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HomeMy WebLinkAboutORD 1977-333 1976-1980BILL N0. 362 l AF4EFdDED ) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO.. ~3 ADI ORDINANCE AMENDING CHAPTER 17, HAWAII COUNTY CODE, RELATING TO THE PROVISION OF LAND FOR PARKS AND PLAYGROUNDS OR THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITI01`1 PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. WHEREAS, the ratio of pa.r}c and playground space per resident in the County of Hawaii is the highest in the State of Hawaii; and WHEREAS, the Hawaii Count;! Council finds that it cannot meet the rising cost of essential governmental services without increasing the proportion of expenditures for these services, thus decreasing the proportion for nonessential services such as acquiring, developing and maintaining parks; and WHEREAS, under Section 46-6, Hawaii Revised Statutes, the County is mandated to adopt ordinances requiring a subdivider, as a condition precedent to approval of a subdivision, to provide land in perpetuity or to dedicate land for park and playground purposes, or, in lieu thereof, to pay to County a sum of money equal to value of land he would otherwise have had to provide or dedicate; and WHEREAS, thereafter, under. Section 46-6(d), HRS, the County must assume the cost of improvements and maintenance, and the subdivider shall accordingly be relieved from such costs; and WHEREAS, the assumption of_ cost of improvements and maintenance of park lands will substantially increase the cost of governmental services; and WHEREAS, the tax base and the population of Hawaii County are not sufficiently large enough to finance the cost of improving and maintaining more parks and playgrounds; and WHEREAS, Section 46-6(e), HRS, provides that the County "may provide, where special circumstances, conditions and needs within the respective counties so warrant, for such exemptions and exclusions as the councils of the respective counties may deem necessary or appropriate and may also prescribe the extent to and the circumstances under which the requirements therein shall or shall not be applicable to subdivisions," NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 17, Hawaii County Code, relating to the "Park Dedication Code," is hereby amended as follows: "CHAPTER 17 PARK DEDICATION CODE ARTICLE 1 Statutory Authority and Purpose This ordinance is enacted pursuant to Section 46-6, Hawaii Revised Statutes, as amended, and the County of Hawaii. General Plan (Ordinance No. 439), to require a subdivider to provide land for parks and playgrounds in subdivisions as a condition precedent to final approval of a subdivision. ARTICLE 2 General Provisions Sec. 1. TITLE. This chapter shall be cited as the Park Dedication Code. 2. 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. 'DISTRICT' means the judicial districts of Puna, South Hilo, Ydorth Hilo, Hamakua, DTOrth Kohala, South Kohala, North Kona, South Kona or Ka'u, as defined by the Department of Research and Development. Sec. 2.10. 'DWELLID7G U1`dIT' means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen. Sec. 2.15. 'FAIR P9ARKET 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. Sec. 2.20. '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. 3. Sec. 2.25. 'LODGING UNIT' means a room or rooms connected together, constituting an independent housekeeping unit for a family, which does not contain any kitchen. Sec. 2.30. 'PARKS AND PLAYGROUNDS' means areas and/or facilities used for active or passive recreational pursuits. Sec. 2.35. 'RESIDENT POPULATION' means the official resident population as determined by the County Department of Research and Development. It includes residents temporarily absent, and armed forces personnel and their dependents. It excludes visitors present. Sec. 2.40. '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. 2.45. '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 divisions 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. 2.50. 'DIRECTOR' means the Planning Director of the County of Hawaii. Sec. 2.55. '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, 4. which shall be a perpetual and everlasting easement or dedication in fee simple title or ownership. Sec. 2.60. 'COUNTY' means the County of Hawaii. Sec. 3. SUBDIVIDERS SHALL SATISFY PARK PROVISION REQUIREMENTS. Every subdivider prior to final approval of a subdivision by the Director shall dedicate/provide in perpetuity land and any required improvements thereon, pay a fee, agree to a combination of dedicating/providing in perpetuity land and any required improvements and payment of a fee, or provide land and any required improvements for private recreational use, as set forth in this chapter for the purpose of providing park and playground facilities for occupants or purchasers of lots or units in the subdivision. ARTICLE 3 Administration Sec. 1. APPLICATION. A. The provisions of this chapter shall not apply to: 1. Subdivision of land in any district where the ratio of acres of public parks and playgrounds within the district and not federally owned, to the resident population within the district is greater than the minimum ratio of five (5) acres of land for parks and playground purposes for each one thousand (1,000) persons; 2. Subdivision of land for which tentative approval has been granted prior to the effective date of this chapter; 5. 