HomeMy WebLinkAboutBIL 276 Draft 02 1994-1996OFFICE INFORMATION ONLY
Meeting: Planning Committee—November 14, 1997 (1998-2000 term)
Action: Deferred (Draft 2); never taken up again.
A Draft 3 was submitted and referred to the committee on October 19, 1999, via
Comm. 493, but never placed on an agenda.
Re: Bill 276; Comm. 1195 (1994-1996 term); Comm. 227 (1996-1998 term);
Comm. 493 (1998-2000 term)
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 276
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 OF THE HAWAII COUNTY CODE, AS
AMENDED, RELATING TO SUBDIVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF 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 Chapter 23 of the Hawaii County Code is hereby repealed.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 23 which
shall read as follows:
CHAPTER 23
SUBDIVISIONS.
Article 1. General Provisions
Section 23-1-1. Title. The provisions of this chapter, inclusive of any amendments,
shall be 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 and vehicles, and to accommodate emergency
vehicles; and
(d) To ensure proper legal description and monumenting of subdivided land.
Section 23-1-3. Severability. If any portion of this chapter, or its application to any
person or circumstance, shall be held unconstitutional or invalid, the remainder of the chapter and
the application of such portion to other persons or circumstances shall not be affected.
Section 23-1-4. Adoption of Rules. The director, chief engineer, and/or other appropriate
agency may adopt rules, in accordance with HRS chapter 91, for the purpose of implementing the
provisions of this chapter. The rules shall include, without limitation, construction and design
standards and specifications for streets, sidewalks, curbs and gutters, drainage, and other
improvements required in this chapter. The 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, environmental factors, and aesthetic considerations.
Section 23-1-5. Definitions.
(a) Whenever used in this chapter, the following words and phrases, unless the context
otherwise requires, shall be defined as indicated:
(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 ADT) means the average weekday number of
vehicles per day that pass over a given point.
(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 of Hawaii, where legal documents of any kind entitled to recordation may be
filed.
the County.
(7) "Chief engineer" means the chief engineer of the department of public works of
(8) "Commission" means the planning commission of the County.
(9) "Consolidation" means the combining of two or more lots into one lot.
(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) "Cul-de-sac" means a dead end street with a turnaround.
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(12) "Dead end street" means a street with only one outlet, with or without a
vehicular turnaround, and includes a cul-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 for the County.
(16) "Easement" means a grant of the right to use a designated portion of land for
specific purposes.
(17) "Engineer" means a person duly registered as a licensed professional civil
engineer in the State.
(18) "Fire chief' means the fire chief of the fire department of the County.
(19) "Lot" means a parcel of land intended as a unit for transfer of ownership or for
development.
(20) "Lot, flag" means a building site consisting of an access drive and a body in
such a manner that the body would be landlocked from a public street or private way except for
connection by the access drive.
(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) "Lot, 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 streets.
County.
(23) "Manager" means the manager of the department of water supply of the
(24) "Pavement width" (or "traveled way") means the width of that portion of the
street, paved or otherwise available for vehicular traffic, 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.
(25) "Pedestrian way" means a public right-of-way through a block between lots for
pedestrian traffic, which may also be used as a utility easement.
(26) "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 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 for use as a
street or as a drainage or utility easement.
(30) "Roadway" means the portion of a street right-of-way developed for vehicular
traffic, including any shoulders.
health.
(31) "Sanitary engineer" means the sanitary engineer of the state department of
(32) "Sidewalk" means a surfaced walkway for pedestrian traffic.
(33) "Street" means a right-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.
(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 for access to abutting properties.
(35) "Street, commercial or industrial" means a street providing primary access to
lots within any commercial or industrial zoning district.
(36) "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.
(38) "Street, marginal access" or "service road" means a minor street, parallel and
adjacent to an arterial, providing access to abutting properties, but protected from through traffic.
(39) "Street, minor" means a street whose principal function is to provide access to
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abutting property but is also designed to carry traffic from adjoining local streets to 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 traffic.
(40) "Street, primary arterial" means a street intended 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.
(42) "Street, secondary arterial" means a street intended to collect and distribute
traffic in a manner similar to primary arterials, but to and from lesser traffic generators, and to
carry traffic from collector streets to primary arterials.
(43) "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 be 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 until such time that this street is extended from the tract
into adjacent lands that may be subdivided in the future.
(45) "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, of 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 be construed as subdivided land.
(46) "Subdivider" means a person or any combination of persons who cause land to
be divided into a subdivision.
(47) "Surveyor" means a person duly registered as a licensed professional land
surveyor in the State.
(48) "Tract" means the property which is the subject of the subdivision application.
Article 2. Administration and Enforcement.
Division 1. General Administration
Section 23-2-1. Review and acceptance of applications; computation of time.
(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 10 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 all required additional
information has been submitted.
(5) 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
an act is to be done shall mean calendar days computed by excluding 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 for design, dedication, and improvement of the land 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:
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(a) Filing Fee. Each application for a subdivision is subject to the payment of the
following fee: $100 plus $10 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 or 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 be filed as
follows: $100 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.
