HomeMy WebLinkAboutBIL 225 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. _ 225
ORDINANCE NO.
AN ORDIKAI\CE AMENDING CHAPTER 22, OF THE HAWAII COUNTY CODE 198_
(1995 EDITIOK), RELATLVG TO STREETS 4ND SIDE«'ALKS
BE IT ORDAINED BY' THE COUNCIL OF THE COUNTY OF HA~L'AII
SECT[Oi: 1 Chapter 22 of the Hawau County Code is hereby repealed m rts entirety
SECTIOi; ? The Ha~a•an County Code is amended by adding a new• Chapter 22 ~a•htch
shall read as follows
"CHAPTER 22
COUVTYSTREETS
article 1. General Provisions
Section 22-I.1. loteut and purpose.
The county council finds that [he pnmary function of county streets is to provtde safe,
efficient and orderly passage of pedestrians, vehicles, and other means of transportation and
where appropriate, to provtde safe, efficient and orderly access to ad~oming properties This
chapter seek to establish a program which preserves and promotes this primary function by
defining and regulating cons[ntcuon within a county street, and uses within or adjacent [o a
county street that are not an integral part of rts infrastructure or necessary for safe and lawful
operation on a street These proctstons do no[ apply to private streets or to streets owned by the
State of Hawau including the Department of Ha~ianan Homes Lands unless otherwise agreed to
by [he State or the Department of Hawanan Homes Lands
-1-
The council further declares that it is m the interest of public safety and welfare to
mandate the naming of all streets and the numbering of all houses and commercial buildings in
the county A fully implemented street naming and building numbenng program would facilitate
all transacUOns which depend on the expedinous location of a street or bwldmg m the county
Section 22-1.2. Definitions.
As used m this chapter unless othenvise specified
(1) "Banner" means any temporary sign which is suspended over a county street
(2) "Bwldmg" means a structure which is occupied for residential purposes or used as
a place of business
(3) "Chief engineer" means the head of the county department of public works or
their duly authonzed representative
(4) "Chief of police" means the head of the county police department or their duly
authonzed representative
"Common dnveway approach" means a dnveway approach that is located along
the frontage of hvo or more properties and is used as an ingress and egress to said
properties
(6) "Dnveway" means a road on pnvate or public property grvine access from a
pnvate or public street to an established use on the property
"Dnveway approach" means an area between the edge of the roadway and
property Ime of any county owned or maintained street that provides ingress and
egress to an abutting property
(8) "Enemeer" means a privately employed licensed professional civil engineer
(9) "Official county street name" means a street name that has been adopted by the
council by dul• promulgated resolution or by the planning director
(l0) "Person" or words importing persons, for instance, "another," "others," "any,"
"anyone," "anybody," and the like signify not only individuals, but corporations,
films, assoaations, societies, commumhes, assemblies, inhabitants of a distnct, or
neighborhood, or persons known or unknown, and the public generally, where rt
-2-
appears, from the subject matter, the sense and connection m which such words
are used, that such construction is intended
(1 1) "Planning director" means the head of the county planning department or their
duly authonzed representative
(12) "Roadway" means that portton of a county street, excluding shoulders, curbs,
gutters, stdewalks or other roadside drainage factlmes, used exclusively by
vehtcular traffic
(13) "Sidewalk" means that portton of a county street defined by a vehtcular separation
devtce such as a concrete, asphaltic concrete or rolled concrete curb that is
intended for pedestnan or other non-vehtcular use
(14) "Speed hump" means a gentle nse m [he profile of the road that is used to regulate
the speed of a vehicle
(15) "Street" means the enure width between property lines of any county owned and
maintained street, avenue, road, alley, highway, lane, path or other place opened,
improved and established for the use of vehicles, pedestnans or both, except as
othenvtse provided by law Thts term shall include roadways as well as
stdewalks
(16) "~'ehtcle" means every licensed or othenatse authonzed devtce m, upon or by
which any person or property is or may be transported or drawn upon a roadway
(17) "Violator" means the property owner, lessee, or the person responsible for the
violation
Article 2. Prohibitions
Section 22-2.1. Encroachments.
Ko object shall be allowed m, under, or over any county street excluding objects that aze
intended or pennrtted by the chief engineer, chief of police or other provisions of law to be m,
under, or over a county street, or which has a clearance of fifteen feet or more above the surface
of the street, such as the canopy of trees
Section 22-2.2. Intersection sight distance.
(a) To presen•e adequate vehicular sight distance at intersections formed by two or more
county streets, no object with a height between three feet and eieht feet above the nearest
surface of the county street shall be allowed within the area defined by the chord of an arc
having a radius of thirty feet from the mtersecuon of property Imes or their extensions
that form the mtersecuon
(b) «'henever unusual condmons exist, such as steep road grades, non-perpendicular
intersections or intersections having more than two county streets, the chief engineer,
may, after an appropna[e analysis, establish an area greater or lesser than that defined m
this section
Section 22-2.3. Damage.
(a) No person shall transport any matenals or operate any vehicle, trailer, machinery,
eympment or any other means of conveyance upon or across any county street m such a
manner that it scratches, mars, excavates or otherwise damages any portion of the street
(b) Unless otherwise permitted by the chief engineer. no person shall drop or spread oil,
paint, gravel, or any other substance or object upon any county street m a manner or m an
amount which creates an unreasonable nsk to persons or property
Section 22-2.4. Impeding and obstructing the public; endangering persons and property.
(a) \o person, without a legal pm•ilege to do so, shall knowingly or recklessly render
impassable, without unreasonable inconvenience or hazard. any county street, whether
alone or with others
(b) No person shall knowingly or recklessly engage in conduct which creates an
unreasonable nsk or harm to any person or property on any county street
Section 22-2.5. Commercial use of county streets.