3. Subdivisions for a public utility or public facility and which will not be provided with or developed into dwelling units; 4. Subdivision of land for industrial and/or commercial use subdivisions; 5. Subdivisions of land into two (2) or more lots only for the purpose of clarifying public records or adjustment of boundaries, provided that no additional lots will be created; 6. Subdivision of land into two or more lots for agricultural purposes and 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 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 conditions shall be duly recorded with the Bureau of Conveyances and shall run with the land. Said agreement may be revoked if the subdivider and/or landowner agrees to pay a fee pursuant to Sec. 5; 7. Any planned unit development project for which the Planning Commission has held a public hearing prior to the effective date of this ordinance; 8. Subdivisions of buildings, as defined in Article 2, Sec. 2.45, for which a preliminary plan approval has been given in accordance with the provisions of Chapter 8, Article 22, Hawaii County Code. 9. Subdivision by any governmental agency or nonprofit organization, or subdivision involving the construction of 6. homes pursuant to Chapter 359G, Hawaii Revised Statutes. B. The provisions of this chapter shall apply to: 1. Changes in use of buildings from hotel to residential dwelling use; 2. Any additional dwelling or lodging units added to an existing building or lot; 3. Any dwelling or lodging units of a building constructed in the stead of a building that is demolished, but only to the extent that such units exceed the number of units of the demolished building; 4. All subdivisions exc.=_pt those excluded in Article 3, Sec. 1.A; 5. Where zoning allows the construction of more than one (1) dwelling unit on a lot, a fee as provided in Article 3, Sec. 4.C. shall be assessed for all but one (1) dwelling unit at the time of building permit action. Sec. 2. RELATION OF LAND REQUIRED TO POPULATION DENSITY. In the public interest, convenience, health, welfare and safety, there shall be a minimum ratio of five (5) acres of land for park and playground purposes for each one thousand (1,000) persons in every distr=ict. 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. Multiple-family dwelling units = 2.1 persons per dwelling unit. 7. Sec. 4. LAND AND IMPROVEMENTS 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 on the following basis: 1. In subdivision of land, the basis for determining the total number of dwelling or lodging units for computation purposes shall be the number o:E such units permitted by the County in the subdivision as shown on the final subdivision map filed with the County. 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 3, Sec. B. 3. Land Requirement Formula. The land requirement formula shall be as follows: C x P = AREA TO BE DEDICATED REQUIRED LAND IN ACRES G~here , C = 5.0 ac = Park acres per 1,000 persons per 1000 Article 3, Sec. 2 (218 square feet per person) P = Total population within the subdivision per Article 3, Se=c. 3. B. Any improvements on t_he land to be dedicated or provided in perpetuity by the subdivider pursuant to this chapter shall be determine=_d by the Director of Parks and Recreation, upon conferring with the Chief Engineer, and approved by the Director and shall include 8. a minimum of lot grading and grass planting, adequate drainage and comfort station. The Director may waive a portion or all of the minimum improvement/facility required, provided that said requirements 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 the Chief Engineer. C. Land and building subdivisions involving six (6) lots/units or less and new units falling under the purview of Article 3, Secs. 1.B.2. and 5., shall be required to pay fees in the amount of $150 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 3, Sec. 4.A. 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 valu~° shall include the value of the subdivided land, including the site improvements 9. 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 dedicated by the subdivider and approved by the Director pursuant to Article 3, Sec. 8, is less than the land area required under Article 3, Sec. 4.A., the subdivider shall be required to pay a fee equal to the fair market value of the land area pursuant to Sec. S.B., which is the difference between the land area provided in perpetuity or dedicated and the land area required under Article 3, Sec. 4.A. 