Division 2. Exceptions
Section 23-2-4. Public utility, public facility, or public rights-of-way subdivisions. The
requirements, including lot sizes, and standards 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 manager of the department of water
supply may require necessary improvements to further the public welfare and safety. A
subdivision application must be filed. If no improvements are required, the application may be
submitted for final subdivision approval.
Section 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
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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. Planned developments. The director may make exceptions to this chapter
for planned unit developments, cluster plan developments, 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.
Section 23-2-7. Consolidation or resubdivision. The consolidation of lots, whether or
not accompanied by resubdivision resulting in the creation of the same or fewer number of lots
than that which existed prior to the consolidation/resubdivision action, shall not be subject to the
requirements and standards of this chapter; provided, however, that for resubdivisions, the
director, upon conferring with the chief engineer and manager, may require improvements for
drainage, or 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.
Section 23-2-8. Subdivision not involving streets, drains, or utilities. If a subdivision
involves no streets, drains, or utilities, the subdivider may submit a final plat map and apply for
final subdivision approval.
Section 23-2-9. Pre-existing subdivisions. 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 supply may require necessary improvements to further the public health, welfare and
safety. A subdivision application must be filed. If no improvements are required, the application
may be submitted for final subdivision approval.
Section 23-2-10. Plantation community subdivision. 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 community 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 approval or disapproval of the plantation community subdivision and
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 request.
(3) The location of the subject property or 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
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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 size and configuration of the lots and setback requirements in a plantation
community subdivision are exempt from the provisions of this chapter and chapter 25 of the
Hawaii County Code.
(h) Agriculture district.
(1) For lands within the State land use agriculture district, lot sizes of less than one
acre may 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 201-210, 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.
Section 23-2-11. Farm 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
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purposes, provided that structures for residential occupancy or habitation shall be prohibited.
This article is intended to encourage landowners to provide affordable agricultural lands which
are leased at reduced infrastructural 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 five acres, prohibiting any structures for temporary, seasonal,
or permanent residential occupancy or habitation.
(c) Restrictions, Requirements and Standards for a Farm Subdivision. The planning
director may approve farm subdivisions under the 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 ordinance.
(2) Any structures for 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 lease term of no less than ten (10) years and a
maximum of thirty (30) years. The terms of the lease shall 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 of Natural Resources Conservation Service 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.
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(6) The leases within a farm subdivision shall be recorded by the bureau of
conveyances and a copy of the recorded document shall be filed with the planning director upon
its receipt from the bureau of conveyances. Each lease shall:
(A) Restrict uses to agriculture as defined 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;
(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) of this section and compliance with the provisions of such plan, including
maintenance of conservation improvements specified therein.
(7) Notwithstanding the provisions of Chapter 23, the following 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
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) Nullification. In the event that conditions 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.
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(d) Procedure. Except as provided in this section, the subdivision process for a farm
subdivision shall be complied with pursuant to this chapter.
Division 3. Appeals
Section 23-2-12. Persons who may appeal; procedure.
(a) Any person aggrieved by the decision of the director or the commission in the
administration or application of this chapter, except for decisions regarding variance
applications, may, within thirty days after the date of the director's or the commission's written
decision, appeal the decision to the board of appeals.
(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 of this chapter.
(c) An appeal should be in writing, in the form 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.
Section 23-2-13. Performance 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.
Section 23-2-14. Standard of review. 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.
Division 4. Variances
Section 23-2-15. 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.
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Section 23-2-16. 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 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 alternatives that would resolve the difficulty; and
(c) The variance will be consistent with the general 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.
Section 23-2-17. 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;
(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 all others with property interests in
property within three hundred feet of the perimeter boundary of the applicant's property; 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. Notice of action 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:
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(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, affidavits,
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
the director.
Section 23-2-19. Actions on variances. The director shall, within sixty days after
acceptance of a variance, deny the application or approve it subject to conditions.
(a) The conditions imposed by the director shall bear a reasonable relationship to the
variance granted. All actions shall contain a statement of the factual findings supporting the
decision.
(b) If the director fails to act within the prescribed period, the application shall be
considered as having been denied, and the director shall immediately inform the applicant of
such denial.
Section 23-2-20. Review of director's action by non -applicant.
(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. 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; 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 of the
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director's decision, and shall contain a statement of the grounds of the objection. The request
shall be accompanied by a non-refundable filing fee of $250.
(b) Procedure for review.
(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
prescribed in subsection (a) above. The commission shall consider the request at a regularly
scheduled meeting of the commission, at which time the applicant 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.
(1) If the commission determines that a public hearing is necessary, it shall promptly
schedule the public hearing at which time the applicant 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 91, Hawaii Revised Statutes, on any variance application.
(2) Within five working days after receiving notice of the date of the public hearing,
the interested party requesting the review shall service 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 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.
(d) Actions on Review.
(1) Within ninety days of its decision to hold a public hearing on the matter, or
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within a longer period as may be agreed to by the applicant, the commission shall deny the
application or approve it subject to the conditions, stating the factual findings supporting the
variance or the denial.
(2) If the commission fails to render a decision within the prescribed time, the
director's action shall be considered as having been affirmed.
Section 23-2-21. Appeal of director's action by applicant.
(a) Request for review.
