County of Hawaii.
13) EASEMENT. A grant of the right to use a strip of land for
specific purposes.
14) EI~INEER. A person duly registered as a professional civil
engineer 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 CORNr'.R. 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.
17) 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.
18) IAT, THROUGH. A lot having frontage on two parallel or
approximately parallel streets other than alleys and access being
derived from either of the two streets.
19) 1~1ANAGER. The Manager of the Hoard of Water Supply of the County
of Hawaii.
20) PARKWAY. 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.
21) PEDESTRIAN YJAY. 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, partnership, 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 subdivider's plan of
subdivision is presented and which he submits for approval.
24) RLSnItVb STRIP. Anon-access reservation, placed under public
control with conditions approved by the Director, along rear
property lines of reverse frontage lots.
25) RIGHT-Or-WpY. The area between property boundary lines for use
as a street or as a drainage or utility easement.
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26) ROADIJAY. The portions of a street right-of-way developed for
vehicular traffic.
27) SANITARY EIe'GINEER. The Sanitary Engineer of the State Department
of Health for the County of Hawaii.
26) SIDEWALK. A surfaced walkway for 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, BUSINESS OR INDUSTRIAL. At~y 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) STREET, 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, 1~iARGINAL ACCESS. (Service road) A minor street, parallel
and adjacent to an arterial, providing access to abutting
properties, but protected from through traffic.
34) STREET, MINOR. 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 Director, 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, transfer 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. Casements for the purpose of road
and utilities shall not be construed as subdivided land.
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.
Section 4. SCOPE OF REGULATIONS
As authorized by Chapter 144, Section 33, Subsection g, Revised Laws of
Hawaii, 1955, as amended, and Section 4, Subsection B, Ordinance No.l~
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.
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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 Ordinance 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. PRELIMINARY PLAT
A. INITIAL STEPS. A subdivider may call at the Commission's office for
information regarding procedures and general information that may
have a direct influence on the proposed subdivision.
B. SUBMISSION. 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
" i,_submit_six__(b) eopie's7 or more if requested by the Director, of the
preliminary plat and other supplementary material to the Commission's
office.
All pertinent information on the preliminary plat shall be drawn to
scale.
Where 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
size and scale as stipulated in Section 343-13 of the Revised Laws of
Hawaii, 1955 or on a sheet size of eight and one-half (8 1/2) inches
by thirteen (13) inches. 4Jhen more than one (1) sheet is reauired, an
index sheet of the same size shall be filed to show the entire subdi-
vision on one (1) sheet, with block and lot numbers.
D. INFORMATION. Information required on the preliminary plat shall be
as follows:
1) GENERAL INFORMATION
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 property records of the State
Tax Office.
d. Names and addresses of the owner or owners, subdivider, engineer,
or surveyor who prepared the plat.
e. The approximate lot layout and the approximate dimension and
area of each lot.
f. Acreage of proposed subdivision and number of lots.
g. N title report issued by a licensed title company in the name
of the owner of the land, shoi+ing all parties whose consent
is necessary and their interests in the premises when required
by the Director.
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2) EXISTING CONDITIONS
a. Location, width and names 'of all existing or platted streets
or other public ways within or adjacent to the tract, together
with easements, other rights-of-way, and other important
features, such as corners, property boundary lines, and
control of access lines adjacent to State highways.
b. When required by the Director, contours at vertical intervals
of five (5) feet where the slope is greater than ten (10) per
cent. 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
Board of Y,'•ater Supply, Department of Health and County Public
4vorks 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 property, including location of all existing
structures, wells, cisterns,-private sewage disposal systems,
utilities, etc.
e. Zoning on and adjacent to the tract.
3) PROPOSED PLAN OF LAND PARTITIONING. 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, min;mi,m lot size and
proposed lot and block numbers.
d. Sites, if any, allocated for purposes other than single family
dwellings.
k) EXPLANATORY INFORPiATION. 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.
b. Proposed deed restrictions in outline form if any.
c. The approximate location within the subdivision and in the
adjoining streets and 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.
d. Statement re~,arding water system to be installed, including
source, quality and quantity of water.
e. Provisions for sewage disposal, drainage and flood control
which are proposed.
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f. _rcels of land proposed to be de~_cated to public use, and
the conditions of 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. FILIi~ FErS
Each application for a subdivision is subject to the payment of the
following fee: Fifteen dollars (~p15.00) plus three dollars ($3.00) per
lot noted on the initial preliminary plat or Cluster Plan Development
and for each additional lot resulting from any subsequent amendment of
the initial preliminary plat exclusively of arty lots set aside for
roadway or easement purposes or lands dedicated for public use.