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 prior to final approval of the land subdivision or final plan approval for a building subdivision; or 50g at the time of preliminary approval of the land subdivision or preliminary plan approval of the building subdivision, and the balance paid prior to final approval of the land subdivision or final plan approval of the building subdivision. 10. 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. GThere 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 Recreation shall submit a written request to the Director and the Mayor for approval. Ltpon the Mayor's approval, the Finance Director shall be authorized to release monies from the fund. 3. No refunds shall be made for any land and building subdivision which the Director had 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 fee shall be expended in the same manner as the fee itself. Sec. 6. CREDIT FOR PRIVATE RECREATIONAL AREAS ADtD 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 11. 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 3, Sec. 4, or the payment of fees in lieu thereof, as set forth in Article 3, Sec. 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 areas 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 subdivision, 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 playground purposes by recorded covenants which shall run with the land for the use of the purchasers or occupants in the subdivision; 5. That there is adequate assurance as determined by the Corporation Counsel, for perpetual maintenance of such private parks and playgrounds by recorded covenant running with the land which shall include but not necessarily be limited to the following: 12. 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 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 specified 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 conferring 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 requirements are available within close proximity of the park and meet other code requirements or deemed impracticable 13. R 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 permit subdivisions be determined in the same fashion as land subdivisions. 9. That equitable credit by cost estimates of the facilities 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 ordinance, such land, including physical facilities, shall be credited toward the park land/facilities which would otherwise be required under Article 3, Sec. 4; provided, however, such area and facilities satisfy the guidelines set forth in Article 3, Secs. 8.B.3., 4. and 5. Sec. 8. OPTION OF PRIVATE RECREATIONAL AREAS, LAND DEDICATION OR PAYMENT OF FEE. A. The option to dedicate or provide land in perpetuity, pay a fee or a combination thereof, or to provide private recreational areas, shall be determined as follows: 1. The owner of the property shall file a preliminary subdivision map or building plan, and indicate his intentions to: (a) dedicate or provide land in perpetuity for recreational purposes; (b) pay a fee, or (c) agree to a combination of dedication or provision of land in perpetuity and payment of £ee, or (d) provide private recreational areas. 14. 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 submitted. 2. Prior to preliminary approval of a land subdivision 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 fee, a combination of dedication or provision of land in perpetuity and payment of fee, or provide private recreational areas. The Director shall also determine the location of the area to be dedicated or provided in perpetuity at the time of preliminary subdivision or preliminary plan approval. a. Prior to granting of preliminary 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 final plan approval by the Director. b. I£ the Council declines the offer, the Director shall require an alternative method of assessment in accordance with Article 3, Secs. 5 and 6. B. Whether the County Council accepts land and any required improvements for dedication and County maintenance shall be determined by consideration of the following: 1. Proximity to existing County or State parks and relationship to proposed general planned parks or Park Master Plan. 15. 2. Conformity to the policies and standards of the Recreation, Open Space, Natural Beauty, Historic Sites or Natural Resource and Shoreline elements of the General Plan and Recreational Master Plan. 3. Suitability of the size, shape, topography, geology, access, use and location of the site for park and playground purposes. 4. The kinds of park improvements available or to be constructed or installed. 