(1) Timing. If the director denies a variance application, such decision is final
except that, within thirty days after the date of the written decision, the applicant may appeal
such action to the commission.
(2) Form and Filing. An appeal by an applicant to the commission shall 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
(4) Ten copies of a statement of the specific grounds for the appeal.
(b) Notice and Hearing.
(1) The commission shall provide notice by publication of the public hearing in
accordance with section 23-2-18 above.
(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. 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 variance appeal or within
such longer period as may be agreed to by the appellant, the commission shall affirm, modify, or
reverse the director's action.
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(2) All actions of the commission shall contain a statement of legal and factual basis
for its decision in accordance with the criteria contained in section section 23-2-16 of this article.
(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. 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.
Division 5. Prohibitions, Penalties, Enforcement
Section 23-2-23. No subdivision without final subdivision approval. All subdivisions
of land, as defined 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. No recordation without final 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 502-17 and 501-85.
Section 23-2-25. No issuance of building permit, utility installation 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 improvements
have been constructed, inspected and approved by the appropriate agencies.
(b) 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
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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.
Section 23-2-26. 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. 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) After a conviction for a first 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.
(d) Any authorized personnel may issue a summons or citation to an alleged violator 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 for a violation of this chapter
may take the name and address of the alleged violator and shall issue to the alleged violator a
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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 for 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 or citation shall be as adopted or prescribed by
the administrative judge of the district court and shall be printed on a form commensurate with
the form of other summonses or 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 23-2-28. Authorized personnel; right of entry; limited liability.
(a) Authorized Personnel. For the purpose of this chapter, "authorized personnel" shall 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 authorized personnel has reasonable cause to believe that there exists
upon the premises a condition which is contrary to or in violation of this chapter which makes
the premises unsafe, dangerous or hazardous, the authorized personnel may enter the premises at
reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such
premises be occupied that credentials be presented to the occupant and entry requested. If such
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 premises and request entry.
If entry is refused, the authorized personnel shall have recourse to the remedies provided by law
to secure entry.
(c) 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
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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 or other 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. 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. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to section 23-2-27 and section 23-2-29,
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, with a notice of violation and order pursuant to this section.
(b) The notice of violation shall include at least the following information:
(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:
(1) 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 in which the violation
persists, in the manner and at the time and place specified in the order.
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(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.
(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 of
this chapter. An appeal to the board of appeals 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
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 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. Remedies cumulative. The remedies provided in this chapter shall be
cumulative and not exclusive.
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Article 3. Application and Approval Procedure
Division 1. Preliminary Subdivision Approval
Section 23-3-1. Pre -application meeting. For the purpose of an informal plan review, the
subdivider may request a pre -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 shall clarify, as
appropriate, the submittal requirements, improvement requirements and standards, dedication
requirements, and other matters to assist the subdivider in obtaining preliminary subdivision
approval.
Section 23-3-2. Application involving both land court and regular system 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 rules adopted pursuant to this chapter.
Section 23-3-3. 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 supplementary
materials to the director.
(a) Application Form. The subdivider shall complete a written application containing at
least the following information:
(1) Identification of subdivider, owner, preparer of the plat, and authorization.
(A) Name, address, telephone number, and signature of the subdivider;
(B) If the subdivider is not the legal owner of the property, the name, address,
telephone number, and signature of the legal owner, the legal 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.
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(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 subdivision name has been chosen.
(3) Description.
(A) Location of property by tax map key;
(B) Area (in square feet or acres) of the land to be subdivided;
(C) Zoning;
(D) Number of lots.
(b) Plat. 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 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 on 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.
(3) General information. The preliminary plat shall include the following general
information:
(A) 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 and scale of drawing;
(C) Tax key number and other information to sufficiently describe and define
the location and boundaries of the proposed subdivision according to the real property tax office
records; and
(D) Names and addresses of the owner, subdivider, and engineer or surveyor
who prepared the plat.
(E) Acreage of proposed subdivision and number of lots.
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(4) Existing conditions. The preliminary plat shall include the following
information on existing conditions:
(A) Streets. Location, widths (right of way and pavement widths), and
names, of all existing or platted streets within or adjacent to the tract, together with easements,
other rights-of-way, and other important features, such as corners radii, property boundary lines,
and control of access lines adjacent to State highways;
(B) Topography. 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 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 water courses, and special
flood hazard areas and base flood elevations (where available) pursuant to the requirements of
section 27-20 of the County Code;
(D) Existing uses. Existing uses of property, including but not limited to,
location of all existing structures, driveways, wells, cisterns, private sewage disposal systems,
and utilities; and
(E) Zoning. Zoning on and adjacent to the tract.
(5) Proposed layout and improvements:
(A) Lots. Lots, showing approximate dimensions, lot size and proposed lot
and block numbers; and
(B) 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;
purpose;
(C) Easements. Existing and proposed easements, showing width and
(D) Proposed uses. Sites, if any, allocated for purposes other than
single-family dwellings.
(E) Utilities. The approximate location within the subdivision and in the
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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 and 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 following
explanatory information (if it cannot be shown practicably on the preliminary plat, it shall be
submitted in separate statements accompanying the preliminary plat):
(1) Vicinity map. A 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.
director;
(3) Deed restrictions. Proposed deed restrictions in outline form if required by the
(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) 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 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.
