(a) 
Appearance.
(1) 
Subdivisions shall be planned, designed and constructed to preserve the natural environment and scenic beauty of the County.
(2) 
Specific consideration shall be given to preservation of natural topography such as drainage swales, rock outcroppings, slopes, areas of natural beauty particularly areas of scenic or environmental importance or value and areas of historic or scientific interest; to preservation of existing flora and fauna; to retention of major land forms, and to preservation of important vistas.
(3) 
Subdivisions shall be planned, designed and constructed to provide optimum open space to create man-made environment for use or occupance compatible and harmonious with the natural environment.
(Ord. No. 175, July 3, 1973; Sec. 9-2.1, R.C.O. 1976)
(a) 
Site.
(1) 
Subdivisions shall be planned, designed and constructed to require the minimum feasible amounts of land coverage, and the minimum feasible disturbance of soil and site by grading, excavation and other land alteration.
(2) 
Subdivisions shall be planned, designed and constructed to avoid probabilities of: erosion; pollution, contamination or siltation of rivers, streams or ocean waters; damage to vegetation; and injury to wildlife and fish habitats.
(3) 
All land alteration, including grading, filling, and excavating done in connection with any subdivision shall be in accordance with the requirements of the Sediment and Erosion Control Ordinance and the constraint districts of the Comprehensive Zoning Ordinance, and standards and regulations established by the Department of Public Works.
(4) 
Preliminary subdivision map approval, final subdivision map approval, and extensions of time to obtain final subdivision map approval shall not be granted when the applicant has outstanding violations of the Sediment and Erosion Control Ordinance adopted on October 8, 2003, and as amended.
(5) 
If preliminary subdivision map approval was obtained by the applicant before the grading violation arose, the preliminary approval shall be automatically suspended.
(6) 
Upon notification from the Department of Public Works that a grading violation has occurred on a parcel that is before the Planning Commission for preliminary subdivision map approval, final subdivision map approval, or extension of time in which to obtain final subdivision approval, the processing of the subdivision application shall be suspended until the grading violation is resolved. At such time, the applicant and reviewing agencies will be notified that the subdivision application has been suspended and that no further action shall be taken until the subdivider resolves the grading violation with the Department of Public Works.
(7) 
Upon resolution of the grading violation, the subdivision application will continue on the same time line as it was on prior to the grading violation.
(b) 
Lots.
(1) 
The dimensions, shape and orientation of all lots shall be consistent with the requirements of the Comprehensive Zoning Ordinance and shall be determined with maximum regard to all natural terrain features, provision of open space, topography, landscaping, road access, off-street parking, circulation, design objectives, recreational potential, plotage advantages, and other relevant features including orientation to prevailing winds, relation of masses of structures to be erected, spaces between future buildings, light and air, setback variations, shadow patterns, and design elements intended to create identity and interest in the development.
(2) 
All building sites should relate useable and open areas suitable to the character and type of buildings contemplated, and to the various requirements of land use with maximum regard to minimum disturbance of the natural grade.
(3) 
The creation of building sites through mass pad grading and successive padding or terracing of building sites is prohibited in the slope district as defined in the Comprehensive Zoning Ordinance and may not be permitted in other areas where a reasonable alternative exists.
(4) 
Buildings, structures, and other improvements or land alterations shall not be located within any flood district or drainage district as established in the Comprehensive Zoning Ordinance, except as provided in the regulations regarding those districts.
(Ord. No. 175, July 3, 1973; Sec. 9-2.2, R.C.O. 1976; Ord. No. 815, April 6, 2004)
(a) 
General Standards for Streets. The location and alignment of streets within the subdivision shall conform to the County General Plan and development plans proposed by the Planning Commission and adopted by the Council.
(1) 
All streets shall be designed so as to:
(A) 
Preserve natural features and topography and protect the natural environment;
(B) 
Protect public health and safety;
(C) 
Require adequate rights-of-way to serve the type and intensity of proposed land used within the subdivision, future traffic demand calculated according to vehicle type and anticipated volume, adequate access for public service vehicles, and adequate parking;
(D) 
Minimize land coverage and disturbance to the soil;
(E) 
Provide for the separation of motor vehicle and pedestrian traffic, where feasible;
(F) 
Create conditions of proper drainage;
(G) 
Provide for proper landscaping; and
(H) 
Accommodate multi-modal circulation networks and travel by bicyclists, public transportation vehicles and their passengers, and pedestrians of all ages and abilities, taking into account local context and sensitivity to community character.
(2) 
The street pattern in a subdivision shall make provision for the adjacent area, whether these streets are existing or proposed. Streets that are continuous shall bear the same name throughout their length.
(3) 
Where the preliminary subdivision map covers only a part of the subdivider's tract, a sketch of the future street system of the unsubdivided part shall be submitted.
(4) 
Where a tract is subdivided into parcels large enough for future resubdivision, the applicant shall show an arrangement of lots and streets that will permit later resubdivision in conformity with the street requirements of this Chapter.
