HomeMy WebLinkAboutORD 1976-206 1976-1980
BILL NO. 220
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.. N~~6
AN ORDINANCE AMENDING SECTION 7.04, THE :KAILUA URBAN ZONE MAP OF CHAPTER 8
(ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE
DISTRICT CLASSIFICATION FROM RESORT-HOTEL (V-.75) TO SINGLE FAMILY RESIDEN-
TIAL (RS-7.5) AT WAIAHA :LST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY
7-5-18:86.
BE IT ORDAINED BY THE COI7NCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 7.04 of Chapter 8 (Zoning Code), Article 2,
Hawaii County Code, as amended, is hereby further amended by adding
thereto the following subsection:
"7.04(1). The district classification of the following area
situated at Waiaha 1st, North Kona, Hawaii, shall be Single Family
Residential (RS-7.5):
Beginning at a pipe in concrete at the northeast corner of this
parcel of land, the coordinates of which referred to Government
Survey Triangulation Station "KAHELO" being 3508.52 feet North
and 1393.94 feet West, and thence running by azimuths measured
clockwise from True South:
Along the westerly side of the
old Kailua-Keauhou Beach Road
for the following two (2) courses:
1. 350° 10' 27.70 feet to a pipe in concrete;
2. 330° 22' 60.00 feet to a pipe in concrete, thence;
3. 75° 54' 77.84 feet along Lot 1 of Land Court
Application 1854, to a spike in
concrete at the western face of
seawall at highwater mark;
Thence along the western face of
seawall at highwater mark, the
direct azimuth and distance to
a "+" cut on rock on seawall
being:
4. 171° 08' 85.79 feet;
5. 255° 54' 56.00 feet along Grant 4344:1 to Kulani
at Puaa 3, to the point of begin-
ning and containing an area of
0.120 Acre.
~.
"All as outlined in red on the map attached hereto, marked
Exhibit 'A' and by reference made a part hereof."
SECTION 2. Section 1 of this ordinance shall take effect forthwith
upon the condition that all applicable rules and regulations pertaining
to the Single Family Residential - 7,500 (RS-7.5) zoned district of the
plied with. Should the foregoing condition not be met, rezoning
area to its original zoning designation may be initiated.
SECTION 3. In the event that any portion of this ordinance is
declared invalid, such invalidity sha1:1 not affect the other parts of
this ordinance. royal.
SECTION 4. This ordinance shall take effect upon its app
INTRODUCED BY:
~~ - i
COUNCILMAN, COUlGTY F HAWAII
Hilo, Hawaii
Date of Introduction: F~nri1 12, 1.976
Date of Adoption: Mav 7, 1976
Date Effect.i.ve: Mav 14, 1976
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SGE OIC'pINANGE NO_=?=FOIE ) Y
LC-SAL OESC211°TION cF TH- ____~- I
ASOVC- ZONC- CHANGE. - a
AMENDMENT' TO THE ZONING CODE
AMCNO1~lENT NO, Ic' OF CHAhTCIw 8 (ZONING COl~C),
AIeTICLC Z, SC-°CTrON 704, THE KAlLUA U-er3AN ZONE
MAr, cHANGINIS THE aISTI@ICT CL.ASSlFICATION
FIEOM IeE5027' - f-iOTC-L (V-_75) TO SINGLC- FAMILY
It_CS10>=NT'IAL. (R°5 -7.5) PT WAIAHA IST, NOIeTI--F
KONA, HAV~lAI1.
DAI 1= OI° I°UHLIC HBA(-'cfNG = MA2CH 4, 1°J76
BATE OF APPILDVAL In Fri Imo, i°-~-'~
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I°R_E'l~AIEI.D DY = r°LANNING CJC-PAR_TM ENT
COU NT I' or HAYVAI I
TMK = 7-S -IB ~ 86 MA2C1--1 S, 1°76
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AMENDMENT 'i'O 'F'HE ZONING CODE
AMCNUNI@NT NO. ~~ OF CHAI°TEfL 8 (ZONJNG COpC),
AR_TICLC- 2, S~'_CTION Z04, THE KAIt_UA U2C3AN ZONE
MAC CHANGIN~S THE 1715TR°ICT Cl._ASSII°ICATION
F~30M IC3ESOfd'('-HOTCI- (V--75) TO SINGLC- F'AMIt-Y
Il_C-Slf~>=IJTIAL /ICS-~.5~ Pte' WAIAHA 1ST, NOIOTH
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02.DINAi~ICC- NO- ~O:p
1°R_E PAl11°..~=~ DY ~ I°LANNING bC-PAIC'TM ENT
CoU NT 1' or HAWAII
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AMENDMENT 'i'O THE ZONING CODE
AMENO!`/IENT NO, I c? OF CHAI°TC2 8 (ZONJNG COaC),
AIeTiCt.,_C H, SC-=CTtON 7.04, TI--IE KA1t._UA UIP_l3AN ZONE
MAr, CHANGING THE aISTR°ICT Ct_ASSIFtCATION
FIEOM IeESOfP-'(' -HOTEL. (V-_75) TO SINGt_C FAM11_Y
R_CSIDLNTIAL (ICES-~,5~ f>T WAIAHA 1ST, NOICTH
KONA, HAV~IAII.
~ATL Of I°UHLIC HEA2fNG MA2CH 4, I°J76
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1°IEEf~AIEF=p DY 1°I-ANNINQ pC-PAIL°TM ENT
COUNTY Or HAWAII
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EXHIBIT "A"
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APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: ANTHO)43LA. PAUL
APPLICANT'S SIGNATURE:
ADDRESS:
Hilo, Eawali 96720
TELEPHONE: 935-3263
REQUEST FROM: V-.7S TO: }?S 7.
Formerlys 0.232 ac.
TAX MAP KEY: 7-5-18-86 AREA OF PROPERTY: Reduced to:0.120 ac.
(siae of parcel)
OWNER:
OWNER'S
APPLICANT'S INTEREST, IF NOT OWNER: LESSEE to Year 2032
(If lessee, must be for at least another 5 years from date of application)
APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attaehl
I. Please explain how the requested change of zone would be consistent
with the goals, policies, and courses of action (if applicable) of the
General Plan document. Also, please indicate specifically which goals,
policies, and courses of action are involved. (Copies of the General
Plan doczanent are available at public libraries and at the Ha+uaii
County Planning Department.)
2. Please state any other reasons for your request.
THIS APPLICATION MUST BE ACCOMPANIED BY:
(I) 16 copies of the completed application form.
(2) 16 copies of a location map.
(3) 16 copies of a site plan with existing and proposed uses
(e.g., structures, topography, proposed subdivision).
(4) I copy of appropriate questionnaire.
(5) any additional information.
(6) SI00.00 processing fee.
