HomeMy WebLinkAboutORD 1992-138 1988-1992BILL NO. 687
(Draft 3)
AMENDING AND ADDING SECTIONS TO CHAPTER 23, ARTICLES 1, 2, 4, 5
and 6, HAWAII COUNTY CODE 1987, AS AMENDED, RELATING TO SUBDIVISIONS.
BE IT ENACTED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Development of resorts in the County
of Hawaii since the enactment of the Subdivision Control Code
has shown a need for provisions in the Code which will allow
resorts more flexibility in roadway and pedestrian access
within the resort complex. The experience of developing major
resort destination areas has allowed the County of Hawaii to
identify those design elements of the Subdivision Control Code
which should be retained and those design elements which could
be varied to suit the unique needs of a particular resort,
especially as it applies to private non-dedicable roads. The
amendments are being proposed as a result of 25 years of
experience in an effort to provide more certainty in road
design and in processing subdivision applications relating
thereto.
SECTION 2. Chapter 23, Article 1, Section 23-3, Hawaii
County Code 1987, add a new Section 23-3(a) to be appropriately
numbered to read as follows:
"Resort subdivision" means land which• (A) is within
a resort area as designated in the County General Plan document
or on the Land Use Pattern Allocation Guide (LUPAG) Map; (B) is
zoned Resort -Hotel by the zoning code• or (C is adjacent to
land described in Section 23-3(a)( )(A) or (B) of this chapter
and whose onlyingressor egress is through land described in
Section 23-3(a)( )(A) or (B).
SECTION 3. Chapter 23, Article 2, Section 23-12, Hawaii
County Code 1987, amend Section 23-12(a) as follows:
filing.
Section 23-12. Submission of application and plans;
(a) A person desiring to subdivide land or desiring
to partition land by creation of a street within the County
shall submit an application for subdivision and preliminary and
final plans and documents for approval as provided in this
chapter and State law.
SECTION 4. Chapter 23, Article 4, Hawaii County Code,
amend Title of Article 4 as follows:
Article 4. Application for Subdivision and
Preliminary Plat,
SECTION 5. Chapter 23, Article 4, Division 1, amend
Section 23-58 as follows:
Section 23-58. Application for subdivision, plat and
plans submitted by subdivider.
COUNTY OF HAWAII STATE OF HAWAII
..................... .
BILL NO. 6 $ ~
(Draft 3)
ORDINANCE NO. 92 138
A BILL FOR AN ORDINANCE
AMENDING AND ADDING SECTIONS TO CHAPTER 23, ARTICLES 1, 2, 4, 5
and 6, HAWAII COUNTY CODE 1983, AS AMENDED, RELATING TO SUBDIVISIONS.
BE IT ENACTED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Development of resorts in the County
of Hawaii since the enactment of the Subdivision Control Code
has shown a need for provisions in the Code which will allow
resorts more flexibility in roadway and pedestrian access
within the resort complex. The experience of developing major
resort destination areas has allowed the County of Hawaii to
identify those design elements of the Subdivision Control Code
which should be retained and those design elements which could
be varied to suit the unique needs of a particular resort,
especially as it applies to private non-dedicable roads. The
amendments are being proposed as a result of 25 years of
experience in an effort to provide more certainty in road
design and in processing subdivision applications relating
thereto.
SECTION 2. Chapter 23, Article 1, Section 23-3, Hawaii
County Code 1983, add a new Section 23-3(a) to be appropriately
numbered to read as follows:
"Resort subdivision" means land which• (A) i within
a resort area as designated in the~County Gen ral Plan document
or on the Land Use Pattern Allocation Guide lL PAG) Map• (B) is
zoned Resort-Hotel by the zoning code• or (C) i adjacent to
land described in Section 23-3(a)( )(A) or (B) of this chanter
and whose only ingress or egress is through land described in
Section 23-3(a)( )(A) or (B).
SECTION 3. Chapter 23, Article 2, Section 23-12, Hawaii
County Code 1983, amend Section 23-12(a) as follows:
Section 23-12. Submission of application and plans;
filing.
(a) A person desiring to subdivide land or desiring
to partition land by creation of a street within the County
shall submit an application for subdivi ion and preliminary and
final plans and documents for approval as provided in this
chapter and State law.
