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HomeMy WebLinkAboutORD 1975-129BILL NO. 6 (Amended-~~ COUNTY OF HAWAII _ STATE OF HAWAII ORDINANCE N0. ~9 AN ORDINANCE AMENDING THE HAWAII COUNTY CODE, AS AMENDED, BY ADD- ING A NEW CHAPTER RELATING TO DEDICATION OF LAND FOR PARKS AND PLAY- GROUNDS OR THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITION PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. STATUTORY AUTHORITY AND PURPOSE. This ordinance is enacted pursuant to Section 46-6, HRS, as amended, to require a subdivider to provide sites for parks and playgrounds in subdivisions as a condition precedent to final approval of a subdivision. SECTION 2. AMENDMENT. The Hawaii County Code, as amended, is hereby further amended by adding thereto the following: "CHAPTER 17 PARK DEDICATION CODE ARTICLE 1 General Provisions "Sec. 1. TITLE. This chapter m<iy be cited as the Park Dedication Code. "Sec. 2. DEFINITIONS. For the purpose of this ordinance, certain terms used herein shall be defined as follows: "Sec. 2.01. 'APPROVAL' means the final approval granted to a proposed subdivision where the actual division of land into smaller parcels is sought, provided that, where construction of a building or buildings is proposed without further subdividing an existing parcel of land, the term 'approval' shall refer to the issuance of the building permit. "Sec. 2.05. 'DWELLING UNIT' means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen. "Sec. 2.10. 'FAIR MARKET VALUE' means the highest price esti- mated in terms of money which a property will bring if exposed for sale in the open market allowing a reasonable time to find a pur- chaser who buys witYi knowledge of all the uses to which it is adapted and for which it is capable of being used. "Sec. 2.15. 'HOTEL' means a building containing sleeping acco- mmodations in six or more rooms for use of persons, on a commercial basis whether such establishment is called a hotel, inn, motel, motor hotel, motor lodge or otherwise, which rooms do not consti- tute dwelling units.. "Sec. 2.20. 'LODGING UNIT' means a room or rooms connected together, constituting an independent housekeeping unit for a family which does not contain any kitchen. "Sec. 2.25. 'PARKS AND PLAYGROUNDS' means areas and/or facili- ties used for active or passive recreational pursuits. "Sec. 2.30. 'SUBDIVIDER' means any person who divides land as specified under t:he definition of subdivision or who constructs a building or group of buildings containing or divided into two or more dwelling units or lodging units. "Sec. 2.35. 'SUBDIVISION' means the division of improved or unimproved land into two or more lots, parcels, sites, or other divisions of land and for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to, or interest in, any or all such lots, parcels, sites, or division of land. The term includes resubdivision, and when appropriate to the context, shall relate to the land subdivided. The term also includes a building or group of buildings, other than hotel, containing or divided into two or more dwelling units or lodging units. "Sec. 2.40. 'DIRECTOR' means the Planning Director of the Coun- ty of Hawaii. "Sec. 2.45. 'PROVIDE LAND IN PERPETUITY' means the conveyance of land, improvements, easements, streets and facilities, or any interest therein, to the County for a definite use and purpose, which shall be a perpetual and everlasting easement or dedication in fee simple title or ownership. - 2 - "Sec. 2.50. 'COUNTY' means the County of Hawaii. "Sec. 3. SUBDIVIDERS SHALL PROVIDE PARK AND PLAYGROUND FACI- LITIES. Every subdivider, prior to approval of a subdivision by the Director, shall dedicate or provide in perpetuity a portion of such land, pay a fee, or a combination of dedicating or providing in perpetuity and payment of a fee, as set forth in this chapter for the purpose of providing park and playground facilities for the occupants or purchasers of lots or units in the subdivision. ARTICLE 2 Administration "Sec. 1. APPLICATION. A. The provisions of this chapter shall apply to all subdivi- sions except: 1. Subdivisions of land for which tentative approval has been granted prior to the effective date of this chapter, pro- vided that the requirements by monetary payments in lieu of land dedication and improvements shall be required; 2. Public utility or public rights-of-way subdivisions; 3. Industrial and commercial use subdivisions; 4. Subdivisions of land for the purpose of consolidating two or more lots or for the purpose of clarifying records or adjustment of boundaries; 5. Subdivision of land into two or more lots for agricul- tural purpose which will not be developed under this subdivision application, into dwelling or lodging units. The subdivider desiring such an exception shall file with the Director a cer- tified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling or lodging units. These conditions shall run with the land; 6. Any p:Lanned development project for which the Planning Commission has held a public hearing prior to the effective - 3 - date of this ordinance; provided that the requirements of mone- tary payments in lieu of land dedication and improvements shall be required; 7. Subdivisions of buildings, as defined in Article 1, Section 2.35, for which a preliminary Plan Approval has been given in accordance with the provisions of Chapter 8, Article 22, Hawaii County Code, provided that the requirements of monetary payments in lieu of land dedication and improvements shall be required. B. The provisions of this chapter shall apply to change in use of buildings from hots°1 to residential dwelling use subsequent to the effective date of this ordinance. C. When an existing building, approved prior to the effective date of this chapter, is enlarged. or altered to increase the number of dwelling or lodging units, the provisions of this chapter shall apply to the number of dwelling or lodging units added to the en- larged or altered building. D. When an existing building approved prior to the effective date of this chapter is demolished and a new building constructed in its stead, the provisions of this chapter shall apply to the total number of dwelling or lodging units built. E. Where land is subdivided, the provisions of this chapter shall apply to all vacant lots thus created, except those previously assessed. F. where zoning allows the construction of more than one dwelling unit on a lot within a subdivision, a fee as herein pro- vided shall be assessed for each additional unit at the time of building permit action, except for those already in existence or previously assessed. G. After the effective date of this chapter, all vacant lots shall be assessed a fee as herein provided at the time of building permit action except for those lots and/or units previously assessed. - 4 - "Sec. 2. RELATION OF LAND REQUIRED TO POPULATION DENSITY. In the public interest, convenience, health, welfare and safety, subdivisions shall provide a minimum ratio of two-and-one-half (2.5) acres of land for park and playground purposes for each one thousand (1,000) persons or fraction thereof. "Sec. 3. POPULATION DENSITY. Population density for the purpose of this chapter shall be: A. Single-family dwelling units and duplexes = 3.5 persons per dwelling unit; and B. Mutiple-fanlily dwelling units = 2.1 persons per dwelling unit. "Sec. 4. LAND TO BE DEDICATED OR PROVIDED IN PERPETUITY. A. Land required to be dedicated or provided in perpetuity by a subdivider pursuant to this chapter shall be determined by the following formula: 1. In subdivision of land, the basis for determining the total number of dwelling or lodging units for computation pur- pose shall be the number of such units permitted by the County in the subdivision as shown on the final subdivision map filed with the County except as provided by Article 2, Section 1-E. 2. In building permit applications, the total number of dwelling or lodging units for computation purposes shall be the total number of such units as shown on the building permit application except as provided by Article 2, Sections 1-C and 1-D. 3. The gross area included in the subdivision shall be divided by the total number of dwelling or lodging units deter- mined by Article 2, Sections 4-A(1) or 4-A(2). The result shall determine which density category, as provided below, shall be used. All results shall be rounded off to the nearest density category. 