5. Feasibility for the County to improve and maintain such land and any improvements/facilities thereon. C. 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 requirement may be reasonably deferred, provided that an agreement and adequate surety bond guaranteeing their construction are filed and accepted by the County. D. Upon acceptance of the land and the minimum improvements and facilities through dedication or provision in perpetuity by the County Council, 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 3, Sec. 6. ARTICLE 4 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. 16. 1. Said appeal shall be accompanied by a filing fee of one hundred dollars ($100). 2. Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged the Director's action was based on an erroneous finding of a material fact, or that the Director had acted in an arbitrary or capricious manner, or had manifestly abused his discretion. 3. The Board of Appeals, upon receipt of such appeal, shall set the matter for a hearing. Notice of the hearing shall be forwarded at least ten (10) days prior to such hearing to the appellant by mail or in person. 4. Gdithin sixty (60) days after the filing of such appeal, the Board of Appeals shall affirm, modify or reverse the action of the Director." SECTION 2. SEVERABILITY CLAUSE. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall take effect as of December 27, 1977. Date of Introduction: December S, 1977 Date of AdoptioN: December 14, 1977 Effective Date: December 27, 1977 BY/~ 17. Hilo, Hawaii Date: December 5, 1977 FIRST READING AYE$ NOE$ A/E Dahlberg X Domingo }{ Fujii j( Garcia X Kawahara ;{ Lai X Sameshima X Yamashlro X Chf.Taliri X 8 1 December 8, 1977 Publication Date: Hilo, Hawaii Date: December 14. 1977 SECOND & FINAL READING AYES NOES A/E Dahlberg X Domingo X Fuji i X Garcia X Kawahara X Lai X Sameshima X Yamashiro X Chr. Tajiri __ -_ _ g 7 L 1 Publication Dare: January 1, 1978 _ We do hereby certify That the foregoing BILL was adopted by the County Council and published as indicated above. ~_- ~,n.:~?'r/'".~~3 Y';^ 'til ~oxau.~e~. G-~~ ~ :_l~ _. 1. i _ . 0 __ ~ !~ Council Chairma ~~ ~ ~~~ f -~ K-r/G~I /~i County Glerk Approved/~prr~Jhis s7~~ day of Mayor, County of Hawaii Bill No. 362 Reference: PC-23 M.B. No. ~~~ Ord. No. w~1r7 _. N ~ (_ y~ ~' _\ R. 8. Legaspi ~ "~° COUNTY CLERK '~ i N~ Yasuki Arakaki DEPUTY COUNTY CLERK Harry A. Takah as hl LEGISLATIVE AUDITOR OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII ' HILO, HAWAII 96720 Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI I hereby transmit Ordinance Bill No 362 passed by the County Council on second Final reading. COUNTY CLER~ Encl. Dated: December 14, 1977 Bill No. 362 - 1977 (AMENDED) AN ORDINANCE AMENDING CHAPTER 1T, HAWAII COUNTY CODE, RELATING TO THE PROVISION OF LAND FOR PARKS AND PLAYGROUNDS OR THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITION PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. This Bill amends Chapter 17, Hawaii County Code, relating to the provision 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 Introduced: December 5, 1977 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 first reading at the meeting of the County Council on December S, 1977, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Yamashiro and Chairman Tajiri - 8. NOES: Councilman Sameshima - 1. ~=' . ~`>r COUNTY CLERK COUNTY OF HAW:4 I ORDINANCE NO. 333 (Bill No. 362-1977) (Amended) AN ORDINANCE AMENDING CHAPTER 17, HAWAII COUNTY CODE, RELATING TO THE PROVISION OF LAND FOR PARKS AND PLAYGROUNDS OK THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITION PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. Date Approved: December 14, 1977 Date Effective: December 27, 1977 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 December 14, 1977, by the following aye and no vote: AYES: Councilmen Dahlberg, Fujii, Garcia, Kawahara, Lai, Yamashiro and Chairman Tajiri - 7. NOES: Councilman Sameshima - 1. ABSENT & E}iCUSED: Councilman Domingo - 1. ~~ COUNTY CLERK COUNTY OF HAWAII HERBERT T. MATAYOSHI MAYOR COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPU NI STREET HILO. HAWAII A6]20 November 22, 1977 Honorable Takashi Domingo Chairman, Planning Committee County Council County of Hawaii Hilo, Hawaii 96720 Dear Mr. Domingo: STEPHEN G. BESS CORPORATION COUNSEL TELEPHONE NO. 881-8451 Enclosed is a draft of a park dedication ordinance for your Committee's consideration. ~ Ve~ ul yours, ~, ~ ~~~l.C,~/~~ ~Y~~ EARL T. NAKASATO Deputy Corporation Counsel ETN:h Enclosure cc: Planning Director j .._ BILL NO. 362 (Revised) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 17, HAWAII COUNTY CODE, RELATING TO THE PROVISION OF LAND FOR PARKS AND PLAYGROUNDS OR THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITION PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. WHEREAS, the ratio of park and