,
FOR OFFICIAL USE:
Date Received _
Dl rector's Action
Prelim. Hearing _
Public Hearing __
To Council
P.D. I 2/75
JO~EFH G'?tinS, Kailua-Kona, Hawaii
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ATTACHPIENT
Residential Rezoning
PLANIQING DEPARTMENT
COUDTTY OF HA[9AI2
APPLICATIOIT FOR CHANGE OF ZONE
1, If your request is approved, do you intend to subdivide the NO
subject land in accordance with the approved change of zone? _
If yes, please answer the rest of question 1 and then
to question 3,
a, How many acres of the requested area do you intend
to subdivide?
b, Into ~•rhat lot sizes?
c, If your re~~uest is approved, approximately how long
after the date of approval do you expect to submit
'your subdivision plans to the Planning Department
for preliminary approval?
d, Do you intend to build houses on the newly created
lots? nrn
If des, please answer the following questions;
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how lcng, after approval of
the subdivision, would the first house be
available for occupancy?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form,
2, If you have no firm plans of subdividing the subject area,
do 'you intend to:
a, Sell or lease the land to someone caho has firm plans?
b. Sell or lease the land to someone caho has tentative
plans? _`
c, Sall or lease the land to someone caho has no plans? _
d. Keep it? ~~S
e, Other (please state;
To conform to CY!apte~r 8, Sectl~n 7, to wit: Shoreline Setbac'_~
Llne i3e~;ulatinn. After a recent re-survey, to conform wltil
the Shoreline =?eau?.etlon, this pr~nert,y h~.r oeen reduced in
sizo from 0.232 ac. to 0.120 ac.
f, If you intend to do either a, b, or c, please
elaborate on the kind of plans the other party
has, Please, also, include in your anscaer
approximately how soon after approval of ycur
rezonin; da you expect to transfer the subject
land to another party,
3, Do ycu think that your request and your further
plans for the land mill alleviate the local
housing situation?
How?
4, Are there any buildings on the subject area? YES
If so, what kind? Cotta~*e, residential
~+]hat do you intend tc do with those buildings if
your request is approved?
KEEF IT.
5, Is the subject land currently being used fcr any NO
agricultural activity? _
If so, please list the kinds of products grown
and cn hoca many square feet or acres of land per
product,
6, To your knoialedge, has there been any flooding
and/or draina~7e prcblem on the subject area? NO
If so, please describe the problem,
7, Do 'you think that the roads leading to the subject
area needs improvement?
If so, what kind?
present
Is the road adequate for the ~rYd!'r~ traffic
volume or load?
B, I7hat sort of governmental assistance and/or improvements
do 'you feel will be needed in the subject area when
developed?
Y ~SS
Yes No
a, Schools X
b, Roads X
c, sewer X
d, Drainage X
e, Police Protection ;{
f, Fire Protection ;~
g, Recreational Facilities ;{
h, Public Utilities X
i, Other X
For those checked "yes", please elaborate what type or kinds
of improvements and/or assistance are needed,
..~ /
Signature ~ ~ ls~ ~~'~~:"--
~ddress ; 1~'U~i-~"i ~ Gf~~~"
Telephone ~~~~~,/=-~l'~-~
Date ~ ~~~~~_~
NO
-3-
CHANGE OF ZONE: ANTHONY PAUL
The applicant, Anthony Paul, is requesting a change of zone
for 0.12 acre or 5,227 square feet of land from a Resort-Hotel
750 square foot (V-.75) to a Single-Family Residential 7,500
square foot (RS-7.5) zoned district. The area under consideration
is located along Kahakai Road, approximately 300 feet makai_ of the
Alii Drive-Y.ahakai Road junction in the vicinity of the Kona Hilton
Hotel, Waiaha 1st, North Kona (TMK: 7-5-18:86).
Originally, thE: property was 10,188 square feet in size.
However, after conducting a shoreline survey of the property recently,
the applicant has found that his land area has been reduced by almost
half. Since a single family dwelling presently exists on the property,
and since the land area is so small, the applicant does not intend to
use the property for any resort-hotel uses. As such, he is applying
for the change of zone.
The General Plan `Land Use Pattern Allocation Guide: D1ap designates
the area for' "Resort" uses. The area is further identified a.s a Major
Resort Area, which i.s a self-contained resort destination area which
~i
provided basic and support facilities for the needs of the entire de-
velopment. However, since the request would allow for a lesser density,
Ii. ~,:, pr.uc,.,-~.+ cry..,
Athe requested RS-7.5 zone ~m~-ay be permitted within thpe General Plan's
"Resort" c].a ssificat:ion. ~i~~~ ~ ~~"`~ti~~a~ /~"~''°*'C~W ~o.~Pd ~+`^%`"'+~
Y~'1+~?.s.~. ~wa.e a~a, c.~.4..s -..C ...`+'.:. -~^~ ~•3h~w~44. @~-. C, la'! ayn..-J~~ ~g$.., c.%,
The subject area is al:o situated within the Shoreline Environ-
mental Protection's Special Management Area (SMA). As such, any
change in the intensity of the present usage of the property ~'``°~ re-
~~
quires ~ the appli.canthge through the SMA P.ssessment and/or permi..t
Change of Zone: Anthony Paul
Page 2
procedure.
The minimum building site requirement under the present V-.75
zoned district is 15,000 square feet. As such, the present lot size
of 5,227 square feet: is non-conforming, z~--~b~---pea~e~vt. Under the
requested RS-7.5 zoning, the minimum building site requirement is
7,500 square feet. Thus, should the requested change of zone be
granted, the parcel would continue to be non-conforming in this
respect.
As stated ear]_i.er, a single family dwelling which the applicant
intends to retain i;: presently located on the subject parcel.
Surrounding land uses include the Hale Kona Kai Condominium, the
Kona Hilton Hotel, single-family dwellings, a miniture golf' course,
a drive-in restaurant, and vacant land. Other zoning in the area
include V-.75, RM-1,. and RS-10. The RS-10 zoned district is located
across Alii Drive and approximately 400 feet east of the subject area.
For the Commis:~i_oners' information, the subject parcel is owned
by Joseph Comes and is leased to Anthony Paul to the year 2032. The
parcel to the south, which is 2.244 acres iri area, is also owned by
Joseph Gomes.
The subject parcel fronts the 30-foot wide Kahakai Roac4. All
essential utilities are available to the area in question.
There are no significant historical or geological features
attributed. to the property.
Upon .review of the subject request, the Department of Trans-
portation commented that "Ap,proval of the proposed action would
Change of Zone: Anthony Paul
Page 3
result in spot zoning within existing V-.75 zone."
The Department of water Supply stated the following:
"We have no objections to this application inasmuch as this
action will down zone the existing usage to a lesser number
of units possible. Also, we understand that there already is
an existing residence on this parcel."