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Section 23-3-4. Review.
(a) The director shall furnish one copy of the preliminary plat and supplemental materials
within five days after the acceptance date of a complete submittal to the manager, chief engineer,
fire chief, and sanitary engineer, and when a subdivision is adjacent to a State highway or
proposed State highway, to the district engineer.
(b) The above listed officers shall transmit any comments to the director within 30 days of
receipt of the preliminary plat and supplemental information.
Section 23-3-5. Action. Within forty-five days after the acceptance date of a complete
submittal, the director shall review the plat and act as follows:
(a) Preliminary subdivision approval. The director shall approve the preliminary plat as
submitted or as modified provided there is full compliance with all requirements of this chapter.
Approval of the preliminary plat shall indicate the director's directive to prepare detailed
drawings on the plat submitted, provided there is no change in the plan of subdivision as shown
on the preliminary plat and there is full compliance with all requirements of this chapter. The
action of the director with reference to any attached documents describing any conditions shall
be noted on two 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 including
corrections noted on map or approval letter."
"Recordation with the Bureau of Conveyances,
State of Hawaii, not authorized until approved
for record at a later date."
(b) Disapproval. The director shall disapprove the preliminary plat if the map does not
conform to all or portions of 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 30 days. A request for an
extension of the deferral may be made by the subdivider in writing to the director stating the
27
reasons therefor, prior to the expiration of the 30 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 30 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 file a new application and
submit a new preliminary map 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 period,
then the provisions of subsection 23-3-5(d) 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 date of a complete submittal, 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. Effective period of preliminary subdivision approval. The subdivider
shall complete all requirements specified as conditions for preliminary subdivision approval
within three years of said approval. An extension of not more than two years may be granted by
the director upon timely written request of the subdivider. At the end of said three year period or
its approved extension, unless all said conditions are completed, the preliminary subdivision
approval shall expire and shall be of no further force or effect, or shall be subject to the technical
review of the applicable agencies for compliance with current code and rule requirements. This
subsection shall be applied to all subdivision applications which have received 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 of this ordinance
and not from the date of preliminary subdivision approval.
Section 23-3-7. Phased Development. 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. Construction plans and final plat
submittal requirements shall apply to each phase separately. The subdivision improvement
agreement and security may be approved in such amount as is commensurate with the phase
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under review, with the remaining amount deferred until the remaining phases of the plat are
offered for filing. For 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
Section 23-3-5. 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 engineer, district engineer (when the subdivision is adjacent to a
state highway or a proposed state 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 shall 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 installed in the proposed subdivision. The construction plans shall be drawn in
accordance with the standards and requirements set forth in rules adopted pursuant to this
chapter. Included with the construction plans shall be a layout map showing the location of lots
and streets. Plans shall be prepared by an engineer.
Section 23-3-9. Review. 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 60 days of the
submission date (as dated on the copy of the transmittal submitted to the director pursuant to
section 23-3-8). 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
29
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. Action. The agencies required to approve the plans shall sign 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.
If no action is taken within the prescribed time limits, the construction plans shall be deemed
approved as submitted and it shall be the duty of the responsible official to affix their approval
thereon. Such construction plans and specifications shall be 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. Approval of the construction plans shall not relieve the subdivider nor the engineer of
the responsibility for any and all defects that may become evident subsequent to the plan's
approval. When all agencies required to approve the plans have signed the tracings, 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, then the construction plans shall be resubmitted for review and
approval by all required agencies. The construction plan approval date shall be the date of the
director's notification letter to the subdivider.
Section 23-3-11. 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. Final Subdivision Approval
Section 23-3-12. 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.
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Section 23-3-13. Time limitation. The subdivider shall file the final plat, together all
additional required information, within eighteen months following the date of preliminary
subdivision approval by the director. If the subdivider has not filed for 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 23-3-14. Construction of improvements - inspection and certification.
(a) Inspection fee.
(1) Prior to the beginning of construction of the required improvements, the
applicant shall be required to pay a fee of one-half percent of the estimated cost of the
construction work to be done in the subdivision, based on a contract amount or performance
bond, or other documentation provided by the subdivider or subdivider's contractor, 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 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 be 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 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 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.
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(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
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 (if construction
involves a water supply system).
Section 23-3-15. Agreement to complete construction. A subdivider may secure final
approval prior to completion of construction by entering into an agreement with the County,
signed by the director and the department of public works and, when appropriate, department of
water supply and file with the director and when required department of water supply 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 specifications. 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 days of the date the documents are submitted by the subdivider to the
director.
(a) Agreement to provide improvements and utilities. The agreement shall specify that the
subdivider shall make, install, and complete all required improvements and utilities to the
satisfaction of the chief engineer and when appropriate, the department of water supply, and shall
also provide that the department of public works and when appropriate, the department of water
32
supply 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) Bond or other acceptable guarantee.
(1) The agreement shall be secured by a 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 bond 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 realization in whole or part for the completion of work, or correction of any
defective or improper work called for in the original plan.
Section 23-3-16. Submittal requirements. 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.
(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.
(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.