(5) 
Cross type street intersections, intersections located on the inside of curves and intersections near crest vertical curves shall be avoided wherever possible.
(b) 
Reserve Strip and Access.
(1) 
There shall be no reserve strips controlling access to streets either existing or proposed, except where the control of strips is placed in the jurisdiction of the County. The subdividing of the land shall be such as to provide each lot, by means of either a public or private street of approved width, with satisfactory access to an existing public street.
(2) 
Whenever avoidable, no access to individual lots or parcels in a new residential subdivision shall be permitted from a major thoroughfare or a major street.
(3) 
Driveway access from collector streets within a residential subdivision may be limited as deemed necessary by the Planning Director.
(4) 
Driveway access from minor and dead-end streets shall be unlimited when consistent with other requirements of this Chapter and the Comprehensive Zoning Ordinance.
(5) 
The number of street intersections shall be kept to a minimum on major thoroughfares and streets and collector streets, consistent with the desirable block lengths or design factors.
(c) 
Street Rights-of-way.
(1) 
The minimum street rights-of-way shall conform to the following requirements:
CLASSIFICATION
RIGHT-OF-WAY
Major Thoroughfare
Undivided 80′
Divided 88′
Major Street
60′
Collector Street
56′
Minor Street
44′
Dead-End Street
40′
(2) 
Dead-end streets exceeding 600 feet in length shall be increased in width as required by the Planning Commission.
(3) 
A dead-end (cul-de-sac) street shall not be considered as a cul-de-sac when the end of the street is terminated at the property line adjacent to another property owner who may subdivide the adjacent property. In that case, this street shall be classified as a minor street, except when a proposed future subdivision will provide a connection between two major streets, then the street shall be classified as a collector street. The street may also be classified as a collector street when a proposed future subdivision will provide a connection between two collector streets.
(4) 
The minimum street right-of-way for agricultural subdivisions shall be 44 feet in width provided, that when the street length exceeds 2,000 feet, the minimum right-of-way shall be 56 feet in width.
(5) 
The minimum street right-of-way for dead-end streets serving six lots or less, excluding those lots also bounded by a public street, and not exceeding 400 feet in length, may be 30 feet in width. This subsection shall apply only to subdivisions of lots of record existing prior to or on July 3, 1973.
(d) 
Private Streets. All private streets shall conform to the requirements of the public streets.
(e) 
Improvements.
(1) 
All public and private streets, common driveways and parking areas shall be provided with allweather surfaces.
(2) 
Pavement widths for the various classifications of streets shall conform to the standards established by the Department of Public Works.
(3) 
Curbs, gutters and sidewalks shall be provided on both sides of all proposed or existing streets within or abutting the subdivision in Commercial, Industrial and Resort Districts; in Residential Districts where the density permitted is four units or more per acre; and in any other Zoning Districts within the State Land Use-Urban District that are located within 1/2 mile from any elementary, intermediate, high school, or college. For existing streets abutting subdivisions, sidewalks shall be required on the side of the street fronting the subdivision for the length of the subdivision frontage.
(A) 
In Residential Districts, swales may be constructed in lieu of curbs and/or gutters in accordance with the drainage standards and design guidelines established by the Department of Public Works.
(B) 
In Residential Districts, the requirement of sidewalks may be waived if the Planning Commission determines that sidewalks are infeasible or unnecessary, taking into account local context and sensitivity to community character, and an alternate method of pedestrian circulation exists or will be provided by the applicant.
(C) 
If the requirement of sidewalks is waived, the subdivider shall be required to pay a fee in lieu of required sidewalk construction. The fee in lieu of sidewalk construction shall not be required for subdivision approvals for less than six lots. The fee in lieu of required sidewalk construction shall be equal to or greater than 100% of the cost of constructing the sidewalk as determined by the County Engineer. There is hereby established and created a "side-walk/shared use path fund" for the deposit of fees collected in lieu of required sidewalk construction. The fees collected pursuant to this Subsection (C) are hereby deemed appropriated upon receipt and shall be expended by the County Engineer for sidewalk or shared use path planning, design, land acquisition, construction and/or repair and maintenance. The County Engineer shall submit an annual written report to the Council of each fiscal year's expenditures and balance of the sidewalk/shared use path fund on or before the 15th day of March of each year. If the 15th day of March falls on a Saturday, Sunday, or legal holiday, the report shall be submitted on the prior working day. The fees collected shall not lapse at the close of the fiscal year.
(D) 
Payment of said fees shall be made in a lump sum at the time of final subdivision map approval or payment shall be made according to the following schedule: 50% at the time of preliminary subdivision map approval and the balance paid at the time of final subdivision map approval. When funds are needed for sidewalk or shared use path planning, design, land acquisition, construction and/or repair, the County Engineer shall submit a written request to the Planning Director and Mayor for approval. Upon approval, the Finance Director shall be authorized to release monies from the fund.