The above prescribed, shall not apply to subdivision of land into burial
or crematory lots within the confines of duly-established cemetery areas
provided, however, that processing fee will be filed as follows:
One hundred dollars (iD100.00) per acre and proportionate fee for
fraction of acre thereof.
The payment of the filing See shall be made at the Commission's office and
payable to the Treasurer, County of Hawaii. This fee is not refundable.
Section 7. PRELIMINARY PLAT REV~W
Within 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 1ngineer 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 B. TENTATIVE APPROVAL OF PRELIMINARY PLAT
A. 1~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 Director's directive to prepare detailed drawings on the plat
submitted, provided there is no chan6e in the plan of subdivision as
shown on the preliminary plat and there is full compliance with all
requirements of this Ordinance. The action of the Director with
reference to any attached documents describing 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 fcrt;;-five (45) days after submission of the
preliminary plat, or such longer period as may have been agreed upon in
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writing, .,,ie preliminary plat shall be dee,,.ed 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 STANLARDS AND RFJ.tUTAI.MEIJTS OF SUBDIVISION
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, ~%ounty
Department of Public ldorks, State Department of Health, State
Department of Transportation, and County Board of Water Supply
requirements and the standards established by this Ordinance.
B. CREATION OF STREETS
1) The creation of streets shall be in compliance xith requirements
for 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 less.
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
(3) lots.
C. STREETS
1) GENc.RAL. The location, width and grade of all streets shall conform
to the County General Plan 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
to the proposed use of land to be served by such streets. Where
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 surrounding areas, or
b. Conform to a plan for the neighborhood which has been approved
or adopted by the Director to meet a particular situation
where topographical or other conditions make continuance or
conformance to existing streets impractical.
2) P1INLtilUNi RIGHT-OF-YJAY ANL PAVEriENT WIDTHS. Unless otherwise
indicated on the County General plan, the width of streets in
feet shall not be less than the minimums shown in the following
table:
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Minimum
Tune of Street Right-of-Way 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 24' (urban)
20' (rural)
20' (agriculture)
Minor Streets (Streets generally 50 20' (urban)
not exceeding 1,300 feet in 20' (rural)
length 20' (agriculture)
Cul-de-sac (Dead-end street) 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)
When sidewalks, curb and gutters are required, pavements in
collector streets in urban areas shall be thirty-six (36) feet
wide and pavements in minor and dead-end streets in urban areas
shall be thirty-two (32) feet wide.
3) RESER{1E STRIP. Reserve strips or street plugs controlling 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 w nditions approved by
the Director.
4) ALIGNMENT. 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 raith curves and diagonals, that jogs are not
less than one hundred fifty (150) feet 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 minimum of fifty (50) feet along to the beginning
or end of the curve. Although such reverse curves are not objection-
able in residential areas, they shall be avoided in commercial and
industrial districts.
5) FUTURE EXTENSION OF STREETS. Where necessary to give access or
permit a satisfactory Suture subdivision of adjoining land, streets
shall be extended to the boundary of the subdivision and the
resulting dead-end street:> may be approved without a turn-around.
Reserve strips and street plugs may be required to preserve the
objectives of street extensions.
b) INTERSECTION ANGELS. Streets shall be laid out to intersect at
anElcs as :car to right angles as practical except where topography
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requires a lesser angle, but in m case less than sixty (60) degrees
unless there is a special intersection design.
Intersections which are not at right angles shall have a minimum
corner radius of twenty-five (25) feat along the right-of-way lines
of the acute angle. All right-of-way lines at intersections shall
have a corner radius of not less than twenty (20) feet. If unusual
topographical conditions exist that will impair sight distances
and create a traffic hazard, the Chief Engineer may specify a larger
corner radius.
7) EXISTING STREETS. 1Jhen existing straets adjacent to or within a
tract are of inadequate width, additional right-of-way shall be
provided at the time of subdivision.
8) HALF STREETS. No 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 shown 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 platted within such tract. Reserve strips and
street plugs may be required to preserve the objectives of half
streets.