4. Density Formula. - 5 - NET DENSITY PER ACRE TOTAL AREA REQUIRED PER ACRE ~/Acre Sq. Ft./Acre 1 Dwelling Unit per acre or more ,009 381 1 Dwelling Unit per 1/2 acre .017 762 1 Dwelling Unit per 20,000 sq, ft. .019 828 1 Dwelling Unit per 15,000 sq. ft. .025 1105 1 Dwelling Unit per 10,000 sq. ft. .038 1659 1 Dwelling Unit per 7,500 sq. ft. ,051 2211 1 Dwelling Unit per 6,000 sq. ft. .038 1661 1 Dwelling Unit per 5,500 sq. ft. .042 1811 1 Dwelling Unit per 5,000 sq. ft. .046 1992 1 Dwelling Unit per 4,500 sq. ft. .051 2213 1 Dwelling Unit per 4,000 sq. ft. .057 2489 1 Dwelling Unit per 3,500 sq. ft. .065 2844 1 Dwelling Unit per 3,000 sq. ft. .076 3320 1 Dwelling Unit per 2,500 sq. ft. .091 3984 1 Dwelling Unit per 2,000 sq, ft. .114 4980 1 Dwelling Unit per 1,500 sq. ft. .152 6641 1 Dwelling Unit per 1,000 sq. ft. .229 9961 1 Dwelling Unit per 750 sq. ft. .305 13281 B. A maximum of twenty-five (25) per cent deviation below the required land area may be considered, pr ovided that the a djusted land requirement: 1. Is to add to existing Coun ty or State parks or is part of proposed General Planned parks; or 2. Conta ins areas that specif ically conform to the policies and s tandards of the Natural Beauty , Historic Sites, or Natural Resources and Shoreline elements of the General Plan as deter- mined by the D irector; or 3. Resul ts in better serving the recreational needs of occupants or purchasers of lots or units in the subd ivision, - 6 - as determined by the Director of Parks and Recreation and ap- proved by the Director. C. The approved deviations or that portion which is the differ- ence between the land area required under Article 2, Section 4-A and the land area dedicated or provided in perpetuity, shall be exempt from the fee requirement of Article 2, Section 5. D. Land and building subdivisions involving ten (10) lots/ units or less and all vacant lots and/or new units falling under the purview of Article 2, Sections 1-F and 1-G shall be required the payment of fees only in the amount of $250 per lot/unit; provided, however, that other terms of payment may be required if the proposed subdivision does not represent the maximum feasible development possible for the subject land as determined by the Director. "Sec. 5. MONETARY FEE IN LIEU OF DEDICATING OR PROVIDING LAND AND FACILITIES OR A COMBINATION OF MONETARY FEE AND DEDICATING OR PROVIDING LAND. A. Where a monetary fee is required to be paid in lieu of dedicating or providing the land and facilities in perpetuity, the monetary fee shall be a sum equal to the 'fair market value' of the amount of land required by Article 2, Section 4-A, except as pro- vided in Article 2, Section 4-D. B. 'Fair Market Value' shall be determined as of the time of filing the final subdivision plat or building permit in accordance with the following: 1. The fair market value shall include the value of the subdivided land, including the site improvements and utilities which would have otherwise been installed should the land area for the park be required. 2. The County and the subdivider shall agree on the fair market value of the land. If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by majority vote of three land apprais- ers; one shall be appointed by the subdivider, one appointed by the County, and the third appointed by the mutual agreement of - 7 - the County and the subdivider. The subdivider and the County shall equally bear the costs of the third appraisal. C. If the area of land which is provided in perpetuity or de- dicated by the subdivider and approved by the Director pursuant to Article 2, Section 8 is less than the land area required under Article 2, Section 4-A, the subdivider shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area provided in perpetuity or dedicated and the land area required under Section 4-A, except as exempt by the provisions of Section 4-B. D. Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall 'park and recreation' fund. Payment may be in time of final approval of the land subdivision for a building subdivision; or 50~ at the time al of the land subdivision or preliminary plan ing subdivision, and the balance paid at the t of the land subdivision or final plan approval division. be deposited in a a lump sum at the or final plan approval of preliminary approv- approval of the build- ime of final approval of the building sub- 1. All monies received shall be used for the acquisition and development of park and recreational facilities to serve the area in which the subdivision is located. Monies received may be expended on neighborhood or community facilities in reasonable proximity to the subdivision. Where a public park and playground presently serves a subdivision, such fees may be used fer the purpose of providing additional facilities for that park or playground. The Director of Parks and Recreation shall determine the various park areas for funding purposes. 2. When funds are needed for implementing a plan to provide or develop land and facilities or for preparing site plans such as design and engineering work, the Director of Parks anal Re- creation shall submit a written request to the Director and the Mayor for approval. iJpon approval, the Finance Director shall be authorized to release monies from the fund. - 8 - 3. No refunds shall be made for any land and building sub- division which the Director has granted final approval, except that credit may be given to subsequent subdivision of the same area. 4. All monies, interests, and other forms of earnings resulting from the fee shall thereafter be the property of the County. The interests/earnings accrued from the fec~ shall be expended in the same manner as the fee itself. "Sec. 6. CREDIT FOR PRIVATE RECREATIONAL AREAS AND FACILITIES. A. where parks and playgrounds, including physical facilities, are to be provided in a proposed subdivision, and are to be privately owned and maintained by the future residents of the subdivision, such areas and facilities shall be credited towards the requirements of dedication or provision for park and playground purposes, as set forth in Article 2, Section 4 or the payment of fees in lieu thereof, as set forth in Article 2, Section 5. B. Such credit shall be subject to the approval of the Planning Director, upon consultation with the Director of Parks and Recreation, subject to the following requirements: 1. That yards and other open areas required to be maintained by the zoning and building regulations not be included in the computation of such private recreational area and facilities; 2. That the size, shape, topography, geology, access, use and location of the site are suitable for park and playground purposes; 3. That the physical facilities and improvements provided for meet the needs of the purchasers or occupants of the sub- division, and are in accordance with the policies and standards of the recreational element of the General Plan and Park Master Plan; 4. That th.e use of the site is restricted for park and play- ground purposes by recorded convenants which shall run with the land for the use of the purchasers or occupants in the subdivi- sion; - 9 - 5. That there is adequate assurance as determined by the Corporation Counsel, for perpetual maintenance of such private parks and playgrounds by recorded convenant running with the land which shall include but not necessarily be limited to the following: a. Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private parks and playgrounds in perpetuity; b. Empower the County through the Parks and Recreation Director to enforce the covenants to maintain the pri- vate parks and playgrounds and authorize the performance of maintenance work by the County in the event of failure by the subdivider, purchaser or occupant, to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of work performed by the County has been reimbursed. 6. That the site improvements and physical facilities to be provided and constructed are made available to all purchasers or occupants in the subdivision and an agreement and adequate security are filed and accepted by the County to guarantee the construction of the improvements and facilities within a speci- fied time as required by the Director prior to final subdivision or plan approval. 7. That the type of park improvements-in land subdivisions be determined by the Director of Parks and Recreation upon con- ferring with the Chief Engineer, and approved by the Director and shall include a minimum of: a. lot grading and grass planting; b. parking area; c. adequate drainage; d. comfort: station. The Director may waive a portion or all of the minimum improvement/faci.lity requirement, provided that said require- ments are available within close proximity of the park and meet - 10 - other code requirements or deemed impracticable or unnecessary by the Director upon consultation with the Director of Parks and Recreation and Chief Engineer. 8. That the minimum type of improvements for building per- mit subdivisions be determined in the same fashion as land sub- divisions. 9. That equitable credit by cost estimates of the facili- ties being provided for be determined by the Chief Engineer. "Sec. 7. CREDIT FOR PARKS AND PLAYGROUNDS. Where lands for park and playground and their facilities/ improvements were dedicated or provided in perpetuity or kept in private ownership with a maintenance agreement acceptable to the Corporation Counsel prior to the effective date of this ordi- nance, such land, including physical facilities, shall be credited toward the park land/facilities which would otherwise be required under Section 4; provided, however, such area and facilities generally satisfy the guidelines set forth in Article 2, Section 8-B-3, 4, and 5. "Sec. 8. OPTION OF LAND DEDICATION OR PAYMENT OF FEE. A. Procedure. The option to dedicate or provide land in perpe- tuity, pay a fee, or a combination thereof, shall be determined as follows: 1. Subdivider. The owner of the property shall file a preliminary subdivision map or building plan, and indicate his intentions to dedicate or provide: (1) land in perpe- tuity for recreational purposes; (2) to pay a fee, or (3) a combination of dedication or provision of land in perpetuity and payment of fee. If he intends to dedicate or provide land in perpetuity, he shall designate the area thereof on the preliminary subdivision plat or building plans as sub- mitted. 