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HomeMy WebLinkAboutCOM 0493.000 1998-2000 Oy~tV OF MR~+. i~ J~ I.. li(11313`i JEA:~I LEITHEAI7-TODD ^ ~~x: i~''-'~ F'.'h9ne; (SQf3) 961-8261 Cuunrilm~mr6cr ~ ~ n ry n .T ~ FAX: {808) 969-3291 J (J J ~7 10 ~ ~P4 OF~H?% - - r , , , - C-'OIINTY C'C)1)~1C'I1~ County of ! fuu~aii Ha<a1nic Cnt~nht ijrrifclr~l<; ~5 f~tif7tfili ~tt'c'rl October 13, 1499 Hilo, Hau?uii 9viZfi TO: James Y. Arakaki, Chair and Members of the E~awaii County Council F1ZOM: Bobby Jean Leithead-Todd, Chair ~1=~ Committee on Planning RE; Proposed Bi1i No. 276, Draft 3 Subdivision Code Attached for your favorable consideration is proposed Bill No. 276, Draft 3. Because Chapter 23, (the Subdivision Code) is being repealed, it is nat necessary to rarr4seyer the bill; however, to assist the reader in noting the changes, we have provided a ramseyered working dra#i; of Bill 276, Draft 3, and an accompanying table which lists the corresponding section changes between Bill 276, Drafts 2 and 3, as reflected in the ramseyered working draft. I3rafl 3 has been modified considerably to allow a better flow and grouping of information. Please fee! free to call me if you have any questions. Comm. No. Fiie No. ~ "s ~ ~Le#. Tot Note: Di11 276 originated in the 1994-1996 Council Tezm and Date QC~` Z s is associated with Coerrn. No. 1195 (94-96) and ; Comm. No. 227 (96-98). Changes between Bill 27b, Drafts 2 and 3 Suction # (Draft Z} Sectiion # Section Title (draft 3) 23-1-1 23-1-1 ~ Title 23-1-2 23-1-2 Purpose and intent 23-1-3 23-1-3 Severability 23-1-4 23-1-4 Adoption of Mules 23-1-5 23-1-5 Definitions 23-2-1 deleted ~ Review and acceptance of application ,computation of tune 23-2-2 deleted Conditions. 23-2-3 deleted Filing fees 23-2-4 23-2-1 Public utility, public facility, or public rights-of--way subdivisions 23-2-5 deleted Cemeteries and crematories 23-2-6 23-2-2 Planned Developments 23-2-7 23-2-3 Consolidation or resubdivision 23-2-8 23-2-4 Subdivision not involving streets, drains, utilities or other improvements 23-2-9 23-2-5 Pre-existing subdivisions 23-2-10 deleted Plantation Community Subdivision 23-2-11 23-2-6 Farm subdivisions 23-2-7 Notice to property owners and lessees of record 23-2-12 23-2-i6 Persons who may appeal; procedure 23-2-13 23-2-17 Performance of subdivision approval conditions pending appeal 23-2-18 Conduct of appeal hearing; costs 23-2-14 23-2-19 Standard of review 23-2-2U Adoption of rules 23-2-15 23-2-8 Variances permitted 23-2-1 b 23-2-9 Grounds for variances 23-2-1? 23-2-10 Applications for variances 23-2-18 23-2-1 I Notice of action on variance application 23-2-19 23-2-12 Actions on variances 23-2-20 23-2-13 Review of director's action by non-applicant 23-2-21 23-2-14 Appeal of director's action by subdivider 23-2-22 23-2-15 Further appeal rights 23-2-23 23-2-2i No subdivision without final subdivision approval 23.2.24 23-2-22 Na recordation without fnal subdivision approval 23-2-25 23-2-23 No issuance of building permit, utility installation permits, or acceptance of street dedications without final subdivision approval 23-2-26 23-2-24 No conveyance of land prior to final subdivision approval 23-2-27 23-2-25 Criminal prosecution 23-2-28 23-2-26 Right of entry and limited liability for authorized personnel 23-2-29 23-2-27 Injunctive action 23-2-30 23-2-28 Administrative enforcement 23-2-31 23-2-29 Remedies cumulative 9-30-99bh 23-3-1 deleted Pre-application meeting 23-3-2 23-3-1 Application straddling land court and regulAr system lands 23-3-2 Review of subdivisions in three steps; complete submittals 23-3-3 Filing fees 23-3-4 Conditions 23-3-3 23-3-6 Submittal requirements 23-3-4 23-3-7 Review ~ 23-3-5 23-3-8 Action 23-3-6 ' 23-3-9 Effective period of preliminary subdivision approval 23-3-7 23-3-5 Phased Development 23-3-5 23-3-10 Submitta! requirements 23-3-9 23-3-11 Review 23-3-1U 23-3-12 Action 23-3-1 l deleted Time limitation 23-3-12 23-3-13 Alternative procedures for final subdivision approval 23-3-13 deleted Time limitation 23-3-14 23-3-15 Construction of improvements -inspection and certification 23-3-15 23-3-14 Agreement to complete construction 23-3-16 23-3-16 Submittal requirements 23-3-17 23-3-17 Review 23-3-18 23-3-18 Action 23-3-14 23-3-19 Release of surety after completion of improvements 23-3-20 23-3-20 Recordation of final plat 23-3-21 23-3-21 Change after approval 23-3-22 deleted Vacation of plats 23-3-22 Nullification of plats 23-3-23 23-3-23 Dedication procedures 23-4-1 23-4-1 Compliance with applicable rules and regulations required 23-4-2 deleted Special building setback lines 23-4-3 23-4-2 Monuments 23-4-4 deleted Right-of--way improvement 23-4-5 deleted Block general design 23-4-6 deleted Block sizes 23.4_7 deleted Long blocks; easements 23-4-8 deleted Large lot subdivision 23-4-9 23-4-3 Lot size, shape, and setback line 23-4-10 23-4-4 Minimum lat sizes 23-4-11 23-4-5 Lot side lines 23-4-12 23-4-11 Access to lots; Through lots 23-4-13 23-4-6 Flag lots 23-4-7 Large lots 23-4-8 Public streets 23-4-14 23-4-10 Street classification 9-30-99bh 23-4-15 23-4-12 Street layout in conformance with general plan, zoning, and topography 23-4-16 23-4-13 Widening of existing streets within or adjacent to subdivision 23-4-17 23-4-27 Improvement of offsite access street 23-4-1 S deleted Requirements for dedicable streets 23-4-19 23-4-14 Future street extension; stubout; reserve strips; street plugs 23-4-20 23-4-15 Cud-de-sacs 23-4-21 23-4-16 Half streets 23-4-22 23-4-17 [Right of way width, pavement width, sidewalk and curb requirements Pavement width. 23-4-22(b) 23-4-18 Curb, Gutter Sidewalk 23-4-19 Shoulders and swales 23-4-23 23-4-20 Pavement design 23-4-24 23-4-21 Grades and curves 23-4-25 23-4-22 Intersections 23-4-26 23-4-9 Private streets 23-4-27 23-4-23 Street trees 23-4-28 23-4-24 Pedestrian and bike ways 23-4-29 23-4-25 Street lights 23-4-30 23-4-26 Street names and traffic signs 23-4-31 23-4-28 Utilities location within streets 23-4-32 ~ deleted Easements for utilities; size; conveyance 23-4-29 Utilities location outside street rights-of--way 23-4-33 23-4-30 Public water system available 23-4-34 23-4-31 Public water system not adequate or not available i 23-4-35 23-4-32 Sewer system available 23-4-36 23-4-33 No sewer system available 23-4-37 23-4-34 General 23-4-38 deleted Accommodation of upstream drainage areas 23-4-39 23-4-35 Special flood hazard areas 23-4-40 23-4-36 Drainage improvements and easements 23-4-41 23-4-37 Dedication fir parks, playgrounds, and public access 23-4-42 23-4-38 Reservation for parks, playgrounds, and public building sites 9-30-99bh r° 276 (Draft 3) AN ORDINANCE AMENDING CHAPTER 23 OF THE HAWAII COUNTY CODE, AS AMENDED. RELATING TO SLIBDTVISIONS. BE IT ORDAINED BY THE COTJ'_VCIL OF TITS COTJNTY OP HAWAII: SECTION 1. Chapter 23 of the Hawaii County Code is hereby repealed. SECTION 2. The Hawaii County Code is amended by adding a new [Chapter] chapter 23 which shall read as follows: "CHAPTER 23 SUBDIVISIONS. Article 1. General Provisions. Section 23-3-1. Title. (The provisions of thin This chapter(, inclusive of any a.mendments,] shall he known [and may be cited] as the Subdivision Code. Section 23-1-2. Purpose and intent. The purpose and intent of this chapter is to promote the general health, safety, and welfare of the people including without limitation the following: (a) To guide the future growth and orderly development of the County in accordance with the general plan and zoning code; {b} To ensure adequate and efficient transportation, water, sewerage, drainage, and other community requirements and facilities; {c) To provide for the safety of pedestrians, bic~c]es and vehicles, and facilitate ~~v~lonments that reduce the dependence ors private vehicular tries: [to] To accommodate emergency vehicles; and September 30, 1999 1 (Ramseyer Working Draft) [(d)] ~ To ensure proper legal description and monumenting of subdivided land. Secttion 23-1-3. Severability. If any portion of this chapter, nr its application to any person or circumstance, shall be held unconstitutional car invalid, the remainder of the chapter and the application of such portion to other persons or eircttmstances shall not be affected. Section 23-1-4. Adoption of Rules. The director, chiefenginecr, andlor other appropriate agency may adopt rules, in accordance with IIRS chapter 91, t«r the purpose of [implementing] augmenting and clarifying the provisions of this chapter. The rules [shall] may include, without limitation, construction and design standards and specifications for streets, sidewalks, curbs and gutters, drainage, and other improvements required in this chapter, Where [The] t~ specifications shall strive to balance engineering factors relating to public health and safety, construction costs, and maintenance costs, with other factors such as housing affordability, em~ironmental factors, and aesthetic considerations. Section 23-1-5. I~etinitions. ~ Ott tr erms that eta oat define. ~,p,,~~hjs chanter shalt be iTiven heir reap .t~ve d~itions as found in chanter~~,park dedications 22 (streets and si~~walks~, 25 {,~onin 1 jflood control and 34 (shoreline and mqunlain access) of the County Code. [(a)J ~ Whenever used in this chapter, the following words and phrases, unless the context otherwise requires. shall be defined as indicated: Ali "A~ricultur~" ~ the care ~.n~~roduction of livestock livestock nrod~c.~t noultrv or noultrv nrod~t~~~aculture or aattaGulture products apiary, horticultural agronomical or floricultural products, or the planting, cultivating;. and harvesting of cr~p~ or trees includine tree farms A~ricultur ~roducti~~ ~~,~~l~de but nQ~ a li i pr~,paration for crol,~nroduction in accordance with acceptable agricultural r,~ aotices. [(1)] ~ "Alley" means a private right-of--way primarily designed to serve as secondary access to the back or side of properties whose principal frontage is on another street. [(2)]~ "Arterial" see "street, primary arterial" and "street, secondary arterial." [(3) "Average daily traffic" (or AnT) means the average weekday number of vehicles per day that pass over a given point.] September 30, 1999 2 (Ramseyer Working Draft) (4) "Authorized personnel" means a pQli~~~~ficer oc,.~persun_or persons authorized in writi~ b}~ the director. [(4)] ~ "Block" means an area bounded by streets and/or other defined geographical features such as rivers or shorelines. [(5)] ~ "Building line" means a line on a plat indicating the limit beyond which buildings or structures may not be erected. [(6)] ~ "Bureau of conveyances" means a division in the department of land and natural resources, [state] 'tat of Hawaii, where legal documents of any kind entitled to recordation may be filed. [(7)] "Chief engineer" means the chief engineer of the department of public works of the County. [(S)] ~ "Commission" means the planning commission of the County. [(9)]~ "Consolidation" means the combining of two or more lets into [one lot.] a lesser number of lots. [(10} "County general plan" means the plan adopted by the County for the guidance of growth and improvement of the County, including modifications or refinements which may be made from time to time.] (11) "Col-de-sac" means adead-end street with a turnaround. (12) `Days" means calendar days, uunless otherwise noted. with time computed by exclud' the fir i da and i 1 v ' S Sunda ar holidaxa in which case it ~ also excl~t~~l. [(12)] ( "Dead-end street" means a street with only one outlet, with or without a vehicular turnaround, and includes a col-de-sac or a stubout. [(13)] ~ "Director" means the planning director of the County. [(14) "Director of transportation" means the director of the state department of transportation. ] (15) "District engineer" means the district engineer of the division of highways of the State department of transportation far the County. Se}~ternber 3fl, 1999 3 (Ramseyer Working Draft) (l 6) "F,asement" means a grant of the right to use a designated portion of land for specific purposes. (l7) "F,ngineer" means a person duly registered us a licensed professional civil engineer in the State. "Environmental engineer"means th~~erso~~~j ~n~l d,Y the State department of ealth to revi~~,~,tt}~~~sion annlications "Farm ~.l,~b~jv~.sion" means 1e,~5e. hc~l_d parcels within an aericultural mooned distri~~ having a minimum leasable land area of flue acres ~rghibiting~~y StructurP~~ temnorarv. seasonal. or nt~~~'lll. r~.s~~aa ial occ Haney or habitation [(1 R)] 7~0 '`Fire chief' means the fire chief of the fire department of the County. "Hood control code" means chapter 27 of the County Code (~2l "General plan" means the elan adopted by the Chanty ~ the a~i.~~ance of r e t w made from time to time. " n f w " w documents relating to lands with title r~~~.~d with the land ~o~~ may be fil.~d.~or recczrdation [(19}] ~4 "Lot" means a parcel of land [intended] shown as a unit [for transfer of ownership or for development. J on an approved subdivision mad [(20}] l~ "Lot, flag" means a [building site] lc~t consisting of an access drive and a [body in such a manner that the body] ~uil~ia le portion of the lo~.that would be landlocked from a public stree# or private way except for connection by the access drive[.] a d in w ~ the lot's street frontage is less than the minimum lot width standards for the ~onin~ district in which the lot is located. [(21)] "Lot, reversed frontage" means a through lot which is not accessible from one of the parallel or nearly parallel streets upon which it fronts. [(22)] l~ "Lat, through" means a lot having a frontage on two parallel or approximately parallel streets other than alleys and access being derived from either of the two S#reetS. September 30, 1999 4 (Ramseyer Working Draft) [(23)] "Manager" means the manager of the department of water supply of the County. [(24)] l~ "Pavement width" {or "traveled way"} means the width of that portion of the street, paved or otherwise available for vehicular traffic[,] and on-st_reel R~r~.rtS wh~~,~ permitted, but not including shoulder areas (regardless of whether paved or unpaved). Where curbs are laid, the pavement width is measured by the distance between the face of the curbs for drop curbs or the inner line (gutter) of the curbs for roll-type curbs measured at right angles to the [centerline.] center line. [(25)] (.~Q~ "Pedestrian way" means a public right-of--way [through a block between lots] outside of the street right-of-waX for pedestrian ~,,,~,~,ycle traffic, which may also be used as a utility easement. [(26)] ~,.)1 "Person" means an individual or group of individuals, partnership, joint venture, corporation, company, unincorporated association, syndicate, governmental or quasi-governmental entity, or any legal entity, including any trustee receiver, assignee, or other similar representative thereof. [(27}] "Plat" means the map or drawing on which the subdivider's plan of subdivision is presented and [which he submits] submi to for approval. [{28}] ~ "Reserve strip" means a nonaccess reservation, placed under public control with conditions approved by the director, along rear property lines of reverse frontage lots. [{29)] "Right-of--way" means [the area between property boundary lines] ~ j~~„~~eat~d as a lot ~r,~~n,~a,Sement area in#end~d for use as a street,~pec~~,~tri wa or [as a] or drainage or utility [easement.] pub„1 oZ ses< [(30)] "Roadway" means the portion of a street right-of--way developed for vehicular traffic, including any shoulders. [(31 } "Sanitary engineer" means the sanitary engineer of the state department of health. ] [(32)] "Sidewalk" means a surfaced walkway for pedestrian traffic. September 30, 1999 5 (Ramseyer Working Draft) [(33)] ~ "Street" means aright-of--way [or easement] for vehicular and pedestrian traffic, and the placement of utilities, [and includes a road, boulevard, highway, place, avenue, lane, court, alley, or however otherwise designated.) traffic sign~~, strPPr l~hts. ~treetscaae landsca~n~, and other ~rmitt c~~ponent_5 of ~ street right-of=wav. [(34) "Street, collector" means a street supplementary to the arterial street system which is a means of intercommunication between this system and smaller areas, and which may be used to some extent for through traffic and to some extent fnr access to abutting properties.) [(35)] "Street, commercial or industrial" means a street providing primary access to lots within any commercial or industrial zoning district[.], t mixed co~nm rcial- w 11 [(3fi)] "Street, half' means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street is to be provided in another subdivision. [(37)] ~ "Street, local" means a street whose: sole function is to provide access to abutting properties, and designed to carry the least amount of traffic at the lowest speed. "Stree rn.~,ior ~~,(.[eotor" means a street supplementary to the arterial street s e w ' s an which gt1,~y be used~marily f~~r through traffic and to some extent (i~r access o abu ina properties. [(38)] (42.~ "Street, marginal access" or "sen~ice road" means a [minor] street, parallel and adjacent to an arterial[,) ~r major collector, providing access to abutting properties, but protected from through traffic. [(39)] ~ "Sheet, minor " means a street whose principal function is to provide access to abutting property but is also designed to carry traffic from adjoining locaE streets to moor collector or arterial streets. It is designed to carry higher traffic volumes than local streets, but is intended to serve motorists having origin or destination within the immediate neighborhood it is not intended to interconnect adjoining neighborhoods or subdivisions and should not carry regional through traETc). September 30, 1999 b (Ramseyer Working Draft) [(40)] , "Street, primary arterial" means a street intcnded to move traffic to and from major traffic generators, and between or through large areas or communities. [(41)] "Street, private" means a street [providing primary access to land,] retained in private ownership. "Stree~,~public" means a st~~~ meet~g t_he standards of this chanted a_rtd to r i5 ha r ff r r [(42)] "Street, secondary arterial" means a street intended to collect and distribute traffic in a manner similar to ~ primary [arterials] erial, but to and from lesser traffic generators, and to carry traffic from collector streets to primary arterials. [(43)] (48) "Street plug" means a reservation for street purposes, placed under public control under conditions approved by the director, for the extension of streets from a subdivision into adjacent lands that may he subdivided in the future. [(44)] ~ "Stubout" means that portion of a street measured from the nearest intersection, improved in accordance with the requirements of this chapter, ending at the boundary of the tract and resulting in a temporary [deadend] d. ead-end until such time that this street is extended from the tract into adjacent lands that may be subdivided in the future. [(45)] SLR "Subdivision" or "Subdivided land" means improved or unimproved land [or lands] divided into two or more lots, [parcels,] sites, or other divisions of land for the purpose of whether] immediate or future ofl sale, lease, rental, transfer of title to or interest in any or all such [parcels, includes re-subdivision, and when appropriate to the context, relates to the process of subdividing of the land or territory subdivided. Easements for the purpose of road and utilities shall not he construed as subdivided land.] lots or divisions of land. Subdivision i n 'v' n the creation or conversion ~ c ~ i e ' 'n awaii Revised Statutes section 441-1. [(46)] ~ "Subdivider" means a person or any combination of persons wha cause land to be divided into a subdivision[.]~who is the le~l owner of the land or the duly authorized ~;~,~t of the legal owner. September 30, 1999 7 (Ramseyer Working Draft) [{47)] 5~2 "Surveyor" means a person duly registered as a licensed professional land surveyor in the State. [{48)] 5~3 "Tract" means the property which is the subject of the subdivision application. "Lonin~code" means chapter 25 of the you Code [Article 2. Administration and Enforcement. Division 1. General Administration.] [Section 23-2-1. Review and acceptance of applications; computation of tune. (a) Complete Application. (1) Each submittal in the subdivision approval process {preliminary subdivision approval, construction plans approval, final subdivision approval) shall be reviewed by the director for completeness within 14 days from the date that the submittal was filed by the subdivider, (2) During the 10 day period, the director shall either determine that the submittal is complete and accept the submittal as of the date that the submittal was filed by the applicant or shall determine that the submittal is defective. (3) If the director determines that the submittal is defective, the submittal shall be returned to the subdivider together with a deficiency notice which lists of the information missing from the submittal. (4) Any submittal that is rejected as defective may be refiled together with a copy of the deficiency notice and the required additional information. The resubmitted submittal shall be accepted as complete as of the date of resubmission, provided that ail required additional information has been submitted. (S) If the director fails to act upon any submittal within the 10 day period, the application shall be deemed complete and shall be considered accepted as of the date that the submittal was filed. (b} Computation of Time. Unless otherwise specifically provided, the time within which September 3d, 1999 ~ (Ramseyer Working Draft) an act is tc? be done shall mean calendar days computed by eKCluding the first day and including the last, unless the last day is a Saturday, Sunday, or holiday, in which case it is also excluded.] (Section 23-2-2, Conditions. The subdivider has the duty of compliance with reasonable conditions required by the director fur design, dedication, and improvement of the ]and so as to conform to the physical and economical development of the County and to the safety and general welfare of the future occupants in the subdivision and of the community at large.] [Section 23-2-3. Filing fees. Reasonable fees sufficient to cover the costs of administration may be charged as follows: (a) Filing Fee. Each application for a subdivision is subject to the payment of the following fee: $ 100 plus $ ] 0 per lot noted on the initial preliminary plat or cluster plan development and for each additional lot resulting from any subsequent amendment of the initial preliminary plat exclusive of any lots set aside for roadway or easement purposes or lands dedicated for public use. (b) Exceptions. (1) The filing fees shall not apply to applications for subdivision or consolidation of land submitted by any agency of the State of) Hawaii ar of the County. (2) The filing fees shall not apply to subdivision of land into burial within the confines of duly-established cemetery areas; provided that a processing fee will he filed as follows: $104 per acre and proportionate fee for fraction of acre thereof. (c} Payment. The payment of the filing fee shall be made at the planning department's office and payable to the director of finance upon the filing of an application for subdivision or consolidation. (d) No Refund. No portion of the fee is refundable for applications granted preliminary subdivision approval. A portion of fee equivalent to ten percent of the fee or $50, whichever is greater, shall be retained for applications which have been withdrawn before granted preliminary subdivision approval.] September 30, 1999 9 (Ramseyer Working Draft) Article 2. Admitnistration Division [2] j. Exceptions, Sectioa? (23-2-4.] 