playground space per resident in the County of Hawaii is the highest in the State of Hawaii; and WHEREAS, the Hawaii County Council finds that it cannot meet the rising cost of essential governmental services without increasing the proportion of expenditures for these services, thus decreasing the proportion for nonessential services such as acquiring, developing and maintaining parks; and LVHEREAS, under Section 46-6, Hawaii Revised Statutes, the County is mandated to adopt ordinances requiring a subdivider, as a condition precedent to approval of a subdivision, to provide land i.n perpetuity or to dedicate land for park and playground purposes, or, in lieu thereof, to pay to County a sum of money equal to value of land he would otherwise have had to px-ovide or dedicate; and WHEREAS, thereafter, under Section 46-6(d), HRS, the County must assume the cost oi= improvements and maintenance, and the subdivider shall accordingly be relieved from such costs; and WHEREAS, the assumption of cost of improvements and maintenance of park lands will substantially increase the cost of governmental services; and 3. Subdivisions for a public utility or public facility and which will not be provided with or developed into dwelling units; 4. Subdivision of land for industrial and/or commercial use subdivisions; 5. Subdivisions of land into two (2) or more lots only for the purpose of clarifying public records or adjustment of boundaries, provided that no additional lots will be created; 6. Subdivision of land into two or more lots for agricultural purposes and 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 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 conditions shall be duly recorded with the Bureau of Conveyances and shall run with. the land. Said agreement may be revoked if the subdivider and/or landowner agrees to pay a fee pursuant to Sec. 5; 7. Any planned unit development project for which the Planning Commission has held a public hearing prior to the effective date of this ordinance; 8. Subdivisions of buildings, as defined in Article 2, Sec. 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 a fee as set forth in Sec. 5, shall be required Building subdivisions 6. issued final plan approval prior to the effective date of this ordinance shall not be assessed. B. The provisions of this chapter shall apply to: 1. Changes in use of buildings from hotel to residential dwelling use; 2. Any additional dwelling or lodging units added to an existing building or lot; 3. Any dwelling or lodging units of a building constructed in the stead of a building that is demolished, but only to the extent that such units exceed the number of units of the demolished building; 4. All subdivisions except those excluded in Article 3, Sec. l.A; 5. Where zoning allows the construction of more than one (1) dwelling unit on a lot, a fee as provided in Article 3, Sec. 4.C. shall be assessed for all but one (1) dwelling unit at the time of building permit action. Sec. 2. RELATION OF LAND REQUIRED TO POPULATION DENSITY. In the public interest, convenience, health, welfare and safety, subdividers, except as provided under Article 3, Sec. 4.C. shall provide a minimum ratio of two-and-one-half (2.5) acres of land for park a:nd playground purposes for each one thousand (1,000) persons. 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. Multiple-family dwelling units = 2.1 persons per dwelling unit. 7. Sec. 4. LAND AND IMPROVEMENTS 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 on the Following basis: 1. In subdivision of land, the basis for determining the total number of dwelling ox' lodging units for computation purposes 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. 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 3, Sec. B. 3. Land Requirement Formula. The land requirement formula shall be as follows: C x P = AREA TO BE DEDICA7.'ED REQUIRED LAND ILd ACRES Where, C = 2.50 ac = Park acres per 1,000 persons per 1000 Article 3, Sec. 2 (109 square feet per person) P = Total population within the subdivision per Article 3, Sec. 3. B. Any improvements and/or facilities on the land to be dedicated or provided in perpetuity by the subdivider pursuant to this chapter shall be determined by the Director of Parks and Recreation, upon conferring with the Chief Engineer, and approved by the Director and shall include 8. PLEASE NOTE: To avoid confusion, Bill 337 (2nd Amendment) was renumbered Bill 362, Revised. BILL N0. 33i (2nd Amendment) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17, HAWAII COUNTY CODE, RELATING TO THE PROVISION OF LAND FOR PARKS AND PLAYGROUNDS OR THE PAYMENT OF MONEY IN LIEU THEREOF, AS A CONDITION PRECEDENT TO FINAL APPROVAL OF A SUBDIVISION. 