2. Action of the County. Prior to preliminary approval of a land subdivision or preliminary plan approval of a build- ing subdivision, upon concurrence by the Director of Parks and - 11 - Recreation, the Planning Director shall determine whether to require a dedication or provision of land in perpetuity, payment of a fee, or a combination of dedication or provision of land in perpetuity and payment of fee. The Director shall also determine the location of the area to be dedicated or provided in perpetuity at the time of preliminary subdivision or plan approval. B. Determination. Whether the County accepts land and faci- lities for dedication and County maintenance shall be determined by consideration of the following: 1. The lano!. to be dedicated or provided in perpetuity is added to existing County or State parks or is part of proposed General Planned parks or Park Master Plan. 2. The land to be dedicated or provided in perpetuity con- tains areas that specifically conform to the policies and standards of the lvatural Beauty, Historic Sites, or Natural Resource and Shoreline elements of the General Plan. 3. The size, shape, topography, geology, access, use and location of the s9.te are suitable for park and playground pur- poses, and such park and playground meet the need of the pur- chasers or occupants of the subdivision and are in accordance with the policies and standards of the recreational element of the General Plan or Park Master Plan. 4. Prior to final approval, the type of park improvements to be made for land subdivisions shall be determined by the Director of Parks ,and Recreation and the subdivider, upon con- ferring with the Chief Engineer, and approved by the Planning Director and shall include a minimum of: a. lot grading and grass planting; b. parking area; c, adequate drainage; d. comfort station. - 12 - The Director may waive a portion or all of the minimum improvement/facility requirement, provided that said require- ments are available within close proximity of the park and meet other code requirements or deemed impracticable or unnecessary by the Director upon consultation with the Director of Parks and Recreation and Chief Engineer. 5. The site improvements and utilities required under the Subdivision Control Code have been approved by the Planning Director. 6. The required site improvements and physical facilities are made available at the time of final subdivision approval and/or prior to the issuance of occupancy permit in the case of building subdivisions. The improvement and facility require- ment may be reasonably deferred, provided that an agreement and adequate surety :bond guaranteeing their construction are filed and accepted by the County. 7. Prior to granting of final subdivision or plan approval by the Director, the County Council, pursuant to Section 13-12 of the Hawaii County Charter, shall review and act on the area proposed to be dedicated for park and its proposed facilities/ improvements. Acceptance shall be effective no earlier than receipt of final subdivision or plan approval by the Director. If the Council declines the offer, the Director shall require an alternative method of assessment in accordance with Article 2, Sections 5 and 6. C. Upon acceptance of the land and the minimum improvements and facilities through dedication or provision in perpetuity by the County, the County shall thereafter assume the cost of future improvements and maintenance of the entire area and facilities, except those private parks and playgrounds accepted under the provisions of Article, Section 6. "ARTICLE 3. Appeals "Sec. 1. APPEALS. - 13 - A. Action of th.e Director may, within thirty (30) days after such action is taken, be appealed in writing to the Planning Board of Appeals. 1. Said appeal shall be accompanied by a filing fee of <s, one hundred dollars ($100.00). 2. Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged the Director's action was based on an erroneous finding of a material fact, or that the Director had acted in an arbitrary or capricious manner, or had manifestly abused his discretion. 3. The Board of Appeals, upon receipt of such appeal, shall set the matter for a hearing. Notice of the hearing shall be forwarded at least ten (10) days prior to such hearing to the appellant by mail or in person. 4. Within sixty (60) days after the filing of such appeal, the Board of Appeals shall affirm, modify, or reverse the action of the Director." SECTION 3. SEVERABILITY CLAUSE In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect as of September 30, 1975. INTRODUCED BY: COUNCILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction November 7, 1973 Date of Adoption July 9, 1975 Effective Date: September 30, 1975 - 14 - FILL fd0. ___~ (Amended) COUNTY QF HAWAII STATE OF HAWAII URllINANCE NG. AN ORDINANCE Ar;ENDING THE HAWAII COUNTY CODE, AS AMENDED, BY ADD- ING A NEW CIiA.I?TER RDL.ATIIQG 'PO DF.DICA'?'ION OF LAND FOR FARKS AND PLAY- GROUf~TDS Oit THE PAYMENT Or NO:v'EY IIT LIEU THERBUF, AS A CONDITION PRECEDENT TO FINAL A'PI'P.OVAL OF A SUBDIVISION. BF. IT CRDAIIvED i3Y THE COUNCIL OF THE COUNTY OF HARTAII: SEC7'ICN 1. STF~'iL?TORY AUTHORITY AND PURPOSE. This ordinance i~; enacted pursuant to Section 46-&, HP.S, as amended, to rec~ui.re a subdi~a.der to prcvide 'sites f.or parks and playgrouzzds in subdivis ions as a conditi_or. precedent to final. approval of a subdivi:>ion. SECTION 2. AfQEDii)DIEIQT. 'Phe Hawaii County Code, as amended, is hereby further amended by addl.rg tii~^reto the following: "CHAPTER 1% PARK I;F.DICATION COllE AP.TICLE 1 General Provisions "Sec. 1. TITLE. This chapter may be cited as the Park Dedication Code. "Sec. 2. DEFINITIONS. For the purpose of this ordinance., certain terms used hereir. shall. be defined as fo7.lows: "Sec. 2.01. 'APPROVAL' means the final approval granted to a proposed subdivision where the actual division of land into smaller paro~ls is sought, provided that, where construction of a building or buildings is proposed without further subdividing an existing parcel of lend, the germ 'approval' shall. refer to the issuance of the building permit. "Sec. 2.G5. 'UWEI:LING UNIT' means a roo;n or rooms conz;ectcd '~ogethcr, constituting an independent housekeeping unit for ~: family ard. containing a single kitcl:cn. "Sec. 2.10. 'FAIR MARKET VALUE' means the highest price esti- mated in terms cf money which a property will briny if exposed for sale in the open market allowing a reasonable time to find a pur- chaser who buys with knowledge of all the uses to which i.t is adapted and fcr which it is capable of being used. "Sec. 2.15. 'HOTEL' means a building containing sleeping acco- mmodations in six or more rooms for use of persons, on a commercial basis whether such establishment is called a hotel, inn, motel, motor hotel, motor. lodge or otherwise, which rooms do not consti- tute dwelling units. "Sec. 2.20. 'LODGING UNIT' means a room or rooms connected together, constituting an independent housekeeping unit for a family which does not contain any kitchen. "Sec. 2.25. 'PAP.KS AND PLAYGROUNDS' means areas and/or facili- ties used for active or passive recreational pursuits. "Sec. 2.30. 'SUBDIVIDER' means any person who divides land as specified under the definition of subdivision or who constructs a building or group of buildings containing or divided into two or more dwelling units or lodging units. "Sec. 2.35. 'SUBDIVISION' means the division of improved or unimproved land into two or more lots, parcels, sites, or other divisions of land and for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to, or interest in, any or all such lots, parcels, sites, or division of land. The term includes resubdivision, and when appropriate to the context, shall relate to the land subdivided. The term also includes a building or. group of buildings, other than hotel, containing or divided into two or more dwelling units or lodging units. "Sec. 2.40. 'DIRECTOR' means the Planning Director of the Coun- ty of Hawaii. "Sec. 2.45. 