Except as permitted by the Hawau county council, no person shall use any portion of a
county street for the purpose of displaying, vending, hawking, selling, renting or leasing any
goods, wares, food, merchandise or other kinds of property
-y-
Section 22-2.6. Signs and other advertising materials.
Unless othenvtse allowed by law, no person shall place, leave, deposit or install any
pnvately owned signs, hand bills, posters or other related advertising matenal on or above any
county street Ptnate signs and other advertising matenals are prohibited and shall be subject to
immediate removal by the department of public work according to the provtstons of this
chapter
4rticle 3. Use of County Streets
Division 1. Types of Permits
Section 22-3.1. Types of permits.
(a) "Banner pernuts" include permits to temporanly place a banner over and across a county
street
(b) "Pubhcanon dispenser petmrts" include petmrts to place newspaper stands, news racks,
or other dispensers of handbills or other punted or w•ntten matenals on or over a county
sidewalk
(c) "Sidewalk use permits" include permits to place garbage receptacles, decorative planters,
public benches, required provisions for the disabled or other items which w•tll be placed
to or on the county street for non-commercial purposes that are deemed by the chief
engineer to promote public welfare
Section 22-3.2. Public utilities etemption.
Public unlrttes that have an executed utility franchise, or other legally binding agreement
with the County of Hawau, tncludme provtstons of the Hawau State statutes, are exempt from
the provtstons of this article
Division 2. Baooer Permits
Section 22-3.3. Banner permits; application.
Any person w•ho is an authonzed representative for the subject to be publicized by the
banner may apply for a banner pernut Pernut apphcat~ons shall be submitted upon a form
designated by the chief engineer and shall include, at a minimum, the following information and
attachments
(I) General applicant mfornrauon, ~ e name, address, phone number
(2) A map showing the county street and approximate location of the banner
A descnpuon of where and how the banner will be anchored or secured
(4) Length and w•~dth d~mens~ons of the banner
The height of the lowest edge of the banner above the highest point of the
roadway
(6) The duration of time for w•h~ch the permit is requested
A descnpuon or sketch of the banner's visual content
(8) Statements from all owners and lessees of property fronting the banner consenting
to its placement m front of or ~anhm their propemes
(9) An agreement, to be approved by the corporation counsel, which mdemmfies,
defends and holds harmless the County of Hawan, its officers and agents thereof,
from all claims, demands, suits, actions, or proceedings of every name, character,
and descnpuon which may be brought against the County of Hawau for or on
account of any m~unes or damages to any person or properly received or sustained
by any person by or m consequence of any act or acts of the holder of the permit
for actions done under the permit
(10) A certificate of usurance or a copy of a public liability insurance policy approved
by corporation counsel, and including as an additional named insured the county,
its officers, representatives, employees, and agents coveting any clams or liability
for damages, m~unes or death resulting from any of the uses pernrtted hereunder
The minimum amount of coverage under such policy shall be $1,000,000 per
-6-
occurrence The policy shall be kept in force until the banner is removed from the
county street
Section 22-3.4. Banner permit; criteria for granting.
The chief engineer may issue a banner pemut for a period not to exceed seven
consecutive days unless othenvise authorized by the chief engineer if the following criteria are
met
(I) The banner will not exceed one-hundred square feet and the lowest edee of [he
banner will be at least fifteen feet above the highest point of the roadway
(2) All property owners and lessees fronting the location of the proposed banner have
consented m wnhng to erecting the banner
The applicant has agreed to indemnify, defend and hold hannless the county as
provided above, to the satisfaction of the coiporation counsel
(4) The applicant has submitted a cemficate of insurance or a copy of a public
babihty insurance policy issued by a tamer naming the county as an addmonal
insured as provided above, to the satisfaction of the finance director and the
corporation counsel
(5) The chief engineer finds that the banner will not unreasonably impede or endanger
pedestrians, including the disabled, or other public use of the street
(6) If a complete application (~a•rth all required supplemental data, maps, cemficate of
insurance. etc) is submitted to [he chief engineer for review and approval and no
action (approval, disapproval, deferral or modification) is taken within thirty days
after submittal, the peinut shall be deemed approved subject to applicable teems
and conditions of this amcle
Division 3. Publication Dispenser Permits
Section 22-3.5. Publication dispenser permits; application.
The publisher, editor, distnbutor or seller of any newspaper or any other pubhcation may
apply for a pubhcation dispenser permit Permit applications shall be submitted upon a form
designated by the chief engineer and shall include, at a minimum, the follow•mg information and
attachments
(1) General applicant information, i e name, address, phone number
(2) A descnphon and map of the location of the pubhcation dispenser
(3) The duration of time for which the penny[ is requested
(4) The height of the pubhcation dispenser
(5) The width of the sidewalk that the dispenser will occupy and the clear space that
will remain on the sidewalk after the dispenser is m place
(6) Statements from all owners and lessees ofproperty fronune the pubhcation
dispenser consenting to rts placement m front of their propemes
(7) An agreement, to be approved by the corporation counsel, which indemnifies,
defends and holds harmless the County of Haw•au, rts officers and agents thereof,
from all claims, demands, suns, actions, or proceedings of even' name, character,
and descnphon which may be brought against the County of Hawau for or on
account of any injuries or damages to any person or property received or
sustained by any person by or in consequence of am act or acts of the holder of
the pernut for actions done under the permit
(8) .A cemficate of insurance or a copy of a public liability insurance policy
approved by corporation counsel, and including as an additional named insured
the county, its officers, representatives, employees, and agents coveting any
claim or liability for damages, m~unes or death resulting from any of the uses
permuted hereunder The minimum amount of coverage under such policy shall
be 51,000,000 per occurrence The policy shall be kept m force until the
pubhcation dispenser is removed from the county street
-8-
Sectiou 22-3.6. Publication dispenser permit; criteria for graotitog.
