Article 3 Procedure for Approval of Subdivisions

A preliminary subdivision map may be filed by the owner of the property sought to be subdivided, or by any person duly authorized by the owner. The preliminary subdivision map, wherever feasible, shall be filed together with one (1) application for the required zoning permit, as provided in the Comprehensive Zoning Ordinance, and two (2) applications, if any, for necessary use permits and variance permits, as provided in the Comprehensive Zoning Ordinance. Information required in the applications may be shown in the preliminary subdivision map, and the Planning Commission, to the extent feasible, shall act upon the preliminary subdivision map and all applications simultaneously.

Filing Fees. Each subdivider at the time of filing the preliminary subdivision map shall pay a nonrefundable fee of sixteen dollars and fifty cents ($16.50) for each lot shown on the preliminary subdivision map and a processing fee of three hundred dollars ($300.00), except that filing and processing fees shall be exempted as follows:

A subdivision for a housing project or portions of housing projects that are developed to be affordable to low-income households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from the filing and processing fee required in Subsection (b), provided such projects conform to applicable provisions of the County's affordable housing program.

§ 9-3.3 Form and Content of Preliminary Subdivision Map.

A subdivision for a housing project or portions of housing projects that are developed to be affordable to gap-group households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from one-half (1/2) of the filing and processing fee required in Subsection (b), provided such projects conform to applicable provisions of the County's affordable housing program.

(Ord. No. 175, July 3, 1973; Sec. 9-3.2, R.C.O. 1976; Ord. No. 950, July 17, 2013)

Twelve (12) copies of a preliminary subdivision map shall be filed with the Planning Department. The map shall be clearly and legibly drawn and shall consist of a map and data to accompany the map as provided in this Article.

Form and Contents of the Map. The map shall conform as to size and scale with the standard set forth in Section 502-19, H.R.S., or shall be contained on legal size paper. When more than one (1) sheet is required, an index sheet of the same size shall be filed which shows the entire subdivision on one (1) sheet, with block and lot numbers. The map shall contain the following information, except to the extent that the Planning Director waives the requirements.

Name of the owner of record, subdivider, or his or her agent, and the registered surveyor or engineer who prepared the map.

Date, north arrow, scale, tax map key and subdivision name.

The names and locations of subdivisions adjoining; the locations, names, width of pavements and rights-of-way and other dimensions of existing and proposed streets; the approximate location of easements for utilities including drainage, sewer and water; parks and other public places or spaces on immediately adjoining properties.

The approximate location in the adjoining streets or property of existing sewers, water mains, including hydrants and meters, culverts, watercourses and storm drain lines and appurtenances, and electric lines proposed to be used by the property to be subdivided and invert elevations of sewers at points of proposed connection. All elevations shall be based on official government benchmarks. The approximate location of existing sewers and water mains and electric lines within the property to be subdivided shall also be shown.

The location of existing cesspools, watercour320-ses, and the location of structures and improvements that are to be retained.

(6)

The proposed lot and street layout with approximate area and dimensions of the lots, street rightsof-way, easements and setbacks and radius of curves along property lines or center lines of each street.

(7)

A tabulation indicating the number and size of lots and the density showing conformance with the provisions of the Comprehensive Zoning Ordinance.

(8)

The typical cross-section of the proposed streets when required by the Department of Public Works.

(9)

The approximate location and the sizes of all parcels of land proposed to be dedicated to public use and the conditions of the dedication, if any.

(10)

All maps shall show pertinent topographical information such as slopes and shapes of land, approximate elevations, watercourses and drainage ways, and other information affecting the design of the subdivision. In order to facilitate the review and evaluation of proposed subdivision improvements, the County Engineer or the Planning Director may require contours showing more exactly the terrain configuration and features. When contours are required the maps shall show existing contours at vertical intervals of five (5) feet where the slope is greater than ten percent (10%), and not more than two (2) feet where the slope is less than ten percent (10%).

(11)

The Planning Director or the County Engineer may require preliminary profiles showing existing ground lines and proposed grades of streets, when it appears that grades of lots or portion of streets exceed ten percent (10%) and also the preliminary plan of proposed sanitary sewers and storm drainage facilities with grades and sizes indicated.

(12)

When the proposed subdivision is located in a constraint district, the constraint zones shall be shown.