'PROVIDE LAND IN PERPETUITY' means the conveyance of land, improvements, easements, streets and facilities, or any interest therein, to the County far a definite use and purpose, which shall be a perpetual and everlasting easement or dedication in fee simple title or ownership. - 2 - "Sec. 2.50, 'COUN'TY' means the County af. Hawaii. "Sec. 3. SUBDIVIDERS SHALL PP.OVIDE PARK P.ND PLAYGROUND FACI- LITIES. Every subdivider, prior to approval of a subdivision by the Director, shall dedicate or provide ir. perpetuity a portion of such land, pay a fee, or a combination of dedicating or providing in perpetuity and payment of a fee, as set forth in this chapter for the purpose of providing park and playground facilities for the occupants or purchasers of lots or units in the subdivision. ARTICLE 2 Administration "Sec. 1. APPLICATION. A. The provisions of this chapter shall apply to all subdivi- lions except: 1. Subdivisions of land for which tentative approval has been granted prior to the effective date of this chapter, pro- vided that the requirements by monetary payments in lieu of land dedication and improvements shall be required; 2. Public utility or public rights--of-way subdivisions; 3. Industrial and commercial use subdivisions; 4. Subdivisions of land for the purpose of consolidating two or more lots or for the purpose of clarifying records or adjustment of boundaries; 5. Subdivision of land into two or more lots for agricul- tural purpose which will not be developed under this subdivision application, into dwelling or lodging unit. The subdivider desiring such ari exception shall file with the Director a cer- tified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling or lodging units These conditions shall ruri with the land; 6. Any planned development project for which the Planning Commission has held a public hearing prior to the effective - 3 - date of this ordinance; provided that the requirements of mone- tary payments :in lieu of land dedication and improvements shall be required; 7. Subdivisions of buildings, as defined in Article 1, Section 2.35, for which a preliminary Plan Approval has been given in accordance with the provisions of Chapter 8, Article 22, Hawaii County Code, provided that the requirements of monetary payments in lieu of land dedication and improvements shall be required. B. The provisions of this chapter shall apply to change in use of buildings from hotel to residential dwelling use subsequent to the effective date of this ordinance. C. When an existing building, approved prior to the effective date of this chapter, is enlarged or altered to increase the number of dwelling or lodging units, the provisions of this chapter shall apply to the number of dwelling or lodging units added to the en- larged or altered building. D. When an existing building approved prior to the effective date of this chapter is demolished and a new building constructed in its stead, the provisions of this chapter shall apply to the total number of dwelling or lodging units built. E. Where land is subdivided, the provisions of this chapter shall apply to all vacant lots, except those previously assessed. F. Where zoning allows the construction of more than one dwelling unit on a lot within a subdivision, a fee as herein pro- vided shall be asse:~sed for each additional unit at the time of building permit action, except for those already in existence or previously assessed. G. After the effective date of this chapter, all vacant lots shall be assessed a fee as herein provided at the time of building permit action except: for those lots and/or units previously assessed. - 4 - "Sec. 2. RELATION OF' LAND REQUIRED 7`O POPULATION DENSITY. In the public interest, convenience, health, welfare and safety, subdivisions shall provide a minimum ratio of two-and-one-half (2.5) acres of land for park and playground purposes for each one thousand (1,000) persons or fraction thereof. "Sec. 3. POPULATION DENSITY. Population density for the purpose of this chapter shall be: A. Single-family dwelling units and duplexes = 3.5 persons per dwelling unit; and B. Mutiple-family dwelling units = 2.1 persons per dwelling unit. "Sec. 4. LAND TO BE DEDICATED OR PROVIDED IN PERPETUITY. A. Land required to be dedicated or provided in perpetuity by a subdivider pursuant. to this chapter shall be determined by the following formula: 1. In subdivision of land, the basis for determining the total number of dwelling or lodging units for computation pur- pose shall be the number of such units perrnitted by the County in the subdivision as shown on the final subdivision map filed with the County except as provided by Article 2, Section 1-E. 2. In building permit applications, the total number of dwelling or lodging units for computation purposes shall be the total number. of such units as shown on the building permit application except as provided by Article 2, Sections 1-C and 1-D. 3. The gross area included in the subdivision shall be divided by the total number of dwelling or lodging units deter- mined by Article 2, Sections 4-A(1) or 4-A(2). The result shall determine which density category, as provided below, shall be used. All results shall be rounded off to the nearest density category. 4. Density Formula. - 5 - NET DENSITY PER ACRE TOTAL AREA kEQUIRED PER ACRE $/Acre Sq. Ft./Acre 1 Dwelling Unit. per acre or more .009 381 1 Dwelling Unit per 1/2 acre .017 762 1 Dwelling Unit per 20,000 sq. ft. .019 828 1 Dwelling Unit per 15,000 sq. ft. .025 1105 1 Dwelling Unit per ]..0,000 sq. ft. .038 1659 1 Dwelling Unit per 7,500 sq. ft. .051 2211 1 Dwelling Unit per 6,000 sq. ft. .03E 1661 1 Dwelling Ur.it per 5,500 sq. ft. .042 1811 1 Dwelling Unit per 5,000 sq. ft. .046 1992 1 Dwelling Unit per 4,500 sq. ft. .051 2213 1 Dwelling Unit per 4,000 sq. ft. .057 2489 1 Dwelling Unit per 3,500 sq. ft. .065 2844 1 Dwelling Unit per 3,000 sg. ft. .076 3320 1 Dwelling Unit per 2,500 sq. ft. .091 3984 1 Dwelling Unit per 2,000 sq. ft. .114 4980 1 Dwelling Unit per 1,500 sq. ft. .152 6641 1 Dwelling Unit per 1,000 sq. ft. .229 9961 1 Dwelling Ur.it per 750 sq. ft. .305 13281 B. A maximum of: twenty-five (25) per cent deviation below the required land area may be considered, prov ided that the a djusted land requi rement: 1. Is to add to existing County or State parks or is part of pr oposed Ge nE:ral P lanne3 parks; or 2. Conta ins areas that specific ally conform to the policies and s tandards of the Natural Beauty, Historic Sites, o:: Natural Resou rces and Shoreli ne elements of t he General Plan as deter- mined by the Director; or 3. Resul ts in better serving th e recreational needs of occup ants or purchasers of lots or u7 its in the subd ivision, - 6 - as determined by the Director of Parks and Recreation and ap- proved by the Director. C. The approval deviations or that portion which is the differ- ence between the land area required under Article 2, Section 4-A and the land area dedicated or provided in perpetuity, shall be exempt from the fee requirement of Article 2, Section 5. D. Land and building subdivisions involving ten (10) lots/ units or less and a:Ll vacant lots and/or new units falling under the purview of Article 2, Sections 1-F and 1-G shall be required the payment o£ fees only in the amount of $250 per lot/unit. "Sec. 5. MONETARY FEE IN LIEU OF DEDICATING OR PROVIDING LAND AND FACILITIES OR A COMBINATION OF MONETARY FEE AND DEDICATING OR PROVIDING LAND. A. Where a monetary fee is required to be paid in lieu of dedicating or providing the land and facilities in perpetuity, the monetary fee shall be a sum equal to the 'fair market value' of the amount of land required by Article 2, Section 4-A, except as pro- vided in Article 2, Section 4-D. B. 'Fair Market Value' shall be determined as of the time of filing the final subdivision plat or building permit in accordance with the following: 1. The fair market value shall include the value of the subdivided land, including the site improvements and utilities which would have otherwise been installed should the land area for the park bf= required. 2. The County and the subdivider shall agree on the fair market value of the land. If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by majority vote of three land apprais- ers; one shall be appointed by the subdivider, one appointed by the County, and the third appointed by the mutual agreement of the County and the subdivider. The subdivider and the County shall equally bear the costs of the third appraisal. - 7 - C. If the area of land which is provided in perpetuity or de- dicated by the subdivider and approved by the Director pursuant to Article 2, Section 8 is less than the land area required under Article 2, Section 4-A, the subdivider shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area provided in perpetuity or dedicated and the land area required under Section 4-A, except as exempt by the provisions of Section 4-B. D. Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall be deposited in a 'park and recreation' fund. Payment may be in a lump sum at the time of final approval of the land subdivision or final plan approval for a building subdivision; or 50$ at the time of preliminary approv- al of the land subdivision or preliminary plan approval of the build- ing subdivision, and the balance paid at the time of final approval of the land subdivision or final plan approval of the building sub- division. 1. All monies received shall be used for the acquisition and development of park and recreational facilities to serve the area in which the subdivision is located. Monies received may be expended on neighborhood or community facilities in reasonable proximity to the subdivision. Where a public park and playground presently serves a subdivision, such fees may be used for the purpose of providing additional facilities for that park or playground. The Director of Parks and Recreation shall determine the various park areas for funding purposes. 