The chief engineer may issue a publtcatton dtspenser petmtt for a penod not to exceed
one year tf the following cn[ena are me[
(1) The publication dtspenser does not exceed four feet to height
(3) The publication dtspenser does not occupy one-fifth of the w•tdth of the stdeH•alk
and will leave a clear width of a[ least three feet
All property owners and lessees tiontmg the publication dtspenser have consented
m wnttng to the use of the sidewalk area
(4) The appltcant has agreed to indemnify, defend and hold harmless the county as
provided above, [o the sausfactton of [he cotporatton counsel
(5) The appltcant has submitted a certificate of insurance or a copy of a publtc
liability insurance policy issued by a canter naming the county as an addmonal
insured as provided above, to the sausfactton of the finance director and the
corporation counsel
(6) The chief engineer finds that the publication dtspenser will not unreasonably
impede or endanger the disabled or the publtc use of the sidewalk area or interfere
wnh vehicular sight distance at mtersecttons and dtneways
If a complete application (with all regwred supplemental data, maps, certificate of
insurance, etc) is submnted [o the chief engineer for review' and approval and no
action (approval, disapproval, deferral or modification) is taken w•rthm thirty days
after subnuttal, the pertnrt shall be deemed approved subject to applicable terms
and condmons of this article
Division 4. Sidewalk Use Permits
Section 22-3.7. Sidewalk use permit: application.
Any person who is an authonzed representative for the use being requested may apply for
a sidewalk use pemut Petmn apphcattons shall be submnted upon a fotm designated by the
chief engineer and shall include, at a minimum, the follow•tng mfonnatton and attachments
-y-
(1) General applicant information, i e name, address, phone number
(2) A description and map of the proposed location show•mg where the proposed
Hems or proposed use will be located
(3) A description of the items that will be placed on the county street
(4) Dates and hours of proposed use
(5) The height of any Hems that will be placed on the county street
(6) The width of the sidewalk that the activity will occupy and the remaining cleaz
space
Statements from all property owners and lessees of property fronting the site that
will be occupied which consent to the proposed use fronting their propemes
(8) Ari agreement. to be approved by the corporation counsel, which mdemmfies,
defends and holds harmless the County of Hawan, its officers and agents thereof.
from all claims, demands, scats, actions, or proceedings of every name, character,
and description which may be brought against the County of Haw•au for or on
account of any m~unes or damages to any person or property received or sustained
by any person by or in consequence of any act or acts of the holder of the permit
for actions done under the permit
(9) A certificate of insurance or a copy of a public liability insurance policy approved
by corporation counsel, and including as an addmonal named insured the county,
its officers, representatives, employees, and agents covering any claim or liability
for damages, m~unes or death resulting from any of the uses permitted hereunder
The minimum amount of coverage under such policy shall be 51.000,000 per
occurrence The policy shall be kept m force until the proposed use is terminated
and the permitted items are removed from the county street
Section 22-3.8. Sidewalk use permit; criteria for granting.
Unless otherwise prohibited, the chief engineer may issue a sidewalk use permit for a
period not to exceed one year unless otherwise authorized by the chief engineer if the followme
criteria are met
(1) The items do not exceed four feet m height
-10-
(2) The use or item will leave a clear width of at least six feet
(3) The applicant has submitted evidence that demonstrates that the proposed use ~s
for non-commercial purposes and will promote public welfare
(4) All property owners and lessees fronting the location of the proposed use have
consented m wnttn¢ to the use of the sidewalk area
The applicant has agreed to mdemmfy, defend and hold harmless the county as
provided above, to the satisfaction of the corporation counsel
(6) The applicant has submitted a certificate of msurance or a copy of a public
liability msurance policy issued by a tamer naming the county as an addmonal
insured as provided above, to the satisfaction of the finance director and the
corporation counsel
The chef engineer finds that the pennrtted use will not unreasonably impede or
endanger the disabled or the public use of the s~dew•alk area or interfere w•rth
vehicular sight distance at intersections and dnvew•ays
(8) If a complete application (with all required supplemental data, maps, cemficate of
insurance, etc) is submitted [o the chef engineer for review and approval and no
action (approval, disapproval, defetral or modification) is taken within thirty days
after submittal, the penmt shall be deemed approved subject to applicable terms
and condmons of this article
Division 5. Permit Conditions
Section 22-3.9. Permit conditions.
In addrtwn to any other conditions imposed by this chapter, all pennrts issued pursuant to
this article shall be subject to the following condmons
(1) All items shall be removed from the county street dunng all penods outside of the
penn[[[ed times and days
-11-
(2) Permittees shall comply with all la~a•s, ordinances and reeulations of the federal,
state and county governments relating to the installation, operation and
maintenance of their permitted items or uses
(3) Pemuttees shall be wholly responsible for the repair and maintenance of all
permitted items, including any associated utility improvements
(4) Only the use descnbed on [he permit shall be deemed to be authonzed by the
chief engineer Any additional uses shall require additional authonzation from the
chief engineer
Should the permitted activity or improvement interfere with or obstruct any
county facility or other authonzed improvements, the peimrttee shall, at their
own expense either
(A) Ternmate the use and remove the activity or miprovement, or
(B) Stove the use to a location acceptable to the chief engineer,
(6) Should the permitted activity or improvement interfere with or obstruct any
emergency repairs to a county facility or public utility, the permntee authonzes
the use of all necessary action to immediately relocate pemutted actrvih or
improvement and shall make no claim for any damages that may result from the
relocation action
Any construction work associated with the permits of this article shall also be
subject to the construction requirements of this chapter
(8) Lpon termination of all permits, the pennrttee shall be responsible for the
restoration of the county street used or occupied by the pernuttee to a condmon
equal to or better than its ongmal condmon
Division 6. Permit Fees
Section 22-3.10. Fees.
