HomeMy WebLinkAboutBIL 266 Draft 01 2012-2014 it l
COUNTY OF HAWAII :,•i ;',# •' STATE OF HAWAII
.•
•• •44 OF NF.M .
BILL NO. 266
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 4, SECTION 23-58 AND
ARTICLE 5, SECTION 23-68 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), RELATING TO SUBMISSION OF THE PRELIMINARY PLAT AND
FINAL PLAT FOR AN APPLICATION FOR SUBDIVISION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 23 , article 4, division 1, section 23-58 of the Hawai`i County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
"Section 23-58. Application for subdivision; plat and plans submitted by subdivider.
(a) The subdivider shall submit a written application for subdivision, a preliminary
plat[;] prepared, stamped and signed by a surveyor, and other supplementary
material required to describe the nature and objectives of the proposed
subdivision, and shall submit [eight] ten copies, or more if requested by the
director, of the preliminary plat and other supplementary material to the director.
(b) All pertinent information on the preliminary plat shall be drawn to scale.
(c) Where the area to be subdivided contains only part of the tract owned or
controlled by the subdivider, the director may require a sketch of a tentative
layout for streets in the unsubdivided portion.
(d) Application for Resort Subdivision. The subdivider may file an application for
resort subdivision. An application for resort subdivision may either be filed under
this section or under any other provision of this chapter. If an application for
subdivision is filed under this section, it shall be clearly designated as such. Such
application shall, in addition to all other information to be submitted with the
subdivision application, preliminary plat and other supplementary material,
include the following:
(1) A statement acknowledging that all improvements will not be approved
for dedication unless and until such improvements satisfy all of the
requirements for dedicable improvements.
(2) A description of the provisions made for permanent maintenance of the
private roadways within the proposed resort subdivision.
(3) A description of how subsequent owners of the property will be notified of
the private nature of the improvements and maintenance responsibilities."
SECTION 2. Chapter 23, article 5, s ection 23-68 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 23-68. Drafting of final plat.
(a) [ - . -- . : - - : . . . .
- . . • . ••--- . . . , - .] A surveyor•
shall prepare, stamp, and sign the final plat in accordance with the provisions of
this chapter and sections 502-17, 502-18 and 502-19, Hawai`i Revised Statutes, as
amended.
(b) The scale and sheet size utilized on this drawing shall be the same as required
under section 23-59, and dedication or other written material shall be submitted
on supplemental sheets.
(c) 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."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 4. I f any provision of this ordinance or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance, which can be given effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
XIte
COUNCIL MEMB , OUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm., 937
2