All other coops;rating agencies had no comments on or objections
to the requested change of zone.
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Bill No. 220 - ].976
AN ORDINANCE AMENDING SECTION 7,04, THE KAILUA URBAN ZONF, MAP OF
CHAPTER 8 (ZONING CODE) ARTICLE 2, HAWAII COUNTY CODE AS AMENDED,
BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT_HOTEi, (V-,75) TO
SINGLE FAMILY RESIDEN'PIAL~ (RS_7,5) AT WAIAHA 1ST, NORTH KONA, HAWAII,
COVERF,D BY TA?C MAP F'R;y 7-.5_? a - q6
T'ai'" Tti.11 amends !:he P: i ~~.r;~ TJ>-han 'hone Map of the 7,oning Code,
Date Introduced: April .12, 1976
Copies of the foregoing Bill, 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 Bill passed fist reading at.
the meeting of the !'ounty Council on April 12, 1.976, by the following
aye and no vote:
AYES: Councilmen C~irpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai,
Levin, Yadao and Chairman Yamada - 9,
NOF,S: None,
~~ ~
COUNTY CLERK
COUNTY OF HAWAII
ORDINANCE NO. 2~6
(Bi.ll No. 220-1976)
AN ORDINANCE AMENDING SECTION 7.f!4, THE KAIhUA iJRBAN ZONE MAY OF
CHAPTER A (ZONING CODE), '1RT7rLF. 2--, HAWAII COUNTY CODE, AS AATF.NDED,
BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL (V--. 75)
TO SINGLE FAMILY RESIDENTIAL JRS-7.5) AT WAIAH.A 1ST, NORTH KONA,
HAWAII, COVERED BY TAX MnP KF,Y 7-~S-1F:R6.
Date Anc~roved' May 7, 1976
Date F.ffectiv~: Mav 14, 1976
Copies of the foregoing Ordnance, in full, are nn file in the
Office of the County Clerk for use and examination by the public.
I hereby certify that the foregoinc Ordinance passed sPCOTtd and
final. reading at the meeting of the County Counc+] on May 7, 1976,
by the ~ollowino aye and no vote:
AYF.Sc Councilmen Carpenter, Fujii, Hsaoka
Yadao and Chairman Yamada - R.
NOES: None.
.ABSENT AND F,XCUSN:D: Councilman De Luz - 1.
Kawahara, Ia' Levin,
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COUNTY CLEKK
COUNTY OF HA47AI7
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Ted T. Suzuki '
e'w kobert Shiol
COUNTY CLEkY, ~ ~~~F o;4! DEPUTY COUNIYICLEkK
OF"FICE QF' THE CQi.1NTY CL.Efil4
COUIJTY OF HAWAII
HILO, HAWAII 5672[1
Mayor Herbert T. Matayoshi
Color tv of Hawaii
Hilo, Hawaii
I hereby transnit Ordi-nance Bill DTo. 220
passed by the County Counci_1 on second and final.
reading.
../
Encl.
Dated: Mav 7. 1976
r
Hilo, Hawaii
Date:
FIRST READING
AYES NOES A/E
Carpenter X
De Luz X
Fujii X
Hisaoka 7{
Kawaharo X
Lai X
Levin X
Yadao X
Yamada _ X_--_- --_.
9
c v.
Publication Date: ApT'i 1 1 _.976
Hilo, Hawaii
Date: MaY 7, '1976
SECOND 8 FINAL READING
AYES NOES A/E ~,
Carpenter }(
De Luz X
Fujii X
Hisaoka X
Kawahara X
Lai X
Levin X
Yadao X
Yamada _ _ _ X - _
8 __ -- -- --
~
Publicotion Date:
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above
Council Chairman
\~~
County Clerk
1 i '7
<~ ~_
Approved/8ieapp++wd this- ~ '_-. ..day of
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_. _- -_~~_~__ _ 79. ~ _.
_ _ ~_ ~_ _
Mayor, County of Hawaii /~
Bill No. 220
Reference: t'-~ P07/PRDLC-74
~ ~ ~ -._--
M.B. No. ~~ __
Ord. No. __4T_l~L__.__
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COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. 6z
AN ORDINANCE OF THE COUNTY OF HAWAII, STATE OF HAWAII, ESTABLISHING
PROCIDURES 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
REGUL4TIONS PRESCRIBE THE PROPER WIDTH AND ARRANGEMENT OF STREETS,
PROVISION FOR INSTALIATION OF PUBLIC UTILITIES AND PROVISION OF
ADEQUATE OPEN SPACE (FOR RECREATION AND COMMUNITY FACILITIES),
SPECIFYING PROCEDURES FOR THE ADMINISTRATION AND ENFORCEMENT HEREOF;
AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII:
Section 1. TITLE
Thie Ordinance shall be known as the Subdivision Ordinance.
Section 2. ADMINISTRA'ION
This Ordinance shall be applied and administered within the framework of
the "County Gener+~l Plan" which is a long range, comprehensive, general
plan prepared or being prepared to guide the overall future development
of the County. S:;id "County General Plan" shall consist of that portion
of the "State`s G+;neral Plsn" that applies to the County, or such leaser
portion thereof as the County may adopt, together with those "Comprehensive
or General Plana" for sections of the: County which may hereafter be
adopted as amendments to or portions of the "County General Plan."
Section 3. DEFINITION:i
A. The following words and phrases, unless the context otherwise requires,
shall mean:
1) ALLEY. A narrow street through a block primarily for access
by service vehicles to the back or side of properties fronting
on another street.
2) ARTERIAL. A street of considerable continuity, which is
primarily a traffic artery for intercommunication between or
through le+rge areas.
3) BUILDING hINE. Aline on a plat indicating the limit beyond
which buildings or structures may not be erected.
4) BUREAU OF CONVEYANCES. A Bus•eau, a portion of the Department
of Land and Natural Resourcee~, State of Hawaii, where subdivisions
meeting tY+e requirements of this Ordinance may be filed.
5) CHIEF ENGI'.NEER. The Chief Engineer of the Department of Public
Works of the County of Hawaii..
6) CITY OF HI LO. That portion of the district of South Hilo, County
of Hawaii, which is described. ae follows: Bounded on the South
by the district of Puna; bounded on the West by the districts of
Kau and North Hilo; on the North by the ahupuaa of Paukaa in the
district of South Hilo; and on the East by the sea.
Sri. 11w ~.- ~ ~ ~
File Nt.
M. ~. Ito.
1+rtw __
7) COi~>NIISS:[ON. The Planning Commission of the County of Hawaii.
6) COUNTY GENERAL 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-DE--SAC. (Dead-end street) A street with only one end open
to trafS'ic.
10) DIRECTOR. The Director of the Planning Commission.