SECTION 4. Chapter 23, Article 4, Hawaii County Code,
amend Title of Article 4 as follows:
Article 4. Application for Subdivision and
Preliminary Plat.
SECTION 5. Chapter 23, Article 4, Division 1, amend
Section 23-58 as follows:
Section 23-58. Application for subdivision, plat and
plans submitted by subdivider.
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(a) The subdivider shall [prepare] submit a written
application for subdivision, a preliminary plat [together
with] improvement plans and other supplementary material to
[indicate the general program] describe the nature and
objectives of the [project] proposed subdivision, and shall
submit eight copies, or more if requested by the director, of
the preliminary plat and other supplementary material to the
director [planning department's office].
(b) All pertinent information on the preliminary
plat shall be drawn to scale.
(c) Where the area to be subdivided contains only
part of the tract owned or controlled by the subdivider, the
director may require a sketch of a tentative layout for streets
in the unsubdivided portion.
S~ Application for Resort Subdivision The
subdivider may file an application for resort subdivision An
application for resort subdivision may either be filed under
this Section 23-58(d) or under any other provision of this
chapter If an application for subdivision is filed and r thi
Section 23-58(d) it shall be clearly designated a such Such
application shall, in addition to all other information to be
submitted with subdivision application preliminary plat and
other supplementary material, include the following_
A statement acknowledoino that all
improvements will not be approved for dedication unl a and
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until such improvements satisfy all of the rev it men for
dedicable improvements.
~Z A description of the provisions made for
permanent maintenance of the private roadway within th
proposed resort subdivision.
LZ A description of how subs auent own rs of
the property will be notified of the private pat re of th
improvements and maintenance responsibilities
SECTION 6. Chapter 23, Article 4, Section 23-62 shall be
amended to add a new Section 23-62(d) to read as follows:
~Z The subdivider shall compl to all r puirem nts
specified as conditions for approval of the preliminarv plat
(tentative approval) within 3 years of said approval An
extension of not more than two years may be grant d by the
director upon timely written request of the subdivider At the
end of said three year period or its approved extension unless
all said conditions are completed, the approval of the
preliminarv plat shall expire and shall be of no further force
or effect, or shall be subiect to the technical review of the
applicable agencies for compliance with current code and rule
requirements. This subsection shall be applied to all
subdivision applications which have received tentative
subdivision approval and which have not completed subdivision
improvements, provided the three year period and extension if
applicable, shall be taken from the effectiv date of this
ordinance and not from the date of preliminarv plat (tentative)
approval.
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SECTION 7. Chapter 23, Article 5, Section 23-70 shall be
amended to add Section 23-70(4) as~follows:
Section 23-70. Supplemental information with final
plat. The following data shall be submitted with the final
plat:
[(1)] ~ A complete title report issued by a
licensed title Company in the name of the owner of the land,
showing all parties whose consents are necessary and their
interests in the premises when required by the director;
[(2)] S~ Five copies of any deed restrictions
applicable to the subdivision; [and]
([3)] S.~Z Written proof that all taxes and
assessments on the tract are paid to date[.]; and
~ For non-dedicable streets in a resort
subdivision, the subdivider shall submit a recordable document
with the Director which shall describe all non-dedicable
streets, the ownership thereof and access riohts thereon for
all lots in the subdivision and the maintenance rights and
responsibilities therefore. The document shall contain
statements as follows: that non-dedicable streets within the
resort subdivision have not been built to the standards
required for streets which are dedicable to the Countv of
Hawaii; that such streets will accordinoly not be accepted for
dedication unless they are brought into compliance with the
requirements for dedication as of the time they are offered for
-5-
dedication; and that the County of H
for maintenance of such non-dedicatil
shall be in a form acceptable to the
corporation counsel For subdivided
iurisdiction of the Land Court, such
with the Land Court. For all other
document shall be recorded with the
Conveyances.
SECTION 8. Chapter 23, Article
amended by adding a new subsection 2
awaii is not responsible
a streets. The document
chief engineer and
_land within the
document shall be recorde
subdivided land, the
h ate of Hawaii, Bureau of
5, Section 23-74 shall be
3-74(d) as follows:
.~ Non-dedicable streets. In addition to all other
requirements for approval of the final plat herein, if the
subdivision includes any non-dedicable streets the subdivider
shall, prior to final approval, deposit a duly recorded copy of
the document described in Section 23-70(d) of this chapter with
the director.
