Loading...
HomeMy WebLinkAboutORD 1947-058 Prior1976B Y A U T H O R I T Y COUNTY OF HAWAII TERRITORY OF HAWAII ORDINANCE NO. Y AN ORDINANCE REGULATING THE SUBDIVISION OF REAL ESTATE IN THE COUNTY OF HAWAII, PRESCRIBING CONDITIONS FOR THE SALE, LEASE OR RENTAL OF REAL ESTATE TO BE SUBDIVIDED; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ORDINANCE NUMBERED 42. BE IT ORDAINED BY THE BOARD OF SUPERVISORS IN AND FOR THE COUNTY OF HAWAII: SECTION 1. Title: This ordinance shall be known as the "Subdivision Ordinance," and may be cited as such. SECTION 2. Definitions: The following words and terms when used in this ordinance shall, for the purpose thereof, have the meanings respectively ascribed to them in this sec- tion, unless it shall be apparent from the context that a different meaning is intended. A. The word "subdivision" means any division of a tract, lot or parcel of land into smaller lots, plots, or parcels for the purpose, whether immediate or future, of sale, lease or rent for all except agricultural lands in excess of twenty (20) acre plots. B. The word "commission" means the Planning and Traffic Commission of the City of Hilo and the County of Hawaii. C. The word "director" means the director of the Planning and Traffic Commission. D. The words "chief engineer" mean the chief engineer of the Department of Public Works of the County, of Hawaii. E. The word "subdivider" means the owner or possessor of any interest in land, desiring to subdivide land within the County of Hawaii. F. The word "lot" means a portion of a subdivision or other parcel of land intended for sale, lease or rent. G. The City of Hilo shall be defined as all of that portion of the district of South Hilo, County of Hawaii, which is described as follows: Bounded on the south by the district of Puna; bounded on the west by the districts of Kau and North Hilo; on the north by the Ahupuaa of Paukaa in the district of South Hilo; and on the east by the sea. H. The words "access street" mean any street that leaves the main highway and provides access by persons to property off the main highway. /', -Auk- yaa • SECTION 3. Subcu ..3ion„ uo conform to provisions . , ordinance: In order to provide for adequate light, air, fire protection, traffic safety and to insure the proper sanitation and drainage of lands within the County of Hawaii, any subdivision of land within the County of Hawaii shall comply with the provisions and procedure hereinafter set forth. SECTION 4. Boundaries to be of record: No person shall sell, lease or rent real estate which has been subdivided or is claimed to have been subdivided by reason of any natural boundary unless said boundary is a boundary of record, that is, noted as such in the records of the Bureau of Conveyances of the Territory of Hawaii.. SECTION 5. Procedure _for approval and recordation of subdivision at Bureau of Conveyances: Before any subdivider or his agent sells, leases or rents any subdivision of land or any part thereof within the County of =3awaii, the subdivider or his agent shall secure the approval of the commission of such subdivision. The following procedure shall be followed in securing the approval of a subdivision: All drawings and profiles shall conform to standard engineering prac- tices. B. The subdivider shall submit to the commission at least three (3) copies of a preliminary subdivision plat, or as many additional copies as may be re- quired by the commission, which shall not be less than eight and one -half by thirteen (8\ x 13) inches nor more than thirty -six by forty -two (36 x 42) inches in size. Such preliminary plat shall show the general layout of the proposed subdivision and the information required in section 6. c. The preliminary plat must be submitted to the director at least five (5) days prior to the next meeting of the commission in order to be considered et that meeting. B. The preliminary plat shall then be examined by the commission and the chief engineer or his authorized representative; thereupon the chief engineer or his authorized representative shall advise the commission if said subdivi- sion conforms to the engineering standards required by this ordinance. 7f the plat conforms to all of the provisions of this ordinance, it shall be st.amped,� by said commission: "Subdivider authorized to prepare detailed drawings on plat as submitted. "Recordation not authorized until approved for record at a later date." E. If no action is taken by the commission within thirty (30) days from the date of its filing with the commission of the preliminary plat, or such longer period as may have been agreed upon, the preliminary plat shall be deemed approved, and it shall be the duty of the commission to endorse its approval of the preliminary plat upon the face thereof. F. If the preliminary plat contains all of the information necessary for the subdivision, as hereinafter set forth, it shall be deemed to be the sub- division map as required in Section 7 -A. G. ',Then detail drawings, being the subdivision map, are completed as re- quired by Section 7 -A, three (3) copies shall be submitted to the commission for examination and approval. When such detail drawings bear the approval of -2- the commission, the may proceed with the coh...rruction of all facilities shown on his drawings. H. Upon the filing of a bond, certified check or other guarantee in such form, sufficiency, and in such amount as shall be satisfactory and acceptable