2. When funds are needed for implementing a plan to provide or develop land and facilities or for preparing site plans such as design and engineering work, the Director of Parks and Re- creation shall submit a written request to the Director and the Mayor for approval. Upon approval, the Finance Director shall be authorized to release monies from the fund. 3. No refunds shall be made for any land and building sub- division which the Director has granted final approval., except - 8 - that credit may be given to subsequent subdivision of the same area. "Sec. 6. CREDIT FOR PRIVATE RECREATIONAL AREAS AND FACILITIES. A. Where parks and playgrounds, including physical facilities, are to be provided i.n a proposed subdivision, and are to be privately owned and maintained by the future residents of the subdivision, such areas and facilities shall be credited towards the requirements of dedication or provision for park and playground purposes, as set forth in Article 2, Section 4 or the payment of fees in lieu thereof, as set forth in Article 2, Section 5. B. Such credit shall be subject to the approval of the Planning Director, upon consultation with the Director of Parks and Recreation, subject to the following requirements: 1. That yards and other open areas required to be maintained by the zoning and building regulations not be included in the computation of such private recreational area and facilities; 2. That the size, shape, topography, geology, access, use and location of the site are suitable for park and playground purposes; 3. That the physical facilities and improvements provided for meet the needs of the purchasers or occupants of the sub- division, and +sre in accordance with the policies and standards of the recreational element of the General Plan and Park Master Plan; 4. That the use of the site is restricted for park and play- ground purposes by recorded convenants which shall run with the land for the use of the purchasers or occupants in the subdivi- sion; 5. That there is adequate assurance as determined by the Corporation Counsel, for perpetual maintenance of such private parks and playgrounds by recorded convenant running with the land which shall include but not necessarily be limited to the following: - 9 - a. Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private parks and playgrounds in perpetuity; b. Empower the County through the Parks and Recreation Director to enforce the covenants to maintain the pri- vate parks and playgrounds and authorize the performance of maintenance work by the County in the event of failure by the subdivider, purchaser or occupant, to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of work performed by the County has been reimbursed. 6. That the site improvements and physical facilities to be provided and constructed are made available to all purchasers or occupants in the subdivision and an agreement and adequate security are filed and accepted by the County to guarantee the construction of the improvements and facilities within a speci- fied time as required by the Director prior to final subdivision or plan approval. 7. That the type of park improvemnts in land subdivisions be determined by the Director of Parks and Recreation upon con- ferring with the Chief Engineer, and approved by the Director and shall include a minimum of: a. lot grading and grass planting; b. parking area; c. adequate drainage; d. comfort station. The Director may waive a portion or all of the minimum improvement/facility requirement, provided that said require- ments are available within close proximity of the park and meet other code requirements or deemed impracticable or unnecessary by the Director upon consultation with the Director of Parks and Recreation and Chief Engineer. - 10 - 8. That the minimum type of improvements for building per- mit subdivisions be determined in the same fashion as land sub- divisions. 9. That equitable credit by cost estimates of the facili- ties being provided for be determined by the Chief Engineer. "Sec. 7. CREDIT FOR PARKS AND PLAYGROUNDS. Where lands for park and playground and their facilities/ improvements were dedicated or provided in perpetuity or kept in private ownership with a maintenance agreement acceptable to the Corporation Counsel prior to the effective date of this ordi- nance, such land, including physical facilities, shall be credited toward the park land/facilities which would otherwise be required under Section 4; provided, however, such area and facilities generally satisfy the guidelines set forth in Article 2, Section 8-B-3, 4, and 5. "Sec. 8. OPTION OF LAND DEDICATION OR PAYMENT OF FEE. A. Procedure. The option to dedicate or provide land in perpe- tufty, pay a fee, or a combination thereof, shall be determined as follows: 1. Subdivider. The owner of the property shall file a preliminary subdivision map or building plan, and indicate his intentions to dedicate or provide: (1) land in perpe- tuity for recreational purposes; (2) to pay a fee, or (3) a combination of dedication or provision of land in perpetuity and payment of fee. If he intends to dedicate or provide land in .perpetuity, he shall designate the area thereof on the preliminary subdivision plat or building plans as sub- mitted. 2. Action of the County. Prior to preliminary approval of a land subdivision or preliminary plan approval of a build- ing subdivision, upon concurrence by the Director of Qarks and Recreation, the Planning Director shall determine whether to require a dedication or provision of land in perpetuity, payment - 11 - of a fee, or a combination of dedication or provision of land in perpetuity and payment of fee.. B. Determination. Whether the County accepts land and faci- lities for dedication and County maintenance shall be determined by consideration of the following: 1. The land to be dedicated or provided in perpetuity is added to existing County or State parks or is part of proposed General Planned parks or Park Master Plan. 2. The land to be dedicated or provided in perpetuity con- tains areas that specifically conform to the policies and standards of the Natural Beauty, Historic Sites, or Natural Resource and Shoreline elements of the General Plan. 3. The size, shape, topography, geology, access, use and location of the site are suitable for park and playground pur- poses, and such park and playground meet the need of the pur- chasers or occupants of the subdivision and are in accordance with the policies and standards of the recreational element of the General Plan or Park Master Plan. 4. Prior to final approval, the type of park improvements to be made for land subdivisions shall be determined by the Director of Parks and Recreation and the subdivider, upon con- ferring with the Chief Engineer, and approved by the Planning Director and shall include a minimum of: a. lot grading and grass planting; b. parking area; c, adequate drainage; d. comfort station. The Director may waive a portion or all of the minimum improvement/facility requirement, provided that said require- ments are available within close proximity of the park and meet other code requirements or deemed impracticable or unnecessary by the Director upon consultation with the Director of Parks and Recreation and Chief Engineer. - 12 - 5. The site improvements. and utilities required under the Subdivision Control Code. have been approved by the Planning Director. 6. The required site. improvements and physical facilities are made available at the time of final subdivision approval and/or prior to the issuance of occupancy permit in the case of building subdivisions. The improvement and facility require- ment may be reasonably deferred, provided that an agreement and adequate surety bond guaranteeing their construction are filed and accepted by the County. C. Upon acceptance of the land and the minimum improvements and facilities through dedication or provision in perpetuity by the County, the County shall thereafter assume the cost of future improvements and maintenance of the entire area and facilities, except those private parks and playgrounds accepted under the provisions of Article, Section 6. "ARTICLE 3. Appeals "Sec. 1. APPEALS. A. Action of the Director may, within thirty (30) days after such action is taken, be appealed in writing to the Planning Board of Appeals. 1. Said appeal shall be accompanied by a filing fee of one hundred dollars ($100.00). 2. Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged the Director has erred in making his determination. 3. The Board of Appeals, upon receipt of such appeal, shall set the matter for a hearing. Notice of the hearing shall be forwarded at least ten (10) days prior to such hearing to the appellant by mail or in person. 