23.2.1. Public utility, public facility, or public rights-of--way subdivisions. jThe requirements, including lot sizes, and] The improvement standazds of this chapter shall not be applicable to public utility, public facility, or public rights-of--way subdivisions and their remnant parcels; provided that the director upon conferring with the chief engineer and the manager [of the department of water supply) may require necessary improvements to further the public welfare and safety. [A subdivision application must be filed. [f no improvements are required, the application may be submitted for final suhdivision approval.] it 'v to iz r uir or blic ~g~,I~of-why subdivisions pursuant to the zonine code. The director may~a ve ] t s a final lat rovid d no ' rovements are re fired and th r ' ets t greq~irerrtents of a final~at. [S~ction 23-2-5. Cemeteries and crematories. The requirements and standards of subdivisions in this chapter shall not apply to cemeteries and crematorium; provided that the use of land for cemeteries or crematoriums shall comply with zoning requirements and ordinances pertaining to the establishment of cemeteries in the County. A subdivision application must be filed. If no improvements are required, the application may be submitted for final subdivision approval.] Section ]23-2-6.] 23-2-2. Planned developments. The director may make improvement standards exceptions to this chapter for planned unit developments, cluster plan developments, ~]l~lral proiect districts or project districts approved under the zoning code where a plan and program for a complete community or neighborhood unit provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated and covenants or other legal provisions are provided to assure conformity to and achievement of the plan. The director mav.~rocess subdivision review im It eousl w' r val development application. September 30, 1999 10 (Ramseyer Working Draft) Section [23-2-7.] 23~-,-,, Consolidation or resubdivision. The consolidation of lots whether or] shall not [accompanied by resubdivision] be sub~ec~t improvement standatds of tats chanter, Anv ~ccompanyin~, resubdivi~ion of conso~j,~,~~~. lots resulting! in the creation of the same ~r fewer numher o(' Its [than] that [which] existed prior to the consolidation [/resubdivisian action,] (not in~l~din~ri,~hf~-of-wav lotsl. shall not be subject to the [requirements and standards of this chapter; provided, however, that for resuhdivisions, the director, upon conferring with the chief engineer and manager, may require improvements for drainage, ar for roadways to ensure that each lot has minimum access and compliance with street standards if a new street is being created, or other requirements necessary to further the public health, welfare and safety. If no improvements are required, the application may be submitted for final subdivision approval.] imprm~ement standards of this cha tamer. p.~~d~d_t~;at t~__h~direc, tQr, 'n with he •hi f n pine r may et rmin i v in order to avid the creation or ~ggr~~t~on of a con~ilion which clearly is of public safety v 1' v' r uir a d the relimin lot mee s the u'rements of a fin 1 1 Section [23-2-8.] 23-2-4. Subdivision not involving streets, drains, [or] utilities[.] ~r other p,t•oveineng~,. If a subdivision [involves no] does not involve streets, drains, [or] utilities. [the subdivider may submit a final plat map and apply for final subdivision approval.] or of r improvements. t~,~ director may approve the preliminarv.plat as a final lp at. pro ed hP p~l~~ai~r~l~rg~~~ts the requirements of a final plat. Sectioae [23-2-9.] 23-2-5. lire-existing subdivisions. The i~rovement standards of this cha t r i 1 ~v~ ' meet the minimum lot size for the applicable zoninu district_ thelots ~ha1l e~~ med nonconforming lots under the zonine code. The director shall certify a subdivision as pre- existing [prior to 1947, which is the effective date of the original subdivision code of the County, in accordance with rules adopted pursuant to this chapter, The requirements, including lot sizes, and standards of this chapter shall not be applicable to pre-existing subdivisions; provided that the director upon conferring with the chief engineer and manager of the department of water September 30, 1999 1 l (Ramseyer Working Draft) supply may require necessary improvements to further the public health, welfare and safety. A subdivision application must be filed. [f no improvements are required, the application may he submitted for final subdivision approval.) ~,~yided the su~livid~,orovi~~ reasonable eviden,~e ~1at the subdivision meets the following,criteria: (a~,The lot s) was creat~,d~~n~ g~~orded..prior to 1944; or (bl The lot s, vas creed through court order~,g~partition,) prior to 1973: and 1t ~ "t vl a propertytax records' artd The configuration of the lot( had neve,~~gg~ tered fro,~,,jl~.~ginal shape or she (Sects®n 23-2-10. Plantate®n community subdivisi®n. A plantation community subdivision is a subdivision established on lands formerly owned by sugar plantations and which had been developed into housing and community buildings for employees of the plantation. (a) Criteria. A plantation conununity subdivision may be established in former sugar plantation communities if all of the following conditions exist: (1) A sugar plantation has provided housing for its workers which developed into a plantation community. (2) The plantation community has existed for at least fifty years. (3) The sugar plantation is no longer in operation. (4) The fee title of each proposed lot within the plantation community on which the housing and improvements exist is to be conveyed in fee simple to the former employees of the sugar plantation. (b) Designation as a plantation community. The planning director shall review and investigate any application for a plantation community subdivision to determine if the plantation community involved meets the criteria established herein, except however, due to public safety and health considerations, the established plantation community with the approval of the council by resolution, may be relocated to another area within the region. (c) Notice. Upon receipt of an application for a plantation community subdivision, the director shall fix a date for approva! or disapproval. of the plantation community subdivision and September 30, 1999 12 (Ramseyer Working Draft) _ notify the applicant. The applicant shall serve notice of the application upon owners of interests in properties within three hundred feet of the perimeter boundary of the applicant's property. The notice shall state: {1) The name of the applicant. {2) The nature of the Bequest. (3) The location of the subject property ar properties. (4) The date by which public comments and comments from the affected agencies must be submitted to the planning director. (d} Appeals. The applicant or other interested parties may appeal the director's determination on the designation to the board of appeals in accordance with its rules. (e) Infrastructure. Notwithstanding any other provisions herein, the requirements of this chapter to provide infrastructure improvements shall not apply to a subdivider of a plantation community subdivision, provided that the planning director in consultation with the chief engineer and the manager of the department of water supply may require the improvements necessary to further the public health and safety. (f) No ohana dwellings. All of the proposed lots within a plantation community subdivision shall prohibit the construction of an ohana dwelling or second dwelling unit, or any structure that will further any increase in density of the plantation community subdivision. This prohibition shall be recorded in the deeds of all the proposed lots with the bureau of conveyances and shall be submitted to the planning department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the bureau of conveyances likewise prior to final subdivision approval. (g) Lots. The sire and configuration of the lots and setback requirements in a plantation community subdivision are exempt from the provisions of this chapter and chapter 2S of the Hawaii County Code. (h) Agriculture district. (1) For lands within the State land use agriculture district, lot sizes of Less than September 30, 1999 13 (Ramseyer Working Draft} one acre tray be allowed, provided that: (A) The planning director designates the subject area as a plantation community subdivision; and (B) The area of the proposed subdivision is reclassified into the State land use urban district. (2) if the above procedure is not applicable or deemed inappropriate by the planning director, then the subdivision may be considered under the procedures described in section 46-15.1 and section 2U 1-21 U, Hawaii Revised Statutes. (i} Procedure. Except as provided in this article, the subdivision process for the plantation community subdivision shall be required pursuant to this chapter.] Secti®n (~3-2-11.( 23-~-6. Patera subdivisions. (a) Purpose. The purpose of this section is to allow a person(s) owning property within an agricultural zoned district [by the Hawaii County Code], to lease the property for agricultural purposes, provided that structures far residential occupancy or habitation shall be prohibited. This [article] section is intended to encourage landowners to provide affordable leased agricultural lands [which are leased] at reduced infrastructure] standards warranted by the prohibition of residential or habitable structures. [(b) Definitions. (1) `agriculture' means the care and production of livestock, livestock products, poultry or poultry products, aquaculture or aquaculture products, apiary, horticultural, agronomical or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms. Agricultural production may include but not be limited to land preparation for crop production in accordance with acceptable agricultural practices. (2) `farm subdivision' means leasehold parcels within an agricultural zoned district having a minimum leasable area of fcve acres, prohibiting any structures for temporary, seasonal, or permanent residential occupancy or habitation.] [(c)]~ Restrictions, [Requirements]rt~atai[~ n s and [Standards] standards fora [Farm Subdivision] farn~ sub~.jvi~jorl. The [planning] director may approve farm subdivisions under the September 30, 1999 14 (Ramseyer Working Draft) . following conditions: (1) The minimum leasable area within a farm subdivision shall be five (5) acres, irrespective of the minimum lot size of the applicable zoning [urdinance.] i.~ r' (2) Any structures fir temporary, seasonal, or permanent residential occupancy or habitation shall be prohibited. (3) Farm subdivision provisions shall be applicable only to leasehold lands located within an agricultural zoned district and shall be a ]case term of no less than ten (l 0) years and a maximum of thirty (30} years. The terms of the lease sha[1 be clearly defined in the lease agreement. (4} The owner of the parcel and lessees shall submit a soil conservation plan approved by the United States [Department] department of ~riculture's [Natural Resources Conservation Service] natural resources_conservation service or other appropriate a~encv upon filing for a farm subdivision. (5) The owner of the parcel shall file a map, drawn to scale, of the parcel indicating the land area under consideration for the farm subdivision and the number of leasable areas and acres. (6) The leases within a farm subdivision shall be recorded by the bureau of conveyances and a copy of the recorded document shall he filed with the [planning] director upon its receipt from the bureau of conveyances. Each lease shall: (A} Restrict uses to agriculture as deftned in [Section 25- ,Chapter 25 of the Hawaii County Code except that farm dwellings or structures suitable for residential occupancy or habitation shall be prohibited;] this chanter: (B) Provide a roadway maintenance agreement for all roadways within the farm subdivision; and (C) Assure implementation of the soil conservation plan required in [subsection (d) ofJ this section and compliance with the provisions of such plan, including maintenance of conservation improvements specified therein. (7) Notwithstanding the provisions of [Chapter 23] this chest ,the following September 30, 1999 15 (Ramseyer Working Draft) infrastructure standards shall apply: (A) Water, A water system for a farm subdivision shall not be required. (B) Roadway improvements. Roadway improvements within a farm subdivision which are less than those required under [the County of Hawaii Subdivision Code] is clam may be approved. (i) Adequate access from a government road shall be provided to a farm subdivision meeting the requirements of the department of public works for the purpose of access to a farm subdivision. (ii} Roads within a farm subdivision shall be the property and the responsibility of the subdivider, lot owner, and/or lessees pursuant to an executed roadway maintenance agreement. [(iii)J. c(~} Nullification. In the event that ccmditions, relative to the area in which a farm subdivision is located, change to such extent that a farm subdivision is no longer feasible or desirable, the lessor-owner may apply to the [planning] director to nullify the farm subdivision, provided that the consent of all lessees within the subdivision is secured. Upon the approval of the nullification of the farm subdivision by the [planning] director, the parcel shall revert to its original status. (d) Procedure. Except as provided in this section, the subdivision process for a farrra subdivision shall be [complied with] re wired pursuant to the~rovisions of this chapter. [hivision 3. Appeals) Division 2. Notifi~tion. Se~.~~t~ 23_2_7. Notiee to probe awners ~.J~essees of record. fa) W~ienever noti~~ ~ reauirec~ under thig ch~~„ no 'ce ~~,~j~.e served to owners and lessees of record of surrounding properties: wi t hundr d f f i d o t e lot affected I,~1)~~plLlication if the lot is located within the state land use urban rural district: or l2~ within five hundred feet of env rsoint along_the ,perimeter~u_n~~ry of the lot September 30, 1999 1 b (Ramseyer Working Draft) affected bathe applica 'on if•the I~t is located within the star use agricultural distriot• ~,,j~ h~ t~•~~iing lots are Iota Pd vy• hip e' her the state f:~tld use urban or rural district• notice shall he served on the wnerc and lessees of recorc of all lots which anv portion i~ within three hun~r~ feet of e lot (b) The subdivider shall serve no icP f 1, e filin of the application on the~Urro d~ldin~ s a s after receivin n i director or h the date Of th~j~rQtlost d artinn or hParinn !cl in determininu the namet and ~ddressec of ,affected ou~nets and lecceec of record as re uired h thi, secti m h 'v' til' le from th rt tax office• ~ rovided that where the director has received written notice nradditional or sequencers or lessees of record and has so informed the sub~vider,~he subi~ivider shall i subdividers all 1 tice to such h r wn r 1 f r bdivi ctual knowle other owners or le sees of record fdl Tate notice to the affected r~o~erty owners at lessees sha[1 ' ~dP wino information: ~1.. Th name of t~~ b~i~vider: ~?L~ precise location of the prom involved: ~3j '~lte nature of the request !41 The date on which the director will c ns~idert__P anplication• and j~) That such date is the d~,g~],~ne or e ~jt•ertor's actual receipt of written comments on the application. Prior to the deadline for written ~~;r,~>s~,!„~>~subdivider shall • t~.~a~~~,tor roof of service or of good faith efforts to Serve notice o the anplication S h rtified mail v' wn r 1 'v writte t i validate an action b the direct r r r w re made b the subdivider t serv thg.~ to pZOperty p~;er ot• es September 30, 1999 1 ~ (Ramseyer Working Draft) fel Notice b~Publication At lust ten calendar davs orior~ t~ th~dat~ Qf the director's or ~o~mis,~ion's co~sid~ration of the application the director or commission Thal] publish in a .O~wsoaner of e~~ral circulation noti.~e of the aan icati~n and the date h~w~:ich written comments must he in the actual receipt of the director or~mmission. Division ~4.] Variances, S~tion [23-2-15.] 3~- Variances permitted. Variances from the provisions of this chapter may be granted; provided that a variance shall not primarily effectuate relief from applicable density limitations; and provided further that the subdivider has [complied with the requirements for a preapplication meeting in section 23-3-1 or] submitted an application for preliminary subdivision approval. Section [23-2-16.] ~3-2-9. Grounds for variances. A variance may only be granted if the following [is] found: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or [applicant] divider of substantial property rights that would otherwise be available, or to a degree which [deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which] obviously interferes with the best use or manner of development of that property; and (b) There are no other reasonable alterrsatives that would resolve the difficulty; and {c) The variance will be consistent with the genera! purpose of the district, the intent and purpose of this chapter[,] and the [County] general plan, and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character~or to adjoining properties. Bastion [23-2-17.] X2_10• Applications for variances. Application for a variance shall be on a form prescribed for this purpose by the director and shall be accompanied by: (a) A filing fee of $250; (b) A description of the property in sufficient detail to determine the precise location of the property involved; September 30, 1999 ~ R (Ramseyer Working Draft) (c) A plot plan of the property, drawn to scale, with all existing and proposed structures shown thereon; (d) A list of the names and addresses of all owners and alI [others with property interests in property within three hundred feet of the perimeter boundary ofthe applicant's property;) surro~,~' w ~,~,~nd l~~s~es of rec ro d of~ron-~,.erty interests in nm y reauire~g,~e notified- and (e) Any other plans or information required by rules adopted by the director in accordance with chapter 91, Hawaii Revised Statutes. Section [23-2-18.) 23 Z-11. Piotice of astinn on variance application. [(a) Notice to Owners of Property Interests.] Upon acceptance of a variance application, the director shall fix a date for the director's action on the application. [Within five working days after receiving notice of such date, the applicant shall serve notice of the application, on owners of interests in properties within three hundred feet of the perimeter boundary of the applicant's property and to owners of interests in other properties which the director may find to be directly affected by the variance sought. Such notice shall state: { 1 }`The name of the applicant; (2) The precise location of the property involved; (3) The nature of the use sought and the proposed accompanying structures, if any; (4) The date on which the director will consider the application; and (5) That such date is the deadline for the director's actual receipt of written comments on the application. Prior to the deadline for written comment, the applicant shall submit to the director proof of service or of good faith efforts to serve notice of the application on the designated property owners. Such proof may consist of certified mail, receipts, affcdavits, or the like. (b) Notice by Publication. At least ten calendar days prior to the date of the director's consideration of the application, the director shall publish, in a newspaper of general circulation, notice of the application and the date by which written comments must be in the actual receipt of September 30, 1999 19 (Ramseyer Working Draft) the director.) The subdivider shall serve ~.~ice of the vari.ancc ap ]u ication upon owners and lessee$ of rec~rd~.n~ hie ddr~~tor shall oublish notice of the anplica 'o pursuant to the n4tiftcation procedures provided in this cha~?ter Section [23-2-19.] 23-~-~2..