to the commission, which security shall be filed with the Department of Public Works and held by said department as a realization in whole or in part for the correc- tion of any defective or improper work called for on the original plan, the sub- divider may apply for approval of the subdivision map for recordation. At the same time he shall file with the Department of Public Works prints of all plans prepared., . Upon the completion and acceptance of the work, the bond, certified check or other guarantee shall be returned to the subdivider. I. When the construction work is complete, and is accepted in writing by the chief engineer, the subdivider may apply for approval of the subdivision map for recordation. Whereupon the commission shall stamp the original and a copy of the subdivision map: "SUBDIVISION NUMBER A P P R O V E D FOR R E C O R D A T I O N" and such approval shall bear the signatures of the chairman and director of the commission. The subdivider shall then file two (2) copies of all plans prepared and accepted to the commission who shall retain one (1) copy and forward the other copy to the Department of Public Works. J. No change in a subdivision, or in the plan of a subdivision already ap- proved, can legally be made without the approval of the commission, K. Land shall not be offered for sale, lease or rent until after recorda- tion of the approved subdivision map; provided, however, bona fide options or agreements for the purchase, sale, leasing or rental of land, which options or agreements are specifically made subject to the approval of the subdivision by the commission, may be made prior to the recordation of the subdivision map; provided, further, that upon the filing of a bond as required by Paragraph H of this section, land may be offered for sale, lease or rent. For the purposes of this ordinance, the holder of any option or agreement may act as and per- form all the duties of the owner of the fee simple title. L. During the making of the improvements, and installation of the facili- ties and utilities and the carrying on of other work proposed to be done by the subdivider, the work shall at all times be subject to inspection by the chief engineer or his authorized representative. M. In case of a subdivision which involves no streets, drains or utilities, the preliminary plat may be approved by the commission for recordation without the further development of the plan into details. SECTION 6. Information to be shown on preliminary plat and accompanying papers: The preliminary plat shall show all or such of the following information as the commission may require: A. Name and address of the owner of record, subdivider and surveyor or engineer; B. Date, north point and scale, tax key; C. The title under which the proposed subdivision. is to be recorded, with the name and address of the technical adviser or author of the plan and a nota- tion stating the acreage. Where in the opinion of the commission the construc- tion plan requires the technical skill of a qualified, registered engineer, the commission may require that such plan be prepared by a qualified, registered engineer; -3- D. The names of bubdiv.eions immediately adjoinin also the location and names of adjacent streets and other public places or spaces on immediately adjoin- ing properties; E. The approximate location in the adjoining streets or property of exist- ing sewers and water mains, culterts and drainpipes, electric conduits or lines proposed to be used on the property to be subdivided and invert elevations of sewers at points of proposed connections; F. The location of then existing property lines, streets, buildings, water courses, railroads, utilities, and other similar features; G. The names, locations, widths and other dimensions of proposed streets, easements, Parks and other open spaces, reservations, lot lines, building lines and utilities; H. All parcels of land proposed to be dedicated to public use, and the conditions of such dedication, if any; I. When required by the Commission, the preliminary plat shall be accompa- nied by profiles showing existing ground surface, natural water courses and drain- age channels, and proposed grades of streets, including extensions for a reason- able distance beyond the limits of the proposed grading, roadway and sidewalk, and the preliminary plan of proposed sanitary and storm sewers, with grades and sizes indicated. All elevations shall be based on official government bench marks. When required, the commission may request that true elevation be sub - mitted; J. The preliminary plat shall be accompanied by a plan indicating the use of the lots proposed by the subdivider, whether for one family dwellings, multi- family dwellings, hotel and apartment use, business, industrial, light industrial, noxious industry purposes, or agricultural purposes; and copies shall be submit- ted of the proposed documents or instruments whereby the use, building line, open space and other restrictions as proposed by the subdivider shall be shown; K. A brief written outline specification of the construction details for pavement, curb, sidewalk, catch basins, storm drains, water mains, sewer lines, street lighting and gutters. SECTION 7. Filing and form of subdivision map: A. Prints of the subdivision map referred to in Section 5 shall be submit- ted to the commission in quadruplicate within one (1) year after the approval of the preliminary plat. Otherwise