(a) l'•pon submission of an application for any permit provided for this article, applicants
shall submit a processing fee of S25
_1?_
(b) Fees shall be waived for any permit issued to or on behalf of federal, state and county
agencies including the department of water supply
Article 4. Construction in County Streets
Division 1. Permitting
Section 22-4.1. Construction permit required.
I:o person shall, m any manner or for any purpose, alter, break up, dig up, disturb,
undermine or die under or cause to be altered, broken up, dug up, disturbed, undermined or dug
under any county street without having first obtained a written peiTriit from the chief engineer
Section 22-4.2. Construction permits; application.
:yny person or authorized representative who is responsible for [he work to be performed
~+ithin a county street may apply for a construction peimrt Permit apphcauons shall be
submitted upon a form designated by the chief engineer and shall include the following
information and attachments
(I) General applicant information, i e name, address, phone number
(2) General contractor, i e nanme, ][tense number, address, phone number
(3) A description and map of the location or address of the county street to be
affected
(4) A plan describing the purpose and nature of [he work to be perfotmed on the
county street
A description of the dimensions of the area of the county street that will be
affected
(6) The approximate starting date, duration of work and working hours
An agreement, to be approved by the corporation counsel, which indemnifies,
defends and holds harmless the County of Hawaii, its officers and agents thereof,
from all claims, demands, suits, actions, or proceedings of every name, character,
-13-
and descnption which may be brought against the County of Hawau for or on
account of any in~unes or damages to any person or property received or sustained
by any person by or m consequence of any act or acts of the holder of the permn
for actions done under [he permit
(8) A certificate of insurance or a copy of a public liability insurance policy approved
by corporation counsel, and mcludme as an additional named insured the county,
its officers, representatives, employees, and agents covenng any claim or liability
for damages, m~unes or death resulting from any of the uses pernrtted hereunder
The minimum amount of coverage under such policy shall be S1,000,000 per
occurrence The policy shall be kept m force until all work is completed to the
satisfaction of the chief engineer
Section 22-4.3. Construction permits; criteria for granting.
The chief enemeer may issue a consttvction permit for a penod not to exceed one year if
the followme cntena are met
(1) The applicant has demonstrated that the construction will be m compliance with
the regmrements of this article and the other proviswns of this chapter
(2) The applicant has agreed to mdemmfy, defend and hold harmless the county as
provided above, to the satisfaction of the corporation counsel
(3) The applicant has submitted a certificate of insurance or a copy of a public
liability insurance policy issued by a earner naming the county as an additional
insured as provided above, to the satisfaction of the finance director and the
corporation counsel
(4) The chief engineer finds that the construction will not unreasonably impede or
endanger pedestnans, including the disabled, or other public use of the street
(5) Ifa complete application (with all required supplemental data, maps, certificate of
insurance, etc) is submnted to the chief engineer for review and approval and no
action (approval, disapproval, deferral or modification) is taken within thirty days
after submittal, the permit shall be deemed approved subject to applicable terms
and conditwns of this article
_ 14_
(6) Work within [he county right-of-~ca}• to be done by appropriately licensed
contractors
Section 22-4.4. Construction permits; conditions.
(a) The applicant shall notify the chief engineer forty-eight hours before the commencement
of any work wrthm the county street
(b) The applicant shall maintain public safety while working m a county street by using
bamcades, construction signs, markings, warning lights, traffic control personnel and
other devises according to "Manual on Uniform Traffic Control Devices for Streets and
Highways" on file m the department of public works
(c) Unless otherwise peimt[ted by the chief enemeer, the applicant shall keep at least one
traffic lane open for two-way vehicular traffic dunng the working hours of the day and at
least bvo traffic lanes open dunng non-working hours ~'l'hen the work interferes with a
sidewalk, the appltcant shall also provide for the safe passage of pedestrians including the
disabled around or through the work area
(d) 1\o material, except the trench excavated inatenal, shall be stockpiled closer than six feet
from the existing edge of pavement
(e) \o construction equipment shall be parked or any materials stored in the county street in
such a manner that the egwpment or materials will obstruct or prohibit pedestrian and
vehicular movements, including driveway movements, except dunng actual working
hours
(f) No excavation shall be left open for more than five working days
(g) The applicant shall repair, restore, or replace all portions of a county street, including but
not (muted to utilities, drainage ways and structures, traffic markings and signs,
driveways and private property that had been altered, broken up, dug up, disturbed,
undermined, dug under or otherwise damaged dunng construction to a state equal to or
better than its original condition Regardless of extsnng conditions, work shall also
uiclude the construction of new curb-cuts for the dtsabled, accessible driveways or other
unprovements such that all repairs complies w•i[h the current requirements of the
Americans with Disabilities Act (ADA)
-1
(h) Before isswng a permit, the chief engmeer may require a cash bond, surety company
bond, or personal surety bond in favor of the county The value of the bond shall be
double the estimated cost of restoring or replacing the county street to a state equal to or
better than its original condition
Work must begin within thirty days and must be completed within one year of the date
the petnut was issued unless otherwise specified Failure to begin or complete the work
as specified will result m the termination of the petmn
Repair, restoration or replacement of count}' streets, highways and sidewalks shall
comply with applicable specifications and plans on file m the department of public
works Copies of these specifications and plans shall be furnished to each applicant upon
making a request
(k) Dmeway approaches shall be constructed or repaired according to the provisions of this
chapter and applicable specifications and plans on file in the department of public works
Copies of these spectficattons and plans shall be furnished to each applicant upon making
a request
(1) Upon completion of the work, the apphcan[ shall immediately remove all egmpmen[ and
materials and shall leave the work area in a clean, safe and sanitary condition satisfactory
to the chief engmeer
(m) All restoration and repair work of the pavement, shoulders and any other county facilities
shall be euaranteed by the applicant aeams[ any defects for a period of one year from the
date of final mspechon
Section 22-4.5. Construction permit; fees.