11) DIRECTOR OF TRANSPCRTATIOPd. The Director of the Department of
Transportation, State of Hawaii.
12) DISTRICT EA'GINELR. 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) ENGINEER. 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, REVIsRSED CORNER. A corner lot, the side street line of which
is substantially a continuai;ion of the Front lot line of the first
lot to ii;s rear.
1~) LOT, REVERSED FRONTAGE. A lot situated between an existing or
proposed arterial street and a minor street with frontage and
access being derived from tYte minor street.
18) LOT, THROUGH. A lot having frontage on two parallel or
approximately parallel streets other than alleys and access being
derived S'rom either of the t,wo streets.
19) I°1ANAGLR. The Manager of the Board of 6Jater 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 WAY. @ 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 a:ny legal entity, including any
trustee receiver, assignee, or other similar representative
thereof.
23) PIAT. The map or drawing on which the subdivider's plan of
subdivision is presented and which he submits for approval.
24) RESERVE S'[RIP. Anon-access reservation, placed under public
control with conditions approved by the Director, along rear
property :Lines of reverse i'rontage lots.
25) RIGHT-OF'-1JAY. The area between property boundary lines for use
as a street or as a drainage or utility easement.
- 2 -
26) ROADb1AY.. The portions of a street right-of-way developed for
vehicular traffic.
z7) SANITARY ENGINEER. The Sanitary Engineer of the State Department
of Health for the County of Hawaii.
28) SIDEWALb.. 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, BUSI~,SS OH INDUSTRIAL. Tiny street providing primary access
to business or industrial lots.
31) STREET, COLL%CTOR. 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 fur access to abutting properties.
32) STN:r_ET, HALF. A portion of the width of a street, usually along
the edge of a subdivision, where the remaining portion of the
street is to be provided in another subdivision.
33) STREET, taARGINAL ACCESS. (E~ervice road) A minor street, parallel
and adjacent to an arterial, providing access to abutting
properties, but protected from through traffic.
34) STREET, N.iINOR. 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 fro;n a. subdivision into adjacent lands
that may be subdivided in the future.
37) SUBDIVIDE. LANTi. Lnproved o:r unimproved land or lands divided
into two or more lots, parce:Ls, sites, or other divisions of land
for the purpose, whether immediate or future, of sale, lease,
rental, transfer of title to or interest in, ax~{y 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„ easements for the purpose of road
and utilities shall not be construed as subdivided land.
38) SUBDIVIllER. 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, itseaf, or for others.
39) SURVEYOR: A person duly registered as a professional land
surveyor i.n the State of Hawaii.
Section 4. SCOFF OF Rc,GULATIONS
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 iiawaii, 1965, all subdivision plats and all streets or
ways within the County of Bawaii created for the purpose of partitioning
land shall be approved by the Director in accordance with these regulations.
- 3 -
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. PRE'LINIINAItiY PLAT
A. INITIAL STEPS. A subdivider may call at the Commissions office for
information ;^egarding procedure;> and general information that may
have a direct influence on the proposed subdivision.
B. SUBMISSION. 'f he subdivider shall prepare a preliminary plat together
with improvement plans and other supplementary maaterial required to
indicate the general progreun and objectives of the project, and shall
submit six (6) copies, or more if re;uested by the Director, of the
preliminary plat and other supplementary material to the Commissions
office.
All pertinent, information on the preliminary plat shall be drawn to
scale.
L~here 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 i.n 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 (B 1/2) inches
by thirteen (13) inches. Yvhen rrAOre than one (1) sheet is required, 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
`Pax Office.
d. Names and addresses of the owner or owners, subdivider, engineer,
or surveyor who prepared the plat.
e. T'he approximate lot layout and. the approximate dimension and
area of each lot.
f. Acreage of proposed subdivision and number of lots.
g. A title report issued by a licensed title company in the name
of the owner of the land, showing all parties whose consent
is necessary and their iiaterests in the premises when required
by the Director.
4 -
2) EXISTING CONDITIONS
a. Location, width and .:gauss of al.-i. existing or platted streets
or other public wa;~s withir. cr adjacent to the tract, together
with easements, other rigPrt.s-of-way, and other important
features, such as .orr:ars, property boundary lines, and
control o.f accees lilias adjacent to State highways.
b. 6dher, required by tl,e I,~rc>^tor, oon',ours at vertical intervals
of f:i.ve (5) feFt where 'cr,~~ slops Ls greater than ten (10) per
cent. L•].c:vatior~s sliaiJ he ma-ked on such contours based on
an esi;ablished a,nch ma:,i: or other datum approved by the Chief
En~;i.neer. Tri additi_~u. , zclr ;ontours as may be required by the
Bo~~rd o1' Dater Supp_y, Dehartinent of Health and County Public
6aork~s Department. shal_ oe shoom.
c. The location snd. :i~rec.ion of all. water courses and approximate
location o~. a.eas r;ub.act to inundation or storm water overflow.
d. Existing uses of propert.;y, ncluding location of all existing
structures, wells, cist::rns; l;rivate sewage disposal systems,
utilities, etc.
e. Zoning en and adjacent to the tract.
3) PROPOSED PLAb] OF LtNi) F:43"CIT:LONING. The following information
shall be in,audec'. cil the nraliminary plat:
a. Streets showSrg location, widths, proposed n~.nres, approximate
radii of uuraes. The relationship of ail streets to projected
streets showy, on the County General Plan adopted by the
Commission, or if there is no complete County General Plan,
projected streets sug~e_aed by the Director to assure adequate
trafi'ic circulation iir the area,
b. lixistinp__ and proposed easements, showing width and purpose.
c. .Lots, showing approximate dimensions, minimum lot size and
proposed lot and block numbers,
d. Sites, if any, allocated for purposes other than single family
dwell:ings~
4) EXPLANATORY INFORNi~1TI0i. The following information shall be
included on and/oi• 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. Propoe;ed deed restrictions in outline form if arty.
c. The approximate locationz withir. 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 regarding tivater system to be installed, including
source., quality and quantity of water.
e. Provisions for sewage disposal, drainage and flood control
which are proposed.
-- 5 -
f. Parcels of land proposed to be dedicated 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
regu]_ations, State laws and other applicable County ordinances.
Section 6. FILING FEiS
Each application f'cr a subdivision i.s subject to the payment of the
following fee: Fifteen dollars 01;.00) plus three dollars 03,00) 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 any 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 0100.00) per acre and. proportionate fee for
fraction of acre thereof,
The payment of the filing fee shall be made at the Commission's office and
payable to the Treasurer, County of Hawaii, This f'ee is not refundable.
Section 7. PRELIiIINARY PLAT REVIitia
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 Engineer and Sanitary Engineer, and in
addition the District Engineer when a subdivision is adjacent to a
State highway or proposed State highway.