~ettions on variane~. The director shall, within sixty days after acceptance of a variance, deny the application or approve it subject to conditions. (a) The conditions impaled by the director shall bear a reasonable relationship to the variance granted. All actions shall contain a statement of the factual finding supporting the decision. {b} if the director fails to act within the prescribed period, the application shat! be considered as having been denied, and the director shall immediately inform the applicant of such denial. Section. [23-2-20.]23 2_l~, Review of director's action by non-applica®t< (a) Request for review. If the director grants a variance over the timely written objection submitted by an interested party, the interested party may request the commission's review of the director's [decision.] action. For purposes of this section, an "interested party" means a person who {1) has a property interest in the subject property; or (2) owns [property within three hundred feet of the subject property;] ~ is the recorded lessee the ~p~rtv within the [toti.fication 1~iq~~~~ established by this chapters or (3) can otherwise demonstrate to the satisfaction of the commission that such person will be so directly and immediately affected by the proposed variance that the person's interest in the action is clearly distinguishable from that of the general public. The request by an interested party must be made in writing within [ten working] days after notice ~f the director's decision, and shall captain a statement of the grounds of the objection, The request shall be accompanied by anon-refundable ftling fee of $250. The director shall provide ~c~~~x a request to the sub~iv' er ~n five davs of the director's acceptance of the request. (b) Procedure for reviee~v. (1) The [planning] commission shall accept a request for review of the director's action only if the request is submitted in writing by an interested party within the time period September 30, 1999 20 (Ramseyer Working Draft) prescribed in subsection (a) above. The commission shall consider the request at a regularly scheduled meeting of the commission, at which time the [applicant) 'vi er and the person who requested such review shall have an opportunity to be heard. (2) Within forty-five days after the receipt of a request for review, the commission shall determine either that the director granted the variance properly or that sufficient cause exists for a public hearing on the matter. (3) If the commission fails to make such determination within the prescribed time, the director's action shall be considered as having been affirmed. (c) Notice and Hearing. (I) If the commission determines that a public hearing is necessary, it shall promptly schedule the public hearing at which time the [applicant] subdivider. the l~rson who requested such review, and members of the general public shall have the opportunity to be heard on the application. [The commission shall not hold a contested case hearing, as defined in chapter 9l, Hawaii Revised Statutes, on any variance application.] (2) Within [five working) tin days after receiving notice of the date of the public hearing, the interested party requesting the review shall [service] serve notice of the hearing, [in accordance with the provisions of a variance notice in section 23-2-18 above, on owners of interests in property within three hundred feet of the perimeter boundary of the subject property] pursuant to the notification proceclur~s in this chanter and on owners of interests in other properties which the commission may find to be directly affected by the variance sought. [(3) The planning commission's proceedings and action shall not be void should such an owner of a property interest fail to receive actual notice of the public hearing.] [(4)] ~ The commission shall provide notice by publication of the public hearing in accordance with [section 23-2-18 above.] the notif~tion.procedures in this cha ter. (d) Actions on Review. (1) Within ninety days of its decision to hotd a public hearing on the matter, or within a longer period as may be agreed to by the applicant, the commission shall deny the application or approve it subject to [the] ~X. conditions, stating the factual findings supporting September 30, 1999 2l (Ramseyer Working Draft) the variance or the denial. (2) If the commission fails to render a decision ~~•ithin the prescribed time, the director's action shall be considered as having been affirmed. Scetioea ]23-2-21.] 23-2-14. Appeal of director's action by [applicant.] ~uba~ivicter. (a) Request for review. (1) Timing. [If the director denies a variance application, such] The director's decision is final except that, within thirty days after the date of the written decision, the [applicant] subdivi er may appeal such action to the commission. (2) Form and Filing. An appeal by [an applicant] the subdivider [to the commission] shalt be submitted in writing to the commission on a form prescribed by the commission and shall be accompanied by: [(3)] A non-refundable filing fee of $250; and [(Q)] 1~ Ten copies of a statement of the specific grounds far the appeal. (b) Notice and Dearing. (l) The commission shall provide notice by publication of the public hearing in accordance with [section 23-2-18 above.) the notification.proc~tJLlres in this chapter {2) The commission shall provide written notice of the public hearing, at least twenty days prior to the hearing, to persons who had submitted timely objections to the variance application before the director's action. (3) The commission shall conduct a public hearing within a period of sixty days from the date the written appeal is accepted by the commission, unless that period is waived by the [appellant.] ~,bdiyider. [The commission shall not hold a contested case hearing, as defined under chapter 91, Hawaii Revised Statutes, on any variance application.] (c) Actions on Appeals. (1) Within ninety days after acceptance of [an applicant's] ~,gNbdivid~r's variance appeal or within such longer period as may be agreed to by the [appellant) wider, the commission shall affirm, modify, or reverse the director's action. (2) All actions of the commission shall contain a statement of legaE and factual September 30, 1999 22 (Ramseyer Working ®raft) basis for its decision in accordance with the variance criteria [contained in section section 23-2- 16 of this article.] set forth in this division (3) A decision to affirm, modify, or reverse the director's action shall require a majority vote of the total membership of the commission. if the commission fails to render a decision to affirm, modify, or reverse the director's action within the prescribed period, the director's action shall be considered as having been affirmed, Section [23-2-22.] 23_2_15. Further appeal rights. All actions of the commission are final except that, within thirty days after the date of'the written decision, any person aggrieved by the decision of the commission, may appeal such action to the board of appeals in accordance with [its rules.] this chanter. )~?Ry~~tt~n 4 A op, eels Sestaon [23-2-12.] 23 2_16. Persons who essay appeal; procedure. {a) [Any person aggrieved by] The subdivi~~r t1~3' eel the decision [ofJ ~ the director or [the] commission [in the administration or application of this chapter, except for decisions regarding variance applications, may,] by filing a notice of appeal w' the bard of apn~als within thirty days after the date of the director's or the commission's written decision[, appeal the decision to the board of appeals]. r a~perGOn other that a subdiyidee ras~~ye~i bx the decision of the director or the commission in the a~~,n,~stration or ~plicatiot~of this ~~anter. except for decisi.~ns re~arg variance applications or mal_plat an~y~]., ~,~y~.within thirty days after the date of the d' six ctor's or the commission's written decision~a°ne~~la~ ~~s~~ig~t~o the board of anneals [(b)],(~ Any person aggrieved by the decision of the director or the commission regarding a variance application may appeal such decision in accordance with the [provision of sections 23- 2-20 through 23-2-21] procedures set forth in the division on variances of this chapter. (dl A person is aggreived b~~ ~~~ision Qf~ e dire~to~ ~~ommission if• (l ]The person has an interest in the subie~ 113~1~~~ ~ the ~,[~on tha~,~s so it tl n to a t erson's interests is clear( distin ui September 30, 1999 23 (Ramseyer Working Draft) of the general public; and (2l The person is or w,111 be adversely af~~ cted by the decision. [(c)] An appeal [should] shall be in writing, in the firm prescribed by the board of appeals, and shall specify the person's interest in the subject matter of~the appeal and the grounds of the appeal. Any such appeal shall be accompanied by a filing fee of [$250.00.] Asa. The r~son apg~aling a decision of the director or commission shall n~gvi. dr a copy of the arsr~ ~1 r~ the director or co.~missign. as approp~i~te~ to the subdivider and shal~rovi¢,~he board of peals with t,~es„nroof~~ervicc 1f1 The ~ lant, the subdivider and the~,irecto~ o~ the commission as ap„~r priate. 1 parties to a_n anDeal Other erson~v be admitted as,_parties to an apps permitted by the board of~neals. Section [23-2-13.] 23 2-17. PerforAna®ee of subdivision approval conditions pending appeal. Whenever any appeal is filed after an approval has been issued and the approval contains conditions requiring performance within specified time periods, the time for performance of any such conditions shall not commence until after a final decision is rendered in the appeal[.] by_the hoard of appeals or b~~he~gurts Bastion. 23-2-18. Conduct of meal hearing; cQ~s ~ Within twenty_d~s after receipt q#' a nol~c~ of annsal the director or commissio~~ a ro riate shall tr smit to the hoard of a 1. r ile o the ro a>~nealed, The entire record or file from the director or commission„ ~,g~nnron~i~t . shall ~ f h r f I' all be reviewed b th ag~Real. ,(,~l A full hearing shall be held ~,~the board of appeals in accordance with chapter 91 1-Iawaii Revised Statutes (cl A verbatim audio reco~di~,g,~r stenog~phic record shall be made of the ea ' g al i cord of w'th the cost thereof to be aid th cop or c~ies_. September 30, 1999 24 (Ramseyer Working Drafit) d The app~ll~ral ~ burden of proof in ~p apgeal before the and of a e Bastion (23-2-14.] 23-~,-19. Standard of reviedv. The board of appeals may affirm the decision of the director or the commission, or it may reverse or modify the decision or remand the decision with appropriate instructions[.] if. bas~d~lp~n the Wren ~nderancg~~'~vidence the hoard finds that: (al The director or commis.~ion,~g ~ ronriate, erred i~, ~ls decision or (bt The decision violated this ~ ter or other applicable law• or (cl The decision was arbjtra~or capticious or char cteri j~y~an a~~~ discretion or clearly ),l~w~&~'tt~eS( .g~ercise of discretion - - tion of ules. Th r 1 s t rules ur ch~ter 91 Hawaii Revised Sta~t~s nece~~ty for the implementatign of the provision reeardinea~eals. Division 5. Prohibitions, Penalties, Enforceenent~ Section [23-2-23.] 23_2_21. No subdivision without final subdivision approval. All subdivisions of land, as deli~ed herein, and all streets or ways within the County created for the purpose of subdividing land shall be approved by the director in accordance with this chapter. Section [23-2-24.] ~3-,~~ No recordation without iDnal subdivision approval. No subdivision plat may be filed with the bureau of conveyances or land court until submitted to and approved by the director, as required by Hawaii Revised Statutes sections Sat-17 and 501-85. Section [23-2-25.] 3-2-2 No iscuasace of buildi®g perQnit, utility ia~stallation permits, or acceptance of street dedications without final subdivision approval. (a) No building permit shall be issued for any building to be erected or moved onto any lot within the area covered by any proposed subdivision until all required subdivision improvements as shown on approved construction drawings and specifications have been constructed, inspected, and approved and the director has issued final subdivision approval. Where final subdivision approval is obtained through the posting of acceptable surety, a building permit may be issued provided that final occupancy shall not be granted until the subdivision September 30, 1999 25 (Ramseyer Working Draft) improvements have been constructed, inspected and approved by the appropriate agencies. (b) F?~.p~ or i pxQYen7ents re uq fired pursuant t is c~,~ ter [ThcJ the department of public works shall not issue a permit to cut a curb, tap a sewer line, or install any lighting or sewer facilities and the department of water supply shall not issue a permit to tap a water line or install any water facilities in the area covered by a proposed subdivision until such subdivision has been approved as required by the provisions of this chapter. (c) The County shall not take over, receive by dedication, do any repair or construction work upon streets or pavements, water lines, street lighting systems, sewer lines, or in any way accept as public highways any street in any subdivision opened or platted in the County, except upon full compliance with the provisions of this chapter. Bastion [Z3-2-Z6.] 23-Z-24. No conveyance of land prior to final subdivision approval. No person shall transfer, sell, or lease, nor advertise, offer, or agree to transfer, sell, or lease any interest in land located in a subdivision until final subdivision approval is granted by the director; provided, however, that a person may advertise and accept binding sales contracts prior to final subdivision approval in accordance with the requirements of the Uniform Land Sales Act (Hawaii Revised Statutes chapter 484). Section [23-2-27.]x- S Criminal prosecution. (a) Any person whether as principal, 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 sentenced as follows: (1) For a first offense, by a fine not exceeding $500. (2) For a subsequent conviction which occurs within five years of any prior conviction for violation of this chapter, by a fine of not less than $500 but not exceeding $1,000. (b) ARer a conviction for a frst violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (c) The imposition of a fine under this section shall be controlled by the provisions of the Hawaii Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes. September 30, 1949 26 (Ramseyer Working Draft) (d} Any authorized personne[ may issue a summons or citation to an alleged violater in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (e} Any authorized personnel issuing a summons or citation t~~r a violation of this chapter may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and at a time provided in the summons or citation. (f} There shall be provided far use by authorized personnel a Form of summons or citation for use in citing violators of this chapter which does not mandate the physical arrest of such violators. The form and content of such summons nr citation shall he as adopted or prescribed by the administrative judge afthe district court and shall be printed on a form commensurate with the form of other summonses ar citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State of Hawaii and the County of Hawaii. (g) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. {h} Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. Section [23-2-25.] 23-2-26. (Authorized persoe~nel; right] of entry[;] limited liability[.] fir a~~~~prized ners~nnel [(a) Authorized personnel. For the purpose of this chapter, "authorized personnel" shelf be a police officer or a person(s) authorized in writing by the planning director.] [(b)] Right of Entry. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the authari7~d personnel has reasonable cause to believe that there exists upon [the] a buildings premises or ugon a lot a condition which is contrary to September 30, 1999 27 (Ramseyer Working Draft} or in violation of this chapter which makes the i or premises or ]7,e lot unsafe, dangerous or hazardous, the authorized personnel may enter the premises or building or lot at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such buildne or lot ~r premises he occupied that credentials be presented t<~ the occupant and entry requested. If such buil ng, or lot or premises be unoccupied, the authorized personnel shall first make a reasonable effort to locate the owner, subdivider, or other person having charge or control of the buildine or lot or premises and request entry. If entry is refused, the authorized personnel shall have recourse to the remedies provided by law to secure entry. (b) Limited Liability. The authorized personnel charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this chapter ar ether pertinent laws or ordinances implemented through the enforcement of this chapter shall be defended by the County until final termination of such proceedings, and any judgement resulting therefrom shall be assumed by the County. Section [23-2-29.) 23-~-27. Injunctive action. The County may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation. Section [23-2-30.J 3~ 2-28. Adminiistrative enforcement. (a) [n lieu of or in addition to enforcement [pursuant to section 23-2-27 and section 23-2- 29,] v criminal prosecution or injunctive action ~~xovided in this chapter, if the director determines that any person is violating any provision of this chapter, any rule adopted thereunder, or any approval issued pursuant thereto, the director may have the person served, by personal service or by certified mail, with a notice of violation and order pursuant to this section. The director may also have a ~op~Q~' e notice of violation and order~pQsted at the lot (b) The notice of violation shall include at least the following information: September 30, 1999 28 {Ramseyer Working Draft) (1) Date of the notice; {2) Name and address of the person noticed; (3) Section number of the provision or rule, or the approval which has been violated; (4) Nature of the violation; and (5) Location and time of the violation. (c) The order may require the person to do any or all of the following: (l) Cease and desist from the violation; (2) Correct the violation at the person's own expense before a date specified in the order; {3) Pay a civil fine not to exceed $500 in the manner, at the place and before the date specified in the order; {4) Pay a civil fine not to exceed $500 per day for each daX in which the violation persists, in the manner and at the time and place specified in the order. {d} The order shall advise the person that the order shall become final thirty days after the date of its mailing or delivery, unless the director's decision is appealed to the board of appeals within the thirty-day period. (e) The provisions of the order issued by the director under this section shall become final thirty days after the date of the mailing or delivery of the order, unless the director's decision is appealed to the board of appeals as provided within this [section.] chanter. (f) Any person adversely affected by any order issued under this section, may, within thirty days after the mailing or delivery of the order, appeal the order to the board of appeals as provided by section 5-6.3 of the County Charter and [section 23-2-12 through section 23-2-14 ofJ this chapter. An appeal to the board of appeafs shall stay the provisions of the director's order pending the final decision of the board of appeals. (g) The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director need only show that the September 30, 1999 29 (Ramseyer Working Draft) notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid. (h) Annually, on September 1, the director shall file with the bureau of conveyances, liens on all properties which have been the subject of fines levied under this section, which remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. (i) Fines assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. This lien shall be considered, for purposes of priority, to be the equivalent of liens which arise pursuant to the provision of chapter 19 of the County Code. Section [23-2-31.~ ~3-2-29-29, itemedies cumulative. The remedies provided in this chapter shall he cumulative and not exclusive. Article 3. Application and Approval Procedures Division L [Preliminary Subdivision Approvals n~ era! Q gr viSjO [Section 23-3-1. Pre-application rptecting. For the purpose of an informal plan review, the subdivider may request apre-application meeting with the director. At least one week prior to the scheduled meeting date, the subdivider shall submit a sketch of the proposed subdivision indicating the tax map key numbers, zoning, existing conditions, existing and proposed utilities, proposed layout, and relationship to the surrounding areas, The director may request the attendance of representatives from appropriate agencies. The meeting shat[ clarify, as appropriate, the submittal requirements, improvement requirements and standards, dedication requirements, and other matters to assist the subdivider in obtaining preliminary subdivision approval.] Seetion [23-3-2.[ 23-3-1. Application (involving both] straddling land court and regular systern lands. A tract of land proposed for subdivision that includes a mix of lands registered in land court and unregistered lands shall be processed in accordance with [Hiles adopted pursuant to this chapter.] procedures specified ~ the director. September 30, 1999 30 (Ramseyer Working Draft) Section 23-3-2. review of subdivisions in three ete~~~-, coers~~~~ ~Atc ' i' r v l r a .royals: relimin ' ~i ' n 1roy~~,conslru~ti9r,~~1~s approval an~~nal subdivision ~pnravai The submittals for i ivi i n a r v 1 ] v' w v t ire •tor for com 1 n within fifteen days from the date the submittal was filed by th~~bdivider The submittal for construction mans shall be reviewed in accordance with the reyuirc:ments~ir, l~Jl~~ap er b D termine that the submi 1 i com 1 t _ i 1 f h a at w the subdiv' er o shall d~xgrm~n~ that the submittal is defective. (cl If the director determines that the submittal is defective the submittal shill be r turned to 'v' r wi fi i i t e fifte n day review neri _ . ~ lis 1~~-j~formation mk~~~~. om th ittal i r ' five m fil h deficiency notice and the required additional information The resubmitl~d Submittal 1I be as com lete as of the d t v' itional information ha~e~n submitted (e1 If tlae director fails to act upon any submittal within the fifteen d~ period the ' 1 sh n h ll a on, idered acce ted as of th d t h su>~mittal was filed. Sectiont..Z3-3-3. Filing fees. Fees suffic~~n~ t~ cover the costs of admini anon ~ all be charged foells~w~. (al Filine Fee An application for a subdivision (includj~.