(13)

In a subdivision which may reasonably be expected to be re-subdivided in whole or in part at some future time, there shall be shown in dotted lines a plan of probable future streets and lotting.

(14)

Indicate the estimated on-site and off-site storm drainage runoff quantity and drainage pattern and other pertinent information relative to the existing drainage condition.

(15)

For residential subdivisions, the proposed location for bus stops showing possible exits or turnaround routes that may be required to be dedicated pursuant to Sec. 9-2.3(h).

(16)

Identify the areas of flood or tsunami hazards, delineating the boundaries of the flood fringe, floodways, general floodplain, and coastal high hazard, and designating the base flood elevations.

Data to Accompany Map. Data to accompany the tentative map shall include a written statement of information regarding:

Existing and proposed use of the property and compliance with requirements of the Comprehensive Zoning Ordinance.

Description of the proposed subdivision, including the number of lots, the density, average and minimum size and the nature of the development.

The methods and techniques that will be used to satisfy the standards and regulations established in Article 3 of this Chapter regarding matters such as general environmental standards, streets, sanitary sewers, storm drainage, water supply and distribution, land alterations, utility lines and facilities, and parks and recreation.

§ 9-3.4 Approval of Preliminary Subdivision Map.

The types and general contents of proposed deed restrictions, if any, relating to any common area, park area, recreation area, or permanent open space area.

(Ord. No. 175, July 3, 1973; Sec. 9-3.3, R.C.O. 1976; Ord. No. 406, January 22, 1981; Ord. No. 416, November 4, 1981; Ord. No. 500, March 31, 1987)

Compliance and Distribution.

The Planning Department within ten (10) calendar days shall check for compliance of form and contents of the map. If the form and contents are found not to be in compliance, it shall be rejected and returned to the applicant in writing.

After the maps have been preliminarily accepted, the Planning Department shall forward copies to the Department of Public Works, the Department of Water, the State Department of Health, and other affected agencies, departments and utility companies, as the Planning Director determines for comment or approval. Accompanying application, if any, for required zoning permits, shall also be referred.

Review. After the preliminary subdivision maps have been preliminarily accepted as to form and contents, the following review schedule shall apply:

	Column 1	Column 2
Various governmental agency review to Planning Director	30 Calendar Days*	45 Calendar Days*
After receipt of the agency reviews, the Planning Director shall prepare a report to the Planning Commission. The Planning Commission shall approve, approve with condition or disapprove preliminary subdivision map.**	45 Calendar Days*	45 Calendar Days*

Column 1: For subdivisions not including streets and improvements where the number of lots to be created is twenty (20) or less.
Column 2: For subdivisions requiring new streets and improvements.
*	Or within a longer period as may be agreed to by the applicant.
**	If the Planning Commission fails to take action within the time limit prescribed in this Section, unless the applicant assents to a delay, the preliminary subdivision map shall be deemed approved.

(Ord. No. 175, July 3, 1973; Sec. 9-3.4, R.C.O. 1976)

§ 9-3.5 Construction Plans.

Following approval of the preliminary subdivision map by the Planning Commission, the subdivider shall prepare and submit to the Planning Department six (6) copies of grading plans, construction plans and specifications showing details and road construction, drainage structures, sewers, water mains, and all other utilities proposed to be constructed in the subdivision. The plans shall conform in size, scale, and detail to standards established by the Planning Department, Department of Water and the Department of Public Works. One (1) set of drainage data and information as specified in the Department of Public Works standards shall accompany the construction plans.

The Planning Department shall forward copies of the grading plans, construction plans, and specifications to the Department of Public Works, the Department of Water and the State Department of Health. Any subsequent revisions necessary to make the construction plans in an acceptable standard ready for signature approval may be done between the agencies and the subdivider without being processed through the Planning Department.

Upon approval of construction plans by each department, the Planning Director shall review the plans. If the Planning Director determines that the plans conform to the approved preliminary subdivision map, as conditioned by the Planning Commission, he or she shall approve the plans. If the construction plans deviate from the approved preliminary subdivision map, as conditioned by the Planning Commission, the Planning Director may approve the construction plans if he or she determines that the deviations are not substantial. If the Planning Director determines that the deviations are substantial he or she shall disapprove the construction plans and return them to the subdivider with a written specification of changes required. If the subdivider disagrees with the Planning Director he or she may appeal the decision to the Planning Commission which will process the appeal in the same manner as provided for the review of a preliminary subdivision map.