The above listed officers shall review the preliminary plat with the
Director.
Section 8. TENTATIVE .APPROVAL OF PRELIi~~I:NARY PLAT
A. laithin 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 o:F the preliminary plat shall indicate
the Director's directive to prepare detailed drawings on the plat
submitted, provided there is no change in the plan of subdivision as
shown on the preliminary plat and there is full compliance with all
requirements of this Ordinance. The action of the Director ocith
reference to any attached documents describing any conditions shall
be noted on ti~.~o (~) copies of the preliminary plat. One (1) copy shall
be returned to the subdivider an<i the other retained by the Director.
At such time the Director shall stamp the above two (2) preliminary
plats:
"Subdivider authorized to prE:pare detailed drawings on
plat as submitted including corrections noted."
"Recordation with the Bureau of Conveyances, State of
Hawaii, not authorized urti:L approved For record at a
later dai;e."
B. If no action (approval, disapproval, modification or deferral.) is taken
by the Director within forty-five: (45) days after submission of the
preliminary plat, or such longer period as may have been agreed upon in
-6-
writing, the: preliminary plat shall be deemed approved, and it shall
be the duty of the Director to endorse its approval of the preliminary
plat upon the face thereof.
Section 9. DESIGN STANDARDS kIJD kE~UIFii,AiE,TJTS OF' SUBDIVISION
Each subdivision. and the map thereof shall conform to the following
standards:
A. PkINCIPL35 OF ACCEPTABILITY
Subdivisions shall conform to the County General Plan and shall take
into consideration preliminary plans made in anticipation tkiereof.
Subdivisions shall conform to the requirements of State law, County
Department of Fublic 6uorks, State Department of Health, State
Department o:C' Transportation, and County Board of Water Supply
requirements and the standards established by this Ordinance.
B. CREATIOTd OF STREETS
1) The creation of streets shall be in compliance with 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
genex•al 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
ownex•ship of one (1) acre or less.
c. The tract in which the street is to be dedicated is an isolated
ownex•ship of a size and with special existing physical
conditions which make it. impractical to develop more than three
(3) lots.
C. STREETS
1) GENERAL. 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 ir. 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) rTINlilUi~i RIGHT-OF-WAY AND PAVh,T~,F,NT WIDTHS. Unless otherwise
indicated on the County General Plan, the width of streets in
feet shall not be less than the nunimums shown in the Following
table:
-7-
Nliniuium
Type of Street Right-of-Yuay Pavement
Parkways 300 24.
Primary Arterials 120 24,
Secondary Arterials 80 60' (urban)
24' (rural)
Business & Industrial Streets 60 24~
36 (agriculture)
(urban)
24' (rural)
24' (agriculture)
Collector Streets 60 24' (urban)
20' (rural)
20' (agriculture)
Minor Streets (Streets genera~ly 50 20' (urban)
not exceeding 1,300 feet in 20' (rural)
length 20' (agriculture)
Cul-de-sac (Dead--end street) 50 2.0' (urban)
20' (rural)
20' (agriculture)
Radius for turn around at end 45 35' (urban)
of cul-de-sac 35' (rural)
35' (agriculture)
Alle
Y 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
shal'_ be thirty-two (32) feet wide.
3) RESERVE :,TRIP. 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 Elaced definitely within the
jurisdiction of ':he County or State under conditions approved by
the Director.
4) ALIGNI~F;hT. As far as practical, all streets shall be in alignment
with existing streets by continuations oi' the center lines thereof.
The stagger_.ng of streets nicking "T" intersections shall be so
designed and adjusted with curves and diagonals, that jogs are not
less than one hundred fifty- (150) feet measured along the center
line o£ the trough street.
1f -~.t is not possible io al.i,gn the streets of a new subdivision with
existing roads o1' an adjacent traci;, 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 riininum of fifty (50) feet along to the beginning
or end oS .he curve. Although such reverse curves are not objection-
able in residential areas, they shall. be avoided in commercial and
industrial distx•icts,
5) F'UTbRE EY`CF,NSIO:~ CF STFrPETS. 6Jhere necessary to give access or
permit ~ satisfactory future subdivision of adjoining land, streets
shall be extended `,o the bow7dary of the subdivision and the
resulting dead-erd streets may be approved without a turn-around.
Reserve strips and street plugs may be required to preserve the
objectives of sheet extensions.
6) IN'1'LRSECT:LOi'J Aiv'GLtiS. Streets shall be laid out to intersect at
angles as near i.o right arglEa as practical except where topography
- 8 -
requires a lessor angle, but in no case less than sixty (60) degrees
unless there i:, a special intersection design.
Intersections which are no+, at right angles shall have a minimum
corner radius of twenty-five (25) feet along the right-of-way lines
of the acute angle. All right-of-way lines at intersections shall
have a corner radius of rot less than twenty (20) feet. If unusual
topographical conditions exist that will impair sight distances
and create a traffic hazard„ the Chie£ Engineer may specify a larger
corner radius.
7) EXISTING STREL'iS. 'udhen existing streets adjacent to or within a
tract are of inadequate width, additional right-of-way shall be
provided at the time of subdivision.
B) HALF STRiSETS. }ub halt' streeas 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 .s showy. 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. ~udhenever 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 reouired to preserve the objectives of half
streets.
9) CUL-DE-SACS. (Dead-end streets) A col-de-sac shall be as short
as possible and shall not be more than six hundred (600) feet in
length nor serve mere than eighteen (18) lots, provided that longer
streets may be approved by the Director when unusual topographical
conditions exist, All col-de-sacs shall terminate with a circular
turn-around of forty-£ive (45) feet radius, 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 tkie situation.
10) STREET NAPiES. 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 na;nes stall coni'orm to the established pattern in the County
and shall be subject to the approval oi' the Commission and adoption
of same b,y the Hoard of cupe:rvisors.
11) GRADES AND CURVES. Grades o:f 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 ('7) per cent on major arterials, eight
(8) per cent secondary arterials, ten (10) per cent on collector
streets, or twelve (12) per rer:t 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 designod as to give
non-passing distance visibility in conformance with the following
minimum rf:quirements:
Vertical Horizontal
Classification Ourve Curve
Primary arterial 500 feet 500 feet
Secondary Arterial 500 feet 50C feet
Business or Industrial St. 500 feet 500 feet
Collector Street 500 feet 500 feet
i;inor Street 300 feet 300 feet
Cul-de-sac 100 feet 200 £eet
-9-
Variations from these grades or curves, may, however, be permitted
by the Director and the Chief ingineer where advisable to meet
topographical conditions; and the Chief Engineer may specify
additional standards accordingly.