33
information:
(3) General information. The final plat must include the following general
(A) Date, northpoint and scale of drawing;
(B) Name of the subdivision, if applicable;
(C) Names and addresses of the owner, subdivider, and engineer, or surveyor
who prepared the plat;
(4) Boundaries, dimensions, reference points. The plat shall be based on an accurate
survey, coordinated to County street monuments and government survey triangulation stations,
and permanently monumented including reference points of existing surveys identified, related to
the plat by distances and azimuths, and reference to a field book or map as follows:
(A) All stakes, monuments or other evidence found on the ground and used to
determine the boundaries of the subdivision;
(B) Adjoining corners of all adjoining subdivisions;
(C) 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;
(E) 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) Lots and right-of-way lines. Tract boundary lines; right-of-way lines and
centerlines of streets; lot and block lines with dimensions, azimuths or deflection angles and
radii, arcs, points of curvature and tangent bearings;
(G) Identification and area. Lot, block, and easement identification with
areas in accordance with good engineering and surveying practices;
(H) Easements. All easements, which shall be denoted by fine broken lines,
clearly 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 locate the easement with
respect to the subdivision shall be shown. If the easement is being dedicated as shown on the
map, it shall be properly referenced in the owner's certificates of dedication;
34
(I) Streets. The width of the portion of streets being dedicated, the width of
any existing right-of-way and the widths each side of the centerline. For streets and curvature,
all curve data shall be based on the street centerline and, in addition to centerline dimensions,
shall indicate thereon the central angle. Future streets and road widening lines. Control of
access lines adjacent to arterial highways;
(J) Minimum building setback lines, where not otherwise fixed by a building
code or County ordinance.
(5) Base flood elevations for subdivisions located in special flood hazard areas (if
available), as required in chapter 27 of the County Code.
(b) Supplemental information.
Section 23-3-17. Review.
(a) Within five days after the acceptance date of a complete submittal of the final plat and
other data, the director shall submit copies of the final plat and other data to the chief engineer,
manager, sanitary engineer, and district engineer for review with the director.
(b) The above listed officers shall transmit any comments to the director within 30 days of
receipt of the information.
Section 23-3-18. Action. Within forty-five days after the acceptance date of a complete
submittal for final subdivision approval, the director shall review the submittals and take action
as follows:
(a) Final Approval. Final subdivision approval means that the subdivision has met all
requirements of this chapter, conforms with the approved preliminary map and construction
plans, has fulfilled all conditions of preliminary plat 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. Upon final approval, the director shall stamp three copies of
the final plat:
"SUBDIVISION NUMBER
APPROVED FOR
RECORDATION WITH THE BUREAU OF
CONVEYANCES, STATE OF HAWAII".
35
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 tax office, 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 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). The respective departments shall approve the performance and
thereupon 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. Recordation, Changes, and Approvals after Final Subdivision Approval
Section 23-3-20. Recordation of final plat. After the director grants final subdivision
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 be 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
36
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 23-3-23. Dedication procedures.
(a) Offer of Dedication. At the time of filing a preliminary plat map, the subdivider shall
designate on 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 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:
(1) Dedication deeds, grants of easements, and bills of sale. The subdivider shall
submit one 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 from Conveyance Tax Certificate(s);
(3) Title report or other evidence of lien -free conveyance of the improvements or
land. The director may require the subdivider to furnish a title insurance 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;
engineer;
(4) Map showing the areas offered for dedication in a format designated by the chief
(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) 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 .
(7) Applicable department of health permits if drywells are located within the
dedicated area;
(8) Surveyor's certification attesting that all required monuments have been placed
in the ground and accurately located.
37
(9) Recordation fees for recording the appropriate documents in the bureau of
conveyances or land court, as applicable.
(b) Acceptance of dedication. The director shall review the submittal for completeness and
forward for review a set of the complete submittal to the corporation counsel, chief engineer, and
manager, if applicable. When the documents are in order, the director shall submit the submittal
to the council and water commission, if applicable. 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 of 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. General requirements
Section 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 General Plan, other 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 law, County
department of public works, State department of health, State department of transportation, and
County department of water supply.
Section 23-4-2. 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.
Section 23-4-3. Monuments. Monuments approved by the chief engineer shall be placed
and properly coordinated with the State survey 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.
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.
38
Section 23-4-4. Right-of-way improvement. The subdivider shall be required 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 23-4-16. Improvements may also be required for any offsite access rights of
way pursuant to section 23-4-17.
Division 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 sizes.
(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 be 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 be less than four hundred feet in length.
(c) The desired length for normal residential blocks is from eight hundred to one thousand
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. In any block over seven hundred fifty feet in
length, the director may require easements 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 lot 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
39
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. Lots
Section 23-4-9. Lot size, shape, and setback line. 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, 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 23-4-10. Minimum lot sizes.
(a) The minimum sizes of various types 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.
(b) Where property will not be served by a public sewer, lot sizes for sewage disposal
systems shall conform to the requirements of the State health department and shall take into
consideration problems of water supply and sewage disposal.
Section 23-4-11. 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 they shall be radial to the curve,
unless a variation from this rule will give a better street or lot plan.
Section 23-4-12. Access to lots; Through lots.