~~~solidationl is s~b,~,~ to the n~~~t:1I 4~f,~he following fees at the time of the application for Qreliminarv subdivision nrov~l• $2~0 plus $25 per lot noted on the initial preliminary plat and fqr each additional lot resulting s uent amendment of the 'n' i 1' ' lots or lands dedicated fogpublic use. {bl, ceptions4 a file fees shall not app to: (11 Applications far stlbdivisi2n or cansolic~~i~n ~f land submitted )~~~ty~gencv September 30, 1999 31 (Ramseyer Working Draft) oft e ~.~~4 ~~.,~~waii or of 1]~ County. lpn icatio~,~,for farm ~~~divisions Ica No Refund No portion of the fees iS refiandable for an~lications ~ranlg~~r~]imina_rv~ 'v' r val. Ten ercent of the fees z 5O whi h v r i5 Tr ~R lp ications which have been withdrawn before granted~relimim narv subdivisi n an~rov Section -3- d' 'r n the subdivider h s h co liance wi v went of he 1 d s to conform to the nhvsical and economical development of the County~nd to t~~afety f h fat n cu nts in the ubdivision and of the communit ! r directo ma als 5 'n without limitation traffic impact repost.~.S~.i~it~ e~ reports, and title r~,~orts Section [23-3-7.] 23-3-5. }'haled [>neveloprroent.] develog~pnent. The subdivider shall state in the subdivision application whether the subdivider intends to develop the tract in phases. The preliminary plat shall clearly show the various phases of the proposed development. [The basis for the required improvements for the overall tract development shall be documented in a development agreement pursuant to chapter 30 of the County Code.] The director ma~req~ire s ov m n s o r th or rl evelo went of the h ed im r v meet . Construction plans and final plat submittal requirements [shall] rya apply to each phase separately. The subdivision improvement agreement and security may be approved in such amount as is commensurate with the phase under review, with the remaining amount deferred anti! the remaining phases of the plat are offered for filing. [Far approved phased developments, section 23-2-25 (No issuance of building permit, utility installation permits, or acceptance of street dedications without final subdivision approval) and section 23-2-26 (No conveyance of land prior to final subdivision approval) shall apply to each phase as if it were the entire development.] Division 2. [Construction Plans] Prelitninary Subdivisio~q, roval. Section [23-3-3.] 23-3-4~ Submittal requirements. [The subdivider shall submit ten copies of the application and ten copies, or more if directed by the director, of the plat and September 30, 3999 32 (Ramseyer Working Deaft) supplementary materials to the director.] The.~pp~{~~,tion for~reliminarX subdiy~sion~?zroval shall include: (a) Application [Form.] form. The subdivider shall complete [a written] application [containing at least the following information:] form provided by the director which shall require i i i or subdivi i authorize the subdivider to pct as anwent l }Identification of subdivider, owner, preparer of the plat, and authorization. (A}Name, address, telephone number, and si~mature of the subdivider; {13) If the subdivider is not the legal owner of the property, the name, address, telephone number, and signature of the legal owner, the legai relationship of the subdivider to the owner, and certification by the legal owner that the subdivider is an authorized agent of the owner; (C) Name, address, and telephone number of the professional person{s) responsible for preparing the plat map. {D) Certification that all parties having any record title interest in the land subdivided consent to the preparation and recording of the plat. (2) Name of subdivision. (A}Name of subdivision if property is within an existing subdivision, (B} Proposed name if not within a previously platted subdivision. The proposed name shall not duplicate the name of any plat previously recorded. {C) Name of the property if no subidivison name has been chosen. (3) Description. (A} Location of property by tax map key; Area {in square feet or acres) of the land to be subdivided; {C) Zoning; {D) Number of lots.] ~~ilins fee The applications 11 include th~fili~,g fee r plant to the requirements of this chanter. September 30, 1999 33 (Ramseyer Working Drafl) [(b)J~ [Plat.] Preli.minary t}lat. The preliminary plat shall include the requirements set forth below: [All pertinent information on the preliminary plat shall be drawn to scale.] {1}Preparation. The preliminary plat shall be prepared by or under the supervision of a surveyor or engineer. The surveyor or engineer shall [sign and] stamp and lien the preliminary plat. (2) Size and scale. The preliminary plat shall be drawn according to size and scale (as stipulated in section 502-19, Hawaii Revised Statutes or nn a sheet size of eight and one-half inches by thirteen inches. When more than one sheet is required, an index sheet of the same size shall be filed to show the entire subdivision on one sheet, with block and lot numbers.] accetitable for ftling,'n the lzureau of conveyances andlor land court. or other ap~ra~riaxe size `Ce~e~V the dir~~tor. (3) [Creneral infi~rrnation.] nt t .The preliminary plat shall include the following (general] information: {A) ~1ame of subdivision. Proposed name, if applicable, of the subdivision which shall not duplicate nor resemble the name of another subdivision in the County, The proposed name shall be subject to approval by the director; {B) Date, north [point] arrow. and scale of drawing; (C) l:.ocatig.~~~' ~tf12~~v_ision. Tax key number and other information to sufficiently describe and define the location and boundaries of the proposed suhdivision according to the real property tax [office] records; [and] (D) Names and addresses of the owner, subdivider, and engineer ar surveyor who prepared the plat[.]; (E) Acreage of proposed subdivision and number of lots[.]; [(4) Existing conditions, The preliminary plat shall include the following information on existing conditions: (A}] Streets. Location, widths (right-of way and pavement widths), class' ration. and names(,] of all existing (or platted] streets, and r.~ t-of- wav wi.~. dths of pros_treets, within or adjacent to the tract, together with easements, other rights-of--way, and other important features, such as [corners] corner radii, property boundary September 30, 1999 34 tRamseyer Working Draft) lines, and control of access lines adjacent to State highways; [(B)]j~ Topography[.]. natural and historicaUcultural features ocation of known s. i~nificant historical/cultural sites trails,,a~ other known significant natural nr cultural f~~res. When required by the director, contours at vertical intervals of five feet where the slope is greater than ten percent. .Elevations shall be marked on the contours based on an established bench mark or other datum approved by the direct~„gI chief engineer. In addition, the contours as may be required by the manager, State department of health, and chief engineer shall be shown; [(C)] Drainage. The location and direction of all known water courses, and special flood hazard areas and base flood elevations [(where available)] pursuant to the requirements of [section 2?-20 of the County Code;) the flood control code• [{D)] ~ Existing arld o ose uses. Existing and ~Sroposed uses of [property, including but not limited to, location of all existing structures, driveways, wells, cisterns, private sewage disposal systems, and utilities; and] the tract, and known existing aes of parcels_ [(E)] J~ Zoning. Zoning [on and adjacent to] of the tract[.] and ad,~~ni~ r Is• [(S} Proposed layout and improvements: (A)] Lots. [Lets,] Pro~gsed lots, showing approximate dimensions, lot size and proposed ]ot (and bioek] numbers; [and) Streets, Streets showing location, widths, proposed names, approximate radii or curves. The relationship of all streets to projected streets shown on the County General Plan, or projected streets suggested by the chief engineer or director to assure adequate traffic circulation in the area;] [(C)] ~ Easements. Existing and proposed easements, showing width and purpose; [(D) Proposed uses. Sites, if any, allocated for purposes other than single- family dwellings.] September 30, 1999 35 (Ramseyer Working Draft) [(E)] Nf~l Utilities. The approximate location of cxi~~in sg ewers and watet ~v.,5t~m improvements culverts and drain pipes electric telephone and_G~ble TV conduits or lip within the subdivision and in the adjoining streets and property; [of existing and proposed sewers and water system improvements. culverts and drain pipes, electric conduits or lines proposed to be used on the property to be subdivided aa~d invert elevations of sewers at points of proposed connections;] [(F)] ~ Dedication. Parcels of land proposed to be dedicated to public use[, and the conditions of such dedication]. [(c)] ~ Supplementary information. The preliminary plat shall include the fallowing explanatory information (if it cannot be shown practicably on the preliminary plat, it shall be submitted in separate [statements] ~1 ~ ~ I11S or exhibits accompanying the preliminary plat): (1) Vicinity map. A scaled vicinity map (at a small scale], showing existing subdivided land, ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect with existing streets; (2) Future layout map. Where the area to be subdivided contains only part of the property owned or controlled by the subdivider, the director [or chief engineer] may require a sketch of a tentative layout for streets in the unsubdivided portion[.]; (3) Deed restrictions. Proposed deed restrictions in outline form if required by the director; (4) Water system (private). If not connecting to the County water system, statement regarding water systems to be installed, including source, quality and quantity of water; [(5) List of improvements required. Improvements to be made by the developer and the approximate time such improvements are to be completed. Sufficient detail regarding proposed improvements shall be submitted so that they may be checked for compliance with objectives of these regulations, State laws and other applicable County ordinances.] [(6)] ~,1 Title report. When required by the director, a title report issued by a [licensed] title company in the name of the owner of the land, showing all parties whose consents September 30, 1999 3b (Ramseyer Working Draft) are necessary and their interests in the premises. [(7) Traffic analysis report. When required by the director or chief engineer a traffic analysis report prepared by a traffic engineer identifying the existing conditions and potential impacts generated by the proposed subdivision.] Sestaon [23-3-4.] 23-3-7. Review. (a) The director shall furnish one copy of the preliminary plat and supplements! materials within [five]~i~i ems.) days after the [acceptance date of a complete submittal] fil~g date of a ~olete anblication to the manager, chief engineer, fire chief, and [sanitary] environ~,tental engineer, and when a subdivision is adjacent to a State highway or proposed State highway, to the district engineer. (h) The above listed officers shall transmit any comments to the director within (30) days of [receipt of the preliminary plat and supplemental information.] the filing date of the ~mol~ a li~.~~gn for oreliminarv subdivision aonroval Section (23-3-5.] 23-3-13. Action. Within fatty-five ~ days after the [acceptance] fili T date of a complete [submittal] i t' n, the director shalt [review the plat and] act as follows: (a) Preliminary subdivision approval. The director shall approve the preliminary plat [as submitted or as modified] w' provided there is full compliance with al! requirements of this chapter. Approval of the preliminary plat shall indicate the director's directive to prepare [detailed] construction drawings [on the] and/or. the final plat [submitted,] based on the annr~y~c~r~liminarv plat provided there is no stantia change in the plan of the subdivision as shown on the preliminary plat and there is full compliance with all a li ab requirements of this chapter. The action of the director with reference to any attached documents describing any conditions shall be noted on twa copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the director. At such time the director shall stamp the preliminary plats: "Subdivider authorized to prepare detailed drawings [on] plat as [submitted] .~P.w including September 30, 1949 37 (Ramseyer Working Draft) corrections or conditions noted on map or approval letter.["] ["]Recordation with the Bureau of Conveyances, State of Hawaii, not authorized until approved for [record] recordation at a later date." (b) Disapproval. The director shall disapprove the preliminary plat if the map does not conform to [all or portions ot~ the requirements of this chapter or the zoning code, stating the reasons for disapproval in writing. (c) Deferral. The director may defer the decision to approve or disapprove if the preliminary [map] ~ requires additional reports or data from the subdivider, or minor changes to the preliminary [map] are required. The deferral shall be for a period of thin 301 days. A request for an extension of the deferral may he made by the subdivider in writing to the director stating the reasons therefor, prior to the expiration of the thin 301 day period. only a single extension may be granted by the director for a reasonable time period not to exceed six months. Failure to provide the required additional information within the prescribed thirty (301 day or extension period shall automatically terminate all proceedings, and the application shall become null and void. If a subdivider desires to activate the application, the subdivider [must] t file a new application and submit a new preliminary [map] >I lot with the required filing fee. If the subdivider has [timely] provided the required information and the director has not rendered a decision within the [deferred] deferral period, [then] the provisions of the followine subsection [23-3-5(d)] T~,l~ling to "no action" shall take effect. (d) No action. If no action (approval, disapproval or deferral) is taken by the director within forty-five days after the [acceptance] g>~g date of a complete [submittal] application, or such longer period as may have been agreed upon in writing, the preliminary plat shall be deemed approved, and the director shall endorse the approval of the preliminary plat upon the face thereof. Section [23-3-6.] 2~-3-9. Effective period of preliminary subdivision approval. [The subdivider shall complete alE requirements specified as conditions for preliminary subdivision approval within three years of said approval.] The ap ro~val of a preliminary plat shall be September 30, 1999 38 (Ramseyer Working Draft) effective fora erio f three years from the approval date of'the pr~i,minarv at at the end of whi~~ li~~ ~~e subdivider shall have ftled a comolel~ ~.g]z~[ttal fir final sub ivi ' oval An extension of not more than two years may be granted by the director upon timely written request of the subdivider. At the end ~f said three year period or its approved extension, [unless all said conditions are completed, the prelimin~iry subdivision approval shall expire and shall be of no further force or e}'fact, or] the director ma~~,rant additional ten howevuch, furth r x shall be subject to the technical review of the applicable agencies [for compliance with current code and rule requirements.] and changes may be reauired to c~,~ omnly withth changes in standards Qr,~~gt~j~~„,~rovided such changes in standards or requirements have been adopted by.rule or ordinance If no final subdivision ag~rov~~~~n ~.p~lied fob within the three year period and no extension has heen~ranted. the relicninarv anoroval shall be null an void. This subsection shall be applied to all subdivision applications which have received preliminary subdivision approval and which have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from the effective date of this ordinance and not from the date of preliminary subdivision approval. l(Division 3. Constructi®n Plans. Section [23-3-g.J 23_3_lQ. Submittal requirements. After the subdivider has secured preliminary subdivision approval, and before beginning construction of the improvements therein, the subdivider shall prepare and submit copies of the construction plans to the director, chief engineer, manager, [sanitary] ~ivir~mental engineer, district engineer (when the subdivision is adjacent to a (state] ~ highway or a proposed (state] ate highway), or other agencies as required by the director for their review and approval The subdivider shall also submit to the director a copy of the transmittal of the construction plans to the respective agencies signed and dated by a representative of the respective agencies evidencing receipt. The construction plans and specifications shalt show details of road construction, drainage structures (with drainage report and calculations when required by the chief engineer), sewers, water system improvements and all other utilities [proposed] to be instal]ed in the proposed September 30, 1999 3~ (Ramseyer Working Draft) subdivision. The construction plans shall be drawn in accordance with the ~revaihne standards and requirements (set forth in rules adopted pursuant to this chapter, J of _h respective as ncies_ Included with the construction plans shall he a layout map showing the ~proaie location of pro-,posed lots and streets. Plans shall be prepared by an engineer[.], stamped. d si~pgd. Section [23-3-9.J - - Idevievc. The subdivider shall be responsible for making necessary modifications and corrections to the satisfaction of the affected agencies, and may work directly with said agencies in making acceptable modifications and corrections. [The agencies required to approve the plans shall transmit their comments to the subdivider within b0 days of the submission date (as dated on the copy of the transmittal submitted to the director pursuant to section 23-3-8).J The construction plans shall be examined as to whether it conforms with the approved preliminary plat, any conditions of preliminary subdivision approval, and the standards set forth in this chapter [or rules adopted pursuant to this chapter]. The information on the construction plans may also be verified by entering upon the respective subdivision. [If there is a variance, the subdivider shall be advised by the director or respective agencies of the changes or additions that must be made and given an opportunity to make corrections.] Section [23-3-10.] 23-3-12, Action. The agencies required to japprove] review the plans shall [sign] approve or speci c epees reauired to the construction plan tracings within ~ ~60~ days of the submittal date[, if no comments were sent to the subdivider, or within 30 days of each resubmittal date, if comments were sent to the subdivider.] of the construction plans When n e r re uired th su 'v' i t ti h l a ro a or s ecif c r vi a+~ency withit,1~~,~y,~~Q~~~y~ ~f each resubmittal date If no action is taken within the prescribed time limits, the construction plans shalt be deemed approved ley cecatjve ~ncv as submitted and [it shall be the duty of the responsible off cial to aff x their approval thereon. Such construction plans and specifications shall he considered approved for construction purposes when the construction plan tracings and specifications bear the approval of the chief engineer, the manager, the sanitary engineer, the district engineer and the director as required.] the director sal ~),1~icate such approval on the plans Approval of the construction plans shall September 30, 1999 40 (Ramseyer Working Draft} not relieve the subdivider nor the engineer of the responsibility for any and all defects that may become evident subseyuent to the plan's approval. When all agencies required to approve the plans have signed the tracings, or the,plans have been ~lgemed approved, the director shall send a notification to the subdivider authorizing construction to start, subject to payment of the inspection fee, notice of construction start date, and submittal of the required number of copies of the construction plans [pursuant to section 23-3-8]. If construction has not started within one year from the approval date[,] Nate of respective a~~ency's approval on the tracin~_if deerr~gd approved the date of the dir~tor's.nQtJ~~t,~,~ letter to the ~~~divider). then the construction plans shall be resubmitted for review and approval by all required agencies(.], pxovided that such v' v Once construction has started. [The] t~ construction [plan approval date shall be the date of the director's notification letter to the subdivider.] fans are valid throughout the construction~eriod. provided the construction duration d~~ ~ exceed ~~~gv~ara in which c~~.~~~lan.~ chftl~ w n ~i r vi a that su h r vi w i l' standards and requirements that havg 1~~~~,~anende~b~ rule or ordinance. [Section 23-3-i1. Time limitation. The subdivider shall prepare and submit the construction plans noting the limitation of time required for the submission for final subdivision approval in section 23-3-13.] Division [3.] 