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HomeMy WebLinkAboutBIL 687 Draft 02 1988-1992 �j COUNTY OF HAWj�q TATE OF HAWAII BILL NO- 687 (Draft 2) ORDINANCE NO. A BILL FOR AN ORDINANCE AMENDING AND ADDING SECTIONS TO CHAPTER 23 , ARTICLES 1, 2, 4 , 5 and 6, HAWAII COUNTY CODE 1987, AS AMENDED, RELATING TO SUBDIVISIONS. BE IT ENACTED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Purpose. Development of resorts in the County of Hawaii since the enactment of the Subdivision Control Code has shown a need for provisions in the Code which will allow resorts more flexibility in roadway and pedestrian access within the resort complex. The experience of developing major resort destination areas has allowed the County of Hawaii to identify those design elements of the Subdivision Control Code which should be retained and those design elements which could be varied to suit the unique needs of a particular resort, especially as it applies to private non-dedicable roads . The amendments are being proposed as a result of 25 years of experience in an effort to provide more certainty in road design and in processing subdivision applications relating thereto. SECTION 2 . Chapter 23 , Article 1, Section 23-3, Hawaii County Code 1987, add a new Section 23-3 (a) to be appropriately numbered to read as follows : "Resort subdivision" means land .which: (A) is within a resort area as designated intheCounty General Plan document or on the Land Use Pattern Allocation Guide (LUPAG) Map; (B) is zoned Resort-Hotel by the zoning code; or (C) is adjacent to land described in Section 23-3 (a) ( ) (A) or (B) of this chapter and whose only ingressoregress is through land described in Section 23-3(a) ( ) (A) or (B) SECTION 3 . Chapter 23, Article 2, Section 23-12, Hawaii County Code 1987, amend Section 23-12(a) as follows : Section 23-12 . Submission of application and plans; filing. (a) A person desiring to subdivide land or desiring to partition land by creation of a street within the County shall submit an application for subdivision and preliminary and final plans and documents for approval as provided in this chapter and State law. SECTION 4 . Chapter 23, Article 4 , Hawaii County Code, amend Title of Article 4 as follows : Article 4 . Application for Subdivision and Preliminary Plat . SECTION 5 . Chapter 23, Article 4, Division 1, amend Section 23-58 as follows : Section 23-58 . Application for subdivision, plat and plans submitted by subdivider . -2- (a) The subdivider shall [prepare] submit a written application for subdivision, a preliminary plat-,- [together with] improvement plans and other supplementary material to [indicate the general program] describe the nature and objectives of the [project] proposed subdivision, and shall submit eight copies, or more if requested by the director, of the preliminary plat and other supplementary material to the director [planning department ' s office] . (b) All pertinent information on the preliminary plat shall be drawn to scale. (c) Where the area to be subdivided contains only part of the tract owned or controlled by the subdivider, the director may require a sketch of a tentative layout for streets in the unsubdivided portion. JdJ Application for Resort Subdivision. The subdivider may file an application for resort subdivision. An application for resort subdivision may either be filed under this Section 23-58(d) or under any other Provision of this chapter . If an application for subdivision is filed under this Section 23-58(d) , it shall be clearly designated as such. Such application shall, in addition to all other information to be submitted with subdivision application, Preliminary plat and other supplementary material, include the following : L1J A statement acknowledging that all improvements will not be approved for dedication unless and -3- until such improvements satisfy all of the requirements for dedicable improvements M2 A description of the provisions made for Permanent maintenance of the private roadways within the Proposed resort subdivision �__)3 A description of how subsequent owners of the property will be notified of the private nature of the improvements and maintenance responsibilities SECTION 6 . Chapter 23, Article 5, Section 23-62 shall be amended to add a new Section 23-62(d) to read as follows : Sd� The subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative 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 either, the approval of the Preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the Chief Engineer for compliance with then current design criteria . This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements provided the three year period, and extension, if applicable, shall be taken from the effective date of this ordinance and not from the date of preliminary plat (tentative) approval -4- SECTION 7. Chapter 23, Article 5, Section 23-70 shall be amended to add Section 23-70(4) as follows : Section 23-70 . Supplemental information with final plat . The following data shall be submitted with the final plat : [ (1) 1 jal A complete 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 when required by the director; [ (2) ] JbI Five copies of any deed restrictions applicable to the subdivision; [and] ( [3) ] jcj Written proof that all taxes and assessments on the tract are paid to date[ . ] ; and For non-dedicable streets in a resort subdivision, 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 andthemaintenance rights and responsibilities therefore. The document shall contain statements as follows : that non-dedicable streets within the resort 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 -5- 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 . SECTION 8 . Chapter 23 , Article 5, Section 23-74 shall be amended by adding a new subsection 23-74 (d) as follows : Jdj Non-dedicable streets . In addition to all other requirements for approval of the final Plat herein, if the subdivision includes any non-ded.icable streets, the subdivider shall , Prior to final approval , deposit-a-.. duly recorded copy of the document described in Section 23-70(d) of this chapter with the director. SECTION 9 . Chapter 23 , Article 6, Division 2, add a new Section 23-95 . 1 to read as follows : Section 23-95 . 1 . Improvements for Resort Subdivision. Except as provided in this Section 23-95 . 1, improvements for resort subdivision shall be as Provided in this Article 6 , Division 2 , of Chapter 23 , Hawaii County Code. —Upon submission of a resort subdivision application the following standards shall apply. -6- (a) Non-dedicable resort street . A private street within the resort subdivision may be established upon approval by the director in consultation with the chief engineer. Such streets shall be restricted to use only for lots within resort subdivisions . Divided roadways may include medial separations and elevation separations . Grades and curves of resort subdivision streets shall conform to Section 23-50 or its successor statute. Pavement widths and minimum resort subdivision street rights-of-way shall be as specified in Section 23-41(a) or its successor statute . Resort subdivision streets shall also conform to Sections 23-43 , 23-44 , 23-45, 23-46 , 23-48 or their successor statutes . A Sidewalks for resort subdivisions shall be required for safety of Pedestrians . Inconsideringthe need for such sidewalks and the appropriate locationofsidewalks , the director shall consider the following factors in addition to any other relevant factors : (1) Pedestrian circulation within resort area; (2) interaction of vehicular traffic to Pedestrian traffic; (3) interaction of pedestrian traffic with uses in resort area and applicable adjacent area; and _(4) topography and slope of the areaif consistent with Pedestrian safety and with the factors listed above, said sidewalks may be constructed along roadways or at -7- other suitable locations to accommodate Pedestrian traffic whether or notthesidewalks are adiacent to resort subdivision streets . Lcj A private resort subdivision street meeting only the minimum requirements of this section shall not be dedicable. If a Private resort subdivision street is offered for dedication after final subdivision approval, said street must meet all of the requirements for a dedicable street under this chapter applicable as of the date that the street is offered for dedication. SECTION 10 . Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the bracketed material or the underscoring need not be included. SECTION 11 . This ordinance shall take effect upon its approval . Notwithstanding any other provisions of this ordinance, the provisions of this ordinance shall not affect any subdivision approvals in effect as of the effective date of this ordinance. INTRODUCED B COUNCIL MEM COUNTY HAWAII Hilo, Hawaii Date of Introduction: November 18 , 1992, Date of lst Reading: November 18 , 1992 Date of 2nd Reading : Effective Date: APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE• -8-