the approval of the preliminary plat shall be- come null and void, unless an extension of time is applied for and granted by the commission. B. The subdivision map shall conform in size and scale to standard engi- neering practices. When more than one (1) sheet is required, an index sheet of the same size shall be filed showing the entire subdivision on one (1) sheet, with lot numbers or block and lot numbers. SECTION 8. Data required on subdivision map: The subdivision hap shall comply with and shall contain the data specified in the following paragraphs: A. Name and address of the owner of record, subdivider and surveyor or engineer; B. Date, title, north point and scale, and tax key. The title shall in- clude the name of the subdivision under which it is to be recorded; -4- C. The locations y.L all proposed streets, easements, parks and other open spaces, reservations, lot lines, building lines, water lines, sewer lines, elec- tric conduits, street lighting, catch basins, storm drains and gutters; also names and lines of all adjoining or existing streets; D. The length and true azimuths of all straight lines, radii, chords and central angles of all curves along the property lines of each street, all dimen- sions and true azimuths along the lines of each lot, and also any other data necessary for the location of all building lines proposed to be improved by the subdivider; E. All subdivisions shall be shown to have been accurately surveyed, co- ordinated to the Territorial survey triangulation stations, tied to Territorial street monuments or other authentic street monuments, and permanently monumented on the ground with approved survey monuments; F. The names of all subdivisions immediately adjoining; or, when adjoin- ing property is not a recorded subdivision, the names of the owners thereof; G. The boundary of the subdivided tract, with courses and distances marked thereon. Such boundary shall be determined by survey in the field, which shall be balanced and closed, made by a qualified, registered land surveyor and cer- tified to be correct; H. If the real estate to be subdivided is not within an area which has been zoned, a plan showing the proposed use, yard, area, and other restrictions on each lot within the subdivision shall accompany the subdivision map, and a statement of the provisions and instruments whereby such buildings, building lines, minimum yards, and use restrictions will be imposed. SECTION 9. Requirements and standards of subdivision: The requirements and standards of any proposed subdivision shall be as follows: A. Streets 1. Relation of streets to adjoining street system: (a) Subject to the regulations hereinafter specified regarding definite minimum widths, the arrangement of streets in subdivisions shall pro- vide for the continuation of the principal streets existing in the adjoining subdivision, or of their proper projection when adjoining property is not sub- divided, and shall be of a width at least as great as that of such adjoining, or proposed projected streets. (b) Streets that are continuous shall bear the same name throughout their length. (c) Where, in the opinion of the commission, a topographical condition makes such continuance of, or conformity to, existing streets im- practicable, or where the commission itself adopts a plan for a community or neighborhood area of which the subdivision is a part, and such plan provides for coordination with the street system of the County of Hawaii, different from that of said continuations or projections of existing streets, and the subdivider's plan conforms to such community or neighborhood plan of the coin - mission, the commission may approve the subdivider's plan. (d) Where the preliminary plat submitted covers ohly a part of the subdivider's tract, a sketch of the prospective future street system of the un- submitted part shall be considered in the light of adjustments and connections with the street system of the part not submitted. (e) Where a tract is subdivided into larger parcels than for building lots, the commission may require an arrangement of lots and streets -5- such as to permit a AaLor resabdivision in conformity v,..-an the street require- ments specified in this ordinance. 2. Access: There shall be no reserve strips controlling access to streets, either existing or proposed, except where the control of such strips is definitely placed in the jurisdiction of the County of Hawaii. The subdividing of the land shall be such as to provide each lot, by means of either a public street or easement, of approved width, with satisfactory access to an existing public street as shown on an official map. 3. Street widths: The minimum width of thoroughfares and streets shall conform to the following requirements: Classification Major thoroughfare Major street Secondary street Minor street Dead -end (cul de sac) street As used in this ordinance: A "major thoroughfare" or "boulevard" shall mean a street 100 feet or more in width which is intended to serve as a major traffic artery for intercommunication between districts in the County. A "major street" shall mean any highway 80 feet or more in width which is primarily a traffic artery for intercommunication between various zones within the city of Hilo. A "secondary street" shall mean a street 60 feet or more in width connecting various sections within a zone. A "minor street" shall mean any street primarily for access to abut- ting owners. A "dead -end (cul de sac) street shall mean a street designed to have one (1) end permanently closed, having a turning area at the closed end with a diameter of not less than 80 feet. 4. Acute angles: As far as practicable, acute angles between streets at their inter- sections are to be avoided. 