9) CUL-DE-SACS. (Dead-end streets) A cul-de-sac shall be as short
as possible and shall not be more than six hundred (600) feet in
length nor serve more than eighteen (18) lots, provided that longer
streets may be approved by the Director when unusual topographical
conditions exist. All cul-de-sacs shall terminate with a circular
turn-around of forty-five (45) feet z•adius, except that a T-turn
around or other suitable turn-around may be permitted, if in the
opinion of the Director, this type of turn-around meets the require-
ments of the situation.
10) STREET Nkh]F.S. No street names shall 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 tha established pattern in the County
and shall be subject to the approval of the Commission and adoption
of same by the Board of Supervisors.
ll) GRADES AND CURVES. Grades of all streets shall be a reasonable
minimum but in no case be less than one-half of one (0.5) per cent
and shall not exceed seven (~) per cent on major arterials, eight
(8) per cent secondary arterials, ten (10) per cent on collector
streets, or twelve (12) per cent on any other street. No grade
shall be less than one-half of one (0.5) per cent 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:
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 500 feet
Piinor Street 300 feed 300 feet
Cul-de-sac 100 feet 200 feet
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Variations from these grades or curves, may, however, be permitted
by the Director and the Chief i,ngineer where advisable to meet
topographical conditions; and the Chief Engineer may specify
additional standards accordingly.
12) MARGINAL ACCESS STREETS. (Service road) Where a subdivision abuts
or contains an existing or proposed arterial street, the Director
may require marginal 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. Alleys shall have a minimum 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. At street and alley
intersections, ten (10) feet radii shall be required.
1L,) PRIVATE STRr;ETS. No private streets, alleys or ways shall be approved
unless they are improved as specified under Section 10, "IMPROVEi~NT5
REQUIRED.°
D. BLOCIGS
1) GENERAL. 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 topo-
graphical 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 inter-
sections. The recommended minimum distance between intersections
on arterial streets is eighteen hundred (1,800) feet. Longer blocks
shall be used when possible.
The desired length for normal residential blocks is from eight
hundred (800) to one thousand (1,000) feet, When 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 (BCO) feet in length.
3 ) EASEN~NTs
a. Natural YJater Courses. hhere a subdivision is traversed by a
natural water course, drainage way, channel or stream, there
shall be provided a drainage easement or drainage right-ot-way
conforming substantially with the lines of such water course,
and such further width as will be adequate for the purpose.
Streets or parlnvays parallel to water courses may be required.
b, Pedestrian 'gays. In any block over seven hundred fifty (750)
feet in length, the Lirector may require creation of a
pedestrian way at or near the middle of the block. If unusual
Conditions require blocks longer than thirteen hundred (1,300)
feet, two (2) pedestrian ways may be required. Said pedestrian
way shall be dedicated for public use and shall have a minimum
width of ten (10) i'eet.
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E. LOTS
1) SIZE AND SHAPE, 1'he 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) MINIMUM LOT SIZES. The. minimum sizes of various types of lots
shall be in conformance with the provision of the Zoning Ordinance
and shall be adequate to provide for the off-street service and
parking facilities required by the type of use aril development
contemplated.
Where property will not be served by a public sewer, lot sizes for
sewage disposal systems shall conform to the requirements of the
State Health Department and shall take into consideration problems
of water supply and sewage disposal.
3) ACCESS. Each and every subdivided lot shall abut upon a public
street or approved private street, No lots shall be platted without
access on a street. The Director may indicate the side or sides of
any lots from which driveway access shall be permitted or prohibited.
4) LOT SIDE LINES. 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 ttao streets known as through streets shall be avoided
except where essential to provide separation of residential develop-
ment from major traffic arteries or adjacent non-residential
activities, or to overcome specific disadvantages of topography or
orientation.
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A planting screen easement of at least ten (10) feet, across which
there shall be no right of access, may be required along lot lines
abutting such a traffic artery or other disadvantageous use. A
through lot with planting screens shall have a minimum average
depth of one hundred twenty-five (125) feet.
6) SUTTABLE FOR IPJTENDED USn. All lots shall. be suitable for the
purposes for which they are intended to be sold and no dangerous
areas subject to periodic inundation in such a manner as to
endanger the health or safety of the occupants thereof, may be
subdivided for residential purposes.
F. LARGE LOT SUBDIVISION
In subdividing tracts into large lots which at some future time are
likely to be resubdivided, the Director may require that the blocks
shall be of such size snd shape, be so divided into lots and contain
each building site restrictions as will provide for extension and
opening of streets at intervals which will permit a subsequent division
of arp~ parcel into Iota of smaller size.