12) MARGINAL ACCESS STf+EnTS. (Service road) 1Jhere 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. ci:istricts, tmless adequate permanent
provisions for access to of:f-street parking and loading facilities
approved by the Director have been provided. At street and alley
intersections, ten (10) feet radii shall be required.
14) PRIVAT ST'REfiTS. No private streets, alleys or ways shall be approved
unless they are improved as specified under Section 10, "IMPROVEMENTS
REC~UIRhD.
D. BLOCKS
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
topograpY~y.
2) SIZES. Eilocks shall not esc:eed two (2) tiers of lots in width and
thirteen hundred (1.,300) feed 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) i'eet, in length. Long blocks shall be
provided adjacent to arter_ia1 streets to reduce the number of inter-
sections. The. recommended m:inimwn distance between intersections
on arterial streets is eighteen hundred (1.,800) feet. Longer blocks
shall be used when };ossible.
The desired length for norr,ai residential blocks is from eight
hundred (800) to one thousand (1,000) .feet., lJhen the layout is such
that sewers will be instal~ed or easements for future sewer lines
are provided along. rear lot, line:,, the block should not exceed eight
hundred (800) feet in lergt.h.
3 ) EASEMI:P9TS
a. Natural 6Jater• Courses. where a subdivision is traversed by a
natural water course, drainage way, channel or stream, there
shall be provided a drainage easement or drainage right-of-way
conforming substantially with the lines of such water course,
and such further width as will be adequate for the purpose,
Streets or parlcveays F;arallel to water courses may be required.
b. Pedestrian nays. Ir. any block over seven hundred fif ty (750)
feet in length, the Director 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 (1G) feet.
- 10 -
E. LOTS
1) SIZE AND SHAPE. The lot size, width, shape and orientation, and
the minimum building setback lines shall be appropriate for the
location of the subdivision, the type o;' development and uses
contemplated and in conformance wii.h the rrovisions of the Zoning
Ordinance.
2) MINIMUI`i LOT SIZES. The minnum sues oi' ;~arioixs types of lots
shall be in co~nforn~ance with tha u._cvisS_on ^f the Zoning Ordinance
and shall be adequat.~ to rrovide r':;r i;he of'-street service and
parking :faciliti_es rersired b,y r,.ae tt~pe ~f nse and. development
contemplated.
Where proper+,y wi'l not be served b;y .a ru',lic sct!er, lot, sizes for
sewage d:i.sposal s~~stems sha.i:L ecnfcri,: ';:, ';hr requirements of the
State Health Dep.irtmenc and ;na11 take into corsideration problems
of water supY;~,~ and sewage disposal.
3) ACCESS. Each and every subdivided lot shall abut upon a public
street or approved private street. No lot;s shall be platted without
access on a street. 1'he Di.;ector may indicate the side or sides of
any lots from ,,~h;.,h dri_tev,sy access si:all be permitted or prohibited.
4) LO'I SIDE LIN:;F;. The side =fines oC lot: shall run at right angles
to streets upon ~.enic}: thF Jccc, face, or on curved streets they shall
be radial to the curve, as i~^ „s practicable.
5) THROUGH LOTS. C lot, having fxont~ge, on tvao parallel or approximately
parallel streets other than allc;;~ nnr. access being derived from
either of the two str:;et,s trowxi as tY~rcugk: otreets shall be avoided
except where assenti.al to ;~rovidF: separati_o1, of residential develop-
ment £rom major traf;'io a.ri,eri.:a o_• aujacan't non-residential
activities; or to vverrome= s:,pec~_fi:; dlsed~~anta~es of topography or
orientations
A planting scree. easement c±' at 7_ea '~,~ ('_O) feet, across which
there shall be riu ri;;ht of .ces: , ma~~ bs required along lot lines
abuttir:g such a traffic ar`~,er;~ :~_- oi,her disadvantageous use. A
througYi lot pith plur.tint; screens Sha:7_i have a minimum average
depth of one hundred tr,ent- :~'i~aa (7.25; i'ec
6) SUITABLE FOH INTI~:ND%D U;li. All fats .,hall ha suitable for the
purposes for which ~hry ~.r" ir~~aended t.: be sold and no dangerous
areas subject to peri~~dc inundation ;_n :;uch a manner as to
endanger the health o. stI'dt~r of idle. occupants ;hereof, may be
subdivided for residential. rurpo.ses:
F. LARGE LOT SUBDIVISiuiti
Tn subdividing tracts into 7arg,e 1o`.,s which at some future time are
likely to be resub:i-videci, the Din~ctor• ;nay require that the blocks
shall be of such size and shap-~, be =so divided intro lots and contain
such buildin~• site restrictions as w'_'_1 provide for extension and
opening of streets at interval>!~hi^h mill permit a subsequent division
of any parcel into lots ni' small^r size.
G. BUILDII~ LINES
If special building setback linen at variance with the provisions of
the Zoninc; Grdinancc are established in a subdivision, they shall be
shown on the snbdivi.sio;~: plat cr included in the deed restrictions.
11 -
H. NiONUNiENTS
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 ground.
I. LOCxTION GF UTILTTI];,S
In general, all utilities shall be located within the street width, and
government owned water mains shall be located ir. the paved areas,
except that water mains of a suburban water system may be located as
designated i.n the area betiaeexi the edge of pavement and. the property
line when approved by the Chief Engineer and ihanager. 4ahere 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 Froperty 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 a~ay be permit-
ted to cross the highway on a i:ine normal to the centerline of the high-
way. Under pertain conditioxrs -the utility may be permitted to deviate
from the normal line but in nc -ease shall the angle between the utility
and the normal line exceed forty-five (45) degrees.
If in the opinion of tiie Director, the Chief Engineer and Manager, the
most suitabla: and reasonable location; for any of the utilities, such
as sewers, story; drains, water and gas pipes, electric and telephone
pole lines and conduits, which are likely to be required within a
subdivisioxi, either for the service thereof or fbr the service of areas
in the surrounding territory, do not lie ~.vholly vaithin the street width,
the Director may require provisions to be made for the location of such
utilities on routes elsewhere tlxan within. said street width. The
subdivider shall designate the required area or areas for all such
utility locai;ions 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 iot lines except, for guy-wire tie-back easements, which
shall be three (3? feet wide by t~.h~enty {ZO) i'eet long along lot lines
at change of direction points of easements- except that this width may
be modified where the Chief Ln~i.neer or the County Board of Water Supply,
whichever is appropriate, finds that ~ greater or lesser width is
necessary or satisfactory for the purpose of the use of the area. Ease-
ments or rights-of-way £or all government owned utilities including
storm drains except those under the jurisdiction of the County Hoard of
':cater Supply shall be conveyed t,o the County of Hawaii and documents
shall be delivered to the Board of Su~,ervisors for acceptance. Casements
or rights-of-way for water fac:i].i_ties which are under the jurisdiction
of the County Board of Water Supply and the documents shall be delivered
to the Board of Supervisors for ace=_ptance.