Construction permit processing fees shall be paid according to the following schedule
(1) For county street excavation, including sidewalk restoration, the apphcan[ for a
pernut shall be required to pay upon submission of an application, a fee of fifty
cents per lineal toot for the first fifty feet of work and an additional five cents per
lineal foot for work m excess of fifty feet, but no fee shall be less than $25
(2) For driveway approaches, the applicant for a permit shall be required to pay upon
submission of an application, a fee of 525 for each driveway approach
-16-
(3) For all other work, construction, or installations w~thm a county street the
applicant for a perm[ shall be required to pay upon subm~ss~on of an application,
a fee of S25
(4) Fees shall he waived for permits issued to or on behalf of federal, state and county
agencies including the depanment of water supply
Division 2. Sidewalk Standards
Section 22-4.6. Maintenance of sidewalk area.
(a) Every owner of land abutting on or ad~ouung any county street shall mamtam adjacent
side~a•alk areas m good condmon This area shall include that portion of the county street
between the outside face of the curb and the abutting property line The sidewalk area
shall also include the gutter when the gutter and curb are constructed as a single umt
(b) All landowners shall, at their o~a•n expense, mamtam the sidewalk area and the pomons of
their properties that adjoin the sidewalks by trimming, cutting, pruning, mowing or using
other methods to control landscape plants, weeds, noxious growths or other materials that
would damaee the sides+alk area or interfere wrth or incom•emence pedestrian traffic
(c) All landowners shall, at their ow•n expense, be responsible for repair of all damages to the
sidewalk area that can be attributed [o the owner's failure [o provide proper maintenance
or abuse The chief engineer shall determine the extent of repair or maintenance required
and whether damages were caused by a lack of maintenance or abuse
Section 22-4.7. Sidewalk repair.
All repair work shall be performed according to the pernutting requirements of this
chapter
_1?_
Division 3. Driveway Approach Standards
Section 22-4.8. Proper driveway approach required.
(a) Vo county street shall be used for ingress or egress to a property without a properly
located and constntcted dnveway approach
(b) All dnveway approaches shall be constructed m accordance with thts chapter except for
those county streets that do not have curbs and sidewalks and are fully paved from the
lateral Ime of the roadway up to the property Ime
Section 22-4.9. Standards for driveway approaches.
(a) Width of dm•eva•ay approach
(1) Except for commerctal and mdustnal uses, dnveway approaches shall not exceed
thirty-six feet m width, mcludmg dares This vytdth shall be measured along the
outstde face of the curb or the lateral Itne of the roadway
(2) Dm•eway approaches for commerctal and mdustnal uses may be wider than
thtrty-six feet to width, mcludmg flares, tf designed by an engineer and approved
by the chief engineer
(b) Common dnveway approaches
(l) The chief engineer may perm[[ the creation of a common dnveway approach for
separate parcels when requested by the affected property owners
(2) Except for commerctal and mdustnal uses, common dnveway approaches shall
not exceed thtrty-six feet m width, mcludme flares Thts width shall be measured
along the outstde face of the curb or the lateral line of the roadway
(c) Distance between dnveway approach and property hoes Except for a common dnveway
approach, no portion of a dnveway approach. mcludmg flares, shall be constructed closer
than hvo feet from the extenston of any property hoe dividing two lots except where a
property frontage is less than twenty feet, m which case the flared portions of the
dnveway may go beyond the property hoe extenston
(d) Location of dnveway approaches at intersections
(I) Intersections without a traffic signal system
-18-
(.4) Except for commercial and mdustnal uses, no portion of the driveway
approach mcludme flares shall be constructed within thirty feet of the
intersection of property lines or their extensions However, if the property
comer at the county street intersection is defined by a curve having a
radius of greater than thirty feet, no pomon of the dnveway approach
mcludmg Flares shall be constructed within the curve
(B) For commerctal and mdustnal uses, no portmn of the dnveway approach
including flares shall be constructed within seventy-five feet of the
intersection of property Imes or then extensions However, if the property
comer at the county street intersection is defined by a curve having a
radius of greater than seventy-five feet, no portton of [he dnveway
approach mcludmg flares shall be constructed within the curve
Intersections with a traffic signal system I:o portton of [he dnveway approach
mcludmg flares shall be constructed ~a•ithin seventy-five feet of the intersection of
property fines or their extensions However, tf the property comer at the county
street intersection is defined by a curve having a radtus of greater than
seventy-five feet, no portton of the dnveway approach, mcludmg flares, shall be
constructed within the curve
If a property does not have sufficient county street frontage to comply with [he
intersection location requirements, the dnveway shall be located as far from the
intersection as possible ~ plot plan show•tng the location of the dm~eway shall be
submitted to the chief engineer fur review and approval
(e) btaximum number of dnveway approaches
(1) Except for commercial and mdustnal uses, no property shall have more than hvo
dnveway approaches A common dnveway approach shall be counted as one of
the two dm~eway approaches Two dnveway approaches will be allowed if they
meet the width, spacing and location requirements of this chapter
(2) For commercial and mdustnal uses, multiple dnveway approaches shall be
designed by an engineer and approved by the chief engineer
(f) Spacing between dnveway approaches
- l9-
(1) Ekcept for commercial and mdustnal uses, when more than one dm•eway
approach is to be constructed for a property, there shall be a minimum space of
thirty feet behveen approaches
(2) For commercial and mdustnal uses, when more than one dm•eway approach is to