G. BUIIDING LINES
If special building setback lines at variance with the provisions of
the 'Loring Ordinance are established in a subdivision, they shall 6e
shown on the subdivision plat or included in the deed restrictions.
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H. NiONUM~NTS
Monuments approved by the Chief Engineer shall be placed and properly
coordinated with the State survey triangulation stations at all angle
points or points of curvature in streets and at such intermediate points
as shall be required by the Chief Engineer. All lot and block corners
shall be properly established and marked with one-half (1/2) inch round
galvanized pipe or equal and firmly and permanently set in the @round.
I. IACATION OF UTILSTIES
In general, all utilities shall be located within the street width, and
government owned water mains shall be located in the paved areas,
except that water mains of a suburban water system may be located as
designated in the area between the edge of pavement and the property
line when approved by the Chief Engineer and A.anager. 1~here practicable,
sewer mains shall be located in the paved area between curbs.
On State highways, all utilities shall be located in the area between
the edge of pavement and the property line, Where practicable, a
minimum distance of six (6) feet shall be maintained between the edge
of pavement and the location of the utilities. Utilities may be permit-
ted to cross the highway on a line normal to the centerline of the high-
way. Under certain conditions the utility may be permitted to deviate
from the normal line 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 Manager, the
most suitable and reasonable location for arty of the utilities, such
as sewers, storm drains, water and gas pipes, electric and telephone
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 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 for 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 width and centered on
rear or side lot lines except for guy-wire tie-back easements; which
shall be three (3) feet wide by twenty (20) feet long along lot lines
at change of direction points of easements, except that this width may
be modified where the Chief Engineer or the County Board of Water Supply,
whichever is appropriate, finds that a greater or lesser width is
necessary or satisfactory for the purpose of the use of the area. Ease-
ments or rights-of-way for all government owned utilities including
storm drains except those under the jurisdiction of the County Board of
[cater Supply shall be conveyed to the County of Hawaii and documents
shall be delivered to the Board of Supervisors for acceptance. Easements
or rights-of-way for water facilities which are under the jurisdiction
of the County Board of Plater Supply and the documents shall be delivered
to the Board of Supervisors for acceptance.
J. PARISS, F,AYGROL'^IaS, SCHOOLS, ETC.
The subdivider of a parcel of land capable of supporting two hundred
(200) dwelling units shall reserve suitable areas for parks, playgrounds,
schools, and other public building sites that will be required for the
use oi' its residents. Five (5) to ten (10) per cent of the land area,
exclusive of streets, shall be reserved for recreational and public use,
for a period of two (2) years for acquisition by a public agency. Out-
standinC natural or cultural features such as scenic spots; water courses,
fine groves oi' trees, heiaus, historical sites and structures shall be
preserved.
- 12 -
~S. SPECIAL PROVISIONS FCR CEiyLTLRILS ANU CRE2~ATORIUMS
The requirements and standards of subdivisions above set forth in this
Ordinance shall not be applicable to cemeteries and crematoriums,
provided, however, that the use of land for cemeteries or crematoriums
shall comply with zoning requirements and Ordinance No. 362 pertaining
to the establishment of cemeteries in the County.
Section 10. IMPROVEMENTS RFI2UIRED
A. WATER SUPPLY. Any subdivision hereafter to be laid out within the
County of Hawaii shall be provided with water as follows:
1) Any subdivision shall provide a water system meeting the m;n;m~p
requirements of the County Board of Water Supply.
2) Water mains and fire hydrants shall be installed to and within the
subdivision in accordance with the rules and regulations of the
County Board of Water Supply, enacted in conformity with Part VIII,
Chapter 146, Revised Laws of Hawaii 1955, and all amendments thereto.
B. SEWAGE DISPOSAL
1) In any subdivision hereafter to be laid out within the proximity
of an existing public sewer system, sewer lines shall be installed
where the subdivision is within three hundred (300) lineal feet
of the existing sewer system. These lines shall conform to the
minimum requirements of the County Department of Public Works.
2) In subdivisions where sewer connections cannot be made to an
existing sewer system under the reouirements of this Ordinance,
the subdivider shall meet the minimum requirements of the State
Health Department relating to sewage disposal.