4. Within sixty (60) days after the filing of such appeal, the Board of Appeals shall affirm, modify, or reverse the action of the Director." - 13 - SECTION 3. SEVERABILITY CLAUSE In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect as of September 30, 1975. INTRODUCED BY: COUNCILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction Date of Adoption OFFICE INFORMATION ONLY Meeting: July 9, 1975 Action: Refer to the Planning Director to further wand Bill 6, Park Dedication Code, under Art. 2 Sec. lE; Art. 2 Sec. 8•-A2; and Art. 3. Approve and recommend adoption of Bill 6, ae amended, on second and final reading. Re: Bill 6/PRDLC-54 (Amended) BILL NO. 6 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE RELATING TO DEDICATION OF LAND FOR PARKS AND PLAYGROUNDS OR THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITION PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. STATUTORY AUTHORITY AND PURPOSE. This article is enacted pursuant to Section 46-6, HRS, as amended, to require .s subdivider to provide sites for parks and playgrounds in subdivisions as a condition precedent to final approval of a subdivision. SECTION 2. DEF:CNITIONS. For the purpose of this ordinance, certain terms used herein shall be defined as follows: A. "APPROVAL" means the final approval granted to a proposed subdivision where the actual division of land into smaller parcels is sought, provided that, where construction of a building or buildings is proposed without further subdividing an existing parcel of land, the term "approval" sha1:1 refer to the issuance of the building permit. B. "DWELLING UNIT" means a room or rooms connected together, constituting an independent housekeeping unit £or a family and con- taining a single kitchen. C. "FAIR MARKE'P VALUE" means the highest price estimated in terms of money which a property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used. D. "HOTEL" means a building containing sleeping accommodations in six or more rooms for use of persons, on a commercial basis whether such establishment is called a hotel, inn, motel, motor hotel, motor lodge or otherwise, which rooms do not constitute dwelling units. E. "LODGING UNIT" means a room or rooms connected together, constituting an independent housekeeping unit for a family which does not contain any kitchen. F. "PARKS AND :PLAYGROUNDS" means areas and/or facilities used for active or passive recreational pursuits. G. "SUBDIVIDER" means any person who divides land as specified under the definition of subdivision or who constructs a building or group of buildings containing or divided into two or more dwelling units or lodging units. H. "SUBDIVISION" means the division of improved or unimproved land into two or more lots, parcels, sites, or other divisions of land and for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to, or interest in, any or all such lots, parcels, sites, or division of land. The term includes resubdivision, and when appropriate to the context, shall relate to the land subdi- vided. The term also includes a building or group of buildings, other then hotel, containing or divided into two or more dwelling units or lodging units. I. "DIRECTOR" means the Planning Director of the County of Hawaii. J. "PROVIDE LAND IN PERPETUITY" means the conveyance of land, improvements, easements, streets and facilities, or any interest therein, to the County for a definite use and purpose, which shall be a perpetual and everlasting easement or dedication in fee simple title or ownership. K. "COUNTY" means the County of Hawaii. SECTION 3. SUBIJIVIDERS SHALL PROVIDE PARK AND PLAYGROUND FACILITIES. Every subdivider, prior to approval of a subdivision by the Director, shall dedicate or provide in perpetuity a portion of such land, pay a fee, or a combination of dedicating or providing in perpetuity and pay- ment of a fee, as set forth in this ordinance for the purpose of pro- viding park and playground facilities for the occupants or purchasers of lots or units in the subdivision. SECTION 4. APPhICATION. A. The provisions of this ordinance shall apply to all subdi- visions except: 1. Subdivisions of land for which tentative approval has been granted prior to the effective date of this ordinance, provided that the requirements by monetary payments in lieu of land dedication and improvements shall be required; 2. Public utility or public rights-of-way subdivisions; 3. Industrial and commercial use subdivisions; 4. Subdivisions of land for the purpose of consolidating two or more lots or for the purpose of clarifying records or adjustment of boundaries; 5. Subdivision of land into two or more lots for agri- cultural purpose which will not be developed under this subdivision app:Lication, into dwelling or lodging units. The subdivider desiring such an exception shall file with the Director a certified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling or lodging units. These condi- tions shall run with the land; 6. Any planned development project for which the Planning Commission has held a public hearing prior to the effective date of this ordinance; however, any change in the plans which will - 2- increase the number of dwelling or lodging units made after the effective date of this ordinance shall nullify the exemption herein granted. 7. Subdivisions of buildings, as defined in Section 2-H, for which a preliminary Plan Approval has been given in accordance with the provisions of Section 30, Ordinance No. 63; provided that the requirements of monetary payments in lieu of land dedi- cation and improvements shall be required. B. The provisions of this ordinance shall appy to change in use of buildings from hotel to residential dwelling use subsequent to the effective date of this ordinance. C. When an existing building, approved prior to the effective date of this ordinance, is enlarged or altered to increase the number of dwelling or lodging units, the provisions of this ordinance shall apply to the number of dwelling or lodging units added to the enlarged or altered building. D. When an existing building approved prior to the effective date of this ordinance is demolished, and a new building constructed in its stead, the provisions of this ordinance shall apply to the total number of dwelling or lodging units built except those previously assessed. E. Where land is subsequently resubdivided, the provisions of this ordinance shall apply to all lots created by the subdivision ex- cept those previously assessed. F. Where zoning allows the construction of more than one dwelling unit on a lot without subdivision, a fee as herein provided shall be assessed for each unit except those already in existence or previously assessed. G. After the effective date of this ordinance, all vacant lots shall be assessed a fee as herein provided, at the time of building permit application except those lots previously assessed. SECTION S. RELATION OF LAND REQUIRED TO POPULATION DENSITY. In the public interest, convenience, health, welfare and safety, subdivisions shall provide a minimum of two-and-one-half (2.5) acres of land for park and playground purposes for each one thousand (1,000) persons or fraction thereof. SECTION 6. POPULATION DENSITY. Population density for the purpose of this ordinance shall be: A. Single-f amity dwelling units and duplexes - 3.5 persons per dwelling unit; and B. Multiple-family dwelling units 2.1 persons per dwelling unit. SECTION 7. LAND TO BE DEDICATED OR PROVIDED IN PERPETUITY. A. Land required to be dedicated or provided in perpetuity by a subdivider pursuant to this ordinance shall be determined by the following formula: 1. In subdivision of land, the basis for determining the total number of dwelling or lodging units for computation purpose shall -3- be the number of such units permitted by the County in the subdi- vision as shown on the final subdivision map filed with the County except as provided by Section 4-E. 2. In building permit applications, the total number of dwelling or lodging units for computation purposes shall be the total number of such units as shown on the building permit appli- cation except as provided by Sections 4-C and 4-D. 3. The gross area included in the subdivision shall be divided by the total number of dwelling or lodging units determined by Sections 7-A(1) or 7-A(2). 4. The result shall determine which density category, as provided below, shall be used. All results shall be rounded off to the nearest density category. 5. Density Formula. NET DENSITY PER ACRE TOTAL AREA REQUIRED PER ACRE ,°6/Acre Sq. Ft./Acre 1 Dwelling Unit per acre or more .009 381 1 Dwelling Unit per 1/2 acr e .017 762 1 Dwelling Unit per 20,000 sq. ft. .019 828 1 Dwelling Unit per 15,000 sq. ft. .025 1105 1 Dwelling Unit per 10,000 sq. ft. .038 1659 1 Dwelling Unit per 7,500 sq, ft. .051 2211 1 Dwelling Unit per 6,000 sq. ft. .038 1661 1 Dwelling Unit per 5,500 sq. £t. .042 1811 1 Dwelling Unit per 5,000 sq. ft. .046 1992 1 Dwelling Unit per 4,500 sq. ft. .051 2213 1 Dwelling Unit per 4,000 sq. ft. .057 2489 1 Dwelling Unit per 3,500 sq. ft. .065 2844 1 Dwelling Unit per 3,000 sq. ft. .076 3320 1 Dwelling Unit per 2,500 sq, ft. .091 3984 1 Dwelling Unit per 2,000 sq. ft. .114 4980 1 Dwelling Unit per 1,500 sq. ft. .152 6641 1 Dwelling Unit per 1,000 sq. ft. .229 9961 1 Dwelling Unit per 750 sq. ft. .305 13281 B. A maximum of twenty-five (25) per cent deviation below the required land area may be considered, provided that the adjusted land requirement: 1. Is to add to existing County or State parks or is part of proposed General Planned parks; or - 4- 2. Contains areas that specifically conform to the policies and standards of the Natural Beauty, Historic Sites, or Natural Resources and Shoreline elements of the General Plan as determined by the Director; or 3. Results in better serving the recreational needs of oc- cupants or purchasers of lots or units in the subdivision, as determined by the Director of Parks and Recreation and approved by the Director. C. The approved deviations or that portion which is the difference between the land area required under Section 7A and the land area dedi- cated or provided in perpetuity, shall be exempt from the fee require- ment of Section 8. D. Land and building subdivisions involving twenty-five (25 lots/ units or less and all vacant lots and/or new units falling under the purview of Sections 4-F and 4-G shall be required the payment of fees only in the amount of $250 per lot/unit. SECTION 8. MONETARY FEE IN LIEU OF DEDICATING OR PROVIDING LAND AND FACILITIES OR A COMBINATION OF MONETARY FEE AND DEDICATING OR PRO- VIDING LAND. A. Where a monetary fee is required to be paid in lieu of dedi- cating or providing the land and facilities in perpetuity, the monetary fee shall be a sum equal to the "fair market value" of the amount of land required by Section 7A, except as provided in Section 7D. B. "Fair Market Value" shall be determined as of the time of filing the final subdivision plat or building permit in accordance with the following: 1. The fair. market value shall include the value of the subdivided land, including the site improvements and utilities which would have otherwise been installed should the land area for the park be required. 