be constructed for a property, the spacing between dm•eway approaches shall be
deternuned by an engineer and approved by the chief engineer
(g) Public facilities
(I) No dnveway approach shall interfere with any existing public facilities located
within a county street Typical public facilities include street lighting poles,
traffic signal poles and equipment, signs, catch-basins, fire hydrants, crosswalks,
parkme spaces and meters, bus loading zones, utility poles, underground public
utilities and other related public structures or improvements ~a•ithm a county
street
(2) [f a proposed dnveway approach interferes with an existing public facility, the
o~a•ner of the property using the dnve~a•ay approach shall bear the expense of
removing, reconstructing or relocating the facility This work shall be performed
according to the provisions of this chapter
(31 If a new public facility interferes earth an existing dnveway approach, the owner
of the public facility shall bear the expense of removing, reconstructing or
relocating the dnveway approach and its related tmprovements, including paying
for all damages resulting from the work and restonng all pnvate lands to a state
equal to or better than ns ongmal condition
(4) Culverts, swales and other drainage tmprovements No dm~eway approach shall
interfere ~a tth the proper runoff of surface waters into, or passage of waters
through existing drainage culverts. swales, ditches, watercourses, defiles, or
depressions ~~`hen m the construction of a dnve~+•ay approach, the proper runoff
of surface waters and other ~a•aters regwre the construction of a drainage structure
other than a Swale, such drainage structure shall be designed by an engineer and
approved by the chief engineer
_?p_
Section 22-4.10. Maintenance of driveway approaches.
All landowners shall, at their own expense, maintain and repair their dnveway approach
such that rt does no[ cause a hazard to, interfere with or uiconvemence vehicular or pedes[nan
traffic Maintenance shall also include drainage structures or other improvements that are
integrated or included as part of the dnveway approach These responsibilmes shall continue
until the dnveway approach is removed and the area restored to a condmon meeting with the
satisfaction of the chief engineer
article 5. addresses
Division 1. Street Names
Section 22-5.1. Posting street names at intersections.
The chief engineer shall post the official county names where two or more county streets
intersect
Section 22-5.2, adoption of street Dames.
The authonty [o name and to approve the change of names for all streets, including
pm ate and state owned streets, within the county is delegated to the planning director, to be
exercised m accordance with administrative rules and regulations established by the planning
department
Section 22-5.3. Street Dame repository.
The planning department shall serve as a repository for all official county street names
-21-
Division 2. Building Numbering
Section 22-5.4. Numbering houses and buildings mandated.
All buildings m the County of Hawau, which are occupied for residential purposes or
used as a place of business, shall be numbered
Section 22-5.5. 'Numbering buildings regulated.
(a) The chief engineer shall regulate the numbering of all buildings within the County of
Hawau
(b) The chief engineer shall have on file a map or series of maps showing building numbers
within the County of Hawau
Section 22-5.6. Buildings to be numbered; duties of the properh owner.
(a) Every property owner of a building shall number such bwldmg m accordance with the
provisions of this section upon receipt of a building number from the chief engineer
(b) .Any wrong number shall be removed or effaced
(c) The building number shall be posted m accordance w•rth the provisions of this section
within thing days after receipt of the assigned number
(d) All buildings shall be numbered at the expense of the owner
Section 22-5.7. Assignment of building numbers.
The chief engineer is authorized to assign an appropriate number to each building upon
application for a building permit or upon request by the propeny owner, lessee, tenant, renter or
goveniment agency
Section 22-5.8. Application for a budding number.
The following information shall be provided to the chief engineer when applying for a
bwldmg number
(1) Tax map key number of the property on which the bwldmg is located
(2) Name of the property owner
_22_
(3) A map showing
(A) The location of the dnveway
(B) The location of all structures on the property
22-5.9. Standards for posting building numbers.
(a) The property owner shall post the asstgned number at the entrance of a dnvew•ay and,
when the dnveway provides access to more than one bwldmg, the assigned numbers shall
be posted on each of the buildings
(b) The following shall serve as a guideline for posting bwldmg numbers
(I) V umbers should be of a contrasting color from the background on which they are
placed
(2) Vumbers should be at least two inches m height
(3) 1\umbers should be placed and punted to a permanent manner Chalk or other
effaceable matenal is not pennrtted
Article 6. Speed Humps
Section 22-6.1. Powers and duties of chief engineer.
The chief engineer may
(1) Construct, place, approve, remove and repair speed humps on county streets when
deemed necessary for public safety
(2) Grant or deny requests from the public pursuant to this chapter for the placement
or removal of speed humps on county streets
Section 22-6.2. Requests for approval.
The chief engineer shall approve the requests as deemed appropnate All requests for
speed humps must provide
(1) The name of the county street on which the speed humps are to be placed
-23-
(2) The proposed location of the speed humps for the highway mentioned in
subsection (1)
(3) Petition of the property owners whose property abuts the county street within five
hundred feet of the proposed speed hump, in support of the speed hump
Section 22-6.3. Process for approval.
The chief engineer shall revie~a• all requests for approval for location, design and
construction to ensure that they meet the guidelines as established m the "Gwdelmes for the
Design and Application of Speed Humps," Institute of Transportation Engineers, vlay 1993, or
as subsequently revised
4rticle 7. Variances
Section 22-7.1. Variances; application.