5. Rounding street corners: To permit the construction of curbs having a minimum radius of twenty (20) feet at street corners, without decreasing the sidewalk area to less than normal width, the property line at such street corners shall be rounded or otherwise set back sufficiently to permit such construction. A larger radius may be required by the commission when, in its opinion, such design is advis- able. 6. Grade and alignment of streets: -6- Right -of - way Pavement 100 feet 64 feet 80 feet 40 feet 60 feet 20 feet 40 feet 16 feet 40 feet 14 feet Grades of all streets shall be a reasonable minimum but shall in no case be less than one -half of one (0.5) per cent, and shall not exceed seven (7) per cent for main thoroughfares and ten (10) per cent for minor streets. No grade shall be less than one -half of one (0.5) per cent at the gutter. Vertical air.: Uorizw1tal curves must be so designed as to give visibility in accordance with the following table: Classification Major thoroughfare Major street Secondary street Minor street Dead -end (culf:.de sac) street Vertical Curves Horizontal Curves 750 feet 750 feet 500 feet 300 feet 300 feet 1000 feet 750 feet 500 feet 300 feet 300 feet Variations from these grades or curves may, however, be permitted by the commission and the chief engineer where advisable to meet topographical con- ditions. 7. Pavement of streets outside of the city of Hilo: Streets and roads hereafter constructed outside the city of Hilo, form- ing a part of the main highway system of roads and highways of the County of Hawaii, shall have an approved six (6) inch base course and three (3) inch penetration pavement or two (2) inch asphalt concrete pavement. Hilo: 8e Pavement of access streets constructed outside of the city of Streets and roads hereafter constructed outside the city of Hilo, which will not form a part of the main highway system of the County of Hawaii, may be constructed of crushed rock or cinders of six (6) inch base course and with approved oil treated surface, with drainage provisions suitable to the district. B. Sidewalks The commission shall have authority to recommend and the Board of Supervisors may, when in its judgment a necessity exists for such improvement, require the construction of sidewalks which shall be constructed in accordance with specifi- cations of the Department of Public Works. C. Location of utilities In general, all utilities shall be located in the street right-of-way, but not under pavement or sidewalk. If, in the opinion of the commission, the most suitable and reasonable loca- tion for any of the utilities, such as sewers, storm drains, water and gas pipes, and electric pole lines and conduits, which are likely to be required within a subdivision, either for the service thereof, or for the service of areas in the surrounding territory, do not lie wholly within the streets, the commission may require provisions to be made for the location of such utilities on routes else- where than within said streets. D. Block widths The widths of blocks shall not exceed two (2) tiers of lots. E. Lot sizes The minimum dimensions for residence lots shall be influenced by the predom- inant lot sizes existing in the immediate neighborhood. No area shall be subdivided for residential purposes into lots of less than five thousand (5,000) square feet: F. Monuments Approved street monuments shall be placed and properly coordinated with the Territorial survey triangulation stations at all angle points, points of curvature -7.- in streets and at such intermediate points as shall be required by the commission. G. Water Any subdivision hereafter to be laid out within the city of Hilo shall be provided with six (6) inch water mains, with fire hydrants not more than three hundred (300) feet apart and not more than six hundred (600) feet apart in the rural districts outside of the city of Hilo, of materials standard for such work as installed by the County of Hawaii; except when the area does not fall within the scope of any water system and when existing conditions are such that the public may be properly served with water and with fire protection without full and strict compliance of the foregoing requirements, such modification thereof as is reasonably necessary or expedient and not contrary to law or the intent and purpose of this ordinance may be Made by the chief engineer for subdivisions in the rural districts outside the city;of Hilo and for subdivisions within the city of Hilo. H. Sewer In any subdivision hereafter to be laid out within the city of Hilo, there shall be installed sewer lines where such subdivision comes within the scope of the sewer system of the city of Hilo or which may within a reasonable time be served by such system; provided, however, in subdivisions where the construc- tion of sewers is not applicable or possible under the requirements of this ordinance the subdivider shall obtain from the Board of Health a certificate authorizing the construction of cesspools in lieu of sewer lines. I. Building restrictions The commission may disapprove a preliminary plat or a subdivision map where buildings already located