J. PARKS, F.xYGROUNDS, SCHOOLS, ETC.
The subdivider of a parcel of land capable o£ 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 of its residents. Five (5) to ten (lO) 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-
standing natural or cultural features such as scenic spots, water courses,
fine groves cf trees, heiaus, historical sites and structures shall be
preserved.
- 12 _.
K. SPECIAL PROVISIONS FCH CF.d~iETLR;Is:S AND CRr;NiATORIUM5
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 RPIZUIRED
A. WATER SUPPLY. Any subdivision hereafter to be laid out within the
County of Hawaii :,hall be provided with water as follows:
1) Any subdivision shall provide a water system meeting the minimum
requirements of the County E'oard 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 requirements of this Ordinance,
the subdivider shall meet the minimum requirements of the State
Health Department relating to sewage disposal.
C. PAUEhiENT OF DEDICABLG STREETS. The subdivider shall grade, drain and
surface all streets hereafter constructed withir. 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 hereina.f'ter set forth and those on file with
the County Department of Public "+~orks and shall be installed under the
supervision of the Chief ,ngineer and to permanent grades approved by
him. All streets shall have sufficient thickness of pavement and/or
compacted base course and sub-base material to support axle and wheel
loads permitted under Section 311-20, Revised Laws of Hawaii, 1955 and
all amendments thereto; and in no case shall the streets be less
substantial than the following minimum dedicable standards of the
County of Hawaii.
1) Streets serving areas w ned.:for lots seventy-five hundred (7,500)
square. feet to and including one (1) acre, shall have a six (6)
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 :for lots of over one (1) acre and up
to and including three (3) acres, shall have a six (6) inch minimum
select borrow sub-base course, a base course of four (4) inches of
compacted crusher run base 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 rural standard as set forth under Section 9,
C, 2).
- 13 -
D. STANDARD OF FAVEN~T.NT FGR NON-DF:DICABLE STREETS
1) Streets serving areas zoned for lots of three (3) acres and over
shall have a six (6) inch nunimum 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 Public horks, 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 T:ranspcrtation. A maintenance escrow fund when required by
the Director shall be established by the developers with a escrow
depository approved by the li:trector 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 minimiun area. requirements set forth in the
toning 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 minimum pavement width and right-of-way:
Hood Access Pavement Right-of 4Jay
:~ lot 8 feet 12 feet
<'? lots 12 feet 16 feet
3 lots 14 feet 18 feet
4 to E> 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. Far the safety of pe6:estrians and of children at play,
sidewalks on both sides o£ the street may be required.
The Director shall have the authority to recommend and the Hoard of
Supervisors ma.y, 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 LJorks.
F. PEDESTRIAN InAY'S. 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 (3~4) inch screen.
G. CURBS AND GUTTERS. The Director shall have the authority to recommend
and the Hoard of Supervisors may, when in its judgment a necessity
exists for such improvements, require the construction of curbs and
gutters which shall be constructed in accordance with specifications
of the County Department of Public 4Jorks.
H. LAND SURFACE. DRAINAGE. 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 LIGHTS. Street lights shall be constructed within the subdi-
vision. The street lights shall conform to the standard specifications
on file with the County Department of Public Works. The construction
of street lights shall be made a part of the contract for subdivision
improvement and installed coincident with other required improvements.
- 14 -
J. STREET NAME AND TRAFFIC SIGNS. Street name signs showing the names :,f
intersecting streets shall be erected by the subdivider at each stre 'c
intersection. The type and location of 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 Ldorks.
K. ZONI1dG 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-WAY I1viPROVE~.ENTS. The subdivider shall be required to impre--,
the entire street right-of-way. Tk:e improvements shall conform to t;:<:
standard specifications on file 'with the County Department of Public
Works.
Section 11. CONSTRUCTION FLANS
A. After the subdivider has secured tentative approval of his preliminar;~
plat of the subdivision from the Director, and before beginning
construction of the unprovements therein, the subdivider shall preparo
and submit to the Director construction plans and specifications shovr-
details of road construction, drainage structures, sewers, water mains
and all other utilities proposed to be installed in the proposed subdi-
vision. 1'he 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 oi' 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 1cPS;
the Director may grant tentative approval to proceed. with plans wit'io~.l
the seal of an engineer.
B. The subdivider- shall submit six 1,6) copies of the construction plans
and specifications to the Director for examination and submission to
the Chief Engineer, the iNanager, the Sanitary Engineer and the Distriut
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 Enginee~,
the Manager, the Sanitary Engineer, the District Engineer and the
Director as required under Section 7.
Section 12. COMPLETIODi OF Il~,PROVri~,r.NT 1ti:,C;,UIRLNiiJNTS FOR FINAL PLAT APPROVAL -
BONDING
A. CONSTRUCTION F'1tI0k TO FINAL APPROVAL
When the construction drawings and specifications bear the approval o`
the Director, the Chief Engineer, the Manager, the Sanitary Engineer
and the District Engineer as required under Section 11, the subdivide
may proceed with the construction. of the improvements and utilities Un.;
after completion of the same in accordance with the requirements of
this Ordinance, the Director shall grant approval for recordation of hi-;
final plat, inhere 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 ~ch:',.+
cues no bond ~r security need be posted with the County Department, r
Public corks and~or the County Hor;rd of liator'Supply.
- 15 -
B. BOND AND FINAL APPROVAL PRIOk 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 luster Supply wherein the subdivider agrees to make, install
and complete all required improvements within a specified time and file
with the County Department of Public ~:orks and/or the County Board of
Water Supply <i 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-
r.ents and utilities shown on the approved construction drawings and
specifications. The Director steal)., after the execution and acceptance
of the agreement and bond, grant approval of ±he final plat. T'he subdi-
vider may there proceed to record the final plat and sell the lots or
transfer a:~y 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 shall complete all improvements
and utilities 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 ~Jater 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 Country Board of Water Supply requirements
and shall be conditioned upon the faithful performance of arty 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. INSPECTION AND CERTIFICATION
A. The Chief Engineer shall inspect 'the construction of improvements and
installation of facilities and utilities and other work in any subdi-
vision. The vianager shall inspecl; all construction and improvements
relating to water systems.
B. Prior to the beginning of construction of the required improvements or
prior to final approval of a subd'.ivision 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 Hoer 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.
- 16 -
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 Manager (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 4~orks and/or the County
Board of Water Supply (if construction involves 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 iKanager, 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 lianager.
Construction within the State highway right-of-way shall be subject to
inspection by the District Engineer or his representative.
Section L{. FINAL PLAT
A. TIMiE LIMIT. 'Phe final plat sha1:1 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 shawl be deemed null and void. Time
extension, for good cause may be granted as provided under Section 15.