C. PAVEMENT OF DEDICABLb STRcETS. The subdivider shall grade, drain and
surface all streets hereafter constructed within the County of Hawaii
as shown on his plat, except reserved dedication for future street
purposes, so as to provide access for vehicular traffic to each lot
of the subdivision. All streets shall be constructed in accordance
with the specifications hereinafter set forth and those on file with
the County Department of Public 4~orks and shall be installed under the
supervision of the Chief engineer and to permanent grades approved by
him. All streets shall have sufficient thickness of pavement and/or
compacted base course and sub-base r:.aterial to support axle and vrheel
loads permitted under Section 311 ''0, Revised Laws of Hawaii, 1955 and
all amendments thereto; and in no case shall the streets be less
substantial thar, the following minimum dedicable standards of the
County of Hawaii.
1) Streets serving areas zoned for lots seventy-five hundred (7,500)
square feet to and including one (1) acre, shall have a six (b)
inch minimum select borrow sub-base course, a base course of four
(4) inches of compacted crusher run base with filler and a pavement
of two (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 urban standard
as set forth under Section 9, C, 2).
2) Streets serving areas zoned £or lots of over one (1) acre and up
to and including three (3) acres, shall have a six (b) inch minimum
select borrow sub--base course, a base course of Sour (4) inches of
compacted crusher run base and a pavement of two (2) inches of
asphaltic concrete or two ar~d one-half (2-1/2) inches of asphaltic
macadam, applied in three (3) separate applications. Favement width
shall conform to the rural standard as set forth under Section 9,
C, 2).
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D. STANDARD OF PAVEMENT FOR NON-DLDiCABLE STREETS
1) Streets serving areas zoned for lots of three (3) acres and over
shall have a six (6) inch minimum fine select borrow base course
with surface treatment acceptable to the Chief Engineer and
Director. Preparation of the surface, application of surface and
equipment used shall conform to standards adopted by the County
Department of P.iblic forks, subject to the condition that portions
or roadways where grades are eight (8) per cent or greater shall
be built to paved requirements of this Ordinance. Pavement widths
shall conform to the agricultural standards as set forth under
Section 9, C, 2). Where subdivision streets connect with a State
highway, the standards of the pavement within the State highway
right-of-way shall conform to standards adopted by the State Depart-
ment of Transportation. A maintenance escrow fund when required by
the Director shall be established by the developers with a escrow
depository approved by the Director prior to final approval for
recordation. Said fund shall be reviewed by the County Attorney and
approved by the Director.
2) Private dead-end streets may be established upon approval of the
Director. These streets shall provide access to six (6) lots or
less conforming to the minimum area requirements set forth in the
Zoning Ordinance and shall be restricted only to residential lots
and those agricultural lots zoned for less than three (3) acres.
The following shall be the m;n;rm~m pavement width and right-of-way:
Road Access Pavement Right-of-4Jay
1 lot 8 feet 12 feet
2 lots 12 feet lb_feet
3 lots 14 feet 16 feet
4 to 6 lots 16 feet 20 feet
The private streets shall be constructed in conformance with
standards on file at the County Department of Public Works.
E. SIDEWALKS. For the safety of pedestrians and of children at play,
sidewalks on both sides of the street may be required.
The Director shall have the authority to recommend and the Board of
Supervisors may, when in its judgment a necessity exists for such
improvements, require the construction of sidewalks which shall be
constructed in accordance with specifications of the County Department
of Public Ylorks.
F. PEDESTRIAN 1~AYS. A four (4) 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
three-fourth (3/l,) inch screen.
G. CURBS AND GUTTERS. The Director shall have the authority to recommend
and the Board of Supervisors may, when in its judgment a necessity
exists for such improvements, require the construction of curbs and
gutters which shall be constructed ir. accordance with specifications
of the County Department of Public Works.
H. LAND SURFAC'r, DRASNAGE. 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. STREET LIGH'PS. Street ligY~ts shall be constructed within the subdi-
vision. Tt~c street lights shall coni'orm to t}ie standard specifications
on file with the County Department of Public Works. The construction
of street lights shall be wade a part of the contract for subdivision
improvement and installed coincident with other required improvements.
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J. STREET NAME AND TRAFFIC SIGNS. Street name signs showing the names of
intersecting streets shall be erected by the subdivider at each street
intersection. 9'he type and location oi' street name and traffic signs
which shall be created by the subdivider shall be subject to the
approval of the Chief Engineer and shall conform to the standard
specifications on file at the County Department of Public laorks.
K. ZONING RESTRICTIONS. The Director shall disapprove a preliminary plat
or a subdivision map where the subdivider has failed to comply with
the provisions of the Zoning Ordinance.
