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HomeMy WebLinkAboutORD 2015-019 2014-2016COUNTY OF HAWAII *STATE OF HAWAII BILL NO. 266 ORDINANCE NO. 15 19 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 4, SECTION 23-58 AND ARTICLE 5, SECTION 23-68 OF THE HAWAPI 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 HAWAPI: SECTION 1. Chapter 23, article 4, division 1, section 23-58 of the Ilawai`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 sumcd by a survevor, 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 arca to be subdivided contains only part of the tract owned or controlled by the subdivider, the director may require a sketch of a tentative Invent 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, section 23-68 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23-68. Drafting of final plat. (a) the finalplai, all engineering and .. '.1g- shalld6e ...ode by o under the supervisionyof an engmeeF d sumeyof, , .� 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 Hawaii 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 fled 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. If 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: COUNCIL. MPMIIER, COUNTY OF IIAWAPI Hilo , Hawai'i Date of Introduction: January 23, 2015 Date of 1 st Reading: January 23, 2015 Date of 2nd Reading: February 4, 2015 Effective Date: February 26, 2015 ommcan 937 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Datelntroduced: First Reading: Published REMARKS: Karen Eoff January 23, 2015 January 23, 2015 January 31, 2015 AYES NOES ABS EX Chung X Second Reading: February 4, 2015 To Mayor: February 12, 2015 Returned February 26, 2015 Effective: February 26, 2015 Published: March 7, 2015 REMARKS: 6 F. 4 ROLL CALL VOTE Bill No.: AYES NOES ABS EX Chung X David X Eoff X (lagan X Kanuha X Onishi X Paleka X Poindexter X Wille X X 9 0 0 0 ROLL CALL VOTE Bill No.: AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X 1 Paleka X Poindexter X Wille X 8 0 1 0 I DO HEREBY CERTIFYthat the foregoing BILL was adopted by the County Council published indicated above. � ravCO(& 7L C'HAIRPERSON e isapproved this 44� day ` t� of F '✓Y:4AY 20 15 TYCLERK 266 (2012-2019( C_ Ord No.: 15 19 Bill No.: MAYOR, C'OUNTYOFHAWAI'I Reference: _ 266 (2012-2019( C_ Ord No.: 15 19