B. DRAFTING 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 Land 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 REGiUIRED ON FINAL PLaT. The following information shall be
shown on the final plat and supplemental sheets in addition to any o+.her
information required to be shown thereon under provisions of any State
statute or County ordinance,
1) Date, northpoint and scale oi' drawing.
2) Legal description of the tract boundaries.
3) Name and address of the owne~^ or owners, subdivider, engineer, or
surveyor who prepared the plat.
4) Approved street names on ded'Lcable streets.
5) Reference points 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 thc~ boundaries o£ the subdivision.
b. Adjoining corners of all adjoining subdivisions.
c. Boundary lines and grants within and adjacent to the plat.
- 17 -
d. Whenever the County has established the center line of a
street, adjacent to or within the F;roposed 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. 'Pratt 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 rortior. cf streets being dedicated, the width
of any existing right-of-may and :.he 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 fine broken h.nes, 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 thE:reo£ 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 identificai:ion 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 fur sale and their use
indicated.
k. 1Sinimum building setback lines, where not otherwise fixed by a
building code or County ordinance.
1. The foilowi_ttg certii°ication 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 par~~els 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 draf'..
4. A1.1 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.
- 18 -
D. SUPPLENIL•NTAL INFORi~TION 6uITH FIIQAL 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) 4•+ri'tten proof that al]. taxes and assossments on the tract are paid
to date.
E. SUBDIVISION PdOT INVOLVING STkEETS, DPiAIi4S AND~OR UTILITIES
In case a subdivision which i.nvol.ves no streets, drains or utilities,
the preliminary pla+, 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
Within one (1) year after tentative approval of the preliminary plat by
the Director, the subdivider shall have the subdivision surveyed and shall
prepare a final plat which conforms with the preliminary plat as tentatively
approved. The subdivider shall submit to the Director eight (8) copies of
the final plat, 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 whica
he may file such final plat, provided that the subdivider has made an
application in writing to the Director for :;uch purpose at least forty-five
(45) days before the expiration of said period of one (].) year.
The time of filing the final plat sYiall be taken to mean the time at which
the same, together vaith all requires 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 PLOT, AND FILIPIG 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, Pdanager, 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 OTJ F'INA:L PLAT. When all the construction work is complete and
is accepted in writing by the Chief Engineer, the subdivider may app=.-.-
for approval o:f the subdivision map for recordation. If the Director
disapproves said plat, the ground or grounds o disapproval shall be
filed in the records of the Commis non's office. No plat shall be
disapproved by the Director without. ai'fording the subdivider a hea•:-ing
thereon.
Upon final approval, the Director shall stamp three (3) copies of the
final plat:
"SUBDIVIS:ION NUMBER _ APPftOVEii FOft RECOPDATION
4vITH THIr BUFS,AU OF' CONVEYANCES, STATh GI' HAtiJAII"
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and such approval shall bear the signature of the Director. The
Commissions office shall then retain one (1) copy of the final plat,
forward one (1) copy of the final. plat to tYxe Hilo 'Pax 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 any 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 ofi'ered for sale, lease or rent in any subdi-
vision, nor options or agreemerrts for the purchase, sale, leasing
or rental oi' land made until. approval for recordation of the final
plat is granted by the Director.
3) The approval £or recordation of the final plat by the Director
shall not relieve the subdivider of the responsibility for any
error or errors in the dimerrsions or other discrepancies. Such
errors or discrepancies shall be revised, or corrected, upon
request, to the satisfaction oi' the Director.
C. FILING (k FINAL PLAT. After the :Director grants approval for recordation
of the final plat, the subdivider may rile and record the plat.
Section 17. FINAL APrROVAL OF' INiPROVE,I'iEIdTS AND RELEASE 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 ~uorks, State Department of Health and. the County
Board of idater Supply (if ap;licable) one (1) set of construction plans
as actually modified to meet construction requirements, the County Depart-
ment of Public 'udorks, State Department of Health and the County Board of
>Nater 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, ii' 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 0: BUIIDING PERMITS ]?OR AIi ERECTION OF BUILDINGS ON
UNACCEPTED STttEET
No building permit shall be issued fo:r 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 oi' a public street or private
street that has been approved by the ])irector; 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 oi' Super-
visors after submission to and approved by the Director, or in case of
disappTOVal by the Director, it shall be located or accepted by tl~e
affirmative vote of not less than five (5) out of seven (7) of thec members
of the Board of Supervisors; provided, however, that as condition precedent
to the issuing of any building permit for, or to the erection of ax-~y
building on an unaccepted street, such street shall have been approved on
satisfactory 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 specifications approved 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.
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Section 19- ISSUANCE OF PEu?i~fIT FOR INSTALLATION OF' SE,RUICB UTILITiE;5
The County Department of Public Works shall not issue a pernut 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 faciLaies in the area covered by a proposed
subdivision until such subdivision has been approved as required by the
provisions of this Ordinance
Section 20. COUNTY tJOi' TO tuwCEIVE DEDICATION OF' HIGH4aAY5 UiVLESS CONSTRUCTED
IN CONFORi4ITY IdITH ORDINANCE
The Board of Supervisors shall not take over, receive by dedication, or
otherwise, or do any repair or const:ruct~on work upon streets or pavements,
water lines, street lighting=. eystems, ;,ewer lines, or in arty way accept
as public highways any street, avenuo-; cr alley, in any subdivision here-
after opened or platted in the ~;ounty of Hawaii, except upon full compliance
with the provisions of this Ordinance.
Section 21. LARGE SCALis DEVELOPMENT
Exceptions from specific compliances w5_th the provisions of this Ordinance
may be provided by the Director where: a plan and 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 Commussion finds the followinP facts:
A. That there are special. circumstances or conditions affecting said
property that are not common to a:ll property in the area.
B. That the variance is necessary fo:r 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 rircumstancas or conditions affecting
the property.
C. That the special circumstances or conditions affecting said property
is not the result of pre~rious action of the applicant.
D. That the granting of the variance shall not be detrimental to the
public health, safet;~ or welfare or injurious to other property in
the vicinity of said property.
Section 23. HEARIP;GS OF GRIEVANCES BY. THt, COi<li~.ISSION
The Commission shall hear the grievances of any subdivider aggrieved by
any decision of the Director.
Section 24. APICAL
A. Appeal may be made to the Board of Supervisors from any decision,
determination or reauirement of the Conunission by filing notice thereof
in writing in the office of i:.he 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. the action and the grounds
upon which the subdivide. Bee*ns himself .;.ggrieved.
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B. The Board of :;upervisors, 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 iiecision, 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
appeal shall be final. The Board of Supervisors shall overrule or
modify any decisions of the Comm~_ssion 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 tie 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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