L. RIGHT-OF-I~AY ITiPROVEb~NTS. The subdivider shall be required to improve
the entire street right-of-way. The improvements shall conform to the
standard specifications on file with the County Department of Public
Works.
Section 11. CONSTRUCTION PLANS
A. After the subdivider has secured tentative approval of his preliminary
plat of the subdivision from the Director, and before beginning
construction of the improvements therein, the subdivider shall prepare
and submit to the Director construction plans and specifications showing
details of road construction, drainage structures, sewers, water mains
and all other utilities proposed to be installed in the proposed subdi-
vision. The construction plans shall be drawn on acceptable tracing
medium to County standards as to size and general drafting practice.
Included with 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 and other utility lines. Plans
shall be prepared by an engineer registered under the laws of Hawaii;
provided that, 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 Director for examination and submission to
the Chief Engineer, the N,aaager, the Sanitary Engineer and the District
Engineer as required under Section 7., for their respective consideration
and approval. Such construction plans and specifications shall be
considered approved for construction purposes when the construction
plan tracings and specifications bear the approval of the Chief Engineer,
the N~anager, the Sanitary Engineer, the District Engineer and the
Director as required under Section ~.
Section 12. COi'.PLETION OF Il°iPROVEi~i`c,NT RECUIHF,NiENTS FOH FINAL PLAT APPROVAL -
BOPIDING
A. CONSTRUCTION PRIOR TG FINAL APPROVAL
When the construction drawings and specifications bear the approval of
the Director, the Chief Engineer, the rianager, the Sanitary Engineer
and the District Engineer as required under Section 11, the subdivider
may proceed with the construction of the improvements and utilities and
after completion of the same in accordance with the requirements of
this Ordinance, the Director shall grant approval for recordation of his
final plat. lvhere construction extends into the State highway right-of-
way, the contractor shall obtain a permit from the District Engineer
prior to commencement of work within the State right-of-way. In this .
ca~+o no bond or'security-need be postad with tke County Department of
Public 'S.orks nnd~or the County board of Y;eter'Supp],v.
- 15 -
H. BOND AND FINAL APPROVAL PRIOR TO CONSTRUCTION
A subdivider may secure final approval prior to completion of
construction by entering into an agreement with the County, signed by
the Director and the County Department of Public Works and/or County
Board of Water Supply wherein the subdivider agrees to make, install
and complete all required improvementa within a specified time and file
with the County Department of Public e,orks and/or the County Board of
Water Supply a surety bond or other security as hereinafter specified,
to assure the County Department of Public Works and/or the County Board
of Water Supply the actual construction and installation of the improve-
ments and utilities shown 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 subdi-
vider may then proceed to record the final plat and sell the lots or
transfer any interest therein prior to completion of said improvements.
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 agree-
ment specify that the subdivider ahall complete all improvements
and utilitiea to the satisfaction of the Chief Engineer and/or the
County Board of Water Supply, and shall provide that if the subdi-
vider 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 upon a reversion of the subdivision
or part thereof to its original acreage, the County Department of
Public Works and/or the County Board of Water Supply may complete the
same and recover the full cost and expense thereof from the subdivider.
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 work required to be done by the subdivider as
estimated by the Chief Engineer and the Manager, if the subdivision
is within the scope of the County Board of 1Jater Supply require-
ments. Said surety bond shall be payable to the County of Hawaii
and also to the County Board of Water Supply if the subdivision is
within the scope of the County Hoard of Water Supply requirements
and shall be conditioned upon the faithful performance of any and
all work required to be done by the subdivider.
Said security shall be filed with the Director and deposited with
the County Treasurer as a realization in whole or part for the
completion, correction of any defective work or improper work called
for in the original plan.
Section 13. INSPL•CTIOi1 AND CF,HTIFICATION
A. The Chief Engineer shall inspect the construction of improvements and
installation of faoilities and utilities and other work in any subdi-
vision. The Manager shall inspect all construction and improvements
relating to water systems.
B. Prior to the beginnin@ of construction of the required improvements or
prior to final approval of a subdivision map, when a suitable bond is
posted, the applicant shall be required to pay a fee of two-tenths of
o.he (0.2) per cent of the estimated cost of the construction work to
be done in the subdivision but not less than twenty-five dollars 025.00)
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 with the County
Treasurer.
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~:.
C. Before starting any construction work, the subdivider shall give
written notice at least one (1) week in advance to the Chief Engineer
and/or P:anager (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 1.orks and/or the County
Board of Water Supply (if construction imrolves a water supply system).