(a) Access to lot from street. Each subdivided lot shall abut upon a public street or
approved private street. No lot shall be platted without access on a street. The chief engineer
may indicate the side or sides of 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
M
satisfying yard or area requirements of the zoning code whether the land is to be dedicated to the
County in fee simple or an easement is granted.
(b) Access to and buffer from arterial streets. Where a subdivision abuts or contains an
existing or proposed arterial street, no direct driveway access may be provided from the lots
within this subdivision onto this 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.e., a reserve strip) along the rear property line,
or such other treatment as may be necessary for adequate protection of residential properties and
to afford separation of through and local traffic.
(c) 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 highways. Deed restrictions or covenants
shall disclose and bind the landowner to the restricted right of vehicular access.
Section 23-4-13. Flag lots. Flag lots, which consist of an access drive and the main body
of the lot, shall comply with the requirements of chapter 25, zoning code, and the following
standards:
(a) The access drive shall have a minimum width of 12', a maximum length of 600', and a
maximum grade of 15%;
(b) The access drive shall be the sole access for only one lot. 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.
41
Division 4. Streets and Pedestrian Ways.
Section 23-4-14. Street classification.
(a) All streets shall be classified as either primary arterial, secondary arterial, collector,
commercial or industrial street, minor street, or local street. In classifying streets, the director
(with input from the chief engineer) shall consider the following criteria:
(1) The classification shall be 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 be 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 for 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 be based upon the
street in its entirety, both within and outside of the subdivision.
42
(b) The classification of streets shall be as follows:
43
EQUIVA-
DESIGN
LENT
SPEED
CLASSIFICATION
FUNCTIONAL DEFINITION
ADT
DU'S
m h
Arterial, Primary
A street to and from major traffic generators, and
3,000+
not
25-60
between or through large areas or communities.
applicable
depending
on terrain
Arterial, Secondary
A street intended to collect and distribute traffic in
same as
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
A street providing primary access to commercial or
250-
not
25
Industrial Street
industrial lots.
1000
applicable
Minor Street
A street whose principal function is to provide
250-
26-100
25
access to abutting properties but is also designed to
1000
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 abutting
<250
25
20
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 abutting 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 not impeded by direct
driveway access from a large number of abutting
properties.
Cul-de-sac (or Dead
A local street that terminates in a vehicular
I
End Street)
turnaround.
43
Section 23-4-15. Street layout in conformance with general plan, zoning, and
topography.
(a) The location, width, and grade of a street shall conform to the County General 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 for 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 or other conditions make
continuance or conformance to existing streets impractical.
(c) 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 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 or zoning maps.
Section 23-4-16. Widening of existing streets within or adjacent to subdivision. When
an existing street adjacent to or within a tract is not of the width required by this chapter
additional rights-of-way shall be provided at the time of subdivision.
Section 23-4-17. Improvement 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.
Section 23-4-18. Requirements for dedicable streets. A street meeting the minimum
requirements of section 23-4-19 (future street extensions), section 23-4-20 (cul de sac), section
23-4-22 (right of way, sidewalks, curbs), section 23-4-23 (pavement design), section 23-4-24
(grades and curves), section 23-4-25 (intersections), section 23-4-29 (street lights) section
23-4-30 (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 23-3-14 shall be dedicable.
Section 23-4-19. Future street extension; stubout; reserve strips; street plugs.
(a) Stubout. Where necessary to give access to or permit a satisfactory future subdivision
of adjoining land, a street shall be extended to the boundary of the subdivision resulting in a
temporary dead-end street. The chief engineer 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 feet may be created unless no
other practicable alternative is available.
(b) Reserve strips. Subject to section 23-4-12 relating to access restrictions to arterial
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 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 shall consider all of 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.
45
Section 23-4-20. Cul de sacs. All permanent dead-end streets shall be developed as 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 shall be as short as possible and shall not be more than six hundred feet in length nor
serve more than eighteen lots; provided that longer streets may be approved by the director when
unusual conditions exist.
(b) Turnaround. All cul-de-sacs shall terminate with a circular turn -around of forty feet
right-of-way radius, except that a T -turn -around or other suitable turn -around may be permitted,
if in the opinion of the director, this type of turn -around meets the requirements of the situation.
Section 23-4-21. Half 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.
(d) The chief engineer 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. Right of way width, pavement width, sidewalk and curb
requirements.
(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;
(2) to provide a safe and convenient passageway for pedestrian traffic; and
EN
(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 minimums shown in Table 1.
(b) Curb, Gutter, Sidewalk.
(1) Where required. Sidewalks provide a circulation network for pedestrians, a
meeting place for neighbors, and a play area for children. 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 all classifications of streets located in areas
zoned for single family residential with minimum lot sizes 10,000 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. Only standard drop curb may be used, except that roll -type curb may be
permitted along streets within residential subdivisions in accordance with the rules.
(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.
(4) 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 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;
47
(6) Exceptions. In any zoning district, 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 contribution to such improvements.