(4) 
Street monuments shall be placed and properly coordinated with the government survey triangulation stations at all angle points, points of curvature in streets and at intermediate points as shall be required by the Department of Public Works.
(5) 
All traffic signs, street name signs and traffic stripes shall be provided by the subdivider as required by the Department of Public Works.
(6) 
All street design and improvements shall be constructed in accordance with the standards established by the Department of Public Works.
(f) 
Improving Existing Streets for Access.
(1) 
The Planning Commission may deny any subdivision if a traffic problem would be created due to the inadequacy of existing public streets to handle vehicles entering public streets. In denying a subdivision, the Planning Commission shall prepare a statement specifying the traffic problem presented by the subdivision. The subdivider shall have the right to make all necessary improvements to eliminate the problem at his or her own expense. Only upon completion of the required improvements, or upon executing an agreement with the County to provide improvements, may the Planning Commission approve the subdivision.
(2) 
In the event the Planning Commission determines that the existing street right-of-way width abutting a proposed subdivision is less than the width necessary for a street of the proper classification, the Planning Commission may require the subdivider to dedicate additional right-of-way to the County.
(g) 
Street Names.
(1) 
Authority to Name Streets. The authority to name streets and to approve the change of street names within the County of Kaua'i is hereby delegated to the Planning Department to be exercised in accordance with the standards as set forth herein.
(2) 
Definitions. When used in this Subsection, the following words or phrases shall have the meaning given in this Paragraph unless it shall be apparent from the context that a different meaning is intended:
"Avenue"
means a fully improved through-roadway serving local or minor collector traffic, landscaped and planted with trees.
"Boulevard"
means a major collector with or without a medial strip generally shorter than a highway, usually serving through-traffic on a continuous route.
"Circle"
means a roadway having a circular form with only one access point to the adjoining street.
"Court"
means a short roadway partially or wholly enclosed by buildings giving the impression of a small open square.
"Drive"
means a long winding collector roadway; usually through a valley, mountainous area or plateau, having scenic qualities.
"Highway"
means a roadway generally serving through traffic on a continuous route providing the primary access between communities. Whenever practicable, highways shall be named after Hawaiian royalty.
"Lane"
means a narrow and short roadway without curbs or sidewalks.
"Loop"
means a looped roadway having two access points off the same roadway.
"Mall"
means a street or portions thereof on which vehicular traffic is to be restricted in whole or in part and which is to be used exclusively or primarily for pedestrian travel or promenade.
"Parkway"
means a major collector roadway usually containing a medial strip with landscaped setback parklike areas on each side of the right-of-way, generally heavily planted with trees for its entire length.
"Place"
means a cul-de-sac.
"Road"
means a collector roadway in the rural district. A roadway with the characteristics of a "road" or a "lane" shall be given a name only in circumstances where such a roadway is an extension of an already existing and named "road" or "lane."
"Street"
means the entire width between boundary lines of every roadway publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
"Way"
means a cul-de-sac which is off another cul-de-sac.
(3) 
Requirements Relative to Street Names. Street names within the County of Kaua'i shall comply with the following requirements:
(A) 
Street names selected shall consist of Hawaiian names, words or phrases, along with their proper spelling, meanings, and diacritical marks, and shall be selected with a view to the appropriateness of the name to historic, cultural, scenic and topographical features of the area; however, non-Hawaiian names may be selected based on justifications presented by the applicant.
(B) 
Street names selected shall not duplicate nor be similar to existing street names in spelling or sound.
(C) 
Street names selected shall fit the space limitation of a standard street name sign of the Department of Public Works.
(D) 
Streets that are a continuation of an existing street shall be given the same name as the existing street.
(E) 
Streets that are continuous shall bear the same name throughout.
(F) 
A street shall be entitled to a street name only if:
(i) 
The roadway has a legally defined right-of-way, by roadway lot or easement; however, street names shall be considered for subdivisions for which construction plans have been approved by the County;
(ii) 
The roadway serves two or more lots or units.
(G) 
Any street names adopted after the effective date of the ordinance codified in this Subsection shall include appropriate diacritical marks, which shall appear on the street name sign prepared by the Department of Public Works. Appropriate diacritical marks shall also be required for all replacement signs for street names in effect on the effective date of this Subsection and to all signs where a newly named street constitutes an extension of a street for which a name is in effect on the effective date of this Subsection. The Planning Department and the Department of Public Works may take all steps necessary to redesignate the names of existing streets to include appropriate diacritical marks where such redesignation is found to be necessary or appropriate.
(4) 
Procedural Requirements.
(A) 
Any owner, including public agencies, of a street or lot fronting a street, may request a new street name or a change of an existing street name by submitting an application to the Planning Department.
(B) 
Street name applications shall include the following:
(i) 
A map showing the street for which a name or name change is sought and the surrounding streets and their names.