2. The County and the subdivider shall agree on the fair market value of the land. If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by majority vote of three land appraisers; one shall be appointed by the subdivider, one ap- pointed by the county, and the third appointed by the mutual agreement of the County and the subdivider. The subdivider and the County shall equally bear the costs of the third ap- praisal. C. If the area of land which is provided in perpetuity or de- dicated by the subdivider and approved by the Director pursuant to Section 11 is less than the land area required under Section 7A, the subdivider shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area provided in perpetuity or dedicated and the land area required under Section 7A, except as exempt by the provisions of Section 7B. D. Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall be deposited in a "park and recreation" fund. Payment may be in a lump sum at the time of final approval of thf=_ land subdivision or final plan approval for a -5- building subdivision; or 50~ at the time of preliminary approval of the land subdivision or preliminary plan approval of the building subdivision, and the balance paid at the time of final approval of the land subdivision or final plan approval of the building subdi- vision. 1. All monies received shall be used for the acquisition and development of park and recreational facilities to serve the area in which the subdivision is located. Monies received may be expended on neighborhood or community facilities in reasonable proximity to the subdivision. Where a public park and playground presently serves a subdivision, such fees may be used for the purpose of providing additional facilities for that park or playground. The Director of Parks and Recre- ation shall detEarmine the various park areas for funding purposes. 2. When funds are needed for the purpose of site planning or implementing a plan to provide or develop land and facilities, the Director of Parks and Recreation shall submit a request in writing to the Planning Director and the Mayor for approval. Upon approval, t:he Director of Finance is authorized to release monies from the fund. 3. No refunds shall be made for any land and building subdi- vision which the Director has granted final approval, except that credit may be given to subsequent subdivision of the same area. SECTION 9. CREDIT FOR PRIVATE RECREATIONAL AREAS AND FACILITIES. A. where parks and playgrounds, including physical facilities, are to be provided in a proposed subdivision, and are to be privately owned and maintained by the future residents of the subdivision, such areas and facilities shall be credited towards the requirements of dedication or provision for park and playground purposes, as set forth in Section 7 or the payment of fees in lieu thereof, as set forth in Section S. B. Such credit shall be subject to the approval of the Planning Director, upon consultation with the Director of Parks and Recreation, subject to the following requirements: 1. That yards and other open areas required to be maintained by the zoning and building regulations not be included in the computation of such private recreational area and facilities; 2. That the size, shape, topography, geology, access, use and location of the site are suitable for park and playground purposes; 3. That the physical facilities and improvements provided for meet the needs of the purchasers or occupants of the subdi- vision, and are in accordance with the policies and standards of the recreational element of the General Plan and Park Master Plan; 4. That the use of the site is restricted for park and play- ground purposes by recorded convenants which shall run with the land for the use of the purchasers or occupants in the subdivision; -6- 5. That there is adequate assurance as determined by the Corporation Counsel, for perpetual maintenance of such private parks and playgrounds by recorded convenant running with the land which shall include but not necessarily be limited to the following: a. Obligate the subdividers, purchasers, occupants or associations in the subdivision to maintain the private parks and playgrounds in perpetuity; b. Empower the County through the Parks and Recreation Director to enforce the covenants to maintain the private parks and playgrounds and authorize the performance of maintenance work by the County in the event of_ failure by the subdivider, purchaser or occupant, to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of work performed by the County has been reimbursed. 6. That the site improvements and physical facilities to be provided and constructed are made available to all purchasers or occupants in the subdivision and an agreement and adequate security are filed and accepted by the County to guarantee the construction of the improvements and facilities within a speci- fied time as required by the Director prior to final subdivision or plan approval. 7. That the type of park improvements in land subdivisions be determined by the Director of Parks and Recreation upon con- ferring with the Chief Engineer, and approved by the Director and shall include a minimum of: a. lot grading and grass planting; b. parking area; c. adequate drainage; d. comfort station. 8. That the minimum type of improvements for building permit subdivisions be determined in the same fashion as land subdivisions. 9. That equitable credit by cost estimates of the facilities being provided f'or be determined by the Chief Engineer. SECTION 10. CREDIT FOR PARKS AND PLAYGROUNDS. Where lands for park and playground were dedicated or provided in perpetuity prior to the effective date of this ordinance, such land, including physical facilities, may be credited towards the park land which could otherwise be required under Section 7. SECTION 11. OPTION OF LAND DEDICATION OR PAYMENT OF FEE. A. Procedure. The option to dedicate or provide land in perpe- tuity, pay a fee, or a combination thereof, shall be determined as follows: - ~- 1. Subdivider. The owner of the property shall file a preliminary subdivision map or building plan, and indicate his intentions to dedicate or provide: (1) land in perpetuity for recreational purposes; (2) to pay a fee, or (3) a combination of dedication or provision of land in perpetuity and payment of fee. If he intends to dedicate or provide land in perpetuity, he shall designate the area thereof on the preliminary subdi- vision plat or building plans as submitted. 2. Action of the County. Prior to preliminary approval of a land'stibdivision or preliminary plan approval of a building subdivision, upon concurrence by the Director of Parks and Recreation, the Planning Director shall determine whether to require a dedication or provision of land in perpetuity, payment of a £ee, or a combination of dedication or provision of land in perpetuity and payment of fee. B. Determination. Whether the County accepts land and facilities for dedication and County maintenance shall be determined by consider- ation of the following: 1. The land to be dedicated or provided in perpetuity is added to existing County or State parks or is part of proposed General Planned parks or Park Master Plan. 2. The land to be dedicated or provided in perpetuity contains areas that specifically conform to the policies and standards of the Natural Beauty, Historic Sites, or Natural Resource and Shoreline elements of the General Plan. 3. The size, shape, topography, geology, access, use and location of the site are suitable for park and playground pur- poses, and such park and playground meet the need of the purchasers or occupants of the subdivision and are in accordance with the policies and standards of the recreational element of the General Plan or Park Master Plan. 4. Prior to final approval, the type of park improvements to be made for land subdivisions shall be determined by the Director of Parks and Recreation and the subdivider, upon con- ferring with the Chief Engineer, and approved by the Planning Director and shall include a minimum of: a. lot grading and grass planting; b. parking area; c. adequate drainage; d. comfort station. 