STREET
CLASSIFICATION
MINIMUM
RIGHTOF WAY
MINIMUM
PAVEMENT WIDTH
CURBS &
SIDEWALKS
APPLICABLE ZONING
DISTRICT
Arterial, Primary
120 feet
28 feet
required
required at discretion
of chief engineer or
24 feet
not required
district engineer
Arterial, Secondary
80 feet
64 feet
required
required at discretion
of chief engineer or
24 feet
not required
district engineer
Collector
60 feet
46 feet
required
RS -10 or smaller RS
lot size, RD, 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, IA
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 smaller RS
lot size, RD, RM, RCX,
CG, CB, CN, MCX, V
20 feet
not required
RS -15 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
M
(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.
Section 23-4-23. Pavement design. 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 soil analysis and recommendations from the subdivider by an engineer experienced in
soil mechanics and/or pavement design.
Section 23-4-24. Grades and curves.
(a) Street grades. The street profile 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 be less than one-half of one (0.5) percent and shall not exceed seven (7)
percent on primary arterials, eight (8) percent on secondary arterials, ten (10) 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.
(b) 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.
(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 following:
Primary arterial 8%
Secondary arterial 10%
Collectorl6%
Local and Minorl8% (5% maximum on cul-de-sac turnarounds)
X
Section 23-4-25. Intersections.
(a) Alignment at Intersections.
(1) As far as 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. The staggering of streets making "T" intersections shall be
designed and adjusted with curves and diagonals, so that where a centerline offset (jog) occurs at
an intersection, the distance between centerlines of the intersecting streets shall be no less than
150 feet. If it is not possible to align a street of a new subdivision with an existing street of an
adjacent track, short jogs 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. The corner radius at intersections shall accommodate the
expected amount and type of traffic, allow for safe turning speeds, and allow reasonable
pedestrian crossing time.
(A) Intersections which are at right angles shall have a minimum corner
radius along the edge of pavement as set forth below, with the street having the highest radius
requirement determining the minimum standard for all corners of the intersection:
Arterial 30'
Collector 25'
Commercial/Industrial 25'
Minor 20'
Local 20'
(B) Intersections which are not at right angles shall have a minimum corner
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
50
topographical conditions exist that will impair sight distances and create a traffic hazard, the
chief engineer may specify a larger corner radius.
(c) Intersection sight distances and grade.
(1) Intersection sight distance. Embankments, buildings, fences, landscaping, crops,
parking, tree overhangs, signs, or other obstructions shall not be designed to interfere with the
sight distance anywhere within the sight triangle specified in the rules adopted pursuant to this
chapter. Any vegetation or obstruction within the sight triangle shall be less than 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 to enter the intersection, the grades at intersections shall
conform with the standards specified in the rules adopted pursuant to this chapter.
Section 23-4-26. Private streets.
(a) When permitted. Private streets that do not meet the public street standards may be
established within a subdivision. The preliminary plat must clearly identify the streets intending
to be private. A street meeting only the minimum requirements of this section cannot be
dedicated to the County. The Department of Water Supply 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 maintenance is
inadequate to provide necessary services for the subdivision, and upon 30 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:
(1) Right of way 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
51
agricultural lots zoned for less than three acres. All 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 be approved by the director when
unusual conditions exist. The following shall be the minimum pavement width and right-of-way:
Number of Lots
Pavement Width
Right -of -Way
1 lot or dwelling unit
8 feet
12 feet
2 lots or dwelling units
12 feet
16 feet
3 lots or dwelling units
14 feet
18 feet
4 to 6 lots or dwelling units
16 feet
20 feet
7 to 10 lots or dwelling units
18 feet
24 feet
(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.
(D) Private entrances. All entrances to subdivisions with private roads shall
have unrestricted access 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 on one pass.
52
(2) Street Surfacing.
(A) Agricultural district. A street serving areas zoned agricultural for lots of
three acres and over shall have a six-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 specified
in the rules adopted pursuant to this chapter, subject to the condition that a portion of a roadway
where the grade is eight percent or greater shall be built 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 an all-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.
(3) Sidewalk, curb, and gutter. Sidewalks shall 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
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 the streets.
(4) Street lights. Street lights shall not be required unless determined by the chief
engineer or director to be necessary for public safety.
53
(5) Other. Divided roadways may include medial separations and elevations
separations.
(c) Recorded Notice of Private Street. The subdivider shall submit a recordable document
with the director which shall describe all non-dedicable 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 streets within the
subdivision have not been built to the standards required for streets which are dedicable to the
County of Hawaii; that such streets will accordingly not be accepted for dedication unless they
are brought into compliance with the requirements for dedication as of the time they are offered
for dedication; and that the County of Hawaii is not responsible for maintenance of such
non-dedicable streets. The document shall be in a form acceptable to the chief engineer and
corporation counsel. 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 be recorded with the State of Hawaii, bureau of conveyances. The subdivider shall, prior to
final approval, deposit a duly recorded copy of this document with the director.
Section 23-4-27. 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
right-of-way or an easement abutting the right-of-way, provided that a Street Tree Planting Plan
submitted with the construction plans indicating the quantities, locations, types, size, and
planting specifications shall be reviewed and approved by the director, 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.
Section 23-4-28. Pedestrian and bike ways.