4dHEREAS, the ratio of park and playground space per resident in the County of Hawaii is the highest in the State of Hawaii; and WHEREAS, the Hawaii County Council finds that it cannot meet the rising cost of essential governmental services without increasing the proportion of expenditures for these services, thus decreasing the proportion for nonessential services such as acquiring, developing and maintaining parks; and WHEREAS, under Section 46-6, Hawaii Revised Statutes, the County is mandated to adof>t. ordinances requiring a subdivider, as a condition precedent to approval of a subdivision, to provide land i.n perpetuity or to dedicate land for park and playground purposes, or, in lieu thereof, to pay to County a sum of money equal to value of land he would otherwise have had to provide or dedicate; and WHEREAS, thereafter, under Section 46-6(d), HRS, the County must assume the cost of improvements and maintenance, and the subdivider shall accordingly be relieved from such costs; and WHEREAS, the assumption of cost of improvements and maintenance of park lands will substantially increase the cost of governmental services; .and WHEREAS, the tax base and the population of Hawaii. County are not sufficiently large enough to finance the cost of improving and maintaining more parks and playgrounds; and WHEREAS, Section 46-6(e), :HRS, provides that the County "may provide, where special circumstances, conditions and needs within the respective counties so warrant, for such exemptions and exclusions as the councils of the respective counties may deem necessary or appropriate and may also prescribe the extent to and the circumstances under which the requirements therein shall or shall not be applicable to subdivisions," NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 17, Hawaii County Code, Relating to the "Park Dedication Code," is hereby amended as follows: "CHAPTER 17 PARK DEDICATION CODE ARTICLE 1 Statutory Authority and Purpose This ordinance is enacted pursuant to Section 46-6, Hawaii Revised Statutes, as amended, and the County of Hawaii General Plan (Ordinance No. 439), to require a subdivider to provide land for parks and playgrounds or 2. the payment of money in lieu thereof, as a condition precedent to final approval of a subdivision. ARTICLE 2 General Provisions "Sec. 1. TITLE. This chapter shall 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. 'DISTRICT' means the judicial district of Puna, South Hilo, North Hilo, Hamakua, North Kohala, South Kohala, North Kona, South Kona, or Ka'u, as defined by the Department of Research and Development. "Sec. 2.10. 'DL4ELLING UNIT' means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen. "Sec. 2.15. 'HOTEL' means a building containing sleeping accommodations in six or more rooms for use of persons, on a commercial basis whether such establishment 3. is called a hotel, inn, motel, motor hotel, motor lodge or otherwise, which rooms do not constitute 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 facilities used for active or passive recreational pursuits. "Sec. 2.30. 'RESIDENT POPULATION' means the official resident population as determined by the County Department of Research and Development. It includes residents temporarily absent, and armed forces personnel and their dependents. It excludes visitors present. "Sec. 2.35. '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. 2.40. '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. 2.45. 'DIRECTOR' means the Planning Director of the County of Hawaii. 4. "Sec. 2.50. 'PROVIDE LAND IN PERPETUITY' means the conveyance of land, improvements, easements, streets and facilities, or any interest theY-ein, 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. "Sec. 2.55. 'COUNTY' means the County of Hawaii. "Sec. 3. SUBDIVIDERS SHALL SATISFY PARK PROVISION REQUIREMENTS. Every subdivider prior to final approval of a subdivision by the Director shall pay a fee, or, in lieu thereof, at the request of the applicant, dedic<ste/provide in perpetuity land and any required improvements thereon, agree to a combination of dedicating/providing in perpetuity land and any required improvements and payment of a fee, or provide land and any required improvements for private recreational use, as set forth in this chapter for the purpose of providing park and playground facilities for occupants or purchasers of lots or units in the subdivision. ARTICLE 3 Administration "Sec. 1. APPLICATION. A. The provisions of this chapter shall not apply to: 1. Subdivision of land in any district where the ratio of acres of public parks and playgrounds within the district and not federally owned, to the resident population within the district is greater than the minimum ratio of two and 5. one-half (2.5) acres of land for parks and playground purposes for each one thousand (1,000) persons. 