SECTION 9. Chapter 23, Article 6, Division 2, add a new
Section 23-95.1 to read as follows:
Section 23-95.1. Improvements for Resort
Subdivision. Except as provided in this Section 23-95.1,
improvements for resort subdivision shall be as provided in
this Article 6, Division 2, of Chapter 23, Hawaii County
Code. Upon submission of a resort subdivision application,
the following standards shall apply.
-6-
~Z Non-dedicable resort street A private street
within the resort subdivision may be established upon approval
by the director in consultation with the chief engineer. Such
streets shall be restricted to use only for lots within resort
subdivisions Divided roadways may include medial separations
and elevation separations Grades and curves of resort
subdivision streets shall conform to Section 23-50 or its
successor statute. Pavement widths and minimum resort
subdivision street rights-of-wav shall be as specified in
Section 23-41(a) or its successor statute. Resort subdivision
streets shall also conform to Sections 23-43. 23-44, 23-45,
23-46, 23-48 or their successor statutes.
~}Z Sidewalks for resort subdivisions shall be
required for safety of pedestrians. In considering the need
for such sidewalks and the appropriate location of sidewalks.
the director shall consider the following factors in addition
to anv other relevant factors:
(1) ped estrian cir culatio n within resort area;
(2) int eraction of vehicu lar traffic to
pedestrian traffic;
(3) interaction of pedestrian traffic with uses
in resort area and applicable adiacent area; and
[4) topographv and slope of the area. If
consistent with pedestrian safety and with the factors listed
above said sidewalks may be constructed along roadwavs or at
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other suitable locations to accommodate pedestrian traffi
whether or not the sidewalks are ac~iacent to resort subdivision
streets.
~Z A private resort subdivision stree meeting only
the minimum requirements of this section shall not be
dedicable If a private resort subdivision treet is off red
for dedication after final subdivision approval said stree
must meet all of the requirements for a dedicable street under
this chapter applicable as of the date that the street i
offered for dedication.
SECTION 10. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
bracketed material or the underscoring need not be included.
SECTION 11. This ordinance shall take effect upon its
approval. Notwithstanding any other provisions of this
ordinance, the provisions of this ordinance shall not affect
any subdivision approvals in effect as of the effective date of
this ordinance.
INTRODUCED HY:
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COUNCIL MEP ER, C NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 18, 1992
Date of 1st Reading: November 18, 1992.
Date of 2nd Reading: December 2, 1992
Effective Date: December 4, 1992
APPROVED AS TO FORM AND LEGALITY:
~ti~-cam. ~~-~-~--
DEPl7TT CO~~ORATION COUNSEL
;/ DEC - ~ 1992
DATE:
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OFFICE OF THE COUNTY CLERK
Countyof Hawaii
H,10 Hawaii
Introduced By: Takashi Domingo (DRUT 3)
ROLL CALL VOTE
Date Introduced: Novembex 18, 1992 AYES NOES ABS EX
First Reading: NoveTber 18, 1992 ARAKAKI x
Published: DE LIMA x
DOMINGO x
REMARKS: HALE x
LAI x
MAKUAKANE X
RUDDLE x
SCHUITE x
9 o a
Second Reading: December 2., 1992 (DRAFT 3) ROLL CALL VOTE
To Mayor: December 3 ,
1992 —Returned: December4 , 1992 AYES NOES ABS EX
Effective: December 4 , 1992 DE LIMAX
I X
Published: December 21 , 1992 DOMINGO
OLDNOMINGG O X
REMARKS: HALE x
A L Q N 7 0 x
LAI x
MAKUAKANE x
RUDDLE
SCH x
9 Q d 1Q
I DO HEREBY CERTIFY that the foregoing .BILL was adopted by the County Council and
published as indicated above.
C .7NCIL CHAIRMAN
rj s'
COUNTY CLERK
Approve�!! tzr��thi day
19
of
AV
MAYOR, COUNTY OF HAWAII Bill No.: 687 (Draft: 3)
Reference: _ PC - 336
Ord. No.: Z' 138