4. Final Subdivision Approval Section [23-3-12.] 23-3°1,~. Alternative procedures for final subdivision approval. After the subdivision has received preliminary subdivision and construction [plans] approvals, the subdivider[, as a condition to approval of the final subdivision approval,] shall either: {a} construct the required improvements prior to seeking final subdivision approval, or (b} enter into an agreement with the County guaranteeing the construction of improvements. {Section 23-3-13. Time limitation. The subdivider shall file the final plat, together all September 30, 1999 41 (Ramseyer Working Draft) additional required information, within eighteen months following the date of preliminary suhdivision approval by the director. If the subdivider has not filed fnr final subdivision approval within this period, the preliminary subdivision approval shall be deemed void. A time extension, for good cause may be granted, provided the subdivider applies in writing at least forty-five days before the expiration of the eighteen month period. The director may grant one time extension not exceeding six months; except in cases where construction of improvements has commenced, the director may grant additional time extensions not exceeding a total of eighteen months from the date of construction plan approval.] Section [23-3-15.] 3-14. Agreement to complete construction. A subdivider may secure final s b~di,y~sian approval prior io completion of construction by entering into an agreement with the County, signed by the m,~,~ the director and the department of public works and, when appropriate, to department of water supply; and file with the director and [when required] department of water supply. when required. a surety bond or other acceptable security to assure the department of public works and the department of water supply that the actual construction and installation of the improvements and utilities will be completed as shown on the approved construction drawings and specifcations. The director shall refer the agreement and security documents to the corporation counsel for approval as to form and legality. The corporation counsel shall approve, suggest revisions, or reject the documents within [15] fifteen days of the date the documents are submitted by the subdivider to the director, ~,l j~anal 1D at Alan. The subdivider shall file the final plat mao in ac4o~~ce ~vj~ 1~~ reauirem~tll~ ~ t ~s otgr prior to or concurrently with the subdivision agreement. T~i~ dire for shalt i n r~ t guarantee. [(a)]~b~ Agreement to provide improvements and utilities. The agreement shall specify that the subdivider shall [make, install, and] complete all required improvements and utilities wi h' h v l r x nd d with a v l th di~ctor. to the satisfaction of the chief engineer and when appropriate, the department of water supply[, and]: The a~?reetTlent shall also provide that the department of public works and when September 30, 1994 42 (Rarnseyer Working Draft} appropriate, the department of water suppl}~ may complete the improvements and recover the full cost and expense thereof from the subdivider: (1) If the subdivider fails to complete: (A) The required improvements within the time specified; and (B) Any additional conditions imposed for the granting of an extension to complete the required improvements and additional conditions with the extended time period; or (2) If the agreement is terminated for any of the grounds stated in the agreement[;]. [(b}](~ fond or other acceptable guarantee. (1) The agreement shall be secured by good and sufficient surety bond (other than personal surety), certified check or other security acceptable to the director and approved by the corporation counsel, in the sum equal to the cost of all the work required to be done by the subdivider (including contingencies and inflation where appropriate) as certified by the chief engineer and the manager, if the subdivision is within the scope of the department of water supply requirements. The surety bond shall be payable to the County and when appropriate to the department of water supply. The band shall be conditioned upon the faithful performance of any and all work required to be done by the subdivider. (2) The security shall be filed with the director and deposited with the County treasurer as a realisation in whole or part for the completion of work, or correction of any defective or improper work called for in the original plan. {dl Ap rp oval of improvements constructed after final sub ivi~~Q~, ~~~val. The same d r ceduees to con h f 1I win s tin Il apply whether the subdivider constnt~ts Y im rov menu before final subdivision a„~roval or after subdivision apnmval in compliance with a suhdlvb~Z~tl ~r~~m~n~ Seeti®n (23-3-14.] 23-3-15. Constructiost of improvements -inspection and certification. (a) Inspection fee. (1) Prior to the beginning of construction of the reyuired improvements, the September 30, 1999 43 (Ramseyer Working Draft) [applicant] subdivj,~ shall be required to pay a fee of one-ha[f percent oI'the estimated cost of the construction work to be dc?ne in the subdivision, based on a contract amount or performance bond, or other documentation provided by the subdivider or subdivider's [contractor] representative, but not less than $ 125 to cover the [costs] ~ of inspection. Inspection fees charged by the department of water supply shall be in accordance with the adopted rules of said agency. (2) Fees received from [applicants] or on behal~p~'the su 1` ider shall be payable to the director of finance and deposited with the chief engineer and/or manager as appropriate. (3) When the subdivider requests that inspections he made other than during normal. working hours, the chief engineer may request additional fees to cover such overtime inspections in accordance with section 2-5 of the County Code. (b) Notice; copies of construction plans. Before starting any construction work, the subdivider shall give written notice at least [2] two working days in advance to the chief engineer and manager (if construction involves a water supply system), of the name of the contractor and any other pertinent information, and shall file [five] t~~ym~?er ~f prints of approved construction drawings and specifications [with] the department of public works [or more if requested by the chief engineer], and the number of prints required by the department of water supply {if construction involves a water supply system), The inspection fee, notice, and copies of construction plans shall be submitted [at the same time.] conct~rr n~ tlv. (c) Permits. Where construction extends into the State highway right-of--way, the contractor shall obtain a permit from the district engineer prior to commencement of work within the State right-of--way. (d) Inspections. During construction of improvements and installation of facilities and utilities and the carrying on of other work in any subdivision, the work shall at all times be subject to inspection by the chief engineer and manager, or their representatives. The chief engineer shall inspect the construction of improvements, the installation of facilities and utilities, and other work in any subdivision. The manager shall inspect all construction and improvements relating to water systems. Construction within the State highway right-of--way shall be subject to September 30, t999 44 (Ramseyer Working I3raft) inspection by the district engineer or his representative. (e} Certification. Subdivision improvements shall not be considered complete and acceptable for final approval by the director until such improvements are so certified in writing to be complete and of acceptable standards by the chief engineer and manager (i f construction involves a water supply system). Secti®se 23-3-16. Submittal rege~i~eenents. The ivE~~;~ m~,y file ~g~ final subdivision approval [After] completion of the improvements in accordance with the approved construction plans [and] ~ approval of the [improvements pursuant to section 23- 3-14, or approval by the corporation counsel of the subdivision agreement and security documents, the subdivider shall submit to the director the following information.] cons ction plans. Theplication for fin l subdivision removal shall include tl~ f lowing: (a} Final [Plat] [The construction plans and the final plat map shall be consistent.] (1) Preparation. [In preparing the final plat, all engineering and surveying work shall be made by or under the supervision of an engineer and surveyor, respectively.] a final ll a re ared b or v r m i n p~~all also be submitted as an electronic file in form and cent~nt specified bX the directar.~he ~ll~L plat shall conform a the construction plans ati approved or as-built If the final plat ~~I~~in~ araearoval bb ty he director is to be filed as a fete clan or with the land ~au~t for recordation then the a®nlicable rules for file nlanS or t~e~le~ Qf lh~ ]a,~d court for d cou suhdavisions shall suQnersede the requirements in this section wherever a conflict irises (2) Size and scale. The scale and sheet size utilized on this drawing shall be the same as required (under section 23-3-3. If the final plat, following approval by the director, is to be filed with the Land Court for recordation, it shall comply with all requirements specified under the rules of the Land Court for Land Court subdivisions.] for the preliminary plat. {3} [General information.] Content;, The final plat [must] shall include the following [general] information: (A) Date, [northpoint] north arrow. and scale of drawing; {B) Name of the subdivision, if applicable; September 30, 1999 45 (Ramseyer Working Draft) (C) Names and addresses of the owner, subdi~~ider, and (engineer, or] surveyor who prepared the plat; [(4)J ~ Boundaries, dimensions, reference points. The plat shall be based on an accurate survey, coordinated to County street monuments and government survey triangulation stations, and permanent monuments including reference paints of existing surveys identified, related to the plat by distances and azimuths, and reference to a field book or map as follows: [(A)] ji.). All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision; [(B)] ii Adjoining corners of al! adjoining subdivisions; [(C)] iii Boundary lines and grants within and adjacent to the plat; [(D)] Whenever the County has established the [centerline] of a street, adjacent to or within the proposed subdivision, the location of this line and monuments found or reset; [(B}] ~ All other monuments found or established in making the survey of the subdivision or required to be installed [pursuant to section 23-4-3]; [(F)] vi [Lots and right-of--way lines.] Tract boundary lines; l~ commission award_boundaries- right-of--way lines and [centerlines] center lines of streets; lot [and block] lines with dimensions, azimuths [or deflection angles] and radii, arcs, points of curvature and tangent [bearings;] azimuths; [{G)J vii [Identification and area.] Lot[, block,] and easement identifcation with areas in accordance with [good] ~~.~tomazy engineering and surveying practices; [(H)] v'i' [Easements.] All easements, which shall be denoted by fine broken lines, cleazly identified and if already on record, its recorded reference; if any easement is not definitely located of record, a statement of such easement. The widths of the easement and the lengths and azimuths of the lines thereof and sufficient ties thereto to definitely September 30, 1999 46 (Rarnseyer Working Draft} (5) Evidence of formation of legal entities when reouired to opera a and X rzerform a!I squired tna' enance and ~erv~,~ g (6) Wrieten proof that all eaxes and anv County liens on the tract are paid to date. except for assessment liens outstanding to the County in which case evidence shall be cubtnitted ofd menLiLft}jl or ratable rPa~~nrar;nn ~rwPPn QX.,~,~pg t1L~ lots resulting fram the Se~hdiv;cinn (71~ubdivi~ion,~rreement and e5 curity documents as aR roved by the corporation counge~nd executed by ~bdivider (S}Cast estimate certified by the department of public works and/or manager ~ as a~.noli a~ ble. Section 23-3-17. Review. (a) Within [five] fifte n days after the [acceptance] f,~' g date of a complete submittal [of the final plat and other data,J for final subdivision apnr va the director shall submit copies of the final plat and other data to the chief engineer, manager, [sanitary] environmental engineer, and district engineer for review with the director. (b) The above listed officers shall transmit any comments to the director within X301 days of [receipt of the information.] I~1~t1~ ~t~ of a complete aRplication Section 23-3-18. Action. Within forty-five days after the [acceptance] filing date of a complete submittal for final subdivision approval, the director shall review the [submittals] and take action as follows: (a) Final [Approval.]ap~roval. Final subdivision approval means that the subdivision has met all requirements of this chapter, confotms with the approved preliminary [map] and construction plans, has fulfilled all conditions of preliminary [plat] subdivision approval, all required improvements have been constructed or bonded, and all required fees [including the inspection fee and any water facilities charges] have been paid. ilpon final approval, the director shall stamp [three] four copies of the final plat: "SUBDIVISION NUMBER September 30, 1999 4g (Ramseyer Working Draft) • 0 • • APPROVED FOR RECORDATION [WITH THE BUREAU OF CONVEYANCES, STATE OF HAWAII]." The approval shall bear the signature of the director. The planning department shall then retain one copy of the final plat, and forward one copy of the final plat to the [Hilo] County real rp o y tax [office] division, one copy to the surveyor who prepared the final plat, and one copy [of the final plat] to the subdivider. The approval of the final plat by the director shall not be deemed to constitute or effect an acceptance by the County of the dedication of any street or other easement shown on the plat. The approval for recordation of the final plat by the director shall not relieve the subdivider of the responsibility for any error in the dimensions or other discrepancies. Such errors or discrepancies shall be revised or corrected, upon request, to the satisfaction of the director. (b) Disapproval. If the director disapproves the plat, the grounds for disapproval shall be stated in writing to the subdivider and filed in the records of the planning department. Section 23 -3 -19. Release of surety after completion of improvements. Upon completion of the improvements and utilities in a subdivision as required by this chapter and certification thereof as provided [by section 23 -3 -14 of] in this chapter, the subdivider shall file one set of as -built construction plans [conforming to the requirements specified in rules adopted pursuant to this chapter] with the department of public works, [State department of health] and the department of water supply (if applicable)[.] , including an electronic file of such plans if required. Within fifteen days of the filing of the as -built construction plans, [The] the respective departments shall [approve] review the performance and, if approved. thereupon notify the director to discharge the subdivider and surety (in whole or in part according to the terms of the agreement, if any) from the obligation of any bonds and release to the subdivider any security posted by the subdivider, or authorize and direct such discharge and release by the appropriate agency. Division [4.] 5. Recordation, Changes, and Approvals after Final Subdivision Approval, Section 23 -3 -20. Recordation of final plat. After the director grants final subdivision September 30, 1999 49 (Ramseyer Working Draft) approval, the subdivider may file and record the plat. Section 23-3-21. Change after approval. No change in a subdivision, or in the plan of a subdivision, already approved, may he made without the approval of the director. [Section 23-3-22. Vacation of plats. To vacate any final plat or any part of any final plat, the subdivider must submit a new application for subdivision, The director may reject any such application which abridges or destroys any public rights in any of its public uses, improvements, or streets. If the previous plat had been recorded, then the map shall be acknowledged and recorded in like manner; and, being duly recorded, shall operate to destroy the force and effect of the previous recording of the plat so vacated, and to divest all public rights in the streets and public grounds, and all dedications laid out or described in such plat.] Section 23-3-22. Nullification of nlgtc_ u The director may nullify a fugal subdivi~j~n approval when the subdivider has breached a subdivision imvrovement a reement and the ~'nun~y i5 unable to obtain funds to co~p~ete constructi4i~~f,,~~ir~d~provements h The ma lso a I to 11' tzar of any ap r ve ,#-j~al pmt Subject to the Ilowin itions• ll 1~]7e foal plat has rtgt been recorded• f21 no lot with lt>ai~'o~..n his ~~~n sgld or otherwise transferred (3) no buildinu yermit has keen issued or any encumbr ncP nl rP own lo,~ v,~' in ;he su,~division: and (41 the subdivider has returned all orieina~inal plats si~ne_ d by the.. director Icl The nullification sh la 1 ,be effective as of~ate stated in a letter of notification tom subdivider The director h~„~end a co,~y of the notification Iptter to l~ 1 agenci?s ~vi~wed i:he final subdivision aeon or received copied of the ftn~1 plat Secti®n 23-3-23. Dedication procedures. (a) [Offer of Dedication. edic tion documents. [At the time of filing a preliminary plat map, the subdivider shall designate nn the map whether the subdivider intends to dedicate any streets, lands, facilities, or easements to the County or to the State. The director, with input from September 30, 1999 50 (Ramseyer Working Draf4) the chief engineer and manager, may require dedication of [rights of way if reasonably necessary in furtherance of the public health, safety, and welfare. Upon receipt of final approval, certified completion of the required improvements pursuant to section 23-3-14, and release of surety pursuant to section 23-3-19, the subdivider may file an offer of dedication with the director. The offer shall include:] For improvements intended or rea sir d Q~e d~di~ate~i to the bounty the 'v' r hall u i l u division a r?roval certifi improvements and release o~~,y~ fill with the director the following_documents- (l)Dedication deeds, grants of easements, and bills of sale. [The subdivider shall submit one] ~n original and three copies, or more if requested, executed and notarized for review and approval by the [director, chief engineer, manager (if applicable}, and] corporation counsel; (2) Executed [Exemption) exemption from [Conveyance Tax Certificate(s)) ~nyeya~.~~ tax certificate(s); (3) Title report, title insurance. or other evidence of Tien-free conveyance of the improvements or land[. The director may require the subdivider to furnish a title insueance policy issued by a licensed title insurance company authorized to do business in the State of Hawaii certifying that the premises are free and clear of all liens and encumbrances;] i~~~t~ir~c~.kzv the it t (4) Map showing the areas offered for dedication [in a format designated by the chief engineer]; [(5} Resolution of proposed street names of all streets offered for dedication with reference to the lot number of the street as shown on the final plat map; and] [(6)]~5 Four sets of as-built prints and one set of tracings of the complete construction plans of those improvements offered for dedication [conforming to requirements specified in rules adopted pursuant to this chapter.] including.~p~,e.~,~clrg is fill such plans if required; [{7)J~ Applicable department of health permits if drywells are located within the dedicated area; September 30, 1999 51 (Ramseyer Working Draft) [(8)] Surveyor's certification attesting that all required monuments have been placed in the ground and accurately located. [(9)]~ Recordation fees fur recording the appropriate documents in the bureau of conveyances or land court, as applicable. (h) Acceptance of dedication. The director shal I review the [submittal] dedication documents for completeness and forward for review a complete set of the [complete submittal] ~~d]~t.~tl do~~~nts to the corporation counsel, chief engineer, and manager, if applicable. When the documents are in order, the director shall submit the [submittal] dedication documents to the council and water commission, if applicable[.], for acceptance. [The council shall act upon the offer of dedication and proposed street names by resolution. The water commission shall act upon the offer of dedication ~f water improvements.] The County shall record the accepted conveyance documents. (c) Maintenance of dedicated areas until acceptance. The subdivider shall maintain all improvements until the offer of dedication has been accepted by the council or water commission, as applicable. Article 4. Design and Improvement Standards, Division 1. Genera! reyuireanents1 Seetion 23-4-1. Compliance with applicable rules and regulations required. Subdivisions shall conform to the standards set forth in this article and rules promulgated pursuant to this chapter; the [County Ueneral Plan] gcn~:r~. , other ~fficiallX adopted County plans [adopted by ordinance], the zoning maps and other provisions of the zoning code; the building, [housing,] fire, flood control, and other applicable provisions of the County Code; and the requirements of [State] Federal law, State laws County department of public works, Stag department of health, State department of transportation, and County department of water supply. [Seetion 2:~-4-2. Special building setback lines. If special building setback lines at variance with the provisions of chapter 25, Zoning Code, are established in a subdivision, they shall be shown on the subdivision plat and included in the deed restrictions.] Seetion [23-4-3.] 