(ii) 
The street name proposed, and its meaning in English. The applicant may request the Planning Department to choose the name.
(iii) 
In the case of a request to name a street or to change an existing street name, other than as part of the subdivision process, the reasons for the proposed name or name change.
(iv) 
The names and addresses of all residents fronting the street.
(C) 
Notices that a street name or name change has been proposed shall be circulated by the applicant to all residents on the street.
(D) 
The Planning Director's approval of a name or name change shall be subject to the approval of a majority of the residents on the street.
(E) 
The applicant shall conduct a poll to determine the approval of residents on the street.
(5) 
Approval.
(A) 
The Planning Director shall approve or disapprove an application not later than 45 days after its filing.
(B) 
The decision of the Planning Director may be appealed to the County Council not later than 10 days after mailing of the Planning Director's decision to the applicant.
(C) 
A street name shall become effective on the date of its approval.
(D) 
Upon approval of the street name, the applicant may install street name signs for the naming of the streets. The sign shall conform to the standards of the Department of Public Works. The applicant may also bear the total cost of the purchase and installation of the sign and shall notify the Fire Department, Police Department and Post Office of such change. The County will otherwise install street signs at the discretion of the County Engineer based on prioritization of the request and the availability of funds.
(h) 
Bus Stops and Bus Shelters.
(1) 
Dedication. Every subdivider seeking subdivision approval for residential units, as a condition precedent to approval of the residential subdivision, may be required to provide land in perpetuity or dedicate land for bus stops with adequate exits or turnaround routes and to construct and assume all costs for the materials and construction of bus shelters thereon.
(2) 
Location and Design. The location of bus stops and design of bus shelters, including materials to be used, shall conform to the standards established by the appropriate agencies.
(3) 
Procedure. The Planning Director, after consulting with the Department of Accounting and General Services, the Department of Education, and the Department of Public Works, and in consideration of the nature, location, and size of the subdivision, the existing bus stops, the traffic circulation pattern, the distance to school, the climatic conditions, and other health, safety, and welfare reasons, may recommend to the Planning Commission that the subdivider of a residential subdivision be required to dedicate land for bus stops with adequate exits or turnaround routes and to construct and assume all costs for the materials and construction of bus shelters thereon. The improvement of the land dedicated for the bus stop and the construction of the bus shelter, if required, shall be completed prior to its acceptance by the County.
(4) 
The Planning Director may adopt rules and regulations pursuant to Chapter 91, H.R.S., necessary for the purposes of this Section.
(Ord. No. 175, July 3, 1973; Ord. No. 270, December 24, 1975; Sec. 9-2.3, R.C.O. 1976; Ord. No. 331, October 26, 1977; Sec. 9-2.3, 1978 Cumulative Supplement; Ord. No. 356, January 26, 1979; Ord. No. 373, October 9, 1979; Ord. No. 406, January 22, 1981; Ord. No. 701, February 27, 1996; Ord. No. 946, June 26 2013)
Water supply and distribution facilities shall conform to the rules and the construction standards of the Department of Water.
(Ord. No. 175, July 3, 1973; Sec. 9-2.4, R.C.O. 1976)
(a) 
Sewage Service.
(1) 
All subdivisions accessible to a public sewer shall provide for adequate sanitary sewer facilities in accordance with the standards established by the Department of Public Works.
(2) 
In subdivisions not accessible to public sewers, a private sewage disposal system that meets the requirements of the Department of Public Works and the requirements of the State and the State Department of Health may be permitted.
(b) 
Relation to Storm Drainage System. No storm drainage channel, line or facility shall be connected to a sanitary sewage system.
(Ord. No. 175, July 3, 1973; Ord. No. 270, December 4, 1975; Sec. 9-2.5, R.C.O. 1976)
(a) 
General Standards for Drainage.
(1) 
Protect and preserve existing natural drainage channels to the greatest extent feasible.
(2) 
Protect the subdivision from flood hazards.
(3) 
Provide a system by which water within the subdivision will be removed without causing damage or harm to the natural environment, or to property or persons within the subdivision or to adjoining areas.
(4) 
Assure that waters drained from the subdivision are substantially free of pollutants, including sedimentary materials, of any greater quantity than would occur in the absence of subdivision and improvement, in order to protect the watercourses and shorelines.
(5) 
Assure that waters are drained from the subdivision in a manner that they will not cause erosion outside of the subdivision to any greater extent than would occur in the absence of subdivision and improvement, in order to protect the watercourses and shorelines.
(6) 
Provide for the crossing of watercourses by spanning rather than by culverts when possible, so that natural stream beds will not be altered where the alterations will cause undue environmental change.
(b) 
Easements and Rights-of-Way. In the event drainage improvements are made for a subdivision, adequate rights-of-way and easements for storm drainage purposes shall be provided.
(c) 
Oversize Drainage Facilities. The Department of Public Works may require that the applicant design and construct a drainage system that will serve adequately the entire drainage basin within which the subdivision is located when the basin is ultimately developed.