(a) Pedestrian Ways. Pedestrian ways are alternative walkway systems located away from
street rights of 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:
(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
54
facilities and that such access is not conveniently provided by sidewalks adjacent to the streets;
or
(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, bicycle/walk paths, and
bicycle paths. Where there is no community bikeway system, the subdivider has the option to
include bikeways in the new development. Where a planned bikeway system exists, new
bikeways shall tie into that system. Where provided as part of dedicated 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.
Section 23-4-29. Street lights.
(a) Street lights shall be constructed along streets dedicated to the County in accordance
with the following:
(1) Subdivisions within the residential (RS, RD, RM, RCX), resort (V), commercial
(CN, CG, CV), and industrial (ML, MG) districts; or
(2) In other zoning districts or private roads where 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.
Section 23-4-30. Street names and traffic signs. 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
55
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.
Division 5. Utilities.
Section 23-4-31. Utilities location within streets and State highways.
(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 be
located in the paved area between curbs.
(b) 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
maintained between the edge of 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. Under
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.
Section 23-4-32. Easements for utilities; size; conveyance.
(a) Easements or rights-of-way for sewers, storm drains and government owned water
facilities shall be at least fifteen feet in width and centered on rear or side lot lines except for
56
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 for the purpose of the use of the area. Easements for maintenance
access roads, where necessary, shall be at least fifteen feet wide.
(b) Easements or rights-of-way for all government owned utilities including storm drains
and maintenance access roads, except those under the jurisdiction of the department of water
supply, shall be 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.
Division 6. Water
Section 23-4-33. 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 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 of
water supply, adopted in conformity with article VIII of the Charter.
Section 23-4-34. Public water system not adequate or not available.
(a) Where the subdivision is not within the service area of the public water system with
adequate capacity, subdivider shall provide a private water system that meets the requirements of
the State department of health, as applicable, for any subdivision with 1 I or more lots. For
subdivisions with less than 1 I 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 rainfall; provided,
however, that if the director reasonably believes 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
57
communal fire reserve water tank with a capacity determined by the director with input from 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 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, the lot owner shall provide a catchment
system to meet the minimum needs of the household for a 3 -month supply, and shall provide
sufficient capacity for fire fighting purposes if there is no communal fire reserve water tank.
Division 7. Wastewater
Section 23-4-35. Sewer system available. Sewer lines shall be installed where the
subdivision is within five hundred lineal feet of an existing sewer system. When required by the
Department of Health, 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.
Section 23-4-36. No sewer system available. In subdivisions where sewer connections
cannot be made to an existing sewer system under the requirements of this chapter, the
subdivider shall meet the minimum requirements of the State health department relating to
sewage disposal.
Division 8. Drainage
Section 23-4-37. General.
(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.
M.
(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 be 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 points along the tract boundary
shall not be greater than the predevelopment value.
(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 23-4-38. Accommodation 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. Special flood 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 of the special flood hazard area
boundaries, base flood elevations (if available), and ground elevations on the subdivision plat
maps, and construction restrictions and standards for any improvements within the special flood
hazard areas.
Section 23-4-40. Drainage improvements and easements.
(a) Drainage improvements. Grading shall be done and drainage structures shall be
provided by the subdivider as are deemed essential by the 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,
59
drainage way, channel, or stream, there shall be provided a drainage easement or drainage
right-of-way conforming substantially with the lines of such water course, and of such further
width as will be adequate for the purpose. The easements shall include maintenance access
roads, fences, or other suitable maintenance and safety facilities as required by the chief engineer
in accordance with standards specified in rules adopted pursuant to this chapter.
Division 9. Other Public Areas
Section 23-4-41. Dedication for parks, playgrounds, and public access. Subdivider
shall comply with the applicable requirements of chapter 8 (relating to park dedication) and
chapter _ (relating to public access to shoreline and mountain areas) of the County Code and
other related ordinances pertaining to park or public access dedication.
Section 23-4-42. Reservation for parks, playgrounds, and public building sites. The
subdivider of a parcel 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. Five percent to ten percent of the land area, exclusive of
streets, shall be reserved for 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 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. This ordinance shall not be construed as abating any action now pending
under, or by virtue of, prior existing subdivision controls, or as 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 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.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY: q
-0 &C
-"N M MBER, COUNTY OF HA All
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
rrkF:NC:l 227.01
APPROVED AS TO FORM AND LEGALITY:
Corporation Counsel
DATED:
61
6ObBY JEAN LEITHEAD-TODD
Councilruernber
April 2, 1997
TO
FROM
A��rt�os .w
COUNTY COUNCIL
County of Hawaii
Hawaii County Buildiu,�
25 Aupuni Street
Hilo, Hawaii 96720
James Y. Arakaki, Chair
and Members of the Hawaii County Council
Bobby Jean Leithead-Todd, Chair
Committee on Planning
Re: Proposed Bill No. 276, Draft 2
Subdivision Code
Phone: (SOS) 961-8261
FAX: (808) 969-3291
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The attached bill is proposed Bill No. 276, Draft 2. The bill reflects a clean copy of the Master
Draft dated 3/6/97 which was circulated at the March 6, 1997 workshop. Other minor changes
are the format and numbering.
61,11 a-74.1 Ar'�Fr .Z
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ff-- f, pat,, APR 0 3 1997