(a) In unique cases where strict enforcement of this chapter would result m unnecessary
hardship or practical difficulty, and where desirable relief may be granted without
detriment to the public interest. convenience or welfare, a request for a variance may be
submitted to the chief engineer
(b) b'anance applications shall be submitted upon a form designated by the chief engineer
and shall include the following information and attachments
(1) Property owner's name, phone number, and mailing address
(2) Tax map key number of the affected property
(3) A map showing
(A) The location of the driveway
(B) The location of all structures on the property
(4) Code section from which a variance is requested
(5) Explanation of the applicant's unique circumstances and why consequently,
compliance with the applicable code section would be difficult or cause an
unnecessary hardship
_24_
(6) Explanation of alternative measures that apphcant is proposing [o take m lieu of
compliance with the applicable code section
(7) Evidence that desired relief may be granted without detnmentally affecting the
public interest
Section 22-7.2. Variances; criteria for granting.
Only m situations where the following condmons exist may a vanance be granted
(I) A grant of a vanance is necessitated by peculiar physical conditions not ordmanly
found in most distncts, because of the peculianty of a business, or as a result of a
speaal event or circumstance
(2) Granting the vanance ~+ill not adversely affect the nghts of adjacent property
owners or tenants
(3) Granting the vanance ~+ill not unreasonably violate the interest, safety,
convenience, or general welfare of the public
(4) A stnct application of the terms of this chapter would result m unnecessary
hardship and practical difficulty upon the apphcant or community
Section 22-7.3. Variance application fees.
(a) Upon submission of an application for a vanance provided for m this article, applicants
shall subnut a processing fee of $2~
(b) Fees shall be waived for any variance applied for by a federal, state or county agency
including the department of water supply
Article 8. Violations, Penalties, Enforcement
Section 22-8.1. Violations.
Failure to comply with any provision of this chapter, any rule adopted pursuant to this
chapter, or rvrth conditions imposed as part of any perm[[ or vanance from [he provisions of this
chapter, shall constitute a violation of this chapter
Section 22-8.2. Administrative enforcement.
(a) In lieu of or m addmon to enforcement pursuant to the prov~swns of this chapter, tf the
chief engineer detennmes that any person ~s v~olatmg any provision of this chapter, any
rule adopted pursuant to this chapter, or any condmons imposed as part of any permit or
~ anance from the proviswns of this chapter, the chief engineer may serve the person with
a notice of violation and order pursuant to [tits section Sen~ce may be accomplished
through personal sen•tce or by cemfied mail The chef engineer may also post a copy of
the nonce of vtolat~on and order at the site of the violation
(b) The notice of v~olauon shall include at least the follow mg mformat~on
(I) Date of the nonce
(2) \ame and address of the person noticed
(3) Section number of the provision, rule, pernut, or vanance that was violated
(4) Vature of the violation
Location and date of the violation
(c) The order may regwre the person to do any or all of the following
(I) Cease and desist from the violation
(3) Correct the violation at the person's own expense before a date specified m the
order
(3) Reimburse the county for costs incurred dunne the course of perfonning any
corrective work
(d) Pay a crnl fine not to exceed $500 m the manner, at the place and before the date
specified in the order
Pay a cavil fine not to exceed 5500 per day for each day m which the violation
persists, m the manner and at the time and place specified m the order
(d) The order shall advise the person that county costs and tines assessed under this section
shall constnute a lien upon the subject property upon the filing of said hen w•nh the
bureau ofconvevances
(e) The order shall become final thirty calendar days after the person's receipt of the order.
unless the chief engineer's decision is appealed to the county board of appeals within the
thirty-day penod
-2G-
(fJ The provisions of the order issued by the chief engmeer under this section shall become
final thirty days after the receipt of the order, unless the chief engmeer"s action is
appealed to the county board of appeals as provided in this section
(g) Any person adversely affected by any order issued under this section. may within thirty
days after the sen ice of the order, appeal the order to the count}' board of appeals Ari
appeal to the county board of appeals shall stay the provisions of the chief engineer's
order pending the final decision of the board
(h) The chief engmeer may institute a civil action m any court of competent )unsdution for
the enforcement of any order issued pursuant to this section ~•'here the civil action has
been mstitined to enforce the civil fine, recover county costs, or both, as imposed by said
order, the chief engmeer need only show that
(I) The nonce of violation and order were served
(2) That a civil fine, county costs, or both were imposed
(3) The amount of the cn•il fine, county costs, or both imposed
(4) That the fine, county costs, or both imposed have not been paid
p) Annually, on September 1, the chief engmeer shall file with the bureau of com~eyances.
hens on all properties which have been the sub)ect of fines or county costs levied under
this section, which remain unpaid for one year or more after final ad)udication and the
expiration of [he time for any further appeal
Fines assessed under this section shall constitute a hen upon the sub)ect property upon the
filing of said hen with the bureau of conveyances This hen shall be considered for
purposes of authonty, to be the equivalent of liens which anse pursuant to the provisions
of chapter 19 of the Hawau County Code
Section 22-8.3. Criminal prosecution.