(Ord. No. 175, July 3, 1973; Sec. 9-2.6, R.C.O. 1976; Ord. No. 300, March 7, 1977; Ord. No. 416, November 4, 1981)
(a) 
Electric and Other Utility Lines and Communication.
(1) 
Electrical service shall be provided for all subdivisions, provided that the subdivisions within the agricultural and open use districts outside of the urban district as established by the State Land Use Commission may be exempted from this requirement if the subdivision used is to be primarily for agricultural purposes.
(2) 
Electric distribution lines and other utility and communication distribution lines shall be permitted overhead except as provided in this Section.
(3) 
All electrical services, street light wiring, and other utility and communications services shall be installed underground for all subdivisions within the resort districts and for residential subdivisions where the density of development is to be at 10 dwelling units or more per acre. The following types of lines and facilities may be exempted from the requirements of this Section: poles without overhead lines used exclusively for fire or police alarm boxes, lighting purposes or traffic control, and equipment appurtenant to underground facilities.
(4) 
Street lights shall be provided within the subdivision of commercial, R-2, R-4, R-6, R-10, R-20, RR-10 and RR-20 Use Districts. The construction of street lights shall conform to the standards established by the Department of Public Works.
(5) 
All new electric and other utility and communication services and facilities to be located within floodplain areas as determined by the County in subdivisions and new developments will be located and constructed in a manner which will minimize the risk and danger of flood damage.
(Ord. No. 175, July 3, 1973; Ord. No. 300, March 7, 1977; Sec. 9-2.7, R.C.O. 1976; Sec. 9-2.7, 1978 Cumulative Supplement)
(a) 
Authority. This Section is enacted pursuant to the authority granted by Section 46-6, H.R.S. as amended.
(b) 
Dedication. Every subdivider as a condition precedent to approval of a subdivision shall provide land in perpetuity or dedicate land for park and playground purposes, unless the Department of Public Works determines that it is unfeasible for the County to maintain such land for park and playground use. Where the Department of Public Works determines that it is unfeasible for the County to maintain such land for park and playground use, the Planning Commission shall require the subdivider to pay a fee in lieu of the land. Such fee shall be determined by the formula contained in Section 9-2.8(d). The park and playground requirement may be satisfied by a combination of land and fee in lieu of the land.
(c) 
Application.
(1) 
The provisions of this Section shall not apply to:
(A) 
Subdivision of land into two or more lots only for the purpose of clarifying public records or adjustments of boundaries, provided that no additional lots will be developed for the purpose of building dwelling units thereon.
(B) 
Subdivisions for a public utility, public facility or of a public nature, and which will not be provided with or developed into dwelling units.
(C) 
Industrial and commercial use subdivisions.
(D) 
Subdivision of land into two or more lots for agricultural purposes which will not be developed under this subdivision application, into dwelling or lodging units. The subdivider desiring such an exception shall file with the Planning Director a certified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling or lodging units. These conditions shall run with the land.
(E) 
Subdivision of building, as defined in Section 9-1.5 of the Subdivision Ordinance, for which a zoning permit has been given in accordance with the provisions of the Comprehensive Zoning Ordinance, provided that a building permit is secured within 12 months from May 20, 1977.
(2) 
The provisions of this Section shall apply to:
(A) 
Changes in use of building from hotel to residential dwelling use.
(B) 
Any additional dwelling or lodging units added to an existing building or lot.
(C) 
Any dwelling or lodging units of a building constructed in the stead of a building that is demolished, but only to the extent that such units exceed the number of units of the demolished building.
(D) 
All subdivisions except those excluded in Section 9-2.8(c)(1).
(E) 
Where zoning allows the construction of more than one dwelling unit on a vacant lot, a fee as provided in Section 9-2.8(d) shall be assessed for all but one dwelling unit at the time of building permit action.
(d) 
Land Area Requirement to be Dedicated in Perpetuity.
(1) 
In the public interest, convenience, health, welfare and safety, subdividers, except as provided under Section 9-2.8(d)(4), shall provide a minimum ratio of one-and-three-fourths (1.75) acres of land for park and playground purposes for each 1,000 persons or fraction thereof.
(2) 
Population density for the purpose of this Section shall be:
(A) 
Single-family dwelling units and duplexes = 3.5 persons per dwelling unit; and
(B) 
Multifamily dwelling units = 2.1 persons per dwelling unit.
(3) 
Land required to be dedicated or provided in perpetuity by a subdivider pursuant to this Section shall be determined on the following basis:
(A) 
In subdivision of land, the basis for determining the total number of dwelling or lodging units for computation purposes shall be the number of such units permitted by the County in the subdivision as shown on the final subdivision map filed with the County.
(B) 
In building permit applications, the total number of dwelling or lodging units for computation purposes shall be the total number of units as shown on the building permit application.