2. Subdivision of land for which tentative approval has been granted prior to the effective date of this chapter; 3. Subdivisions for a public utility or public facility and which will not be provided with or developed into dwelling units; 4. Subdivision of land for industrial and/or commercial use subdivisions; 5. Subdivisions of land into two (2) or more lots only for the purpose of clarifying public records or adjustment of boundaries, provided that no additional lots will be created; 6. Subdivision of land into two or more lots for agricultural purposes and which will not be developed under this subdivision application, into dwelling or lodging units. The subdivider submitting such an application shall file with the Director a certified statement therefor, stating fully the grounds for said subdivision and that the subdivided land shall not be provided with dwelling or lodging units. The certified statement shall be duly recorded with the Bureau of Conveyances and shall run with the land. Said certified statement may be revoked if the subdivider and/or landowner agrees to pay a fee pursuant to Section 3; 7. Any planned unit development project for which the Planning Commission has held a public hearing prior 6. to the effective date of this ordinance, provided that a fee as set forth in Section 3 shall be required; 8. Subdivisons of buildings, as defined in Article 2, Section 2.40, for which a preliminary Plan Approval has been given in accordance with the provisions of Chapter 8, Article 22, Hawaii County Code, provided that a fee as set forth in Section 3 shall be required. Building subdivisions issued final Plan Approval prior to the effective date of this ordinance shall not be assessed. B. The provisions of this chapter shall apply to: 1. Changes in use of buildings from hotel to residential dwelling use; 2. Any additional dwelling or lodging units added to an existing building or lot; 3. Any dwelling or lodging units of a building constructed in the stead of a building that is demolished, but only to the extent that such units exceed the number of units of the demolished building; 4. All subdivisions except those excluded in Article 3, Section 1-A; 5. T9here zoning allows the construction of more than one (1) dwelling unit on a lot, a fee as provided in Article 3, Section 3 shall be assessed for all but one (1) dwelling unit at the time of building permit action. "Sec. 2. RELATION OF LAND REQUIRED TO POPULATION DENSITY. In the public interest, convenience, health, welfare and safety, there shall be provided a minimum ratio of two and 7. one-half (2.S) acres of land for park and playground purposes for each one thousand (1,000) residents or fraction thereof. "Sec. 3. MONETARY FEE. A. Every subdivider prior to final approval of a subdivision by the Director shall pay a monetary fee equal to the number of lots or dwelling units in the subdivision, minus one, multiplied by fifty dollars ($50). B. Fees paid pursuant to this section shall be made directly to the Director of Finance and said fees shall be deposited in a 'park and recreation' fund. Payment may be in a lump sum prior to final approval of the land subdivision or final plan approval for a building subdivision; or 50$ at the time of preliminary approval of the land subdivision or preliminary plan approval of the building subdivision, and the balance paid prior to 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 which shall be conveniently located for the use of purchasers or occupants of lots or units in the paying subdivision. LVhere 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. 2. LVhen 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 Recreation shall submit a written request to the Director and the Mayor for approval. Upon 8. the Mayor's approval, the Finance Director shall be authorized to release monies from the fund. 3. No refunds shall be made for any land and building subdivision which the director had 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 fee shall be expended in the same manner as the fee itself. "Sec. 4. OPTION OF DEDICATION OR PROVISION OF LAND AND IMPROVEMENTS, AGREEMENT TO COMBINATION OF LAND DEDICATION AND FEE PAYMENT, OR PROVISION OF PRIVATE RECREATIONAL LAND IN LIEU OF MONETARY FEE. A. Options. In lieu of paying a monetary fee, the Director may permit one of the following options to satisfy the parks and playground requirement: 1. Dedicate/provide in perpetuity land and any required improvements thereon; 2. Agree to a combination of dedicating/providing in perpetuity land and any required improvements and payment of a fee; or 3. Provide land and any required improvements for private recreational use. B. Procedure. If a subdivider chooses to elect one of the options set forth in this section, he shall indicate his intentions of said election at the time the preliminary subdivision map or building plan is filed. If he intends 9. to dedicate or provide land in perpetuity, he shall designate the area