During construction of improvements and installation of facilities and
utilities and the carrying on of other work in any subdivision, the
work shall at all times be subject to inspection by the Chief Engineer
and/or Manager, 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 writing to be complete and of acceptable standards by the
Chief Engineer and/or Manager.
Construction within the State highway right-of-way shall be subject to
inspection by the District Engineer or his representative.
Section 14. FINAL PLAT
A. TIME LIMIT. The final plat shall be prepared and completed within one
(1) year following the tentative 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. Time
extension, for good cause may be granted as provided under Section 15•
B. DRAFTI;~ OF FINAL PLAT. In preparing the final plat, all engineering
and surveying work shall be made by or under the supervision of an
engineer and/or surveyor, respectively.
If the final plat, following approval by the Director, is to be filed
with the Land Court for recordation, it shall comply with all require-
ments specified under the rules of the Land Court for Lard Court subdi-
visions. The scales and sheet sizes utilized on this drawing shall be
the same as required under Section 5., C., of this Ordinance, and
dedication or other written material shall be submitted on supplemental
sheets.
C. INFORMATION REQUIRED ON FINAL PLAT. The following 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 atly State
statute or County ordinance.
1) Date, northpoint and scale of drawing.
2) Legal description of the tract boundaries.
3) Name and address of the owner or owners, subdivider, engineer, or
surveyor who prepared the plat.
4) Approved street names on dedicable streets.
5) Reference pints of existing surveys identified, related to the
plat by distances and azimuths, and reference to afield book or
map as follows:
a. All stakes, monuments or other evidence found on the ground
and used to determine the boundaries of the subdivision.
b. Adjoining. corners of all adjoining subdivisions.
c. How~dary line= and grants within and adjacent t.o the plat.
-17-
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. All 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-of-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.
g. The width of the portion of streets being dedicated, the width
of any existing right-of-way and the widths each side of the
center line. For streets and curvature, all curve data shall
be based on the street center line and, in addition to center
line dimensions, shall indicate thereon the central angle.
h. All easements denoted by Sine broken lines, clearly identified
and if already on record, its recorded reference; if any ease-
ment 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 with 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 and block identification shall be according to good engineer-
ing practices.
j. Land parcels to be dedicated for any purpose, public or private,
to be distinguished from lots intended for sale and their use
indicated.
k. TSin;m„m building setback lines, where .not otherwise fixed by a
building code or County ordinance.
1. 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 recording of the plat
when required by the Director.
2. A certificate signed and acknowledged as above, when
dedicating all parcels of land shown on the final map and
intended for any public use except those parcels which
are intended for the exclusive use of the lot owners in
the subdivision, their licensees, visitors, tenants and
servants.
3. A certificate with 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 of access line.
m. All writing, including signatures on the final plat shall be
made in black India ink.
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D. SUPPLEMENTAL INFORMATION ~~ITH FINAL PLAT. The following data shall be
submitted with the final plat:
1) A complete 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) Five (5) copies of any deed restrictions applicable to the subdi-
vision.
3) Written proof that all taxes and assessments on the tract are paid
to date.
E. SUBDIVISION NOT INVOLVING STREETS, DRAINS AND/OR UTILITIES
In case a subdivision which involves no streets, drains or utilities,
the preliminary plat may be approved by the Director for recordation
provided the preliminary plat meets all of the requirements of a final
plat.
Section 15• FILING OF FINAL PLAT
luithin 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 (6) copies of
the final plat, prepared 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 final plat, provided that the subdivider has made an
application in writing to the Director for such purpose at least forty-five
(45) days 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 REVIEW, ACTION ON FINAL PLAT, AND FILLNG OF PLAT
A. TECHNICAL REVIEW. Within 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, Manager, Sanitary Engineer and
District Engineer for review of said final plat with the Director.
Final plat shall be examined as to whether it is substantially similar
to the approved preliminary plat, that the plat is technically correct,
as well as to verify the information on the final plat 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.
B. ACTION O1J FINAL PLAT. When all 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. If the Director
disapproves said plat, the ground or grounds of disapproval shall be
filed in the records of the Commission's office. No plat shall be
disapproved by the Director without affording the s~:bdivider a hearing
thereon.