(C) 
Land Dedication Formula. The land dedication formula shall be as follows:
C x P = AREA TO BE DEDICATED IN ACRES*
Where
C = 1.75 ac
Number of park acres per 1000 as per Section 9-2.8(d)(1) which is determined by the following formula:
1000
P = [Population Density**] x [Total Number of Lots or Dwelling Units]
P = [Population Density**] x [Total Number of Lots or Dwelling Units]
P = Total Population Within the Subdivision or Dwelling Units
* To convert acres to square feet, multiply acres by 43,560.
** Population density as per Section 9-2.8(d)(2).
(4) 
Land and building subdivisions of the first six lots or units of subdivision of land or units falling within the provisions of Subsection (c) of this Section shall be assessed $150 per lot or unit. Subdivision of all lots or units subsequent to the initial six shall be assessed the full requirement applicable to the lots or units as provided in Subsection (d) of this Section, regardless of the change in ownership of the lot or unit assessed since the initial assessment.
(e) 
Valuation.
(1) 
When an in-lieu fee is to be paid for lands, the assessment shall be based upon the fair market value of the raw land prior to subdivision plus 50% of the difference between the fair market value of the subdivided land (including site improvements and utilities) and the fair market value of the raw land.
(2) 
If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by majority vote of three land appraisers; one shall be appointed by the subdivider, one shall be appointed by the County, and the third appointed by the Fifth Circuit Court. The subdivider and the County shall equally bear the fees of appraisal and costs thereof.
(3) 
Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall be deposited in a park and recreational trust fund. Payment may be in a lump sum at the time of final approval of the land subdivision or final plan approval for a building subdivision; or 50% at the time of preliminary approval of the land subdivision or preliminary plan approval of the building subdivision, and the balance paid at the time of final approval of the land subdivision or final plan approval of the building subdivision.
(A) 
All monies received shall be used for the acquisition and development of park and recreational facilities, facilities replacement and maintenance equipment to serve the district in which the subdivision is located. Monies received may be expended on neighborhood community facilities in reasonable proximity to the subdivision. Where a public park and playground presently serves a subdivision, such fees may be used for the purpose of providing additional facilities for that park or playground. The County Engineer shall determine the various park areas for funding purposes.
(B) 
When funds are needed for implementing a plan to provide or develop land and facilities or for preparing site plans such as design and engineering work, the County Engineer shall submit a written request to the Planning Director and the Mayor for approval. Upon approval, the Finance Director shall be authorized to release monies from the fund.
(C) 
No refunds shall be made for any land and building subdivision which the Planning Commission has granted final approval, except that credit may be given to subsequent subdivisions of the same area.
(D) 
All monies, interests, and other forms of earnings resulting from the fee shall thereafter be the property of the County. The interests and earnings accrued from the fee shall be expended in the same manner as the fee itself.
(f) 
Credit for Private Park and Playground.
(1) 
Where land for a private park, playground or recreational area is provided in a subdivision, and the area is to be privately owned and maintained and used by the occupants in the subdivision, such land may be credited on an area for area basis against the land which would otherwise be required to be dedicated under Subsection (d) of this Section; provided that, such credit shall not exceed 50% of the land that would otherwise be required to be dedicated under said Subsection.
(2) 
The credit shall be subject to the following standards and requirements and subject to the approval of the Planning Commission upon consultation with the Department of Public Works.
(A) 
The park, playground or recreational area shall be clearly set aside as a recreational area.
(B) 
No credit shall be given for setback areas which are required by other State and County statutes, ordinances, and regulations.
(C) 
The use of the site is restricted for park, playground and recreational purposes by recorded covenants which shall run with the land for the use of all the purchasers or occupants in the subdivision. The covenant shall specify that the restricted use cannot be altered without the consent of the Planning Commission. The covenants shall also obligate all of the occupants of the subdivision to be mandatory members of the private park, playground or recreational area.
(D) 
There shall be adequate assurance for perpetual maintenance of the private parks and playgrounds by recorded covenant running with the land which shall include but not necessarily be limited to the following:
(i) 
Provisions obligating the subdividers, purchasers or occupants in the subdivision to maintain the private parks and playgrounds in perpetuity.
(ii) 
Provisions empowering the County to enforce the covenants to maintain the private parks and playgrounds and authorize the performance of maintenance work by the County Engineer in the event of failure by the subdivider, purchaser or occupant to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until paid.
(E) 
Legal documents shall be drawn up by the subdivider to ensure the above-mentioned conditions and requirements and shall be subject to the review and approval of the County Attorney as to form and legality. The subdivider shall be required to file with the Bureau of Conveyances a declaration of the above-mentioned documents. A certified copy of the documents as issued by the Bureau of Conveyances shall be presented to the Planning Commission as evidence of recordation, prior to occupancy of any subdivision.
(F) 
Golf courses, marinas or other similar uses, as determined by the Planning Director, which serve only a certain group of individuals shall not be considered as credit for private parks.