The various governmental agencies required to approve construction plans shall take action on the plans within sixty (60) calendar days of their submission by the applicant or within a longer period as may be agreed to by the applicant.

After action is taken by the agencies, the Planning Director shall take action on the plans within fifteen (15) calendar days.

If the agencies and the Planning Director fail to take action within the time limits prescribed in Section 9-3.4 the construction plans shall be deemed approved.

The following signatures shall be required on the construction plans:

Representative of the Department of Health;

County Engineer, Department of Public Works;

Manager and Chief Engineer, Department of Water;

Planning Director, Planning Department; and

Others as required by the Planning Director.

§ 9-3.6 Completion of Improvements, Agreement and Bond.

Approval of construction plans shall not be construed as approval of the utility plans if the utilities are not under County jurisdiction.

(e)

The approved construction plans shall be in effect for only one (1) year unless construction is started. If construction is not started within this one (1) year period, the construction plans shall be resubmitted for review and approval by all agencies.

(f)

In case of a subdivision which does not involve any construction or widening of highways or streets, or drains, or the construction or extension of utilities, including water and sewer mains, the applicant may prepare a preliminary subdivision map, and a final subdivision map of the proposed subdivision without preparing construction plans. Final approval of the final map shall be granted as provided in this Chapter upon certification by the Planning Director, County Engineer, and Manager, that, where required, an adequate deposit has been made with proper agencies assuring the installation of necessary service laterals for water and sewer service and other conditional requirements.

(g)

All construction plans shall be certified by a professional engineer having especially qualified in the civil branch.

(Ord. No. 175, July 3, 1973; Sec. 9-3.5, R.C.O. 1976)

After approval of the construction plan, the applicant may construct the required improvement prior to seeking approval of the final subdivision map, or the applicant may enter into an agreement with the County guaranteeing the construction of improvements at his or her own expense within a reasonable time period specified by the Planning Commission in which case he or she may seek approval of the final subdivision map prior to constructing the required improvements.

Construction of Improvements Prior to Approval of Final Subdivision Map. The applicant may proceed with the construction of the required improvements and after completion of the required improvements, and approval by the Planning Commission, the applicant shall file for approval of the final subdivision map as provided in this Article.

Agreement and Bond Prior to Approval of Final Subdivision Map. In the event that the applicant desires approval of the final subdivision map prior to constructing the required improvements, he or she shall file the following documents with the Planning Commission:

A subdivision agreement, approved by the County Attorney, guaranteeing that the applicant will complete the construction of required improvements free of all liens within a time period specified by the Planning Commission and will make full payment therefor, and providing that if the applicant fails to so complete the improvements within the time specified, or an extension as may be mutually agreed upon, the County may complete the improvement and recover the full cost of expenses thereof from the applicant.

A bond or security in one (1) of the following forms:

(A)

A surety bond (other than personal surety) in the sum equal to the cost of all work required to be done by the applicant as estimated by the County Engineer and Manager pursuant to the subdivision agreement and conditioned upon the full and faithful performance of any and all work. The surety bond shall provide that should the applicant fail to complete as required within the time specified by the Planning Commission, the County may complete the work and recover the full cost and expense thereof from the surety. The surety bond, or any portion thereof, shall not be released until all improvements have been satisfactorily completed.

(B)

Where the applicant has entered into a contract with a responsible contractor for the construction of improvements, one (1) copy of the following shall be submitted:

(i)

A certified copy of his or her contracts;

(ii)

A certified copy of the contractor's performance bond in a sum equal to at least fifty percent (50%) of the cost of all work required; and

(iii)

A surety bond (other than personal surety) in a sum equal to at least fifty percent (50%) of the cost of all work required to be completed by the applicant as estimated by the County Engineer and Manager which bond shall be conditioned as set forth in Subsection (b)(2)(A) of this Section. Surety bond or any portions thereof shall not be released until all improvements have been satisfactorily completed.

(C)

Cash, negotiable bonds, or other securities acceptable to the Planning Commission in an amount equal to that prescribed for a surety bond under Subsection (b)(2)(A) of this Section.