23-~2, Monuments. Monuments [approved by the chief engineer] Septerrrber 30, 1999 52 (Ramseyer Working Draft) shall be placed and properly coordinated with the State sun~ey triangulation stations at all angle points or points of curvature in streets and at such intermediate points as shall be required by the [chief engineer] i t r. All lot [and block] corners shall be properly established and marked with one-half inch round galvanized pipe or equal and firmly and permanently set in the ground. [Section 23-4-4. flight-of-vvay irr4provement. The subdivider shall he reyuired to improve the entire street right-of--way, unless otherwise approved by the director. The subdivider shall also be required to improve any existing streets adjacent to a proposed subdivision when required pursuant to section 23-4-1fi. Improvements tray also be required for any offsite access rights of way pursuant to section 23-4-17.] [IDivision 2. Blocks] [Section 23-4-5. Block general design. The lengths, widths, and shapes of blocks shall be designed with regard to providing adequate building sites suitable to the use contemplated, needs for convenient access, circulation, control and safety of street traffic, and limitations and opportunities of topography.] [Section 23-4-6. Block sines. (a) Blocks shall not exceed two tiers of lots in width and thirteen hundred feet in length, except for: (1) Blocks adjacent to arterial streets. Long blocks shall he provided adjacent to arterial streets to reduce the number of intersections. The recommended minimum distance between intersections on arterial streets is eighteen hundred feet. Longer blocks shall be used when possible; or (2) When the previous adjacent layout or topographical conditions justify a variation. (b) Blocks shall not he less than four hundred feet in length. (c) The desired length for normal residential blocks is from eight hundred to ane thnu_sand feet. When the layout is such that sewers will be installed or easements for future sewer lines are provided along rear lot lines, the block should not exceed eight hundred feet in length.] [Section 23-4-7. Long blocks; easements. [n any block over seven hundred fifty feet in 5epternber 30, 1999 53 (Ramseyer Working Draft) length, the director may require casements through the block to accommodate utilities, drainage facilities, or pedestrian traffic.] [Section 23-4-8. Large lot subdivision. In subdividing tracts into large lots which are more than double the minimum ]ot size for the zoning district, the director may require that the blocks shall be of such size and shape, be so divided into lots, and contain such building site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any parcel into lots of smaller size.] Division [3.] 2. Lots_ Section [23-~6-9.] X3.4-3, Lot size, shape, and setback ling. The lot size, width, shape, and orientation, [and the minimum building setback lines] shall be appropriate for the location of the subdivision[, the type of development and uses contemplated and] in conformance with the provisions of [chapter 25,] t e zoning code. (The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning code and health regulations and in providing driveway access to buildings on the lots from an approved street. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets.] Section [23-4-11).] 2 -4-4. Minirnurn lot sizes[.] tit~~ ~.rnaensions. (a) The minimum sizes [of various types] and dimensions of lots shall be in conformance with the provisions of [chapter 25, Zoning Code, and shall be adequate to provide for the off- street service and parking facilities required by the type of use and development contemplated.] ~,e z~~~g cede. (b) ~]Vhere property will not be served by a public sewer, lot sizes for [sewage] wastewater disposal systems shall conform to the requirements of the State health department and shall take into consideration problems of water supply and [sewage] wastewater disposal. Bastion [23-4-t 1.] 23-4-5. Lot side lines. In general., the side lines of a lot shall run at right angles to the street upon which the lot faces, or on a curved street or circular turnarou~ they shall he radial to the curve, unless a variation from this rule will give a better street or lot September 30, 1999 54 (Ramseyer Working DraPC) plan. Section [23-4-13.] 23-4-6. Flag lots. Flag lots, which consist of an access drive and the main body of the lot, shall com}~ly with the requirements of [chapter 25.] the zoning code, and the following standards: (a) The access drive shall have a minimum width of [12'] fi n f e , a maximum length of [600'] Q,p~fhousand feet, and a maximum grade of [15°!0] twe e~ty r~cent_[;] _ u ess ~ erwise ~pp~ved by the director upon cQnferrinQ~ith the firs chief: {b) The access drive shall be the sole access for only one fot. The director may allow dual access of an access drive (after consultation with the chief engineer]; (c) No more than two access drives may be located adjacent to each other[;]- [{d) The director may deny the use of flag lots if their effect would be to increase the number of lots taking access to a street as a means to circumvent road improvements.] Se~tioet 3-4-7~ Lang (n subdividing,.tracts.into eg lots vyr}~1,~ are more than c~qu le the trtin' iz f r the zo in t it h I f -ontain suc ri tions as will rovi in re 1 w ' w' rm't a ubse ue 1 int lots smaller size. I}ivision [4.] Streets and Pedestrian Ways. Section 23-4-~ Public streets A aublic street shall be ~~id ~ n~structed i~x accordance with the rea~r~T]~t5 this cha ter In recog,~tion-that the design of a street requires flexi ji~j~y,t~ divergent needs of ped~.ria_ns. bicyclists. motor vehicles.- and transit as well as to better relate I street to the ~d(~.cent and future land uses, the irectQ~~~ t ti i h the chief en a mve varia ' e t r don the follow,~~reasons: ~a,ZThe variatio~wil] be detrimental to the public safety. health, or welfare or iniurious tc,~ t~her ~gert~c {b) The v~ri~n will n,~.~eop~~iize access by emeruencv vehicles: and The variation wi.11 impose a substanti v erecter maintenance l ur~e.~,comnared to September 30, 1999 55 (Ramseyer Vdorking Draft) the standard require end tend fdl The variation will fit with t~~ treet lI y~ oft a~undinQ areas• and (e) The intended purpose for the requirement is mkt or ette~ sexve~, ~ e variation;_or Qyerri i~in~ factors, such as climate m~e the variation mare practical• or (e) The variation is nec.~a=rv t~.~~u>li~ue cir~umstancesa or (hl The variation m~~l~ Q~h~,r critet~, sp~i in this chapter. Section [23-4-26.) ~3-4-9. i'rivate streets. [(a) When permitted. Private streets that do not meet the public street standazds may be established within a subdivision.] New private streets Ore limited to streets that have been d~~~ined by the direr r as not being necessarv as throu streets within a local network servins the eener 1 area. The preliminary plat [must] clearly identify the streets intending to he private. A street meeting only the minimum requirements of this section cannot be dedicated to the County. The [Department] departmetllt of [Water Supply] waterwater sur~c~ly shall be consulted regarding conditions under which the public water system may be extended into a private street. [The private street shall be maintained by the subdivider or lot owners being served by the street in such manner that adequate access by vehicular traffic and services is permitted at any time so that fire, police, health and public utility vehicles can service the area. If private streets are not maintained, the director, chief engineer, or manager may determine that the maintenenace is inadequate to provide necessary services for the subdivision, and upon 34 days' written notice to the individual owners or homeowners association, public services may be withheld from the area until adequate access is provided for such services. (b} Minimum standards. Private streets shall be designed to the same standards as public streets, except as follows: ] Private streets shall be designned to meet the fallowing„.minimum standards: [(1)] [Right of wayj R.'tgkl~-of-w~~ and pavement widths. [(A} Dead end streets. A private dead-end street may be established upon approval of the director or chief engineer. The street shall provide access to ten lots or less and shall be restricted only to residential and resort lots and those residential-agricultural and agricultural lots September 30, 1999 56 (Ramseyer Working Draft) caned for less than three acres. Alf dead end streets shall terminate as necessary with a suitable turn-around that meets the requirements of the director or chief engineer with input from the fire chief. The street shall be as short as possible and shall not be more than six hundred feet in length; provided that longer streets may he approved by the director when unusual conditions exist. The following shall he the minimum pavement width and right-of--way: Number ®f 1(rots Pavement i~1'idth It6 ht-of-9~Vam I lot ar dwelling unit 8 feet 12 feet 2 lots or dwelling units 12 feet l6 feet 3 lots or dwelling units 14 feet l8 feet 4 to 6 lots or dwelling units 16 feet 20 feet 7 to l0 lots or dwelling units 18 feet 24 feet ] - f-wa a w' 1 e ade uate n Lions in the conte~S~1~1~ overall subdivision design for ve 'cular traffic circulation and need for on- st ~n~, emer. ~y vehicles,,p~estrian circulation. bicvcles,,drain~Qe- and utilities. [(B) Alleys. Alleys may be established upon approval of the director or chief engineer, and shall be restricted only to residential, residential-commercial, resort, commercial, commercial-industrial, or industrial lots. The minimum pavement width and right-of--way shall be twenty feet.] [(C) Minor and Local streets. Private minor and local streets may be established upon approval of the director or chief engineer, and shall be restricted only to residential, resort, residential-agricultural, and agricultural lots. The minimum pavement width and right-of--way improvements shall be adequate to accommodate the anticipated vehicular and pedestrian traffic volume, and provide a minimum twenty-foot clearance at all times to accommodate emergency vehicles. An engineers stamp on the construction plans shall be considered as a certification that this standard has been met.] (hl Surf cint The drivint= ~urfacg sh~l;~~ ~ compacted all-weather surface with adeauat~ ba~~ and subbase course a to~riate for the soil conditions [(D) Private entrances.] September 30, 1999 57 (Ramseyer Working Draft) s ublic service an v he of riva v' f ssa e for emer enc and blic s rvi g~J}i~le~, All entrances to subdivisions with private roads shall [have unrestricted access] >sig ~~~ed to enable 24-hour access by emergency or utility vehicles. The pavement width and curb radius at the entrance shall be adequate to accommodate an emergency vehicle nn one pass. [(2} Street Surfacing. (A) Agricultural district. A street serving areas zoned agricultural for lots of three acres and over shall have asix-inch minimum fine select borrow base course with non- pavement surface treatment acceptable to the chief engineer or director. Preparation of the surface, application of surface and utilization of equipment shall conform to standards specifed in the rules adapted pursuant to this chapter, subjecE to the condition that a portion of a roadway where the grade is eight percent or greater shall be hui]t to paved requirements of this chapter or the rules. Where a subdivision street connects with a State highway, the standards of the pavement within the State highway right-of--way shall conform to standards adopted by the State department of transportation. [(B) Other districts. A private street serving areas zoned other than agricultural shall have anall-weather design built to requirements specified in the rules adopted pursuant to this chapter. The chief engineer and or director may request soil engineering studies or other documentation. Where a subdivision street connects with a State highway, the standards of the pavement within the State highway right-of--way shall conform to standards adopted by the State department of transportation.] ~~.~ersections with,~blic Streets.~T ~ des~e~, location. and maintenance of private streets shall nrovi~~ intersection wi h ~~}~~'ct streets. [(3)] ~,1 Sidewalk, curb, and gutter. Sidewalks [shall] may be required as needed for the 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 any other relevant factors: (A) Pedestrian circulation within the area; (B} Interaction of vehicular traffic to pedestrian traffic; (C} Interaction of pedestrian traffic with uses within the subdivision and September 30, 1999 S 8 (Ramseyer WarkinS Draft} _ _ applicable adjacent area; and (D} Topography and slope of the area. (E) if consistent with pedestrian safety and with the factors listed above, said sidewalks may be constructed along roadways or at other suitable locations to accommodate pedestrian traffic whether or not the sidewalks are adjacent to streets.] Sidew l~ks~.~~y.~i cted alon n et x at th r •ui a I 1~ i n outside the ri t-of-w~y, [(4)] ~ Street lights. xcept at intersectip~,~.~vj~ public streets. [Street] sireet lights shall not be required unless [determined by the chief engineer or director to he] necessary for public safety. [(5)](~ Other. Divided roadways may include medial separations and elevations separations. [{c)] ~ Recorded [Notice] notic of [Private Street] private street. As art o the ~,~lication f~fin 1 ~~bdivj~gn ~ppr~v~l~, [The] the subdivider shall submit a recordable document [with] ~ the director which shall describe all [non-dedicable] ipr vate streets, the ownership thereof and access rights thereon for all lots in the subdivision and the maintenance rights and responsibilities therefor. The document shall contain ~ statement as follows: [that non-dedicable] ,P?~. streets within the subdivision [that] have nat been built to the standards required for lic streets [which] are ~ dedicable to the County of Hawaii[; that such streets will accordingly not be accepted for dedication] unless [they] such streets are brought into compliance with the requirements for dedication [as ot] ~y the time they are offered for dedication; and [that] the County [of Hawaii] is not responsible for the maintenance of [such non-dedicable] ft~y,~rivate streets. [The document shall be in a form acceptable to the chief engineer and corporation counsel,] Th.~ director's review s~]J, be limited to ~nsurin~ that a Iesal ' w' stablished w' authorit o mainatain the ~ n thg~roner disc gst~e has b.~n included regardine theprivate ownershi,,p of the streets For subdivided land within the _jurisdiction of the land court, such document shall be recorded with the land court. For all other subdivided land, the document shall he recorded with the [State of Hawaii,] bureau of conveyances. [The subdivider shall, prior tv final approval, deposit a duly recorded copy of this document with the director.] September 30, 1999 S9 (Rarnseyer Working Draft) Bastion [23-4-14.] ~3_a_><a• Streit classification. {a) All public streets shall he classified as either primary arterial, secondary arterial, maior collector, miner collector commercial or industrial street, [minor street,] or local street. [In classifying streets, the director {with input from the chief engineer) shall consider the fallowing criteria: (1)] The classification shall [he based upon the projected volume of traffic to be carried by the street, stated in terms of the average daily traffic; {2) Average Daily Traffic (ADT) shall he estimated based on average weekday vehicle trip rates and density. Trip generation rates shall be based on the number of dwelling units served by the street, the more detailed Institute of Transportation Engineers' Trip Generation, or local trip rate studies; the director may reduce the computed ADT fnr planned unit developments that allow residents to have access to basic services in their own neighborhood, or when shuttle services or other mitigating transportation management techniques are incorporated; (3) Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will he based upon the street in its entirety, both within and outside of the subdivision.] ~~tve as the basis to p1a ?~.,,and v to a c irc lation n tw a intends to serve as major throu connectors. and to 6t the d~s~n pf the street to its intended fu~~~TheR cl tion shall be a ~ h h r offiiciall ado to th~P erector based o~ the follow~g„ intended functions with mi~jmum rights-~~f-wad width and desi~~ ~~~ds as set forth in Table 1: [{h) The classification of streets shall be as follows: September 30, ] 999 60 (Ramseyer Working Draftt) CLASSIFICATI®N FIfNCT1ONAL DEFINITION ADT EQCfIVALENT DESIGN DU'S SPEED (naph) Arterial, Primary A street to and from major traffic generators, and 3,000+ not applicable 2.5-60 between or through large areas or communities. depending on terrain Arterial, Secondary A street intended to collect and distribute traffic same as in a manner similar to primary arterial, but to and primary from lesser traffic generators, and carrying traffic arterial from collector street to primary arterial. Collector A street intended to provide for traffic movement 1000 - 100+ 30 between the arterial system and streets serving 3000 neighborhoods and other smaller areas, but may also provide to some extent access to abutting properties. Commercial or Industrial A street providing primary access to commercial 250- not applicable 25 Street or industrial lots. 1000 Minor Street A street whose principal function is to provide 250- 26- ] 00 25 access to abutting properties but is also designed 1600 to be used or is used to connect minor and local streets with collector or arterial streets, Local Street A street intended exclusively for access to <250 25 20 abutting property, generally residential. Special Purpose Street Marginal Access Street A collector, commercial/industrial, minor, or local street, parallel and adjacent to an arterial, providing access to shutting properties so that these properties are sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is oat impeded by direct driveway access from a large number of abutting properties. Cul-de-sac (or Dead End A local street that terminates in a vehicular Street) turnaround. rteri 1 An arterial is a ugh-volume street where a~tr~~~ i~.,~~ntrolled to enable 1 d travel I i to conduct t n ommunitie and activ' ~Pnters and t_o. ~Qnnt~c( communities to ma~'or hi w.~~s. Sul~cateeories in~Jt~de: (AJ,, ri~~y eri 1 A primary arterial is a regj~nal hi,~hway that conducts traffic to and from major traffic generators, aid wean or through lazge~reas or communities. September 30, 194 hl (Ramseyer Working Draft) (B) Seconda~! arterial. A secondarv arterial is a street intende~,~g~]j, ct and distribute tr r i ' end carrvine traffic from collector metre tg,pri~~~1~, Collector. A cone or is ~x~t ceded tQp~~vi¢e for traffic movgment between thcrial s s'~ t~ITI and the streets servina~eiahborh~~cDds and other smaller area_Sa but ma. also r vide t n r i s. Subcate Dries include• {/~~Major collector. The maior collector is the nrincinal traffic within ' relativ 1 h' n i n i. t r m h fr w of traffic• therefore on-atree~ p~kinsr would be permitted only with app oI val by ttt~ direct,Qr upon conferrine with the chief eneine~~,. ~,g secondary function is to provide access to abuttine (Bl ,(yiinor collector. A minor co lector is a street whose principal func ion is to tin ro erties a used or is used to connect local streets with ca{lectU or r ar[e~4al streets (3) Access An access street is antend~d exclusively for access to ab~tin~„nronerty Su cate~~t•~~~ include: Commercial or industrial A commercial or irt~~g~ street p~~vi~ acc~s5 t~ Intc in the commercial or indpst~iaa ~.