(3) 
Where lands for park and playground were dedicated or provided in perpetuity prior to May 20, 1977, and the Planning Commission determines that the lands satisfy the requirements of Subsection (f)(2) of this Section, the land may be credited against the park land which would otherwise be required under Subsection (d) of this Section; provided that, the credit shall not exceed 50% of the land that would otherwise be required under Subsection (d). The land shall be subject to the standards enumerated under Subsection (f)(2) of this Section.
(Ord. No. 175, July 3, 1973; Ord. No. 271, December 22, 1975; Sec. 9-2.8, R.C.O. 1976; Ord. No. 304, May 20, 1977; Sec. 9-2.8, 1978 Cumulative Supplement; Ord. No. 397, August 11, 1980)
(a) 
The Planning Commission shall require a subdivider or developer, as a condition precedent to final approval of a subdivision, in cases where public access is not already provided, to dedicate land for public access by right-of-way or easement for pedestrian travel from a public highway or public streets to the land below the high-water mark on any coastal shoreline, and to dedicate land for public access by right-of-way from a public highway to areas in the mountains where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding and other recreational purposes, and where there are existing mountain trails.
(1) 
The Planning Commission may require dedication of public access as described above to areas where there are no existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding and other recreational purposes, and where there are no existing mountain trails.
(2) 
The Planning Commission may also require similar public access in areas in which a subdivision abuts, encompasses, or is in close proximity to other public resources, recreational areas, parks, schools, or other public facilities.
(b) 
Designation of public accessways shall be subject to the following requirements:
(1) 
"Standard" public accessways shall be a minimum of 10 feet in width.
(2) 
The Planning Commission shall establish the preferred public access alignment with consideration of such factors as topography, approximate location to the nearest public street, and configuration of subdivision lots or development site.
(3) 
"Standard" public accessways shall be designated at intervals of not less than 300 feet and not greater than 1,500 feet. The Planning Commission may require that accessways be consolidated to provide sufficient area for vehicular access, parking, development of shoreline or other recreational facilities, or other public purposes; or may modify standard public accessways to take into consideration terrain features, length of frontage, uses of the parcel to be subdivided, and other pertinent factors; provided, however, that the total area to be conveyed shall not differ substantially from that which would be required by the provision of standard public accessways, unless additional areas and improvements are mutually agreed to by the subdivider and the appropriate County agencies.
(4) 
Public accessways shall be designed to specifications approved by the Department of Public Works and the Planning Department.
(5) 
Where lands comprising a subdivision do not span the entire distance between public resources, recreational areas, parks, schools, or other public facilities to which it has been determined that public access is necessary, the Planning Commission shall require conveyance of those segments of the needed public accessway laying within the proposed subdivision. Partial accessway segments shall be conveyed to the County pursuant to requirements contained in Subsection (i) of this Section. Partial accessway segments so designated need not be open to public access until the entire accessway is dedicated.
(6) 
Public accessways shall be clearly designated on the final map(s) of the subdivision.
(7) 
The County shall indemnify the landowner from injury to members of the public who are injured within the accessway.
(8) 
Other specifications for improvements may include but not be limited to off-street parking requirements, turnarounds, grading, and greater access width.
(9) 
The County Engineer may restrict or prohibit passage over a public accessway for 30 days if the County Engineer determines that:
(A) 
The accessway is unsafe;
(B) 
The area being accessed is hazardous; or
(C) 
The area is being reserved by the County as a partial segment for a future public accessway.
If the County Engineer determines that a public accessway may require restrictions that exceed 30 days, such recommendation shall immediately be transmitted to the Council for approval. In the event the public accessway continues to require restrictions and Council approval has not been obtained, the County Engineer may extend the required restrictions for an additional thirty (30) days so long as the determination is consistent with the criteria set forth in this Section. In cases where the Council has disapproved a recommendation to restrict passage over a public accessway, the County Engineer shall not have the authority to extend the restrictions. The Council shall be notified in writing of any restrictions of public accessways no matter of its duration.
(c) 
In cases where a subdivision is in close proximity to an existing accessway or where the County Engineer determines that an accessway is not feasible due to physical constraints or hazardous conditions, the Planning Commission may require the subdivider to improve existing accessways within or in close proximity to the parcel being subdivided.
In cases where a subdivision is in close proximity to an existing access or where the County Engineer determines that an access is not feasible due to physical constraints or hazardous conditions, and where it has been determined that existing accessways within or in close proximity to the parcel being subdivided cannot be improved, the Planning Commission may assess an in-lieu fee equivalent to the difference between the fair market value of the affected lot or lots without an access easement and the fair market value of the affected lot or lots with an access easement. The land area shall be calculated as a ten (10) foot wide portion of the property extending from the location that the property boundary line fronts a public street to the boundary line abutting the public resource.
(1) 
Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall be deposited in a separate public access fund. Payment may be made in a lump sum at the time of final subdivision map approval; or fifty percent (50%) at the time of preliminary subdivision map approval and the balance paid at the time of final subdivision map approval.