(Ord. No. 175, July 3, 1973; Sec. 9-3.6, R.C.O. 1976)

§ 9-3.7 Construction Inspection.

Notification. The applicant shall notify the Department of Public Works and the Department of Water at least five (5) days before commencement of construction of improvements.

Inspection and Control of Work.

All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the Department of Public Works and the Department of Water.

Departments shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the requirements of this Chapter and the standards established by the departments.

If any of the work on improvements is done by the applicant prior to the approval of the construction plans, or prior to the inspections of the improvements as required by the departments, the work may be rejected and shall be deemed to have been done at risk and peril of the applicant.

Inspection Fee. Prior to commencement of construction, the applicant shall pay to the Department of Public Works the cost for the inspection of the work and checking and testing of the materials a sum equal to 0.5 percent of the estimated construction cost exclusive of the cost of water facilities.

Approval of Work. When all improvement work required by the construction plan is completed to the satisfaction of the Department of Public Works and the Department of Water, the departments shall issue certificates stating that the work has been satisfactorily completed and recommending approval by the Planning Commission.

(Ord. No. 175, July 3, 1973; Sec. 9-3.7, R.C.O. 1976)

§ 9-3.8 Final Subdivision Map.

If the final map is to be filed with the Land Court for recordation, it shall comply with the requirements specified under the rules of the Land Court for Land Court subdivisions. If the final map is not to be filed with the Land Court, it shall contain the following data:

The final map of all registered land shall conform as to size and scale with the standards set forth in Section 502-19, H.R.S. Where the final map is not to be filed with the Land Court, it may be acceptable to the Planning Commission if it is legal size, eight and one-half by thirteen (8 1/2 x 13) inches, or of other size as it may be acceptable to the Planning Commission. When more than one (1) sheet is required an index sheet of the same size shall be filed to show the entire subdivision on one (1) sheet with block and lot numbers.

The final map shall show the following information:

(A)

Name and address of the owner of record, subdivider or his or her agent, and of the registered surveyor who prepared the map.

(B)

The date, title, north arrow, scale and tax key. The title shall include the name of the subdivision under which it is to be recorded.

(C)

Locations of all proposed streets, easements, parks and other open spaces, reservations, lot lines, set-back lines; also names and lines of all adjoining or existing streets.

(D)

The length and true azimuths of all straight lines, radii, chords, and central angles of all curves along the property lines of each street, all dimensions and true azimuths along the lines of each lot, and also any other data necessary for the location of all building lines proposed to be imposed by the subdivider, including set-back lines.

(E)

All subdivisions shall be shown to have been accurately surveyed, coordinated to the government survey triangulation stations and permanently monumented on the ground with approved survey monuments. The error of closure in traverse around the subdivision and around interior lots or blocks shall not exceed one (1) foot to ten thousand (10,000) feet of perimeter.

(F)

Names of all subdivisions immediately adjoining; or when adjoining property is not a recorded subdivision, the names of the owners thereof.

(G)

Boundary of the subdivided tract, with courses and distances marked thereon. The boundary shall be determined by survey in the field by a registered land surveyor and certified to be correct.

(H)

Any conditional requirements imposed as a condition for subdivision by the respective agencies.

Final Subdivision Map; Supplemental Documents. The final subdivision map shall be accompanied by the following documents:

A certificate from a professional land surveyor duly licensed in the State of Hawai'i attesting to the accuracy of the map.

The preliminary prints shall be accompanied by a preliminary title report of the property shown on the map.

The subdivision agreement and bonds provided for in Section 9-3.6(b) in cases in which the applicant seeks approval of the final subdivision map prior to constructing required improvements.

The certificates provided for in Section 9-3.7 in cases in which the applicant has already constructed required improvements, together with deeds of conveyance conveying a warranty title to all the streets and other improvements and easements associated with the improvements within the subdivision which the applicant offers for dedication to the County.

Cash payment, or proof of payment, for all checking and filing fees; facilities reserve charge and other charges as required by the Department of Water and other applicable fees or deposits.

(6)

Deeds for easements or rights-of-way required for road, drainage or other purposes which have not been dedicated on the final map.

(7)

Written evidence acceptable to the County in the form of rights-of-entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work, permitting the maintenance of the facility, and providing access to the subdivision.