or proposed to be erected on real estate fail to con- form to the provisions of Ordinance No. 157 known as the "Building Code." J. Zoning restrictions The commission may disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of Ordinance No. 119 known as the "Zoning Ordinance." SECTION 10. Issuance of building permits for and erection of buildings on unaccepted street: No building permit shall be issued for any building to be erected on any lot within the area covered by any proposed subdivision unless the street giving access to the lot shall have been accepted or opened as, or shall have otherwise received the legal status of a public street, or unless such street corresponds in its location and lines with a street shown on a subdivision map approved, or with a street plan adopted by, the comrnission,or with a street located or ac- cepted by the Board of Supervisors after submission to and approved by the com- mission, or in case of the commission's disapproval, located or accepted by the affirmativp ifte of not less than five (5) members of the Board of Supervisors; provided, /tgia as a condition precedent to the issuing of any building permit for, or to the erection of any building on an unaccepted street, such street shall have been, or satisfactory bond, with the amount and surety approved by the chief engineer, shall be given that such street will within a reasonable time be, suitably improved to the satisfaction of the chief engineer in accord- ance with specifications approved by him substantially the same as those used by the County of Hawaii or required of other persons for comparable streets. No building shall be erected in violation of this section, and the County At- torney may, in the name of the County, bring appropriate action to enjoin the erection or maintenance of such building. SECTION 11. Issuance of permit for installation of service utilities in unapproved subdivisions: The Department o4 , abl:. - Works shall not issue a 1- .1-mit to cut a curb, tap a water or sewer line or install any water, lighting or sewer facilities in the area covered by a proposed subdivision until such subdivision has been approved as required by the provisions of this ordinance. A. The chief engineer is hereby charged with the duty of inspecting the construction of the work which later would become part of his duty to maintain to insure proper construction in conformity with this ordinance. B. Prior to the approval of a subdivision map, an applicant desiring ap- proval of said map shall be required to pay a fee of one -tenth of one (0.1) per cent of the estimated cost of the construction work to be done in the sub- division but not less than twenty -five ($25.00) dollars to cover the costs of inspection; provided, however, that said fee shall be returned to the applicant if the subdivision map is not approved. Fees received from applicants shall be deposited in the Treasury of the County of Hawaii and are hereby appropriated for the purpose of defraying the costs of such inspection. SECTION. 13. County of Hawaii not to receive dedication of highways unless constructed in conformity with ordinance: The Board of Supervisors shall not take over, receive by dedication, or otherwise, or do any repair or construction work upon streets or pavements, water lines, street lighting systems, sewer repairs, or in any way accept as public highways any streets, avenues or alleys, in any subdivision hereafter opened or platted in the County of Hawaii, except upon a compliance with the provisions of this ordinance. SECTION 12. Inspection by chief engineer -- Inspection fees: SECTION 14. Modification of requirement: Whenever the land embraced by any subdivision is of such size or shape, or is affected by such location of topographical conditions, or is to be devoted to such usage that it is impossible or impracticable in the particular case for the subdivider to conform fully to the provisions of this ordinance, such modifica- tion thereof as is reasonably necessary or expedient and not contrary to law or the intent and purpose of this ordinance may be made by the commission. SECTION 15. Application for approval by the Board of Supervisors upon dis- approval by the commission: The grounds of the disapproval of any subdivision plan shall be stated in the minutes or other records of the commission. If the commission shall disap- prove any such subdivision plan the applicant for such approval may present the same to the Board of Supervisors for approval after the disapproval thereof by the commission by filing such subdivision plan in the office of the clerk of the County of Hawaii, and the Board of Supervisors may approve such subdivision plan but only by the affirmative vote of at least five (5) of its members. SECTION 16. Penalty: Any person or corporation who violates any of the provisions of this ordi- nance, upon conviction shall be punished by a fine of not more than $1,000.00, or imprisoned for not more than one (1) year, or by both such fine and imprison- ment. SECTION 17. Repeal: -9- Ordinance numbereQ 42 i., hereby repealed. SECTION 18. Validity: Should any section, paragraph, sentence, clause or phrase of this ordinance be declared invalid or unconstitutional for any reason, the remainder of this ordinance shall not be affected thereby. SECTION 19. Effective date: This ordinance shall take effect upon its approval. Dated at Hilo, Hawaii, this ,day of Introduced by: A. D. 1947.