(2) 
All monies received shall be used for the acquisition and development of public accessways. If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by the majority vote of three (3) land appraisers; one (1) being appointed by the subdivider, one (1) being appointed by the County, and the third being appointed by the Fifth Circuit Court. The subdivider and the County shall equally bear the fees of appraisal and costs thereof.
(d) 
The Planning Commission may require a subdivider to improve an accessway in a subdivision prior to dedication to the County. Upon dedication of land for a public accessway as required by this Section and upon acceptance by the County, the County shall thereafter assume the costs of additional improvements for and maintenance of the accessway, and the subdivider shall accordingly be relieved from such costs.
(e) 
The Planning Commission may also require public access to and the preservation of all significant historic and archaeological sites known or discovered on the parcel to be subdivided, as determined by the Planning Commission after seeking and receiving input from affected agencies, and community and cultural groups.
(f) 
For the purposes of this Section, "subdivision" means any land which is divided or is proposed to be divided for the purpose of disposition into six (6) or more lots, parcels, units, or interests and also includes any land whether contiguous or not, if six (6) or more lots are offered as part of a common promotional plan of advertising and sale. However, the Planning Commission may require accessways to be conveyed to the County when the land is divided into less than six (6) lots, parcels, units or interest. For the purposes of this Section, the definitions of lots, parcels, units, or interests shall be applicable to condominium property regime projects created and established pursuant to Chapter 514A, Hawai'i Revised Statutes.
(g) 
The right of transit along the shoreline exists below the private property line which is defined as being along the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation or by the debris left by the wash of the waves. However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the Planning Commission may require the conveyance of a right-of-way or easement along the makai boundaries of the property lines public transit corridors which shall be not less than ten (10) feet wide. The Planning Commission may also require lateral access or transit ways in other situations where they determine it is in the public interest.
(h) 
The accessway shall be clearly designated on the final map of the subdivision or development.
(i) 
Upon approval of the preliminary subdivision map and prior to receiving approval of the final subdivision-map from the Planning Commission, the subdivider shall deposit conveyancing documents in form and content acceptable to public access free and clear of all encumbrances. Failure to timely submit such documents to the Planning Commission prior to approval of the final subdivision map shall be sufficient grounds for disapproval of the final subdivision map.
(Ord. No. 175, July 3, 1973; Sec. 9-2.9, R.C.O. 1976; Ord. No. 777, November 28, 2001; Ord. No. 801, January 17, 2003)
Minimum lot area, minimum lot frontage and width, and lot width to depth ratios, shall conform to the provisions of the Comprehensive Zoning Ordinance.
(Ord. No. 175, July 3, 1973; Sec. 9-2.10, R.C.O. 1976)
The dimension, shape and orientation of blocks shall be determined with due regard to:
(a) 
Provision of building sites suitable to the use and type of buildings contemplated;
(b) 
Minimum site requirements, particularly as to site, slope, and dimensions;
(c) 
Control, safety and convenience of pedestrian and vehicular traffic;
(d) 
Topography and other land features;
(e) 
Orientation and scenic enhancement;
(f) 
Length of blocks shall not be more than one thousand eight hundred (1,800) feet, except in Residential and Commercial Districts, where length of blocks shall not be more than four hundred fifty (450) feet. Exceptions may be provided for topographical conditions or if the block is adjacent to an arterial road; and
(g) 
Pedestrian ways of ten (10) feet minimum width shall be required through the center of any block at intervals of four hundred fifty (450) feet or less, unless the Planning Commission finds such improvements are not warranted.
(Ord. No. 175, July 3, 1973; Sec. 9-2.11, R.C.O. 1976; Ord. No. 946, June 26 2013)
Prior to final acceptance of subdivision improvements, the subdivider shall provide property pin markers for all lots.
(Ord. No. 175, July 3, 1973; Sec. 9-2.12, R.C.O. 1976)
The consolidation of lots, including Kuleana lots, shall be processed through the Planning Commission and shall require its approval before recordation of any maps or documents pertinent to the consolidation. Consolidation involving not more than four (4) existing lots of record and re-subdivision where no additional lots or density are created by the resultant properties, shall not be required to provide any off-site infrastructure improvements, except as needed to connect to an adjacent roadway or utility line. If the resulting lots do not result in an increase in density, the Planning Commission shall not impose additional conditions pursuant to Section 9-3.4(b). The Planning Commission shall establish rules and fees for consolidation of lots.
(Ord. No. 175, July 3, 1973; Sec. 9-2.13, R.C.O. 1976; Ord. No. 908, May 4, 2011)
Cemetery lots shall mean burial or other interment lots in cemeteries approved by the Department of Health. The standards relative to improvement requirements shall not apply to individual lots in a cemetery.
(Ord. No. 175, July 3, 1973; Sec. 9-2.14, R.C.O. 1976)