~,j,~g_district~ (I31 I eai A,~ocat street is a cross, greet lopes or ~k-~i~-sac that provides access to lot,,,,,s in t_he residential or mixed residential/~~mmerFial zoning ~isl~ X CN) Section [23-4-12.] Z3- - Access to I®ts; ['[`l6rough] lots. (a) Access to [lot from street.] lots. Each subdivided ]ot shall abut upon a public street or approved private street. No lot shall be platted without access [on] to a street. The [chief engineer] director may indicate the side or sides ~f any lot from which driveway access shall be permitted or prohibited. Permanent easement for access may be established upon the director's approval. Land reserved for any road purposes (except temporary turnarounds) may not be counted in satisfying yard or area requirements of the zoning code, re,~ae rdless of whether the land is to be [dedicated to the County in fee simple or an easement is granted.] a public or private road___~ lot or easement. (b) Access to and buffer from arterial an spar collector streets. Where a subdivision September 30, 1999 62 (Rarnseyer Working Draft) abuts or contains an existing or proposed public arterial or znaior doll ctor street, no direct driveway access may be provided from the lots within this subdivision onto [this] the arterial or ~~jor collector street unless no other practicable alternative is available; the director may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a non-access reservation (i.c., a reserve strip) along the rear property tine, or such other treatment as may be necessary for adequate (protection of residential] bu~erin~.of properties and to afford separation of through and local traffic. {e) Through lots shall be avoided except where essential to: { 1) Provide separation of residential development from major traffic arteries or adjacent non-residential activities; or (2) Overcome specific disadvantages of topography or orientation. (d} The director may require that the through lots be reverse frontage lots [pursuant to section 23-4-12]. The subdivision plat shall designate the side with no right of vehicular access using standard notation for restricted access onto [state] S~ fate highways. Deed restrictions or covenants shall disclose and bind the landowner to the restricted right of vehicular access. Secti®rs [23-4-IS.] 23.4_12• Street layoat in coaa4'oranance with general plan4 zoe~ii®g, and tog®graphy. (a) The location, width, and grade of a street shall conform to the [County General Plan] gear etal plan and zoning maps, and shall be considered in its relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of land to be served by the street. [(b) Where the location is not shown in the County General Plan or zoning maps, the arrangement of a street in a subdivision shall either: (1) Provide far the continuation or appropriate projection of existing streets in surrounding areas; or (2) Conform to a plan for the neighborhood which has been approved or adopted by the director to meet a particular situation where topographical ar other conditions make continuance or conformance to existing streets impractical.] [(c}] ~i The director may require the reasonable dedication of streets, to be constructed by the subdivider or reserved for future street purposes, in proportion to the need being generated September 3D, 1999 63 (Ramseyer Working Draft) by the subdivision where necessary for the convenient movement of traffic, effective emergency services, efficient provision of utilities, [and] ~ in accordance with the [General Plan] plan or zoning maps. For streets other than access street that are extended th_rouQh the tr,nrr ,~~in,.,g subdivided, the director shall consi er the followine~ f 1~ lncort~oration and construction of minor co lector street If (iZ the eneral plan,. • of nine, or other plan officially adopted by the State or Coun ti. rot~oses a new minor c r t across art of 'v' ' rat t ,~gregt has een determined to a reasonable degree oFcertaintx, and (iii), the minor collector street could appronn~tely serve to provide direct access to lot within the subdivision then rhP subdivision shall inco orate this minor collector street into its internal road layout Reservation of future right-of-wav. if (i) the general plan. zoning,, or other plan officially adopted 1~_y he Stag or Countx~ropQses a new arterial or maiot collector street across n~rt of a subdivision tract anti1iil an alienrnent far the str~I has been determined to a reasonable degree of ~rtal~ty. and 'ii~the Count's zor~~~ and subdivision reeulationS r onabl w h subdivider t m nit allowed b he ct's z' gnd p~y,sical characteristics and still avoid developing that Hart o~the tract needed as future right- of-wav4for the,~ro~osed street then the subdivision-shall include reservation of the street's future r~l]t- f~-W_a,V, meaninu l,hat no portion of anv of the lots Thal) extend into the land area needed as the future right-of--wage (3~,/~nrlicabili y„ If neither the conditionti f (1 nor (2) above applies to a rp~o d subdivision across w~j.~~,.~.Qr street is ®~oposed then no incorporation of the imposed street or reservation of future right-of-~v~' resl,uired. Section j23-4-16.) 23-~-13. Widening of exiisting Streets within or adjacent to subdiviisi®ee. When an existing lie street adjacent to or within a tract is not ofthe width required by this chapter, additional rights-of--way shall be provided at the time of subdivision[., impt• v~ed~~,;~~.dec ted to the County as required b~th~ director. [Seetiioe~ 23-4-1$. Requirerneuts f®r dedicable streets. A street meeting the minirrlum requirements of section 23-4-19 (future street extensions), section 23-4-2D (cui de sac), section 23-4-22 {right of way, sidewalks, curbs), sectic?n 23-4-23 (pavement design), section 23-4-24 (grades and curves), section 23-4-25 (intersections), section 23-4-29 {street lights) section 23-4- September 3t), 1999 64 (Ramseyer Working Draft} 30 (street names and signs), section 23-4-31 (utilities location?, and other requirements in this chapter or the rules adopted pursuant to this chapter, and installed under the supervision of the chief engineer pursuant to section 23-3- l4 shall be dedicable.] Section [23-4-19.]23 4_14, Future street extension; stubout; reserve strips; strut pugs. (a) Stubout. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, a public or private street shall be extended to the boundary of the subdivision resulting in a temporary dead-end street. The [chief engineer] 'r t r may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles, with the notation on the subdivision plat that land outside the normal street right-of--way shall revert to abuttors whenever the street is continued. No stubout in excess of [600] ~QQ¢ feet may be created unless [no other practicable alternative is available.] approved by the director u~an conferring, with the fire chief. (b) Reserve strips. Subject to [section 23-4-32 relating to] access restrictions to arterial and,~aior collecto streets, the creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to such street. (c) Street plugs. The [chief engineer] direr r up~}n conferring with the chief engineer shall determine whether street plugs or construction of the street extension will be required in a particular location. In making this determination, the [chief engineer] director shall consider [all ofJ the following criteria: (1) An equitable distribution of street extension costs between subdividers of adjoining subdivisions; (2) The primary beneficiary of a future street extension should bear the major share of the costs of installation of improvements; and (3) Where subdivisions of adjoining lands is unlikely in the immediate future, street plugs are preferred. (d Exceptions. Stubouts or street ply~s shall be required except when the director. as ~~rop~te. determm~ e~ s that: 1 Physical barriers or envirQnmentallX sen ive eas should dot be crossed such September 30, 1999 65 (Ramseyer Working Draft) as watercourses, flgsd areas or steep tono¢raohv 1 m ati le • n wou t ri i (3) The size of the adjacent parcel is si~nificantl lar er than the tract being subdivided and other more desirable connections are available to t_he larQ~ arCel. ~eetlion [23-4-20.] 23-~-15. [Cuj de sacs.) a-sass. All permanent dead-end streets shall be developed as [cul de sacs] cul-de-sacs in accordance with the specifications set forth below. (a} Length, For convenience to traffic and more effective access for emergency vehicles, a cul-de-sac~,whether public or priy te. (shall be as short as possible and] shall not be more than [six hundred] one thousand feet in length [nor serve more than eighteen lots; provided that longer streets may be approved by the director when unusual [conditions] t40o,granhy or land con uratians exist. A_cul-de-sac length is rt~easured from the intersection of the center line of the rights-flf-waX to the center p inQ t of tie turnaround. (b) Turnaround. All cul-de-sacs shall terminate with a circular [turn-around of forty] tumaround Navin-g a minim m forty-live feet right-of way radius, except that a [T-turn-around] turnaround or other suitable (turn-around] tt~, rnaro~nd may he permitted, if in the opinion of the director, this type of [turn-around] paround meets the requirements of the situation- Sectia~ [23-4-21.J 23-4-16. ~-Ialf streets. (a} A half street shall not be permitted except: { 1 }Where essential to the reasonable development of a subdivision; (2) When it is in conformance with other provisions of this chapter; and (3) When the director is shown clear evidence that the adjoining parcels will be developed and that dedication of the other half will be made when the adjoining property is subdivided. (b} Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract. (c) Reserve strips and street plugs may be required to preserve the objectives of a half street. September 30, 1999 h6 (Ramseyer Working Draft) (d) The (chief engineer) irector may specify a minimum right-of-way and pavement width for the half streets. (e) The director may require that the half streets remain as private streets until the remaining halves are completed and improved to dedicable standards. Section (23-4-22.] 23 4-17. (Itaght of vway width, pavement] 7'avepnent wwidth(, sidewalk and eurb require>aeents]. ((a) Minimum right-of--way and pavement widths. "The width of the right-of--way shall be designed and developed to serve several functions: (1) to carry motor vehicle traffic, and in some cases, allow on-street parking; (Z) to provide a safe and convenient passageway for pedestrian traffic; and (3) to serve as an important link in the county's drainage system. In order to fulfill these functions, the street width shall not be less than the minimum shown in Fable 1.] Pavement wtd~s mall be in accordance with the ~in~,mum widths set forth in Table 1 The riirectot upon conferring w~t~h the chief engineer may approve variations to the minimum w;dtl,c lamed on thtr orincjple that the navement_width shall be the minimum necessary to rea~c?nably accommod.~ea its ]mended functions and its rela ionshjp ~ existine and planned surraundin~ 5tree taking, into~~>:•tsideration the fo~110Wjng factors: (~~,On-street age rkin~,.eTTnless off-greet arp kine arr~ mend are.provided in excess of the minimum requirements set forth in the • ni .bode, on-street. arkin~one-or two-sided shah b~ t)YOy~ded Flo minor collectors nd access streets in the industrial commercial and high d~.nsit~ ~sidential districts,.( RM RCXI On-~ reet marking shall be prohibited alonu, 'or ~ollecto~s and arterials, Mess otherwise aDnroved by thg director upon conferrj~ wi h th_c.~lief en~inee_~, For local streets. on freely movine lane is acceptable where parlct ~ provid don one o~ oth sides. l Travel lane width. For arterials. cn:ai~.collectorsr minor collectors, and ~gmmercial/industrial ~lreets. travel lanes shall be of sufficient width to accommodate large trucks a~~r~nsit. Lora! streets sha(Lb~Qf sufficient width t>> accommodate standard >3~.~e~,~r v (c) C~.r.age Where..~u~re provided, a r~'nimum of 2, measured to the curb face (~~n ~~~~11 curb shall added to the travellan~ width t,~ accommodate drainage lone e September 30, 1999 . 67 (Ramseyer Working Draft) Number of lanes. One-wa,,,y strcets may be nrovi, (e) Bicycle lanes Additionalapavement width shall 11e provided in cLnfsz-m~n~e wit h any pl~officialJ~ad ted Y.th~ (~oun~ for ipurposes of acc~rr~modat~g bicycle traffic [Section 23-4-22(b)] Section 23-4-1.~.. [Curb, Gutter, Sidewalk.] . orb ¢~t~er ~iaiewalt~ [(l ~ Where required. [Sidewalks provide a circulation network for pedestrians, a meeting place for neighbors, and a play area for children. I-however, on low-traffic streets and low-density development the cost of providing sidewalks outweighs the benefits.] Sidewalks shall be provided on both sides [of the streets on] of all classifications of u lic streets located in areas zoned for single family residential with minimum lot sizes 10,0(}0 s.f. or less, multiple residential [(RM, RD)], residential-commercial [{RCX)], all commercial districts, industrial- commercial, and resort; provided, however, that the sidewalk requirements for arterials shall be at the discretion of the chief engineer or district engineer. Curbs are required for all streets when sidewalks are required or when otherwise required in the discretion of the director [or chief engineer]. [(2)] ~ Construction specifications. [Where sidewalks and curbs are required, the sidewalks and curbs shall conform to the construction standards specified in rules adopted pursuant to this chapter.] The sidewalk shall be a tninimutn w.~l'~ h of five feet made of concrete Only standard drop [curb] cur s may be used, except that roll-type [curb] curbs may be permitted along streets within residential [subdivisions in accordance with the rules.) fist ~cts wiJ~ g~diep~l x]1an 10%. [(3) Attention to handicapped. Whenever curb and gutter construction is used on public streets or streets to be dedicated to the County, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow in accordance with standards specified in the rules.) (c) Disability std dard~, sidewalks within ub~c rights-of-wa~+~jall cort['~ ~g~ i~ re~m~nts of the Am~>~j~~l~~ with l7isabili ies Act. [(4)] (~d .Special conditions. In any zoning district, the director may require sidewalks on at least one side of the street where the director finds that special conditions generate pedestrian traffic, such as in the vicinity of schools, parks, playgrounds, commercial, or civic facilities; [(5)] ~ Planting strip. For purposes of safety and aesthetics, a [median] strip of grassed September 30, 1999 6B (Ramseyer Working Draft) or landscaped area at least two feet wide shall separate sidewalks from adjacent curbs in areas zoned Residential with minimum lot size 10,000 square feet or less; in all other areas, the sidewalk may extend to the curb; [(6)] ~ [Exceptions, J Fee in lieu ~f ration. (In any zoning district,] Where sidewalks ar rec~.tired. the director may [make exceptions to not require the provision of curb, gutters, and/or sidewalks to fit with the existing or planned surrounding conditions, and may] instead accept a fee, bond or other guarantee, or other reasonable means to ensure the subdivider's proportionate contributian to such improvements[.]in I_ie4L~.f c,~~ trttet~~ ih~ sidewalks would not ,~re~ently cq~,Rect to a ned~tn network connecting to a park ~~hool ~ommercial,~~ ~vic area. [ STREET I?'91Ni144URR RIGHT 11-91NIMUM CU82BS & APP[,I~`ABLE ZONING CLASS[)I'ICATION OF WAY PAVEII+IE~ITWIDTI.1 SIDEWALKS DISTRICT Arterial, Primary 120 feet 28 feet required required at discretion of chief engineer or district 24 feet not required engineer Arterial, Secondary 80 feet 64 feet required required at discretion of chief engineer or district 24 feet not required engineer Collector 60 feet 46 feet required R5-]0 or smaller RS lot size, Rb, RM, RCX, CG, CV, CN,MCS, V 24 feet not required RS-15 or larger RS lot size, ML, MG 20 feet not required RA, A, lA Commercial- 60 feet 46 feet required CG, CV, CN, MCX Industrial 24 feet not required ML, MG Minor 50 feet 36 feet required RS-10 or smal ler RS lot size, RD, RM, RCX, CG, CB, CN, MCX, V 20 feet not required RS-I S or larger RS lot size, RA, A, IA Local & Cul de sac 44 feet 28 feet required RS-10 or smaller RS lot size, RD, RM, RCX, CG, CV, CN, MCX, V 20 feet not required RS- 15 or larger RS lot size, RA, A, IA September 30, 1999 69 (Ramseyer Working Draft) (c) Excess right of way or easement. An easement or right-of-way widths in excess of the typical standards shall be required where steep slopes result from cut or fill. Such slopes shall not be in excess of three to one, or steeper as approved by a soils engineer and the chief engineer.] Seetio® Z3-4-19 Sh®ulder~ and s~val~s Where curbs are no_ t reat,~ end shoulders for u~blic streets shall be structurally able to cam the traffic load for ewer en ~ g Svc es shall be non-erosive and easily maintained. I,~LC~S where the median annual rainfall exc~e~ls 70 ins s the should~~ ~s alone }public streets shall b~ ,p.~~ed. (bl In areas where the median annual rainfall is Eess tha~.70 inches g&,~s hou ~ li r • • r rmi ex • t • r a w tend to ru over the shoulder area. Grass swales are permitted e,_ xcept as follow;, w,j~X~~radients exceed $°/a where nroiected nl~aff velocities e~cceed five feet per Secon~~Qr fill sections (c) Variati9ns. The director, u®on conferring_with the chief e~gineet+ may a~rove ntrol erosion or to min'miz sts. Seetion [23-4-23.]~~ 4-2Q. Pavement desigrn. [A street to be dedicated to the County shall have sufficient thickness of pavement, and compacted base course and sub-base material to support axle and wheel loads permitted under section 291-35, Hawaii Revised Statutes, as specified in the rules adopted pursuant to this chapter. The chief engineer, when deemed necessary, may require] The minimum pavement design for a public street be as set fcZrth in Table 1. The director upon conferring with the chief en~in~er~may require or ~ rove v i t w n r a 'c' e • load sub ode soil surface and subsurface drainage. and climatic conditions based on soil analysis and reconunendations [from the subdivider] by an engineer experienced in soil mechanics and/or pavement design. Bastion [23-4-24.) -4-21 Grades and curves. (a} Street grades. [The] A~1 street [profile] rp ofiles shall follow the natural contours whenever practical, while also considering drainage and traffic safety requirements. [The grade shall be a reasonable minimum but in no case he less than one-half of one (0.5) percent and shall not exceed (7) percent on primary arterials, eight {A) percent on secondary arterials, ten (10} September 30, 1999 70 (Ramseyer Working Draft) percent on collector streets, or twelve (12) percent on any other street. No grade shall be less than one-half of one percent at the gutter or swale.] T_a_ble 1 establishes a minimum,.,gradg, drainage~urposes and a maximum ode to enscir~~raffic cafety~specia[ly un er wet conditions and accessibility by emereencv vehicles The min, ~ maximum grade stand~.rds apply toto nublic~~ p~Vat~treets. The director. upon conferring with the chief engineer an~t~ chief r v 'nimum maximum r s b an eager that the into t~ of thj~ections is met. (h) Vertical and horizontal curves. [Vertical and horizontal curves shall be so designed as to give non-passing distance visibility in conformance with the standards specified in rules adopted pursuant to this chapter.] Tal31e 1 establishes minimum standards for Vertical and horizontal curves whether rsublic or private streets, to ensure adea~ale stop in distances The director uaog~ cg fn errine w' the c '~,n~ineer, may a~~prove variations based on the__gcade, ~~Slgn weed. or climate. [(c) Modifications. Variations from the required grades or curves may be permitted by the director and the chief engineer where advisable to meet unusual topographical conditions including property with average slopes in excess of twelve (12) percent, and the chief engineer may specify additional standards accordingly. In no event, however, shall the street grades exceed the fallowing; Primary arterial 8% Secondary arterial 14% Collector 16% Local and minor 18% (5% maximum on cul-de-sac turnarounds)] Sectinn (23-4-25.] 23-4-22. Intersections. Unless otherwise prpv~ied all streets whether publicic or private, shall conform to the standards in this sections (a) Alignment at [Intersections.] intersections. (1) [As far as] 'lv .extent practicable, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street by continuation of the [centerline thereof.] er iine. [The staggering of streets making "T" intersections shall he designed and adjusted with curves and diagonals, so that where a centerline] Wlhen a center line offset (jog) occurs at an intersection, the distance between September 30, 1999 71 (Ramseyer Working Draft) [centerlines] the center lines of the intersecting [streets) shall not be (no] less than [7undred fifty (l50) feet. (]fit is nat possible to align a street of a new subdivision with an existing strf:et of an adjacent track, short jigs may be avoided by establishing reverse curves in the road alignment within a block. Such reverse curves shall be separated from the existing road right-of--way by a tangent, a minimum of fifty feet along to the beginning or end of the curve. Reverse curves shall be avoided in districts zoned commercial and industrial in chapter 25, zoning code.] (b) Intersection angles[; corner radius]. [(1)] Streets shall be laid out to intersect at right angles except where topography requires a lesser angle, but the angle shall not be less than sixty ~ degrees unless there is a special intersection design. [(2)] ~ Corner radius. For rivate reets [The] the corner radius at intersecCsons shall accommodate the expected amount and type of traffic, allow for safe turning speeds, and allow reasonable pedestrian crossing time. For ttublic streets. the intersectio~~rn~~, sh~a] meet th.~ )!~.lt)~,.~~~ [(A)]~ Intersections which are at right angles shall have a minimum corner radius along the [edge of pavement as set forth below,] r~[a~,Qnf-way line as set forth in Table with the street having the highest radius requirement determining the minimum standard for all corners of the intersection[:] [Arterial 30' Collector 25' ComrnerciallIndustria125' Minor 20' Local 20'] [(B)] j,2~ Intersections which are not at right angles shalt have a minimum comer radius of twenty-five feet along the right-of--way lines of the acute angle. All other right-of- way lines at these intersections shall have a corner radius of not less than twenty ~ feet. If unusual topographical conditions exist that will impair sight distances and create a traffic hazard, the director. anon ~on~erring with the chief engineer, may specify a larger corner radius. [(c)] ~ Intersection sight [distances and grade.] obstructions. [(1) Intersection sight distance.] F,mbankments, buildings, fences, landscaping, crops, parking, tree overhangs, signs, Sepeember 30, 1994 72 (Ramseyer Working Draft} or other obstructions shall not [he designed to] interfere with the sight distance anywhere within [the sigh4 triangle specified in the Hiles adopted pursuant to this chapter. Any] an aria define~bv, ' h r n r t th i r. i ' j - Wit ~ t ed ar a t e subdivider shall remove or gg~~e ~n_y vegetation or obstruction (within the sight triangle shall be less than] that ezsF~e~i~ 3' above the nearest roadway edge. [(2}] ~ Grade. For purposes of sight distance and providing a relatively flat approach area where vehicles [store while waiting] wait to enter the intersection, the grades at intersections shall jconform with standards specified in the rules adopted pursuant to this chapter.] not exceed /~v~ithin lOQ' of the inl~rsection Section [23-4-27.] 