thereof on the preliminary subdivision plat or building plans as submitted. C. Action by Director. If the Director permits one of the options set forth in this section prior to granting of preliminary 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 final plan approval by the Director. D. If the Council declines the offer, the subdivider shall pay the monetary fee as set forth in Article 3, Section 3. E. Determination. Whether the County Council accepts land and any required improvements for dedication and County maintenance shall be determined by consideration of the following: 1. Proximity to existing County or State parks and relationship to proposed General Planned parks or Park Master Plan. 2. Conformity to the policies and standards of the Recreation, Open Space, Natural Beauty, Historic Sites, or Natural Resource and Shoreline elements of the General Plan and Recreation Master Plan. 3. Suitability of the size, shape, topography, geology, access, use and location of the site for park and playground. 10. 4. The kinds of park improvements available or to be constructed or installed. 5. Feasibility for the County to improve and maintain such land and any improvements/facilities thereon. F. Time of Improvements. The Director may require site improvements be 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 requirement may be reasonably deferred, provided that an agreement and adequate surety bond guaranteeing their construction are filed and accepted by the County. G. Future Improvements and Maintenance. Upon acceptance of the land and the minimum improvements and facilities through dedication or provision in perpetuity by the County Council, 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 3, Section 5. H. PAinimum Improvements. Any improvements on the land to be dedicated or provided in. perpetuity by the subdivider pursuant to this chapter shall be determined by the Director of Parks and Recreation, upon conferring with the Chief Engineer, and approved by the Director and shall include a minimum of lot grading and grass planting, adequate drainage and comfort station. The Director may waive a portion or all of the minimum improvement./facility required, provided that said requirements are available within close proximity 11. 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 the Chief Engineer. "Sec. 5. 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 payment of fees, as set forth in Article 3, Section 3, or the requirements of dedication or provision for park and playground purposes, as set forth in Article 3, Section 4. 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 subdivision, and are in accordance with the policies and standards of the recreational element of the General Plan and Park Master Plan; 12. 4. That the use of the site is restricted for park and playground purposes by recorded covenants which shall run with the land for the use of the purchasers or occupants in the subdivision; 5. That there is adequate assurance as determined by the Corporation Counsel, for perpetual maintenance of such private parks and playgrounds by recorded covenant 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 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 specified time as required by the Director prior to final subdivision or plan approval. 13. 7. That the type of park improvements in land subdivisions be determined by the Director of Parks and Recreation upon conferring 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 requirements 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. 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 for be determined by the Chief Engineer. "Sec. 6. 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 ordinance, such land, including physical facilities, shall be credited toward the park land/facilities which would otherwise be required under 14. Article 3, Section 4; provided, however, such area and facilities satisfy the guidelines set forth in Article 3, Section 5-B-3, 4 and 5. ARTICLE 4 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). 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 2. 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. 15. HERBERT T. MATAYOSHI MAYOR COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 23 AUPUNI STREET HILO, HAWAII 96720 October 18, 1977 County Council County of Hawaii 25 Aupuni Street Hilo, I-Iawaii 96720 Dear Council Members: Re: Amended Bill No. 337 Enclosed is amended Bill No. 337. STEPHEN G. BESS CORPORATION COUNSEL TELEPHONE NO. efi1-8251 Very truly yours, ~~ EARL T. NAICASATO Deputy Corporation Counsel ETN:h Enclosure cc: Mayor SECTION 3. EFFECTIVE DATE. This ordinance shall take effect upon its approval. INTRODUCED BY: ~' ~ a y / ~~F~'L "~COUN IL MEMB COUNTY OF HAWAII Date of Introduction: December 5, 1977 Date of Adoption: Effective Date: 16.