Upon final approval, the Director shall stamp three (3) copies of the
final plat:
"SUBDIVISION NUMHtiR APPROVED FOit RL•COftDATION
1iITH TIC BUitEAU OF COfJULYANCE5, STATL• OF HAWAII"
-19-
and such approval shall bear the signature of the Director. 9'he
Commission's office shall then retain one (1) copy of the final plat,
forward one (1) copy of the final plat to the Hilo Tax Office, and
one (1) copy of the final plat to the subdivider. The approval of the
final plat by the Director shall not be deemed to constitute or effect
an acceptance by the County of the dedication of arty street or other
easement or way shown on the plat.
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 subdi-
vision, 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 responsibility 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 Director.
C. FILING CF FINAL PLAT. After the Director grants approval for recordation
of the final plat, the subdivider may file and record the plat.
Section 17. FINAL APPROVAL OF IMPROVEMENTS AND REIEJtSE 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 iuorks, State Department of Health and the County
Board of YJater Supply (if applicable) one (1) set of construction plans
as actually modified to meet construction requirements, the County Depart-
ment of Public Works, State Department of Health and the County Board of
Water 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 PERhIITS FOR AN ERECTION OF BUILDINGS ON
UNACCEPTED STREET
No building permit shall 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 has 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 with 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 Hoard of 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 approved on
satisfactcry bond, with the amount and surety approved by the Chief Engineer,
scheduled within a reasonable time to be suitably improved to the satis-
faction of the Chief engineer, in accordance with specificatior[sapproved by
him substantially the same as Those used by the County or required of other
persons for comparable streets. No building shall be erected in violation
of this section.
20
Section 19. ISSUANCE OF PERMIT FOR INSTALLATION OF SERVICE UTILITIES
The County Department of Public Worka shall not issue a permit to cut a
curb, tap a sewer line or install any lighting or sewer facilities and
the County Board of Water Supply shall not issue a permit to tap a water
line or install any water facilities in the area covered by a proposed
subdivision until such subdivision has been approved as required by the
prowl siona of this Ordinance.
Section 20. COUNTY NOT TU RECEIVE DEDICATION OF HIGHWAYS UNLESS
IN CONFORMITY WITH ORDINANCE
The Board of Supervisora 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 lines, or in any way accept
as public highways any street, avenue or alley, in any subdivision here-
after opened or platted in the County of Hawaii, except upon full compliance
with the provisions of this Ordinance.
Section 21. LARGE SCALE DEVELOPMENT
Exceptions from specific compliances with the provisions of this Ordinance
may be provided by the Director where a plan Rnd program for a complete
community, a neighborhood unit, a large-scale shopping center, large
industrial area development, or large agricultural area development provides
adequate public spaces and improvements for the circulation, recreation,
light, air and service needs of the tract when fully developed and populated
and covenants or other legal provisions are provided as will assure con-
formity to and achievement of the plan.
Section 22. VARIANCES
Application for a variance from provisions of this Ordinance by a subdivider
shall state the facts relied upon by the petitioner. Such petition shall
be filed with the preliminary plat of the subdivision. No variance shall
be granted unless the Commission finds the following facts:
A. That there are special circumstances or conditions affecting said
property that are not common to all property in the area.
B. That the variance is necessary for the preservation and enjoyment of
a substantial property right of the petitioner and extraordinary hard-
ship would result from strict compliance with the provisions of this
Ordinance because of the special circumstances or conditions affecting
the property.
C. That the special circumstances or conditions affecting said property
is not the result of previous action of the applicant.
D. That the granting of the variance shall not be detrimental to the
public health, safety or welfare or injurious to other property in
the vicinity of said property.
Section 23. HEARII~S OF GRIEVANCES BY THE CONnKISSION
The Commission shall hear the grievances of any subdivider aggrieved by
any decision of the Director.
Section 2k. APPEAL
A. Appeal may be 'made to the Board of Supervisors from at~y 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 or determination or requirement is
made. Such notice shall set forth in detail Lhe action and the gswu-c-r
upon which the subdivider deems himself aggrieved. '
- 21 -
B. The Board of Supervisors, following the filing of said appeal, shall
set a time within thirty (30) days for a hearing on the appeal, and
such hearings may, for good cause, be continued by order of the Board
of Supervisors. After the hearing, the Board of Supervisors may
approve, overrule or modify the decision, determination or requirement
appealed from and may enter any order or orders in harmony with the
spirit and purpose of these regulations and such disposition of the
oppeal shall be final. The Board of Supervisors shall overrule or
modify any decisions of the Commission only by the affirmative vote
of at least five (5) out of seven (7) of its members.
• Section 25. PENALTIES FOR VIOLATION
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.
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