23-4-23. Street trees. [Street trees provide shade and character along the street, buffer traffic noise, and filter pollution.] The subdivider may plant street trees within the p,~ is street right-of--way or an easement abutting the right-of-way[,] to be dedicatee to the ount provided that a [Street Tree Planting Plan] t~~et tree planting and majintenance elan submitted with the constniction plans indicating the quantities, locations, types, size, and planting specifications shall be reviewed and approved by the directorj, chief engineer, and director of parks and recreation]. [For street trees within rights of way to be dedicated to the County, the subdivider shall plant and maintain the street trees to the acceptability of the director of parks and recreation and until such time as the streets are accepted by the county.] The trees t r h 'v' a relatively lon 1~ ife cycle. tend to branch high above the ,gr~, n>~ a~~ re~yi`e minimum d litt r Adequate oot control shall be provided. The subdivider shall plant and maintain the street rees th acc n i h tim th s r et r m n ount . Section [23-4-28.] ~.~-4-2a~ Pedestrian and bike ways. (a) Pedestrian [Ways.] ways. Pedestrian ways are alternative walkway systems located away from street [rights of way] ri ts- f-way. The director may require the subdivider to provide a dedicable perpetual easement at least 10' wide for public use [and improved to standards specified by rules adopted pursuant to this chapter] with a minimum 5' [feet] wide pathway to provide such access: September 30, 5999 73 (Ramseyer Working Draft) (1) Whenever the director finds that a means of pedestrian access is necessary from the subdivision to schools, parks, playgrounds, shoreline or mountain areas or other roads or facilities and that such access is not conveniently provided by the sidewalks adjacent to the streets; ar (2) In any block over seven hundred fifty feet in length, the director may require creation of a pedestrian way at or near the middle of the block, or if unusual conditions require blocks longer than thirteen hundred feet, two pedestrian ways may be required. (b} Bikeways. Bikeways consist of bicycle routes, bicycle lanes, bicyclelwalk paths, and bicycle paths. Where there is no existing or ~I,anned community bikeway system, the subdivider has the option to include bikeways [in the new development.] within the public street right-of-- way. Where a [planned] bikeway [system] plan officially adopted by the County exists, the subdivider fall-,g o~ vide new bikeways [shall tie into] ~onsist~nt with that system. Where provided as part of dedicated [rights of way] rights-of--way or easements, the type of facility shall be noted on the preliminary and final plat map, and the subdivider shall improve and provide signage [in accordance with the rules adopted pursuant to this chapter]. Secti®n [23-4-Z9.] ~3-~-25. Stmt Ieglrts. (a) Street lights shall be constructed along public streets [dedicated to the County] in accordance with the following: (1)~Il [Subdivisions] spbdivisions. [within the residential {RS, RD, RM, RCX}, resort (V), commercial (CN, CG, CV), and industrial (ML, MG}] ex~~ t those l~~~d in the aericultur~l qr r~t~l districts; or (2) In other zoning districts or private roads where the director. utwn conferrins w}th the chief engineer, deems it necessary for the protection of the public safety and welfare. [{3}The street lights shall conform to the standards specified in the rules adopted pursuant to this chapter and outdoor lighting requirements specified in chapter 14, article 9 of the County Code.] The construction of street lights shall be made a part of the contract for subdivision improvement and installed coincident with other required improvements. Secte®a [23-4-30.] -4-26. Street names and tratfie segns. To faci~j~,t,~te emerQencv re~nonse. a street name shall he assigned to an street. whether public or private. which provides September 30, 1999 74 (Ramseyer Working Draft) vehicular access to two f2} or more lots ~ e subdivi~~LShall,provi~e sugQectPrl Street nam~S for approval ~y the director. Street name signs showing the names of intersecting streets shall be erected by the subdivider at each street intersection. [The type and location of street name and traffic signs which shall be created by the subdivider shall be subject to the approval of the chief engineer and shall conform to the standards specified in the rules adopted pursuant to this chapter.) No street names shall be used which may duplicate or may be confused with the name of an existing street in the County, provided that identical or similar names may be used to name extensions of existing streets. (Street names for public and private streets shall conform to the adopted policy set forth in the rules adopted pursuant to this chapter and shall be subject to review by the director. The council shall approve names for streets offered for dedication to the County. The director shall approve names for private streets.) Secti®n (23-4-17.) 23-4-27. Irraproveereent of offsite access street. The director, with input from the chief engineer, may deny any subdivision ~ if a traffic problem would be created due to the inadequacy of existing public streets to accommodate vehicles from the subdivision entering the public streets. The director or chief engineer may require the submittal of a traffic study to determine the impact of the proposed subdivision on neighboring properties and the existing street system. The subdivider shall have the right to make all necessary improvements to eliminate the problem at the subdivider's expense or other arrangements negotiated with the [County in a development agreement prepared in accordance with chapter 30 of the County Code, Only upon completion of the improvements, or as otherwise agreed in the development agreement, may the director approve the subdivision.] director Table 1: Design Standards for Dedicable Streets ®esign Paraaneter Arterial Collector Access Applies to Primary Sernn~ary ll~lajor i!'~inar CommerciaU Local Private Streets ]ndustrial Minimum Right-af--Way 120' 80' 60' SO' 60' 40' No Width Minimum with curb State Hwy State Hwy 36' 28' 36' 26' No Paved standards standards Width without curb State Hwy State Hwy 24' 22' 24' 16' No standards standards September 30, 1999 7S (Ramseyer Working Draft) Access Control Restricted Restricted Restricted Permitted Permitted Permitted No Maximum Urade State Hwy State Hwy 16% 1 A% 16% 1 B% Yes standards standards Minimum Grade State Hwv State Hwy I% Yes standards standards Minimum stopping distances State Hwy Ctate Hwy 300' S[?0' 300' 100' Yes (vertical and horizontal standards standards curves} Corner radius State Hwy State Hwy 25' 20' 25' 20' No standards standards Sidewalks, Curbs required at required at Both sides Both sides Both sides of Roth sides No discretion discretion of of street in of street in street in CG, of street in of director director RS-10 or RS-l0 or CV, MCX, V RS-l0 or higher higher higher density, density, density, RD, RM, RD, RM, RD, RM, RCX, CG, RCX, CG, RCX, CN CV, CN, CV, CN, Mt:X, V MCX, V Paved Shoulders and Swages Slate Hwy State Hwy Required Required Required Required No standards standards where where where median where median median annual rainfall median annual anmial exceeds 70 annual rainfall rainfall inches rainfall exceeds 70 exceeds 70 exceeds 70 inches inches inches Cul-de-sac length N/A N/A NIA NrA NIA 1000' Yes Cul-de-sac Turnaround N/A N/A NIA NIA N!A 45' Yes Planting strip No No No Nu No Yes No Street lights required at required at required, required, required required. Where required by discretion discretion of except in except in except in director of director director agricultural agricultural agricultural or rural or rural or rural districts districts districts IDivisiosn [S.J ~ Utilities. Stetson [23-4-31.] Z~.-4-2$,, Utilities location `a~ithin streets [and State higldvvays~. [(a) In general, all utilities shall be located within the street width, and government owned water mains shall be located in the paved areas, except that water mains of a suburban water system may be located as designated in the area between the edge of pavement and the property line when approved by the chief engineer and manager. Where practicable, sewer mains shall he located in the paved area between curbs. (h) On State highways, all utilities shall be located in the area between the edge of pavement and the property line. Where practicable, a minimum distance of six feet shall be September 30, 1999 76 (Ramseyer Working Draft) maintained between the edge o{' pavement and the location of the utilities. Utilities may be permitted to cross the highway on a line perpendicular to the centerline of the highway. Ilnder certain conditions the utility may be permitted to deviate from the normal line but in no case shall the angle between the utility and a line perpendicular to the centerline exceed forty-five degrees. {c) Location of utilities within street impractical; alternative. If in the opinion of the director, the chief engineer and manager, the most suitable and reasonable location for any of the utilities, such as sewers, storm drains, water and gas pipes, electric and telephone pole lines and conduits, which are likely to be required within a subdivision for the service thereof or for the service of areas in the surrounding territory, does not lie wholly within the street width, the director may require provisions to be made for the location of such utilities on routes elsewhere than within said street width. The subdivider shall designate the required area for all such utility locations outside of the street width and shall deliver a proper easement or right-of--way for the area, including a maintenance access easement where necessary.] ~J ]]~j~s located wjt in the w h 11 h uir n rest~onsible for such µtili~. [section 23-4-32. Easements for utilities; size; conveyance. {a} Easements or rights-of--way for sewers, storm drains and government awned water facilities shall he at least fifteen feet in width and centered on rear or side lot lines except far guy-wire tie-back easements, which shall be three feet wide by twenty feet long along lot lines at change of direction points of easements, except that this width may be modified where the chief engineer or the manager, whichever is appropriate, finds that a greater or lesser width is necessary or satisfactory far the purpose of the use of the area. Easements far maintenance access roads, where necessary, shall be at least fifteen feet wide, (b) Easements or rights-af--way for all govemment owned utilities including storm drains and maintenance access roads, except those under the jurisdiction of the department of water supply, shall he conveyed to the County and documents shall be delivered to the Council for acceptance. Easements or rights-of--way for water facilities which are under the jurisdiction of the department of water supply shall be conveyed to the water commission and the documents shall be delivered to the water commission for acceptance.] September 30, 1999 77 (Ramseyer Working Draft) n 2 - r et wi hts-of-w r ~ i I J nc th m t5 ita 1 • n ' 'ties suc as sewers. ~Xo~, ~r~[,~,,ery ter and~as pi~tes. electric a_nd t~lenhone pole lines an„c~conc]uitsa which are Likely to be required within a suhdivision for the Service th~~eof or for the service Q~f~e~s in the surroundine parcels does not lie whQ~ly within the street right-of--way he director may require~trov~siort~to be made ~'or the location of such utilities on routes elsewhere than within said street right-of-wav. The subdivider shall deli ate the r~q~~ed ar~~ III s, ;l;t~ locations outside of the street rieht-of--way and shall deliver a nrotter easement or rig t-of-wad for the • Where ease n r used, such ease~r.lents s all a xgvj-~~~ aJ,~nt? rear or side lot lines to the extent~racticabl~ but need nqt ~~,~entered on such 1i>sa~~~ Division [6.] 5. Water: Secti®n [23-4-33.] 23____4y~ Public water system available. {a) Where the subdivision is within the service area of the public water system and the department of water supply determines that adequate water supply is available, the subdivider shall provide a water system [meeting the minimum] connective to the department o,.~.water sup~,y system upon~tavment of ap,.plicable fees and outer requirements of the County department of water supply. (b) Water system improvements and fire hydrants installed to and within the subdivision shall be designed and constructed in accordance with rules and regulations of the [department] departments of water supply[, adopted in conformity with article VIII of the Charter.] ~y~ re. Section ]23-4-34.] 23. _ 4-31. Public water system not adequate nr not availably. {a} Where the subdivision is not within the service area of the public water system with adequate capacity, t~ subdivider shall provide a private water system [that meets the requirements of the State department of health, as applicable, for any subdivision with 11 or more lots. Eor subdivisions with less] depending on then e~ ose~[,]~ts as folio {l1 Eleven (l 11 or more lots• provide a private w~te~~ys~~,~~,~t meets the re~~ments of the Sta a den~~ent of health and department of water, as ~ppficable 2 Les than eleven (111 lots[,] the subdivider does not have to provide a water system if the subdivision is located in an area that receives at least [80"] median annual September 30, 1949 78 (itamseyer Working Draft) rainfall[; provided, however, that ii], 3~If_ the director [reasonably believes] finds that the subdivider has phased various subdivision applications to circumvent the requirement to install a private water system, the director may deny the application. The director may require the subdivider to construct a communal fire reserve water tank with a capacity determined by the director [with input from] upon conferring with the fire chief. (b) Recorded notice. The subdivider shall submit a recordable document for review and approval by the director and corporation counsel that incorporates the following requirements: (1}provides notice to each lot purchaser that the lot is not serviced by a public water system, and that any future connection to the public water system would be entirely at their expense; (2) for water catchment subdivisions, [commits] advi each lot owner to construct a water catchment according to the standards or guidelines that may be issued by the County or State; if no standards are available at the time of construction, vad use" ~ the lot owner [shall] to provide a catchment system to meet the minimum needs of the household fora 3-month supply, and [shall] ~ provide sufficient capacity for the fire fghting purposes if there is no communal fire reserve water tank. Division [7.] ~ Wasteavater: Section (23-4-35.] 2~-4-32. Sewer systean available. Sewer lines shall be installed where the subdivision is within five hundred lineal feet of an existing up blic sewer system[.] ~r [When] when otherwise required by the [)department] of [l-Iealth,] health. [the] The subdivision sewer lines shall conform to the minimum requirements of the department of public works. Where the subdivision is located in an area planned for sewers, as defined by section 21- 6 of the County Code, the subdivider shall comply with the requirements of that section. Seetion[23-4-36.]x,3 4~3~~ No sever systeYn available. In subdivisions where sewer connections cannot be made to an existing or planned sewer system under the requirements of this chapter, the subdivider shall meet the minimum requirements of the State health department relating to [sewage] waste. disposal. Division [S.] 7. Drainage Section [23-4-37.] 23 4_34. General. September 30, 1999 79 (Ramseyer Working Draft) [(a) The discharge of storm water shall conform to an applicable regional watershed management plan. In the absence of a regional plan, the discharge of storm water shall conform to the standards in this chapter and rules adopted pursuant to this chapter.] [(b}] ~ The use of pervious systems such as grassed swales, waterways and infiltration beds that combine natural storage;, percolation, and channeling techniques shall be used to the extent practicable. [(c) Drainage systems shall he designed to prevent major property damage and loss of life from the 100-year storm, as well as to protect development, streams, drainageways, and streets from erosion, sedimentation, and increased runoff from the ten-year storm. For the 100-year storm, there shall be no increased threat to downstream property under fully developed conditions. For the ten-year storms, the peak rate of flow at all paints along the tract boundary shall not be greater than the predevelopment value.) (bl There shall be no increased threat to downs eam ro env under fully dey~o~ed conditions based on the hundred-year stone. The pea~rate of flow at all pointalong the tract • 11 n e rester than th edevelo meet value based on the ten- ear conditions and culverts shall h~.de.~i?~~~! >,~~,the fift~year storm. [(d)] To the extent practicable, lot boundaries shall coincide with natural and man- made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways. [Section 23-4-35. Accoenenodation of upstream drainage areas. The drainage facilities shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the subdivision, assuming conditions of maximum potential watershed development permitted by the zoning code. The subdivider's engineer shall determine the necessary size of the facility, based on the standards specified in the rules adopted pursuant to this chapter and a drainage report to be submitted by the subdivider with the construction plans when required by the chief engineer.] Section (23-4-39.~ 23. 4-35. Special fio®d hazard areas. All subdivisions within the special flood hazard areas, as defined in chapter 27 of the County Code, shall be subject to the requirements of [Chapter] 27 including without limitation the identification on the preliminary and final subdivision .plat maAS of the special flood hazard area boundaries[.] n September 30, 1999 80 (Ramseyer Working Draft) base flood elevations [(if available), and ground elevations on the subdivision plat maps], and construction restrictions and standards for any improvements uv~thin the special flood hazard areas. If the Flood Insurance Rate M~tas have not identified Special flood haza_r~l_areas or base flood elevations pr the tract the direchr tray require tie subdivider to prow e $uch in~'~r~ation Section [23-4-40.] 3-4- 6. ®rainage i~nproveenenfs and easements. (a) Drainage improvements. Grading shall be done and drainage structures shall be provided by the subdivider as are deemed essential by the director. upon conferring kvith r e chief engineer, to protect roadways and the public [based on criteria specified in the rules adopted pursuant to this chapter]. (b) Drainage easements. Where a subdivision is traversed by a natural water course, drainage way, channel, or stream, there shall be provided a drainage easement or drainage right- of-way j~ conforming substantially with the lines of such water course, and of such further width as will be adequate for the purpose. The easements ~r shall include maintenance access roads, fences, or other suitable maintenance and safety facilities as required by the director~,~non conferrine with the chief engineer [in accordance with standards specified in rules adopted pursuant to this chapter]. Division 8. Other Public Areas, Bastion [13-4-41.] Dedication #'or peeks, playgrounds, and public access. 1 [Subdivider] shall comply with the applicable requirements of chapter 8 (relating to park dedication) and chapterL] 34 (relating to public access to shoreline and mountain areas) of the County Code and other related [ordinances] legal, rewire eats pertaining to park or public access dedication. Section [23-4-42.J ~3-4-38. Reservation for parka, playgrounds, and public building sites. If required as a condition of reaoning or an oflicially adopted County Wien. [The] t~ subdivider of a [parcel] tom, of land capable of supporting two hundred dwelling units shall reserve suitable areas for parks, playgrounds, schools, and other public building sites that will be required for the use of its residents. Unless otherwise required [ Five] percent to ten percent of the land area, exclusive of streets, shall he reserved far recreational and public use, for a period of two years for acquisition by a public agency. [Outstanding natural or cultural features such a scenic spots, water courses, fine groves of trees, heiaus, historical sites and structures shall September 30, 1999 8] {Ramseyer Working Drag) be preserved as provided by the director.]" SECTION [4.] ~ [This ordinance shall take effect upon its approval.] All applications for subdivision approval, including final plats, pending on the effective date of this ordinance shall be reviewed under this ordinance except that this ordinance will not apply if preliminary subdivision approval was obtained prior to the effective date of this ordinance and the subdivider has constructed subdivision improvements prior to submission for final subdivision approval unless the Planning Director determines on the record that application of this ordinance is necessary to avoid a substantial risk of injury to public health, safety and welfare. SECTION (5.] 4 This ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision controls, or a discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the [municipality] o nt under any section or provision existing at the time of adoption of this ordinance, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the County except as shall be expressly provided for in this ordinance. SEC71'ION ]6.] ~ This ordinance shall take effect upon its approval. INTRODUCED BY: COITNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Datc of Introduction: Date of 1st Reading: Date of 2nd Reading Effective Date: APPROVED AS TO FORM AND LEC'iALITY: Corporation Counsel Dated: September 30, 1999 $2 (Rarnseyer Working Draft)