(a) Any person whether as pnncipal, agent, employee, or otherwise, violating or causing or
permitting the violation of any of the provisions of this chapter, shall be guilty of a
violation, and upon conviction thereof shall be sentenced as follows
(I) For a first offense, by a fine not exceeding 500
_Z?_
(2) For a subsequent conviction which occurs +vuhm five years of any pnor
conviction for a violation of this article, by a fine of not less than 5500 but not
exceeding 51,000
(b) After a conviction for a first vtolahon under this chapter, each further day of violation
shall constitute a separate offense tf the + tolatton is a continuance of the subject of the
first conviction
(c) The tmposthon of a fine under this section shall be controlled by the provisions of the
Hawau Penal Code relating [o fines, sections 706-641 through 706-64~, Hawau Revised
Statutes
(dl Any authonzed personnel may issue a summons or crtahon to an alleged vtolator m
accordance with the procedure specified to this section Nothing m this section shall be
construed as bamng such authonzed personnel from uuuattng prosecution by penal
summons, by complaint, by warrant or such other~udtctal process as is permuted by
statute or rule of court
(e) Any authonzed personnel issuing a summons or citation for a violation of this article may
take the name and address of the alleeed violator and shall issue [o the alleged vtolator a
wntten summons or crtahon notifying the alleged vtolator to answer at a place and at a
time provided m the summons or crtahon
(fl There shall be provided for use by authonzed personnel a forni of summons or crtahon
for use m crtmg violators of this amcle which does not mandate the physical arrest of
such violators The form and content of such summons or cuanon shall be as adopted or
prescnbed by the admintstrattve~udge of the dtstnct court and shall be punted on a form
commensurate +a•tth the form of other summonses or citations used m modern methods of
anest, so designed to include all necessary information to make the same valid under the
laws and regulations of the State of Ha++au and the County- of Hawau
(g) [n every case when a crtahon is issued, the ongmal of the same shall be etven to the
vtolator, provided that the administrative fudge of the dtstnct court may prescnbe the
grvtng to the vtolator of a carbon copy of the citation and provide for the dtsposrtton of
the ongmal and any other copies
-28-
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the
number of rte respective ongmal
Sectiou 22-S.d. lojunctive action.
The County of Hawau may maintain an action for an m~unction to restrain any violation
of the provisions of this article and may take any other lawful action to prevent or remedy any
violation
Section 22-8.5. Emergency powers; procedures.
(a) No[<vrthstandmg any other law to the contrary, if the chief engineer detennmes [hat a
violation of this chapter will cause imminent pent to the public health and safety, the
chief engineer, without a public heanng, may order the responsible persons to
immediately cease then acuvrties, and may perform all necessary work and other actions
as may be necessary to correct the violation The order shall fix a place and time, not
later than twenty-four hours thereafter, Cor a heanng to be held before the heanngs
officer
(b) Nothing m this section shall be construed to hmrt airy power authonzed by la~a• whrch the
chief engineer or any other county official may have to declare an emergency and act on
the basis of such declaration
Section 22-8.6. Corrective work by the county; costs.
(a) When the chief engineer determines that a violation of this chapter will cause imminent
pent to the public health and'or safety, the department of public works may perform all
necessary cork to coned the violation This work may include, but may not be limned
to, cleating or removing of encroaclunents and obstructions, removal of egwpment,
matenals, goods, wares or merchandise found within a county street, repair and
maintenance of sidewalk areas and dmeway approaches, bamcadmg of illegal dnveways
and metalline bwldmg numbers
_~9_
(b) All costs incurred dunng the course of perfonnmg any corrective work shall be paid by
the violator The department of public works shall give, by certified matt, a bill to the
~ tolator The vtolator shall then have thirty days from the date of mailing to pay the bill
(c) Should the vtolator fail to make full leeal payment within thtrty days, the county may use
all legal means available to recover its expenses and costs of cleanng by any action
allowed m law or equity, including any proceeding allowed for the foreclosure of tax
hens These costs and expenses shall constitute a hen against the violator's property upon
the filing of the hen with the State bureau of conveyances
(d) Signs, banners, equipment, goods, wares, merchandise and other pnvate items removed
by the department of public works will he stored at the nearest county highway
maintenance baseyard Owners may recover removed items dunng the normal working
hours of the baseyard The county will not be responsible for the safe keeping or proper
storage of these items At the end of the calendar year all items shall be appropnately
disposed or discarded no matter ~a•hen they were removed dunng the calendar year
Section 22-8.7. Limited liabilih• of authorized personnel.
The authonzed personnel charged with the enforcement of this article, acting m good
faith and without malice m the discharge of the dunes required by this article or other pertinent
law or ordinance shall not thereby be rendered personally liable for damages that ma}~ accrue to
persons or propem• as a result of an act or by reason of an act or omission m the discharge of
such dunes A smt brought against the authonzed personnel because of such act or omisswn
performed by the authonzed personnel to the enforcement of any provision of this article or other
pertinent laws or ordinances miplemented through the enforcement of this article shall be
defended by the County of Hawan until final terimauon of such proceedings, and any~udgment
resulting therefrom shall be assumed by the county
Section 22-8.8. Remedies cumulative.
The remedies provided in this article shall be cumulative and not exclusive
-30-
Article 9. Legal Compliance and Rule Making
Section 22-9.1. Compliance with this chapter and other laws.
Any approval or permit issued pursuant to the provisions of this chapter shall comply
with all applicable requirements of thts chapter The granting of a permit or vanance under this
chapter does not dispense Ranh the necessity to comph~ with any law, ordinance, regulation or
any other provision of the Hawau County Code to which a permrttee may also be subject
Section 22-9.2. Adoption of rules.
The chief engineer may adopt rules pursuant to chapter 91, Hawau Revised Statutes,
necessary for the purposes of this chapter "
SECTION 3 If any prov~s~on of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid provision or application, and to
[his end, the provisions of this ordinance are declared to be severable
SECTIO\ 4 This ordinance shall take effect upon ns approval
INTRODUCED BY
U~rvur~
COL'~'CIL MEMBER L O HA~~'.AII
i
Hilo, Hawau
Date of Introduction
Date of 1st Readtne
Date of 2nd Reading
Effective Date
itct•tltFtlCFs Comm. 700
-31-