(8)

Agreements acceptable to the County executed by the owners of existing utility easements within proposed road right-of-way consenting to the joint use of the right-of-way as may be required by the County for the public use and convenience of the road.

(9)

Evidence of formation of legal entities when required to operate and perform all required maintenance and services.

(10)

Deed restrictions relating to any common park or recreation area.

(11)

An electronic record (digitized format) of the final map(s).

Filing of Final Subdivision Map.

The applicant shall file fifteen (15) copies of the subdivision final map with the Planning Department within one (1) year after approval of the preliminary subdivision map. If no filing is made, the approval of the preliminary subdivision map and construction plan shall become void unless an extension of time is granted by the Planning Commission.

An applicant may elect to file for approval of a final map covering only a portion of the approved preliminary map if he or she declares his or her intention at the time he or she files the preliminary map. Each partial final map shall apply to approval for a partial final map and the subdivision agreement required of the applicant shall provide for the construction of improvements as may be necessary to constitute a logical and orderly development of the whole subdivision by units.

Action on Final Subdivision Map.

Planning Director. After accepting the filing of the final subdivision map, the Planning Director shall send a report to the Planning Commission indicating whether the final map conforms to the terms, conditions and format of the preliminary subdivision map which has been previously approved or conditionally approved by the Planning Commission and to the approved construction plans. The report shall incorporate written reports by the County Engineer and the Manager and shall also indicate whether the other requirements of this Chapter, other ordinances and State law have been satisfied.

Planning Commission. After the receipt of the report from the Planning Director, the Planning Commission shall determine whether the final subdivision map substantially conforms to the terms, conditions and format of the preliminary subdivision map which has been previously approved or conditionally approved, and to the approved construction plans, and whether the applicant has satisfied all other requirements imposed by law. The Planning Commission shall accordingly approve or disapprove the final subdivision map.

Time Limits. If the Planning Commission fails to take action on the final subdivision map within forty-five (45) calendar days from the date of acceptance, unless the applicant assents to a delay, the final subdivision map shall be deemed approved.

Recordation. The final subdivision map or a metes and bounds description of the subdivision must be recorded prior to or at the time of conveyance of interest in any lot or parcel. If no such timely recordation is made, the approval of the preliminary subdivision map, the construction plans, and the final subdivision map shall become void.

§ 9-3.9 Approval of Improvements Constructed After Approval of Final Subdivision Map.

Errors and Discrepancies. The approval of the final subdivision map by the Planning Commission shall not relieve the applicant of the responsibility for any error in the dimensions or other discrepancies or oversights. Errors, discrepancies, or oversights shall be revised or corrected, upon request to the satisfaction of the Planning Commission.

(Ord. No. 175, July 3, 1973; Sec. 9-3.8, R.C.O. 1976; Ord. No. 422, March 31, 1982; Ord. No. 771, June 29, 2001)

The requirements and procedures provided in Section 9-3.7 shall apply to improvements required by a subdivision agreement where the applicant constructs improvements after the approval of the final subdivision map.

The applicant shall prosecute the work to completion without undue delay except for inclement weather or other reasonable cause. Delay in completion of the work beyond the period stated in the Subdivision Agreement, unless an extension thereof is approved by the Planning Commission and the Surety Company, may result in forfeiture of the cash deposit and security, or a portion thereof, for the completion of the work.

Upon the issuance of the certificates provided for in Section 9-3.7(d), the Planning Commission shall approve the improvements if they substantially conform to the construction plans. Any unexpended cash deposits not required for completion of the work shall be refunded.

The applicant shall submit warranty deeds together with a certificate of title showing merchantable title to all the streets and other improvements, and easements associated with improvements within the subdivision which the applicant offers for dedication to the County.

(Ord. No. 175, July 3, 1973; Sec. 9-3.9, R.C.O. 1976)

§ 9-3.10 Dedications.

Subject to the provisions of Subsection (b) of this Section, approval of improvements by the Planning Commission and acceptance of deeds by the Council submitted by the applicant pursuant to Section 9-3.8(b) and Section 9-3.9(d) shall constitute acceptance of dedication by the County.

As a condition for acceptance of deeds, the applicant shall submit two (2) sets of "As-Built" prints with the "As-Built" tracing of the complete construction plans plus additional tracings of that portion of the construction plans covering the water facilities.