5. The site improvements and utilities required under the Subdivision Ordinance have been approved by the Planning Di- rector. C. Upon acceptance of the land and the minimum improvements and facilities through dedication or provision in perpetuity by the County, the County shall thereafter assume the cost of future improvements and maintenance of the entire area and facilities, except those private parks and playgrounds accepted under the provisions of Section 9. - B- SECTION 12. SEVERABILITY CLAUSE. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 13. EFFECTIVE DATE. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: November 7, 1.973 Date of Adoption: -9- S ~r t I ~ -l `: -"H OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OP HAWgII HIlO, HAWAII 96720 November 20, 1973 To: SECRETARY TO COUNCIL COMMI'1TEES Re: Bill No. 6 The following is the action of the Hawaii County Council adopted at its meeting held_ today Referred back to Planning, Research & IMvelopment Committee to hold public hearings. "~ ,_ ~ ~~ ,~ ~~ ~... COUNTY CLERK Refer: Bill No. 6 1, r, r . 2. Contains areas that specifically conform to the policies and standards of the Natural Beauty, Historic Sites, or Natural Resources and Shoreline elements of the General Plan as determined by the Director; or 3. Results in better serving the recreational needs of occu- pants or purchasers of lots or units in the subdivision, as deter- mined by the Director of Parks and Recreation and approved by the Director. C. The approved deviations or that portion which is the difference between the land area required under Section 7A and the land area dedi- cated or provided in perpetuity, shall be exempt from the fee requirement of Section 8. D. Land and building subdivisions involving twenty-five (25)lots/ units or less and all vacant lots and/or new units falling under the purview of Sections 4-F and 4-G shall be required the payment of fees only in the amount of $250 per lot/unit; provided, however, that the pro- posed subdivision represents the maximum feasible development possible for the subject land as determined by the Director. SECTION 8. MONETARY FEE IN LIEU OF DEDICATING OR PROVIDING LAND AND FACILITIES OR A COMBINATION OF MONETARY FEE AND DEDICATING OR PRO- VIDING LAND. A. Where a monetary fee is required to be paid in lieu of dedi- cating or providing the land and facilities in perpetuity, the monetary fee shall be a sum equal to the "fair market value" of the amount of land required by Section 7A, except as provided in Section 7D. B. "Fair Market Value" shall be determined as of the time of filing the final subdivision plat or building permit in accordance with the following: 1. The fair market value shall include the value of the subdivided land, including the site improvements and utilities which would have otherwise been installed should the land area for the park be required. 2. The County and the subdivider shall agree on the fair market value of the land. If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by majority vote of three land appraisers; one shall be appointed by the subdivider, one appointed by the County, and the third appointed by the mutual agreement of the County and the subdivider. The subdivider and the County shall equally bear the costs of the third appraisal. C. If the area of land which is provided in perpetuity or dedi- cated by the subdivider and approved by the Director pursuant to Sec- tion 11 is less than the land area required under Section 7A, the subdivider shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area provided in perpetuity or dedicated and the land area required under Section 7A, except as exempt by the provisions of Section 7B. D. Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall be deposited in a "park and recreation" fund. Payment may be in a lump sum at the time of final approval of the land subdivision or final plan approval for a - 5 - building subdivision; or 50~ at the time of preliminary approval of the land subdivision or preliminary plan approval of the building subdivi- sion, and the balance paid at the time of final approval of the land subdivision or final plan approval of the building subdivision. 1. All monies received shall be used for the acquisition and development of park and recreational facilities to serve the area in which the subdivision is located. Monies received may be expended on neighborhood or community facilities in reasonable proximity to the subdivision. Where a public park and playground presently serves a subdivision, such fees may be used for the pur- pose of providing additional facilities for that park or playground. The Director of Parks and Recreation shall determine the various park areas for funding purposes. 2. When funds are needed for t or implementing a plan to provide or the Director of Parks and Recreation writing to the Planning Director and approval, the Director of Finance is from the fund. ze purpose of site planning develop land and facilities, shall submit a request in the Mayor for approval. Upon authorized to release monies 3. No refunds shall be made for any land and building subdi- vision which the Director has granted final approval, except that credit may be given to subsequent subdivision of the same area. 4. All monies, interests, and other forms of earnings result- ing from the fee shall thereafter be the property of the County. The interests/earnings accrued from the fee shall be expended in the same manner as the fee itself. SECTION 9. CREDIT FOR PRIVATE RECREATIONAL AREAS AND FACILITIES. A. Where parks and playgrounds, including physical facilities, are to be provided in a proposed subdivision, and are to be privately owned and maintained by the future residents of the subdivision, such areas and facilities shall be credited towards the requirements of dedication or provision for park and playground purposes, as set forth in Section 7 or the payment of fees in lieu thereof, as set forth in Section 8. B. Such credit shall be subject to the approval of the Planning Director, upon consultation with the Director of Parks and Recreation, subject to the following requirements: 1. That yards and other open areas required to be maintained by the zoning and building regulations not be included in the com- putation of such private recreational area and facilities; 2. That the size, shape, topography, geology, access, use and location of the site are suitable for park and playground purposes; 3. That the physical facilities and improvements provided for meet the needs of the purchasers or occupants of the subdi- vision, and are in accordance with the policies and standards of the recreational element of the General Plan and Park Master Plan; 4. That the use of the site is restricted for park and play- ground purposes by recorded covenants which shall run with the land for the use of the purchasers or occupants in the subdivision; - 6 - NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held on Tuesday, May 20, 1975, in the Councilroom, Hawaii County Building, Hilo, Hawaii, at 7 p.m. before the Hawaii County Council's Planning, Research, Development and Legislative Committee concerning proposed Bill for an Ordinance No. 6 relating to dedication of land for parks and playgrounds or the payment of money in lieu thereof, as a condition precedent to final approval of a subdivision. Copies of the proposed Bill may be obtained from the Office of the County Clerk, Hawaii County Building, 25 Aupuni Street, Hilo. Hawaii. All persons desiring to express their views on this matter may do so orally or in writing at the public hearing. Dated at Hilo, Hawaii, this 8th day of May, 1975. `~ V ~.w~' 0~.~ CHAIRMAN, PLANNING, RES ARCH, DEVELOPP~fENT & LEGISLATIVE COMMITTEE (Hawaii Tribune-Herald: May 13, 16 & 19, 1975) Hilo, Hawaii Date: November 7, 1973 FIRST READING AYES NOES A/E Car enter X De Luz X Farias X Fujii X Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 9 Publication Date: NOV 15 1973 Hilo, Hawaii Date: July 9. 1975 SECOND S FINAL READING AYES NOES A/E Carpenter X De Luz X Levin ~ikys X Fujii X Hisaoka X Kawahara X Lai ~4f4D7Q3hlc X Yadao X Chr. Yamada X 9 Publication Date: ,~UL 1 ~ 1375 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. • ~ ^'~'^ Council Chairman , ,r"'ri, I ~ S .' County Clerk ~~ ~., ... . '~, ApprovedfGiw~}proO€d this- ~ ~ ~.-day of 1 -1.c ~.~ 19~.. -• Mayor, Counfy of Hawaii ~~i~ / Bill No. 6 _ Reference: C-541/PRDC-19 M.B. No. Ord. No. ORDINANCE NO. 129 (Bill No. 6-1975) AN ORDINANCE AMENDING THE HAWAII COUNTY CODE, AS AMENDED, BY ADDING A NEW CHAPTER RELATING TO DEDICATION OF LAND FOR PARKS AND PLAYGROUNDS OR THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITION PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. Date Approved: :July 9, 1975 Date Effective: September 30, 1975 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on July 9, 1975, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levin„ Yadao and Chairman Yamada - 9. NOES: None. ~~ COUNTY CLERK COUNTY OF HAWAII (9!0-Xaw1111 TYIWM-NwMtl{ ' JuIY O, 1f/A ' N L~ y. Ted T. Suzuki '_-'~~- COUNTY CLERK `_ H OFFICE OF THE COUNTY CLERK COUNTY CF HAWAII MILD, HAWAII 96720 Mayor Herbert T. Matayoshi County of Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. 6 Robert Shioji DEPUTY COUNTY CLERK passed by the County Council on second and final reading. ~~ o~ _ COUNTY CLERK Encl. Dated: JUL 1' ~ 1975